[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3021 Reported in House (RH)]






                                                 Union Calendar No. 388
110th CONGRESS
  2d Session
                                H. R. 3021

                          [Report No. 110-623]

 To direct the Secretary of Education to make grants and low-interest 
       loans to local educational agencies for the construction, 
   modernization, or repair of public kindergarten, elementary, and 
       secondary educational facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2007

  Mr. Chandler (for himself, Mr. George Miller of California, and Mr. 
   Kildee) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

                              May 8, 2008

Additional sponsors: Mr. Yarmuth, Ms. Moore of Wisconsin, Mr. Hare, Ms. 
    Hooley, Mr. Loebsack, Mr. Andrews, Mr. Bishop of New York, Mr. 
   Courtney, Mr. Davis of Illinois, Mr. Grijalva, Mr. Hinojosa, Ms. 
Hirono, Mr. Kucinich, Ms. Linda T. Sanchez of California, Mr. Sarbanes, 
Ms. Shea-Porter, Mr. Holt, Mr. Altmire, Mrs. McCarthy of New York, Ms. 
McCollum of Minnesota, Mr. McDermott, Mr. Klein of Florida, Mr. Carson, 
Mr. Payne, Mr. Stark, Ms. Woolsey, Mrs. Davis of California, Mr. Lewis 
of Georgia, Mr. Conyers, Mr. Ross, Mr. Welch of Vermont, Mr. Braley of 
Iowa, Mr. Carney, Mr. Ellison, Mr. Johnson of Georgia, Mr. Perlmutter, 
   Mr. Sires, Ms. Sutton, Mr. Jackson of Illinois, Mr. Pallone, Mr. 
  DeFazio, Mr. Hinchey, Mr. Kind, Mrs. Capps, Ms. Solis, Mr. Lincoln 
    Davis of Tennessee, Mr. Cramer, Mr. Matheson, Mr. Melancon, Mr. 
    Salazar, Mrs. Napolitano, Ms. Herseth Sandlin, Mr. Schiff, Mr. 
Lipinski, Mr. Cuellar, Mr. Boswell, Mr. Udall of Colorado, Mr. Smith of 
Washington, Mr. Wexler, Mr. Barrow, Mr. Berry, Mr. Moore of Kansas, Mr. 
 Gordon of Tennessee, Mr. Wu, Mr. Tanner, Mr. Israel, Mr. Snyder, Mr. 
 Hill, Mr. Blumenauer, Ms. Richardson, Mr. Larson of Connecticut, Mr. 
Sestak, Mr. Scott of Virginia, Ms. DeLauro, Mr. Inslee, Mr. Jefferson, 
   Mr. Kennedy, Mr. McGovern, Mr. Baca, Ms. Clarke, Mr. Boren, Mrs. 
  Maloney of New York, Mr. McIntyre, Mr. Farr, Mr. Ryan of Ohio, Mr. 
 Cardoza, Ms. Matsui, Ms. Kilpatrick, Mr. Hall of New York, Ms. Bean, 
Mr. Rodriguez, Mr. Mollohan, Mr. Price of North Carolina, Mr. Carnahan, 
  Mr. Rahall, Mr. Emanuel, Mr. Delahunt, Mr. Gene Green of Texas, Ms. 
  Bordallo, Mr. Towns, Mrs. Christensen, Mr. Van Hollen, Mr. Davis of 
 Alabama, Mr. Hastings of Florida, Mr. Etheridge, Ms. Corrine Brown of 
   Florida, Mr. Tierney, Mr. Mitchell, Mr. Nadler, Ms. Eddie Bernice 
Johnson of Texas, Mr. Murphy of Connecticut, Mr. Moran of Virginia, Mr. 
  Serrano, Mr. Honda, Mr. Markey, Mr. Filner, Mrs. Jones of Ohio, Mr. 
 Rush, Mr. Olver, Mr. Doyle, Mr. Dingell, Mr. Thompson of Mississippi, 
     Ms. Schakowsky, Mr. Abercrombie, Mr. Pomeroy, Mr. Thompson of 
California, Mr. Engel, Ms. Loretta Sanchez of California, Ms. Lee, Mr. 
 McNerney, Mr. Cummings, Mr. Walz of Minnesota, Mr. Scott of Georgia, 
    Ms. Tsongas, Mr. Fortuno, Mr. Wynn, Ms. Wasserman Schultz, Mr. 
         Langevin, Mr. Boyd of Florida, and Mr. Wilson of Ohio

                              May 8, 2008

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               12, 2007]

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Education to make grants and low-interest 
       loans to local educational agencies for the construction, 
   modernization, or repair of public kindergarten, elementary, and 
       secondary educational 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 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. 303. Maintenance of effort.
Sec. 304. Special rule on contracting.
Sec. 305. Application of GEPA.
Sec. 306. Green Schools.
Sec. 307. Reporting.
Sec. 308. Authorization of appropriations.

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.

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

SEC. 101. PURPOSE.

    Grants under this title shall be for the purpose of modernizing, 
renovating, or repairing public kindergarten, elementary, and secondary 
educational facilities that are 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 308(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 308(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 paragraphs 
        (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.

SEC. 103. ALLOWABLE USES OF FUNDS.

    A local educational agency receiving a grant under this title may 
use the grant for modernization, renovation, or repair of public school 
facilities, including--
            (1) repairing, replacing, or installing roofs, electrical 
        wiring, plumbing systems, sewage systems, lighting systems, or 
        components of such systems, windows, or 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 and 
        safety codes, including modernizations, renovations, and 
        repairs that ensure that schools are prepared for emergencies;
            (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 abatement or removal from public school 
        facilities;
            (6) implementation of measures designed to reduce or 
        eliminate human exposure to lead-based paint hazards though 
        methods including interim controls, abatement, or a combination 
        of each;
            (7) upgrading or installing educational technology 
        infrastructure to ensure that students have access to up-to-
        date educational technology;
            (8) 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; or
                    (C) make them more energy efficient; and
            (9) required environmental remediation related to school 
        modernization, renovation, or repair described in paragraphs 
        (1) though (8).

 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 kindergarten, elementary, 
and secondary educational facilities that are safe, healthy, high-
performing, and up-to-date technologically in order to address such 
needs caused by damage resulting from Hurricane Katrina or Hurricane 
Rita.

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 308(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 may 
use the grant for any 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 
kindergarten, elementary, and secondary 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; or
            (2) stadiums or other facilities primarily used for 
        athletic contests or exhibitions or other events for which 
        admission is charged to the general public.

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, and repair of public kindergarten, 
elementary, and secondary educational facilities.

SEC. 303. MAINTENANCE OF EFFORT.

    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.

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, 
or repair 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. 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. 306. 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, or repairs that are--
            (1) LEED Green Building Rating System-certified or 
        consistent with any applicable provisions of the LEED Green 
        Building Rating System;
            (2) Energy Star-certified or consistent with any applicable 
        provisions of Energy Star; or
            (3) certified, designed, or verified under or meet any 
        applicable provisions of an equivalent program to the LEED 
        Green Building Rating System or Energy Star adopted by the 
        State or another jurisdiction with authority over the local 
        educational agency, such as the CHPS Criteria.
    (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, and repair, including those related to 
student academic achievement and student and staff health, energy 
efficiency, and environmental protection.

SEC. 307. 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;
            (2) the number of 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;
            (3) the number of 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; and
            (4) for each project--
                    (A) the cost;
                    (B) the standard described in section 306(a) with 
                which the use of the funds complied or if the use of 
                funds did not comply with a standard described in 
                section 306(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; and
                    (C) 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.).
    (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, and repair 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. 308. 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.
            Amend the title so as to read: ``A bill to direct the 
        Secretary of Education to make grants to State educational 
        agencies for the modernization, renovation, or repair of public 
        kindergarten, elementary, and secondary educational facilities, 
        and for other purposes.''.
                                                 Union Calendar No. 388

110th CONGRESS

  2d Session

                               H. R. 3021

                          [Report No. 110-623]

_______________________________________________________________________

                                 A BILL

 To direct the Secretary of Education to make grants and low-interest 
       loans to local educational agencies for the construction, 
   modernization, or repair of public kindergarten, elementary, and 
       secondary educational facilities, and for other purposes.

_______________________________________________________________________

                              May 8, 2008

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed