I 

116TH CONGRESS 

1ST SESSION H. R. 865 

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, Mrs. 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, 

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


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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 

A BILL 

To provide for the long-term improvement of public school 

facilities, and for other purposes. 

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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Education and 

6 Labor of the House of Representatives and the Com7 mittee on Health, Education, Labor and Pensions of 

8 the Senate. 

9 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu10 reau-funded school’’ has the meaning given that 

11 term in section 1141 of the Education Amendments 

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

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

14 funds’’ means funds received— 

15 (A) under title I of this Act; 

16 (B) from a school infrastructure bond; or 

17 (C) from a qualified zone academy bond 

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


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1 Internal Revenue Code of 1986 (as restored by 

2 section 201)). 

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

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

5 have the meanings given those terms in section 8101 

6 of the Elementary and Secondary Education Act of 

7 1965 (20 U.S.C. 7801). 

8 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

10 that term in section 8101 of the Elementary and 

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

12 except that such term does not include a Bureau13 funded school. 

14 (6) PUBLIC SCHOOL FACILITIES.—The term 

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

16 public elementary school or a public secondary 

17 school. 

18 (7) QUALIFIED LOCAL EDUCATIONAL AGEN19 CY.—The term ‘‘qualified local educational agency’’ 

20 means a local educational agency that receives funds 

21 under part A of title I of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 6311 et 

23 seq.). 

24 (8) SCHOOL INFRASTRUCTURE BOND.—The 

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


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1 given such term in section 54BB of the Internal 

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

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

4 the Secretary of Education. 

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

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

7 Commonwealth of Puerto Rico. 

8 TITLE I—GRANTS FOR THE 

9 LONG-TERM IMPROVEMENT 

10 OF PUBLIC SCHOOL FACILI11 TIES 

12 SEC. 101. PURPOSE AND RESERVATION. 

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

14 shall be for the purpose of supporting long-term improve15 ments to public school facilities in accordance with this 

16 Act. 

17 (b) RESERVATION FOR OUTLYING AREAS AND BU18 REAU-FUNDED SCHOOLS.— 

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

20 2020 through 2029, the Secretary shall reserve, 

21 from the amount appropriated to carry out this 

22 title— 

23 (A) one-half of 1 percent, to provide assist24 ance to the outlying areas; and 


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

2 the Secretary of the Interior to provide assist3 ance to Bureau-funded schools. 

4 (2) USE OF RESERVED FUNDS.— 

5 (A) IN GENERAL.—Funds reserved under 

6 paragraph (1) shall be used in accordance with 

7 sections 301 through 304. 

8 (B) SPECIAL RULES FOR BUREAU-FUNDED

9 SCHOOLS.— 

10 (i) APPLICABILITY.—Sections 301 

11 through 304 shall apply to a Bureau-fund12 ed school that receives assistance under 

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

14 such sections apply to a qualified local edu15 cational agency that receives covered 

16 funds. The facilities of a Bureau-funded 

17 school shall be treated as public school fa18 cilities for purposes of the application of 

19 such sections. 

20 (ii) TREATMENT OF TRIBALLY OPER21 ATED SCHOOLS.—The Secretary of the In22 terior shall provide assistance to Bureau23 funded schools under paragraph (1)(B) 

24 without regard to whether such schools are 

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1 cation or by an Indian Tribe. In the case 

2 of a Bureau-funded school that is a con3 tract or grant school (as that term is de4 fined in section 1141 of the Education 

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

6 operated by an Indian Tribe, the Secretary 

7 of the Interior shall provide assistance 

8 under such paragraph to the Indian Tribe 

9 concerned. 

10 SEC. 102. ALLOCATION TO STATES. 

11 (a) ALLOCATION TO STATES.— 

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

13 amount appropriated to carry out this title for each 

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

15 each State that has a plan approved by the Sec16 retary under subsection (b) shall be allocated an 

17 amount in proportion to the amount received by all 

18 local educational agencies in the State under part A 

19 of title I of the Elementary and Secondary Edu20 cation Act of 1965 (20 U.S.C. 6311 et seq.) for the 

21 previous fiscal year relative to the total such amount 

22 received by all local educational agencies in every 

23 State that has a plan approved by the Secretary 

24 under subsection (b). 


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

2 not more than 1 percent of its allocation under para3 graph (1) to carry out its responsibilities under this 

4 Act, which shall include— 

5 (A) providing technical assistance to local 

6 educational agencies, including by— 

7 (i) identifying which State agencies 

8 have programs, resources, and expertise 

9 relevant to the activities supported by the 

10 allocation under this section; and 

11 (ii) coordinating the provision of tech12 nical assistance across such agencies; 

13 (B) in accordance with the guidance issued 

14 by the Secretary under section 307, developing 

15 an online, publicly searchable database that 

16 contains an inventory of the infrastructure of 

17 all public school facilities in the State (including 

18 the facilities of Bureau-funded schools, as ap19 propriate), including, with respect to each such 

20 facility, an identification of— 

21 (i) the information described in 

22 clauses (i) through (vi) of subparagraph 

23 (F); 


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1 (ii) the age (including an identifica2 tion of the date of any retrofits or recent 

3 renovations) of— 

4 (I) the facility; 

5 (II) its roof; 

6 (III) its lighting system; 

7 (IV) its windows; 

8 (V) its ceilings; 

9 (VI) its plumbing; and 

10 (VII) its heating, ventilation, and 

11 air conditioning system; 

12 (iii) fire safety inspection results; and 

13 (iv) the proximity of the facilities to 

14 toxic sites or the vulnerability of the facili15 ties to natural disasters, including the ex16 tent to which facilities that are vulnerable 

17 to seismic natural disasters are seismically 

18 retrofitted; 

19 (C) updating the database developed under 

20 subparagraph (B) not less frequently than once 

21 every 2 years; 

22 (D) ensuring that the information in the 

23 database developed under subparagraph (B)— 

24 (i) is posted on a publicly accessible 

25 State website; and 


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1 (ii) is regularly distributed to local 

2 educational agencies and Tribal govern3 ments in the State; 

4 (E) issuing and reviewing regulations to 

5 ensure the health and safety of students and 

6 staff during construction or renovation projects; 

7 and 

8 (F) issuing or reviewing regulations to en9 sure safe, healthy, and high-performing school 

10 buildings, including regulations governing— 

11 (i) indoor air quality and ventilation, 

12 including exposure to carbon monoxide and 

13 carbon dioxide; 

14 (ii) mold, mildew, and moisture con15 trol; 

16 (iii) the safety of drinking water at 

17 the tap and water used for meal prepara18 tion, including regulations that— 

19 (I) address the presence of lead 

20 and other contaminants in such water; 

21 and 

22 (II) require the regular testing of 

23 the potability of water at the tap; 

24 (iv) energy and water efficiency; 


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1 (v) excessive classroom noise due to 

2 activities allowable under section 301; and 

3 (vi) the levels of maintenance work, 

4 operational spending, and capital invest5 ment needed to maintain the quality of 

6 public school facilities; and 

7 (G) creating a plan to reduce or eliminate 

8 exposure to toxins and chemicals, including 

9 mercury, radon, PCBs, lead, vapor intrusions, 

10 and asbestos. 

11 (b) STATE PLAN.— 

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

13 allocation under this section, a State shall submit to 

14 the Secretary a plan that— 

15 (A) describes how the State will use the al16 location to make long-term improvements to 

17 public school facilities; 

18 (B) explains how the State will carry out 

19 each of its responsibilities under subsection 

20 (a)(2); 

21 (C) explains how the State will make the 

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

23 section 103; 

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

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1 tivities supported by the allocation after the 

2 State no longer receives the allocation; and 

3 (E) includes such other information as the 

4 Secretary may require. 

5 (2) APPROVAL AND DISAPPROVAL.—The Sec6 retary shall have the authority to approve or dis7 approve a State plan submitted under paragraph 

8 (1). 

9 (c) CONDITIONS.—As a condition of receiving an allo10 cation under this section, a State shall agree to the fol11 lowing: 

12 (1) MATCHING REQUIREMENT.—The State shall 

13 contribute, from non-Federal sources, an amount 

14 equal to 10 percent of the amount of the allocation 

15 received under this section to carry out the activities 

16 supported by the allocation. 

17 (2) MAINTENANCE OF EFFORT.—The State 

18 shall provide an assurance to the Secretary that the 

19 combined fiscal effort per student or the aggregate 

20 expenditures of the State with respect to the activi21 ties supported by the allocation under this section 

22 for fiscal years beginning with the fiscal year for 

23 which the allocation is received will be not less than 

24 90 percent of the combined fiscal effort or aggregate 

25 expenditures by the State for such purposes for the 


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1 year preceding the fiscal year for which the alloca2 tion is received. 

3 (3) SUPPLEMENT NOT SUPPLANT.—The State 

4 shall use an allocation under this section only to 

5 supplement the level of Federal, State, and local 

6 public funds that would, in absence of such alloca7 tion, be made available for the activities supported 

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

9 SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDU10 CATIONAL AGENCIES. 

11 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

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

13 from the amounts allocated to a State under section 

14 102(a) and contributed by the State under section 

15 102(c)(1), the State shall award grants to qualified 

16 local educational agencies, on a competitive basis, to 

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

18 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

19 State may use up to 10 percent of the amount de20 scribed in paragraph (1) to make grants to qualified 

21 local educational agencies carry out activities to im22 prove digital learning in accordance with section 

23 301(b). 

24 (b) ELIGIBILITY.— 


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

2 grant under this section a qualified local educational 

3 agency— 

4 (A) shall be among the local educational 

5 agencies in the State with the highest numbers 

6 or percentages of students counted under sec7 tion 1124(c) of the Elementary and Secondary 

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

9 (B) shall agree to prioritize the improve10 ment of the facilities of public schools that 

11 serve the highest percentages of students who 

12 are eligible for a free or reduced price lunch 

13 under the Richard B. Russell National School 

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

15 the case of a high school, may be calculated 

16 using comparable data from the schools that 

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

18 public schools in the jurisdiction of the agency; 

19 and 

20 (C) may be among the local educational 

21 agencies in the State— 

22 (i) with the greatest need to improve 

23 public school facilities, as determined by 

24 the State, which may include consideration 

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1 cilities to toxic sites or the vulnerability of 

2 the facilities to natural disasters; and 

3 (ii) with the most limited capacity to 

4 raise funds for the long-term improvement 

5 of public school facilities, as determined by 

6 an assessment of— 

7 (I) the current and historic abil8 ity of the agency to raise funds for 

9 construction, renovation, moderniza10 tion, and major repair projects for 

11 schools; 

12 (II) whether the agency has been 

13 able to issue bonds or receive other 

14 funds to support school construction 

15 projects; and 

16 (III) the bond rating of the agen17 cy. 

18 (2) GEOGRAPHIC DISTRIBUTION.—The State 

19 shall ensure that grants under this section are 

20 awarded to qualified local educational agencies that 

21 represent the geographic diversity of the State. 

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

23 under this section, the State— 

24 (1) shall give priority to qualified local edu25 cational agencies that— 


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1 (A) demonstrate the greatest need for such 

2 a grant, as determined by a comparison of the 

3 factors described in subsection (b); 

4 (B) will use the grant to improve the facili5 ties of— 

6 (i) elementary schools or middle 

7 schools that have an enrollment of stu8 dents who are eligible for a free or reduced 

9 price lunch under the Richard B. Russell 

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

11 1751 et seq.) that constitutes not less than 

12 40 percent of the total student enrollment 

13 at such schools; or 

14 (ii) high schools that have an enroll15 ment of students who are eligible for a free 

16 or reduced price lunch under such Act that 

17 constitutes not less than 30 percent of the 

18 total student enrollment at such schools 

19 (which may be calculated using comparable 

20 data from the schools that feed into the 

21 high school); and 

22 (C) operate public school facilities that 

23 pose a severe health and safety threat to stu24 dents and staff, which may include a threat 

25 posed by the proximity of the facilities to toxic 


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1 sites or the vulnerability of the facilities to nat2 ural disasters; and 

3 (2) may give priority to qualified local edu4 cational agencies that— 

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

6 high-speed broadband sufficient to support dig7 ital learning accordance with section 301(b); 

8 (B) serve elementary schools or secondary 

9 schools, including rural schools, that lack such 

10 access; and 

11 (C) meet one or more of the requirements 

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

13 paragraph (1). 

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

15 under this section, a qualified local educational agency 

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

17 such manner, and containing such information as the 

18 State may require. Such application shall include, at min19 imum— 

20 (1) the information necessary for the State to 

21 make the determinations under subsections (b) and 

22 (c); 

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

24 plans to carry out with the grant; 


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1 (3) an explanation of how such projects will re2 duce risks to the health and safety of staff and stu3 dents at schools served by the agency; and 

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

5 that proposes to fund a repair, renovation, or con6 struction project for a public charter school, the ex7 tent to which— 

8 (A) the public charter school lacks access 

9 to funding for school repair, renovation, and 

10 construction through the financing methods 

11 available to other public schools or local edu12 cational agencies in the State; and 

13 (B) the charter school operator owns or 

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

15 repaired, renovated, or constructed. 

16 (e) FACILITIES MASTER PLAN.— 

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

18 after receiving a grant under this section, a qualified 

19 local educational agency shall submit to the State a 

20 comprehensive 10-year facilities master plan. 

21 (2) ELEMENTS.—The facilities master plan re22 quired under paragraph (1) shall include, with re23 spect to all public school facilities of the qualified 

24 local educational agency, a description of— 


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1 (A) the extent to which public school facili2 ties meet students’ educational needs and sup3 port the agency’s educational mission and vi4 sion; 

5 (B) the physical condition of the public 

6 school facilities; 

7 (C) the current health, safety, and environ8 mental conditions of the public school facilities, 

9 including— 

10 (i) indoor air quality; 

11 (ii) the presence of hazardous and 

12 toxic substances and chemicals; 

13 (iii) the safety of drinking water at 

14 the tap and water used for meal prepara15 tion, including the level of lead and other 

16 contaminants in such water; 

17 (iv) energy and water efficiency; 

18 (v) excessive classroom noise; and 

19 (vi) other health, safety, and environ20 mental conditions that would impact the 

21 health, safety, and learning ability of stu22 dents; 

23 (D) how the local educational agency will 

24 address any conditions identified under sub25 paragraph (C); 


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1 (E) the impact of current and future stu2 dent enrollment levels (as of the date of appli3 cation) on the design of current and future pub4 lic school facilities, as well as the financial im5 plications of such enrollment levels; 

6 (F) the dollar amount and percentage of 

7 funds the local educational agency will dedicate 

8 to capital construction projects for public school 

9 facilities, including— 

10 (i) any funds in the budget of the 

11 agency that will be dedicated to such 

12 projects; and 

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

14 agency that will be dedicated to such 

15 projects, including any funds available to 

16 the agency as the result of a bond issue; 

17 and 

18 (G) the dollar amount and percentage of 

19 funds the local educational agency will dedicate 

20 to the maintenance and operation of public 

21 school facilities, including— 

22 (i) any funds in the budget of the 

23 agency that will be dedicated to the main24 tenance and operation of such facilities; 

25 and 


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

2 agency that will be dedicated to the main3 tenance and operation of such facilities. 

4 (3) CONSULTATION.—In developing the facili5 ties master plan required under paragraph (1), the 

6 qualified local educational agency shall consult with 

7 teachers, principals and other school leaders, custo8 dial and maintenance staff, emergency first respond9 ers, school facilities directors, students and families, 

10 community residents, and Indian Tribes. 

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

12 educational agency shall use a grant received under this 

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

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

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

16 and not to supplant such funds. 

17 SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. 

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

19 each fiscal year beginning after the date of the enactment 

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

21 congressional committees a report on the projects carried 

22 out with funds made available under this title. 

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

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

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


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1 (1) An identification of each local educational 

2 agency that received a grant under this title. 

3 (2) With respect to each such agency, a descrip4 tion of— 

5 (A) the demographic composition of the 

6 student population served by the agency, 

7 disaggregated by— 

8 (i) race; 

9 (ii) the number and percentage of stu10 dents counted under section 1124(c) of the 

11 Elementary and Secondary Education Act 

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

13 (iii) the number and percentage of 

14 students who are eligible for a free or re15 duced price lunch under the Richard B. 

16 Russell National School Lunch Act (42 

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

18 (B) the population density of the geo19 graphic area served by the agency; 

20 (C) the projects for which the agency used 

21 the grant received under this title; 

22 (D) the demonstrable or expected benefits 

23 of the projects; and 

24 (E) the estimated number of jobs created 

25 by the projects. 


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1 (3) The total dollar amount of all grants re2 ceived by local educational agencies under this title. 

3 (c) LEA INFORMATION COLLECTION.—A local edu4 cational agency that receives a grant under this title 

5 shall— 

6 (1) annually compile the information described 

7 in subsection (b)(2); 

8 (2) make the information available to the pub9 lic, including by posting the information on a pub10 licly accessible agency website; and 

11 (3) submit the information to the State. 

12 (d) STATE INFORMATION DISTRIBUTION.—A State 

13 that receives information from a local educational agency 

14 under subsection (c) shall— 

15 (1) compile the information and report it annu16 ally to the Secretary at such time and in such man17 ner as the Secretary may require; 

18 (2) make the information available to the pub19 lic, including by posting the information on a pub20 licly accessible State website; and 

21 (3) regularly distribute the information to local 

22 educational agencies and Tribal governments in the 

23 State. 


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1 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated 

3 $7,000,000,000 for each of fiscal years 2020 through 

4 2029 to carry out this title. 

5 TITLE II—SCHOOL 

6 INFRASTRUCTURE BONDS 

7 SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX 

8 CREDIT BONDS. 

9 (a) ALLOWANCE OF CREDIT.— 

10 (1) IN GENERAL.—Section 54A 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) CREDIT LIMITED TO CERTAIN BONDS.—Sec15 tion 54A(d)(1) of such Code, as restored by para16 graph (1), is amended by striking subparagraphs 

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

18 (b) CREDIT ALLOWED TO ISSUER.— 

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

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

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

22 not taken effect. 

23 (2) SCHOOL INFRASTRUCTURE BONDS.—Sec24 tion 6431(f)(3) of such Code, as restored by para25 graph (1), is amended by inserting ‘‘any school inVerDate Sep 11 2014 22:12 Feb 07, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H865.IH H865

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1 frastructure bond (as defined in section 54BB) or’’ 

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

3 (c) QUALIFIED ZONE ACADEMY BONDS.— 

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

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

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

7 not taken effect. 

8 (2) REMOVAL OF PRIVATE BUSINESS CON9 TRIBUTION REQUIREMENT.—Section 54E of the In10 ternal Revenue Code of 1986, as restored by para11 graph (1), is amended— 

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

13 ‘‘and’’ at the end of subparagraph (A), by strik14 ing subparagraph (B), and by redesignating 

15 subparagraph (C) as subparagraph (B); 

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

17 (C) in subsection (c)(1)— 

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

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

20 (ii) by striking ‘‘and, except as pro21 vided’’ and all that follows through the pe22 riod at the end and inserting ‘‘, and 

23 $1,400,000,000 for 2020 and each year 

24 thereafter.’’. 


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1 (3) CONSTRUCTION OF A PUBLIC SCHOOL FA2 CILITY.—Section 54E(d)(3)(A) of the Internal Rev3 enue Code of 1986, as restored by paragraph (1), is 

4 amended by striking ‘‘rehabilitating or repairing’’ 

5 and inserting ‘‘constructing, rehabilitating, retro6 fitting, or repairing’’. 

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

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

10 SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 

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

12 1986 is amended by inserting after subpart I (as restored 

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

14 the following new subpart: 

15 ‘‘Subpart J—School Infrastructure Bonds 

‘‘Sec. 54BB. School infrastructure bonds. 

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

17 ‘‘(a) IN GENERAL.—If a taxpayer holds a school in18 frastructure bond on one or more interest payment dates 

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

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

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

22 determined under subsection (b) with respect to such 

23 dates. 


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

2 determined under this subsection with respect to any in3 terest payment date for a school infrastructure bond is 

4 100 percent of the amount of interest payable by the 

5 issuer with respect to such date. 

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

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

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

9 the excess of— 

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

11 (as defined in section 26(b)) plus the tax im12 posed by section 55, over 

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

14 under this part (other than subpart C and this 

15 subpart). 

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

17 credit allowable under subsection (a) exceeds the 

18 limitation imposed by paragraph (1) for such taxable 

19 year, such excess shall be carried to the succeeding 

20 taxable year and added to the credit allowable under 

21 subsection (a) for such taxable year (determined be22 fore the application of paragraph (1) for such suc23 ceeding taxable year). 

24 ‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion, the term ‘school infrastructure bond’ means 

3 any bond issued as part of an issue if— 

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

5 proceeds of such issue are to be used for the 

6 purposes described in section 301 of the Re7 build America’s Schools Act of 2019, 

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

9 (but for this section) be excludable from gross 

10 income under section 103, 

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

12 paragraph (3), and 

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

14 purposes of this section. 

15 ‘‘(2) APPLICABLE RULES.—For purposes of ap16 plying paragraph (1)— 

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

18 school infrastructure bond shall not be treated 

19 as federally guaranteed by reason of the credit 

20 allowed under section 6431(a), 

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

22 on a school infrastructure bond shall be deter23 mined without regard to the credit allowed 

24 under subsection (a), and 


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

2 school infrastructure bond if the issue price has 

3 more than a de minimis amount (determined 

4 under rules similar to the rules of section 

5 1273(a)(3)) of premium over the stated prin6 cipal amount of the bond. 

7 ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 

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

9 treated as meeting the requirements of this 

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

11 issuer reasonably expects 100 percent of the 

12 available project proceeds to be spent for pur13 poses described in section 301 of the Rebuild 

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

15 year period beginning on such date of issuance. 

16 ‘‘(B) FAILURE TO SPEND REQUIRED

17 AMOUNT OF BOND PROCEEDS WITHIN 6

18 YEARS.—To the extent that less than 100 per19 cent of the available project proceeds of the 

20 issue are expended at the close of the period de21 scribed in subparagraph (A) with respect to 

22 such issue, the issuer shall redeem all of the 

23 nonqualified bonds within 90 days after the end 

24 of such period. For purposes of this paragraph, 

25 the amount of the nonqualified bonds required 


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1 to be redeemed shall be determined in the same 

2 manner as under section 142. 

3 ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES4 IGNATED.—The maximum aggregate face amount of 

5 bonds issued during any calendar year which may be des6 ignated under subsection (d) by any issuer shall not exceed 

7 the limitation amount allocated under subsection (g) for 

8 such calendar year to such issuer. 

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

10 DESIGNATED.—The national qualified school infrastruc11 ture bond limitation for each calendar year is— 

12 ‘‘(1) $10,000,000,000 for 2020, 

13 ‘‘(2) $10,000,000,000 for 2021, and 

14 ‘‘(3) $10,000,000,000 for 2022. 

15 ‘‘(g) ALLOCATION OF LIMITATION.— 

16 ‘‘(1) ALLOCATIONS.— 

17 ‘‘(A) STATES.—After application of sub18 paragraph (B) and paragraph (3)(A), the limi19 tation applicable under subsection (f) for any 

20 calendar year shall be allocated by the Sec21 retary among the States in proportion to the re22 spective amounts received by all local edu23 cational agencies in each State under part A of 

24 title I of the Elementary and Secondary Edu25 cation Act of 1965 (20 U.S.C. 6311 et seq.) for 


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1 the previous fiscal year relative to the total such 

2 amount received by all local educational agen3 cies in for the most recent fiscal year ending 

4 before such calendar year. 

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

6 1 percent of the amount of the limitation appli7 cable under subsection (f) for any calendar year 

8 shall be allocated by the Secretary to posses9 sions of the United States other than Puerto 

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

11 1 percent. 

12 ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita13 tion amount allocated to a State or possession under 

14 paragraph (1) shall be allocated by the State edu15 cational agency (or such other agency as is author16 ized under State law to make such allocation) to 

17 issuers within such State or possession in accord18 ance with the priorities described in section 103(c) 

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

20 and the eligibility requirements described in section 

21 103(b) of such Act, except that paragraph (1)(C) of 

22 such section shall not apply to the determination of 

23 eligibility for such allocation. 

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


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

2 of the amount of the limitation applicable under 

3 subsection (f) for any calendar year shall be al4 located by the Secretary to the Secretary of the 

5 Interior for schools funded by the Bureau of In6 dian Affairs for such calendar year. 

7 ‘‘(B) ALLOCATION TO SCHOOLS.—The lim8 itation amount allocated to the Secretary of the 

9 Interior under paragraph (1) shall be allocated 

10 by such Secretary to issuers or schools funded 

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

12 amounts allocated under the preceding sen13 tence, Indian tribal governments (as defined in 

14 section 7701(a)(40)) shall be treated as quali15 fied issuers for purposes of this subchapter. 

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

17 the limitation amount allocated under paragraph (1) 

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

19 within such State to carry out activities to improve 

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

21 the Rebuild America’s Schools Act of 2019. 

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

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

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1 ture bond is entitled to a payment of interest under such 

2 bond. 

3 ‘‘(i) SPECIAL RULES.— 

4 ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE

5 BONDS INCLUDIBLE IN GROSS INCOME FOR FED6 ERAL INCOME TAX PURPOSES.—For purposes of this 

7 title, interest on any school infrastructure bond shall 

8 be includible in gross income. 

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

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

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

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

13 (b) TRANSITIONAL COORDINATION WITH STATE

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

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

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

17 the Internal Revenue Code of 1986, as added by this sec18 tion) and the amount of any credit determined under such 

19 section with respect to such bond shall be treated for pur20 poses of the income tax laws of such State as being exempt 

21 from Federal income tax. 

22 (c) APPLICATION OF CERTAIN LABOR STANDARDS

23 TO PROJECTS FINANCED WITH CERTAIN TAX-FAVORED

24 BONDS.— 


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

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

3 projects financed with the proceeds of— 

4 (A) any school infrastructure bond (as de5 fined in section 54BB of the Internal Revenue 

6 Code of 1986); and 

7 (B) any qualified zone academy bond (as 

8 defined in section 54E of the Internal Revenue 

9 Code of 1986) issued after the date of the en10 actment of the American Recovery and Rein11 vestment Tax Act of 2009. 

12 (2) CONFORMING AMENDMENT.—Section 1601 

13 of the American Recovery and Reinvestment Tax 

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

15 and redesignating paragraphs (4) and (5) as para16 graphs (3) and (4), respectively. 

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

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

19 is amended by adding at the end the following: 

‘‘SUBPART J—SCHOOL INFRASTRUCTURE BONDS’’. 

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

21 this section shall apply to obligations issued after Decem22 ber 31, 2019. 

23 SEC. 203. ANNUAL REPORT ON BOND PROGRAM. 

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

25 each fiscal year beginning after the date of the enactment 


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

2 to the appropriate congressional committees a report on 

3 the school infrastructure bond program. 

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

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

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

7 (1) An identification of— 

8 (A) each local educational agency that re9 ceived funds from a school infrastructure bond; 

10 and 

11 (B) each local educational agency that was 

12 eligible to receive such funds— 

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

14 (ii) received less than the maximum 

15 amount of funds for which the agency was 

16 eligible. 

17 (2) With respect to each local educational agen18 cy described in paragraph (1)— 

19 (A) an assessment of the capacity of the 

20 agency to raise funds for the long-term im21 provement of public school facilities, as deter22 mined by an assessment of— 

23 (i) the current and historic ability of 

24 the agency to raise funds for construction, 

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1 pair projects for schools, including the abil2 ity of the agency to raise funds through 

3 imposition of property taxes; 

4 (ii) whether the agency has been able 

5 to issue bonds to fund construction 

6 projects, including— 

7 (I) qualified zone academy bonds 

8 under section 54E of the Internal 

9 Revenue Code of 1986; and 

10 (II) school infrastructure bonds 

11 under section 54BB of the Internal 

12 Revenue Code of 1986; and 

13 (iii) the bond rating of the agency; 

14 (B) the demographic composition of the 

15 student population served by the agency, 

16 disaggregated by— 

17 (i) race; 

18 (ii) the number and percentage of stu19 dents counted under section 1124(c) of the 

20 Elementary and Secondary Education Act 

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

22 (iii) the number and percentage of 

23 students who are eligible for a free or re24 duced price lunch under the Richard B. 


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1 Russell National School Lunch Act (42 

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

3 (C) the population density of the geo4 graphic area served by the agency; 

5 (D) a description of the projects carried 

6 out with funds received from school infrastruc7 ture bonds; 

8 (E) a description of the demonstrable or 

9 expected benefits of the projects; and 

10 (F) the estimated number of jobs created 

11 by the projects. 

12 (3) The total dollar amount of all funds re13 ceived by local educational agencies from school in14 frastructure bonds. 

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

16 Treasury determines to be appropriate. 

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

18 educational agency that receives funds from a school infra19 structure bond shall— 

20 (1) annually compile the information necessary 

21 for the Secretary of the Treasury to determine the 

22 elements described in subsection (b); and 

23 (2) report the information to the Secretary of 

24 the Treasury at such time and in such manner as 

25 the Secretary of the Treasury may require. 


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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 

19 public school facilities will be constructed; 

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

22 (8) reduce current or anticipated overcrowding 

23 in public school facilities; 


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1 (9) ensure the building envelopes of public 

2 school facilities protect occupants and interiors from 

3 the elements and are structurally sounds and secure; 

4 (10) improve energy and water efficiency to 

5 lower the costs of energy and water consumption in 

6 public school facilities; 

7 (11) improve indoor air quality in public school 

8 facilities; 

9 (12) reduce or eliminate the presence of— 

10 (A) toxins and chemicals, including mer11 cury, radon, PCBs, lead, and asbestos; 

12 (B) mold and mildew; or 

13 (C) rodents and pests; 

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

15 tap and water used for meal preparation in public 

16 school facilities, which may include testing of the po17 tability of water at the tap for the presence of lead 

18 and other contaminants; 

19 (14) bring public school facilities into compli20 ance with applicable fire, health, and safety codes; 

21 (15) make public school facilities accessible to 

22 people with disabilities through compliance with the 

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

24 12101 et seq.) and section 504 of the Rehabilitation 

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


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1 (16) provide instructional program space im2 provements for programs relating to early learning 

3 (including early learning programs operated by part4 ners of the agency), special education, science, tech5 nology, career and technical education, physical edu6 cation, the arts, and literacy (including library pro7 grams); 

8 (17) increase the use of public school facilities 

9 for the purpose of community-based partnerships 

10 that provide students with academic, health, and so11 cial services; 

12 (18) ensure the health of students and staff 

13 during the construction or modernization of public 

14 school facilities; or 

15 (19) reduce or eliminate excessive classroom 

16 noise due to activities allowable under this section. 

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

18 educational agency may use funds received under section 

19 103(a)(2) or proceeds from a school infrastructure bond 

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

21 Revenue Code of 1986 (as added by section 202) to lever22 age existing public programs or public-private partner23 ships to expand access to high-speed broadband sufficient 

24 for digital learning. 


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1 SEC. 302. PROHIBITED USES. 

2 A local educational agency that receives covered 

3 funds may not use such funds for— 

4 (1) payment of routine and predictable mainte5 nance costs and minor repairs; 

6 (2) any facility that is primarily used for ath7 letic contests or exhibitions or other events for which 

8 admission is charged to the general public; 

9 (3) vehicles; or 

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

11 facilities that are not primarily used to educate stu12 dents. 

13 SEC. 303. GREEN PRACTICES. 

14 (a) IN GENERAL.—In a given fiscal year, a local edu15 cational agency that uses covered funds for a new con16 struction project or renovation project shall use not less 

17 than the applicable percentage (as described in subsection 

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

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

20 the applicable provisions of— 

21 (1) the United States Green Building Council 

22 Leadership in Energy and Environmental Design 

23 green building rating standard (commonly known as 

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

25 (2) the Living Building Challenge developed by 

26 the International Living Future Institute; 


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1 (3) a green building rating program developed 

2 by the Collaborative for High-Performance Schools 

3 (commonly known as ‘‘CHPS’’) that is CHPS4 verified; or 

5 (4) a program that— 

6 (A) has standards that are equivalent to or 

7 more stringent than the standards of a program 

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

9 (B) is adopted by the State or another ju10 risdiction with authority over the agency; and 

11 (C) includes a verifiable method to dem12 onstrate compliance with such program. 

13 (b) APPLICABLE PERCENTAGE.—The applicable per14 centage described in this subsection is— 

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

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

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

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

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

20 100 percent. 

21 SEC. 304. USE OF AMERICAN IRON, STEEL, AND MANUFAC22 TURED PRODUCTS. 

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

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


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1 and manufactured products used in projects carried out 

2 with such funds are produced in the United States. 

3 (b) WAIVER AUTHORITY.— 

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

5 the requirement of subsection (a) if the Secretary 

6 determines that— 

7 (A) applying subsection (a) would be in8 consistent with the public interest; 

9 (B) iron, steel, and manufactured products 

10 produced in the United States are not produced 

11 in a sufficient and reasonably available amount 

12 or are not of a satisfactory quality; or 

13 (C) using iron, steel, and manufactured 

14 products produced in the United States will in15 crease the cost of the overall project by more 

16 than 25 percent. 

17 (2) PUBLICATION.—Before issuing a waiver 

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

19 the Federal Register a detailed written explanation 

20 of the waiver determination. 

21 (c) CONSISTENCY WITH INTERNATIONAL AGREE22 MENTS.—This section shall be applied in a manner con23 sistent with the obligations of the United States under 

24 international agreements. 

25 (d) DEFINITIONS.—In this section: 


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

2 term ‘‘produced in the United States’’ means the fol3 lowing: 

4 (A) When used with respect to a manufac5 tured product, the product was manufactured in 

6 the United States and the cost of the compo7 nents of such product that were mined, pro8 duced, or manufactured in the United States 

9 exceeds 60 percent of the total cost of all com10 ponents of the product. 

11 (B) When used with respect to iron or 

12 steel products, or an individual component of a 

13 manufactured product, all manufacturing proc14 esses for such iron or steel products or compo15 nents, from the initial melting stage through 

16 the application of coatings, occurred in the 

17 United States, except that the term does not in18 clude— 

19 (i) steel or iron material or products 

20 manufactured abroad from semi-finished 

21 steel or iron from the United States; and 

22 (ii) steel or iron material or products 

23 manufactured in the United States from 

24 semi-finished steel or iron of foreign origin. 


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1 (2) MANUFACTURED PRODUCT.—The term 

2 ‘‘manufactured product’’ means any construction 

3 material or end product (as such terms are defined 

4 in part 25.003 of the Federal Acquisition Regula5 tion) that is not an iron or steel product, includ6 ing— 

7 (A) electrical components; and 

8 (B) non-ferrous building materials, includ9 ing, aluminum and polyvinylchloride (PVC), 

10 glass, fiber optics, plastic, wood, masonry, rub11 ber, manufactured stone, any other non-ferrous 

12 metals, and any unmanufactured construction 

13 material. 

14 SEC. 305. COMPTROLLER GENERAL REPORT. 

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

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

17 of the United States shall submit to the appropriate con18 gressional committees a report on the projects carried out 

19 with covered funds. 

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

21 shall include an assessment of— 

22 (1) the types of projects carried out with cov23 ered funds; 

24 (2) the geographic distribution of the projects; 


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

2 on the health and safety of school staff and stu3 dents; and 

4 (4) how the Secretary or States could make 

5 covered funds more accessible— 

6 (A) to schools with the highest numbers 

7 and percentages of students counted under sec8 tion 1124(c) of the Elementary and Secondary 

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

10 and 

11 (B) to schools with fiscal challenges in 

12 raising capital for school infrastructure 

13 projects. 

14 (c) UPDATES.—The Comptroller General shall up15 date and resubmit the report to the appropriate congres16 sional committees— 

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

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

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

20 after such date of enactment. 

21 SEC. 306. STUDY AND REPORT PHYSICAL CONDITION OF 

22 PUBLIC SCHOOLS. 

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

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


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

2 Director of the Institute of Education Sciences, shall— 

3 (1) carry out a comprehensive study of the 

4 physical conditions of all public schools in the 

5 United States; and 

6 (2) submit a report to the appropriate congres7 sional committees that includes that results of the 

8 study. 

9 (b) ELEMENTS.—Each study and report under sub10 section (a) shall include an assessment of— 

11 (1) the effect of school facility conditions on 

12 student and staff health and safety; 

13 (2) the effect of school facility conditions on 

14 student academic outcomes; 

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

16 separately by geographic region; 

17 (4) the condition of school facilities for eco18 nomically disadvantaged students as well as students 

19 from major racial and ethnic subgroups; 

20 (5) the accessibility of school facilities for stu21 dents and staff with disabilities; and 

22 (6) an explanation of any differences observed 

23 with respect to the factors described in paragraphs 

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


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1 that received covered funds and agencies that did 

2 not receive such funds. 

3 SEC. 307. DEVELOPMENT OF DATA STANDARDS. 

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

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

6 in consultation with the officials described in subsection 

7 (b), shall— 

8 (1) identify the data that States should collect 

9 and include in the databases developed under section 

10 102(a)(2)(B); 

11 (2) develop standards for the measurement of 

12 such data; and 

13 (3) issue guidance to States concerning the col14 lection and measurement of such data. 

15 (b) OFFICIALS.—The officials described in this sub16 section are— 

17 (1) the Administrator of the Environmental 

18 Protection Agency; 

19 (2) the Secretary of Energy; 

20 (3) the Director of the Centers for Disease 

21 Control and Prevention; and 

22 (4) the Director of the National Institute for 

23 Occupational Safety and Health. 


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1 SEC. 308. INFORMATION CLEARINGHOUSE. 

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

3 date of the enactment of this Act, the Secretary shall es4 tablish a clearinghouse to disseminate information on Fed5 eral programs and financing mechanisms that may be 

6 used to assist schools in initiating, developing, and financ7 ing— 

8 (1) energy efficiency projects; 

9 (2) distributed generation projects; and 

10 (3) energy retrofitting projects. 

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

12 Secretary shall— 

13 (1) consult with the officials described in sec14 tion 307(b) to develop a list of Federal programs 

15 and financing mechanisms to be included in the 

16 clearinghouse; and 

17 (2) coordinate with such officials to develop a 

18 collaborative education and outreach effort to 

19 streamline communications and promote the Federal 

20 programs and financing mechanisms included in the 

21 clearinghouse, which may include the development 

22 and maintenance of a single online resource that in23 cludes contact information for relevant technical as24 sistance that may be used by States, local edu25 cational agencies, and schools to effectively access 


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1 and use such Federal programs and financing mech2 anisms. 

3 TITLE IV—IMPACT AID 

4 CONSTRUCTION 

5 SEC. 401. TEMPORARY INCREASE IN FUNDING FOR IMPACT 

6 AID CONSTRUCTION. 

7 Section 7014(d) of the Elementary and Secondary 

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

9 to read as follows: 

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

11 out section 7007, there are authorized to be appro12 priated— 

13 ‘‘(1) $18,756,765 for fiscal year 2020; 

14 ‘‘(2) $50,406,000 for each of fiscal years 2021 

15 and 2022; and 

16 ‘‘(3) $52,756,765 for fiscal year 2023.’’. 

Æ 


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