II 

118TH CONGRESS 

1ST SESSION S. 2988 

To establish a Green New Deal for public schools. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2023 

Mr. MARKEY (for himself and Mr. SANDERS) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish a Green New Deal for public schools. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Green New Deal for 

5 Public Schools Act of 2023’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 This table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—CLIMATE CAPITAL FACILITIES GRANTS, RESOURCE 

BLOCK GRANTS, AND EDUCATIONAL EQUITY GRANTS 

Sec. 101. General provisions. 

Sec. 102. Climate capital facilities grants. 


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Sec. 103. Resource block grants. 

Sec. 104. Educational equity planning grants. 

Sec. 105. IDEA funding. 

Sec. 106. Elementary and Secondary Education funding. 

TITLE II—CLIMATE CHANGE RESILIENCY 

Sec. 201. Definitions. 

Sec. 202. Climate change resiliency program. 

Sec. 203. Grant program. 

Sec. 204. Report. 

Sec. 205. Authorization of appropriations; mandatory appropriations. 

1 SEC. 3. DEFINITIONS. 

2 Except as otherwise expressly provided, in this Act: 

3 (1) BIE TERMS.—The terms ‘‘BIE schools’’ 

4 and ‘‘schools funded by BIE’’ means— 

5 (A) schools and dormitories operated by 

6 the Bureau of Indian Education; 

7 (B) schools and dormitories operated pur8 suant to a grant under the Tribally Controlled 

9 Schools Act of 1988 (25 U.S.C. 2501 et seq.); 

10 and 

11 (C) schools and dormitories operated pur12 suant to a contract under the Indian Self-De13 termination and Education Assistance Act (25 

14 U.S.C. 5301 et seq.). 

15 (2) ESEA TERMS.—The terms ‘‘child with a 

16 disability’’, ‘‘elementary school’’, ‘‘English learner’’, 

17 ‘‘paraprofessional’’, ‘‘secondary school’’, ‘‘local edu18 cational agency’’, and ‘‘Secretary’’ have the mean19 ings given those terms in section 8101 of the EleVerDate Sep 11 2014 02:12 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2988.IS S2988

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1 mentary and Secondary Education Act of 1965 (20 

2 U.S.C. 7801). 

3 (3) CDC SVI.—The term ‘‘CDC SVI’’ means 

4 the Social Vulnerability Index of the Centers for 

5 Disease Control and Prevention, which is a com6 posite indicator that includes poverty rate and other 

7 variables and is based on the most recent data avail8 able from the American Community Survey. 

9 (4) CLIMATE JUSTICE.—The term ‘‘climate jus10 tice’’ means the fair treatment and meaningful in11 volvement of all people, regardless of race, color, cul12 ture, national origin, or income, with respect to the 

13 development, implementation, and enforcement of 

14 policies and projects to ensure that each person en15 joys the same degree of protection from the adverse 

16 effects of climate change. 

17 (5) ENVIRONMENTAL JUSTICE.—The term ‘‘en18 vironmental justice’’ means the fair treatment and 

19 meaningful involvement of all people, regardless of 

20 race, color, culture, national origin, or income, with 

21 respect to the development, implementation, and en22 forcement of environmental laws, regulations, and 

23 policies to ensure that each person enjoys— 

24 (A) the same degree of protection from en25 vironmental and health hazards; and 


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1 (B) equal access to any Federal agency ac2 tion on justice issues related to the environment 

3 in order to have a healthy environment in which 

4 to live, learn, work, and recreate. 

5 (6) NONPROFIT ORGANIZATION.—The term 

6 ‘‘nonprofit organization’’ means an organization de7 scribed in section 501(c)(3) of the Internal Revenue 

8 Code of 1986 and exempt from taxation under 

9 501(a) of that Code. 

10 (7) VULNERABILITY RANKING.—The term ‘‘vul11 nerability ranking’’ means the ranking of each public 

12 elementary school and secondary school in the 

13 United States based on the CDC SVI of the Census 

14 tract in which the school is located. 

15 TITLE I—CLIMATE CAPITAL FA16 CILITIES GRANTS, RESOURCE 

17 BLOCK GRANTS, AND EDU18 CATIONAL EQUITY GRANTS 

19 SEC. 101. GENERAL PROVISIONS. 

20 (a) CREATION OF NEW OFFICE AT THE DEPART21 MENT OF EDUCATION.—There is established in the De22 partment of Education, an Office of Sustainable Schools, 

23 which shall— 


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1 (1) administer the resource block grant pro2 gram under section 103 and the educational equity 

3 grant program under section 104; 

4 (2) in close collaboration with the Department 

5 of Energy, the White House Office of Domestic Cli6 mate Policy, the Environmental Protection Agency, 

7 and the Department of Agriculture, coordinate the 

8 activities of those grant programs with— 

9 (A) the activities of the climate capital fa10 cilities grant program under section 102, ad11 ministered by the Secretary of Energy; and 

12 (B) the activities of the climate change re13 siliency program under title II. 

14 (b) RESOURCE ALLOCATION PLAN.—Each applicant 

15 for a grant under this title shall submit with their applica16 tion a resource allocation plan, which shall include— 

17 (1) a detailed explanation of how the grant 

18 funds will be spent; and 

19 (2) a values statement document, which shall be 

20 developed after a community-engaged planning proc21 ess, with representation from educators, principals, 

22 administrators, students, parents, school boards, 

23 caregivers, Indian Tribes (where applicable), and 

24 community organizations that have documented exVerDate Sep 11 2014 02:12 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2988.IS S2988

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1 perience as local providers and partners, and which 

2 shall include— 

3 (A) an outline of the applicant’s goals to 

4 address environmental, economic, and edu5 cational equity in the projects and activities 

6 supported by the grant funds; 

7 (B) annual benchmarks to measure the ap8 plicant’s progress toward meeting those goals; 

9 (C) a plan to ensure that, to the greatest 

10 extent practicable, not less than 30 percent of 

11 all jobs funded by the grant will be— 

12 (i) filled by individuals hired through 

13 a local community-based hiring process, in 

14 a matter that contributes to the stated eq15 uity goals, especially individuals who reside 

16 in the same catchment area as students at17 tending the school in which those individ18 uals will work, or individuals who pre19 viously attended the school in which those 

20 individuals will work; or 

21 (ii) filled by individuals who reside in 

22 a zip code served by the local educational 

23 agency receiving the grant or in a neigh24 boring zip code; 


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1 (D) as applicable, a commitment to local 

2 hiring from businesses, nonprofit organizations, 

3 and cooperatives (including worker coopera4 tives) in a manner that contributes to the stat5 ed equity goals, advances the economic and so6 cial empowerment of traditionally disadvan7 taged individuals and communities (including 

8 low-income and low-wealth individuals and com9 munities), and creates opportunities for— 

10 (i) people of color; 

11 (ii) immigrants, regardless of immi12 grant status; 

13 (iii) formerly incarcerated individuals; 

14 (iv) women; 

15 (v) LGBTQIAP+ individuals; 

16 (vi) individuals with disabilities or 

17 chronic illness; 

18 (vii) young or elderly individuals; 

19 (viii) young adults exiting the foster 

20 care system; and 

21 (ix) unhoused individuals; and 

22 (E) a plan to ensure the greatest prac23 ticable number of training opportunities within 

24 schools benefitting from grant funds under this 

25 Act. 


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1 (c) DOCUMENTATION.— 

2 (1) IN GENERAL.—Each recipient of a grant 

3 under this title shall document the recipient’s 

4 progress toward meeting the resource allocation plan 

5 goals over the course of the grant period on a public 

6 digitized platform, which may be an existing public 

7 dashboard, data center, or information hub of a pub8 lic website. 

9 (2) REQUIREMENTS.—A grant recipient shall 

10 establish and maintain a public digitized platform 

11 for the purposes described in this subsection if one 

12 has not already been established on the date of the 

13 grant award. 

14 (3) ACCESSIBLE DATA.—Each recipient of a 

15 grant under this title shall ensure that data de16 scribed in this subsection and presented on the pub17 lic digitized platform is accessible to individuals in 

18 multiple languages (as applicable to the relevant 

19 community), accessible to individuals with different 

20 literacy levels, accessible to those with sensory defi21 cits, and standardized. 

22 (d) BUREAU OF INDIAN EDUCATION.— 

23 (1) IN GENERAL.—The Secretary of Education 

24 and the Secretary of Energy, as applicable, in con25 junction with the Secretary of the Interior, shall reVerDate Sep 11 2014 02:12 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2988.IS S2988

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1 serve a sufficient amount of grant funding and addi2 tional administrative expenses, for each grant pro3 gram authorized under this title, for the Bureau of 

4 Indian Education to fully carry out the applicable 

5 grant activities at all BIE schools and schools fund6 ed by BIE, which shall include providing any nec7 essary technical assistance to assist a BIE school or 

8 school funded by BIE in creating a resource alloca9 tion plan or meeting other grant requirements in col10 laboration with the applicable Indian Tribe and com11 munity members. 

12 (2) ENSURING SOVEREIGNTY AND SELF-DETER13 MINATION.—The Secretary of Education, the Sec14 retary of Energy, and the Secretary of the Interior 

15 shall ensure that the administration of funds re16 served under paragraph (1) and provision of tech17 nical assistance under paragraph (1) is carried out 

18 in accordance with principles of Indian Tribal sov19 ereignty and self-determination. 

20 SEC. 102. CLIMATE CAPITAL FACILITIES GRANTS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) HEALTHY GREEN RETROFIT.—The term 

23 ‘‘healthy green retrofit’’, with respect to a facility, 

24 means the holistic modification of the entire facility 

25 to remove health harms, eliminate greenhouse gas 


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1 emissions, and ensure a safe, accessible, and com2 fortable environment, including through measures 

3 that achieve or convert the facility to address the 

4 following goals: 

5 (A) Optimal air quality. 

6 (B) Detoxification of air, water, and mate7 rials. 

8 (C) Enhanced light quality. 

9 (D) Improved energy efficiency. 

10 (E) Improved water quality and efficiency. 

11 (F) Safe and effective wastewater treat12 ment. 

13 (G) Electrification and decarbonization. 

14 (H) Optimized energy management. 

15 (I) Distributed renewable energy. 

16 (J) Structural integrity. 

17 (K) Resilience to the impacts of climate 

18 change and natural hazards. 

19 (L) Comfort and accessibility for all users 

20 of the facility, including temperature control. 

21 (2) HEALTHY ZERO-CARBON SCHOOL.—The 

22 term ‘‘healthy zero-carbon school’’ means a public 

23 school, BIE school, or school funded by BIE— 

24 (A) with highly energy-efficient facilities 

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1 bon-free and pollution-free renewable energy to 

2 meet the total annual energy consumption of 

3 the public school, BIE school, or school funded 

4 by BIE; 

5 (B) that does not contain any asbestos, 

6 mold, fungus, lead, polychlorinated biphenyl 

7 (PCB), or other contaminant identified as high8 priority by the Office of Sustainable Schools; 

9 (C) the space heating, water heating, and 

10 lighting systems of which are all-electric; 

11 (D) the food service facilities of which use 

12 all-electric systems that include contemporary 

13 induction burners and convection stoves; 

14 (E) that has installed onsite renewable en15 ergy, including solar photovoltaic systems, bat16 teries, flywheels, compressed air systems, 

17 pumped hydroelectric systems, thermal energy 

18 storage systems, and any other technologies 

19 that provide distributed renewable energy gen20 eration, energy storage, and resilience to ex21 treme weather events, whenever conditions per22 mit; 

23 (F) that continuously provides clean air, 

24 clean water, and a comfortable learning and 


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1 working environment, including with respect to 

2 temperature; 

3 (G) that integrates natural and mechanical 

4 systems for natural daylight, views to the out5 doors, and operable windows; 

6 (H) that provides full accessibility in com7 pliance with— 

8 (i) the Americans with Disabilities Act 

9 of 1990 (42 U.S.C. 12101 et seq.); and 

10 (ii) applicable provisions of section 

11 504 of the Rehabilitation Act of 1973 (29 

12 U.S.C. 794); and 

13 (I) that is designed to promote a safe, in14 clusive, and welcoming environment for all stu15 dents and staff. 

16 (3) NATIONAL LABORATORY.—The term ‘‘Na17 tional Laboratory’’ has the meaning given the term 

18 in section 2 of the Energy Policy Act of 2005 (42 

19 U.S.C. 15801). 

20 (4) PUBLIC SCHOOL.—The term ‘‘public 

21 school’’ means— 

22 (A) a public elementary school; and 

23 (B) a public secondary school. 

24 (5) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Energy, acting through the AssistVerDate Sep 11 2014 02:12 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2988.IS S2988

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1 ant Secretary for Energy Efficiency and Renewable 

2 Energy. 

3 (b) ESTABLISHMENT.—Not later than 180 days after 

4 the date of enactment of this Act, the Secretary shall es5 tablish program under which the Secretary shall provide 

6 grants to eligible entities described in subsection (d)(1)— 

7 (1) to conduct healthy green retrofits at facili8 ties of the eligible entities to convert existing public 

9 schools, BIE schools, or schools funded by BIE into 

10 healthy zero-carbon schools; and 

11 (2) to construct new, healthy zero-carbon 

12 schools, subject to the condition that each new, 

13 healthy zero-carbon school so constructed shall be lo14 cated not less than 2,500 feet from any oil or gas 

15 wells in the vicinity of the healthy zero-carbon 

16 school. 

17 (c) APPLICATION.— 

18 (1) IN GENERAL.—An eligible entity desiring a 

19 grant under subsection (b) shall submit an applica20 tion to the Secretary at such time, in such manner, 

21 and containing such information as the Secretary 

22 may reasonably require. 

23 (2) TECHNICAL ASSISTANCE.—On request of an 

24 eligible entity applying for a grant under this sec25 tion, the Secretary shall provide to the eligible entity 


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1 technical assistance to develop the resource alloca2 tion plan required under section 101(b). 

3 (3) APPROVAL.—The Secretary shall approve 

4 each application that meets the requirements of this 

5 section. In the case of an application that does not 

6 meet such requirements, the Secretary shall consult 

7 with the eligible entity and shall provide technical 

8 assistance, as necessary, to ensure that the eligible 

9 entity meets such requirements. 

10 (d) DESCRIPTION OF ELIGIBLE ENTITIES.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 any of the following shall be eligible to receive a 

13 grant under this section: 

14 (A) A public school. 

15 (B) A local educational agency, on behalf 

16 of 1 or more public schools. 

17 (C) A BIE school. 

18 (D) A school funded by BIE. 

19 (2) LIMITATION.—During the 4-year period be20 ginning on the date of establishment of the grant 

21 program under subsection (b), only an eligible entity 

22 described in paragraph (1) that is a public school 

23 ranked as one of the 1/3 most vulnerable schools in 

24 the United States, based on the vulnerability rank25 ing, a local educational agency applying on behalf of 


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1 such a school, or any BIE school or school funded 

2 by BIE, shall be eligible to receive a grant under 

3 this section. 

4 (e) ALLOCATION OF GRANT FUNDS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 the Secretary shall provide to each eligible entity 

7 that submits an application approved by the Sec8 retary under subsection (c)(3) a grant in accordance 

9 with this section. 

10 (2) ALLOCATION.— 

11 (A) IN GENERAL.—The Secretary shall al12 locate grant funds to eligible entities described 

13 in paragraph (1) in accordance with the for14 mula established under paragraph (3), subject 

15 to the conditions described in subparagraph 

16 (B). 

17 (B) CONDITIONS FOR HEALTHY GREEN

18 RETROFIT PROJECTS.—In allocating grant 

19 funding to carry out projects described in sub20 section (b)(1), the Secretary shall make alloca21 tions as follows: 

22 (i) The amount of a grant provided 

23 under this section to an eligible entity that 

24 uses such amount to serve a public school 

25 ranked as one of the 1/3 most vulnerable 


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1 schools in the United States, based on the 

2 vulnerability ranking, a local educational 

3 agency applying on behalf of such a school, 

4 or any BIE school or school funded by 

5 BIE, shall be sufficient to cover 100 per6 cent of cost of carrying out a project de7 scribed in subsection (b)(1). 

8 (ii) The amount of a grant provided 

9 under this section to an eligible entity that 

10 uses such amount to serve a public school 

11 ranked as one of middle 1/3 of schools in 

12 the United States, based on the vulner13 ability ranking, or a local educational 

14 agency applying on behalf of such a school, 

shall be sufficient to cover 2 15 ⁄3 of the cost 

16 of carrying out a project described in sub17 section (b)(1). 

18 (iii) The amount of a grant provided 

19 under this section to an eligible entity that 

20 uses such amount to serve a public school 

21 ranked as one of the 1/3 least vulnerable 

22 schools in the United States, based on the 

23 vulnerability ranking, or a local edu24 cational agency applying on behalf of such 

a school, shall be sufficient to cover 1 25 ⁄3 of 


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1 the cost of carrying out a project described 

2 in subsection (b)(1). 

3 (C) LOANS.— 

4 (i) IN GENERAL.—An eligible entity 

5 described in clause (ii) or (iii) of subpara6 graph (B) may submit to the Secretary an 

7 application for a no-interest or low-interest 

8 loan to cover any remaining costs of car9 rying out a project described in subsection 

10 (b)(1). 

11 (ii) LIMITATION.—The total amount 

12 of loans provided by the Secretary under 

13 clause (i) shall be not more than 

14 $446,000,000,000. 

15 (3) FUNDING FORMULA.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary shall establish a for18 mula for purposes of paragraph (2), based on 

19 the results of the initial audit conducted under 

20 subsection (h)(1)(A). 

21 (B) REVISIONS.—After each subsequent 

22 audit is conducted under subsection (h)(1)(B), 

23 the Secretary shall revise the formula estab24 lished under subparagraph (A), based on the re25 sults of that audit. 


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1 (f) USE OF GRANT FUNDS.— 

2 (1) IN GENERAL.—A recipient of a grant under 

3 this section shall use the grant— 

4 (A) to conduct healthy green retrofits to 

5 convert 1 or more facilities to a healthy zero6 carbon school as soon as practicable after re7 ceiving the grant funds; or 

8 (B) to construct a new, healthy zero-car9 bon school. 

10 (2) ACTIVITIES TO SUPPORT SCHOOL SAFETY, 

11 SECURITY, AND A WELCOMING SCHOOL ENVIRON12 MENT.— 

13 (A) IN GENERAL.—In carrying out activi14 ties to comply with paragraph (1), a grant re15 cipient shall— 

16 (i) consider and seek to incorporate, 

17 to the greatest extent practicable, design 

18 and construction strategies to promote 

19 safety and security, support accessibility, 

20 prevent violence, promote a sense of be21 longing, improve student mental health 

22 and physical well-being, and foster a posi23 tive, inclusive, and welcoming school cul24 ture and environment, including through 


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1 evidence-based, trauma-informed physical 

2 updates, such as— 

3 (I) access control measures; 

4 (II) internal door locks; 

5 (III) appropriate lighting, includ6 ing natural daylight; 

7 (IV) noise, temperature, and odor 

8 control; 

9 (V) spaces for storytelling, col10 laboration, connection, play, and 

11 movement; 

12 (VI) student-curated displays; 

13 (VII) clear wayfinding; 

14 (VIII) design principles to facili15 tate high-quality emergency response 

16 or planning; and 

17 (IX) other design and construc18 tion measures; and 

19 (ii) engage students, parents, edu20 cators, and school staff early in the design 

21 process. 

22 (B) LIMITATION.—A grant recipient may 

23 not use grant funds under this section— 

24 (i) for measures that subject students 

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1 forcement, unduly surveil students, or oth2 erwise detract from a positive, inclusive, 

3 and welcoming school culture and environ4 ment; and 

5 (ii) for measures that would reduce 

6 the accessibility of the school environment 

7 for children with disabilities. 

8 (3) ADDITIONAL AUTHORIZED USES.—After 

9 complying with paragraph (1), a recipient of a grant 

10 under this section may use the grant to pursue other 

11 projects, consistent with the goals of a healthy green 

12 retrofit, and in doing so, is encouraged to install 

13 green rooftops that reduce stormwater runoff and 

14 maximize urban island heat effect reduction benefits. 

15 Such rooftops shall meet the minimum performance 

16 standard specified within the Living Architecture 

17 Performance Tool (LAPT) rating system, and shall 

18 be implemented or completed in consultation with at 

19 least one Green Roof Professional (GRP) as accred20 ited by the Green Roof Industry Association. 

21 (4) SOLAR PV SYSTEMS.—A recipient of a grant 

22 under this section is encouraged to use the grant to 

23 purchase and install 1 or more solar photovoltaic 

24 systems to maximize returns, rather than leasing 

25 roof space to other individuals or entities. 


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1 (5) EFFICIENCY STANDARDS.—In carrying out 

2 a project using a grant provided under this section, 

3 an eligible entity shall carry out reasonable measures 

4 to meet the following energy efficiency standards, as 

5 applicable: 

6 (A) For a new construction project, design 

7 and operate the applicable facility— 

8 (i) to achieve— 

9 (I) a site energy use intensity 

10 equal to or less than 25 kBtu/sf/year; 

11 or 

12 (II) an Energy Star score of 90; 

13 and 

14 (ii) to offset not less than 30 percent 

15 of energy consumption with onsite renew16 able energy. 

17 (B) For a project to modify an existing fa18 cility, design and operate the facility— 

19 (i) to achieve— 

20 (I) a site energy use intensity 

21 equal to or less than 35 kBtu/sf/year; 

22 or 

23 (II) an Energy Star score of 70; 

24 and 


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1 (ii) to offset not less than 20 percent 

2 of energy consumption with onsite renew3 able energy. 

4 (6) ADDITIONAL STANDARDS.—In carrying out 

5 a project using a grant provided under this section, 

6 an eligible entity shall adhere to the applicable guid7 ance contained in— 

8 (A) the design guide of the American Soci9 ety of Heating, Refrigeration and Air-Condi10 tioning Engineers (ASHRAE) entitled ‘‘Achiev11 ing Zero Energy—Advanced Energy Design 

12 Guide for K-12 School Buildings’’; and 

13 (B) the document of the National Renew14 able Energy Laboratory entitled ‘‘A Guide to 

15 Zero Energy and Zero Energy Ready K-12 

16 Schools’’. 

17 (g) MEASUREMENTS AND ASSESSMENTS.— 

18 (1) IN GENERAL.—On conclusion of a healthy 

19 green retrofit or construction project funded by a 

20 grant under this section, the applicable eligible enti21 ty shall submit to the Secretary a measurement and 

22 assessment of the energy performance of each facil23 ity affected by the project, as determined— 

24 (A) before and after the project; and 


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1 (B) based on standards agreed to by the 

2 eligible entity and the Secretary. 

3 (2) PUBLICATION.—The Secretary shall make 

4 all data submitted under paragraph (1) relating to 

5 performance changes publicly available to enable 

6 subsequent healthy green retrofit project sponsors to 

7 learn from, and improve on, the processes and tech8 nologies used. 

9 (h) COMPREHENSIVE AUDITS OF HEALTHY GREEN

10 RETROFIT NEEDS.— 

11 (1) AUDITS.— 

12 (A) INITIAL AUDIT.—Not later than 180 

13 days after the date on which the Office of Sus14 tainable Schools is established under section 

15 101(a), the Secretary, working jointly with the 

16 head of the Office of Sustainable Schools, shall 

17 complete an audit of a representative sample of 

18 public schools, BIE schools, and schools funded 

19 by BIE across the United States to identify 

20 healthy green retrofit needs. 

21 (B) SUBSEQUENT AUDITS.—After the ini22 tial audit is completed under subparagraph (A), 

23 the Secretary, working jointly with the head of 

24 the Office of Sustainable Schools, periodically 

25 shall complete an audit of all public schools, 


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1 BIE schools, and schools funded by BIE across 

2 the United States to identify healthy green ret3 rofit needs. 

4 (2) REQUIREMENT.—Each audit under para5 graph (1) shall take into account— 

6 (A) local climatic conditions; 

7 (B) regional variation; 

8 (C) the high capital needs of public schools 

9 served by local educational agencies that enroll 

10 a high percentage of low-income children, BIE 

11 schools, and schools funded by BIE; 

12 (D) regional labor costs and labor markets; 

13 and 

14 (E) other necessary criteria, as determined 

15 by the Secretary. 

16 (i) CONSULTATIONS.—In administering the grant 

17 program established under subsection (b) and conducting 

18 each audit under subsection (h)(1), the Secretary shall col19 laborate closely with, and seek technical assistance from— 

20 (1) the National Laboratories, particularly the 

21 National Renewable Energy Laboratory; 

22 (2) the Environmental Protection Agency; and 

23 (3) other Federal departments and agencies, as 

24 the Secretary determines to be necessary. 


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1 (j) DESIGN GUIDE.—The Secretary shall encourage 

2 the National Renewable Energy Laboratory to develop a 

3 new design guide for schools that takes into account best 

4 practices and lessons learned from the implementation of 

5 the grant program established under subsection (b). 

6 (k) LABOR STANDARDS.— 

7 (1) LABOR AND BUY AMERICAN PROVISIONS.— 

8 (A) IN GENERAL.—Each contractor or 

9 subcontractor for a project funded by a grant 

10 under this section shall carry out the following: 

11 (i) Ensure that the materials used by 

12 the contractor or subcontractor are sub13 stantially manufactured, mined, and pro14 duced in the United States in accordance 

15 with chapter 83 of title 41, United States 

16 Code (commonly known as the ‘‘Buy 

17 American Act’’). 

18 (ii) Ensure that all laborers and me19 chanics employed by the contractor or sub20 contractor in the performance of construc21 tion, alteration, repair, or maintenance 

22 work financed in whole or in part with as23 sistance under this section shall be paid 

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1 ity, as determined by the Secretary of 

2 Labor, in accordance with subchapter IV 

3 of chapter 31 of title 40, United States 

4 Code (commonly known as the ‘‘Davis5 Bacon Act’’). With respect to the labor 

6 standards in this clause, the Secretary of 

7 Labor shall have the authority and func8 tions set forth in Reorganization Plan 

9 Numbered 14 of 1950 (64 Stat. 1267; 5 

10 U.S.C. App.) and section 3145 of title 40, 

11 United States Code. 

12 (iii) With respect to a project or set of 

13 projects located in the same local edu14 cational agency costing not less than 

15 $25,000,000, consent to a project labor 

16 agreement. 

17 (iv) Not hire employees through a 

18 temporary staffing agency unless the rel19 evant State workforce agency certifies that 

20 temporary employees are necessary to ad21 dress an acute, short-term labor demand. 

22 (v) Have an explicit neutrality policy 

23 on any issue involving the organization of 

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1 contractors, for purposes of collective bar2 gaining. 

3 (vi) For each project related to a 

4 healthy green retrofit or new construction 

5 of a school, demonstrate an ability to use 

6 and to commit to use individuals enrolled 

7 in a registered apprenticeship program who 

8 shall, to the greatest extent practicable, 

9 constitute not less than 20 percent of the 

10 individuals working on the project. 

11 (vii) To the greatest extent prac12 ticable, provide preferential treatment in 

13 hiring laborers and mechanics that are— 

14 (I) hired from within 50 miles of 

15 their official residence; 

16 (II) veterans or active or retired 

17 military; 

18 (III) highly skilled union work19 ers; or 

20 (IV) returning citizens who were 

21 formerly incarcerated individuals. 

22 (viii) Not require mandatory arbitra23 tion for any dispute involving a worker en24 gaged in a service for the contractor or 

25 subcontractor. 


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1 (ix) Consider an individual performing 

2 any service under the grant as an em3 ployee, and not an independent contractor, 

4 of the contractor or subcontractor, respec5 tively, unless— 

6 (I) the individual is free from 

7 control and direction in connection 

8 with the performance of the service, 

9 both under the contract for the per10 formance of the service and in fact; 

11 (II) the service is performed out12 side the usual course of the business 

13 of the contractor or subcontractor, re14 spectively; and 

15 (III) the individual is customarily 

16 engaged in an independently estab17 lished trade, occupation, profession, or 

18 business of the same nature as that 

19 involved in such service. 

20 (B) ACTION TO ENFORCE INDEPENDENT

21 CONTRACTOR REQUIREMENT.—A third party, 

22 including a State or local government, may 

23 bring an action in any court of competent juris24 diction to enforce the requirements of subpara25 graph (A)(ix). 


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1 (2) PRE-APPRENTICESHIP.—To the greatest ex2 tent practicable, in carrying out a project funded by 

3 a grant under this section, grant recipients shall give 

4 preference to contractors or subcontractors that par5 ticipate in pre-apprenticeship programs that have 

6 written agreements with one or more registered ap7 prenticeship programs. 

8 (l) AUTHORIZATION OF APPROPRIATIONS; MANDA9 TORY APPROPRIATIONS.—Out of funds in the Treasury 

10 not otherwise appropriated, there are authorized to be ap11 propriated, and there are appropriated to carry out this 

12 section for the 10-fiscal-year period following the date of 

13 enactment of this Act — 

14 (1) $446,000,000,000 to the Secretary to carry 

15 out grants authorized under subsection (b); and 

16 (2) such sums as are necessary to the Secretary 

17 for administrative expenses and the provision of 

18 technical assistance in carrying out this section. 

19 SEC. 103. RESOURCE BLOCK GRANTS. 

20 (a) PROGRAM ESTABLISHED.— 

21 (1) IN GENERAL.—The Secretary shall award a 

22 grant to each qualified local educational agency with 

23 an approved application to enable the qualified local 

24 educational agency to bring additional eligible edu25 cators and support staff into elementary schools and 


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1 secondary schools and establish community partner2 ships, and carry out other activities described in this 

3 section, with the goals of— 

4 (A) expanding social service programming; 

5 (B) developing locally designed and rooted 

6 educational programs; 

7 (C) developing and implementing trauma8 informed violence prevention strategies; 

9 (D) promoting safe, secure, and welcoming 

10 school and community environments; 

11 (E) strengthening the educator pipeline; 

12 (F) diversifying the workforce; 

13 (G) better integrating knowledge of the 

14 local community into schools; and 

15 (H) providing support, training, and career 

16 pathways for paraprofessionals. 

17 (2) CONSULTATION AND INTEGRATION.— 

18 (A) CONSULTATION BY THE SECRETARY.— 

19 The Secretary shall consult with States and In20 dian Tribes, as appropriate, in administering 

21 the grant program under this section. During 

22 such consultation, the Secretary shall strongly 

23 encourage the States to integrate the locally de24 signed and rooted educational programs, devel25 oped under paragraph (1) (as applicable), into 


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1 State educational plans and activities, and to 

2 support, replicate, and disseminate such edu3 cational programs, as appropriate. 

4 (B) CONSULTATION BY LEAS.—A local 

5 educational agency that receives a grant under 

6 this section shall consult with the Secretary, the 

7 State educational agency, and Indian Tribes (as 

8 applicable) in implementing such grant. 

9 (3) ADDITIONAL LOCAL EDUCATIONAL AGEN10 CIES.—Notwithstanding paragraph (1), if funding 

11 under this section remains after the Secretary has 

12 awarded grants to each qualified local educational 

13 agency that submits an application under this sec14 tion, in amounts that are sufficient to meet the 

15 needs of those agencies, the Secretary shall award 

16 grants under this section to other local educational 

17 agencies that are not qualified local educational 

18 agencies, in accordance with the priority require19 ments described in subsection (b)(3). 

20 (b) APPLICATION.— 

21 (1) IN GENERAL.—A local educational agency 

22 desiring a grant under this section shall submit an 

23 application to the Secretary, at such time, in such 

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1 retary may reasonably require, which shall include 

2 the following: 

3 (A) The resource allocation plan described 

4 in section 101. 

5 (B) A description of the local educational 

6 agency’s plan to attempt to hire eligible edu7 cators and support staff who, in accordance 

8 with section 101(b)(2)(C)— 

9 (i) reside in the same catchment area 

10 as students attending the school in which 

11 those eligible educators and support staff 

12 will work, or who previously attended the 

13 school in which the educators and staff will 

14 work; or 

15 (ii) reside in the same zip code, or a 

16 neighboring zip code, as the school in 

17 which the educators and staff will work. 

18 (C) An assurance that after the 10-year 

19 period during which grant funds will pay for 

20 the eligible educator and support staff positions 

21 described in this section, the local educational 

22 agency will— 

23 (i) retain those positions, and a de24 scription of the local educational agency’s 


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1 plan to fund those positions after such pe2 riod; and 

3 (ii) attempt to maintain and continue 

4 to fund community partnerships supported 

5 by such grant, to the extent that the other 

6 entities in those partnerships desire to con7 tinue the activities supported with grant 

8 funds. 

9 (D) A description of the local educational 

10 agency’s plan to— 

11 (i) aim to meet target student-to-staff 

12 ratios of 12:1 for students in kindergarten 

13 through grade 8, and 15:1 for students in 

14 grades 9 through 12 (where staff is de15 fined broadly to refer to any adult profes16 sional employed in the school whose work 

17 directly relates to education, including the 

18 eligible educators and support staff de19 scribed in this section); 

20 (ii) aim to place a lead teacher and 

21 paraprofessional in all prekindergarten 

22 through grade 3 classes; 

23 (iii) aim to hire at least 1 full-time 

24 equivalent school psychologist for every 

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1 lent school counselor for every 250 stu2 dents, and at least 1 full-time equivalent 

3 school social worker for every 250 students 

4 served by the agency; and 

5 (iv) where applicable, aim to shift spe6 cial educators from a caseload model to a 

7 workload analysis model to ensure suffi8 cient capacity and time to support stu9 dents. 

10 (E) A description of the local educational 

11 agency’s plan— 

12 (i) to progress toward ending the 

13 school-to-prison pipeline and zero tolerance 

14 discipline, including by reducing suspen15 sions, expulsions, and referrals to law en16 forcement; 

17 (ii) for progressing toward reallo18 cating resources spent on punishment to 

19 restorative justice practices; and 

20 (iii) to progress toward ending the use 

21 of seclusion, restraint, and corporal pun22 ishment. 

23 (2) APPROVAL.— 


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1 (A) IN GENERAL.—The Secretary shall ap2 prove each application that meets the require3 ments of this section. 

4 (B) CONSULTATION AND TECHNICAL AS5 SISTANCE.—In the case of an application that 

6 does not meet the requirements of this section, 

7 the Secretary shall— 

8 (i) consult with the local educational 

9 agency and shall provide technical assist10 ance, as necessary, to ensure that the local 

11 educational agency meets such require12 ments; and 

13 (ii) review and approve revised appli14 cations that meet such requirements. 

15 (3) PRIORITY.—If the Secretary awards grants 

16 under this section to local educational agencies that 

17 are not qualified local educational agencies, in ac18 cordance with subsection (a)(3), the Secretary shall 

19 give priority to local educational agencies that meet 

20 one of the following criteria: 

21 (A) Serving a percentage that is higher 

22 than the State median of students who are 

23 counted under section 1113(a)(5)(A) of the Ele24 mentary and Secondary Education Act of 1965 

25 (20 U.S.C. 6313(a)(5)(A)). 


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1 (B) Serving a percentage that is higher 

2 than the State median of students who are chil3 dren with a disability. 

4 (C) Serving a percentage that is higher 

5 than the State median of students who are 

6 English learners. 

7 (D) Serving schools that have a per-pupil 

8 expenditure that is lower than the State median 

9 per-pupil expenditure. 

10 (c) QUALIFIED LOCAL EDUCATIONAL AGENCY.—In 

11 this section, the term ‘‘qualified local educational agency’’ 

12 means— 

13 (1) a local educational agency that serves one 

14 or more schools that are ranked as one of the 1/3 

15 most vulnerable schools in the United States, based 

16 on the vulnerability ranking; 

17 (2) a local educational agency that serves ele18 mentary schools or secondary schools that are in the 

bottom 1 19 ⁄3 of all schools in the State when ranked 

20 by student-to-staff ratios from lowest to highest ra21 tios based on the most recent data from the Na22 tional Center for Education Statistics; or 

23 (3) a BIE school or school funded by BIE. 

24 (d) USES OF FUNDS.— 


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1 (1) SUPPORT FOR ELIGIBLE EDUCATORS AND

2 SUPPORT STAFF.— 

3 (A) IN GENERAL.—A local educational 

4 agency receiving a grant under this section 

5 shall use not less than 80 percent of grant 

6 funds— 

7 (i) to hire, on a full-time basis, and 

8 pay the salaries of eligible educators and 

9 support staff described in subparagraph 

10 (B) for a period of 10 years; 

11 (ii) to increase the salaries of para12 professionals and promote paraprofes13 sionals who meet the requirements for pro14 motion; and 

15 (iii) to provide or facilitate access for 

16 paraprofessionals to affordable training by 

17 establishing partnerships with community 

18 colleges and local institutions of higher 

19 education, establishing tuition reimburse20 ment programs, or offering similar initia21 tives for training. 

22 (B) ELIGIBLE EDUCATORS AND SUPPORT

23 STAFF.—The eligible educators and support 

24 staff described in this subparagraph are— 

25 (i) paraprofessionals; 


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1 (ii) mental health professionals, in2 cluding psychologists, therapists, and social 

3 workers; 

4 (iii) school counselors; 

5 (iv) librarians; 

6 (v) nurses; 

7 (vi) restorative justice specialists; 

8 (vii) community school site coordina9 tors; 

10 (viii) teachers, including special edu11 cation teachers; 

12 (ix) coordinators for culturally respon13 sive education; 

14 (x) facilities and food service workers; 

15 (xi) learning specialists, including 

16 mathematics and reading specialists; 

17 (xii) English as a Second Language 

18 instructors; 

19 (xiii) Native language and cultural 

20 specialists; and 

21 (xiv) staff to support other social serv22 ices programming. 

23 (2) COMMUNITY PARTNERSHIPS, EDUCATIONAL

24 PROGRAMMING, AND SOCIAL SERVICE PROGRAM25 MING.— 


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1 (A) IN GENERAL.—In addition to carrying 

2 out the activities described in paragraph (1), a 

3 local educational agency receiving a grant under 

4 this section shall use not less than 2.5 percent 

5 and not more than 20 percent of such funds for 

6 community partnerships, educational program7 ming, social service programming, and violence 

8 prevention and school safety initiatives, which 

9 shall include one or more of the following: 

10 (i) Development of place-based and 

11 experiential education and community-driv12 en educational programs, with a focus on 

13 educational programs that affirm and ex14 plore the underlying principles of the 

15 Green New Deal, including the significance 

16 of and the connections between racial, eco17 nomic, and environmental and climate jus18 tice, and that are responsive to the impacts 

19 of climate change and socioeconomic injus20 tice on youth mental health. 

21 (ii) Programs and spaces that engage 

22 students in hands-on, project-based learn23 ing across science, technology, engineering, 

24 arts, and mathematics instruction, as well 

25 as humanities instruction, in the scientific, 


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1 technical, design, and social aspects of 

2 healthy green retrofits funded by the cli3 mate capital facilities grants under section 

4 102, as well as of any other uses of those 

5 grants. 

6 (iii) Spaces and programming to ad7 vance vocational and career and technical 

8 education, including project-based learning 

9 opportunities and advancing such edu10 cation in partnership with career and tech11 nical education schools, community col12 leges, local institutions of higher education, 

13 community organizations, and pre-appren14 ticeship programs, to prepare students for 

15 a wide range of careers related to address16 ing climate change. 

17 (iv) Programming to support extra18 curricular, co-curricular, and community19 based activities such as arts, music, recre20 ation, organized sports, honor societies, 4- 

21 H clubs, foreign and Native languages, col22 lege access centers, civic engagement clubs 

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1 school and summer education program2 ming. 

3 (v) Creating or supporting a school4 based youth peer support program. 

5 (vi) Other partnerships with local 

6 community organizations and social service 

7 providers to expand the scale and scope of 

8 on-site services in support of the resource 

9 allocation plan for the grant. 

10 (vii) Training and professional devel11 opment to advance trauma-informed, heal12 ing-centered learning models and practices, 

13 centering on the whole child and the child’s 

14 cognitive, emotional, and social needs, in15 clusive of culturally responsive pedagogy. 

16 (viii) Providing funding to establish or 

17 improve libraries, child care centers, health 

18 offices, mental health and wellness centers, 

19 cafeteria and dining spaces, gymnasiums, 

20 studios and art spaces, outdoor green 

21 spaces, or job resource centers in the 

22 schools that are served by the local edu23 cational agency, which shall be operated by 

24 the local educational agency or the local 


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1 educational agency in partnership with a 

2 nonprofit organization. 

3 (ix) Website development and other 

4 communications to share and exchange 

5 knowledge and best practices. 

6 (x) Wellness, stress management, and 

7 mindfulness training. 

8 (xi) Anti-racist and anti-hate edu9 cational programming. 

10 (xii) Training for and implementation 

11 of restorative justice practices, including 

12 peer mediation, restorative conferences, 

13 counseling, and peace circles for students 

14 as well as anti-bullying initiatives. 

15 (xiii) Developing and implementing 

16 evidence-based practices to support school 

17 safety that do not rely on the criminal jus18 tice system. 

19 (xiv) Developing and implementing 

20 evidence-based, inclusive, and trauma-in21 formed practices to prevent violence and 

22 improve school climate and culture, includ23 ing schoolwide positive behavioral interven24 tions and supports, restorative justice pro25 grams and interventions, social and emoVerDate Sep 11 2014 02:12 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2988.IS S2988

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1 tional learning programs, community-inte2 grated violence prevention programming, 

3 and programs to ensure students have ac4 cess to one-on-one relationships with men5 tors or other caring adults. 

6 (xv) Improving school capacity to 

7 identify, refer, and provide services to stu8 dents and families in need of trauma sup9 port services or other social services, in10 cluding with the appropriate technology 

11 and spaces to do so. 

12 (xvi) Technical assistance, including 

13 contract templates, local data clearing14 houses for best practices, and temporary 

15 staff to support finding and building initial 

16 partnerships to build the capacity to de17 velop and sustain local partnerships with 

18 other knowledge centers in the community. 

19 (xvii) Increased parent and student 

20 engagement in learning. 

21 (xviii) Increased availability of trans22 lation to create accessible learning environ23 ments for English learners. 

24 (3) REQUIREMENT.—A local educational agency 

25 receiving a grant under this section shall ensure that 


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1 if such agency contracts with a third-party to carry 

2 out activities under this subsection, such third3 party— 

4 (A) is located in the same catchment area 

5 as students attending the school in which they 

6 will work, or previously attended the school in 

7 which they will work; or 

8 (B) is located in a zip code served by the 

9 local educational agency receiving the grant or 

10 in a neighboring zip code. 

11 (4) PROHIBITIONS ON USE OF FUNDS.—A local 

12 educational agency receiving a grant under this sec13 tion may not use grant funds for any of the fol14 lowing: 

15 (A) For measures that subject students to 

16 potential penalties imposed by law enforcement, 

17 unduly surveil students, or otherwise detract 

18 from a positive, inclusive, and welcoming school 

19 culture and environment. 

20 (B) For measures that would reduce the 

21 accessibility of the school environment for stu22 dents with disabilities. 

23 (e) WAGE AND LABOR ORGANIZATION REQUIRE24 MENTS.—Each local educational agency that receives 

25 funds through a grant under this section shall— 


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1 (1) ensure that eligible educators and support 

2 staff hired with the grant funds are paid wages in 

3 accordance with prevailing rates in the locality or 

4 any applicable collective bargaining agreement, and 

5 on a pathway with regular increases in pay; 

6 (2) ensure that such educators and staff are 

7 considered to be part of any existing (as of the date 

8 of the hiring) applicable bargaining unit of a labor 

9 organization and not considered to be executive em10 ployees or employees in other positions exempt from 

11 the Fair Labor Standards Act of 1938 (29 U.S.C. 

12 201 et seq.); and 

13 (3) if the local educational agency does not have 

14 such a bargaining unit, have an explicit neutrality 

15 policy, which covers such educators and staff, on any 

16 issue involving the organization of employees for 

17 purposes of collective bargaining. 

18 (f) AUTHORIZATION OF APPROPRIATIONS; MANDA19 TORY APPROPRIATIONS.—Out of funds in the Treasury 

20 not otherwise appropriated, there are authorized to be ap21 propriated, and there are appropriated for the 10-fiscal22 year period following the date of enactment of this Act 

23 — 

24 (1) $250,000,000,000 to the Secretary to pro25 vide grants under this section; and 


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1 (2) sums as are necessary to the Secretary for 

2 the administrative expenses and provision of tech3 nical assistance in carrying out this section. 

4 SEC. 104. EDUCATIONAL EQUITY PLANNING GRANTS. 

5 (a) PROGRAM ESTABLISHED.— 

6 (1) IN GENERAL.—The Secretary shall facilitate 

7 an inclusive, regional equity planning process and 

8 award grants to eligible consortia to eliminate intra9 region education inequities by providing Federal 

10 funds to assist the eligible consortia in planning and 

11 carrying out regional education equity plans, in ac12 cordance with this section. 

13 (2) PLANNING GRANT.—The Secretary shall 

14 award a planning grant under this section, for a pe15 riod of not longer than 1 year, to each eligible con16 sortium with an approved application to enable the 

17 eligible consortium to develop a regional education 

18 equity plan. 

19 (3) IMPLEMENTATION GRANT.—The Secretary 

20 shall award an implementation grant under this sec21 tion to each eligible consortium with an approved re22 gional education equity plan to enable the consor23 tium to carry out activities to implement such plan. 

24 (b) ELIGIBLE CONSORTIUM.—In this section, the 

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1 cational agencies that are located within the same metro2 politan or micropolitan statistical area and that have 

3 formed a regional consortium. 

4 (c) PROVISION OF DATA.—The Secretary, the Sec5 retary of Housing and Urban Development, the Adminis6 trator of the Environmental Protection Agency, and the 

7 Secretary of Transportation shall provide each eligible 

8 consortium that receives a planning grant under this sec9 tion with data relevant to that particular eligible consor10 tium about demographic trends, the spatial distribution of 

11 poverty, environmental hazards, and access to education, 

12 transportation, and economic opportunities across the con13 sortium’s region, to assist the eligible consortium in devel14 oping the regional education equity plan. 

15 (d) COMMUNITY OUTREACH.—Each eligible consor16 tium that receives a planning grant shall engage in exten17 sive community outreach to solicit comments from diverse 

18 stakeholders on issues related to education equity in the 

19 region of the consortium, as part of the process of devel20 oping the regional education equity plan. 

21 (e) REGIONAL EDUCATION EQUITY PLAN.— 

22 (1) IN GENERAL.—Upon receipt of the data de23 scribed in subsection (c) and completion of the out24 reach described in subsection (d), each eligible con25 sortium that receives a planning grant under this 


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1 section shall use such data and the results of such 

2 outreach to develop a 5-year regional education eq3 uity plan. The regional education equity plan shall— 

4 (A) identify racial, class, gender, and dis5 ability-related inequities in education access 

6 within the region at the time of the plan’s de7 velopment; 

8 (B) identify the historic causes of those in9 equities; and 

10 (C) describe activities to redress those in11 equities. 

12 (2) EQUITY ASSESSMENT TOOL.—The Secretary 

13 shall provide each eligible consortium receiving a 

14 planning grant under this section with an equity as15 sessment tool, which shall be a structured list of 

16 questions to guide the consortium in the develop17 ment of the regional education equity plan. The 

18 structured list of questions shall be developed in con19 sultation with representatives of impacted commu20 nities and education equity groups in a manner that 

21 aligns and is consistent with the principles entitled 

22 ‘‘Jemez Principles for Democratic Organizing’’ and 

23 dated December 1996. 

24 (f) APPLICATION; EQUITY PLAN.— 


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1 (1) APPLICATION.—Each eligible consortium 

2 desiring a planning grant under this section shall 

3 submit an application to the Secretary, at such time, 

4 in such manner, and containing such information as 

5 the Secretary may reasonably require. 

6 (2) EQUITY PLAN.—Each eligible consortium 

7 desiring an implementation grant under this section 

8 shall submit a regional education equity plan to the 

9 Secretary, at such time, in such manner, and con10 taining such information as the Secretary may rea11 sonably require, which shall include, at a minimum, 

12 the information described in subsection (e). If the 

13 Secretary does not approve the plan, the Secretary 

14 shall work with the eligible consortium and provide 

15 technical assistance to assist the eligible consortium 

16 in revising the regional education equity plan until 

17 the Secretary determines that such plan will be ap18 proved. 

19 (g) USE OF FUNDS FOR IMPLEMENTATION.—An eli20 gible consortium receiving an implementation grant under 

21 this section shall— 

22 (1) distribute such grant funds to elementary 

23 schools and secondary schools that are served by 

24 local educational agencies in the eligible consortium 


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1 in accordance with the regional education equity 

2 plan; and 

3 (2) may use grant funds for resource sharing 

4 and the centralization of administration, planning, 

5 and procurement among the local educational agen6 cies in the consortium, with the aim of ensuring an 

7 equitable distribution of funding and staffing and 

8 equitable access to high-quality educational opportu9 nities for students, including students who are chil10 dren with disabilities and low-income students. 

11 (h) ACCOUNTABILITY.—An eligible consortium that 

12 receives an implementation grant under this section shall 

13 post on a publicly available website data about annual 

14 benchmarks that are achieved during the 5-year grant pe15 riod. 

16 (i) AUTHORIZATION OF APPROPRIATIONS; MANDA17 TORY APPROPRIATIONS.—Out of funds in the Treasury 

18 not otherwise appropriated, there are authorized to be ap19 propriated, and there are appropriated for the 10-fiscal20 year period following the date of enactment of this Act— 

21 (1) $100,000,000 to the Secretary to carry out 

22 this section; and 

23 (2) sums as are necessary the Secretary for the 

24 administrative expenses and provision of technical 

25 assistance in carrying out this section. 


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1 SEC. 105. IDEA FUNDING. 

2 Out of funds in the Treasury not otherwise appro3 priated, there are appropriated to carry out part B of the 

4 Individuals with Disabilities in Education Act (20 U.S.C. 

5 1411 et seq.), $44,000,000,000 for each of the 10 fiscal 

6 years following the date of enactment of this Act. 

7 SEC. 106. ELEMENTARY AND SECONDARY EDUCATION 

8 FUNDING. 

9 Out of funds in the Treasury not otherwise appro10 priated, there are appropriated to carry out part A of title 

11 I of the Elementary and Secondary Education Act of 1965 

12 (20 U.S.C. 6311 et seq.), $74,000,000,000 for each of the 

13 10 fiscal years following the date of enactment of this Act. 

14 TITLE II—CLIMATE CHANGE 

15 RESILIENCY 

16 SEC. 201. DEFINITIONS. 

17 In this Act: 

18 (1) COMMUNITY RESILIENCY CENTER.—The 

19 term ‘‘community resiliency center’’ means a center 

20 that provides community resources and improves dis21 aster preparedness, response, or recovery in the com22 munity and— 

23 (A) may conduct, or provide space for, tar24 geted activities such as helping reach commu25 nity members not well-served by existing re26 sources or preparedness programs, and serving 


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1 as a shelter or communications center in emer2 gencies, distributing food, energy and other 

3 basic needs during or after a disaster, providing 

4 trauma-informed care and mental health serv5 ices during or after a disaster, and enabling 

6 faster recovery through connecting community 

7 members with services; and 

8 (B) may distribute food, energy, or other 

9 basic needs on an ongoing basis. 

10 (2) ENVIRONMENTAL JUSTICE COMMUNITY.— 

11 The term ‘‘environmental justice community’’ means 

12 a community with significant representation of com13 munities of color, low-income communities, or Tribal 

14 and indigenous communities that experiences, or is 

15 at risk of experiencing, higher or more adverse 

16 human health or environmental effects as compared 

17 to other communities. 

18 SEC. 202. CLIMATE CHANGE RESILIENCY PROGRAM. 

19 The Secretary shall establish a Climate Change Resil20 iency Program to— 

21 (1) increase the resiliency of the United States 

22 public school system, BIE schools, and schools fund23 ed by BIE during— 

24 (A) climate change-related events and nat25 ural disasters, including extreme weather 


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1 events, droughts, hurricanes, coastal and inland 

2 flooding, sea level rise, increased storm surge, 

3 wildfires, mudslides, extreme temperatures, tor4 nadoes, earthquakes, and volcanos; and 

5 (B) public health crises; 

6 (2) increase the ability of the United States 

7 public school system, BIE schools, and schools fund8 ed by BIE to advance climate justice and environ9 mental justice by serving as community resiliency 

10 centers; 

11 (3) build partnerships among local businesses, 

12 labor unions, apprenticeship programs, nonprofit or13 ganizations, and educators to facilitate applied 

14 STEAM and social science learning opportunities re15 lated to climate resiliency for students and create 

16 local jobs; and 

17 (4) prioritize public educational institutions, 

18 BIE schools, and schools funded by BIE as centers 

19 of innovation and pathways to green collar jobs 

20 through investments in vocational and technical edu21 cation in public schools that connect to labor organi22 zation registered apprenticeships and other high23 road jobs. 


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1 SEC. 203. GRANT PROGRAM. 

2 (a) IN GENERAL.—As part of the Climate Change 

3 Resiliency Program established under section 202, the 

4 Secretary shall establish a program to make grants to 

5 State educational agencies, in partnership with local edu6 cational agencies and local nonprofit organizations, for the 

7 development and implementation of Statewide, regional, or 

8 local climate resiliency plans or climate resiliency projects 

9 for public elementary schools and secondary schools, BIE 

10 schools, and schools funded by BIE, with the aim of ena11 bling public schools to serve as community resiliency cen12 ters. 

13 (b) CLIMATE RESILIENCY PLANS AND PROJECTS.— 

14 Each climate resiliency plan or climate resiliency project 

15 under subsection (a) shall include 1 or more of the fol16 lowing depending on the needs of the schools and sur17 rounding communities to be served: 

18 (1) Improvements to school buildings and 

19 grounds, including projects such as— 

20 (A) installing on-site distributed generation 

21 that combines energy efficient devices, energy 

22 storage, and renewable energy to allow the 

23 school to access essential energy during power 

24 outages and optimize use of on-site and off-site 

25 energy sources for emissions reductions; 


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1 (B) upgrading school kitchen facilities to 

2 support the preparation of scratch-cooked stu3 dent meals that use whole ingredients and are 

4 rich in fruits, vegetables, legumes, and whole 

5 grains; 

6 (C) projects that generate and maintain 

7 publicly accessibly integrated sustainability data 

8 and building management platforms; 

9 (D) improving walkability and accessibility 

10 on school grounds and in all school buildings; 

11 (E) acquiring relevant disaster response 

12 equipment and carrying out disaster response 

13 training; 

14 (F) procuring electric school buses; 

15 (G) installing public charging infrastruc16 ture for electric school buses and electric vehi17 cles; 

18 (H) establishing or improving dedicated in19 frastructure for safe transportation by bicycle, 

20 including bicycle lanes and parking spots; 

21 (I) enhancing multi-modal access to sup22 port the needs of all students, families, and 

23 staff, whether they walk, bike, use transit, or 

24 use other means of transportation to and from 

25 school; 


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1 (J) establishing or improving vehicle speed 

2 reduction infrastructure; and 

3 (K) a project involving the installation of 

4 high-speed internet infrastructure, in coordina5 tion with the E-rate program of the Federal 

6 Communications Commission set forth under 

7 subpart F of part 54 of title 47, Code of Fed8 eral Regulations (or any successor regula9 tion)— 

10 (i) in order to provide universal inter11 net access for schools served by the grant12 ee, BIE schools, and schools funded by 

13 BIE; 

14 (ii) with an upload speed that allows 

15 for the full execution of activities related to 

16 virtual teaching and learning, including the 

17 access and use of interactive online learn18 ing modules and textbooks, online profes19 sional learning courses, videoconferencing, 

20 and assistive technology; 

21 (iii) including the ongoing costs asso22 ciated with providing that internet infra23 structure and access; 

24 (iv) with respect to which, schools are 

25 encouraged to partner with municipal and 


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1 other public or nonprofit entities to sup2 port internet access; and 

3 (v) with respect to which the school 

4 will ensure that all internet service pro5 viders with which the school contracts for 

6 the project include open access infrastruc7 ture. 

8 (2) Green infrastructure projects and projects 

9 to increase food supply resiliency, such as— 

10 (A) wetlands, drainage ponds, and any 

11 other green infrastructure to protect schools 

12 from projected severe effects with respect to ex13 treme weather, natural disasters, or climate 

14 change-related events, including sea-level rise, 

15 flooding, and increased risk of wildfire; 

16 (B) green rooftops and walls that meet the 

17 minimum performance standard specified within 

18 the Living Architecture Performance Tool 

19 (LAPT) rating system, implemented or com20 pleted in consultation with at least one Green 

21 Roof Professional (GRP) as accredited by the 

22 Green Roof Industry Association, particularly 

23 those that can provide temperature manage24 ment and air quality improvements and reduce 

25 stormwater runoff; 


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1 (C) indoor plantings, particularly those 

2 that can provide air quality improvements; 

3 (D) tree plantings and green playgrounds 

4 that, at appropriate times, can act as a green 

5 space for the community; 

6 (E) community gardens that may be used 

7 by the school to provide healthy food for stu8 dents or by the community to provide healthy 

9 food for community residents; 

10 (F) procurement of local, organic, and 

11 sustainably produced food, including a focus on 

12 healthy, plant-based options; and 

13 (G) large scale food composting operations, 

14 and other projects to reduce single-use plastic 

15 and promote zero-waste options. 

16 (3) Projects to enable remote learning in the 

17 event that a school building is unusable due to a 

18 natural disaster, climate- or climate-change related 

19 event, severe weather, or infectious disease out20 breaks. 

21 (4) Projects for climate resiliency education, in22 cluding STEAM and social science education and ca23 reer preparation, such as projects that combine up24 grades to school buildings and grounds with career 

25 and technical education opportunities. 


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1 (5) Any other type of plan or project carried 

2 out by the State educational agency that the Sec3 retary determines will increase the resiliency of a 

4 school or school infrastructure provided, operated, or 

5 owned by the State educational agency with respect 

6 to the events described in section 202(1). 

7 (c) PRIORITY.—The Secretary shall develop metrics 

8 to evaluate grant applications and give priority to applica9 tions for climate resiliency plans or climate resiliency 

10 projects that focus on improving schools in neighborhoods 

11 that experience low air quality, lack green space and 

12 healthy food, bear higher cumulative pollution burdens, or 

13 are at high risk of experiencing the adverse effects of cli14 mate change. 

15 (d) COMPONENTS.—The Secretary, directly or 

16 through partnerships with States and nonprofit organiza17 tions, shall provide technical assistance to support grant18 ees in developing and implementing climate resiliency 

19 plans or climate resiliency projects that— 

20 (1) provide hands-on education and applied 

21 STEAM and social science learning opportunities to 

22 students; 

23 (2) demonstrate a commitment to provide job 

24 training, registered apprenticeship programs, and 

25 contracting opportunities to residents and small 


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1 businesses owned by residents of the community that 

2 the school serves; 

3 (3) identify and further community priority ac4 tions and conduct robust community engagement; 

5 (4) utilize climate change and community 

6 health data for proactive solutions; 

7 (5) employ nature-based solutions that focus on 

8 protection, restoration, or management of ecological 

9 systems to safeguard public health, provide clean air 

10 and water, increase natural hazard resilience, and 

11 sequester carbon; 

12 (6) increase equitable outcomes for and support 

13 strong partnerships with environmental justice com14 munities and climate vulnerable populations; 

15 (7) achieve broad and multiple community ben16 efits; and 

17 (8) monitor project success and maintaining the 

18 project into the future. 

19 (e) EXISTING INITIATIVES.—The Secretary may en20 courage and give priority to climate resiliency plans or cli21 mate resiliency projects that integrate with and inform ex22 isting sustainability initiatives, such as the Department of 

23 Education Green Ribbon Schools program. 

24 (f) ENVIRONMENTAL HEALTH.—The Secretary may 

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1 porting of environmental health best practices and other 

2 outcomes. 

3 (g) COORDINATION.— 

4 (1) ENVIRONMENTAL PROTECTION AGENCY AND

5 AGRICULTURE.—The Secretary shall coordinate with 

6 the Administrator of the Environmental Protection 

7 Agency and the Secretary of Agriculture to provide 

8 technical guidance or assistance to State educational 

9 agencies in designing and carrying out climate resil10 iency plans or climate resiliency projects funded by 

11 the grant program as they relate to healthy schools. 

12 (2) DEPARTMENT OF ENERGY.—The Secretary 

13 shall coordinate with the Secretary of Energy to de14 velop metrics to evaluate grant applications and pro15 vide technical assistance to State and local edu16 cational agencies in designing and carrying out cli17 mate resiliency plans or climate resiliency projects. 

18 (h) PARTNERS.—A recipient of a grant under this 

19 section to carry out a project described in subsection 

20 (b)(1)(K) shall, to the extent practicable, partner with 

21 local government and other public or nonprofit entities to 

22 support internet access, and all service providers shall use 

23 open access infrastructure. 

24 (i) ENVIRONMENTAL JUSTICE COMMUNITIES.—The 

25 Secretary shall ensure that not less than 50 percent of 


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1 funds awarded under this section are used for projects lo2 cated in environmental justice communities. 

3 (j) WAGE RATE REQUIREMENTS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, all laborers and mechanics em6 ployed by contractors and subcontractors on projects 

7 funded directly by a grant under this section shall 

8 be paid wages at rates not less than those prevailing 

9 on projects of a similar character in the locality, as 

10 determined by the Secretary of Labor in accordance 

11 with subchapter IV of chapter 31 of title 40, United 

12 States Code (commonly referred to as the ‘‘Davis13 Bacon Act’’). 

14 (2) AUTHORITY.—With respect to the labor 

15 standards specified in paragraph (1), the Secretary 

16 of Labor shall have the authority and functions set 

17 forth in Reorganization Plan Numbered 14 of 1950 

18 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

19 title 40, United States Code. 

20 (k) USE OF AMERICAN IRON, STEEL, AND MANUFAC21 TURED PRODUCTS.— 

22 (1) DEFINITIONS.—In this subsection: 

23 (A) MANUFACTURED PRODUCT.—The term 

24 ‘‘manufactured product’’ means any construc25 tion material or end product (as those terms 


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1 are defined in part 25.003 of the Federal Ac2 quisition Regulation) that is not an iron or steel 

3 product, including— 

4 (i) electrical components; and 

5 (ii) non-ferrous building materials, in6 cluding aluminum, polyvinylchloride, glass, 

7 fiber optics, plastic, wood, masonry, rub8 ber, manufactured stone, any other non9 ferrous metals, and any unmanufactured 

10 construction material. 

11 (B) PRODUCED IN THE UNITED STATES.— 

12 The term ‘‘produced in the United States’’ 

13 means the following: 

14 (i) When used with respect to a man15 ufactured product, the product was manu16 factured in the United States and the cost 

17 of the components of that product that 

18 were mined, produced, or manufactured in 

19 the United States exceeds 60 percent of 

20 the total cost of all components of the 

21 product. 

22 (ii) When used with respect to iron or 

23 steel products, or an individual component 

24 of a manufactured product, all manufac25 turing processes for those iron or steel 


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1 products or components, from the initial 

2 melting stage through the application of 

3 coatings, occurred in the United States, ex4 cept that the term does not include— 

5 (I) steel or iron material or prod6 ucts manufactured abroad from semi7 finished steel or iron from the United 

8 States; or 

9 (II) steel or iron material or 

10 products manufactured in the United 

11 States from semi-finished steel or iron 

12 of foreign origin. 

13 (2) REQUIREMENTS.—A State that receives 

14 funds under this section shall ensure that any iron, 

15 steel, and manufactured products used in a project 

16 carried out with those funds are produced in the 

17 United States. 

18 (3) WAIVER AUTHORITY.— 

19 (A) IN GENERAL.—The Secretary may 

20 waive the requirement under paragraph (2) if 

21 the Secretary determines that— 

22 (i) applying the requirement would be 

23 inconsistent with the public interest; 

24 (ii) iron, steel, and manufactured 

25 products produced in the United States are 


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1 not produced in a sufficient and reasonably 

2 available quantity or are not of a satisfac3 tory quality; or 

4 (iii) using iron, steel, and manufac5 tured products produced in the United 

6 States will increase the cost of the applica7 ble overall project by more than 25 per8 cent. 

9 (B) PUBLICATION.—Before issuing a waiv10 er under subparagraph (A), the Secretary shall 

11 publish in the Federal Register a detailed writ12 ten explanation of the waiver determination. 

13 (4) CONSISTENCY WITH INTERNATIONAL

14 AGREEMENTS.—This subsection shall be applied in a 

15 manner consistent with the obligations of the United 

16 States under international agreements. 

17 SEC. 204. REPORT. 

18 Not later than 2 years after the date of enactment 

19 of this Act, and annually thereafter, the Secretary shall 

20 submit to Congress a report that evaluates the effective21 ness of the activities carried out under this title. 

22 SEC. 205. AUTHORIZATION OF APPROPRIATIONS; MANDA23 TORY APPROPRIATIONS. 

24 (a) IN GENERAL.—Out of funds in the Treasury not 

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1 priated, and there are appropriated for each of fiscal years 

2 2024 through 2034, $4,000,000,000 to the Secretary of 

3 Education to carry out this title. 

4 (b) LIMITATION.—Not more than 5 percent of the 

5 funds appropriated to carry out this title shall be used 

6 for projects described in section 203(b)(3). 

Æ 


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