tems, distribution systems, lighting, power sys-
tems and controls; 
(B) any improvement, repair, renovation, 
or installation that leads to an improvement in 
teacher and student health including but not 
limited to indoor air quality, daylighting, ven-
tilation, electrical lighting, and acoustics; and 
(C) the installation of renewable energy 
technologies (such as wind power, photovoltaics, 
solar thermal systems, geothermal energy, hy-
drogen-fueled systems, biomass-based systems, 
biofuels, anaerobic digesters, and hydropower) 
involved in the improvement, repair, or renova-
tion to a school. 
SEC. 4. FORMULA GRANTS TO STATES FOR ENERGY EFFI-
CIENCY IMPROVEMENTS AND RENEWABLE 
ENERGY IMPROVEMENTS AT PUBLIC SCHOOL 
FACILITIES. 
(a) AUTHORITY.—From amounts made available for 
grants under this section, the Secretary of Education shall 
allocate funds to States to provide grants to local edu-
cational agencies and eligible entities to make energy im-
provements authorized by this section. 
(b) FORMULA.—Amounts made available for grants 
under this section shall be allocated as follows: 
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(1) 1 percent shall be allocated to provide as-
sistance to outlying areas. 
(2) 1 percent shall be allocated to the Secretary 
of the Interior to provide assistance to Bureau-fund-
ed schools. 
(3) The remaining amounts shall be allocated to 
the State educational agencies. Each State edu-
cational agency shall be allocated an amount that 
bears the same relation to the amount appropriated 
for the fiscal year as the amount the State received 
for fiscal year 2008 under part A of title I of the 
Elementary and Secondary Education Act of 1965 
bears to the amount all States received for fiscal 
year 2008, except that no State educational agency 
shall receive less than 0.5 percent of the remaining 
amounts. 
(c) AMOUNT RESERVED BY STATE FOR ADMINISTRA-
TION.—A State educational agency receiving an allocation 
under subsection (b) may reserve not more than 2 percent 
of that allocation for the purpose of administering the dis-
tribution of grants under this section. 
(d) COMPETITIVE GRANTS.— 
(1) IN GENERAL.—After any reservation under 
subsection (c), the State educational agency shall 
grant all remaining amounts on a competitive basis 
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to local educational agencies and eligible entities. 
Any amounts that the State educational agency can-
not grant shall be returned to the Secretary and re-
allocated by the Secretary to other States under sub-
section (b). 
(2) PRIORITY.—In making grants under this 
subsection, the State educational agency shall give 
priority to a local educational agency that has ren-
ovation, repair, and improvement funding needs and 
is— 
(A) a high-need local educational agency, 
as defined in section 2102 of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6602); or 
(B) a local educational agency designated 
with a metrocentric locale code of 41, 42, or 43 
as determined by the National Center for Edu-
cation Statistics (NCES), in conjunction with 
the Bureau of the Census, using the NCES sys-
tem for classifying local educational agencies. 
(3) COMPETITIVE CRITERIA.—The competitive 
criteria used by the State educational agency shall 
include the following: 
(A) The fiscal capacity of the local edu-
cational agency or eligible entity to meet the 
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needs for improvements of school facilities with-
out assistance under this section, including the 
ability of the local educational agency or eligible 
entity to raise funds through the use of local 
bonding capacity and otherwise. 
(B) In the case of a local educational agen-
cy that proposes to fund an improvement for a 
charter school, the extent to which the school 
has access to funding for the project through 
the financing methods available to other schools 
or local educational agencies in the State. 
(C) The likelihood that the local edu-
cational agency or eligible entity will maintain, 
in good condition, any facility whose improve-
ment is assisted. 
(4) APPLICATIONS.—To be eligible to receive a 
grant under this section, an applicant must submit 
to the State educational agency an application that 
includes each of the following: 
(A) A needs assessment of the current con-
dition of the school and facilities that are to re-
ceive the energy improvements. 
(B) A draft work plan of what applicant 
hopes to achieve at the school and a description 
of the energy improvements to be carried out. 
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(C) A description of the applicant’s capac-
ity to provide services and comprehensive sup-
port to make the energy improvements. 
(D) An assessment of the applicant’s ex-
pected needs for operation and maintenance 
training funds, and a plan for use of those 
funds, if any. 
(E) An assessment of the expected benefits 
of the energy improvements. 
(F) A cost estimate of the proposed energy 
improvements. 
(G) An identification of other resources 
that are available to carry out the activities for 
which funds are requested under this section, 
including the availability of utility programs 
and public benefit funds. 
(H) An assurance that the application was 
developed in consultation with the facilities 
manager of the school, parents, classroom 
teachers, and principals. 
(I) A memorandum of understanding be-
tween the school selected for the energy im-
provements and the applicant. 
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(J) An assessment of the need for an audit 
and, if so, a justification of the need for the 
audit. 
(K) If the applicant is an eligible entity— 
(i) a description of the eligible entity; 
(ii) a description of the capacity of the 
eligible entity to provide services and sup-
port applicable to the energy improve-
ments; and 
(iii) a memorandum of understanding 
between the eligible entity and local edu-
cational agency. 
(L) Any other information and assurances 
that the State educational agency may reason-
ably require. 
(5) MATCHING FUNDS.—The State educational 
agency may require a recipient to provide matching 
funds and, in determining the amount of the match-
ing funds, shall take into account the relative pov-
erty of the population served by the local educational 
agency. 
(e) USE OF GRANT AMOUNTS.— 
(1) IN
GENERAL.—The recipient of a grant 
under this section shall use the grant amounts only 
to make the energy improvements contemplated in 
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the application, subject to the other provisions of 
this subsection. 
(2) OPERATION
AND
MAINTENANCE
TRAIN-
ING.—The recipient may use up to 5 percent for op-
eration and maintenance training for energy effi-
ciency and renewable energy improvements (such as 
maintenance staff and teacher training, education, 
and preventative maintenance training). 
(3) AUDIT.—The recipient may use funds for a 
third-party investigation and analysis for energy im-
provements (such as energy audits and existing 
building commissioning). 
(4) CONTINUING
EDUCATION.—The recipient 
may use up to 1 percent of the grant amounts to de-
velop a continuing education curriculum relating to 
energy improvements. 
(f) CONTRACTING REQUIREMENTS.— 
(1) DAVIS-BACON.—Any laborer or mechanic 
employed by any contractor or subcontractor in the 
performance of work on any energy improvements 
funded by a grant under this section shall be paid 
wages at rates not less than those prevailing on 
similar construction in the locality as determined by 
the Secretary of Labor under subchapter IV of chap-
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ter 31 of title 40, United States Code (commonly re-
ferred to as the Davis-Bacon Act). 
(2) COMPETITION.—Each applicant that re-
ceives funds shall ensure that, if the applicant car-
ries out repair or renovation through a contract, any 
such contract process— 
(A) ensures the maximum number of quali-
fied bidders, including small, minority, and 
women-owned businesses, through full and open 
competition; and 
(B) gives priority to businesses located in, 
or resources common to, the State or the geo-
graphical area in which the project is carried 
out. 
(g) REPORTING.— 
(1) BY RECIPIENTS.—Each recipient of a grant 
under this section shall submit to the State edu-
cational agency, at such time as the State edu-
cational agency may require, a report describing the 
use of such funds for energy improvements, the esti-
mated cost savings realized by those energy improve-
ments, the results of any audit, the use of any utility 
programs and public benefit funds and the use of 
performance tracking for energy improvements (such 
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as the Department of Energy: Energy Star program 
or LEED for Existing Buildings). 
(2) BY STATES.—Each State educational agen-
cy receiving an allocation under this section shall 
submit to the Secretary, not later than December 30 
of each year, a report on the use of funds received 
and made available to recipients for energy improve-
ments, the estimated cost savings realized by those 
energy improvements, the results of any audits, the 
use of any utility programs and public benefit funds 
and the use of performance tracking for energy im-
provements (such as the Department of Energy: En-
ergy Star program or LEED for Existing Build-
ings). 
(h) BEST PRACTICES.— 
(1) PUBLICATION
OF
STATE
REPORTS.—The 
Secretary shall publish the reports from the State 
educational agencies. 
(2) DEVELOPMENT OF GUIDELINES.—The Sec-
retary shall use the results of the reports to develop, 
in consultation with the Secretary of Energy, guide-
lines and best practices for activities carried out 
under this section. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
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$2,000,000,000 for each of fiscal years 2009 through 
2014. 
SEC. 5. COMPETITIVE GRANTS TO STATES TO DEVELOP 
GUIDELINES FOR ENERGY IMPROVEMENTS. 
(a) AUTHORITY.—From amounts made available for 
grants under this section, the Secretary of Education 
shall, on a competitive basis, make grants to States to de-
velop guidelines and standards for energy improvements 
and new facility construction within the State. 
(b) PRIORITY.—In making grants under this section, 
the Secretary shall give priority to the following: 
(1) A State that has local educational agencies 
that have renovation, repair, and improvement fund-
ing needs and are— 
(A) high-need local educational agencies, 
as defined in section 2102 of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6602); or 
(B) local educational agencies designated 
with a metrocentric locale code of 41, 42, or 43 
as determined by the National Center for Edu-
cation Statistics (NCES), in conjunction with 
the Bureau of the Census, using the NCES sys-
tem for classifying local educational agencies. 
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(2) A State that does not have established 
guidelines and standards for energy improvements, 
and new facility construction. 
(c) APPLICATIONS.—To be eligible to receive a grant 
under this section, an applicant must submit to the Sec-
retary an application that includes each of the following: 
(1) An assessment of the need for State guide-
lines and standards for energy improvements and 
new facility construction. 
(2) An assessment of the expected benefits of 
guidelines and standards for energy improvements 
and new facility construction. 
(3) A cost estimate of the proposed develop-
ment of guidelines and standards for energy im-
provements and new facility construction. 
(4) A plan for utilization of guidelines and 
standards for energy improvements and new facility 
construction. 
(5) A plan for utilization of businesses located 
in, or resources common to, the geographical area. 
(6) Any other information and assurances that 
the Secretary may reasonably require. 
(d) USE OF FUNDS.— 
(1) IN
GENERAL.—The recipient of a grant 
under this section shall use the grant amounts only 
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to develop the guidelines and standards con-
templated by this section, subject to the other provi-
sions of this subsection. 
(2) CONTENT
OF
GUIDELINES
AND
STAND-
ARDS.—The guidelines and standards shall— 
(A) be based on current regional standards 
set by the Department of Energy; and 
(B) give priority to the utilization of busi-
nesses located in, or resources common to, the 
geographical area. 
(3) FEES.—The recipient may use grant 
amounts for fees related to securing information re-
sources, obtaining training, and obtaining certifi-
cations, to the extent doing so is relevant to devel-
oping guidelines and standards for renovations, mod-
ernizations, and new construction (such as obtaining 
third party certification for the institution of best 
practices related to ongoing operations and mainte-
nance for existing buildings). 
(e) REPORTING.—Each recipient of grant funds 
under this section shall, not later than December 30 of 
the year for which the funds were awarded, submit to the 
Secretary a report that describes the progress made in de-
veloping the guidelines and standards, and includes any 
completed guidelines and standards. 
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(f) BEST PRACTICES.— 
(1) PUBLICATION OF REPORTS.—The Secretary 
shall publish the reports from the State educational 
agencies. 
(2) DEVELOPMENT OF NATIONWIDE REGIONAL 
GUIDELINES.—The Secretary shall use the results of 
the reports to develop, in consultation with the Sec-
retary of Energy, best practices to further the goal 
of developing nationwide and regional guidelines and 
standards for improvements, modernizations, renova-
tions, and new construction. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$50,000,000 for each of fiscal years 2009 through 2014. 
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall carry out a study on— 
(1) the costs of repair, renovation, and con-
struction for public elementary schools and sec-
ondary schools in the United States; 
(2) the expenditures of Federal, State, local, 
and private funds for such costs; and 
(3) the potential of Federal funding to address 
the repair, renovation, and construction needs of 
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public elementary schools and secondary schools in 
the United States with energy improvements. 
(b) ESTIMATES AND MEASURES.—In carrying out 
the study, the Comptroller General shall— 
(1) estimate the costs needed to repair, ren-
ovate, and construct all schools described in sub-
section (a)(1) to a ‘‘good overall condition’’; 
(2) measure the expenditures described in sub-
section (a)(2) for the period beginning with fiscal 
year 2001 and ending with the most recent fiscal 
year for which data are available; and 
(3) estimate the potential costs, and the poten-
tial cost savings, of including in needed repairs, ren-
ovations, and construction, energy improvements, as 
described in subsection (a)(3). 
(c) ANALYSIS.—With respect to subsection (b)(2), 
the Comptroller General shall examine the history of such 
expenditures, including examining— 
(1) types of schools assisted, and the types of 
repair, renovation, and construction activities con-
ducted, with those expenditures; 
(2) how the expenditures were allocated among 
improvements to land, buildings, and equipment; 
(3) how Federal funds for such activities have 
been distributed; and 
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(4) how Federal funds have been used to sup-
port energy improvements in public elementary 
schools and secondary schools. 
(d) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to Congress a report on the results of the study. 
Æ 
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