II 

117TH CONGRESS 

1ST SESSION S. 96 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2021 

Mr. REED (for himself, Mr. BROWN, Mr. MERKLEY, Ms. CORTEZ MASTO, Mr. 

CARDIN, Ms. SMITH, Mr. BOOKER, Mr. VAN HOLLEN, Mr. MURPHY, Ms. 

HIRONO, Ms. ROSEN, Mrs. GILLIBRAND, Mr. WHITEHOUSE, Mrs. SHAHEEN, Ms. KLOBUCHAR, Mr. LUJA ́N, Mr. CASEY, Mr. DURBIN, Ms. WARREN, Mr. BLUMENTHAL, Ms. HASSAN, Ms. DUCKWORTH, Mr. HEINRICH, 

Mr. LEAHY, Mr. COONS, and Ms. STABENOW) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

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 ‘‘Reopen and Rebuild America’s Schools Act of 2021’’. 

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. 


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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—USES OF FUNDS 

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. 

TITLE IV—REPORTS AND OTHER MATTERS 

Sec. 401. Comptroller General report. 

Sec. 402. Study and report on physical condition of public schools. 

Sec. 403. Development of data standards. 

Sec. 404. Information clearinghouse. 

TITLE V—IMPACT AID CONSTRUCTION 

Sec. 501. Temporary increase in funding for impact aid construction. 

TITLE VI—ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS 

AFFECTED BY PYRRHOTITE 

Sec. 601. Allocations to States. 

Sec. 602. Grants to local educational agencies. 

Sec. 603. Definitions. 

Sec. 604. Authorization of appropriations. 

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 

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1 mittee on Health, Education, Labor, and Pensions 

2 of the Senate. 

3 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu4 reau-funded school’’ has the meaning given that 

5 term in section 1141 of the Education Amendments 

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

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

8 funds’’ means funds received— 

9 (A) under title I of this Act; 

10 (B) from a school infrastructure bond; or 

11 (C) from a qualified zone academy bond 

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

13 Internal Revenue Code of 1986 (as restored by 

14 section 201)). 

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

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

17 have the meanings given those terms in section 8101 

18 of the Elementary and Secondary Education Act of 

19 1965 (20 U.S.C. 7801). 

20 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

22 that term in section 8101 of the Elementary and 

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

24 except that such term does not include a Bureau25 funded school. 


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1 (6) PUBLIC SCHOOL FACILITIES.—The term 

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

3 public elementary school or a public secondary 

4 school. 

5 (7) QUALIFIED LOCAL EDUCATIONAL AGEN6 CY.—The term ‘‘qualified local educational agency’’ 

7 means a local educational agency that receives funds 

8 under part A of title I of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 6311 et 

10 seq.). 

11 (8) SCHOOL INFRASTRUCTURE BOND.—The 

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

13 given such term in section 54BB of the Internal 

14 Revenue 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 

19 Commonwealth 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; 

24 and 


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

2 of such renewable energy that equals or exceeds 

3 the total amount of renewable energy that is 

4 delivered to the school from outside sources. 

5 TITLE I—GRANTS FOR THE 

6 LONG-TERM IMPROVEMENT 

7 OF PUBLIC SCHOOL FACILI8 TIES 

9 SEC. 101. PURPOSE AND RESERVATION. 

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

11 shall be for the purpose of supporting long-term improve12 ments to public school facilities in accordance with this 

13 Act. 

14 (b) RESERVATION FOR OUTLYING AREAS AND BU15 REAU-FUNDED SCHOOLS.— 

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

17 2022 through 2026, the Secretary shall reserve, 

18 from the amount appropriated to carry out this 

19 title— 

20 (A) one-half of 1 percent, to make alloca21 tions to the outlying areas in accordance with 

22 paragraph (3); and 

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

24 the Secretary of the Interior to provide assist25 ance to Bureau-funded schools. 


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1 (2) USE OF RESERVED FUNDS.— 

2 (A) IN GENERAL.—Funds reserved under 

3 paragraph (1) shall be used in accordance with 

4 title III. 

5 (B) SPECIAL RULES FOR BUREAU-FUNDED

6 SCHOOLS.— 

7 (i) APPLICABILITY.—The provisions 

8 of title III shall apply to a Bureau-funded 

9 school that receives assistance under para10 graph (1)(B) in the same manner that 

11 such provisions apply to a qualified local 

12 educational agency that receives covered 

13 funds. The facilities of a Bureau-funded 

14 school shall be treated as public school fa15 cilities for purposes of the application of 

16 such provisions. 

17 (ii) TREATMENT OF TRIBALLY OPER18 ATED SCHOOLS.—The Secretary of the In19 terior shall provide assistance to Bureau20 funded schools under paragraph (1)(B) 

21 without regard to whether such schools are 

22 operated by the Bureau of Indian Edu23 cation or by an Indian Tribe. In the case 

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1 fined in section 1141 of the Education 

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

3 operated by an Indian Tribe, the Secretary 

4 of the Interior shall provide assistance 

5 under such paragraph to the Indian Tribe 

6 concerned. 

7 (3) ALLOCATION TO OUTLYING AREAS.—From 

8 the amount reserved under paragraph (1)(A) for a 

9 fiscal year, the Secretary shall allocate to each out10 lying area an amount in proportion to the amount 

11 received by the outlying area under part A of title 

12 I of the Elementary and Secondary Education Act 

13 of 1965 (20 U.S.C. 6311 et seq.) for the previous 

14 fiscal year relative to the total such amount received 

15 by all outlying areas for such previous fiscal year. 

16 SEC. 102. ALLOCATION TO STATES. 

17 (a) ALLOCATION TO STATES.— 

18 (1) STATE-BY-STATE ALLOCATION.— 

19 (A) FISCAL YEAR 2022.—Of the amount 

20 appropriated to carry out this title for fiscal 

21 year 2022 and not reserved under section 

22 101(b), not later than 30 days after such funds 

23 are appropriated, each State that provides an 

24 assurance to the Secretary that the State will 

25 comply with the requirements of subsection (c) 


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1 shall be allocated an amount in proportion to 

2 the amount received by all local educational 

3 agencies in the State under part A of title I of 

4 the Elementary and Secondary Education Act 

5 of 1965 (20 U.S.C. 6311 et seq.) for the pre6 vious fiscal year relative to the total amount re7 ceived under such part for such fiscal year by 

8 all local educational agencies in every State that 

9 provides such an assurance to the Secretary. 

10 (B) OTHER FISCAL YEARS.—Of the 

11 amount appropriated to carry out this title for 

12 each fiscal year other than fiscal year 2022 and 

13 not reserved under section 101(b), each State 

14 that has a plan approved by the Secretary 

15 under subsection (b) shall be allocated an 

16 amount in proportion to the amount received by 

17 all local educational agencies in the State under 

18 part A of title I of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 6311 

20 et seq.) for the previous fiscal year relative to 

21 the total amount received under such part for 

22 such fiscal year by all local educational agencies 

23 in every State that has a plan approved by the 

24 Secretary 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— 

5 (A) shall include— 

6 (i) providing technical assistance to 

7 local educational agencies, including by— 

8 (I) identifying which State agen9 cies have programs, resources, and ex10 pertise relevant to the activities sup11 ported by the allocation under this 

12 section; and 

13 (II) coordinating the provision of 

14 technical assistance across such agen15 cies; 

16 (ii) in accordance with the guidance 

17 issued by the Secretary under section 403, 

18 developing an online, publicly searchable 

19 database that contains an inventory of the 

20 infrastructure of all public school facilities 

21 in the State (including the facilities of Bu22 reau-funded schools, as appropriate), in23 cluding, with respect to each such facility, 

24 an identification of— 


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1 (I) the information described in 

2 subclauses (I) through (VII) of clause 

3 (vi); 

4 (II) the age (including an identi5 fication of the date of any retrofits or 

6 recent renovations) of— 

7 (aa) the facility; 

8 (bb) its roof; 

9 (cc) its lighting system; 

10 (dd) its windows; 

11 (ee) its ceilings; 

12 (ff) its plumbing; and 

13 (gg) its heating, ventilation, 

14 and air conditioning system; 

15 (III) fire safety inspection re16 sults; 

17 (IV) the proximity of the facili18 ties to toxic sites or the vulnerability 

19 of the facilities to natural disasters, 

20 including the extent to which facilities 

21 that are vulnerable to seismic natural 

22 disasters are seismically retrofitted; 

23 (V) any previous inspections 

24 showing the presence of toxic sub25 stances; and 


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1 (VI) any improvements that are 

2 needed to support indoor and outdoor 

3 social distancing, personal hygiene, 

4 and building hygiene (including with 

5 respect to heating, ventilation, and air 

6 conditioning usage) in school facilities, 

7 consistent with guidance issued by the 

8 Centers for Disease Control and Pre9 vention; 

10 (iii) updating the database developed 

11 under clause (ii) not less frequently than 

12 once every 2 years; 

13 (iv) ensuring that the information in 

14 the database developed under clause (ii)— 

15 (I) is posted on a publicly acces16 sible State website; and 

17 (II) is regularly distributed to 

18 local educational agencies and Tribal 

19 governments in the State; 

20 (v) issuing and reviewing regulations 

21 to ensure the health and safety of students 

22 and staff during construction or renovation 

23 projects; 

24 (vi) issuing or reviewing regulations to 

25 ensure safe, healthy, and high-performing 


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1 school buildings, including regulations gov2 erning— 

3 (I) indoor environmental quality 

4 and ventilation, including exposure to 

5 carbon monoxide, carbon dioxide, 

6 lead-based paint, and other combus7 tion by-products such as oxides of ni8 trogen; 

9 (II) mold, mildew, and moisture 

10 control; 

11 (III) the safety of drinking water 

12 at the tap and water used for meal 

13 preparation, including regulations 

14 that— 

15 (aa) address the presence of 

16 lead and other contaminants in 

17 such water; and 

18 (bb) require the regular test19 ing of the potability of water at 

20 the tap; 

21 (IV) energy and water efficiency; 

22 (V) excessive classroom noise due 

23 to activities allowable under section 

24 301; 


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1 (VI) the levels of maintenance 

2 work, operational spending, and cap3 ital investment needed to maintain the 

4 quality of public school facilities; and 

5 (VII) the construction or renova6 tion of such facilities, including appli7 cable building codes; and 

8 (vii) creating a plan to reduce or 

9 eliminate exposure to toxic substances, in10 cluding mercury, radon, PCBs, lead, vapor 

11 intrusions, and asbestos; and 

12 (B) may include the development of a plan 

13 to increase the number of zero energy schools 

14 in the State. 

15 (b) STATE PLAN.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), to be eligible to receive an allocation 

18 under this section, a State shall submit to the Sec19 retary a plan that— 

20 (A) describes how the State will use the al21 location to make long-term improvements to 

22 public school facilities; 

23 (B) explains how the State will carry out 

24 each of its responsibilities under subsection 

25 (a)(2); 


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1 (C) explains how the State will make the 

2 determinations under subsections (b) through 

3 (d) of section 103; 

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

5 the State will maintain fiscal effort for the ac6 tivities supported by the allocation after the 

7 State no longer receives the allocation; and 

8 (E) includes such other information as the 

9 Secretary may require. 

10 (2) EXPEDITED PROCESS FOR FISCAL YEAR

11 2022.— 

12 (A) ASSURANCE TO SECRETARY.—To be 

13 eligible to receive an allocation for fiscal year 

14 2022 under section 101(a)(1)(A), a State shall 

15 provide to the Secretary an assurance that the 

16 State will comply with the requirements of sec17 tion 103(c). 

18 (B) SUBMITTAL OF STATE PLAN.—A State 

19 shall not be required to submit a State plan 

20 under paragraph (1) before receiving an alloca21 tion for fiscal year 2022 under subsection 

22 (a)(1)(A). A State that receives an allocation 

23 under such section for such fiscal year shall 

24 submit to the Secretary the State plan de25 scribed in paragraph (1) not later than 90 days 


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1 after the date on which such allocation is re2 ceived. 

3 (3) APPROVAL AND DISAPPROVAL.—The Sec4 retary shall have the authority to approve or dis5 approve a State plan submitted under paragraph 

6 (1). 

7 (c) CONDITIONS.—As a condition of receiving an allo8 cation under this section, a State shall agree to the fol9 lowing: 

10 (1) MATCHING REQUIREMENT.— 

11 (A) IN GENERAL.—The State shall con12 tribute, from non-Federal sources, an amount 

13 equal to 10 percent of the amount of the alloca14 tion received under this section to carry out the 

15 activities supported by the allocation. 

16 (B) DEADLINE.—The State shall provide 

17 any contribution required under subparagraph 

18 (A) not later than September 30, 2030. 

19 (C) CERTAIN FISCAL YEARS.—With re20 spect to a fiscal year for which more than 

21 $7,000,000,000 are appropriated to carry out 

22 this title, subparagraph (A) shall be applied as 

23 if ‘‘, from non-Federal sources,’’ were struck. 

24 (D) COMMITMENT TO PROPORTIONAL

25 STATE INVESTMENT IN SCHOOL FACILITIES.— 


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1 (i) IN GENERAL.—The State shall 

2 provide an assurance to the Secretary that 

3 for each fiscal year that the State receives 

4 an allocation under this section, the State’s 

5 share of school facilities capital outlay will 

6 be not less than 90 percent of the average 

7 of the State’s share of school facilities cap8 ital outlay for the 5 years preceding the 

9 fiscal year for which the allocation is re10 ceived. 

11 (ii) STATE’S SHARE OF SCHOOL FA12 CILITIES CAPITAL OUTLAY.—In this sub13 paragraph, the term ‘‘State’s share of 

14 school facilities capital outlay’’ means— 

15 (I) the total State expenditures 

16 on school facilities capital outlay 

17 projects; divided by 

18 (II) the total school facilities cap19 ital expenditures in the State on 

20 school facilities capital outlay projects. 

21 (iii) TOTAL STATE EXPENDITURES.— 

22 In this subparagraph, the term ‘‘total 

23 State expenditures’’ means the State’s 

24 total expenditures (from funds other than 

25 an allocation under this section) on school 


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1 facilities capital outlay projects, includ2 ing— 

3 (I) any direct expenditures by the 

4 State for the purpose of school facili5 ties capital outlay projects; and 

6 (II) funds provided by the State 

7 to local educational agencies for the 

8 purpose of school facilities capital out9 lay projects. 

10 (iv) TOTAL SCHOOL FACILITIES CAP11 ITAL EXPENDITURES IN THE STATE.—In 

12 this subparagraph, the term ‘‘total school 

13 facilities capital expenditures in the State’’, 

14 means the sum of— 

15 (I) the total State expenditures 

16 calculated under clause (iii); plus 

17 (II) all additional expenditures 

18 (from funds other than an allocation 

19 under this section) on school facilities 

20 capital outlay projects by local edu21 cational agencies in the State that 

22 were not included in the calculation of 

23 total State expenditures under clause 

24 (iii). 


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1 (2) SUPPLEMENT NOT SUPPLANT.—The State 

2 shall use an allocation under this section only to 

3 supplement the level of Federal, State, and local 

4 public funds that would, in absence of such alloca5 tion, be made available for the activities supported 

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

7 SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDU8 CATIONAL AGENCIES. 

9 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

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

11 from the amounts allocated to a State under section 

12 102(a) and contributed by the State under section 

13 102(c)(1), the State shall award grants to qualified 

14 local educational agencies, on a competitive basis, to 

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

16 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

17 State may use up to 10 percent of the amount de18 scribed in paragraph (1) to make grants to qualified 

19 local educational agencies carry out activities to im20 prove digital learning in accordance with section 

21 301(b). 

22 (b) ELIGIBILITY.— 

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

24 grant under this section a qualified local educational 

25 agency— 


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1 (A) shall be among the local educational 

2 agencies in the State with the highest numbers 

3 or percentages of students counted under sec4 tion 1124(c) of the Elementary and Secondary 

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

6 (B) shall agree to prioritize the improve7 ment of the facilities of public schools that 

8 serve the highest percentages of students who 

9 are eligible for a free or reduced price lunch 

10 under the Richard B. Russell National School 

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

12 the case of a high school, may be calculated 

13 using comparable data from the schools that 

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

15 public schools in the jurisdiction of the agency; 

16 and 

17 (C) shall be among the local educational 

18 agencies in the State with the most limited ca19 pacity to raise funds for the long-term improve20 ment of public school facilities, as determined 

21 by an assessment of— 

22 (i) the current and historic ability of 

23 the agency to raise funds for construction, 

24 renovation, modernization, and major re25 pair projects for schools; 


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1 (ii) whether the agency has been able 

2 to issue bonds or receive other funds to 

3 support school construction projects; and 

4 (iii) the bond rating of the agency. 

5 (2) EQUITABLE DISTRIBUTION.— 

6 (A) NUMBERS AND PERCENTAGES OF CER7 TAIN STUDENTS.—In making the determination 

8 under paragraph (1)(A), the State shall ensure 

9 that grants under this section are equitably dis10 tributed among— 

11 (i) qualified local educational agencies 

12 in the State with the highest numbers of 

13 students counted under section 1124(c) of 

14 the Elementary and Secondary Education 

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

16 (ii) qualified local educational agencies 

17 in the State with the highest percentages 

18 of students counted under such section. 

19 (B) GEOGRAPHIC DIVERSITY.—The State 

20 shall ensure that grants under this section are 

21 awarded to qualified local educational agencies 

22 that represent the geographic diversity of the 

23 State. 

24 (3) STATEWIDE THRESHOLDS.—The State shall 

25 establish reasonable thresholds for determining 


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1 whether a local educational agency is among agen2 cies in the State with the highest numbers or per3 centages of students counted under section 1124(c) 

4 of the Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 6333(c)) as required under para6 graph (1)(A). 

7 (c) PRIORITY OF GRANTS FOR FISCAL YEAR 2022.— 

8 In awarding grants under this section for fiscal year 

9 2022— 

10 (1) the State shall first award grants to quali11 fied local educational agencies that meet the require12 ments of subsection (d)(1) that will use the grant to 

13 improve the facilities of schools described in sub14 section (d)(1)(B) to support indoor and outdoor so15 cial distancing, personal hygiene, and building hy16 giene (including with respect to heating, ventilation, 

17 and air conditioning usage) in school facilities, con18 sistent with guidance issued by the Centers for Dis19 ease Control and Prevention; and 

20 (2) from any funds remaining after making 

21 grants to qualified local educational agencies that 

22 meet the requirements of paragraph (1), the State 

23 may award grants to other qualified local edu24 cational agencies in accordance with the priorities 

25 established under subsection (d). 


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1 (d) PRIORITY OF GRANTS FOR OTHER FISCAL

2 YEARS.—Except as provided in subsection (c), in award3 ing grants under this section, the State shall give priority 

4 to qualified local educational agencies that— 

5 (1)(A) demonstrate the greatest need for such 

6 a grant, as determined by a comparison of the fac7 tors described in subsection (b)(1) and other indica8 tors of need in the public school facilities of such 

9 local educational agencies, including— 

10 (i) the median age of facilities; 

11 (ii) the extent to which student enrollment 

12 exceeds physical and instructional capacity; 

13 (iii) the condition of major building sys14 tems such as heating, ventilation, air condi15 tioning, electrical, water, and sewer systems; 

16 (iv) the condition of roofs, windows, and 

17 doors; and 

18 (v) other critical health and safety condi19 tions; 

20 (B) will use the grant to improve the facilities 

21 of— 

22 (i) elementary schools or middle schools 

23 that have an enrollment of students who are eli24 gible for a free or reduced price lunch under the 

25 Richard B. Russell National School Lunch Act 


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1 (42 U.S.C. 1751 et seq.) that constitutes not 

2 less than 40 percent of the total student enroll3 ment at such schools; or 

4 (ii) high schools that have an enrollment of 

5 students who are eligible for a free or reduced 

6 price lunch under such Act that constitutes not 

7 less than 30 percent of the total student enroll8 ment at such schools (which may be calculated 

9 using comparable data from the schools that 

10 feed into the high school); and 

11 (C) operate public school facilities that pose a 

12 severe health and safety threat to students and staff, 

13 which may include consideration of threats posed by 

14 the proximity of the facilities to toxic sites or 

15 brownfield sites or the vulnerability of the facilities 

16 to natural disasters; or 

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

18 high-speed broadband sufficient to support digital 

19 learning in accordance with section 301(b); 

20 (B) serve elementary schools or secondary 

21 schools, including rural schools, that lack such ac22 cess; 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 (e) APPLICATION.—To be considered for a grant 

2 under this section, a qualified local educational agency 

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

4 such manner, and containing such information as the 

5 State may require. Such application shall include, at min6 imum— 

7 (1) the information necessary for the State to 

8 make the determinations under subsections (b) 

9 through (d); 

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

11 plans to carry out with the grant; 

12 (3) an explanation of how such projects will re13 duce risks to the health and safety of staff and stu14 dents at schools served by the agency; and 

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

16 that proposes to fund a repair, renovation, or con17 struction project for a public charter school, the ex18 tent to which— 

19 (A) the public charter school lacks access 

20 to funding for school repair, renovation, and 

21 construction through the financing methods 

22 available to other public schools or local edu23 cational agencies in the State; and 


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1 (B) the charter school operator owns or 

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

3 repaired, renovated, or constructed. 

4 (f) FACILITIES MASTER PLAN.— 

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

6 after receiving a grant under this section, a qualified 

7 local educational agency shall submit to the State a 

8 comprehensive 10-year facilities master plan. 

9 (2) ELEMENTS.—The facilities master plan re10 quired under paragraph (1) shall include, with re11 spect to all public school facilities of the qualified 

12 local educational agency, a description of— 

13 (A) the extent to which public school facili14 ties meet students’ educational needs and sup15 port the agency’s educational mission and vi16 sion; 

17 (B) the physical condition of the public 

18 school facilities; 

19 (C) the current health, safety, and environ20 mental conditions of the public school facilities, 

21 including— 

22 (i) indoor air quality; 

23 (ii) the presence of toxic substances; 

24 (iii) the safety of drinking water at 

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1 tion, including the level of lead and other 

2 contaminants in such water; 

3 (iv) energy and water efficiency; 

4 (v) excessive classroom noise; and 

5 (vi) other health, safety, and environ6 mental conditions that would impact the 

7 health, safety, and learning ability of stu8 dents; 

9 (D) how the local educational agency will 

10 address any conditions identified under sub11 paragraph (C); 

12 (E) the impact of current and future stu13 dent enrollment levels (as of the date of appli14 cation) on the design of current and future pub15 lic school facilities, as well as the financial im16 plications of such enrollment levels; 

17 (F) the dollar amount and percentage of 

18 funds the local educational agency will dedicate 

19 to capital construction projects for public school 

20 facilities, including— 

21 (i) any funds in the budget of the 

22 agency that will be dedicated to such 

23 projects; and 

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

25 agency that will be dedicated to such 


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1 projects, including any funds available to 

2 the agency as the result of a bond issue; 

3 and 

4 (G) the dollar amount and percentage of 

5 funds the local educational agency will dedicate 

6 to the maintenance and operation of public 

7 school facilities, including— 

8 (i) any funds in the budget of the 

9 agency that will be dedicated to the main10 tenance and operation of such facilities; 

11 and 

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

13 agency that will be dedicated to the main14 tenance and operation of such facilities. 

15 (3) CONSULTATION.—In developing the facili16 ties master plan required under paragraph (1)— 

17 (A) a qualified local educational agency 

18 shall consult with teachers, principals and other 

19 school leaders, custodial and maintenance staff, 

20 emergency first responders, school facilities di21 rectors, students and families, community resi22 dents, and Indian Tribes; and 

23 (B) in addition to the consultation required 

24 under subparagraph (A), a Bureau-funded 


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1 school shall consult with the Bureau of Indian 

2 Education. 

3 (g) SUPPLEMENT NOT SUPPLANT.—A qualified local 

4 educational agency shall use a grant received under this 

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

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

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

8 and not to supplant such funds. 

9 SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. 

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

11 each fiscal year beginning after the date of the enactment 

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

13 congressional committees a report on the projects carried 

14 out with funds made available under this title. 

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

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

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

18 (1) An identification of each local educational 

19 agency that received a grant under this title. 

20 (2) With respect to each such agency, a descrip21 tion of— 

22 (A) the demographic composition of the 

23 student population served by the agency, 

24 disaggregated by— 

25 (i) race; 


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1 (ii) the number and percentage of stu2 dents counted under section 1124(c) of the 

3 Elementary and Secondary Education Act 

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

5 (iii) the number and percentage of 

6 students who are eligible for a free or re7 duced price lunch under the Richard B. 

8 Russell National School Lunch Act (42 

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

10 (B) the population density of the geo11 graphic area served by the agency; 

12 (C) the projects for which the agency used 

13 the grant received under this title, described 

14 using measurements of school facility quality 

15 from the most recent available version of the 

16 Common Education Data Standards published 

17 by the National Center for Education Statistics; 

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 $20,000,000,000 for each of fiscal years 2022 through 


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1 2026 to carry out this title. Amounts so appropriated are 

2 authorized to remain available through fiscal year 2031. 

3 TITLE II—SCHOOL 

4 INFRASTRUCTURE BONDS 

5 SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX 

6 CREDIT BONDS. 

7 (a) ALLOWANCE OF CREDIT.— 

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

9 Revenue Code of 1986, as in effect on the day before 

10 repeal by Public Law 115–97, is revived. 

11 (2) CREDIT LIMITED TO CERTAIN BONDS.— 

12 (A) IN GENERAL.—Section 54A(d)(1) of 

13 such Code, as revived by paragraph (1), is 

14 amended by striking ‘‘means—’’ and all that 

15 follows through ‘‘which is part’’ and inserting 

16 ‘‘means a qualified zone academy bond which is 

17 part’’. 

18 (B) CONFORMING AMENDMENT.—Section 

19 54A(c)(2)(C) of such Code, as revived by para20 graph (1), is amended by striking ‘‘means—’’ 

21 and all that follows and inserting ‘‘a purpose 

22 specified in section 54E(a)(1)’’. 

23 (3) CONFORMING AMENDMENTS.— 


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1 (A) The Internal Revenue Code of 1986 is 

2 amended by inserting before section 54A (as re3 vived by paragraph (1)) the following: 

4 ‘‘Subpart I—Qualified Tax Credit Bonds 

‘‘Sec. 54A. Credit to holder of qualified tax credit bonds.’’. 

5 (B) Section 6401(b)(1) of such Code is 

6 amended by striking ‘‘and G’’ and inserting ‘‘G, 

7 and I’’. 

8 (C) The table of subparts for part IV of 

9 subchapter A of chapter 1 of such Code is 

10 amended by adding at the end the following: 

‘‘SUBPART I—QUALIFIED TAX CREDIT BONDS’’. 

11 (b) CREDIT ALLOWED TO ISSUER.— 

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

13 Revenue Code of 1986, as in effect on the day before 

14 repeal by Public Law 115–97, is revived. 

15 (2) CONFORMING AMENDMENT.—Section 

16 6211(b)(4) of such Code is amended by striking 

17 ‘‘and 6428A’’ and inserting ‘‘6428A, and 6431’’. 

18 (c) QUALIFIED ZONE ACADEMY BONDS.— 

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

20 Revenue Code of 1986, as in effect on the day before 

21 repeal by Public Law 115–97, is revived. 

22 (2) EXTENSION OF LIMITATION.—Section 

23 54(E)(c)(1) of such Code is amended— 


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1 (A) by striking ‘‘and $400,000,000’’ and 

2 inserting ‘‘$400,000,000’’, and 

3 (B) by striking ‘‘and, except as provided’’ 

4 and all that follows through the period at the 

5 end and inserting ‘‘, and $1,400,000,000 for 

6 2022 and each calendar year thereafter.’’. 

7 (3) REMOVAL OF PRIVATE BUSINESS CON8 TRIBUTION REQUIREMENT.—Section 54E of the In9 ternal Revenue Code of 1986, as revived by para10 graph (1) and amended by paragraph (2), is amend11 ed— 

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) by redesignating subsections (c) and 

18 (d) as subsections (b) and (c), respectively. 

19 (4) CONSTRUCTION OF A PUBLIC SCHOOL FA20 CILITY.—Section 54E(c)(3)(A) of the Internal Rev21 enue Code of 1986, as revived by paragraph (1) and 

22 redesignated in paragraph (3)(C), is amended by 

23 striking ‘‘rehabilitating or repairing’’ and inserting 

24 ‘‘constructing, rehabilitating, retrofitting, or repair25 ing’’. 


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1 (d) CONFORMING AMENDMENT RELATED TO APPLI2 CATION OF CERTAIN LABOR STANDARDS.— 

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

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

5 projects financed with the proceeds of any qualified 

6 zone academy bond (as defined in section 54E of the 

7 Internal Revenue Code of 1986) issued after the 

8 date of the enactment of the American Recovery and 

9 Reinvestment Tax Act of 2009. 

10 (2) CONFORMING AMENDMENT.—Section 1601 

11 of the American Recovery and Reinvestment Tax 

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

13 and redesignating paragraphs (4) and (5) as para14 graphs (3) and (4), respectively. 

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

16 this section shall apply to obligations issued after Decem17 ber 31, 2022. 

18 SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 

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

20 1986 is amended by inserting after subpart I (as revived 

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

22 the following new subpart: 

23 ‘‘Subpart J—School Infrastructure Bonds 

‘‘Sec. 54BB. School infrastructure bonds. 


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

2 ‘‘(a) IN GENERAL.—If a taxpayer holds a school in3 frastructure bond on one or more interest payment dates 

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

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

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

7 determined under subsection (b) with respect to such 

8 dates. 

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

10 determined under this subsection with respect to any in11 terest payment date for a school infrastructure bond is 

12 100 percent of the amount of interest payable by the 

13 issuer with respect to such date. 

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

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

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

17 the excess of— 

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

19 the taxpayer (as defined in section 26(b)) plus 

20 the tax imposed by section 55, over 

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

22 under this part (other than subpart C and this 

23 subpart). 

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

25 credit allowable under subsection (a) exceeds the 

26 limitation imposed by paragraph (1) for such taxable 


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1 year, such excess shall be carried to the succeeding 

2 taxable year and added to the credit allowable under 

3 subsection (a) for such taxable year (determined be4 fore the application of paragraph (1) for such suc5 ceeding taxable year). 

6 ‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 

7 ‘‘(1) IN GENERAL.—For purposes of this sec8 tion, the term ‘school infrastructure bond’ means 

9 any bond issued as part of an issue if— 

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

11 proceeds of such issue are to be used for the 

12 purposes described in section 301 of the Reopen 

13 and Rebuild America’s Schools Act of 2021, 

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

15 (but for this section) be excludable from gross 

16 income under section 103, 

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

18 paragraph (3), and 

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

20 purposes of this section. 

21 ‘‘(2) APPLICABLE RULES.—For purposes of ap22 plying paragraph (1)— 

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

24 school infrastructure bond shall not be treated 


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1 as federally guaranteed by reason of the credit 

2 allowed under section 6431(a), 

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

4 on a school infrastructure bond shall be deter5 mined without regard to the credit allowed 

6 under subsection (a), and 

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

8 school infrastructure bond if the issue price has 

9 more than a de minimis amount (determined 

10 under rules similar to the rules of section 

11 1273(a)(3)) of premium over the stated prin12 cipal amount of the bond. 

13 ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 

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

15 treated as meeting the requirements of this 

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

17 issuer reasonably expects 100 percent of the 

18 available project proceeds to be spent for pur19 poses described in section 301 of the Reopen 

20 and Rebuild America’s Schools Act of 2021 

21 within the 6-year period beginning on such date 

22 of issuance. 

23 ‘‘(B) FAILURE TO SPEND REQUIRED

24 AMOUNT OF BOND PROCEEDS WITHIN 6

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1 cent of the available project proceeds of the 

2 issue are expended at the close of the period de3 scribed in subparagraph (A) with respect to 

4 such issue, the issuer shall redeem all of the 

5 nonqualified bonds within 90 days after the end 

6 of such period. For purposes of this paragraph, 

7 the amount of the nonqualified bonds required 

8 to be redeemed shall be determined in the same 

9 manner as under section 142. 

10 ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES11 IGNATED.—The maximum aggregate face amount of 

12 bonds issued during any calendar year which may be des13 ignated under subsection (d)(1)(D) by any issuer shall not 

14 exceed the limitation amount allocated under subsection 

15 (g) for such calendar year to such issuer. 

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

17 DESIGNATED.—The national qualified school infrastruc18 ture bond limitation for each calendar year is— 

19 ‘‘(1) $10,000,000,000 for 2022, 

20 ‘‘(2) $10,000,000,000 for 2023, and 

21 ‘‘(3) $10,000,000,000 for 2024. 

22 ‘‘(g) ALLOCATION OF LIMITATION.— 

23 ‘‘(1) ALLOCATIONS.— 

24 ‘‘(A) STATES.—After application of sub25 paragraph (B) and paragraph (3)(A), the limiVerDate Sep 11 2014 18:17 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96

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1 tation applicable under subsection (f) for a cal2 endar year shall be allocated by the Secretary 

3 among the States in proportion to the respec4 tive amounts received by all local educational 

5 agencies in each State under part A of title I 

6 of the Elementary and Secondary Education 

7 Act of 1965 (20 U.S.C. 6311 et seq.) for the 

8 previous fiscal year relative to the total such 

9 amount received by all local educational agen10 cies for the most recent fiscal year ending be11 fore such calendar year. 

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

13 1 percent of the amount of the limitation appli14 cable under subsection (f) for a calendar year 

15 shall be allocated by the Secretary to posses16 sions of the United States other than Puerto 

17 Rico for such calendar year. 

18 ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita19 tion amount allocated to a State or possession under 

20 paragraph (1) shall be allocated by the State edu21 cational agency (or such other agency as is author22 ized under State law to make such allocation) to 

23 issuers within such State or possession in accord24 ance with the priorities described in subsections (c) 

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1 build America’s Schools Act of 2021 and the eligi2 bility requirements described in section 103(b) of 

3 such Act, except that paragraph (1)(C) of such sec4 tion shall not apply to the determination of eligibility 

5 for such allocation. 

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

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

8 of the amount of the limitation applicable under 

9 subsection (f) for any calendar year shall be al10 located by the Secretary to the Secretary of the 

11 Interior for schools funded by the Bureau of In12 dian Affairs for such calendar year. 

13 ‘‘(B) ALLOCATION TO SCHOOLS.—The lim14 itation amount allocated to the Secretary of the 

15 Interior under paragraph (1) shall be allocated 

16 by such Secretary to issuers or schools funded 

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

18 amounts allocated under the preceding sen19 tence, Indian tribal governments shall be treat20 ed as qualified issuers for purposes of this sub21 chapter. 

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

23 the limitation amount allocated under paragraph (1) 

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

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1 cated under paragraph (1)) or by the Secretary of 

2 the Interior to issuers or schools funded by the Bu3 reau of Indian Affairs (in the case of an amount al4 located under paragraph (3)(A)) to carry out activi5 ties to improve digital learning in accordance with 

6 section 301(b) of the Reopen and Rebuild America’s 

7 Schools Act of 2021. 

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

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

10 date on which the holder of record of the school infrastruc11 ture bond is entitled to a payment of interest under such 

12 bond. 

13 ‘‘(i) SPECIAL RULES.— 

14 ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE

15 BONDS INCLUDIBLE IN GROSS INCOME FOR FED16 ERAL INCOME TAX PURPOSES.—For purposes of this 

17 title, interest on any school infrastructure bond shall 

18 be includible in gross income. 

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

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

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

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

23 (b) CREDIT ALLOWED TO ISSUER.—Section 

24 6431(f)(3)(A) of such Code, as revived by section 

25 201(b)(1), is amended by striking ‘‘means any qualified 


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1 tax credit bond’’ and all that follows through the end of 

2 subparagraph (A) and inserting ‘‘means any bond if— 

3 ‘‘(A) such bond is— 

4 ‘‘(i) qualified tax credit bond which is 

5 a qualified zone academy bond (as defined 

6 in section 54E) determined without regard 

7 to any allocation relating to the national 

8 zone academy bond limitation for years 

9 after 2010 or any carryforward of any 

10 such allocation, or 

11 ‘‘(ii) any school infrastructure bond 

12 (as defined in section 54BB), and’’. 

13 (c) APPLICATION OF CERTAIN LABOR STANDARDS.— 

14 Subchapter IV of chapter 31 of the title 40, United States 

15 Code, shall apply to projects financed with the proceeds 

16 of any qualified zone academy bond (as defined in section 

17 54E of the Internal Revenue Code of 1986) issued after 

18 the date of the enactment of this Act. 

19 (d) CONFORMING AMENDMENTS.— 

20 (1) Section 6401(b)(1) of the Internal Revenue 

21 Code of 1986, as amended by section 201(a), is 

22 amended by striking ‘‘and I’’ and inserting ‘‘I, and 

23 J’’. 

24 (2) The table of subparts for part IV of sub25 chapter A of chapter 1 of such Code, as amended by 


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1 section 201(a), is amended by adding at the end the 

2 following: 

‘‘SUBPART J—SCHOOL INFRASTRUCTURE BONDS’’. 

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

4 this section shall apply to obligations issued after Decem5 ber 31, 2022. 

6 SEC. 203. ANNUAL REPORT ON BOND PROGRAM. 

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

8 each fiscal year beginning after the date of the enactment 

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

10 to the appropriate congressional committees a report on 

11 the amendments made by sections 201 and 202. 

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

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

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

15 (1) An identification of— 

16 (A) each local educational agency (if any) 

17 that received an allocation under section 

18 54E(b)(2) or 54BB(g) of the Internal Revenue 

19 Code of 1986, and 

20 (B) each local educational agency (if any) 

21 that was eligible to receive such funds but did 

22 not receive such funds. 

23 (2) With respect to each local educational agen24 cy described in paragraph (1)— 


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1 (A) an assessment of the capacity of the 

2 agency to raise funds for the long-term im3 provement of public school facilities, as deter4 mined by an assessment of— 

5 (i) the current and historic ability of 

6 the agency to raise funds for construction, 

7 renovation, modernization, and major re8 pair projects for schools, including the abil9 ity of the agency to raise funds through 

10 imposition of property taxes, 

11 (ii) whether the agency has been able 

12 to issue bonds to fund construction 

13 projects, including— 

14 (I) qualified zone academy bonds 

15 under section 54E of the Internal 

16 Revenue Code of 1986, and 

17 (II) school infrastructure bonds 

18 under section 54BB of the Internal 

19 Revenue Code of 1986, and 

20 (iii) the bond rating of the agency, 

21 (B) the demographic composition of the 

22 student population served by the agency, 

23 disaggregated by— 

24 (i) race, 


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1 (ii) the number and percentage of stu2 dents counted under section 1124(c) of the 

3 Elementary and Secondary Education Act 

4 of 1965 (20 U.S.C. 6333(c)), and 

5 (iii) the number and percentage of 

6 students who are eligible for a free or re7 duced price lunch under the Richard B. 

8 Russell National School Lunch Act (42 

9 U.S.C. 1751 et seq.), 

10 (C) the population density of the geo11 graphic area served by the agency, 

12 (D) a description of the projects carried 

13 out with funds received from school infrastruc14 ture bonds, 

15 (E) a description of the demonstrable or 

16 expected benefits of the projects, and 

17 (F) the estimated number of jobs created 

18 by the projects. 

19 (3) The total dollar amount of all funds re20 ceived by local educational agencies from school in21 frastructure bonds. 

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

23 Treasury determines to be appropriate. 

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

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1 tion 54E(b)(2) or 54BB(g) of the Internal Revenue Code 

2 of 1986 shall— 

3 (1) annually compile the information necessary 

4 for the Secretary of the Treasury to determine the 

5 elements described in subsection (b), and 

6 (2) report the information to the Secretary of 

7 the Treasury at such time and in such manner as 

8 the Secretary of the Treasury may require. 

9 (d) SECRETARY OF THE TREASURY.—For purposes 

10 of this section, the term ‘‘Secretary of the Treasury’’ in11 cludes the Secretary’s delegate. 

12 TITLE III—USES OF FUNDS 

13 SEC. 301. ALLOWABLE USES OF FUNDS. 

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

15 a local educational agency that receives covered funds may 

16 use such funds to— 

17 (1) develop the facilities master plan required 

18 under section 103(f); 

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

20 public school facilities, which may include seismic 

21 retrofitting for schools vulnerable to seismic natural 

22 disasters; 

23 (3) carry out major repairs of public school fa24 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) ensure current or anticipated enrollment 

9 does not exceed the physical and instructional capac10 ity of public school facilities; 

11 (9) ensure the building envelopes and interiors 

12 of public school facilities protect occupants from nat13 ural elements and human threats, and are struc14 turally sound and secure; 

15 (10) compose building design plans that 

16 strengthen the safety and security on school prem17 ises by utilizing design elements, principles, and 

18 technology that— 

19 (A) guarantee layers of security through20 out the school premises; and 

21 (B) uphold the aesthetics of the school 

22 premises as a learning and teaching environ23 ment; 


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1 (11) improve energy and water efficiency to 

2 lower the costs of energy and water consumption in 

3 public school facilities; 

4 (12) improve indoor air quality in public school 

5 facilities; 

6 (13) reduce or eliminate the presence of— 

7 (A) toxic substances, including mercury, 

8 radon, PCBs, lead, and asbestos; 

9 (B) mold and mildew; or 

10 (C) rodents and pests; 

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

12 tap and water used for meal preparation in public 

13 school facilities, which may include testing of the po14 tability of water at the tap for the presence of lead 

15 and other contaminants; 

16 (15) bring public school facilities into compli17 ance with applicable fire, health, and safety codes; 

18 (16) make public school facilities accessible to 

19 people with disabilities through compliance with the 

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

21 12101 et seq.) and section 504 of the Rehabilitation 

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

23 (17) provide instructional program space im24 provements for programs relating to early learning 

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1 ners of the agency), special education, science, tech2 nology, career and technical education, physical edu3 cation, music, the arts, and literacy (including li4 brary programs); 

5 (18) increase the use of public school facilities 

6 for the purpose of community-based partnerships 

7 that provide students with academic, health, and so8 cial services; 

9 (19) ensure the health of students and staff 

10 during the construction or modernization of public 

11 school facilities; or 

12 (20) reduce or eliminate excessive classroom 

13 noise due to activities allowable under this section. 

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

15 educational agency may use covered funds to leverage ex16 isting public programs or public-private partnerships to 

17 expand access to high-speed broadband sufficient for dig18 ital learning. 

19 SEC. 302. PROHIBITED USES. 

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

21 receives covered funds may not use such funds for— 

22 (1) payment of routine and predictable mainte23 nance costs and minor repairs; 


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1 (2) any facility that is primarily used for ath2 letic contests or exhibitions or other events for which 

3 admission is charged to the general public; 

4 (3) vehicles; or 

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

6 facilities that are not primarily used to educate stu7 dents. 

8 (b) ADDITIONAL PROHIBITIONS RELATING TO CHAR9 TER SCHOOLS.—No covered funds may be used— 

10 (1) for the facilities of a public charter school 

11 that is operated by a for-profit entity; or 

12 (2) for the facilities of a public charter school 

13 if— 

14 (A) the school leases the facilities from an 

15 individual or private sector entity; and 

16 (B) such individual, or an individual with 

17 a direct or indirect financial interest in such en18 tity, has a management or governance role in 

19 such school. 

20 SEC. 303. REQUIREMENTS FOR HAZARD-RESISTANCE AND 

21 ENERGY AND WATER CONSERVATION. 

22 A local educational agency that receives covered 

23 funds shall ensure that any new construction, moderniza24 tion, or renovation project carried out with such funds 

25 meets or exceeds the requirements of the following: 


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1 (1) Requirements for such projects set forth in 

2 the most recent published edition of a nationally rec3 ognized, consensus-based model building code. 

4 (2) Requirements for such projects set forth in 

5 the most recent published edition of a nationally rec6 ognized, consensus-based model energy conservation 

7 code. 

8 (3) Performance criteria under the WaterSense 

9 program, established under section 324B of the of 

10 the Energy Policy and Conservation Act (42 U.S.C. 

11 6294b), applicable to such projects within a nation12 ally recognized, consensus-based model code. 

13 (4) Indoor environmental air quality require14 ments applicable to such projects as set forth in the 

15 most recent published edition of a nationally recog16 nized, consensus-based standard. 

17 SEC. 304. GREEN PRACTICES. 

18 (a) IN GENERAL.—In a given fiscal year, a local edu19 cational agency that uses covered funds for a new con20 struction project or renovation project shall use not less 

21 than the applicable percentage (as described in subsection 

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

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

24 the applicable provisions of— 


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1 (1) the United States Green Building Council 

2 Leadership in Energy and Environmental Design 

3 green building rating standard (commonly known as 

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

5 (2) the Living Building Challenge developed by 

6 the International Living Future Institute; 

7 (3) a green building rating program developed 

8 by the Collaborative for High-Performance Schools 

9 (commonly known as ‘‘CHPS’’) that is CHPS10 verified; or 

11 (4) 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 ju16 risdiction 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 2022, 60 percent; 

22 (2) for fiscal year 2023, 70 percent; 

23 (3) for fiscal year 2024; 80 percent; 

24 (4) for fiscal year 2025, 90 percent; and 


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1 (5) for each of fiscal years 2026 through 2031, 

2 100 percent. 

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

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

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

7 and manufactured products used in projects carried out 

8 with such funds are produced in the United States. 

9 (b) WAIVER AUTHORITY.— 

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

11 the requirement of subsection (a) if the Secretary 

12 determines that— 

13 (A) applying subsection (a) would be in14 consistent 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 

22 than 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 

2 of 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 

6 international 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 compo14 nents of such product that were mined, pro15 duced, or manufactured in the United States 

16 exceeds 60 percent of the total cost of all com17 ponents of the product. 

18 (B) When used with respect to iron or 

19 steel products, or an individual component of a 

20 manufactured product, all manufacturing proc21 esses for such iron or steel products or compo22 nents, from the initial melting stage through 

23 the application of coatings, occurred in the 

24 United States, except that the term does not in25 clude— 


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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 

8 ‘‘manufactured product’’ means any construction 

9 material or end product (as such terms are defined 

10 in part 25.003 of the Federal Acquisition Regula11 tion) that is not an iron or steel product, includ12 ing— 

13 (A) electrical components; and 

14 (B) non-ferrous building materials, includ15 ing, aluminum and polyvinylchloride (PVC), 

16 glass, fiber optics, plastic, wood, masonry, rub17 ber, manufactured stone, any other non-ferrous 

18 metals, and any unmanufactured construction 

19 material. 

20 TITLE IV—REPORTS AND OTHER 

21 MATTERS 

22 SEC. 401. 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 

25 of the United States shall submit to the appropriate conVerDate Sep 11 2014 18:17 Feb 10, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96

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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) State activities, including— 

6 (A) the types of public school facilities 

7 data collected by each State, if any; 

8 (B) technical assistance with respect to 

9 public school facilities provided by each State, if 

10 any; 

11 (C) future plans of each State with respect 

12 to public school facilities; 

13 (D) criteria used by each State to deter14 mine high-need students and facilities for pur15 poses of the projects carried out with covered 

16 funds; and 

17 (E) whether the State issued new regula18 tions to ensure the health and safety of stu19 dents and staff during construction or renova20 tion projects or to ensure safe, healthy, and 

21 high-performing school buildings; 

22 (2) the types of projects carried out with cov23 ered funds, including— 

24 (A) the square footage of the improve25 ments made with covered funds; 


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

2 (C) the cost described in subparagraph 

3 (B), disaggregated by, with respect to such 

4 project, the cost of planning, design, construc5 tion, site purchase, and improvements; 

6 (3) the geographic distribution of the projects; 

7 (4) the demographic composition of the student 

8 population served by the projects, disaggregated 

9 by— 

10 (A) race; 

11 (B) the number and percentage of students 

12 counted under section 1124(c) of the Elemen13 tary and Secondary Education Act of 1965 (20 

14 U.S.C. 6333(c)); and 

15 (C) the number and percentage of students 

16 who are eligible for a free or reduced price 

17 lunch under the Richard B. Russell National 

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

19 (5) an assessment of the impact of the projects 

20 on the health and safety of school staff and stu21 dents; and 

22 (6) how the Secretary or States could make 

23 covered funds more accessible— 

24 (A) to schools 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 and 

4 (B) to schools with fiscal challenges in 

5 raising capital for school infrastructure 

6 projects. 

7 (c) UPDATES.—The Comptroller General shall up8 date and resubmit the report to the appropriate congres9 sional committees— 

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

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

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

13 after such date of enactment. 

14 SEC. 402. STUDY AND REPORT ON PHYSICAL CONDITION OF 

15 PUBLIC SCHOOLS. 

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

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

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

19 Director of the Institute of Education Sciences, shall— 

20 (1) carry out a comprehensive study of the 

21 physical conditions of all public schools in each State 

22 and outlying area; and 

23 (2) submit a report to the appropriate congres24 sional committees that includes the results of the 

25 study. 


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1 (b) ELEMENTS.—Each study and report under sub2 section (a) shall include— 

3 (1) an assessment of— 

4 (A) the effect of school facility conditions 

5 on student and staff health and safety; 

6 (B) the effect of school facility conditions 

7 on student academic outcomes; 

8 (C) the condition of school facilities, set 

9 forth separately by geographic region; 

10 (D) the condition of school facilities for 

11 economically disadvantaged students as well as 

12 students from major racial and ethnic sub13 groups; 

14 (E) the accessibility of school facilities for 

15 students and staff with disabilities; 

16 (F) the prevalence of school facilities at 

17 which student enrollment exceeds the physical 

18 and instructional capacity of the facility and the 

19 effect of such excess enrollment on instructional 

20 quality and delivery of school wraparound serv21 ices; 

22 (G) the condition of school facilities af23 fected by natural disasters; 

24 (H) the effect that projects carried out 

25 with covered funds have on the communities in 


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1 which such projects are conducted, including 

2 the vitality, jobs, population, and economy of 

3 such communities; and 

4 (I) the ability of building envelopes and in5 teriors of public school facilities to protect occu6 pants from natural elements and human 

7 threats; 

8 (2) an explanation of any differences observed 

9 with respect to the factors described in subpara10 graphs (A) through (I) of paragraph (1); and 

11 (3) a cost estimate for bringing school facilities 

12 to a state of good repair, as determined by the Sec13 retary. 

14 SEC. 403. DEVELOPMENT OF DATA STANDARDS. 

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

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

17 in consultation with the officials described in subsection 

18 (b), shall— 

19 (1) identify the data that States should collect 

20 and include in the databases developed under section 

21 102(a)(2)(A)(ii); 

22 (2) develop standards for the measurement of 

23 such data; and 

24 (3) issue guidance to States concerning the col25 lection and measurement of such data. 


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1 (b) OFFICIALS.—The officials described in this sub2 section are— 

3 (1) the Administrator of the Environmental 

4 Protection Agency; 

5 (2) the Secretary of Energy; 

6 (3) the Director of the Centers for Disease 

7 Control and Prevention; and 

8 (4) the Director of the National Institute for 

9 Occupational Safety and Health. 

10 SEC. 404. INFORMATION CLEARINGHOUSE. 

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

12 date of the enactment of this Act, the Secretary shall es13 tablish a clearinghouse to disseminate information on Fed14 eral programs and financing mechanisms that may be 

15 used to assist schools in initiating, developing, and financ16 ing— 

17 (1) energy efficiency projects; 

18 (2) distributed generation projects; and 

19 (3) energy retrofitting projects. 

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

21 Secretary shall— 

22 (1) consult with the officials described in sec23 tion 403(b) to develop a list of Federal programs 

24 and financing mechanisms to be included in the 

25 clearinghouse; and 


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1 (2) coordinate with such officials to develop a 

2 collaborative education and outreach effort to 

3 streamline communications and promote the Federal 

4 programs and financing mechanisms included in the 

5 clearinghouse, which may include the development 

6 and maintenance of a single online resource that in7 cludes contact information for relevant technical as8 sistance that may be used by States, outlying areas, 

9 local educational agencies, and Bureau-funded 

10 schools effectively access and use such Federal pro11 grams and financing mechanisms. 

12 TITLE V—IMPACT AID 

13 CONSTRUCTION 

14 SEC. 501. TEMPORARY INCREASE IN FUNDING FOR IMPACT 

15 AID CONSTRUCTION. 

16 Section 7014(d) of the Elementary and Secondary 

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

18 to read as follows: 

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

20 out section 7007, there are authorized to be appropriated 

21 $100,000,000 for each of fiscal years 2022 through 

22 2026.’’. 


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

4 PYRRHOTITE 

5 SEC. 601. ALLOCATIONS TO STATES. 

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

7 days after the date of the enactment of this Act, the Sec8 retary shall carry out a program under which the Sec9 retary makes allocations to States to pay the Federal 

10 share of the costs of making grants to local educational 

11 agencies under section 602. 

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

13 date of enactment of this Act, the Secretary shall publish, 

14 on a publicly accessible website of the Department of Edu15 cation, instructions describing how a State may receive an 

16 allocation under this section. 

17 SEC. 602. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

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

19 State under section 601(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 in2 curred by the agencies in making such repairs in the 

3 five-year period preceding the date of enactment of 

4 this Act. 

5 (b) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.— 

6 (1) ELIGIBILITY 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 

10 the agency seeks to use grant funds, dem11 onstrate to the State that— 

12 (i) the school is a pyrrhotite-affected 

13 school; and 

14 (ii) any laboratory tests, core tests, 

15 and visual inspections of the school’s foun16 dation used to determine that the school is 

17 a pyrrhotite-affected school were con18 ducted— 

19 (I) by a professional engineer li20 censed in the State in which the 

21 school is located; and 

22 (II) in accordance with applicable 

23 State standards or standards ap24 proved by any independent, nonprofit, 

25 or private entity authorized by the 


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1 State to oversee construction, testing, 

2 or financial relief efforts for damaged 

3 building foundations; and 

4 (B) provide an assurance that— 

5 (i) the local educational agency will 

6 use the grant only for the allowable uses 

7 described in subsection (f)(1); and 

8 (ii) all work funded with the grant 

9 will be conducted by a qualified contractor 

10 or architect licensed in the State. 

11 (2) ELIGIBILITY FOR REIMBURSEMENT

12 GRANTS.—To be eligible to receive a grant under 

13 subsection (a)(2), a local educational agency shall 

14 demonstrate that it met the requirements of para15 graph (1) at the time it carried out the project for 

16 which the agency seeks reimbursement. 

17 (c) APPLICATION.— 

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

19 that seeks a grant under this section shall submit to 

20 the State an application at such time, in such man21 ner, and containing such information as the State 

22 may require, which upon approval by the State 

23 under subsection (d)(1)(A), the State shall submit to 

24 the Secretary for approval under subsection 

25 (d)(1)(B). 


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

2 shall include— 

3 (A) information and documentation suffi4 cient to enable the State to determine if the 

5 local educational agency meets the eligibility 

6 criteria under subsection (b); 

7 (B) in the case of an agency seeking a 

8 grant under subsection (a)(1), an estimate of 

9 the costs of carrying out the activities described 

10 in subsection (f); 

11 (C) in the case of an agency seeking a 

12 grant under subsection (a)(2)— 

13 (i) an itemized explanation of— 

14 (I) the costs incurred by the 

15 agency in carrying out any activities 

16 described subsection (f); and 

17 (II) any amounts contributed 

18 from other Federal, State, local, or 

19 private sources for such activities; and 

20 (ii) the amount for which the local 

21 educational agency seeks reimbursement; 

22 and 

23 (D) the percentage of any costs described 

24 in subparagraph (B) or (C) that are covered by 

25 an insurance policy. 


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1 (d) APPROVAL AND DISBURSEMENT.— 

2 (1) APPROVAL.— 

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

4 application of each local educational agency for 

5 submission to the Secretary that— 

6 (i) submits a complete and correct ap7 plication under subsection (c); and 

8 (ii) meets the criteria for eligibility 

9 under subsection (b). 

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

11 after receiving an application of a local edu12 cational agency submitted by a State under 

13 subsection (c)(1), the Secretary shall— 

14 (i) approve such application, in a case 

15 in which the Secretary determines that 

16 such application meets the requirements of 

17 subparagraph (A); or 

18 (ii) deny such application, in the case 

19 of an application that does not meet such 

20 requirements. 

21 (2) DISBURSEMENT.— 

22 (A) ALLOCATION.—The Secretary shall 

23 disburse an allocation to a State not later than 

24 60 days after the date on which the Secretary 


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1 approves an application under paragraph 

2 (1)(B). 

3 (B) GRANT.—The State shall disburse 

4 grant funds to a local educational agency not 

5 later than 60 days after the date on which the 

6 State receives an allocation under subparagraph 

7 (A). 

8 (e) FEDERAL AND STATE SHARE.— 

9 (1) FEDERAL SHARE.—The Federal share of 

10 each grant under this section shall be an amount 

11 that is not more than 50 percent of the total cost 

12 of the project for which the grant is awarded. 

13 (2) STATE SHARE.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), the State share of each grant under 

16 this section shall be an amount that is not less 

17 than 40 percent of the total cost of the project 

18 for which the grant is awarded, which the State 

19 shall contribute from non-Federal sources. 

20 (B) SPECIAL RULE FOR REIMBURSEMENT

21 GRANTS.—In the case of a reimbursement grant 

22 made to a local educational agency under sub23 section (a)(2), a State shall be treated as meet24 ing the requirement of subparagraph (A) if the 

25 State demonstrates that it contributed, from 


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1 non-Federal sources, not less than 40 percent 

2 of the total cost of the project for which the re3 imbursement grant is awarded. 

4 (f) USES OF FUNDS.— 

5 (1) ALLOWABLE USES OF FUNDS.—A local edu6 cational agency that receives a grant under this sec7 tion shall use such grant only for costs associated 

8 with— 

9 (A) the repair or replacement of the con10 crete foundation or other affected areas of a 

11 pyrrhotite-affected school in the jurisdiction of 

12 such agency to the extent necessary— 

13 (i) to restore the structural integrity 

14 of the school to the safety and health 

15 standards established by the professional 

16 licensed engineer or architect associated 

17 with the project; and 

18 (ii) to restore the school to the condi19 tion it was in before the school’s founda20 tion was damaged due to the presence of 

21 pyrrhotite; and 

22 (B) engineering reports, architectural de23 sign, core tests, and other activities directly re24 lated to the repair or replacement project. 


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1 (2) PROHIBITED USES OF FUNDS.—A local edu2 cational agency that receives a grant under this sec3 tion may not use the grant for any costs associated 

4 with— 

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

6 barns, swimming pools (whether in-ground or 

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

8 ponds or water features; 

9 (B) the purchase of items not directly as10 sociated with the repair or replacement of the 

11 school building or its systems, including items 

12 such as desks, chairs, electronics, sports equip13 ment, or other school supplies; or 

14 (C) any other activities not described in 

15 paragraph (1). 

16 (g) LIMITATION.—A local educational agency may 

17 not, for the same project, receive a grant under both— 

18 (1) this section; and 

19 (2) title I. 

20 SEC. 603. DEFINITIONS. 

21 In this title: 

22 (1) PYRRHOTITE-AFFECTED SCHOOL.—The 

23 term ‘‘pyrrhotite-affected school’’ means an elemen24 tary school or a secondary school that meets the fol25 lowing criteria: 


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1 (A) The school has a concrete foundation. 

2 (B) Pyrrhotite is present in the school’s 

3 concrete foundation, as demonstrated by a 

4 petrographic or other type of laboratory core 

5 analysis or core inspection. 

6 (C) A visual inspection of the school’s con7 crete foundation indicates that the presence of 

8 pyrrhotite is causing the foundation to deterio9 rate at an unsafe rate. 

10 (D) A qualified engineer determined that 

11 the deterioration of the school’s foundation, due 

12 to the presence of pyrrhotite— 

13 (i) caused the school to become struc14 turally unsound; or 

15 (ii) will result in the school becoming 

16 structurally unsound within the next five 

17 years. 

18 (2) QUALIFIED CONTRACTOR.—The term 

19 ‘‘qualified contractor’’ means a contractor who is 

20 qualified under State law, or approved by any State 

21 agency or other State-sanctioned independent or 

22 nonprofit entity, to repair or replace residential or 

23 commercial building foundations that are deterio24 rating due to the presence of pyrrhotite. 


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1 SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this title such sums as may be necessary for fiscal year 

4 2022 and each fiscal year thereafter. 

Æ 


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