I 

114TH CONGRESS 

2D SESSION H. R. 5157 

To direct the Secretary of Education to make grants to State educational 

agencies for the modernization, renovation, or repair of public school 

facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2016 

Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. CUMMINGS, and 

Mr. POLIS) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To direct the Secretary of Education to make grants to 

State educational agencies for the modernization, renovation, or repair 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— 

5 (1) the ‘‘School Modernization and Revitaliza6 tion Through Jobs Act’’; 

7 (2) the ‘‘SMART Jobs Act’’; or 


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1 (3) the ‘‘21st Century Green High-Performing 

2 Public School Facilities Act’’. 

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

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GRANTS FOR MODERNIZATION, RENOVATION, OR 

REPAIR OF PUBLIC SCHOOL FACILITIES 

Sec. 101. Purpose. 

Sec. 102. Allocation of funds. 

Sec. 103. Allowable uses of funds. 

TITLE II—SUPPLEMENTAL GRANTS FOR DISASTER AREAS 

Sec. 201. Purpose. 

Sec. 202. Allocation to local educational agencies. 

Sec. 203. Allowable uses of funds. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Impermissible uses of funds. 

Sec. 302. Supplement, not supplant. 

Sec. 303. Prohibition regarding State aid. 

Sec. 304. Maintenance of effort. 

Sec. 305. Special rule on contracting. 

Sec. 306. Use of American iron, steel, and manufactured goods. 

Sec. 307. Labor standards. 

Sec. 308. Charter schools. 

Sec. 309. Green schools. 

Sec. 310. Reporting. 

Sec. 311. Authorization of appropriations. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) The term ‘‘Bureau-funded school’’ has the 

8 meaning given to such term in section 1141 of the 

9 Education Amendments of 1978 (25 U.S.C. 2021). 

10 (2) The term ‘‘charter school’’ has the meaning 

11 given such term in section 4310 of the Elementary 


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1 and Secondary Education Act of 1965 (20 U.S.C. 

2 7221i). 

3 (3) The term ‘‘CHPS Criteria’’ means the 

4 green building rating program developed by the Col5 laborative for High Performance Schools. 

6 (4) The term ‘‘Energy Star’’ means the Energy 

7 Star program of the United States Department of 

8 Energy and the United States Environmental Pro9 tection Agency. 

10 (5) The term ‘‘Green Globes’’ means the Green 

11 Building Initiative environmental design and rating 

12 system referred to as Green Globes. 

13 (6) The term ‘‘LEED Green Building Rating 

14 System’’ means the United States Green Building 

15 Council Leadership in Energy and Environmental 

16 Design green building rating standard referred to as 

17 LEED Green Building Rating System. 

18 (7) The term ‘‘local educational agency’’— 

19 (A) has the meaning given to that term in 

20 section 8101 of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 7801), and 

22 shall also include the Recovery School District 

23 of Louisiana and the New Orleans Public 

24 Schools; and 


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1 (B) includes any public charter school that 

2 constitutes a local educational agency under 

3 State law. 

4 (8) The term ‘‘outlying area’’— 

5 (A) means the United States Virgin Is6 lands, Guam, American Samoa, and the Com7 monwealth of the Northern Mariana Islands; 

8 and 

9 (B) includes the freely associated states of 

10 the Republic of the Marshall Islands, the Fed11 erated States of Micronesia, and the Republic 

12 of Palau. 

13 (9) The term ‘‘public school facilities’’ means 

14 an existing public school facility, including a public 

15 charter school facility, or another existing facility 

16 planned for adaptive reuse as such a school facility. 

17 (10) The term ‘‘State’’ means each of the 50 

18 States, the District of Columbia, and the Common19 wealth of Puerto Rico. 


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1 TITLE I—GRANTS FOR MOD2 ERNIZATION, RENOVATION, 

3 OR REPAIR OF PUBLIC 

4 SCHOOL FACILITIES 

5 SEC. 101. PURPOSE. 

6 Grants under this title shall be for the purpose of 

7 modernizing, renovating, or repairing public school facili8 ties, based on their need for such improvements, to be 

9 safe, healthy, high-performing, and up-to-date techno10 logically. 

11 SEC. 102. ALLOCATION OF FUNDS. 

12 (a) RESERVATION.— 

13 (1) IN GENERAL.—From the amount appro14 priated to carry out this title for each fiscal year 

15 pursuant to section 311(a), the Secretary shall re16 serve 1 percent of such amount, consistent with the 

17 purpose described in section 101— 

18 (A) to provide assistance to the outlying 

19 areas; and 

20 (B) for payments to the Secretary of the 

21 Interior to provide assistance to Bureau-funded 

22 schools. 

23 (2) USE OF RESERVED FUNDS.—In each fiscal 

24 year, the amount reserved under paragraph (1) shall 

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1 graphs (A) and (B) of such paragraph in the same 

2 proportion as the amount reserved under section 

3 1121(a) of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 6331(a)) is divided 

5 between the uses described in paragraphs (1) and 

6 (2) of such section 1121(a) in such fiscal year. 

7 (b) ALLOCATION TO STATES.— 

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

9 amount appropriated to carry out this title for each 

10 fiscal year pursuant to section 311(a), and not re11 served under subsection (a), each State shall be allo12 cated an amount in proportion to the amount re13 ceived by all local educational agencies in the State 

14 under part A of title I of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 6311 et 

16 seq.) for the previous fiscal year relative to the total 

17 amount received by all local educational agencies in 

18 every State under such part for such fiscal year. 

19 (2) STATE ADMINISTRATION.—A State may re20 serve up to 1 percent of its allocation under para21 graph (1) to carry out its responsibilities under this 

22 title, which include— 

23 (A) providing technical assistance to local 

24 educational agencies; 


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1 (B) developing a database that includes an 

2 inventory of public school facilities in the State, 

3 including for each, its design, condition, mod4 ernization, renovation and repair needs, usage, 

5 utilization, energy use, and carbon footprint; 

6 and 

7 (C) developing a school energy efficiency 

8 quality plan. 

9 (3) GRANTS TO LOCAL EDUCATIONAL AGEN10 CIES.—From the amount allocated to a State under 

11 paragraph (1), each local educational agency in the 

12 State that meets the requirements of section 

13 1112(a) of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6312(a)) shall receive 

15 an amount in proportion to the amount received by 

16 such local educational agency under part A of title 

17 I of that Act (20 U.S.C. 6311 et seq.) for the pre18 vious fiscal year relative to the total amount received 

19 by all local educational agencies in the State under 

20 such part for such fiscal year, except that no local 

21 educational agency that received funds under part A 

22 of title I of that Act for such fiscal year shall receive 

23 a grant of less than $5,000 in any fiscal year under 

24 this title. 


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1 (4) SPECIAL RULE.—Section 1122(c)(3) of the 

2 Elementary and Secondary Education Act of 1965 

3 (20 U.S.C. 6332(c)(3)) shall not apply to paragraph 

4 (1) or (3). 

5 (c) SPECIAL RULES.— 

6 (1) DISTRIBUTIONS BY SECRETARY.—The Sec7 retary shall make and distribute the reservations 

8 and allocations described in subsections (a) and (b) 

9 not later than 30 days after an appropriation of 

10 funds for this title is made. 

11 (2) DISTRIBUTIONS BY STATES.—A State shall 

12 make and distribute the allocations described in sub13 section (b)(3) within 30 days of receiving such funds 

14 from the Secretary. 

15 SEC. 103. ALLOWABLE USES OF FUNDS. 

16 A local educational agency receiving a grant under 

17 this title shall use the grant for modernization, renovation, 

18 or repair of public school facilities, including, where appli19 cable, early learning facilities— 

20 (1) repairing, replacing, or installing roofs, in21 cluding extensive, intensive or semi-intensive green 

22 roofs, electrical wiring, plumbing systems, sewage 

23 systems, lighting systems, or components of such 

24 systems, windows, or doors, including security doors; 


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1 (2) repairing, replacing, or installing heating, 

2 ventilation, air conditioning systems, or components 

3 of such systems (including insulation), including in4 door air quality assessments; 

5 (3) bringing public schools into compliance with 

6 fire, health, and safety codes, including professional 

7 installation of fire/life safety alarms, including mod8 ernizations, renovations, and repairs that ensure 

9 that schools are prepared for emergencies, such as 

10 improving building infrastructure to accommodate 

11 security measures; 

12 (4) modifications necessary to make public 

13 school facilities accessible to comply with the Ameri14 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

15 et seq.) and section 504 of the Rehabilitation Act of 

16 1973 (29 U.S.C. 794); 

17 (5) abatement, removal, or interim controls of 

18 asbestos, polychlorinated biphenyls, mold, mildew, or 

19 lead-based paint hazards; 

20 (6) measures designed to reduce or eliminate 

21 human exposure to classroom noise and environ22 mental noise pollution; 

23 (7) modernizations, renovations, or repairs nec24 essary to reduce the consumption of coal, electricity, 

25 land, natural gas, oil, or water; 


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1 (8) upgrading or installing educational tech2 nology infrastructure to ensure that students have 

3 access to up-to-date educational technology; 

4 (9) modernization, renovation, or repair of 

5 science and engineering laboratory facilities, librar6 ies, and career and technical education facilities, in7 cluding those related to energy efficiency and renew8 able energy, and improvements to building infra9 structure to accommodate bicycle and pedestrian ac10 cess; 

11 (10) renewable energy generation and heating 

12 systems, including solar, photovoltaic, wind, geo13 thermal, or biomass, including wood pellet, systems 

14 or components of such systems; 

15 (11) other modernization, renovation, or repair 

16 of public school facilities to— 

17 (A) improve teachers’ ability to teach and 

18 students’ ability to learn; 

19 (B) ensure the health and safety of stu20 dents and staff; 

21 (C) make them more energy efficient; or 

22 (D) reduce class size; and 

23 (12) required environmental remediation related 

24 to public school modernization, renovation, or repair 

25 described in paragraphs (1) through (11). 


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1 TITLE II—SUPPLEMENTAL 

2 GRANTS FOR DISASTER AREAS 

3 SEC. 201. PURPOSE. 

4 Grants under this title shall be for the purpose of 

5 modernizing, renovating, repairing, or constructing public 

6 school facilities, including, where applicable, early learning 

7 facilities, based on their need for such improvements, to 

8 be safe, healthy, high-performing, and up-to-date techno9 logically. 

10 SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGEN11 CIES. 

12 (a) IN GENERAL.—Of the amount appropriated to 

13 carry out this title for each fiscal year pursuant to section 

14 311(b), the Secretary shall allocate to local educational 

15 agencies serving areas in which the President, pursuant 

16 to section 401 of the Robert T. Stafford Disaster Relief 

17 and Emergency Assistance Act (42 U.S.C. 5170) and dur18 ing the preceding 10 fiscal years, has determined that a 

19 major disaster exists an amount equal to the infrastruc20 ture damage inflicted on public school facilities in each 

21 such area relative to the total of such infrastructure dam22 age so inflicted in all such areas, combined. 

23 (b) DISTRIBUTION BY SECRETARY.—The Secretary 

24 shall determine and distribute the allocations described in 


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1 subsection (a) not later than 60 days after an appropria2 tion of funds for this title is made. 

3 SEC. 203. ALLOWABLE USES OF FUNDS. 

4 A local educational agency receiving a grant under 

5 this title shall use the grant for one or more of the activi6 ties described in section 103, except that an agency receiv7 ing a grant under this title also may use the grant for 

8 the construction of new public school facilities. 

9 TITLE III—GENERAL 

10 PROVISIONS 

11 SEC. 301. IMPERMISSIBLE USES OF FUNDS. 

12 No funds received under this Act may be used for— 

13 (1) payment of maintenance costs; 

14 (2) stadiums or other facilities primarily used 

15 for athletic contests or exhibitions or other events 

16 for which admission is charged to the general public; 

17 (3) improvement or construction of facilities the 

18 purpose of which is not the education of children, in19 cluding central office administration or operations or 

20 logistical support facilities; or 

21 (4) purchasing carbon offsets. 

22 SEC. 302. SUPPLEMENT, NOT SUPPLANT. 

23 A local educational agency receiving a grant under 

24 this Act shall use such Federal funds only to supplement 

25 and not supplant the amount of funds that would, in the 


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1 absence of such Federal funds, be available for moderniza2 tion, renovation, repair, and construction of public school 

3 facilities. 

4 SEC. 303. PROHIBITION REGARDING STATE AID. 

5 A State shall not take into consideration payments 

6 under this Act in determining the eligibility of any local 

7 educational agency in that State for State aid, or the 

8 amount of State aid, with respect to free public education 

9 of children. 

10 SEC. 304. MAINTENANCE OF EFFORT. 

11 (a) IN GENERAL.—A local educational agency may 

12 receive a grant under this Act for any fiscal year only if 

13 either the combined fiscal effort per student or the aggre14 gate expenditures of the agency and the State involved 

15 with respect to the provision of free public education by 

16 the agency for the preceding fiscal year was not less than 

17 90 percent of the combined fiscal effort or aggregate ex18 penditures for the second preceding fiscal year. 

19 (b) REDUCTION IN CASE OF FAILURE TO MEET

20 MAINTENANCE OF EFFORT REQUIREMENT.— 

21 (1) IN GENERAL.—The State educational agen22 cy shall reduce the amount of a local educational 

23 agency’s grant in any fiscal year in the exact propor24 tion by which a local educational agency fails to 

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1 tion by falling below 90 percent of both the com2 bined fiscal effort per student and aggregate expend3 itures (using the measure most favorable to the local 

4 agency). 

5 (2) SPECIAL RULE.—No such lesser amount 

6 shall be used for computing the effort required 

7 under subsection (a) of this section for subsequent 

8 years. 

9 (c) WAIVER.—The Secretary shall waive the require10 ments of this section if the Secretary determines that a 

11 waiver would be equitable due to— 

12 (1) exceptional or uncontrollable circumstances, 

13 such as a natural disaster; or 

14 (2) a precipitous decline in the financial re15 sources of the local educational agency. 

16 SEC. 305. SPECIAL RULE ON CONTRACTING. 

17 Each local educational agency receiving a grant under 

18 this Act shall ensure that, if the agency carries out mod19 ernization, renovation, repair, or construction through a 

20 contract, the process for any such contract ensures the 

21 maximum number of qualified bidders, including local, 

22 small, minority, and women- and veteran-owned busi23 nesses, through full and open competition. 


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1 SEC. 306. USE OF AMERICAN IRON, STEEL, AND MANUFAC2 TURED GOODS. 

3 (a) IN GENERAL.—None of the funds appropriated 

4 or otherwise made available by this Act may be used for 

5 a project for the modernization, renovation, repair or con6 struction of a public school facility unless all of the iron, 

7 steel, and manufactured goods used in the project are pro8 duced in the United States. 

9 (b) EXCEPTIONS.—Subsection (a) shall not apply in 

10 any case or category of cases in which the Secretary finds 

11 that— 

12 (1) applying subsection (a) would be incon13 sistent with the public interest; 

14 (2) iron, steel, and the relevant manufactured 

15 goods are not produced in the United States in suffi16 cient and reasonably available quantities and of a 

17 satisfactory quality; or 

18 (3) inclusion of iron, steel, and manufactured 

19 goods produced in the United States will increase 

20 the cost of the overall project by more than 25 per21 cent. 

22 (c) PUBLICATION OF JUSTIFICATION.—If the Sec23 retary determines that it is necessary to waive the applica24 tion of subsection (a) based on a finding under subsection 

25 (b), the Secretary shall publish in the Federal Register 

26 a detailed written justification of the determination. 


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1 (d) CONSTRUCTION.—This section shall be applied in 

2 a manner consistent with United States obligations under 

3 international agreements. 

4 SEC. 307. LABOR STANDARDS. 

5 The grant programs under this Act are applicable 

6 programs (as that term is defined in section 400 of the 

7 General Education Provisions Act (20 U.S.C. 1221)) sub8 ject to section 439 of such Act (20 U.S.C. 1232b). 

9 SEC. 308. CHARTER SCHOOLS. 

10 A local educational agency receiving an allocation 

11 under this section shall use an equitable portion of that 

12 allocation for allowable activities benefitting charter 

13 schools within its jurisdiction, as determined based on the 

14 percentage of students from low-income families in the 

15 schools of the agency who are enrolled in charter schools 

16 and on the needs of those schools as determined by the 

17 agency. 

18 SEC. 309. GREEN SCHOOLS. 

19 (a) IN GENERAL.—In a given fiscal year, a local edu20 cational agency shall use not less than the applicable per21 centage (described in subsection (b)) of funds received 

22 under this Act for public school modernization, renovation, 

23 repairs, or construction that are certified, verified, or con24 sistent with any applicable provisions of— 

25 (1) the LEED Green Building Rating System; 


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1 (2) Energy Star; 

2 (3) the CHPS Criteria; 

3 (4) Green Globes; or 

4 (5) an equivalent program adopted by the State 

5 or another jurisdiction with authority over the local 

6 educational agency. 

7 (b) APPLICABLE PERCENTAGES.—The applicable 

8 percentage described in subsection (a) is— 

9 (1) in fiscal year 2017, 50 percent; 

10 (2) in fiscal year 2018, 60 percent; 

11 (3) in fiscal year 2019, 70 percent; 

12 (4) in fiscal year 2020, 80 percent; 

13 (5) in fiscal year 2021, 90 percent; and 

14 (6) in fiscal year 2022, 100 percent. 

15 (c) TECHNICAL ASSISTANCE.—The Secretary, in con16 sultation with the Secretary of Energy and the Adminis17 trator of the Environmental Protection Agency, shall pro18 vide outreach and technical assistance to States and local 

19 educational agencies concerning the best practices in 

20 school modernization, renovation, repair, and construc21 tion, including those related to student academic achieve22 ment, student and staff health, energy efficiency, and envi23 ronmental protection. 

24 (d) YOUTHBUILD PROGRAMS.—The Secretary of 

25 Education, in consultation with the Secretary of Labor, 


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1 shall work with recipients of funds under this section to 

2 promote appropriate opportunities for participants in a 

3 YouthBuild program (as defined in section 173A of the 

4 Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to 

5 gain employment experience on modernization, renovation, 

6 and repair projects funded under this section. 

7 SEC. 310. REPORTING. 

8 (a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 

9 Local educational agencies receiving a grant under this 

10 Act shall annually compile a report describing the projects 

11 for which such funds were used, including— 

12 (1) the number of public schools served by the 

13 agency, including the number of charter schools; 

14 (2) the total amount of funds received by the 

15 local educational agency under this Act and the 

16 amount of such funds expended, including the 

17 amount expended for modernization, renovation, re18 pair, or construction of charter schools; 

19 (3) the number of public schools served by the 

20 agency designated with an urban-centric school lo21 cale code of 41, 42, or 43 as determined by the Na22 tional Center for Education Statistics and the per23 centage of funds received by the agency under title 

24 I or title II of this Act that were used for projects 

25 at such schools; 


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1 (4) the number of public schools served by the 

2 agency that are eligible for schoolwide programs 

3 under section 1114 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 6314) 

5 and the percentage of funds received by the agency 

6 under title I or title II of this Act that were used 

7 for projects at such schools; 

8 (5) for each project— 

9 (A) the cost; 

10 (B) the standard described in section 

11 309(a) with which the use of the funds com12 plied or, if the use of funds did not comply with 

13 a standard described in section 309(a), the rea14 son such funds were not able to be used in com15 pliance with such standards and the agency’s 

16 efforts to use such funds in an environmentally 

17 sound manner; 

18 (C) if flooring was installed, whether— 

19 (i) it was low- or no-VOC (Volatile 

20 Organic Compounds) flooring; 

21 (ii) it was made from sustainable ma22 terials; and 

23 (iii) use of flooring described in clause 

24 (i) or (ii) was cost effective; and 


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1 (D) any demonstrable or expected benefits 

2 as a result of the project (such as energy sav3 ings, improved indoor environmental quality, 

4 improved climate for teaching and learning, 

5 etc.); and 

6 (6) the total number and amount of contracts 

7 awarded, and the number and amount of contracts 

8 awarded to local, small, minority, and women- and 

9 veteran-owned businesses. 

10 (b) AVAILABILITY OF REPORTS.—A local educational 

11 agency shall— 

12 (1) submit the report described in subsection 

13 (a) to the State educational agency, which shall com14 pile such information and report it annually to the 

15 Secretary; and 

16 (2) make the report described in subsection (a) 

17 publicly available, including on the agency’s Web 

18 site. 

19 (c) REPORTS BY SECRETARY.—Not later than De20 cember 31 of each fiscal year, the Secretary shall submit 

21 to the Committee on Education and the Workforce of the 

22 House of Representatives and the Committee on Health, 

23 Education, Labor, and Pensions of the Senate, and make 

24 available on the Department of Education’s Web site, a 

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1 mation described in subsection (b)(1), the types of mod2 ernization, renovation, repair, and construction funded, 

3 and the number of students impacted, including the num4 ber of students counted under section 1113(a)(5) of the 

5 Elementary and Secondary Education Act of 1965 (20 

6 U.S.C. 6313(a)(5)). 

7 SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) TITLE I.—To carry out title I, there are author9 ized to be appropriated $6,400,000,000 for fiscal year 

10 2017 and such sums as may be necessary for each of fiscal 

11 years 2018 through 2022. 

12 (b) TITLE II.—To carry out title II, there are author13 ized to be appropriated $100,000,000 for each of fiscal 

14 years 2017 through 2022. 

Æ 


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