(4) SPECIAL RULE.—Section 1122(c)(3) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6332(c)(3)) shall not apply to paragraph 
(1) or (3). 
(c) SPECIAL RULES.— 
(1) DISTRIBUTIONS BY SECRETARY.—The Sec-
retary shall make and distribute the reservations 
and allocations described in subsections (a) and (b) 
not later than 30 days after an appropriation of 
funds for this title is made. 
(2) DISTRIBUTIONS BY STATES.—A State shall 
make and distribute the allocations described in sub-
section (b)(3) within 30 days of receiving such funds 
from the Secretary. 
SEC. 103. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title shall use the grant for modernization, renovation, 
or repair of public school facilities, including, where appli-
cable, early learning facilities— 
(1) repairing, replacing, or installing roofs, in-
cluding extensive, intensive or semi-intensive green 
roofs, electrical wiring, plumbing systems, sewage 
systems, lighting systems, or components of such 
systems, windows, or doors, including security doors; 
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(2) repairing, replacing, or installing heating, 
ventilation, air conditioning systems, or components 
of such systems (including insulation), including in-
door air quality assessments; 
(3) bringing public schools into compliance with 
fire, health, and safety codes, including professional 
installation of fire/life safety alarms, including mod-
ernizations, renovations, and repairs that ensure 
that schools are prepared for emergencies, such as 
improving building infrastructure to accommodate 
security measures; 
(4) modifications necessary to make public 
school facilities accessible to comply with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794); 
(5) abatement, removal, or interim controls of 
asbestos, polychlorinated biphenyls, mold, mildew, or 
lead-based paint hazards; 
(6) measures designed to reduce or eliminate 
human exposure to classroom noise and environ-
mental noise pollution; 
(7) modernizations, renovations, or repairs nec-
essary to reduce the consumption of coal, electricity, 
land, natural gas, oil, or water; 
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(8) upgrading or installing educational tech-
nology infrastructure to ensure that students have 
access to up-to-date educational technology; 
(9) modernization, renovation, or repair of 
science and engineering laboratory facilities, librar-
ies, and career and technical education facilities, in-
cluding those related to energy efficiency and renew-
able energy, and improvements to building infra-
structure to accommodate bicycle and pedestrian ac-
cess; 
(10) renewable energy generation and heating 
systems, including solar, photovoltaic, wind, geo-
thermal, or biomass, including wood pellet, systems 
or components of such systems; 
(11) other modernization, renovation, or repair 
of public school facilities to— 
(A) improve teachers’ ability to teach and 
students’ ability to learn; 
(B) ensure the health and safety of stu-
dents and staff; 
(C) make them more energy efficient; or 
(D) reduce class size; and 
(12) required environmental remediation related 
to public school modernization, renovation, or repair 
described in paragraphs (1) through (11). 
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TITLE II—SUPPLEMENTAL 
GRANTS FOR DISASTER AREAS 
SEC. 201. PURPOSE. 
Grants under this title shall be for the purpose of 
modernizing, renovating, repairing, or constructing public 
school facilities, including, where applicable, early learning 
facilities, based on their need for such improvements, to 
be safe, healthy, high-performing, and up-to-date techno-
logically. 
SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES. 
(a) IN GENERAL.—Of the amount appropriated to 
carry out this title for each fiscal year pursuant to section 
311(b), the Secretary shall allocate to local educational 
agencies serving areas in which the President, pursuant 
to section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170) and dur-
ing the preceding 10 fiscal years, has determined that a 
major disaster exists an amount equal to the infrastruc-
ture damage inflicted on public school facilities in each 
such area relative to the total of such infrastructure dam-
age so inflicted in all such areas, combined. 
(b) DISTRIBUTION BY SECRETARY.—The Secretary 
shall determine and distribute the allocations described in 
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subsection (a) not later than 60 days after an appropria-
tion of funds for this title is made. 
SEC. 203. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title shall use the grant for one or more of the activi-
ties described in section 103, except that an agency receiv-
ing a grant under this title also may use the grant for 
the construction of new public school facilities. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. IMPERMISSIBLE USES OF FUNDS. 
No funds received under this Act may be used for— 
(1) payment of maintenance costs; 
(2) stadiums or other facilities primarily used 
for athletic contests or exhibitions or other events 
for which admission is charged to the general public; 
(3) improvement or construction of facilities the 
purpose of which is not the education of children, in-
cluding central office administration or operations or 
logistical support facilities; or 
(4) purchasing carbon offsets. 
SEC. 302. SUPPLEMENT, NOT SUPPLANT. 
A local educational agency receiving a grant under 
this Act shall use such Federal funds only to supplement 
and not supplant the amount of funds that would, in the 
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absence of such Federal funds, be available for moderniza-
tion, renovation, repair, and construction of public school 
facilities. 
SEC. 303. PROHIBITION REGARDING STATE AID. 
A State shall not take into consideration payments 
under this Act in determining the eligibility of any local 
educational agency in that State for State aid, or the 
amount of State aid, with respect to free public education 
of children. 
SEC. 304. MAINTENANCE OF EFFORT. 
(a) IN GENERAL.—A local educational agency may 
receive a grant under this Act for any fiscal year only if 
either the combined fiscal effort per student or the aggre-
gate expenditures of the agency and the State involved 
with respect to the provision of free public education by 
the agency for the preceding fiscal year was not less than 
90 percent of the combined fiscal effort or aggregate ex-
penditures for the second preceding fiscal year. 
(b) REDUCTION IN CASE OF FAILURE TO MEET 
MAINTENANCE OF EFFORT REQUIREMENT.— 
(1) IN GENERAL.—The State educational agen-
cy shall reduce the amount of a local educational 
agency’s grant in any fiscal year in the exact propor-
tion by which a local educational agency fails to 
meet the requirement of subsection (a) of this sec-
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tion by falling below 90 percent of both the com-
bined fiscal effort per student and aggregate expend-
itures (using the measure most favorable to the local 
agency). 
(2) SPECIAL
RULE.—No such lesser amount 
shall be used for computing the effort required 
under subsection (a) of this section for subsequent 
years. 
(c) WAIVER.—The Secretary shall waive the require-
ments of this section if the Secretary determines that a 
waiver would be equitable due to— 
(1) exceptional or uncontrollable circumstances, 
such as a natural disaster; or 
(2) a precipitous decline in the financial re-
sources of the local educational agency. 
SEC. 305. SPECIAL RULE ON CONTRACTING. 
Each local educational agency receiving a grant under 
this Act shall ensure that, if the agency carries out mod-
ernization, renovation, repair, or construction through a 
contract, the process for any such contract ensures the 
maximum number of qualified bidders, including local, 
small, minority, and women- and veteran-owned busi-
nesses, through full and open competition. 
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SEC. 306. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS. 
(a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this Act may be used for 
a project for the modernization, renovation, repair or con-
struction of a public school facility unless all of the iron, 
steel, and manufactured goods used in the project are pro-
duced in the United States. 
(b) EXCEPTIONS.—Subsection (a) shall not apply in 
any case or category of cases in which the Secretary finds 
that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron, steel, and the relevant manufactured 
goods are not produced in the United States in suffi-
cient and reasonably available quantities and of a 
satisfactory quality; or 
(3) inclusion of iron, steel, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent. 
(c) PUBLICATION OF JUSTIFICATION.—If the Sec-
retary determines that it is necessary to waive the applica-
tion of subsection (a) based on a finding under subsection 
(b), the Secretary shall publish in the Federal Register 
a detailed written justification of the determination. 
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(d) CONSTRUCTION.—This section shall be applied in 
a manner consistent with United States obligations under 
international agreements. 
SEC. 307. LABOR STANDARDS. 
The grant programs under this Act are applicable 
programs (as that term is defined in section 400 of the 
General Education Provisions Act (20 U.S.C. 1221)) sub-
ject to section 439 of such Act (20 U.S.C. 1232b). 
SEC. 308. CHARTER SCHOOLS. 
A local educational agency receiving an allocation 
under this section shall use an equitable portion of that 
allocation for allowable activities benefitting charter 
schools within its jurisdiction, as determined based on the 
percentage of students from low-income families in the 
schools of the agency who are enrolled in charter schools 
and on the needs of those schools as determined by the 
agency. 
SEC. 309. GREEN SCHOOLS. 
(a) IN GENERAL.—In a given fiscal year, a local edu-
cational agency shall use not less than the applicable per-
centage (described in subsection (b)) of funds received 
under this Act for public school modernization, renovation, 
repairs, or construction that are certified, verified, or con-
sistent with any applicable provisions of— 
(1) the LEED Green Building Rating System; 
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(2) Energy Star; 
(3) the CHPS Criteria; 
(4) Green Globes; or 
(5) an equivalent program adopted by the State 
or another jurisdiction with authority over the local 
educational agency. 
(b) APPLICABLE
PERCENTAGES.—The applicable 
percentage described in subsection (a) is— 
(1) in fiscal year 2017, 50 percent; 
(2) in fiscal year 2018, 60 percent; 
(3) in fiscal year 2019, 70 percent; 
(4) in fiscal year 2020, 80 percent; 
(5) in fiscal year 2021, 90 percent; and 
(6) in fiscal year 2022, 100 percent. 
(c) TECHNICAL ASSISTANCE.—The Secretary, in con-
sultation with the Secretary of Energy and the Adminis-
trator of the Environmental Protection Agency, shall pro-
vide outreach and technical assistance to States and local 
educational agencies concerning the best practices in 
school modernization, renovation, repair, and construc-
tion, including those related to student academic achieve-
ment, student and staff health, energy efficiency, and envi-
ronmental protection. 
(d) YOUTHBUILD PROGRAMS.—The Secretary of 
Education, in consultation with the Secretary of Labor, 
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