IB 

Union Calendar No. 567 

116TH CONGRESS 

2D SESSION H. R. 865 

[Report No. 116–684, Part I] 

To provide for the long-term improvement of public school facilities, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2019 

Mr. SCOTT of Virginia (for himself, Ms. ADAMS, Mr. AGUILAR, Ms. 

BARRAGA ́N, Mrs. BEATTY, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, 

Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BROWN

of Maryland, Ms. BROWNLEY of California, Mrs. BUSTOS, Mr. CARBAJAL, 

Mr. CARSON of Indiana, Mr. CARTWRIGHT, Mr. CASE, Ms. CASTOR of 

Florida, Mr. CASTRO of Texas, Ms. JUDY CHU of California, Mr. 

CICILLINE, Mr. CISNEROS, Ms. CLARK of Massachusetts, Ms. CLARKE of 

New York, Mr. CLAY, Mr. CLEAVER, Mr. COHEN, Mr. COURTNEY, Mr. 

COSTA, Ms. CRAIG, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. 

DEFAZIO, Mrs. DEMINGS, Mr. DESAULNIER, Mrs. DINGELL, Mr. ENGEL, 

Ms. ESHOO, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Ms. FUDGE, Mr. 

GALLEGO, Mr. GARAMENDI, Mr. GARCI ́A of Illinois, Mr. GOMEZ, Mr. 

GONZALEZ of Texas, Mr. GREEN of Texas, Mr. GRIJALVA, Ms. 

HAALAND, Mrs. HAYES, Mr. HARDER of California, Mr. HECK, Ms. HILL

of California, Mr. HIMES, Mr. HORSFORD, Mr. HUFFMAN, Ms. JACKSON

LEE, Ms. JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. JOHNSON of Texas, Ms. KAPTUR, Mr. KEATING, Mr. KENNEDY, Mr. KHANNA, 

Mr. KILDEE, Mr. KILMER, Mr. KIND, Mr. KRISHNAMOORTHI, Ms. 

KUSTER of New Hampshire, Mr. LANGEVIN, Mrs. LAWRENCE, Mr. 

LAWSON of Florida, Ms. LEE of California, Mrs. LEE of Nevada, Mr. 

LEVIN of Michigan, Mr. TED LIEU of California, Mr. LOEBSACK, Ms. 

LOFGREN, Mr. LOWENTHAL, Mr. LUJA ́N, Mr. LYNCH, Mrs. CAROLYN B. 

MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Ms. 

MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. 

MORELLE, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLITANO, Mr. 

NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. 

O’HALLERAN, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PASCRELL, 


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Mr. PAYNE, Mr. PERLMUTTER, Ms. PINGREE, Mr. POCAN, Ms. 

PRESSLEY, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New York, Mr. 

RICHMOND, Mr. ROSE of New York, Ms. ROYBAL-ALLARD, Mr. RUSH, 

Mr. RYAN, Mr. SABLAN, Ms. SA ́NCHEZ, Mr. SAN NICOLAS, Mr. SARBANES, Ms. SCANLON, Mr. SCHIFF, Ms. SCHAKOWSKY, Mr. DAVID SCOTT

of Georgia, Ms. SCHRIER, Ms. SHALALA, Mr. SERRANO, Ms. SEWELL of 

Alabama, Mr. SOTO, Ms. SPANBERGER, Mr. SWALWELL of California, 

Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TLAIB, Mr. TONKO, 

Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Ms. UNDERWOOD, Mr. VARGAS, Mr. VELA, Ms. VELA ́ZQUEZ, Ms. WASSERMAN

SCHULTZ, Ms. WATERS, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. 

WILD, Ms. WILSON of Florida, Mr. YARMUTH, and Ms. STEVENS) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

DECEMBER 21, 2020 

Additional sponsors: Mr. ALLRED, Mr. VEASEY, Ms. BASS, Ms. MUCARSELPOWELL, Mr. SMITH of Washington, Mr. CUELLAR, Ms. HOULAHAN, Ms. 

FRANKEL, Mr. PETERSON, Mr. SIRES, Mr. KIM, Mr. COX of California, 

Mr. LARSON of Connecticut, Mr. LEVIN of California, Ms. FINKENAUER, 

Mr. SHERMAN, Ms. TITUS, Mr. RUPPERSBERGER, Mr. BISHOP of Georgia, Mr. PHILLIPS, Mrs. AXNE, Mrs. KIRKPATRICK, Mr. MALINOWSKI, 

Mr. HIGGINS of New York, Mr. PAPPAS, Mr. ROUDA, Ms. PORTER, Mr. 

BRINDISI, Mr. DELGADO, Ms. SPEIER, Mr. CROW, Mr. LARSEN of Washington, Ms. DELBENE, Mr. CRIST, Ms. SLOTKIN, Mr. NEAL, Ms. 

SHERRILL, Mr. LAMB, Mrs. LURIA, Mr. PRICE of North Carolina, Mr. 

CONNOLLY, Ms. TORRES SMALL of New Mexico, Ms. WEXTON, Mr. 

CASTEN of Illinois, Ms. DEAN, Mr. MICHAEL F. DOYLE of Pennsylvania, 

Mr. CA ́RDENAS, Mr. LEWIS, Mr. FOSTER, Ms. GABBARD, Mr. CORREA, 

Mr. HASTINGS, Mr. BUTTERFIELD, Mr. THOMPSON of California, Ms. 

KELLY of Illinois, Ms. GARCIA of Texas, Mr. RUIZ, Mr. BEYER, Mr. 

SUOZZI, Mr. VAN DREW, and Ms. PLASKETT


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DECEMBER 21, 2020 

Reported from the Committee on Education and Labor with amendments 

DECEMBER 21, 2020 

Committee on Ways and Means discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 


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A BILL 

To provide for the long-term improvement of public school 

facilities, and for other purposes. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Rebuild America’s Schools Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GRANTS FOR THE LONG-TERM IMPROVEMENT OF 

PUBLIC SCHOOL FACILITIES 

Sec. 101. Purpose and reservation. 

Sec. 102. Allocation to States. 

Sec. 103. Need-based grants to qualified local educational agencies. 

Sec. 104. Annual report on grant program. 

Sec. 105. Authorization of Appropriations. 

TITLE II—SCHOOL INFRASTRUCTURE BONDS 

Sec. 201. Restoration of certain qualified tax credit bonds. 

Sec. 202. School infrastructure bonds. 

Sec. 203. Annual report on bond program. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Allowable uses of funds. 

Sec. 302. Prohibited uses. 

Sec. 303. Green Practices. 

Sec. 304. Use of American iron, steel, and manufactured products. 

Sec. 305. Comptroller general report. 

Sec. 306. Study and report physical condition of public schools. 

Sec. 307. Development of data standards. 

Sec. 308. Information clearinghouse. 

TITLE IV—IMPACT AID CONSTRUCTION 

Sec. 401. Temporary increase in funding for impact aid construction. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional comVerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\H865.RH H865

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1 mittees’’ means the Committee on Education and 

2 Labor of the House of Representatives and the Com3 mittee on Health, Education, Labor and Pensions of 

4 the Senate. 

5 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu6 reau-funded school’’ has the meaning given that 

7 term in section 1141 of the Education Amendments 

8 of 1978 (25 U.S.C. 2021). 

9 (3) COVERED FUNDS.—The term ‘‘covered 

10 funds’’ means funds received— 

11 (A) under title I of this Act; 

12 (B) from a school infrastructure bond; or 

13 (C) from a qualified zone academy bond 

14 (as such term is defined in section 54E of the 

15 Internal Revenue Code of 1986 (as restored by 

16 section 201)). 

17 (4) ESEA TERMS.—The terms ‘‘elementary 

18 school’’, ‘‘outlying area’’, and ‘‘secondary school’’ 

19 have the meanings given those terms in section 8101 

20 of the Elementary and Secondary Education Act of 

21 1965 (20 U.S.C. 7801). 

22 (5) LOCAL EDUCATIONAL AGENCY.—The term 

23 ‘‘local educational agency’’ has the meaning given 

24 that term in section 8101 of the Elementary and 

25 Secondary Education Act of 1965 (20 U.S.C. 7801) 


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1 except that such term does not include a Bureau2 funded school. 

3 (6) PUBLIC SCHOOL FACILITIES.—The term 

4 ‘‘public school facilities’’ means the facilities of a 

5 public elementary school or a public secondary 

6 school. 

7 (7) QUALIFIED LOCAL EDUCATIONAL AGEN8 CY.—The term ‘‘qualified local educational agency’’ 

9 means a local educational agency that receives funds 

10 under part A of title I of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6311 et 

12 seq.). 

13 (8) SCHOOL INFRASTRUCTURE BOND.—The 

14 term ‘‘school infrastructure bond’’ has the meaning 

15 given such term in section 54BB of the Internal 

16 Revenue Code of 1986 (as added by section 202). 

17 (9) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Education. 

19 (10) STATE.—The term ‘‘State’’ means each of 

20 the 50 States, the District of Columbia, and the 

21 Commonwealth of Puerto Rico. 

22 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

23 (a) SHORT TITLE.—This Act may be cited as the ‘‘Re24 build America’s Schools Act of 2019’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC 

SCHOOL FACILITIES 

Sec. 101. Purpose and reservation. 

Sec. 102. Allocation to States. 

Sec. 103. Need-based grants to qualified local educational agencies. 

Sec. 104. Annual report on grant program. 

Sec. 105. Authorization of Appropriations. 

TITLE II—SCHOOL INFRASTRUCTURE BONDS 

Sec. 201. Restoration of certain qualified tax credit bonds. 

Sec. 202. School infrastructure bonds. 

Sec. 203. Annual report on bond program. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Allowable uses of funds. 

Sec. 302. Prohibited uses. 

Sec. 303. Requirements for hazard-resistance and energy and water conservation. 

Sec. 304. Green Practices. 

Sec. 305. Use of American iron, steel, and manufactured products. 

Sec. 306. Comptroller general report. 

Sec. 307. Study and report physical condition of public schools. 

Sec. 308. Development of data standards. 

Sec. 309. Information clearinghouse. 

Sec. 310. Prohibition on use of funds for facilities of for-profit charter schools. 

Sec. 311. Prohibition on use of funds for certain charter schools. 

Sec. 312. Sense of congress on Opportunity Zones. 

TITLE IV—IMPACT AID CONSTRUCTION 

Sec. 401. Temporary increase in funding for impact aid construction. 

TITLE V—ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS 

AFFECTED BY PYRRHOTITE 

Sec. 501. Allocations to States. 

Sec. 502. Grants to local educational agencies. 

Sec. 503. Definitions. 

Sec. 504. Authorization of appropriations. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional commitVerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865

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1 tees’’ means the Committee on Education and Labor 

2 of the House of Representatives and the Committee on 

3 Health, Education, Labor and Pensions of the Senate. 

4 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu5 reau-funded school’’ has the meaning given that term 

6 in section 1141 of the Education Amendments of 1978 

7 (25 U.S.C. 2021). 

8 (3) COVERED FUNDS.—The term ‘‘covered funds’’ 

9 means funds received— 

10 (A) under title I of this Act; 

11 (B) from a school infrastructure bond; or 

12 (C) from a qualified zone academy bond (as 

13 such term is defined in section 54E of the Inter14 nal Revenue Code of 1986 (as restored by section 

15 201)). 

16 (4) ESEA TERMS.—The terms ‘‘elementary 

17 school’’, ‘‘outlying area’’, and ‘‘secondary school’’ have 

18 the meanings given those terms in section 8101 of the 

19 Elementary and Secondary Education Act of 1965 

20 (20 U.S.C. 7801). 

21 (5) LOCAL EDUCATIONAL AGENCY.—The term 

22 ‘‘local educational agency’’ has the meaning given 

23 that term in section 8101 of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 7801) exVerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865

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1 cept that such term does not include a Bureau-funded 

2 school. 

3 (6) PUBLIC SCHOOL FACILITIES.—The term 

4 ‘‘public school facilities’’ means the facilities of a pub5 lic elementary school or a public secondary school. 

6 (7) QUALIFIED LOCAL EDUCATIONAL AGENCY.— 

7 The term ‘‘qualified local educational agency’’ means 

8 a local educational agency that receives funds under 

9 part A of title I of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6311 et seq.). 

11 (8) SCHOOL INFRASTRUCTURE BOND.—The term 

12 ‘‘school infrastructure bond’’ has the meaning given 

13 such term in section 54BB of the Internal Revenue 

14 Code of 1986 (as added by section 202). 

15 (9) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Education. 

17 (10) STATE.—The term ‘‘State’’ means each of 

18 the 50 States, the District of Columbia, and the Com19 monwealth of Puerto Rico. 

20 (11) ZERO ENERGY SCHOOL.—The term ‘‘zero 

21 energy school’’ means a public elementary school or 

22 public secondary school that— 

23 (A) generates renewable energy on-site; and 

24 (B) on an annual basis, exports an amount 

25 of such renewable energy that equals or exceeds 


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1 the total amount of renewable energy that is de2 livered to the school from outside sources. 

3 TITLE I—GRANTS FOR THE 

4 LONG-TERM IMPROVEMENT 

5 OF PUBLIC SCHOOL FACILI6 TIES 

7 SEC. 101. PURPOSE AND RESERVATION. 

8 (a) PURPOSE.—Funds made available under this title 

9 shall be for the purpose of supporting long-term improve10 ments to public school facilities in accordance with this 

11 Act. 

12 (b) RESERVATION FOR OUTLYING AREAS AND BU13 REAU-FUNDED SCHOOLS.— 

14 (1) IN GENERAL.—For each of fiscal years 

15 2020 through 2029, the Secretary shall reserve, 

16 from the amount appropriated to carry out this 

17 title— 

18 (A) one-half of 1 percent, to provide assist19 ance to the outlying areas; and 

20 (B) one-half of 1 percent, for payments to 

21 the Secretary of the Interior to provide assist22 ance to Bureau-funded schools. 

23 (2) USE OF RESERVED FUNDS.— 


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1 (A) IN GENERAL.—Funds reserved under 

2 paragraph (1) shall be used in accordance with 

3 sections 301 through 304. 

4 (B) SPECIAL RULES FOR BUREAU-FUNDED

5 SCHOOLS.— 

6 (i) APPLICABILITY.—Sections 301 

7 through 304 shall apply to a Bureau-fund8 ed school that receives assistance under 

9 paragraph (1)(B) in the same manner that 

10 such sections apply to a qualified local edu11 cational agency that receives covered 

12 funds. The facilities of a Bureau-funded 

13 school shall be treated as public school fa14 cilities for purposes of the application of 

15 such sections. 

16 (ii) TREATMENT OF TRIBALLY OPER17 ATED SCHOOLS.—The Secretary of the In18 terior shall provide assistance to Bureau19 funded schools under paragraph (1)(B) 

20 without regard to whether such schools are 

21 operated by the Bureau of Indian Edu22 cation or by an Indian Tribe. In the case 

23 of a Bureau-funded school that is a con24 tract or grant school (as that term is de25 fined in section 1141 of the Education 


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1 Amendments of 1978 (25 U.S.C. 2021)) 

2 operated by an Indian Tribe, the Secretary 

3 of the Interior shall provide assistance 

4 under such paragraph to the Indian Tribe 

5 concerned. 

6 SEC. 102. ALLOCATION TO STATES. 

7 (a) ALLOCATION TO STATES.— 

8 (1) STATE-BY-STATE ALLOCATION.—Of the 

9 amount appropriated to carry out this title for each 

10 fiscal year and not reserved under section 101(b), 

11 each State that has a plan approved by the Sec12 retary under subsection (b) shall be allocated an 

13 amount in proportion to the amount received by all 

14 local educational agencies in the State under part A 

15 of title I of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 6311 et seq.) for the 

17 previous fiscal year relative to the total such amount 

18 received by all local educational agencies in every 

19 State that has a plan approved by the Secretary 

20 under subsection (b). 

21 (2) STATE RESERVATION.—A State may reserve 

22 not more than 1 percent of its allocation under para23 graph (1) to carry out its responsibilities under this 

24 Act, which shall include— 


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1 (A) providing technical assistance to local 

2 educational agencies, including by— 

3 (i) identifying which State agencies 

4 have programs, resources, and expertise 

5 relevant to the activities supported by the 

6 allocation under this section; and 

7 (ii) coordinating the provision of tech8 nical assistance across such agencies; 

9 (B) in accordance with the guidance issued 

10 by the Secretary under section 307, developing 

11 an online, publicly searchable database that 

12 contains an inventory of the infrastructure of 

13 all public school facilities in the State (including 

14 the facilities of Bureau-funded schools, as ap15 propriate), including, with respect to each such 

16 facility, an identification of— 

17 (i) the information described in 

18 clauses (i) through (vi) of subparagraph 

19 (F); 

20 (ii) the age (including an identifica21 tion of the date of any retrofits or recent 

22 renovations) of— 

23 (I) the facility; 

24 (II) its roof; 

25 (III) its lighting system; 


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1 (IV) its windows; 

2 (V) its ceilings; 

3 (VI) its plumbing; and 

4 (VII) its heating, ventilation, and 

5 air conditioning system; 

6 (iii) fire safety inspection results; and 

7 (iv) the proximity of the facilities to 

8 toxic sites or the vulnerability of the facili9 ties to natural disasters, including the ex10 tent to which facilities that are vulnerable 

11 to seismic natural disasters are seismically 

12 retrofitted; 

13 (C) updating the database developed under 

14 subparagraph (B) not less frequently than once 

15 every 2 years; 

16 (D) ensuring that the information in the 

17 database developed under subparagraph (B)— 

18 (i) is posted on a publicly accessible 

19 State website; and 

20 (ii) is regularly distributed to local 

21 educational agencies and Tribal govern22 ments in the State; 

23 (E) issuing and reviewing regulations to 

24 ensure the health and safety of students and 


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1 staff during construction or renovation projects; 

2 and 

3 (F) issuing or reviewing regulations to en4 sure safe, healthy, and high-performing school 

5 buildings, including regulations governing— 

6 (i) indoor air quality and ventilation, 

7 including exposure to carbon monoxide and 

8 carbon dioxide; 

9 (ii) mold, mildew, and moisture con10 trol; 

11 (iii) the safety of drinking water at 

12 the tap and water used for meal prepara13 tion, including regulations that— 

14 (I) address the presence of lead 

15 and other contaminants in such water; 

16 and 

17 (II) require the regular testing of 

18 the potability of water at the tap; 

19 (iv) energy and water efficiency; 

20 (v) excessive classroom noise due to 

21 activities allowable under section 301; and 

22 (vi) the levels of maintenance work, 

23 operational spending, and capital invest24 ment needed to maintain the quality of 

25 public school facilities; and 


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1 (G) creating a plan to reduce or eliminate 

2 exposure to toxins and chemicals, including 

3 mercury, radon, PCBs, lead, vapor intrusions, 

4 and asbestos. 

5 (b) STATE PLAN.— 

6 (1) IN GENERAL.—To be eligible to receive an 

7 allocation under this section, a State shall submit to 

8 the Secretary a plan that— 

9 (A) describes how the State will use the al10 location to make long-term improvements to 

11 public school facilities; 

12 (B) explains how the State will carry out 

13 each of its responsibilities under subsection 

14 (a)(2); 

15 (C) explains how the State will make the 

16 determinations under subsections (b) and (c) of 

17 section 103; 

18 (D) identifies how long, and at what levels, 

19 the State will maintain fiscal effort for the ac20 tivities supported by the allocation after the 

21 State no longer receives the allocation; and 

22 (E) includes such other information as the 

23 Secretary may require. 

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1 approve a State plan submitted under paragraph 

2 (1). 

3 (c) CONDITIONS.—As a condition of receiving an allo4 cation under this section, a State shall agree to the fol5 lowing: 

6 (1) MATCHING REQUIREMENT.—The State shall 

7 contribute, from non-Federal sources, an amount 

8 equal to 10 percent of the amount of the allocation 

9 received under this section to carry out the activities 

10 supported by the allocation. 

11 (2) MAINTENANCE OF EFFORT.—The State 

12 shall provide an assurance to the Secretary that the 

13 combined fiscal effort per student or the aggregate 

14 expenditures of the State with respect to the activi15 ties supported by the allocation under this section 

16 for fiscal years beginning with the fiscal year for 

17 which the allocation is received will be not less than 

18 90 percent of the combined fiscal effort or aggregate 

19 expenditures by the State for such purposes for the 

20 year preceding the fiscal year for which the alloca21 tion is received. 

22 (3) SUPPLEMENT NOT SUPPLANT.—The State 

23 shall use an allocation under this section only to 

24 supplement the level of Federal, State, and local 

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1 tion, be made available for the activities supported 

2 by the allocation, and not to supplant such funds. 

3 SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDU4 CATIONAL AGENCIES. 

5 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

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

7 from the amounts allocated to a State under section 

8 102(a) and contributed by the State under section 

9 102(c)(1), the State shall award grants to qualified 

10 local educational agencies, on a competitive basis, to 

11 carry out the activities described in section 301(a). 

12 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

13 State may use up to 10 percent of the amount de14 scribed in paragraph (1) to make grants to qualified 

15 local educational agencies carry out activities to im16 prove digital learning in accordance with section 

17 301(b). 

18 (b) ELIGIBILITY.— 

19 (1) IN GENERAL.—To be eligible to receive a 

20 grant under this section a qualified local educational 

21 agency— 

22 (A) shall be among the local educational 

23 agencies in the State with the highest numbers 

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1 tion 1124(c) of the Elementary and Secondary 

2 Education Act of 1965 (20 U.S.C. 6333(c)); 

3 (B) shall agree to prioritize the improve4 ment of the facilities of public schools that 

5 serve the highest percentages of students who 

6 are eligible for a free or reduced price lunch 

7 under the Richard B. Russell National School 

8 Lunch Act (42 U.S.C. 1751 et seq.) (which, in 

9 the case of a high school, may be calculated 

10 using comparable data from the schools that 

11 feed into the high school), as compared to other 

12 public schools in the jurisdiction of the agency; 

13 and 

14 (C) may be among the local educational 

15 agencies in the State— 

16 (i) with the greatest need to improve 

17 public school facilities, as determined by 

18 the State, which may include consideration 

19 of threats posed by the proximity of the fa20 cilities to toxic sites or the vulnerability of 

21 the facilities to natural disasters; and 

22 (ii) with the most limited capacity to 

23 raise funds for the long-term improvement 

24 of public school facilities, as determined by 

25 an assessment of— 


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1 (I) the current and historic abil2 ity of the agency to raise funds for 

3 construction, renovation, moderniza4 tion, and major repair projects for 

5 schools; 

6 (II) whether the agency has been 

7 able to issue bonds or receive other 

8 funds to support school construction 

9 projects; and 

10 (III) the bond rating of the agen11 cy. 

12 (2) GEOGRAPHIC DISTRIBUTION.—The State 

13 shall ensure that grants under this section are 

14 awarded to qualified local educational agencies that 

15 represent the geographic diversity of the State. 

16 (c) PRIORITY OF GRANTS.—In awarding grants 

17 under this section, the State— 

18 (1) shall give priority to qualified local edu19 cational agencies that— 

20 (A) demonstrate the greatest need for such 

21 a grant, as determined by a comparison of the 

22 factors described in subsection (b); 

23 (B) will use the grant to improve the facili24 ties of— 


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1 (i) elementary schools or middle 

2 schools that have an enrollment of stu3 dents who are eligible for a free or reduced 

4 price lunch under the Richard B. Russell 

5 National School Lunch Act (42 U.S.C. 

6 1751 et seq.) that constitutes not less than 

7 40 percent of the total student enrollment 

8 at such schools; or 

9 (ii) high schools that have an enroll10 ment of students who are eligible for a free 

11 or reduced price lunch under such Act that 

12 constitutes not less than 30 percent of the 

13 total student enrollment at such schools 

14 (which may be calculated using comparable 

15 data from the schools that feed into the 

16 high school); and 

17 (C) operate public school facilities that 

18 pose a severe health and safety threat to stu19 dents and staff, which may include a threat 

20 posed by the proximity of the facilities to toxic 

21 sites or the vulnerability of the facilities to nat22 ural disasters; and 

23 (2) may give priority to qualified local edu24 cational agencies that— 


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1 (A) will use the grant to improve access to 

2 high-speed broadband sufficient to support dig3 ital learning accordance with section 301(b); 

4 (B) serve elementary schools or secondary 

5 schools, including rural schools, that lack such 

6 access; and 

7 (C) meet one or more of the requirements 

8 set forth in subparagraphs (A) through (C) of 

9 paragraph (1). 

10 (d) APPLICATION.—To be considered for a grant 

11 under this section, a qualified local educational agency 

12 shall submit an application to the State at such time, in 

13 such manner, and containing such information as the 

14 State may require. Such application shall include, at min15 imum— 

16 (1) the information necessary for the State to 

17 make the determinations under subsections (b) and 

18 (c); 

19 (2) a description of the projects that the agency 

20 plans to carry out with the grant; 

21 (3) an explanation of how such projects will re22 duce risks to the health and safety of staff and stu23 dents at schools served by the agency; and 

24 (4) in the case of a local educational agency 

25 that proposes to fund a repair, renovation, or conVerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6401 E:\BILLS\H865.RH H865

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1 struction project for a public charter school, the ex2 tent to which— 

3 (A) the public charter school lacks access 

4 to funding for school repair, renovation, and 

5 construction through the financing methods 

6 available to other public schools or local edu7 cational agencies in the State; and 

8 (B) the charter school operator owns or 

9 has care and control of the facility that is to be 

10 repaired, renovated, or constructed. 

11 (e) FACILITIES MASTER PLAN.— 

12 (1) PLAN REQUIRED.—Not later than 180 days 

13 after receiving a grant under this section, a qualified 

14 local educational agency shall submit to the State a 

15 comprehensive 10-year facilities master plan. 

16 (2) ELEMENTS.—The facilities master plan re17 quired under paragraph (1) shall include, with re18 spect to all public school facilities of the qualified 

19 local educational agency, a description of— 

20 (A) the extent to which public school facili21 ties meet students’ educational needs and sup22 port the agency’s educational mission and vi23 sion; 

24 (B) the physical condition of the public 

25 school facilities; 


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1 (C) the current health, safety, and environ2 mental conditions of the public school facilities, 

3 including— 

4 (i) indoor air quality; 

5 (ii) the presence of hazardous and 

6 toxic substances and chemicals; 

7 (iii) the safety of drinking water at 

8 the tap and water used for meal prepara9 tion, including the level of lead and other 

10 contaminants in such water; 

11 (iv) energy and water efficiency; 

12 (v) excessive classroom noise; and 

13 (vi) other health, safety, and environ14 mental conditions that would impact the 

15 health, safety, and learning ability of stu16 dents; 

17 (D) how the local educational agency will 

18 address any conditions identified under sub19 paragraph (C); 

20 (E) the impact of current and future stu21 dent enrollment levels (as of the date of appli22 cation) on the design of current and future pub23 lic school facilities, as well as the financial im24 plications of such enrollment levels; 


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1 (F) the dollar amount and percentage of 

2 funds the local educational agency will dedicate 

3 to capital construction projects for public school 

4 facilities, including— 

5 (i) any funds in the budget of the 

6 agency that will be dedicated to such 

7 projects; and 

8 (ii) any funds not in the budget of the 

9 agency that will be dedicated to such 

10 projects, including any funds available to 

11 the agency as the result of a bond issue; 

12 and 

13 (G) the dollar amount and percentage of 

14 funds the local educational agency will dedicate 

15 to the maintenance and operation of public 

16 school facilities, including— 

17 (i) any funds in the budget of the 

18 agency that will be dedicated to the main19 tenance and operation of such facilities; 

20 and 

21 (ii) any funds not in the budget of the 

22 agency that will be dedicated to the main23 tenance and operation of such facilities. 

24 (3) CONSULTATION.—In developing the facili25 ties master plan required under paragraph (1), the 


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1 qualified local educational agency shall consult with 

2 teachers, principals and other school leaders, custo3 dial and maintenance staff, emergency first respond4 ers, school facilities directors, students and families, 

5 community residents, and Indian Tribes. 

6 (f) SUPPLEMENT NOT SUPPLANT.—A qualified local 

7 educational agency shall use a grant received under this 

8 section only to supplement the level of Federal, State, and 

9 local public funds that would, in the absence of such grant, 

10 be made available for the activities supported by the grant, 

11 and not to supplant such funds. 

12 SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. 

13 (a) IN GENERAL.—Not later than September 30 of 

14 each fiscal year beginning after the date of the enactment 

15 of this Act, the Secretary shall submit to the appropriate 

16 congressional committees a report on the projects carried 

17 out with funds made available under this title. 

18 (b) ELEMENTS.—The report under subsection (a) 

19 shall include, with respect to the fiscal year preceding the 

20 year in which the report is submitted, the following: 

21 (1) An identification of each local educational 

22 agency that received a grant under this title. 

23 (2) With respect to each such agency, a descrip24 tion of— 


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1 (A) the demographic composition of the 

2 student population served by the agency, 

3 disaggregated by— 

4 (i) race; 

5 (ii) the number and percentage of stu6 dents counted under section 1124(c) of the 

7 Elementary and Secondary Education Act 

8 of 1965 (20 U.S.C. 6333(c)); and 

9 (iii) the number and percentage of 

10 students who are eligible for a free or re11 duced price lunch under the Richard B. 

12 Russell National School Lunch Act (42 

13 U.S.C. 1751 et seq.); 

14 (B) the population density of the geo15 graphic area served by the agency; 

16 (C) the projects for which the agency used 

17 the grant received under this title; 

18 (D) the demonstrable or expected benefits 

19 of the projects; and 

20 (E) the estimated number of jobs created 

21 by the projects. 

22 (3) The total dollar amount of all grants re23 ceived by local educational agencies under this title. 


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1 (c) LEA INFORMATION COLLECTION.—A local edu2 cational agency that receives a grant under this title 

3 shall— 

4 (1) annually compile the information described 

5 in subsection (b)(2); 

6 (2) make the information available to the pub7 lic, including by posting the information on a pub8 licly accessible agency website; and 

9 (3) submit the information to the State. 

10 (d) STATE INFORMATION DISTRIBUTION.—A State 

11 that receives information from a local educational agency 

12 under subsection (c) shall— 

13 (1) compile the information and report it annu14 ally to the Secretary at such time and in such man15 ner as the Secretary may require; 

16 (2) make the information available to the pub17 lic, including by posting the information on a pub18 licly accessible State website; and 

19 (3) regularly distribute the information to local 

20 educational agencies and Tribal governments in the 

21 State. 

22 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated 

24 $7,000,000,000 for each of fiscal years 2020 through 

25 2029 to carry out this title. 


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1 TITLE I—GRANTS FOR THE 

2 LONG-TERM IMPROVEMENT 

3 OF PUBLIC SCHOOL FACILI4 TIES 

5 SEC. 101. PURPOSE AND RESERVATION. 

6 (a) PURPOSE.—Funds made available under this title 

7 shall be for the purpose of supporting long-term improve8 ments to public school facilities in accordance with this Act. 

9 (b) RESERVATION FOR OUTLYING AREAS AND BU10 REAU-FUNDED SCHOOLS.— 

11 (1) IN GENERAL.—For each of fiscal years 2020 

12 through 2029, the Secretary shall reserve, from the 

13 amount appropriated to carry out this title— 

14 (A) one-half of 1 percent, to make alloca15 tions to the outlying areas in accordance with 

16 paragraph (3); and 

17 (B) one-half of 1 percent, for payments to 

18 the Secretary of the Interior to provide assist19 ance to Bureau-funded schools. 

20 (2) USE OF RESERVED FUNDS.— 

21 (A) IN GENERAL.—Funds reserved under 

22 paragraph (1) shall be used in accordance with 

23 sections 301 through 305. 

24 (B) SPECIAL RULES FOR BUREAU-FUNDED

25 SCHOOLS.— 


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1 (i) APPLICABILITY.—Sections 301 

2 through 305 shall apply to a Bureau-funded 

3 school that receives assistance under para4 graph (1)(B) in the same manner that such 

5 sections apply to a qualified local edu6 cational agency that receives covered funds. 

7 The facilities of a Bureau-funded school 

8 shall be treated as public school facilities for 

9 purposes of the application of such sections. 

10 (ii) TREATMENT OF TRIBALLY OPER11 ATED SCHOOLS.—The Secretary of the Inte12 rior shall provide assistance to Bureau13 funded schools under paragraph (1)(B) 

14 without regard to whether such schools are 

15 operated by the Bureau of Indian Edu16 cation or by an Indian Tribe. In the case 

17 of a Bureau-funded school that is a contract 

18 or grant school (as that term is defined in 

19 section 1141 of the Education Amendments 

20 of 1978 (25 U.S.C. 2021)) operated by an 

21 Indian Tribe, the Secretary of the Interior 

22 shall provide assistance under such para23 graph to the Indian Tribe concerned. 

24 (3) ALLOCATION TO OUTLYING AREAS.—From 

25 the amount reserved under paragraph (1)(A) for a fisVerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865

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1 cal year, the Secretary shall allocate to each outlying 

2 area an amount in proportion to the amount received 

3 by the outlying area under part A of title I of the El4 ementary and Secondary Education Act of 1965 (20 

5 U.S.C. 6311 et seq.) for the previous fiscal year rel6 ative to the total such amount received by all outlying 

7 areas for such previous fiscal year. 

8 SEC. 102. ALLOCATION TO STATES. 

9 (a) ALLOCATION TO STATES.— 

10 (1) STATE-BY-STATE ALLOCATION.—Of the 

11 amount appropriated to carry out this title for each 

12 fiscal year and not reserved under section 101(b), 

13 each State that has a plan approved by the Secretary 

14 under subsection (b) shall be allocated an amount in 

15 proportion to the amount received by all local edu16 cational agencies in the State under part A of title 

17 I of the Elementary and Secondary Education Act of 

18 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal 

19 year relative to the total such amount received by all 

20 local educational agencies in every State that has a 

21 plan approved by the Secretary under subsection (b). 

22 (2) STATE RESERVATION.—A State may reserve 

23 not more than 1 percent of its allocation under para24 graph (1) to carry out its responsibilities under this 

25 Act, which— 


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1 (A) shall include— 

2 (i) providing technical assistance to 

3 local educational agencies, including by— 

4 (I) identifying which State agen5 cies have programs, resources, and ex6 pertise relevant to the activities sup7 ported by the allocation under this sec8 tion; and 

9 (II) coordinating the provision of 

10 technical assistance across such agen11 cies; 

12 (ii) in accordance with the guidance 

13 issued by the Secretary under section 308, 

14 developing an online, publicly searchable 

15 database that contains an inventory of the 

16 infrastructure of all public school facilities 

17 in the State (including the facilities of Bu18 reau-funded schools, as appropriate), in19 cluding, with respect to each such facility, 

20 an identification of— 

21 (I) the information described in 

22 subclauses (I) through (VII) of clause 

23 (vi); 


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1 (II) the age (including an identi2 fication of the date of any retrofits or 

3 recent renovations) of— 

4 (aa) the facility; 

5 (bb) its roof; 

6 (cc) its lighting system; 

7 (dd) its windows; 

8 (ee) its ceilings; 

9 (ff) its plumbing; and 

10 (gg) its heating, ventilation, 

11 and air conditioning system; 

12 (III) fire safety inspection results; 

13 (IV) the proximity of the facilities 

14 to toxic sites or the vulnerability of the 

15 facilities to natural disasters, includ16 ing the extent to which facilities that 

17 are vulnerable to seismic natural disas18 ters are seismically retrofitted; and 

19 (V) any previous inspections 

20 showing the presence of toxic sub21 stances; 

22 (iii) updating the database developed 

23 under clause (ii) not less frequently than 

24 once every 2 years; 


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1 (iv) ensuring that the information in 

2 the database developed under clause (ii)— 

3 (I) is posted on a publicly acces4 sible State website; and 

5 (II) is regularly distributed to 

6 local educational agencies and Tribal 

7 governments in the State; 

8 (v) issuing and reviewing regulations 

9 to ensure the health and safety of students 

10 and staff during construction or renovation 

11 projects; and 

12 (vi) issuing or reviewing regulations to 

13 ensure safe, healthy, and high-performing 

14 school buildings, including regulations gov15 erning— 

16 (I) indoor environmental quality 

17 and ventilation, including exposure to 

18 carbon monoxide, carbon dioxide, lead19 based paint, and other combustion by20 products such as oxides of nitrogen; 

21 (II) mold, mildew, and moisture 

22 control; 

23 (III) the safety of drinking water 

24 at the tap and water used for meal 


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1 preparation, including regulations 

2 that— 

3 (aa) address the presence of 

4 lead and other contaminants in 

5 such water; and 

6 (bb) require the regular test7 ing of the potability of water at 

8 the tap; 

9 (IV) energy and water efficiency; 

10 (V) excessive classroom noise due 

11 to activities allowable under section 

12 301; 

13 (VI) the levels of maintenance 

14 work, operational spending, and cap15 ital investment needed to maintain the 

16 quality of public school facilities; and 

17 (VII) the construction or renova18 tion of such facilities, including appli19 cable building codes; and 

20 (vii) creating a plan to reduce or 

21 eliminate exposure to toxic substances, in22 cluding mercury, radon, PCBs, lead, vapor 

23 intrusions, and asbestos; and 


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1 (B) may include the development of a plan 

2 to increase the number of zero energy schools in 

3 the State. 

4 (b) STATE PLAN.— 

5 (1) IN GENERAL.—To be eligible to receive an al6 location under this section, a State shall submit to the 

7 Secretary a plan that— 

8 (A) describes how the State will use the allo9 cation to make long-term improvements to public 

10 school facilities; 

11 (B) explains how the State will carry out 

12 each of its responsibilities under subsection 

13 (a)(2); 

14 (C) explains how the State will make the 

15 determinations under subsections (b) and (c) of 

16 section 103; 

17 (D) identifies how long, and at what levels, 

18 the State will maintain fiscal effort for the ac19 tivities supported by the allocation after the 

20 State no longer receives the allocation; and 

21 (E) includes such other information as the 

22 Secretary may require. 

23 (2) APPROVAL AND DISAPPROVAL.—The Sec24 retary shall have the authority to approve or dis25 approve a State plan submitted under paragraph (1). 


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1 (c) CONDITIONS.—As a condition of receiving an allo2 cation under this section, a State shall agree to the fol3 lowing: 

4 (1) MATCHING REQUIREMENT.—The State shall 

5 contribute, from non-Federal sources, an amount 

6 equal to 10 percent of the amount of the allocation re7 ceived under this section to carry out the activities 

8 supported by the allocation. 

9 (2) MAINTENANCE OF EFFORT.—The State shall 

10 provide an assurance to the Secretary that the com11 bined fiscal effort or the aggregate expenditures of the 

12 State with respect to the activities supported by the 

13 allocation under this section for fiscal years beginning 

14 with the fiscal year for which the allocation is re15 ceived will be not less than 90 percent of the 5 year 

16 average for total capital outlay of the combined fiscal 

17 effort or aggregate expenditures by the State for the 

18 purposes for which the allocation is received. 

19 (3) SUPPLEMENT NOT SUPPLANT.—The State 

20 shall use an allocation under this section only to sup21 plement the level of Federal, State, and local public 

22 funds that would, in absence of such allocation, be 

23 made available for the activities supported by the al24 location, and not to supplant such funds. 


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1 SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDU2 CATIONAL AGENCIES. 

3 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

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

5 from the amounts allocated to a State under section 

6 102(a) and contributed by the State under section 

7 102(c)(1), the State shall award grants to qualified 

8 local educational agencies, on a competitive basis, to 

9 carry out the activities described in section 301(a). 

10 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

11 State may use up to 10 percent of the amount de12 scribed in paragraph (1) to make grants to qualified 

13 local educational agencies carry out activities to im14 prove digital learning in accordance with section 

15 301(b). 

16 (b) ELIGIBILITY.— 

17 (1) IN GENERAL.—To be eligible to receive a 

18 grant under this section a qualified local educational 

19 agency— 

20 (A) shall be among the local educational 

21 agencies in the State with the highest numbers or 

22 percentages of students counted under section 

23 1124(c) of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6333(c)); 

25 (B) shall agree to prioritize the improve26 ment of the facilities of public schools that serve 


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1 the highest percentages of students who are eligi2 ble for a free or reduced price lunch under the 

3 Richard B. Russell National School Lunch Act 

4 (42 U.S.C. 1751 et seq.) (which, in the case of 

5 a high school, may be calculated using com6 parable data from the schools that feed into the 

7 high school), as compared to other public schools 

8 in the jurisdiction of the agency; and 

9 (C) may be among the local educational 

10 agencies in the State— 

11 (i) with the greatest need to improve 

12 public school facilities, as determined by the 

13 State, which may include consideration of 

14 threats posed by the proximity of the facili15 ties to toxic sites or brownfield sites or the 

16 vulnerability of the facilities to natural dis17 asters; and 

18 (ii) with the most limited capacity to 

19 raise funds for the long-term improvement 

20 of public school facilities, as determined by 

21 an assessment of— 

22 (I) the current and historic abil23 ity of the agency to raise funds for con24 struction, renovation, modernization, 

25 and major repair projects for schools; 


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1 (II) whether the agency has been 

2 able to issue bonds or receive other 

3 funds to support school construction 

4 projects; and 

5 (III) the bond rating of the agen6 cy. 

7 (2) GEOGRAPHIC DISTRIBUTION.—The State 

8 shall ensure that grants under this section are award9 ed to qualified local educational agencies that rep10 resent the geographic diversity of the State. 

11 (3) STATEWIDE THRESHOLDS.—The State shall 

12 establish reasonable thresholds for determining wheth13 er a local educational agency is among agencies in 

14 the State with the highest numbers or percentages of 

15 students counted under section 1124(c) of the Elemen16 tary and Secondary Education Act of 1965 (20 

17 U.S.C. 6333(c)) as required under paragraph (1)(A). 

18 (c) PRIORITY OF GRANTS.—In awarding grants under 

19 this section, the State— 

20 (1) shall give priority to qualified local edu21 cational agencies that— 

22 (A) demonstrate the greatest need for such a 

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1 dicators of need in the public school facilities of 

2 such local educational agencies, including— 

3 (i) the median age of facilities; 

4 (ii) the extent to which student enroll5 ment exceeds physical and instructional ca6 pacity; 

7 (iii) the condition of major building 

8 systems such as heating, ventilation, air 

9 conditioning, electrical, water, and sewer 

10 systems; 

11 (iv) the condition of roofs, windows, 

12 and doors; and 

13 (v) other critical health and safety con14 ditions; and 

15 (B) will use the grant to improve the facili16 ties of— 

17 (i) elementary schools or middle schools 

18 that have an enrollment of students who are 

19 eligible for a free or reduced price lunch 

20 under the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1751 et seq.) 

22 that constitutes not less than 40 percent of 

23 the total student enrollment at such schools; 

24 or 


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1 (ii) high schools that have an enroll2 ment of students who are eligible for a free 

3 or reduced price lunch under such Act that 

4 constitutes not less than 30 percent of the 

5 total student enrollment at such schools 

6 (which may be calculated using comparable 

7 data from the schools that feed into the high 

8 school); and 

9 (C) operate public school facilities that pose 

10 a severe health and safety threat to students and 

11 staff, which may include a threat posed by the 

12 proximity of the facilities to toxic sites or the 

13 vulnerability of the facilities to natural disasters; 

14 and 

15 (2) may give priority to qualified local edu16 cational agencies that— 

17 (A) will use the grant to improve access to 

18 high-speed broadband sufficient to support dig19 ital learning accordance with section 301(b); 

20 (B) serve elementary schools or secondary 

21 schools, including rural schools, that lack such 

22 access; and 

23 (C) meet one or more of the requirements set 

24 forth in subparagraphs (A) through (C) of para25 graph (1). 


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1 (d) APPLICATION.—To be considered for a grant under 

2 this section, a qualified local educational agency shall sub3 mit an application to the State at such time, in such man4 ner, and containing such information as the State may re5 quire. Such application shall include, at minimum— 

6 (1) the information necessary for the State to 

7 make the determinations under subsections (b) and 

8 (c); 

9 (2) a description of the projects that the agency 

10 plans to carry out with the grant; 

11 (3) an explanation of how such projects will re12 duce risks to the health and safety of staff and stu13 dents at schools served by the agency; and 

14 (4) in the case of a local educational agency that 

15 proposes to fund a repair, renovation, or construction 

16 project for a public charter school, the extent to 

17 which— 

18 (A) the public charter school lacks access to 

19 funding for school repair, renovation, and con20 struction through the financing methods avail21 able to other public schools or local educational 

22 agencies in the State; and 

23 (B) the charter school operator owns or has 

24 care and control of the facility that is to be re25 paired, renovated, or constructed. 


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1 (e) FACILITIES MASTER PLAN.— 

2 (1) PLAN REQUIRED.—Not later than 180 days 

3 after receiving a grant under this section, a qualified 

4 local educational agency shall submit to the State a 

5 comprehensive 10-year facilities master plan. 

6 (2) ELEMENTS.—The facilities master plan re7 quired under paragraph (1) shall include, with re8 spect to all public school facilities of the qualified 

9 local educational agency, a description of— 

10 (A) the extent to which public school facili11 ties meet students’ educational needs and sup12 port the agency’s educational mission and vi13 sion; 

14 (B) the physical condition of the public 

15 school facilities; 

16 (C) the current health, safety, and environ17 mental conditions of the public school facilities, 

18 including— 

19 (i) indoor air quality; 

20 (ii) the presence of toxic substances; 

21 (iii) the safety of drinking water at the 

22 tap and water used for meal preparation, 

23 including the level of lead and other con24 taminants in such water; 

25 (iv) energy and water efficiency; 


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1 (v) excessive classroom noise; and 

2 (vi) other health, safety, and environ3 mental conditions that would impact the 

4 health, safety, and learning ability of stu5 dents; 

6 (D) how the local educational agency will 

7 address any conditions identified under subpara8 graph (C); 

9 (E) the impact of current and future stu10 dent enrollment levels (as of the date of applica11 tion) on the design of current and future public 

12 school facilities, as well as the financial implica13 tions of such enrollment levels; 

14 (F) the dollar amount and percentage of 

15 funds the local educational agency will dedicate 

16 to capital construction projects for public school 

17 facilities, including— 

18 (i) any funds in the budget of the agen19 cy that will be dedicated to such projects; 

20 and 

21 (ii) any funds not in the budget of the 

22 agency that will be dedicated to such 

23 projects, including any funds available to 

24 the agency as the result of a bond issue; and 


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1 (G) the dollar amount and percentage of 

2 funds the local educational agency will dedicate 

3 to the maintenance and operation of public 

4 school facilities, including— 

5 (i) any funds in the budget of the agen6 cy that will be dedicated to the maintenance 

7 and operation of such facilities; and 

8 (ii) any funds not in the budget of the 

9 agency that will be dedicated to the mainte10 nance and operation of such facilities. 

11 (3) CONSULTATION.—In developing the facilities 

12 master plan required under paragraph (1)— 

13 (A) a qualified local educational agency 

14 shall consult with teachers, principals and other 

15 school leaders, custodial and maintenance staff, 

16 emergency first responders, school facilities direc17 tors, students and families, community residents, 

18 and Indian Tribes; and 

19 (B) in addition to the consultation required 

20 under subparagraph (A), a Bureau-funded school 

21 shall consult with the Bureau of Indian Edu22 cation. 

23 (f) SUPPLEMENT NOT SUPPLANT.—A qualified local 

24 educational agency shall use a grant received under this 

25 section only to supplement the level of Federal, State, and 


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1 local public funds that would, in the absence of such grant, 

2 be made available for the activities supported by the grant, 

3 and not to supplant such funds. 

4 SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. 

5 (a) IN GENERAL.—Not later than September 30 of 

6 each fiscal year beginning after the date of the enactment 

7 of this Act, the Secretary shall submit to the appropriate 

8 congressional committees a report on the projects carried 

9 out with funds made available under this title. 

10 (b) ELEMENTS.—The report under subsection (a) shall 

11 include, with respect to the fiscal year preceding the year 

12 in which the report is submitted, the following: 

13 (1) An identification of each local educational 

14 agency that received a grant under this title. 

15 (2) With respect to each such agency, a descrip16 tion of— 

17 (A) the demographic composition of the stu18 dent population served by the agency, 

19 disaggregated by— 

20 (i) race; 

21 (ii) the number and percentage of stu22 dents counted under section 1124(c) of the 

23 Elementary and Secondary Education Act 

24 of 1965 (20 U.S.C. 6333(c)); and 


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1 (iii) the number and percentage of stu2 dents who are eligible for a free or reduced 

3 price lunch under the Richard B. Russell 

4 National School Lunch Act (42 U.S.C. 1751 

5 et seq.); 

6 (B) the population density of the geographic 

7 area served by the agency; 

8 (C) the projects for which the agency used 

9 the grant received under this title, described 

10 using measurements of school facility quality 

11 from the most recent available version of the 

12 Common Education Data Standards published 

13 by the National Center for Education Statistics; 

14 (D) the demonstrable or expected benefits of 

15 the projects; and 

16 (E) the estimated number of jobs created by 

17 the projects. 

18 (3) The total dollar amount of all grants received 

19 by local educational agencies under this title. 

20 (c) LEA INFORMATION COLLECTION.—A local edu21 cational agency that receives a grant under this title shall— 

22 (1) annually compile the information described 

23 in subsection (b)(2); 


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1 (2) make the information available to the public, 

2 including by posting the information on a publicly 

3 accessible agency website; and 

4 (3) submit the information to the State. 

5 (d) STATE INFORMATION DISTRIBUTION.—A State 

6 that receives information from a local educational agency 

7 under subsection (c) shall— 

8 (1) compile the information and report it annu9 ally to the Secretary at such time and in such man10 ner as the Secretary may require; 

11 (2) make the information available to the public, 

12 including by posting the information on a publicly 

13 accessible State website; and 

14 (3) regularly distribute the information to local 

15 educational agencies and Tribal governments in the 

16 State. 

17 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated 

19 $7,000,000,000 for each of fiscal years 2020 through 2029 

20 to carry out this title. 

21 TITLE II—SCHOOL 

22 INFRASTRUCTURE BONDS 

23 SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX 

24 CREDIT BONDS. 

25 (a) ALLOWANCE OF CREDIT.— 


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1 (1) IN GENERAL.—Section 54A of the Internal 

2 Revenue Code of 1986, as in effect before repeal by 

3 Public Law 115–97, is restored as if such repeal had 

4 not taken effect. 

5 (2) CREDIT LIMITED TO CERTAIN BONDS.—Sec6 tion 54A(d)(1) of such Code, as restored by para7 graph (1), is amended by striking subparagraphs 

8 (A), (B), and (C). 

9 (b) CREDIT ALLOWED TO ISSUER.— 

10 (1) IN GENERAL.—Section 6431 of the Internal 

11 Revenue Code of 1986, as in effect before repeal by 

12 Public Law 115–97, is restored as if such repeal had 

13 not taken effect. 

14 (2) SCHOOL INFRASTRUCTURE BONDS.—Sec15 tion 6431(f)(3) of such Code, as restored by para16 graph (1), is amended by inserting ‘‘any school in17 frastructure bond (as defined in section 54BB) or’’ 

18 before ‘‘any qualified tax credit bond’’. 

19 (c) QUALIFIED ZONE ACADEMY BONDS.— 

20 (1) IN GENERAL.—Section 54E of the Internal 

21 Revenue Code of 1986, as in effect before repeal by 

22 Public Law 115–97, is restored as if such repeal had 

23 not taken effect. 

24 (2) REMOVAL OF PRIVATE BUSINESS CON25 TRIBUTION REQUIREMENT.—Section 54E of the InVerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H865.RH H865

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1 ternal Revenue Code of 1986, as restored by para2 graph (1), is amended— 

3 (A) in subsection (a)(3), by inserting 

4 ‘‘and’’ at the end of subparagraph (A), by strik5 ing subparagraph (B), and by redesignating 

6 subparagraph (C) as subparagraph (B); 

7 (B) by striking subsection (b); and 

8 (C) in subsection (c)(1)— 

9 (i) by striking ‘‘and $400,000,0000’’ 

10 and inserting ‘‘$400,000,000’’; and 

11 (ii) by striking ‘‘and, except as pro12 vided’’ and all that follows through the pe13 riod at the end and inserting ‘‘, and 

14 $1,400,000,000 for 2020 and each year 

15 thereafter.’’. 

16 (3) CONSTRUCTION OF A PUBLIC SCHOOL FA17 CILITY.—Section 54E(d)(3)(A) of the Internal Rev18 enue Code of 1986, as restored by paragraph (1), is 

19 amended by striking ‘‘rehabilitating or repairing’’ 

20 and inserting ‘‘constructing, rehabilitating, retro21 fitting, or repairing’’. 

22 (d) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to obligations issued after Decem24 ber 31, 2019. 


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1 SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 

2 (a) IN GENERAL.—The Internal Revenue Code of 

3 1986 is amended by inserting after subpart I (as restored 

4 by section 201) of part IV of subchapter A of chapter 1 

5 the following new subpart: 

6 ‘‘Subpart J—School Infrastructure Bonds 

‘‘Sec. 54BB. School infrastructure bonds. 

7 ‘‘SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS. 

8 ‘‘(a) IN GENERAL.—If a taxpayer holds a school in9 frastructure bond on one or more interest payment dates 

10 of the bond during any taxable year, there shall be allowed 

11 as a credit against the tax imposed by this chapter for 

12 the taxable year an amount equal to the sum of the credits 

13 determined under subsection (b) with respect to such 

14 dates. 

15 ‘‘(b) AMOUNT OF CREDIT.—The amount of the credit 

16 determined under this subsection with respect to any in17 terest payment date for a school infrastructure bond is 

18 100 percent of the amount of interest payable by the 

19 issuer with respect to such date. 

20 ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX.— 

21 ‘‘(1) IN GENERAL.—The credit allowed under 

22 subsection (a) for any taxable year shall not exceed 

23 the excess of— 


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1 ‘‘(A) the sum of the regular tax liability 

2 (as defined in section 26(b)) plus the tax im3 posed by section 55, over 

4 ‘‘(B) the sum of the credits allowable 

5 under this part (other than subpart C and this 

6 subpart). 

7 ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the 

8 credit allowable under subsection (a) exceeds the 

9 limitation imposed by paragraph (1) for such taxable 

10 year, such excess shall be carried to the succeeding 

11 taxable year and added to the credit allowable under 

12 subsection (a) for such taxable year (determined be13 fore the application of paragraph (1) for such suc14 ceeding taxable year). 

15 ‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 

16 ‘‘(1) IN GENERAL.—For purposes of this sec17 tion, the term ‘school infrastructure bond’ means 

18 any bond issued as part of an issue if— 

19 ‘‘(A) 100 percent of the available project 

20 proceeds of such issue are to be used for the 

21 purposes described in section 301 of the Re22 build America’s Schools Act of 2019, 

23 ‘‘(B) the interest on such obligation would 

24 (but for this section) be excludable from gross 

25 income under section 103, 


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1 ‘‘(C) the issue meets the requirements of 

2 paragraph (3), and 

3 ‘‘(D) the issuer designates such bond for 

4 purposes of this section. 

5 ‘‘(2) APPLICABLE RULES.—For purposes of ap6 plying paragraph (1)— 

7 ‘‘(A) for purposes of section 149(b), a 

8 school infrastructure bond shall not be treated 

9 as federally guaranteed by reason of the credit 

10 allowed under section 6431(a), 

11 ‘‘(B) for purposes of section 148, the yield 

12 on a school infrastructure bond shall be deter13 mined without regard to the credit allowed 

14 under subsection (a), and 

15 ‘‘(C) a bond shall not be treated as a 

16 school infrastructure bond if the issue price has 

17 more than a de minimis amount (determined 

18 under rules similar to the rules of section 

19 1273(a)(3)) of premium over the stated prin20 cipal amount of the bond. 

21 ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 

22 ‘‘(A) IN GENERAL.—An issue shall be 

23 treated as meeting the requirements of this 

24 paragraph if, as of the date of issuance, the 

25 issuer reasonably expects 100 percent of the 


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1 available project proceeds to be spent for pur2 poses described in section 301 of the Rebuild 

3 America’s Schools Act of 2019 within the 6- 

4 year period beginning on such date of issuance. 

5 ‘‘(B) FAILURE TO SPEND REQUIRED

6 AMOUNT OF BOND PROCEEDS WITHIN 6

7 YEARS.—To the extent that less than 100 per8 cent of the available project proceeds of the 

9 issue are expended at the close of the period de10 scribed in subparagraph (A) with respect to 

11 such issue, the issuer shall redeem all of the 

12 nonqualified bonds within 90 days after the end 

13 of such period. For purposes of this paragraph, 

14 the amount of the nonqualified bonds required 

15 to be redeemed shall be determined in the same 

16 manner as under section 142. 

17 ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES18 IGNATED.—The maximum aggregate face amount of 

19 bonds issued during any calendar year which may be des20 ignated under subsection (d) by any issuer shall not exceed 

21 the limitation amount allocated under subsection (g) for 

22 such calendar year to such issuer. 

23 ‘‘(f) NATIONAL LIMITATION ON AMOUNT OF BONDS

24 DESIGNATED.—The national qualified school infrastruc25 ture bond limitation for each calendar year is— 


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1 ‘‘(1) $10,000,000,000 for 2020, 

2 ‘‘(2) $10,000,000,000 for 2021, and 

3 ‘‘(3) $10,000,000,000 for 2022. 

4 ‘‘(g) ALLOCATION OF LIMITATION.— 

5 ‘‘(1) ALLOCATIONS.— 

6 ‘‘(A) STATES.—After application of sub7 paragraph (B) and paragraph (3)(A), the limi8 tation applicable under subsection (f) for any 

9 calendar year shall be allocated by the Sec10 retary among the States in proportion to the re11 spective amounts received by all local edu12 cational agencies in each State under part A of 

13 title I of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6311 et seq.) for 

15 the previous fiscal year relative to the total such 

16 amount received by all local educational agen17 cies in for the most recent fiscal year ending 

18 before such calendar year. 

19 ‘‘(B) CERTAIN POSSESSIONS.—One-half of 

20 1 percent of the amount of the limitation appli21 cable under subsection (f) for any calendar year 

22 shall be allocated by the Secretary to posses23 sions of the United States other than Puerto 

24 Rico for such calendar year shall be one-half of 

25 1 percent. 


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1 ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita2 tion amount allocated to a State or possession under 

3 paragraph (1) shall be allocated by the State edu4 cational agency (or such other agency as is author5 ized under State law to make such allocation) to 

6 issuers within such State or possession in accord7 ance with the priorities described in section 103(c) 

8 the of the Rebuild America’s Schools Act of 2019 

9 and the eligibility requirements described in section 

10 103(b) of such Act, except that paragraph (1)(C) of 

11 such section shall not apply to the determination of 

12 eligibility for such allocation. 

13 ‘‘(3) ALLOCATIONS FOR INDIAN SCHOOLS.— 

14 ‘‘(A) IN GENERAL.—One-half of 1 percent 

15 of the amount of the limitation applicable under 

16 subsection (f) for any calendar year shall be al17 located by the Secretary to the Secretary of the 

18 Interior for schools funded by the Bureau of In19 dian Affairs for such calendar year. 

20 ‘‘(B) ALLOCATION TO SCHOOLS.—The lim21 itation amount allocated to the Secretary of the 

22 Interior under paragraph (1) shall be allocated 

23 by such Secretary to issuers or schools funded 

24 as described in paragraph (2). In the case of 

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1 tence, Indian tribal governments (as defined in 

2 section 7701(a)(40)) shall be treated as quali3 fied issuers for purposes of this subchapter. 

4 ‘‘(4) DIGITAL LEARNING.—Up to 10 percent of 

5 the limitation amount allocated under paragraph (1) 

6 or (3)(A) may be allocated by the State to issuers 

7 within such State to carry out activities to improve 

8 digital learning in accordance with section 301(b) of 

9 the Rebuild America’s Schools Act of 2019. 

10 ‘‘(h) INTEREST PAYMENT DATE.—For purposes of 

11 this section, the term ‘interest payment date’ means any 

12 date on which the holder of record of the school infrastruc13 ture bond is entitled to a payment of interest under such 

14 bond. 

15 ‘‘(i) SPECIAL RULES.— 

16 ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE

17 BONDS INCLUDIBLE IN GROSS INCOME FOR FED18 ERAL INCOME TAX PURPOSES.—For purposes of this 

19 title, interest on any school infrastructure bond shall 

20 be includible in gross income. 

21 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 

22 similar to the rules of subsections (f), (g), (h), and 

23 (i) of section 54A shall apply for purposes of the 

24 credit allowed under subsection (a).’’. 


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1 (b) TRANSITIONAL COORDINATION WITH STATE

2 LAW.—Except as otherwise provided by a State after the 

3 date of the enactment of this Act, the interest on any 

4 school infrastructure bond (as defined in section 54BB of 

5 the Internal Revenue Code of 1986, as added by this sec6 tion) and the amount of any credit determined under such 

7 section with respect to such bond shall be treated for pur8 poses of the income tax laws of such State as being exempt 

9 from Federal income tax. 

10 (c) APPLICATION OF CERTAIN LABOR STANDARDS

11 TO PROJECTS FINANCED WITH CERTAIN TAX-FAVORED

12 BONDS.— 

13 (1) IN GENERAL.—Subchapter IV of chapter 31 

14 of the title 40, United States Code, shall apply to 

15 projects financed with the proceeds of— 

16 (A) any school infrastructure bond (as de17 fined in section 54BB of the Internal Revenue 

18 Code of 1986); and 

19 (B) any qualified zone academy bond (as 

20 defined in section 54E of the Internal Revenue 

21 Code of 1986) issued after the date of the en22 actment of the American Recovery and Rein23 vestment Tax Act of 2009. 

24 (2) CONFORMING AMENDMENT.—Section 1601 

25 of the American Recovery and Reinvestment Tax 


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1 Act of 2009 is amended by striking paragraph (3) 

2 and redesignating paragraphs (4) and (5) as para3 graphs (3) and (4), respectively. 

4 (d) CLERICAL AMENDMENTS.—The table of subparts 

5 for part IV of subchapter A of chapter 1 of such Code 

6 is amended by adding at the end the following: 

‘‘SUBPART J—SCHOOL INFRASTRUCTURE BONDS’’. 

7 (e) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to obligations issued after Decem9 ber 31, 2019. 

10 SEC. 203. ANNUAL REPORT ON BOND PROGRAM. 

11 (a) IN GENERAL.—Not later than September 30 of 

12 each fiscal year beginning after the date of the enactment 

13 of this Act, the Secretary of the Treasury shall submit 

14 to the appropriate congressional committees a report on 

15 the school infrastructure bond program. 

16 (b) ELEMENTS.—The report under paragraph (1) 

17 shall include, with respect to the fiscal year preceding the 

18 year in which the report is submitted, the following: 

19 (1) An identification of— 

20 (A) each local educational agency that re21 ceived funds from a school infrastructure bond; 

22 and 

23 (B) each local educational agency that was 

24 eligible to receive such funds— 

25 (i) but did not receive such funds; or 


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1 (ii) received less than the maximum 

2 amount of funds for which the agency was 

3 eligible. 

4 (2) With respect to each local educational agen5 cy described in paragraph (1)— 

6 (A) an assessment of the capacity of the 

7 agency to raise funds for the long-term im8 provement of public school facilities, as deter9 mined by an assessment of— 

10 (i) the current and historic ability of 

11 the agency to raise funds for construction, 

12 renovation, modernization, and major re13 pair projects for schools, including the abil14 ity of the agency to raise funds through 

15 imposition of property taxes; 

16 (ii) whether the agency has been able 

17 to issue bonds to fund construction 

18 projects, including— 

19 (I) qualified zone academy bonds 

20 under section 54E of the Internal 

21 Revenue Code of 1986; and 

22 (II) school infrastructure bonds 

23 under section 54BB of the Internal 

24 Revenue Code of 1986; and 

25 (iii) the bond rating of the agency; 


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1 (B) the demographic composition of the 

2 student population served by the agency, 

3 disaggregated by— 

4 (i) race; 

5 (ii) the number and percentage of stu6 dents counted under section 1124(c) of the 

7 Elementary and Secondary Education Act 

8 of 1965 (20 U.S.C. 6333(c)); and 

9 (iii) the number and percentage of 

10 students who are eligible for a free or re11 duced price lunch under the Richard B. 

12 Russell National School Lunch Act (42 

13 U.S.C. 1751 et seq.); 

14 (C) the population density of the geo15 graphic area served by the agency; 

16 (D) a description of the projects carried 

17 out with funds received from school infrastruc18 ture bonds; 

19 (E) a description of the demonstrable or 

20 expected benefits of the projects; and 

21 (F) the estimated number of jobs created 

22 by the projects. 

23 (3) The total dollar amount of all funds re24 ceived by local educational agencies from school in25 frastructure bonds. 


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1 (4) Any other factors that the Secretary of the 

2 Treasury determines to be appropriate. 

3 (c) INFORMATION COLLECTION.—A State or local 

4 educational agency that receives funds from a school infra5 structure bond shall— 

6 (1) annually compile the information necessary 

7 for the Secretary of the Treasury to determine the 

8 elements described in subsection (b); and 

9 (2) report the information to the Secretary of 

10 the Treasury at such time and in such manner as 

11 the Secretary of the Treasury may require. 

12 TITLE III—GENERAL 

13 PROVISIONS 

14 SEC. 301. ALLOWABLE USES OF FUNDS. 

15 (a) IN GENERAL.—Except as provided in section 302, 

16 a local educational agency that receives covered funds may 

17 use such funds to— 

18 (1) develop the facilities master plan required 

19 under section 103(e); 

20 (2) construct, modernize, renovate, or retrofit 

21 public school facilities, which may include seismic 

22 retrofitting for schools vulnerable to seismic natural 

23 disasters; 

24 (3) carry out major repairs of public school fa25 cilities; 


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1 (4) install furniture or fixtures with at least a 

2 10-year life in public school facilities; 

3 (5) construct new public school facilities; 

4 (6) acquire and prepare sites on which new 

5 public school facilities will be constructed; 

6 (7) extend the life of basic systems and compo7 nents of public school facilities; 

8 (8) reduce current or anticipated overcrowding 

9 in public school facilities; 

10 (9) ensure the building envelopes of public 

11 school facilities protect occupants and interiors from 

12 the elements and are structurally sounds and secure; 

13 (10) improve energy and water efficiency to 

14 lower the costs of energy and water consumption in 

15 public school facilities; 

16 (11) improve indoor air quality in public school 

17 facilities; 

18 (12) reduce or eliminate the presence of— 

19 (A) toxins and chemicals, including mer20 cury, radon, PCBs, lead, and asbestos; 

21 (B) mold and mildew; or 

22 (C) rodents and pests; 

23 (13) ensure the safety of drinking water at the 

24 tap and water used for meal preparation in public 

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1 tability of water at the tap for the presence of lead 

2 and other contaminants; 

3 (14) bring public school facilities into compli4 ance with applicable fire, health, and safety codes; 

5 (15) make public school facilities accessible to 

6 people with disabilities through compliance with the 

7 Americans with Disabilities Act of 1990 (42 U.S.C. 

8 12101 et seq.) and section 504 of the Rehabilitation 

9 Act of 1973 (29 U.S.C. 794); 

10 (16) provide instructional program space im11 provements for programs relating to early learning 

12 (including early learning programs operated by part13 ners of the agency), special education, science, tech14 nology, career and technical education, physical edu15 cation, the arts, and literacy (including library pro16 grams); 

17 (17) increase the use of public school facilities 

18 for the purpose of community-based partnerships 

19 that provide students with academic, health, and so20 cial services; 

21 (18) ensure the health of students and staff 

22 during the construction or modernization of public 

23 school facilities; or 

24 (19) reduce or eliminate excessive classroom 

25 noise due to activities allowable under this section. 


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1 (b) ALLOWANCE FOR DIGITAL LEARNING.—A local 

2 educational agency may use funds received under section 

3 103(a)(2) or proceeds from a school infrastructure bond 

4 limitation allocated under section 54BB(g) of the Internal 

5 Revenue Code of 1986 (as added by section 202) to lever6 age existing public programs or public-private partner7 ships to expand access to high-speed broadband sufficient 

8 for digital learning. 

9 SEC. 302. PROHIBITED USES. 

10 A local educational agency that receives covered 

11 funds may not use such funds for— 

12 (1) payment of routine and predictable mainte13 nance costs and minor repairs; 

14 (2) any facility that is primarily used for ath15 letic contests or exhibitions or other events for which 

16 admission is charged to the general public; 

17 (3) vehicles; or 

18 (4) central offices, operation centers, or other 

19 facilities that are not primarily used to educate stu20 dents. 

21 SEC. 303. GREEN PRACTICES. 

22 (a) IN GENERAL.—In a given fiscal year, a local edu23 cational agency that uses covered funds for a new con24 struction project or renovation project shall use not less 

25 than the applicable percentage (as described in subsection 


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1 (b)) of the funds used for such project for construction 

2 or renovation that is certified, verified, or consistent with 

3 the applicable provisions of— 

4 (1) the United States Green Building Council 

5 Leadership in Energy and Environmental Design 

6 green building rating standard (commonly known as 

7 the ‘‘LEED Green Building Rating System’’); 

8 (2) the Living Building Challenge developed by 

9 the International Living Future Institute; 

10 (3) a green building rating program developed 

11 by the Collaborative for High-Performance Schools 

12 (commonly known as ‘‘CHPS’’) that is CHPS13 verified; or 

14 (4) a program that— 

15 (A) has standards that are equivalent to or 

16 more stringent than the standards of a program 

17 described in paragraphs (1) through (3); 

18 (B) is adopted by the State or another ju19 risdiction with authority over the agency; and 

20 (C) includes a verifiable method to dem21 onstrate compliance with such program. 

22 (b) APPLICABLE PERCENTAGE.—The applicable per23 centage described in this subsection is— 

24 (1) for fiscal year 2020, 60 percent; 

25 (2) for fiscal year 2021, 70 percent; 


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1 (3) for fiscal year 2022; 80 percent; 

2 (4) for fiscal year 2023, 90 percent; and 

3 (5) for each of fiscal years 2024 through 2029, 

4 100 percent. 

5 SEC. 304. USE OF AMERICAN IRON, STEEL, AND MANUFAC6 TURED PRODUCTS. 

7 (a) IN GENERAL.—A local educational agency that 

8 receives covered funds shall ensure that any iron, steel, 

9 and manufactured products used in projects carried out 

10 with such funds are produced in the United States. 

11 (b) WAIVER AUTHORITY.— 

12 (1) IN GENERAL.—The Secretary may waive 

13 the requirement of subsection (a) if the Secretary 

14 determines that— 

15 (A) applying subsection (a) would be in16 consistent with the public interest; 

17 (B) iron, steel, and manufactured products 

18 produced in the United States are not produced 

19 in a sufficient and reasonably available amount 

20 or are not of a satisfactory quality; or 

21 (C) using iron, steel, and manufactured 

22 products produced in the United States will in23 crease the cost of the overall project by more 

24 than 25 percent. 


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1 (2) PUBLICATION.—Before issuing a waiver 

2 under paragraph (1), the Secretary shall publish in 

3 the Federal Register a detailed written explanation 

4 of the waiver determination. 

5 (c) CONSISTENCY WITH INTERNATIONAL AGREE6 MENTS.—This section shall be applied in a manner con7 sistent with the obligations of the United States under 

8 international agreements. 

9 (d) DEFINITIONS.—In this section: 

10 (1) PRODUCED IN THE UNITED STATES.—The 

11 term ‘‘produced in the United States’’ means the fol12 lowing: 

13 (A) When used with respect to a manufac14 tured product, the product was manufactured in 

15 the United States and the cost of the compo16 nents of such product that were mined, pro17 duced, or manufactured in the United States 

18 exceeds 60 percent of the total cost of all com19 ponents of the product. 

20 (B) When used with respect to iron or 

21 steel products, or an individual component of a 

22 manufactured product, all manufacturing proc23 esses for such iron or steel products or compo24 nents, from the initial melting stage through 

25 the application of coatings, occurred in the 


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1 United States, except that the term does not in2 clude— 

3 (i) steel or iron material or products 

4 manufactured abroad from semi-finished 

5 steel or iron from the United States; and 

6 (ii) steel or iron material or products 

7 manufactured in the United States from 

8 semi-finished steel or iron of foreign origin. 

9 (2) MANUFACTURED PRODUCT.—The term 

10 ‘‘manufactured product’’ means any construction 

11 material or end product (as such terms are defined 

12 in part 25.003 of the Federal Acquisition Regula13 tion) that is not an iron or steel product, includ14 ing— 

15 (A) electrical components; and 

16 (B) non-ferrous building materials, includ17 ing, aluminum and polyvinylchloride (PVC), 

18 glass, fiber optics, plastic, wood, masonry, rub19 ber, manufactured stone, any other non-ferrous 

20 metals, and any unmanufactured construction 

21 material. 

22 SEC. 305. COMPTROLLER GENERAL REPORT. 

23 (a) IN GENERAL.—Not later than 2 years after the 

24 date of the enactment of this Act, the Comptroller General 

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1 gressional committees a report on the projects carried out 

2 with covered funds. 

3 (b) ELEMENTS.—The report under subsection (a) 

4 shall include an assessment of— 

5 (1) the types of projects carried out with cov6 ered funds; 

7 (2) the geographic distribution of the projects; 

8 (3) an assessment of the impact of the projects 

9 on the health and safety of school staff and stu10 dents; and 

11 (4) how the Secretary or States could make 

12 covered funds more accessible— 

13 (A) to schools with the highest numbers 

14 and percentages of students counted under sec15 tion 1124(c) of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 6333(c)); 

17 and 

18 (B) to schools with fiscal challenges in 

19 raising capital for school infrastructure 

20 projects. 

21 (c) UPDATES.—The Comptroller General shall up22 date and resubmit the report to the appropriate congres23 sional committees— 

24 (1) on a date that is between 5 and 6 years 

25 after the date of the enactment of this Act; and 


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1 (2) on a date that is between 10 and 11 years 

2 after such date of enactment. 

3 SEC. 306. STUDY AND REPORT PHYSICAL CONDITION OF 

4 PUBLIC SCHOOLS. 

5 (a) STUDY AND REPORT.—Not less frequently than 

6 once in each 5-year period beginning after the date of the 

7 enactment of this Act, the Secretary, acting through the 

8 Director of the Institute of Education Sciences, shall— 

9 (1) carry out a comprehensive study of the 

10 physical conditions of all public schools in the 

11 United States; and 

12 (2) submit a report to the appropriate congres13 sional committees that includes that results of the 

14 study. 

15 (b) ELEMENTS.—Each study and report under sub16 section (a) shall include an assessment of— 

17 (1) the effect of school facility conditions on 

18 student and staff health and safety; 

19 (2) the effect of school facility conditions on 

20 student academic outcomes; 

21 (3) the condition of school facilities, set forth 

22 separately by geographic region; 

23 (4) the condition of school facilities for eco24 nomically disadvantaged students as well as students 

25 from major racial and ethnic subgroups; 


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1 (5) the accessibility of school facilities for stu2 dents and staff with disabilities; and 

3 (6) an explanation of any differences observed 

4 with respect to the factors described in paragraphs 

5 (1) through (5) between local educational agencies 

6 that received covered funds and agencies that did 

7 not receive such funds. 

8 SEC. 307. DEVELOPMENT OF DATA STANDARDS. 

9 (a) DATA STANDARDS.—Not later than 120 days 

10 after the date of the enactment of this Act, the Secretary, 

11 in consultation with the officials described in subsection 

12 (b), shall— 

13 (1) identify the data that States should collect 

14 and include in the databases developed under section 

15 102(a)(2)(B); 

16 (2) develop standards for the measurement of 

17 such data; and 

18 (3) issue guidance to States concerning the col19 lection and measurement of such data. 

20 (b) OFFICIALS.—The officials described in this sub21 section are— 

22 (1) the Administrator of the Environmental 

23 Protection Agency; 

24 (2) the Secretary of Energy; 


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1 (3) the Director of the Centers for Disease 

2 Control and Prevention; and 

3 (4) the Director of the National Institute for 

4 Occupational Safety and Health. 

5 SEC. 308. INFORMATION CLEARINGHOUSE. 

6 (a) IN GENERAL.—Not later than 120 days after the 

7 date of the enactment of this Act, the Secretary shall es8 tablish a clearinghouse to disseminate information on Fed9 eral programs and financing mechanisms that may be 

10 used to assist schools in initiating, developing, and financ11 ing— 

12 (1) energy efficiency projects; 

13 (2) distributed generation projects; and 

14 (3) energy retrofitting projects. 

15 (b) ELEMENTS.—In carrying out subsection (a), the 

16 Secretary shall— 

17 (1) consult with the officials described in sec18 tion 307(b) to develop a list of Federal programs 

19 and financing mechanisms to be included in the 

20 clearinghouse; and 

21 (2) coordinate with such officials to develop a 

22 collaborative education and outreach effort to 

23 streamline communications and promote the Federal 

24 programs and financing mechanisms included in the 

25 clearinghouse, which may include the development 


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1 and maintenance of a single online resource that in2 cludes contact information for relevant technical as3 sistance that may be used by States, local edu4 cational agencies, and schools to effectively access 

5 and use such Federal programs and financing mech6 anisms. 

7 TITLE IV—IMPACT AID 

8 CONSTRUCTION 

9 SEC. 401. TEMPORARY INCREASE IN FUNDING FOR IMPACT 

10 AID CONSTRUCTION. 

11 Section 7014(d) of the Elementary and Secondary 

12 Education Act of 1965 (20 U.S.C. 7714(d)) is amended 

13 to read as follows: 

14 ‘‘(d) CONSTRUCTION.—For the purpose of carrying 

15 out section 7007, there are authorized to be appro16 priated— 

17 ‘‘(1) $18,756,765 for fiscal year 2020; 

18 ‘‘(2) $50,406,000 for each of fiscal years 2021 

19 and 2022; and 

20 ‘‘(3) $52,756,765 for fiscal year 2023.’’. 


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1 TITLE III—GENERAL 

2 PROVISIONS 

3 SEC. 301. ALLOWABLE USES OF FUNDS. 

4 (a) IN GENERAL.—Except as provided in section 302, 

5 a local educational agency that receives covered funds may 

6 use such funds to— 

7 (1) develop the facilities master plan required 

8 under section 103(e); 

9 (2) construct, modernize, renovate, or retrofit 

10 public school facilities, which may include seismic 

11 retrofitting for schools vulnerable to seismic natural 

12 disasters; 

13 (3) carry out major repairs of public school fa14 cilities; 

15 (4) install furniture or fixtures with at least a 

16 10-year life in public school facilities; 

17 (5) construct new public school facilities; 

18 (6) acquire and prepare sites on which new pub19 lic school facilities will be constructed; 

20 (7) extend the life of basic systems and compo21 nents of public school facilities; 

22 (8) ensure current or anticipated enrollment does 

23 not exceed the physical and instructional capacity of 

24 public school facilities; 


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1 (9) ensure the building envelopes and interiors of 

2 public school facilities protect occupants from natural 

3 elements and human threats, and are structurally 

4 sound and secure; 

5 (10) compose building design plans that 

6 strengthen the safety and security on school premises 

7 by utilizing design elements, principles, and tech8 nology that— 

9 (A) guarantee layers of security throughout 

10 the school premises; and 

11 (B) uphold the aesthetics of the school prem12 ises as a learning and teaching environment; 

13 (11) improve energy and water efficiency to 

14 lower the costs of energy and water consumption in 

15 public school facilities; 

16 (12) improve indoor air quality in public school 

17 facilities; 

18 (13) reduce or eliminate the presence of— 

19 (A) toxic substances, including mercury, 

20 radon, PCBs, lead, and asbestos; 

21 (B) mold and mildew; or 

22 (C) rodents and pests; 

23 (14) ensure the safety of drinking water at the 

24 tap and water used for meal preparation in public 

25 school facilities, which may include testing of the poVerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865

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1 tability of water at the tap for the presence of lead 

2 and other contaminants; 

3 (15) bring public school facilities into compli4 ance with applicable fire, health, and safety codes; 

5 (16) make public school facilities accessible to 

6 people with disabilities through compliance with the 

7 Americans with Disabilities Act of 1990 (42 U.S.C. 

8 12101 et seq.) and section 504 of the Rehabilitation 

9 Act of 1973 (29 U.S.C. 794); 

10 (17) provide instructional program space im11 provements for programs relating to early learning 

12 (including early learning programs operated by part13 ners of the agency), special education, science, tech14 nology, career and technical education, physical edu15 cation, music, the arts, and literacy (including li16 brary programs); 

17 (18) increase the use of public school facilities for 

18 the purpose of community-based partnerships that 

19 provide students with academic, health, and social 

20 services; 

21 (19) ensure the health of students and staff dur22 ing the construction or modernization of public school 

23 facilities; or 

24 (20) reduce or eliminate excessive classroom 

25 noise due to activities allowable under this section. 


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1 (b) ALLOWANCE FOR DIGITAL LEARNING.—A local 

2 educational agency may use funds received under section 

3 103(a)(2) or proceeds from a school infrastructure bond lim4 itation allocated under section 54BB(g) of the Internal Rev5 enue Code of 1986 (as added by section 202) to leverage 

6 existing public programs or public-private partnerships to 

7 expand access to high-speed broadband sufficient for digital 

8 learning. 

9 SEC. 302. PROHIBITED USES. 

10 A local educational agency that receives covered funds 

11 may not use such funds for— 

12 (1) payment of routine and predictable mainte13 nance costs and minor repairs; 

14 (2) any facility that is primarily used for ath15 letic contests or exhibitions or other events for which 

16 admission is charged to the general public; 

17 (3) vehicles; or 

18 (4) central offices, operation centers, or other fa19 cilities that are not primarily used to educate stu20 dents. 

21 SEC. 303. REQUIREMENTS FOR HAZARD-RESISTANCE AND 

22 ENERGY AND WATER CONSERVATION. 

23 A local educational agency that receives covered funds 

24 shall ensure that any new construction, modernization, or 


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1 renovation project carried out with such funds meets or ex2 ceeds the requirements of the following: 

3 (1) Requirements for such projects set forth in 

4 the most recent published edition of a nationally rec5 ognized, consensus-based model building code. 

6 (2) Requirements for such projects set forth in 

7 the most recent published edition of a nationally rec8 ognized, consensus-based model energy conservation 

9 code. 

10 (3) Performance criteria under the WaterSense 

11 program, established under section 324B of the of the 

12 Energy Policy and Conservation Act (42 U.S.C. 

13 6294b), applicable to such projects within a nation14 ally recognized, consensus-based model code. 

15 SEC. 304. GREEN PRACTICES. 

16 (a) IN GENERAL.—In a given fiscal year, a local edu17 cational agency that uses covered funds for a new construc18 tion project or renovation project shall use not less than 

19 the applicable percentage (as described in subsection (b)) 

20 of the funds used for such project for construction or renova21 tion that is certified, verified, or consistent with the appli22 cable provisions of— 

23 (1) the United States Green Building Council 

24 Leadership in Energy and Environmental Design 


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1 green building rating standard (commonly known as 

2 the ‘‘LEED Green Building Rating System’’); 

3 (2) the Living Building Challenge developed by 

4 the International Living Future Institute; 

5 (3) a green building rating program developed 

6 by the Collaborative for High-Performance Schools 

7 (commonly known as ‘‘CHPS’’) that is CHPS8 verified; 

9 (4) the International Green Construction Code; 

10 or 

11 (5) a program that— 

12 (A) has standards that are equivalent to or 

13 more stringent than the standards of a program 

14 described in paragraphs (1) through (3); 

15 (B) is adopted by the State or another juris16 diction with authority over the agency; and 

17 (C) includes a verifiable method to dem18 onstrate compliance with such program. 

19 (b) APPLICABLE PERCENTAGE.—The applicable per20 centage described in this subsection is— 

21 (1) for fiscal year 2020, 60 percent; 

22 (2) for fiscal year 2021, 70 percent; 

23 (3) for fiscal year 2022; 80 percent; 

24 (4) for fiscal year 2023, 90 percent; and 


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1 (5) for each of fiscal years 2024 through 2029, 

2 100 percent. 

3 SEC. 305. USE OF AMERICAN IRON, STEEL, AND MANUFAC4 TURED PRODUCTS. 

5 (a) IN GENERAL.—A local educational agency that re6 ceives covered funds shall ensure that any iron, steel, and 

7 manufactured products used in projects carried out with 

8 such funds are produced in the United States. 

9 (b) WAIVER AUTHORITY.— 

10 (1) IN GENERAL.—The Secretary may waive the 

11 requirement of subsection (a) if the Secretary deter12 mines that— 

13 (A) applying subsection (a) would be incon14 sistent with the public interest; 

15 (B) iron, steel, and manufactured products 

16 produced in the United States are not produced 

17 in a sufficient and reasonably available amount 

18 or are not of a satisfactory quality; or 

19 (C) using iron, steel, and manufactured 

20 products produced in the United States will in21 crease the cost of the overall project by more than 

22 25 percent. 

23 (2) PUBLICATION.—Before issuing a waiver 

24 under paragraph (1), the Secretary shall publish in 


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1 the Federal Register a detailed written explanation of 

2 the waiver determination. 

3 (c) CONSISTENCY WITH INTERNATIONAL AGREE4 MENTS.—This section shall be applied in a manner con5 sistent with the obligations of the United States under inter6 national agreements. 

7 (d) DEFINITIONS.—In this section: 

8 (1) PRODUCED IN THE UNITED STATES.—The 

9 term ‘‘produced in the United States’’ means the fol10 lowing: 

11 (A) When used with respect to a manufac12 tured product, the product was manufactured in 

13 the United States and the cost of the components 

14 of such product that were mined, produced, or 

15 manufactured in the United States exceeds 60 

16 percent of the total cost of all components of the 

17 product. 

18 (B) When used with respect to iron or steel 

19 products, or an individual component of a man20 ufactured product, all manufacturing processes 

21 for such iron or steel products or components, 

22 from the initial melting stage through the appli23 cation of coatings, occurred in the United States, 

24 except that the term does not include— 


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1 (i) steel or iron material or products 

2 manufactured abroad from semi-finished 

3 steel or iron from the United States; and 

4 (ii) steel or iron material or products 

5 manufactured in the United States from 

6 semi-finished steel or iron of foreign origin. 

7 (2) MANUFACTURED PRODUCT.—The term ‘‘man8 ufactured product’’ means any construction material 

9 or end product (as such terms are defined in part 

10 25.003 of the Federal Acquisition Regulation) that is 

11 not an iron or steel product, including— 

12 (A) electrical components; and 

13 (B) non-ferrous building materials, includ14 ing, aluminum and polyvinylchloride (PVC), 

15 glass, fiber optics, plastic, wood, masonry, rub16 ber, manufactured stone, any other non-ferrous 

17 metals, and any unmanufactured construction 

18 material. 

19 SEC. 306. COMPTROLLER GENERAL REPORT. 

20 (a) IN GENERAL.—Not later than 2 years after the 

21 date of the enactment of this Act, the Comptroller General 

22 of the United States shall submit to the appropriate con23 gressional committees a report on the projects carried out 

24 with covered funds. 


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1 (b) ELEMENTS.—The report under subsection (a) shall 

2 include an assessment of— 

3 (1) State activities, including— 

4 (A) the types of public school facilities data 

5 collected by each State, if any; 

6 (B) technical assistance with respect to pub7 lic school facilities provided by each State, if 

8 any; 

9 (C) future plans of each State with respect 

10 to public school facilities; 

11 (D) criteria used by each State to determine 

12 high-need students and facilities for purposes of 

13 the projects carried out with covered funds; and 

14 (E) whether the State issued new regula15 tions to ensure the health and safety of students 

16 and staff during construction or renovation 

17 projects or to ensure safe, healthy, and high-per18 forming school buildings; 

19 (2) the types of projects carried out with covered 

20 funds, including— 

21 (A) the square footage of the improvements 

22 made with covered funds; 

23 (B) the total cost of each such project; and 

24 (C) the cost described in subparagraph (B), 

25 disaggregated by, with respect to such project, the 


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1 cost of planning, design, construction, site pur2 chase, and improvements; 

3 (3) the geographic distribution of the projects; 

4 (4) the demographic composition of the student 

5 population served by the projects, disaggregated by— 

6 (A) race; 

7 (B) the number and percentage of students 

8 counted under section 1124(c) of the Elementary 

9 and Secondary Education Act of 1965 (20 USC 

10 6333(c)); and 

11 (C) the number and percentage of students 

12 who are eligible for a free or reduced price lunch 

13 under the Richard B. Russell National School 

14 Lunch Act (42 USC 1751 et seq.); 

15 (5) an assessment of the impact of the projects on 

16 the health and safety of school staff and students; and 

17 (6) how the Secretary or States could make cov18 ered funds more accessible— 

19 (A) to schools with the highest numbers and 

20 percentages of students counted under section 

21 1124(c) of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6333(c)); and 

23 (B) to schools with fiscal challenges in rais24 ing capital for school infrastructure projects. 


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1 (c) UPDATES.—The Comptroller General shall update 

2 and resubmit the report to the appropriate congressional 

3 committees— 

4 (1) on a date that is between 5 and 6 years after 

5 the date of the enactment of this Act; and 

6 (2) on a date that is between 10 and 11 years 

7 after such date of enactment. 

8 SEC. 307. STUDY AND REPORT PHYSICAL CONDITION OF 

9 PUBLIC SCHOOLS. 

10 (a) STUDY AND REPORT.—Not less frequently than 

11 once in each 5-year period beginning after the date of the 

12 enactment of this Act, the Secretary, acting through the Di13 rector of the Institute of Education Sciences, shall— 

14 (1) carry out a comprehensive study of the phys15 ical conditions of all public schools in the 50 States, 

16 the District of Columbia, the Commonwealth of Puer17 to Rico, the United States Virgin Islands, Guam, 

18 American Samoa, and the Commonwealth of the 

19 Northern Mariana Islands; and 

20 (2) submit a report to the appropriate congres21 sional committees that includes the results of the 

22 study. 

23 (b) ELEMENTS.—Each study and report under sub24 section (a) shall include— 

25 (1) an assessment of— 


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1 (A) the effect of school facility conditions on 

2 student and staff health and safety; 

3 (B) the effect of school facility conditions on 

4 student academic outcomes; 

5 (C) the condition of school facilities, set 

6 forth separately by geographic region; 

7 (D) the condition of school facilities for eco8 nomically disadvantaged students as well as stu9 dents from major racial and ethnic subgroups; 

10 (E) the accessibility of school facilities for 

11 students and staff with disabilities; 

12 (F) the prevalence of school facilities at 

13 which student enrollment exceeds the physical 

14 and instructional capacity of the facility and the 

15 effect of such excess enrollment on instructional 

16 quality and delivery of school wraparound serv17 ices; 

18 (G) the condition of school facilities affected 

19 by natural disasters; 

20 (H) the effect that projects carried out with 

21 covered funds have on the communities in which 

22 such projects are conducted, including the vital23 ity, jobs, population, and economy of such com24 munities; and 


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1 (I) the ability of building envelopes and in2 teriors of public school facilities to protect occu3 pants from natural elements and human threats; 

4 (2) an explanation of any differences observed 

5 with respect to the factors described in subparagraphs 

6 (A) through (H) of paragraph (1); and 

7 (3) a cost estimate for bringing school facilities 

8 to a state of good repair, as determined by the Sec9 retary. 

10 SEC. 308. DEVELOPMENT OF DATA STANDARDS. 

11 (a) DATA STANDARDS.—Not later than 120 days after 

12 the date of the enactment of this Act, the Secretary, in con13 sultation with the officials described in subsection (b), 

14 shall— 

15 (1) identify the data that States should collect 

16 and include in the databases developed under section 

17 102(a)(2)(A)(ii); 

18 (2) develop standards for the measurement of 

19 such data; and 

20 (3) issue guidance to States concerning the col21 lection and measurement of such data. 

22 (b) OFFICIALS.—The officials described in this sub23 section are— 

24 (1) the Administrator of the Environmental Pro25 tection Agency; 


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1 (2) the Secretary of Energy; 

2 (3) the Director of the Centers for Disease Con3 trol and Prevention; and 

4 (4) the Director of the National Institute for Oc5 cupational Safety and Health. 

6 SEC. 309. INFORMATION CLEARINGHOUSE. 

7 (a) IN GENERAL.—Not later than 120 days after the 

8 date of the enactment of this Act, the Secretary shall estab9 lish a clearinghouse to disseminate information on Federal 

10 programs and financing mechanisms that may be used to 

11 assist schools in initiating, developing, and financing— 

12 (1) energy efficiency projects; 

13 (2) distributed generation projects; and 

14 (3) energy retrofitting projects. 

15 (b) ELEMENTS.—In carrying out subsection (a), the 

16 Secretary shall— 

17 (1) consult with the officials described in section 

18 308(b) to develop a list of Federal programs and fi19 nancing mechanisms to be included in the clearing20 house; and 

21 (2) coordinate with such officials to develop a 

22 collaborative education and outreach effort to stream23 line communications and promote the Federal pro24 grams and financing mechanisms included in the 

25 clearinghouse, which may include the development 


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1 and maintenance of a single online resource that in2 cludes contact information for relevant technical as3 sistance that may be used by States, outlying areas, 

4 local educational agencies, and Bureau-funded schools 

5 effectively access and use such Federal programs and 

6 financing mechanisms. 

7 SEC. 310. PROHIBITION ON USE OF FUNDS FOR FACILITIES 

8 OF FOR-PROFIT CHARTER SCHOOLS. 

9 No covered funds may be used for the facilities of a 

10 public charter school that is operated by a for-profit entity. 

11 SEC. 311. PROHIBITION ON USE OF FUNDS FOR CERTAIN 

12 CHARTER SCHOOLS. 

13 No covered funds may be used for the facilities of a 

14 public charter school if— 

15 (1) the school leases the facilities from an indi16 vidual or private sector entity; and 

17 (2) such individual, or an individual with a di18 rect or indirect financial interest in such entity, has 

19 a management or governance role in such school. 

20 SEC. 312. SENSE OF CONGRESS ON OPPORTUNITY ZONES. 

21 (a) FINDINGS.—The Congress finds as follows: 

22 (1) Opportunity Zones were championed by 

23 prominent leaders of both parties as an innovative 

24 way to tackle longstanding challenges. 


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1 (2) As of December 2018, 8,763 low-income com2 munities had been designated as Opportunity Zones, 

3 representing all 50 States, the District of Columbia, 

4 Pue1io Rico, the U.S. Virgin Islands, and American 

5 Samoa. 

6 (3) Schools are integral parts of communities, 

7 and a key part of communities’ economic and work 

8 force development efforts could be modernizing school 

9 facilities. 

10 (b) SENSE OF CONGRESS.—lt is the sense of the Con11 gress that opportunity zones, when combined with public 

12 infrastructure investment, can provide an innovative ap13 proach to capital financing that has the potential to un14 leash creativity and help local communities rebuild schools, 

15 rebuild economics, and get people back to work. 

16 TITLE IV—IMPACT AID 

17 CONSTRUCTION 

18 SEC. 401. TEMPORARY INCREASE IN FUNDING FOR IMPACT 

19 AID CONSTRUCTION. 

20 Section 7014(d) of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 7714(d)) is amended to 

22 read as follows: 

23 ‘‘(d) CONSTRUCTION.—For the purpose of carrying out 

24 section 7007, there are authorized to be appropriated 

25 $100,000,000 for each of fiscal years 2020 through 2024.’’. 


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1 TITLE V—ASSISTANCE FOR RE2 PAIR OF SCHOOL FOUNDA3 TIONS AFFECTED BY 

4 PYRRHOTITE 

5 SEC. 501. ALLOCATIONS TO STATES. 

6 (a) IN GENERAL.—Beginning not later than 180 days 

7 after the date of the enactment of this Act, the Secretary 

8 shall carry out a program under which the Secretary makes 

9 allocations to States to pay the Federal share of the costs 

10 of making grants to local educational agencies under section 

11 502. 

12 (b) WEBSITE.—Not later than 180 days after the date 

13 of enactment of this Act, the Secretary shall publish, on a 

14 publicly accessible website of the Department of Education, 

15 instructions describing how a State may receive an alloca16 tion under this section. 

17 SEC. 502. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

18 (a) IN GENERAL.—From the amounts allocated to a 

19 State under section 501(a) and contributed by the State 

20 under subsection (e)(2), the State shall award grants to 

21 local educational agencies— 

22 (1) to pay the future costs of repairing concrete 

23 school foundations damaged by the presence of 

24 pyrrhotite; or 


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1 (2) to reimburse such agencies for costs incurred 

2 by the agencies in making such repairs in the five3 year period preceding the date of enactment of this 

4 Act. 

5 (b) LOCAL EDUCATIONAL AGENCY ELIGIBLITY.— 

6 (1) ELIGIBLITY FOR GRANTS FOR FUTURE RE7 PAIRS.—To be eligible to receive a grant under sub8 section (a)(1), a local educational agency shall— 

9 (A) with respect to each school for which the 

10 agency seeks to use grant funds, demonstrate to 

11 the State that— 

12 (i) the school is a pyrrhotite-affected 

13 school; and 

14 (ii) any laboratory tests, core tests, and 

15 visual inspections of the school’s foundation 

16 used to determine that the school is a 

17 pyrrhotite-affected school were conducted— 

18 (I) by a professional engineer li19 censed in the State in which the school 

20 is located; and 

21 (II) in accordance with applicable 

22 State standards or standards approved 

23 by any independent, non-profit, or pri24 vate entity authorized by the State to 

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1 cial relief efforts for damaged building 

2 foundations; and 

3 (B) provide an assurance that— 

4 (i) the local educational agency will 

5 use the grant only for the allowable uses de6 scribed in subsection (f)(1); and 

7 (ii) all work funded with the grant will 

8 be conducted by a qualified contractor or 

9 architect licensed in the State. 

10 (2) ELIGIBLITY FOR REIMBURSEMENT GRANTS.— 

11 To be eligible to receive a grant under subsection 

12 (a)(2), a local educational agency shall demonstrate 

13 that it met the requirements of paragraph (1) at the 

14 time it carried out the project for which the agency 

15 seeks reimbursement. 

16 (c) APPLICATION.— 

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

18 that seeks a grant under this section shall submit to 

19 the State an application at such time, in such man20 ner, and containing such information as the State 

21 may require, which upon approval by the State under 

22 subsection (d)(1)(A), the State shall submit to the Sec23 retary for approval under subsection (d)(1)(B). 

24 (2) CONTENTS.—At minimum, each application 

25 shall include— 


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1 (A) information and documentation suffi2 cient to enable the State to determine if the local 

3 educational agency meets the eligibility criteria 

4 under subsection (b); 

5 (B) in the case of an agency seeking a grant 

6 under subsection (a)(1), an estimate of the costs 

7 of carrying out the activities described in sub8 section (f); 

9 (C) in the case of an agency seeking a grant 

10 under subsection (a)(2)— 

11 (i) an itemized explanation of— 

12 (I) the costs incurred by the agen13 cy in carrying out any activities de14 scribed subsection (f); 

15 (II) any amounts contributed 

16 from other Federal, State, local, or pri17 vate sources for such activities; and 

18 (ii) the amount for which the local 

19 educational agency seeks reimbursement; 

20 and 

21 (D) the percentage of any costs described in 

22 subparagraph (B) or (C) that are covered by an 

23 insurance policy. 

24 (d) APPROVAL AND DISBURSEMENT.— 

25 (1) APPROVAL.— 


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1 (A) STATE.—The State shall approve the 

2 application of each local educational agency for 

3 submission to the Secretary that— 

4 (i) submits a complete and correct ap5 plication under subsection (c); and 

6 (ii) meets the criteria for eligibility 

7 under subsection (b). 

8 (B) SECRETARY.—Not later than 60 days 

9 after receiving an application of a local edu10 cational agency submitted by a State under sub11 section (c)(1), the Secretary shall— 

12 (i) approve such application, in a case 

13 in which the Secretary determines that such 

14 application meets the requirements of sub15 paragraph (A); or 

16 (ii) deny such application, in the case 

17 of an application that does not meet such 

18 requirements. 

19 (2) DISBURSEMENT.— 

20 (A) ALLOCATION.—The Secretary shall dis21 burse an allocation to a State not later than 60 

22 days after the date on which the Secretary ap23 proves an application under paragraph (1)(B). 

24 (B) GRANT.—The State shall disburse grant 

25 funds to a local educational agency not later 


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1 than 60 days after the date on which the State 

2 receives an allocation under subparagraph (A). 

3 (e) FEDERAL AND STATE SHARE.— 

4 (1) FEDERAL SHARE.—The Federal share of each 

5 grant under this section shall be an amount that is 

6 not more than 50 percent of the total cost of the 

7 project for which the grant is awarded. 

8 (2) STATE SHARE.— 

9 (A) IN GENERAL.—Subject to subparagraph 

10 (B), the State share of each grant under this sec11 tion shall be an amount that is not less than 40 

12 percent of the total cost of the project for which 

13 the grant is awarded, which the State shall con14 tribute from non-Federal sources. 

15 (B) SPECIAL RULE FOR REIMBURSEMENT

16 GRANTS.—In the case of a reimbursement grant 

17 made to a local educational agency under sub18 section (a)(2) a State shall be treated as meeting 

19 the requirement of subparagraph (A) if the State 

20 demonstrates that it contributed, from non-Fed21 eral sources, not less than 40 percent of the total 

22 cost of the project for which the reimbursement 

23 grant is awarded. 

24 (f) USES OF FUNDS.— 


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1 (1) ALLOWABLE USES OF FUNDS.—A local edu2 cational agency that receives a grant under this sec3 tion shall use such grant only for costs associated 

4 with— 

5 (A) the repair or replacement of the concrete 

6 foundation or other affected areas of a 

7 pyrrhotite-affected school in the jurisdiction of 

8 such agency to the extent necessary— 

9 (i) to restore the structural integrity of 

10 the school to the safety and health standards 

11 established by the professional licensed engi12 neer or architect associated with the project; 

13 and 

14 (ii) to restore the school to the condi15 tion it was in before the school’s foundation 

16 was damaged due to the presence of 

17 pyrrhotite; and 

18 (B) engineering reports, architectural de19 sign, core tests, and other activities directly re20 lated to the repair or replacement project. 

21 (2) PROHIBITED USES OF FUNDS.—A local edu22 cational agency that receives a grant under this sec23 tion may not use the grant for any costs associated 

24 with— 


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1 (A) work done to outbuildings, sheds, or 

2 barns, swimming pools (whether in-ground or 

3 above-ground), playgrounds or ballfields, or any 

4 ponds or water features; 

5 (B) the purchase of items not directly asso6 ciated with the repair or replacement of the 

7 school building or its systems, including items 

8 such as desks, chairs, electronics, sports equip9 ment, or other school supplies; or 

10 (C) any other activities not described in 

11 paragraph (1). 

12 (g) LIMITATION.—A local educational agency may not, 

13 for the same project, receive a grant under both— 

14 (1) this section; and 

15 (2) title I. 

16 SEC. 503. DEFINITIONS. 

17 In this title: 

18 (1) PYRRHOTITE-AFFECTED SCHOOL.—The term 

19 ‘‘pyrrhotite-affected school’’ means an elementary 

20 school or a secondary school that meets the following 

21 criteria: 

22 (A) The school has a concrete foundation. 

23 (B) Pyrrhotite is present in the school’s con24 crete foundation, as demonstrated by a 


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1 petrographic or other type of laboratory core 

2 analysis or core inspection. 

3 (C) A visual inspection of the school’s con4 crete foundation indicates that the presence of 

5 pyrrhotite is causing the foundation to deterio6 rate at an unsafe rate. 

7 (D) A qualified engineer determined that 

8 the deterioration of the school’s foundation, due 

9 to the presence of pyrrhotite— 

10 (i) caused the school to become struc11 turally unsound; or 

12 (ii) will result in the school becoming 

13 structurally unsound within the next five 

14 years. 

15 (2) QUALIFIED CONTRACTOR.—The term ‘‘quali16 fied contractor’’ means a contractor who is qualified 

17 under State law, or approved by any State agency or 

18 other State-sanctioned independent or nonprofit enti19 ty, to repair or replace residential or commercial 

20 building foundations that are deteriorating due to the 

21 presence of pyrrhotite. 

22 SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to carry out 

24 this title such sums as may be necessary for fiscal year 2020 

25 and each fiscal year thereafter. 


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Union Calendar No. 567 

116TH CONGRESS 

2D SESSION H. R. 865 

[Report No. 116–684, Part I] 

A BILL 

To provide for the long-term improvement of public 

school facilities, and for other purposes. 

DECEMBER 21, 2020 

Reported from the Committee on Education and Labor 

with amendments 

DECEMBER 21, 2020 

Committee on Ways and Means discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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