[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3021 Referred in Senate (RFS)]

  2d Session
                                H. R. 3021


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2008

                                Received

                             August 1, 2008

 Read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 AN ACT


 
     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.

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

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
  TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC 
                           SCHOOL FACILITIES

Sec. 101. Purpose.
Sec. 102. Allocation of funds.
Sec. 103. Allowable uses of funds.
 TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA

Sec. 201. Purpose.
Sec. 202. Allocation to States.
Sec. 203. Allowable uses of funds.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Impermissible uses of funds.
Sec. 302. Supplement, not supplant.
Sec. 302A. Prohibition regarding State aid.
Sec. 303. Maintenance of effort.
Sec. 304. Special rule on contracting.
Sec. 305. Special rule on use of iron and steel produced in the United 
                            States.
Sec. 306. Application of GEPA.
Sec. 307. Green Schools.
Sec. 308. Reporting.
Sec. 309. Authorization of appropriations.
Sec. 310. Special rules.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Bureau-funded school'' has the meaning given 
        to such term in section 1141 of the Education Amendments of 
        1978 (25 U.S.C. 2021).
            (2) The term ``charter school'' has the meaning given such 
        term in section 5210 of the Elementary and Secondary Education 
        Act of 1965.
            (3) The term ``local educational agency''--
                    (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; and
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law.
            (4) The term ``outlying area''--
                    (A) means the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands; and
                    (B) includes the freely associated states of the 
                Republic of the Marshall Islands, the Federated States 
                of Micronesia, and the Republic of Palau.
            (5) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.
            (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.
            (7) The term ``Energy Star'' means the Energy Star program 
        of the United States Department of Energy and the United States 
        Environmental Protection Agency.
            (8) The term ``CHPS Criteria'' means the green building 
        rating program developed by the Collaborative for High 
        Performance Schools.
            (9) The term ``public school facilities'' includes charter 
        schools.
            (10) The term ``Green Globes'' means the Green Building 
        Initiative environmental design and rating system referred to 
        as Green Globes.

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

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.

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--
            (1) to provide assistance to the outlying areas; and
            (2) for payments to the Secretary of the Interior to 
        provide assistance to Bureau-funded schools.
    (b) Allocation to States.--
            (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.
            (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--
                    (A) providing technical assistance to local 
                educational agencies;
                    (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; and
                    (C) developing a school energy efficiency quality 
                plan.
            (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.
            (4) Special rule.--Section 1122(c)(3) of the Elementary and 
        Secondary Education Act of 1965 shall not apply to paragraph 
        (1) or (3).
    (c) Special Rules.--
            (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.
            (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.
            (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.

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--
            (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;
            (2) repairing, replacing, or installing heating, 
        ventilation, air conditioning systems, or components of such 
        systems (including insulation), including indoor air quality 
        assessments;
            (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;
            (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;
            (5) asbestos or polychlorinated biphenyls abatement or 
        removal from public school facilities;
            (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;
            (7) implementation of measures designed to reduce or 
        eliminate human exposure to mold or mildew;
            (8) upgrading or installing educational technology 
        infrastructure to ensure that students have access to up-to-
        date educational technology;
            (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;
            (10) renewable energy generation and heating systems, 
        including solar, photovoltaic, wind, geothermal, 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 students 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).

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

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.

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.
    (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.
    (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).
    (d) Special Rules.--
            (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.
            (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.

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.

                     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; or
            (3) 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 absence of such Federal funds, be available 
for modernization, renovation, repair, and construction of public 
school facilities.

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.

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.
    (b) Reduction in Case of Failure to Meet.--
            (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).
            (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 requirements 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 resources of the 
        local educational agency.

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.

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.
    (b) Exceptions.--The provisions of subsection (a) shall not apply 
in any case in which the local educational agency finds that--
            (1) their application would be inconsistent with the public 
        interest;
            (2) iron and steel are not produced in the United States in 
        sufficient and reasonably available quantities and of a 
        satisfactory quality;
            (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.

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).

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--
            (1) the LEED Green Building Rating System;
            (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 percentages described 
in subsection (a) are--
            (1) in fiscal year 2009, 50 percent;
            (2) in fiscal year 2010, 60 percent;
            (3) in fiscal year 2011, 70 percent;
            (4) in fiscal year 2012, 80 percent; and
            (5) in fiscal year 2013, 90 percent.
    (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.

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--
            (1) the number of public schools in the agency, including 
        the number of charter schools;
            (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;
            (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;
            (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;
            (5) for each project--
                    (A) the cost;
                    (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;
                    (C) if flooring was installed, whether--
                            (i) it was low- or no-VOC (Volatile Organic 
                        Compounds) flooring;
                            (ii) it was made from sustainable 
                        materials; and
                            (iii) use of flooring described in clause 
                        (i) or (ii) was cost-effective; and
                    (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.); and
            (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.
    (b) Availability of Reports.--A local educational agency shall--
            (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; and
            (2) make the report described in subsection (a) publicly 
        available, including on the agency's website.
    (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.

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.
    (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.

SEC. 310. SPECIAL RULES.

    Notwithstanding any other provision of this Act, none of the funds 
authorized by this Act may be--
            (1) used to employ workers in violation of section 274A of 
        the Immigration and Nationality Act (8 U.S.C. 1324a); or
            (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.

            Passed the House of Representatives June 4, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.