I 
112TH CONGRESS 
1ST SESSION H. R. 2948 
To provide assistance for the modernization, renovation, and repair of elemen-
tary and secondary school buildings in public school districts, as well 
as community colleges, across America in order to support the achieve-
ment of improved educational outcomes in those schools, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2011 
Ms. DELAURO (for herself, Ms. NORTON, Mr. CICILLINE, Ms. BASS of Cali-
fornia, Ms. SLAUGHTER, Ms. HIRONO, Ms. SCHAKOWSKY, Mr. TONKO, 
Mr. GUTIERREZ, Ms. CLARKE of New York, Mr. JACKSON of Illinois, Mr. 
ELLISON, Mrs. CAPPS, Mr. BLUMENAUER, Mr. TIERNEY, Ms. RICHARD-
SON, Mr. NADLER, Ms. ESHOO, and Mr. COHEN) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force 
A BILL 
To provide assistance for the modernization, renovation, and 
repair of elementary and secondary school buildings in 
public school districts, as well as community colleges, 
across America in order to support the achievement of 
improved educational outcomes in those schools, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fix America’s Schools 
Today (FAST) Act of 2011’’. 
TITLE I—ELEMENTARY AND 
SECONDARY SCHOOLS 
SEC. 101. PURPOSE. 
The purpose of this title to provide assistance for the 
modernization, renovation, and repair of elementary and 
secondary school buildings in public school districts across 
America in order to support the achievement of improved 
educational outcomes in those schools. 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated, and there 
are appropriated, $25,000,000,000 to carry out this title, 
which shall be available for obligation by the Secretary 
until September 30, 2012. 
SEC. 103. ALLOCATION OF FUNDS. 
(a) RESERVATIONS.—Of the amount made available 
to carry out this title, the Secretary shall reserve— 
(1) one-half of one percent for the Secretary of 
the Interior to carry out modernization, renovation, 
and repair activities described in section 106 in 
schools operated or funded by the Bureau of Indian 
Education; 
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(2) one-half of one percent to make grants to 
the outlying areas for modernization, renovation, 
and repair activities described in section 106; and 
(3) such funds as the Secretary determines are 
needed to conduct a survey, by the National Center 
for Education Statistics, of the school construction, 
modernization, renovation, and repair needs of the 
public schools of the United States. 
(b) STATE
ALLOCATION.—After reserving funds 
under subsection (a), the Secretary shall allocate the re-
maining amount made available to carry out this title 
among the States in proportion to their respective alloca-
tions under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (in this title referred to 
as the ‘‘ESEA’’) (20 U.S.C. 6311 et seq.) for fiscal year 
2011, except that— 
(1) the Secretary shall allocate 40 percent of 
such remaining amount to the 100 local educational 
agencies with the largest numbers of children aged 
5–17 living in poverty, as determined using the most 
recent data available from the Department of Com-
merce that are satisfactory to the Secretary, in pro-
portion to those agencies’ respective allocations 
under part A of title I of the ESEA for fiscal year 
2011; and 
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(2) the allocation to any State shall be reduced 
by the aggregate amount of the allocations under 
paragraph (1) to local educational agencies in that 
State. 
(c) REMAINING ALLOCATION.— 
(1) STATES.—If a State does not apply for its 
allocation (or applies for less than the full allocation 
for which it is eligible) or does not use that alloca-
tion in a timely manner, the Secretary may— 
(A) reallocate all or a portion of that allo-
cation to the other States in accordance with 
subsection (b); or 
(B) use all or a portion of that allocation 
to make direct allocations to local educational 
agencies within the State based on their respec-
tive allocations under part A of title I of the 
ESEA for fiscal year 2011 or such other meth-
od as the Secretary may determine. 
(2) LOCAL EDUCATIONAL AGENCIES.—If a local 
educational agency does not apply for its allocation 
under subsection (b)(1), applies for less than the full 
allocation for which it is eligible, or does not use 
that allocation in a timely manner, the Secretary 
may reallocate all or a portion of its allocation to the 
State in which that agency is located. 
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SEC. 104. STATE USE OF FUNDS. 
(a) RESERVATION.—Each State that receives a grant 
under this title may reserve not more than one percent 
of the State’s allocation under section 103(b) for the pur-
pose of administering the grant. 
(b) FUNDS TO LOCAL EDUCATIONAL AGENCIES.— 
(1) FORMULA
SUBGRANTS.—From the grant 
funds that are not reserved under subsection (a), a 
State shall allocate at least 50 percent to local edu-
cational agencies, including charter schools that are 
local educational agencies, that did not receive funds 
under section 103(b)(1) from the Secretary, in ac-
cordance with their respective allocations under part 
A of title I of the ESEA for fiscal year 2011, except 
that no such local educational agency shall receive 
less than $10,000. 
(2) ADDITIONAL SUBGRANTS.—The State shall 
use any funds remaining, after reserving funds 
under subsection (a) and allocating funds under 
paragraph (1), for subgrants to local educational 
agencies that did not receive funds under section 
103(b)(1), including charter schools that are local 
educational agencies, to support modernization, ren-
ovation, and repair projects that the State deter-
mines, using objective criteria, are most needed in 
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the State, with priority given to projects in rural 
local educational agencies. 
(c) REMAINING FUNDS.—If a local educational agen-
cy does not apply for an allocation under subsection 
(b)(1), applies for less than its full allocation, or fails to 
use that allocation in a timely manner, the State may re-
allocate any unused portion to other local educational 
agencies in accordance with subsection (b). 
SEC. 105. STATE AND LOCAL APPLICATIONS. 
(a) STATE APPLICATION.—A State that desires to re-
ceive a grant under this title shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require, which shall include— 
(1) an identification of the State agency or enti-
ty that will administer the program; 
(2) the State’s process for determining how the 
grant funds will be distributed and administered, in-
cluding— 
(A) how the State will determine the cri-
teria and priorities in making subgrants under 
section 104(b)(2); 
(B) any additional criteria the State will 
use in determining which projects it will fund 
under that section; 
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(C) a description of how the State will con-
sider— 
(i) the needs of local educational 
agencies for assistance under this title; 
(ii) the impact of potential projects on 
job creation in the State; 
(iii) the fiscal capacity of local edu-
cational agencies applying for assistance; 
(iv) the percentage of children in 
those local educational agencies who are 
from low-income families; and 
(v) the potential for leveraging assist-
ance provided by this program through 
matching or other financing mechanisms; 
(D) a description of how the State will en-
sure that the local educational agencies receiv-
ing subgrants meet the requirements of this 
title; 
(E) a description of how the State will en-
sure that the State and its local educational 
agencies meet the deadlines established in sec-
tion 108; 
(F) a description of how the State will give 
priority to the use of green practices that are 
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certified, verified, or consistent with any appli-
cable provisions of— 
(i) the LEED Green Building Rating 
System; 
(ii) Energy Star; 
(iii) the CHPS Criteria; 
(iv) Green Globes; or 
(v) an equivalent program adopted by 
the State or another jurisdiction with au-
thority over the local educational agency; 
(G) a description of the steps that the 
State will take to ensure that local educational 
agencies receiving subgrants will adequately 
maintain any facilities that are modernized, 
renovated, or repaired with subgrant funds 
under this title; and 
(H) such additional information and assur-
ances as the Secretary may require. 
(b) LOCAL APPLICATION.—A local educational agen-
cy that is eligible under section 103(b)(1) that desires to 
receive a grant under this title shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary 
may require, which shall include— 
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(1) a description of how the local educational 
agency will meet the deadlines and requirements of 
this title; 
(2) a description of the steps that the local edu-
cational agency will take to adequately maintain any 
facilities that are modernized, renovated, or repaired 
with funds under this title; and 
(3) such additional information and assurances 
as the Secretary may require. 
SEC. 106. USE OF FUNDS. 
(a) IN GENERAL.—Funds awarded to local edu-
cational agencies under this title shall be used only for 
either or both of the following modernization, renovation, 
or repair activities in facilities that are used for elemen-
tary or secondary education or for early learning pro-
grams: 
(1) Direct payments for school modernization, 
renovation, or repair. 
(2) To pay interest on bonds or payments for 
other financing instruments that are newly issued 
for the purpose of financing school modernization, 
renovation, or repair. 
(b) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this title shall be used to supplement, and 
not supplant, other Federal, State, and local funds that 
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would otherwise be expended to modernize, renovate, or 
repair eligible school facilities. 
(c) PROHIBITION.—Funds awarded to local edu-
cational agencies under this title may not be used for— 
(1) new construction; or 
(2) payment of routine maintenance costs. 
SEC. 107. ADDITIONAL PROVISIONS. 
(a) PERIOD OF AVAILABILITY FOR GRANTS.—Funds 
appropriated under section 102 shall be available for obli-
gation by local educational agencies receiving grants from 
the Secretary under section 103(b)(1), by States reserving 
funds under section 104(a), and by local educational agen-
cies receiving subgrants under section 104(b)(1) only dur-
ing the period that ends 24 months after the date of enact-
ment of this Act. 
(b) PERIOD OF AVAILABILITY FOR SUBGRANTS.— 
Funds appropriated under section 102 shall be available 
for obligation by local educational agencies receiving sub-
grants under section 104(b)(2) only during the period that 
ends 36 months after the date of enactment of this Act. 
(c) GENERAL EDUCATION PROVISIONS ACT.—Sec-
tion 439 of the General Education Provisions Act (20 
U.S.C. 1232b) shall apply to funds available under this 
title. 
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(d) LOCAL EDUCATIONAL AGENCIES.—For purposes 
of section 103(b)(1), Hawaii, the District of Columbia, 
and the Commonwealth of Puerto Rico are not local edu-
cational agencies. 
TITLE II—COMMUNITY COLLEGE 
MODERNIZATION 
SEC. 201. FEDERAL ASSISTANCE FOR COMMUNITY COL-
LEGE MODERNIZATION. 
(a) IN GENERAL.— 
(1) GRANT
PROGRAM.—From the amounts 
made available under subsection (h), the Secretary 
shall award grants to States to modernize, renovate, 
or repair existing facilities at community colleges. 
(2) ALLOCATION.— 
(A) RESERVATIONS.—Of the amount made 
available to carry out this section, the Secretary 
shall reserve— 
(i) up to 0.25 percent for grants to in-
stitutions that are eligible under section 
316 of the Higher Education Act of 1965 
(20 U.S.C. 1059c) to provide for mod-
ernization, renovation, and repair activities 
described in this section; and 
(ii) up to 0.25 percent for grants to 
the outlying areas to provide for mod-
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ernization, renovation, and repair activities 
described in this section. 
(B) ALLOCATION.—After reserving funds 
under subparagraph (A), the Secretary shall al-
locate to each State that has an application ap-
proved by the Secretary an amount that bears 
the same relation to any remaining funds as the 
total number of students in such State who are 
enrolled in institutions described in section 
202(b)(1)(A) plus the number of students who 
are estimated to be enrolled in and pursuing a 
degree or certificate that is not a bachelor’s, 
master’s, professional, or other advanced degree 
in 
institutions 
described 
in 
section 
202(b)(1)(B), based on the proportion of de-
grees or certificates awarded by such institu-
tions that are not bachelor’s, master’s, profes-
sional, or other advanced degrees, as reported 
to the Integrated Postsecondary Data System 
bears to the estimated total number of such 
students in all States, except that no State shall 
receive less than $2,500,000. 
(C) REALLOCATION.—Amounts not allo-
cated under this section to a State because the 
State either did not submit an application 
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under subsection (b), the State submitted an 
application that the Secretary determined did 
not meet the requirements of such subsection, 
or the State cannot demonstrate to the Sec-
retary a sufficient demand for projects to war-
rant the full allocation of the funds, shall be 
proportionately reallocated under this para-
graph to the other States that have a dem-
onstrated need for, and are receiving, alloca-
tions under this section. 
(D) STATE
ADMINISTRATION.—A State 
that receives a grant under this section may use 
not more than one percent of that grant to ad-
minister it. 
(3) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under this section shall be used to 
supplement, and not supplant, other Federal, State, 
and local funds that would otherwise be expended to 
modernize, renovate, or repair existing community 
college facilities. 
(b) APPLICATION.—A State that desires to receive a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information and assurances as the Secretary may re-
quire. Such application shall include a description of— 
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(1) how the funds provided under this section 
will improve instruction at community colleges, in-
cluding how faculty and staff will be consulted re-
garding uses of funds for projects that will improve 
instruction, in the State and will improve the ability 
of those colleges to educate and train students to 
meet the workforce needs of employers in the State; 
and 
(2) the projected start of each project and the 
estimated number of persons to be employed in the 
project. 
(c) PROHIBITED USES OF FUNDS.— 
(1) IN
GENERAL.—No funds awarded under 
this section may be used for— 
(A) payment of routine maintenance costs; 
(B) construction, modernization, renova-
tion, or repair of stadiums or other facilities 
primarily used for athletic contests or exhibi-
tions or other events for which admission is 
charged to the general public; or 
(C) construction, modernization, renova-
tion, or repair of facilities— 
(i) used for sectarian instruction, reli-
gious worship, or a school or department 
of divinity; or 
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(ii) in which a substantial portion of 
the functions of the facilities are subsumed 
in a religious mission. 
(2) 
FOUR-YEAR
INSTITUTIONS.—No 
funds 
awarded to a four-year public institution of higher 
education under this section may be used for any fa-
cility, service, or program of the institution that is 
not available to students who are pursuing a degree 
or certificate that is not a bachelor’s, master’s, pro-
fessional, or other advanced degree. 
(d) GREEN PROJECTS.—In providing assistance to 
community college projects under this section, the State 
shall consider the extent to which a community college’s 
project involves activities that are certified, verified, or 
consistent with the applicable provisions of— 
(1) the LEED Green Building Rating System; 
(2) Energy Star; 
(3) the CHPS Criteria, as applicable; 
(4) Green Globes; or 
(5) an equivalent program adopted by the State 
or the State higher education agency that includes 
a verifiable method to demonstrate compliance with 
such program. 
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(e) APPLICATION OF GEPA.—Section 439 of the 
General Education Provisions Act (20 U.S.C. 1232b) shall 
apply to funds available under this title. 
(f) AVAILABILITY OF FUNDS.— 
(1) There are authorized to be appropriated, 
and there are appropriated, to carry out this section 
(in addition to any other amounts appropriated to 
carry out this section and out of any money in the 
Treasury 
not 
otherwise 
appropriated), 
$5,000,000,000 for fiscal year 2012. 
(2) Funds appropriated under this subsection 
shall be available for obligation by community col-
leges only during the period that ends 36 months 
after the date of enactment of this Act. 
SEC. 202. DEFINITIONS. 
(a) ESEA TERMS.—Except as otherwise provided, in 
this title, the terms ‘‘local educational agency’’, ‘‘Sec-
retary’’, and ‘‘State educational agency’’ have the mean-
ings given those terms in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801). 
(b) ADDITIONAL DEFINITIONS.—The following defi-
nitions apply to this title: 
(1) COMMUNITY COLLEGE.—The term ‘‘commu-
nity college’’ means— 
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(A) a junior or community college, as that 
term is defined in section 312(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1058(f)); or 
(B) an institution of higher education (as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) that awards a 
significant number of degrees and certificates, 
as determined by the Secretary, that are not— 
(i) bachelor’s degrees (or an equiva-
lent); or 
(ii) master’s, professional, or other 
advanced degrees. 
(2) CHPS CRITERIA.—The term ‘‘CHPS Cri-
teria’’ means the green building rating program de-
veloped by the Collaborative for High Performance 
Schools. 
(3) ENERGY STAR.—The term ‘‘Energy Star’’ 
means the Energy Star program of the United 
States Department of Energy and the United States 
Environmental Protection Agency. 
(4) 
GREEN
GLOBES.—The 
term 
‘‘Green 
Globes’’ means the Green Building Initiative envi-
ronmental design and rating system referred to as 
Green Globes. 
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(5) LEED GREEN
BUILDING
RATING
SYS-
TEM.—The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
Design green building rating standard referred to as 
the LEED Green Building Rating System. 
(6) MODERNIZATION, RENOVATION, AND
RE-
PAIR.—The term ‘‘modernization, renovation, and 
repair’’ means— 
(A) comprehensive assessments of facilities 
to identify— 
(i) facility conditions or deficiencies 
that could adversely affect student and 
staff health, safety, performance, or pro-
ductivity or energy, water, or materials ef-
ficiency; and 
(ii) needed facility improvements; 
(B) repairing, replacing, or installing roofs 
(which may be extensive, intensive, or semi-in-
tensive ‘‘green’’ roofs); electrical wiring; water 
supply and plumbing systems, sewage systems, 
storm water runoff systems, lighting systems 
(or components of such systems); or building 
envelope, windows, ceilings, flooring, or doors, 
including security doors; 
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(C) repairing, replacing, or installing heat-
ing, ventilation, or air conditioning systems, or 
components of those systems (including insula-
tion), including by conducting indoor air quality 
assessments; 
(D) repairing, replacing, or installing an 
interior or exterior system that would include 
paint or coatings, wall covering, drywall or plat-
er, ceiling, baseboards and floor covering; 
(E) compliance with fire, health, seismic, 
and safety codes, including professional installa-
tion of fire and life safety alarms, and mod-
ernizations, renovations, and repairs that en-
sure that facilities are prepared for such emer-
gencies as acts of terrorism, campus violence, 
and natural disasters, such as improving build-
ing infrastructure to accommodate security 
measures and installing or upgrading tech-
nology to ensure that a school or incident is 
able to respond to such emergencies; 
(F) making modifications necessary to 
make educational facilities accessible in compli-
ance with the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.) and section 
504 of the Rehabilitation Act of 1973 (29 
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U.S.C. 794), except that such modifications 
shall not be the primary use of a grant or 
subgrant; 
(G) abatement, removal, or interim con-
trols of asbestos, polychlorinated biphenyls, 
mold, mildew, or lead-based hazards, including 
lead-based paint hazards; 
(H) retrofitting necessary to increase en-
ergy efficiency, including insulation or reducing 
heating and cooling costs through thermal coat-
ing of school facility roofs; 
(I) measures, such as selection and substi-
tution of products and materials, and imple-
mentation of improved maintenance and oper-
ational procedures, such as ‘‘green cleaning’’ 
programs, to reduce or eliminate potential stu-
dent or staff exposure to— 
(i) volatile organic compounds; 
(ii) particles such as dust and pollens; 
or 
(iii) combustion gases; 
(J) modernization, renovation, or repair 
necessary to reduce the consumption of coal, 
electricity, land, oil, or water; 
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(K) installation or upgrading of edu-
cational technology infrastructure; 
(L) installation or upgrading of renewable 
energy generation and heating systems, includ-
ing solar, photovoltaic, wind, biomass (including 
wood pellet and woody biomass), waste-to-en-
ergy, solar-thermal, fuel cell, and geothermal 
systems, and energy audits; 
(M) modernization, renovation, or repair 
activities related to energy efficiency and renew-
able energy, including insulation of systems 
functioning as heating, venting, or air condi-
tioning, and improvements to building infra-
structures to accommodate bicycle and pedes-
trian access; 
(N) ground improvements, storm water 
management, and environmental clean-up when 
necessary; 
(O) other modernization, renovation, or re-
pair to— 
(i) improve teachers’ ability to teach 
and students’ ability to learn; 
(ii) ensure the health and safety of 
students and staff; or 
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(iii) improve classroom, laboratory, 
and vocational facilities in order to en-
hance the quality of science, technology, 
engineering, and mathematics instruction; 
and 
(P) required environmental remediation re-
lated to facilities modernization, renovation, or 
repair activities described in subparagraphs (A) 
through (L). 
(7) OUTLYING
AREA.—The term ‘‘outlying 
area’’ means the United States Virgin Islands, 
Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Republic of 
Palau. 
(8) STATE.—The term ‘‘State’’ means each of 
the 50 States of the United States, the Common-
wealth of Puerto Rico, and the District of Columbia. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. BUY AMERICAN. 
Section 1605 of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111–5) shall 
apply to funds made available under this Act. 
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SEC. 302. COMPLIANCE WITH DAVIS-BACON ACT. 
All laborers and mechanics employed by contractors 
and subcontractors on projects funded directly by or as-
sisted in whole or in part pursuant to this Act shall be 
paid wages at rates not less than those prevailing on 
projects of a character similar in the locality as deter-
mined by the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of part A of title 40, United 
States Code. With respect to the labor standards specified 
in this section, the Secretary of Labor shall have the au-
thority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
section 3145 of title 40, United States Code. 
SEC. 303. REPORTS. 
(a) REPORTS
BY
THE STATES.—Each local edu-
cational agency and State that receives a grant under this 
Act shall, not later than September 30, 2012, and annu-
ally thereafter for each fiscal year in which the State ex-
pends funds received under this Act, submit to the Sec-
retary a report that includes— 
(1) a description of the projects for which the 
grant was, or will be, used; 
(2) a description of the amount and nature of 
the assistance provided to each community college 
under this section; and 
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(3) the number of jobs created by the projects 
funded under this section. 
(b) REPORT BY THE SECRETARY.—The Secretary of 
Education shall submit to the appropriating and author-
izing committees (as defined in section 103 of the Higher 
Education Act of 1965; U.S.C. 1003) an annual report 
on the grants made under this section, including the infor-
mation described in subsection (a). 
(c) GAO.—Not later than 3 years after the date of 
enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report evaluating 
the program carried out under this Act that includes an 
assessment of the impact and benefits of each funded 
school improvement project. 
Æ 
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