[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