Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	2,899	n/a	n/a
Reported in House	3,298	195	77%
Engrossed in House	3,419	103	47%
Referred in Senate	3,398	23 Show Changes Hide Changes	3%

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HR 3021 EHRFSCommentsClose CommentsPermalink

110th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3021CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `‘21st Century Green High-Performing Public School Facilities Act'’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink

TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIES

Sec. 101. Purpose.CommentsClose CommentsPermalink





Sec. 102. Allocation of funds.CommentsClose CommentsPermalink





Sec. 103. Allowable uses of funds.CommentsClose CommentsPermalink

TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA

Sec. 201. Purpose.CommentsClose CommentsPermalink





Sec. 202. Allocation to States.CommentsClose CommentsPermalink





Sec. 203. Allowable uses of funds.CommentsClose CommentsPermalink

TITLE III--GENERAL PROVISIONS

Sec. 301. Impermissible uses of funds.CommentsClose CommentsPermalink





Sec. 302. Supplement, not supplant.CommentsClose CommentsPermalink





Sec. 302A. Prohibition regarding State aid.CommentsClose CommentsPermalink





Sec. 303. Maintenance of effort.CommentsClose CommentsPermalink





Sec. 304. Special rule on contracting.CommentsClose CommentsPermalink





Sec. 305. Special rule on use of iron and steel produced in the United States.CommentsClose CommentsPermalink





Sec. 306. Application of GEPA.CommentsClose CommentsPermalink





Sec. 307. Green Schools.CommentsClose CommentsPermalink





Sec. 308. Reporting.CommentsClose CommentsPermalink





Sec. 309. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 310. Special rules.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) The term `Bureau-funded school'‘Bureau-funded school’ has the meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).CommentsClose CommentsPermalink





(2) The term `charter school'‘charter school’ has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





(3) The term `local educational agency'‘local educational agency’--CommentsClose CommentsPermalink





(A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965, and shall also include the Recovery School District of Louisiana and the New Orleans Public Schools; andCommentsClose CommentsPermalink





(B) includes any public charter school that constitutes a local educational agency under State law.CommentsClose CommentsPermalink





(4) The term `outlying area'‘outlying area’--CommentsClose CommentsPermalink





(A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; andCommentsClose CommentsPermalink





(B) includes the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.CommentsClose CommentsPermalink





(5) The term `State'‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink





(6) 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 LEED Green Building Rating System.CommentsClose CommentsPermalink





(7) The term `Energy Star'‘Energy Star’ means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency.CommentsClose CommentsPermalink





(8) The term `CHPS Criteria'‘CHPS Criteria’ means the green building rating program developed by the Collaborative for High Performance Schools.CommentsClose CommentsPermalink





(9) The term `public school facilities'‘public school facilities’ includes charter schools.CommentsClose CommentsPermalink





(10) The term `Green Globes'‘Green Globes’ means the Green Building Initiative environmental design and rating system referred to as Green Globes.CommentsClose CommentsPermalink

TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIESCommentsClose CommentsPermalink

SEC. 101. PURPOSE.

Grants under this title shall be for the purpose of modernizing, renovating, or repairing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically.CommentsClose CommentsPermalink

SEC. 102. ALLOCATION OF FUNDS.

(a) Reservation- From the amount appropriated to carry out this title for each fiscal year pursuant to section 309(a), the Secretary shall reserve 1 percent of such amount, consistent with the purpose described in section 101--CommentsClose CommentsPermalink





(1) to provide assistance to the outlying areas; andCommentsClose CommentsPermalink





(2) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.CommentsClose CommentsPermalink





(b) Allocation to States-CommentsClose CommentsPermalink





(1) STATE-BY-STATE ALLOCATION- Of the amount appropriated to carry out this title for each fiscal year pursuant to section 309(a), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year.CommentsClose CommentsPermalink





(2) STATE ADMINISTRATION- A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this title, including--CommentsClose CommentsPermalink





(A) providing technical assistance to local educational agencies;CommentsClose CommentsPermalink





(B) developing within 6 months of receiving its allocation under paragraph (1) a plan to develop a database that includes an inventory of public school facilities in the State and the modernization, renovation, and repair needs of, energy use by, and the carbon footprint of such schools; andCommentsClose CommentsPermalink





(C) developing a school energy efficiency quality plan.CommentsClose CommentsPermalink





(3) GRANTS TO LOCAL EDUCATIONAL AGENCIES- From the amount allocated to a State under paragraph (1), each local educational agency in the State that meets the requirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of that Act for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under part A of title I of that Act for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this title.CommentsClose CommentsPermalink





(4) SPECIAL RULE- Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 shall not apply to paragraph (1) or (3).CommentsClose CommentsPermalink





(c) Special Rules-CommentsClose CommentsPermalink





(1) DISTRIBUTIONS BY SECRETARY- The Secretary 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.CommentsClose CommentsPermalink





(2) DISTRIBUTIONS BY STATES- A State shall make and distribute the allocations described in subsection (b)(3) within 30 days of receiving such funds from the Secretary.CommentsClose CommentsPermalink





(3) DISTRIBUTIONS BY LOCAL EDUCATIONAL AGENCIES- A local educational agency receiving a grant under this title may give priority, in using the grant, to projects to be carried out in a public secondary school recognized as a Science and Technology High School or as a secondary school with a science and technology program.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) repairing, replacing, or installing roofs, including 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;CommentsClose CommentsPermalink





(2) repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation), including indoor air quality assessments;CommentsClose CommentsPermalink





(3) bringing public schools into compliance with fire, health, and safety codes, including professional installation of fire/life safety alarms, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures;CommentsClose CommentsPermalink





(4) modifications necessary to make public school facilities accessible to comply 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 U.S.C. 794), except that such modifications shall not be the primary use of the grant;CommentsClose CommentsPermalink





(5) asbestos or polychlorinated biphenyls abatement or removal from public school facilities;CommentsClose CommentsPermalink





(6) implementation of measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls, abatement, or a combination of each;CommentsClose CommentsPermalink





(7) implementation of measures designed to reduce or eliminate human exposure to mold or mildew;CommentsClose CommentsPermalink





(8) upgrading or installing educational technology infrastructure to ensure that students have access to up-to-date educational technology;CommentsClose CommentsPermalink





(9) modernization, renovation, or repair of science and engineering laboratory facilities, libraries, and career and technical education facilities, including those related to energy efficiency and renewable energy, and improvements to building infrastructure to accommodate bicycle and pedestrian access;CommentsClose CommentsPermalink





(10) renewable energy generation and heating systems, including solar, photovoltaic, wind, geothermal, or biomass, including wood pellet, systems or components of such systems;CommentsClose CommentsPermalink





(11) other modernization, renovation, or repair of public school facilities to--CommentsClose CommentsPermalink





(A) improve teachers'’ ability to teach and students'’ ability to learn;CommentsClose CommentsPermalink





(B) ensure the health and safety of students and staff;CommentsClose CommentsPermalink





(C) make them more energy efficient; orCommentsClose CommentsPermalink





(D) reduce class size; andCommentsClose CommentsPermalink





(12) required environmental remediation related to public school modernization, renovation, or repair described in paragraphs (1) through (11).CommentsClose CommentsPermalink

TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMACommentsClose CommentsPermalink

SEC. 201. PURPOSE.

Grants under this title shall be for the purpose of modernizing, renovating, repairing or constructing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically.CommentsClose CommentsPermalink

SEC. 202. ALLOCATION TO STATES.

(a) State-by-State Allocation- Of the amount appropriated to carry out this title for each fiscal year pursuant to section 309(b), the Secretary shall allocate to Louisiana, Mississippi, and Alabama an amount equal to the number of schools in each of those States that were closed for 60 days or more during the period beginning on August 29, 2005, and ending on December 31, 2005, due to Hurricane Katrina or Hurricane Rita, relative to the number of schools in all of those States combined that were so closed.CommentsClose CommentsPermalink





(b) State Administration- A State that receives funds under this title may reserve one-half of one percent of such funds for administrative purposes related to this title.CommentsClose CommentsPermalink





(c) Grants to Local Educational Agencies- States receiving funds under subsection (a) shall allocate such funds to local educational agencies within the State according to the criteria described in subsection (a).CommentsClose CommentsPermalink





(d) Special Rules-CommentsClose CommentsPermalink





(1) DISTRIBUTIONS BY SECRETARY- The Secretary shall make and distribute the allocations described in subsection (a) not later than 30 days after an appropriation of funds for this title is made.CommentsClose CommentsPermalink





(2) DISTRIBUTIONS BY STATES- A State shall make and distribute the allocations described in subsection (c) within 30 days of receiving such funds from the Secretary.CommentsClose CommentsPermalink

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 activities described in section 103, except that an agency receiving a grant under this title also may use such grant for such activities for the construction of new public school facilities.CommentsClose CommentsPermalink

TITLE III--GENERAL PROVISIONSCommentsClose CommentsPermalink

SEC. 301. IMPERMISSIBLE USES OF FUNDS.

No funds received under this Act may be used for--CommentsClose CommentsPermalink





(1) payment of maintenance costs;CommentsClose CommentsPermalink





(2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; orCommentsClose CommentsPermalink





(3) purchasing carbon offsets.CommentsClose CommentsPermalink

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 absence of such Federal funds, be available for modernization, renovation, repair, and construction of public school facilities.CommentsClose CommentsPermalink

SEC. 302A. 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.CommentsClose CommentsPermalink

SEC. 303. 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 aggregate 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 expenditures for the second preceding fiscal year.CommentsClose CommentsPermalink





(b) Reduction in Case of Failure to Meet-CommentsClose CommentsPermalink





(1) IN GENERAL- The State educational agency shall reduce the amount of a local educational agency'’s grant in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency).CommentsClose CommentsPermalink





(2) SPECIAL RULE- No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years.CommentsClose CommentsPermalink





(c) Waiver- The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to--CommentsClose CommentsPermalink





(1) exceptional or uncontrollable circumstances, such as a natural disaster; orCommentsClose CommentsPermalink





(2) a precipitous decline in the financial resources of the local educational agency.CommentsClose CommentsPermalink

SEC. 304. SPECIAL RULE ON CONTRACTING.

Each local educational agency receiving a grant under this Act shall ensure that, if the agency carries out modernization, 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 businesses, through full and open competition.CommentsClose CommentsPermalink

SEC. 305. SPECIAL RULE ON USE OF IRON AND STEEL PRODUCED IN THE UNITED STATES.

(a) In General- A local educational agency shall not obligate or expend funds received under this Act for a project for the modernization, renovation, or repair of public school facility unless all of the iron and steel used in such project is produced in the United States.CommentsClose CommentsPermalink





(b) Exceptions- The provisions of subsection (a) shall not apply in any case in which the local educational agency finds that--CommentsClose CommentsPermalink





(1) their application would be inconsistent with the public interest;CommentsClose CommentsPermalink





(2) iron and steel are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;CommentsClose CommentsPermalink





(3) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25 percent.CommentsClose CommentsPermalink

SEC. 306. APPLICATION OF GEPA.

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)) subject to section 439 of such Act (20 U.S.C. 1232b).CommentsClose CommentsPermalink

SEC. 307. GREEN SCHOOLS.

(a) In General- In a given fiscal year, a local educational agency shall use not less than the applicable percentage of funds received under this Act described in subsection (b) for public school modernization, renovation, repairs, or construction that are certified, verified, or consistent with any applicable provisions of--CommentsClose CommentsPermalink





(1) the LEED Green Building Rating System;CommentsClose CommentsPermalink





(2) Energy Star;CommentsClose CommentsPermalink





(3) the CHPS Criteria;CommentsClose CommentsPermalink





(4) Green Globes; orCommentsClose CommentsPermalink





(5) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency.CommentsClose CommentsPermalink





(b) Applicable Percentages- The applicable percentages described in subsection (a) are--CommentsClose CommentsPermalink





(1) in fiscal year 2009, 50 percent;CommentsClose CommentsPermalink





(2) in fiscal year 2010, 60 percent;CommentsClose CommentsPermalink





(3) in fiscal year 2011, 70 percent;CommentsClose CommentsPermalink





(4) in fiscal year 2012, 80 percent; andCommentsClose CommentsPermalink





(5) in fiscal year 2013, 90 percent.CommentsClose CommentsPermalink





(c) Technical Assistance- The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and school districts concerning the best practices in school modernization, renovation, repair, and construction, including those related to student academic achievement and student and staff health, energy efficiency, and environmental protection.CommentsClose CommentsPermalink

SEC. 308. REPORTING.

(a) Reports by Local Educational Agencies- Local educational agencies receiving a grant under this Act shall annually compile a report describing the projects for which such funds were used, including--CommentsClose CommentsPermalink





(1) the number of public schools in the agency, including the number of charter schools;CommentsClose CommentsPermalink





(2) the total amount of funds received by the local educational agency under this Act and the amount of such funds expended, including the amount expended for modernization, renovation, repair, or construction of charter schools;CommentsClose CommentsPermalink





(3) the number of public schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools;CommentsClose CommentsPermalink





(4) the number of public schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools;CommentsClose CommentsPermalink





(5) for each project--CommentsClose CommentsPermalink





(A) the cost;CommentsClose CommentsPermalink





(B) the standard described in section 307(a) with which the use of the funds complied or if the use of funds did not comply with a standard described in section 307(a), the reason such funds were not able to be used in compliance with such standards and the agency'’s efforts to use such funds in an environmentally sound manner;CommentsClose CommentsPermalink





(C) if flooring was installed, whether--CommentsClose CommentsPermalink





(i) it was low- or no-VOC (Volatile Organic Compounds) flooring;CommentsClose CommentsPermalink





(ii) it was made from sustainable materials; andCommentsClose CommentsPermalink





(iii) use of flooring described in clause (i) or (ii) was cost-effective; andCommentsClose CommentsPermalink





(D) any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, improved climate for teaching and learning, etc.); andCommentsClose CommentsPermalink





(6) the total number and amount of contracts awarded, and the number and amount of contracts awarded to local, small, minority, women, and veteran-owned businesses.CommentsClose CommentsPermalink





(b) Availability of Reports- A local educational agency shall--CommentsClose CommentsPermalink





(1) submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; andCommentsClose CommentsPermalink





(2) make the report described in subsection (a) publicly available, including on the agency'’s website.CommentsClose CommentsPermalink





(c) Reports by Secretary- Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on grants made under this Act, including the information described in subsection (b)(1), the types of modernization, renovation, repair, and construction funded, and the number of students impacted, including the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink

SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

(a) Title I- To carry out title I, there are authorized to be appropriated $6,400,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2013.CommentsClose CommentsPermalink





(b) Title II- To carry out title II, there are authorized to be appropriated $100,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink

SEC. 310. SPECIAL RULES.

Notwithstanding any other provision of this Act, none of the funds authorized by this Act may be--CommentsClose CommentsPermalink





(1) used to employ workers in violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); orCommentsClose CommentsPermalink





(2) distributed to a local educational agency that does not have a policy that requires a criminal background check on all employees of the agency.CommentsClose CommentsPermalink

Passed the House of Representatives June 4, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

110th CONGRESS2d SessionH. R. 3021AN ACTTo direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink