I 

118TH CONGRESS 

1ST SESSION H. R. 5049 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mr. SCOTT of Virginia (for himself, Mr. NORCROSS, Ms. STEVENS, Mrs. 

MCBATH, Ms. DEAN of Pennsylvania, Ms. WILSON of Florida, Ms. 

ESCOBAR, Mr. DAVID SCOTT of Georgia, Mr. PANETTA, Ms. SA ́NCHEZ, 

Ms. NORTON, Mr. TAKANO, Mr. SABLAN, Ms. BONAMICI, Mr. THOMPSON

of Mississippi, Mr. SMITH of Washington, Ms. JACOBS, Ms. CASTOR of 

Florida, Ms. MOORE of Wisconsin, Mr. CASTEN, Mr. LIEU, Mr. MCGOVERN, Ms. GARCIA of Texas, Ms. LOIS FRANKEL of Florida, Mr. 

KRISHNAMOORTHI, Ms. TITUS, Mr. SARBANES, Ms. PLASKETT, Ms. 

BALINT, Mr. IVEY, Mr. GREEN of Texas, Mr. DESAULNIER, Mr. DAVIS

of Illinois, Mr. POCAN, Mr. SHERMAN, Ms. BROWN, Mr. MFUME, Mrs. 

HAYES, Ms. STRICKLAND, Ms. PINGREE, Mr. TRONE, Mr. COURTNEY, 

Ms. WILD, Ms. OMAR, Mr. BEYER, Mr. MORELLE, Mrs. NAPOLITANO, 

Mr. LARSON of Connecticut, Ms. LEE of California, Ms. PORTER, Ms. 

DEGETTE, Mr. CUELLAR, Mr. GALLEGO, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. RUPPERSBERGER, Mr. PASCRELL, Mr. GARAMENDI, Ms. 

ROSS, Mr. SOTO, Mr. VARGAS, Mr. MRVAN, Ms. BROWNLEY, Mr. 

RASKIN, and Mr. GARCI ́A of Illinois) introduced the following bill; which 

was referred to the Committee on Education and the Workforce, and in 

addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the long-term improvement of public school 

facilities, and for other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Rebuild America’s Schools Act of 2023’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GRANTS FOR THE LONG-TERM IMPROVEMENT OF 

PUBLIC SCHOOL FACILITIES 

Sec. 101. Purpose and reservation. 

Sec. 102. Allocations 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. Office of School Infrastructure and Sustainability. 

Sec. 404. Development of data standards. 

Sec. 405. Information clearinghouse. 

Sec. 406. Sense of Congress on opportunity zones. 

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 


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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 

6 the Workforce of the House of Representatives and 

7 the Committee on Health, Education, Labor, and 

8 Pensions of the Senate. 

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

11 term in section 1141 of the Education Amendments 

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

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

14 funds’’ means funds received— 

15 (A) under title I of this Act; 

16 (B) from a school infrastructure bond; or 

17 (C) from a qualified zone academy bond 

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

19 Internal Revenue Code of 1986 (as restored by 

20 section 201)). 

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

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

23 have the meanings given those terms in section 8101 


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1 of the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 7801). 

3 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

5 that term in section 8101 of the Elementary and 

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

7 except that such term does not include a Bureau8 funded school. 

9 (6) NET ZERO ENERGY SCHOOL.—The term 

10 ‘‘net zero energy school’’ means a public elementary 

11 school or public secondary school that— 

12 (A) generates renewable energy on-site; 

13 and 

14 (B) produces enough renewable energy to 

15 meet its own annual energy consumption re16 quirements. 

17 (7) PUBLIC SCHOOL FACILITIES.—The term 

18 ‘‘public school facilities’’ means the facilities and 

19 grounds of a public elementary school or a public 

20 secondary school. 

21 (8) QUALIFIED LOCAL EDUCATIONAL AGEN22 CY.—The term ‘‘qualified local educational agency’’ 

23 means a local educational agency that receives funds 

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1 ondary Education Act of 1965 (20 U.S.C. 6311 et 

2 seq.). 

3 (9) SCHOOL INFRASTRUCTURE BOND.—The 

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

5 given such term in section 54BB of the Internal 

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

7 (10) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Education. 

9 (11) STATE.—The term ‘‘State’’ means each of 

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

11 Commonwealth of Puerto Rico. 

12 TITLE I—GRANTS FOR THE 

13 LONG-TERM IMPROVEMENT 

14 OF PUBLIC SCHOOL FACILI15 TIES 

16 SEC. 101. PURPOSE AND RESERVATION. 

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

18 shall be for the purpose of supporting long-term improve19 ments to public school facilities in accordance with this 

20 Act. 

21 (b) RESERVATION FOR OUTLYING AREAS AND BU22 REAU-FUNDED SCHOOLS.— 

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

24 2024 through 2028, the Secretary shall reserve, 


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1 from the amount appropriated to carry out this 

2 title— 

3 (A) one-half of 1 percent, to make alloca4 tions to the outlying areas in accordance with 

5 paragraph (3); and 

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

7 the Secretary of the Interior to provide assist8 ance to Bureau-funded schools. 

9 (2) USE OF RESERVED FUNDS.— 

10 (A) IN GENERAL.—Funds reserved under 

11 paragraph (1) shall be used in accordance with 

12 title III. 

13 (B) SPECIAL RULES FOR BUREAU-FUNDED

14 SCHOOLS.— 

15 (i) APPLICABILITY.—The provisions 

16 of title III shall apply to a Bureau-funded 

17 school that receives assistance under para18 graph (1)(B) in the same manner that 

19 such provisions apply to a qualified local 

20 educational agency that receives covered 

21 funds. The facilities of a Bureau-funded 

22 school shall be treated as public school fa23 cilities for purposes of the application of 

24 such provisions. 


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1 (ii) TREATMENT OF TRIBALLY OPER2 ATED SCHOOLS.—The Secretary of the In3 terior shall provide assistance to Bureau4 funded schools under paragraph (1)(B) 

5 without regard to whether such schools are 

6 operated by the Bureau of Indian Edu7 cation or by an Indian Tribe. In the case 

8 of a Bureau-funded school that is a con9 tract or grant school (as that term is de10 fined in section 1141 of the Education 

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

12 operated by an Indian Tribe, the Secretary 

13 of the Interior shall provide assistance 

14 under such paragraph to the Indian Tribe 

15 concerned. 

16 (3) ALLOCATION TO OUTLYING AREAS.—From 

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

18 fiscal year, the Secretary shall allocate to each out19 lying area an amount in proportion to the amount 

20 received by the outlying area under part A of title 

21 I of the Elementary and Secondary Education Act 

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

23 fiscal year relative to the total such amount received 

24 by all outlying areas for such previous fiscal year. 


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1 SEC. 102. ALLOCATION TO STATES. 

2 (a) ALLOCATION TO STATES.— 

3 (1) STATE-BY-STATE ALLOCATION.— 

4 (A) FISCAL YEAR 2024.—Of the amount 

5 appropriated to carry out this title for fiscal 

6 year 2024 and not reserved under section 

7 101(b), not later than 30 days after such funds 

8 are appropriated, each State that provides an 

9 assurance to the Secretary that the State will 

10 comply with the requirements of section 103(c) 

11 shall be allocated an amount in proportion to 

12 the amount received by all local educational 

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

14 the Elementary and Secondary Education Act 

15 of 1965 (20 U.S.C. 6311 et seq.) for the pre16 vious fiscal year relative to the total amount re17 ceived under such part for such fiscal year by 

18 all local educational agencies in every State that 

19 provides such an assurance to the Secretary. 

20 (B) OTHER FISCAL YEARS.—Of the 

21 amount appropriated to carry out this title for 

22 each fiscal year other than fiscal year 2024 and 

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

24 that has a plan approved by the Secretary 

25 under subsection (b) shall be allocated an 

26 amount in proportion to the amount received by 


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1 all local educational agencies in the State under 

2 part A of title I of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 6311 

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

5 the total amount received under such part for 

6 such fiscal year by all local educational agencies 

7 in every State that has a plan approved by the 

8 Secretary under subsection (b). 

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

10 not more than 5 percent of its allocation under para11 graph (1) to carry out its responsibilities under this 

12 Act, which shall include— 

13 (A) providing technical assistance to local 

14 educational agencies, including by— 

15 (i) identifying which State agencies 

16 have programs, resources, and expertise 

17 relevant to the activities supported by the 

18 allocation under this section; and 

19 (ii) coordinating the provision of tech20 nical assistance across such agencies; 

21 (B) in accordance with the guidance issued 

22 by the Secretary under section 404, developing 

23 an online, publicly searchable database that 

24 contains an inventory of the infrastructure of 

25 all public school facilities in the State (including 


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1 the facilities of Bureau-funded schools, as ap2 propriate), including, with respect to each such 

3 facility, an identification of— 

4 (i) the information described in 

5 clauses (i) through (vii) of subparagraph 

6 (F); 

7 (ii) the age (including an identifica8 tion of the date of any retrofits or recent 

9 renovations) of— 

10 (I) the facility; 

11 (II) its roof; 

12 (III) its electrical panels and 

13 lighting system; 

14 (IV) its windows and any sky15 lights; 

16 (V) its cooking equipment and 

17 major appliances; 

18 (VI) its plumbing; and 

19 (VII) its heating, ventilation, and 

20 air conditioning system, including any 

21 energy management controls and sys22 tems; 

23 (iii) fire safety inspection results; 

24 (iv) the proximity of the facilities to 

25 toxic sites, including sites contaminated by 


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1 per- and polyfluoroalkyl substances, or the 

2 vulnerability of the facilities to natural dis3 asters, including the extent to which facili4 ties that are vulnerable to seismic natural 

5 disasters are seismically retrofitted; 

6 (v) any previous inspections showing 

7 the presence of toxic substances, including 

8 per- and polyfluoroalkyl substances; 

9 (vi) any improvements that are needed 

10 to support indoor and outdoor social 

11 distancing, personal hygiene, and building 

12 hygiene (including with respect to heating, 

13 ventilation, and air conditioning usage) in 

14 school facilities, consistent with guidance 

15 issued by the Centers for Disease Control 

16 and Prevention; and 

17 (vii) any improvements that are need18 ed to support energy and water efficiency, 

19 resilience, and climate mitigation; 

20 (C) updating the database developed under 

21 subparagraph (B) not less frequently than once 

22 every 3 years; 

23 (D) ensuring that the information in the 

24 database developed under subparagraph (B)— 


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1 (i) is posted on a publicly accessible 

2 State website; and 

3 (ii) is regularly distributed to local 

4 educational agencies and Tribal govern5 ments in the State; 

6 (E) issuing and reviewing regulations to 

7 ensure the health and safety of students and 

8 staff during construction or renovation projects; 

9 (F) issuing or reviewing regulations to en10 sure safe, healthy, and high-performing school 

11 buildings, including regulations governing— 

12 (i) indoor environmental quality and 

13 ventilation, including exposure to carbon 

14 monoxide, carbon dioxide, lead-based paint, 

15 and other combustion by-products such as 

16 oxides of nitrogen; 

17 (ii) mold, mildew, and moisture con18 trol; 

19 (iii) the safety of drinking water at 

20 the tap and water used for meal prepara21 tion, including regulations that— 

22 (I) address the presence of lead 

23 and other contaminants, including 

24 per- and polyfluoroalkyl substances, in 

25 such water; and 


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1 (II) require the regular testing of 

2 the potability of water at the tap and 

3 testing for contaminants, including 

4 per- and polyfluoroalkyl substances; 

5 (iv) energy and water efficiency; 

6 (v) excessive classroom noise due to 

7 activities allowable under section 301; 

8 (vi) the levels of maintenance work, 

9 operational spending, and capital invest10 ment needed to maintain the quality of 

11 public school facilities; and 

12 (vii) the construction or renovation of 

13 such facilities, including applicable building 

14 codes; 

15 (G) creating a plan to reduce or eliminate 

16 exposure to toxic substances, including mercury, 

17 radon, PCBs, lead, vapor intrusions, per- and 

18 polyfluoroalkyl substances, and asbestos; and 

19 (H) creating a plan to increase the number 

20 of net zero energy schools in the State, includ21 ing professional development opportunities for 

22 State and local educational agency staff in23 volved in maintenance, operations, and school 

24 facilities capital outlay projects related to en25 ergy and water efficiency, resilience, climate 


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1 mitigation, renewable energy, energy storage, 

2 and building electrification. 

3 (b) STATE PLAN.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), to be eligible to receive an allocation 

6 under this section, a State shall submit to the Sec7 retary a plan that— 

8 (A) describes how the State will use the al9 location to make long-term improvements to 

10 public school facilities; 

11 (B) explains how the State will carry out 

12 each of its responsibilities under subsection 

13 (a)(2); 

14 (C) explains how the State will make the 

15 determinations under subsections (b) through 

16 (d) of section 103, including how the State will 

17 consider the impact that projects will have on 

18 student diversity and racial and socioeconomic 

19 isolation of students attending any current (as 

20 of the time of the submission of the plan) or fu21 ture public school facilities supported by such 

22 projects; 

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

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1 tivities supported by the allocation after the 

2 State no longer receives the allocation; and 

3 (E) includes such other information as the 

4 Secretary may require. 

5 (2) EXPEDITED PROCESS FOR FISCAL YEAR

6 2024.— 

7 (A) ASSURANCE TO SECRETARY.—To be 

8 eligible to receive an allocation for fiscal year 

9 2024 under subsection (a)(1)(A), a State shall 

10 provide to the Secretary an assurance that the 

11 State will comply with the requirements of sec12 tion 103(c). 

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

14 shall not be required to submit a State plan 

15 under paragraph (1) before receiving an alloca16 tion for fiscal year 2024 under subsection 

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

18 under such subsection for such fiscal year shall 

19 submit to the Secretary the State plan de20 scribed in paragraph (1) not later than 90 days 

21 after the date on which such allocation is re22 ceived. 

23 (3) APPROVAL AND DISAPPROVAL.—The Sec24 retary shall have the authority to approve or disVerDate Sep 11 2014 01:46 Aug 16, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5049.IH H5049

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1 approve a State plan submitted under paragraph 

2 (1). 

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

6 (1) MATCHING REQUIREMENT.— 

7 (A) IN GENERAL.—The State shall con8 tribute, from non-Federal sources, an amount 

9 equal to 10 percent of the amount of the alloca10 tion received under this section to carry out the 

11 activities supported by the allocation. 

12 (B) DEADLINE.—The State shall provide 

13 any contribution required under subparagraph 

14 (A) not later than September 30, 2031. 

15 (C) CERTAIN FISCAL YEARS.—With re16 spect to a fiscal year for which more than 

17 $7,000,000,000 are appropriated to carry out 

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

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

20 (D) COMMITMENT TO PROPORTIONAL

21 STATE INVESTMENT IN SCHOOL FACILITIES.— 

22 (i) IN GENERAL.—The State shall 

23 provide an assurance to the Secretary that 

24 for each fiscal year that the State receives 

25 an allocation under this section, the State’s 


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1 share of school facilities capital outlay will 

2 be not less than 90 percent of the average 

3 of the State’s share of school facilities cap4 ital outlay for the 5 years preceding the 

5 fiscal year for which the allocation is re6 ceived. 

7 (ii) WAIVER.—Notwithstanding clause 

8 (i), in response to a request from a State, 

9 the Secretary may modify or waive, in 

10 whole or in part, the requirement of clause 

11 (i) if the Secretary determines that such 

12 State demonstrates an exceptional or un13 controllable circumstance, such as a nat14 ural disaster, pandemic, or precipitous de15 cline in revenue. 

16 (iii) STATE’S SHARE OF SCHOOL FA17 CILITIES CAPITAL OUTLAY.—In this sub18 paragraph, the term ‘‘State’s share of 

19 school facilities capital outlay’’ means— 

20 (I) the total State expenditures 

21 on school facilities capital outlay 

22 projects; divided by 

23 (II) the total school facilities cap24 ital expenditures in the State on 

25 school facilities capital outlay projects. 


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1 (iv) TOTAL STATE EXPENDITURES.— 

2 In this subparagraph, the term ‘‘total 

3 State expenditures’’ means the State’s 

4 total expenditures (from funds other than 

5 an allocation under this section) on school 

6 facilities capital outlay projects, includ7 ing— 

8 (I) any direct expenditures by the 

9 State for the purpose of school facili10 ties capital outlay projects; and 

11 (II) funds provided by the State 

12 to local educational agencies for the 

13 purpose of school facilities capital out14 lay projects. 

15 (v) TOTAL SCHOOL FACILITIES CAP16 ITAL EXPENDITURES IN THE STATE.—In 

17 this subparagraph, the term ‘‘total school 

18 facilities capital expenditures in the State’’, 

19 means the sum of— 

20 (I) the total State expenditures 

21 calculated under clause (iv); plus 

22 (II) all additional expenditures 

23 (from funds other than an allocation 

24 under this section) on school facilities 

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1 cational agencies in the State that 

2 were not included in the calculation of 

3 total State expenditures under clause 

4 (iv). 

5 (2) SUPPLEMENT NOT SUPPLANT.—The State 

6 shall use an allocation under this section only to 

7 supplement the level of State public funds that 

8 would, in absence of the receipt of Federal funds 

9 under this section, be made available for the State’s 

10 contribution to school facilities capital outlays, and 

11 not to supplant such State public funds. 

12 SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDU13 CATIONAL AGENCIES. 

14 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

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

16 from the amounts allocated to a State under section 

17 102(a) and contributed by the State under section 

18 102(c)(1), the State shall award grants to qualified 

19 local educational agencies, on a competitive basis, to 

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

21 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

22 State may use up to 10 percent of the amount de23 scribed in paragraph (1) to make grants to qualified 

24 local educational agencies to carry out activities to 


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1 improve digital learning in accordance with section 

2 301(b). 

3 (b) ELIGIBILITY.— 

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

5 grant under this section, a qualified local edu6 cational agency— 

7 (A) shall be among the local educational 

8 agencies in the State with the highest numbers 

9 or percentages of students counted under sec10 tion 1124(c) of the Elementary and Secondary 

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

12 (B) shall agree to prioritize the improve13 ment of the facilities of public schools that 

14 serve the highest percentages of students who 

15 are eligible for a free or reduced price lunch 

16 under the Richard B. Russell National School 

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

18 the case of a high school, may be calculated 

19 using comparable data from the schools that 

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

21 public schools in the jurisdiction of the agency; 

22 and 

23 (C) shall be among the local educational 

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1 ment of public school facilities, as determined 

2 by an assessment of— 

3 (i) the current and historic ability of 

4 the agency to raise funds for construction, 

5 renovation, modernization, and major re6 pair projects for schools; 

7 (ii) whether the agency has been able 

8 to issue bonds or receive other funds to 

9 support school construction projects; and 

10 (iii) the bond rating of the agency. 

11 (2) EQUITABLE DISTRIBUTION.— 

12 (A) NUMBERS AND PERCENTAGES OF CER13 TAIN STUDENTS.—In making the determination 

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

15 that grants under this section are equitably dis16 tributed among— 

17 (i) qualified local educational agencies 

18 in the State with the highest numbers of 

19 students counted under section 1124(c) of 

20 the Elementary and Secondary Education 

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

22 (ii) qualified local educational agencies 

23 in the State with the highest percentages 

24 of students counted under such section. 


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1 (B) GEOGRAPHIC DIVERSITY.—The State 

2 shall ensure that grants under this section are 

3 awarded to qualified local educational agencies 

4 that represent the geographic diversity of the 

5 State. 

6 (3) STATEWIDE THRESHOLDS.—The State shall 

7 establish reasonable thresholds for determining 

8 whether a local educational agency is among agen9 cies in the State with the highest numbers or per10 centages of students counted under section 1124(c) 

11 of the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 6333(c)) as required under para13 graph (1)(A). 

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

15 under this section, the State shall give priority to qualified 

16 local educational agencies that— 

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

18 a grant, as determined by a comparison of the fac19 tors described in subsection (b)(1) and other indica20 tors of need in the public school facilities of such 

21 local educational agencies, including— 

22 (i) the median age of facilities; 

23 (ii) the extent to which student enrollment 

24 exceeds physical and instructional capacity; 


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1 (iii) the condition of major building sys2 tems such as heating, ventilation, air condi3 tioning, electrical, water, and sewer systems; 

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

5 doors; and 

6 (v) other critical health and safety condi7 tions; 

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

9 of— 

10 (i) elementary schools or middle schools 

11 that have an enrollment of students who are eli12 gible for a free or reduced price lunch under the 

13 Richard B. Russell National School Lunch Act 

14 (42 U.S.C. 1751 et seq.) that constitutes not 

15 less than 40 percent of the total student enroll16 ment at such schools; or 

17 (ii) high schools that have an enrollment of 

18 students who are eligible for a free or reduced 

19 price lunch under such Act that constitutes not 

20 less than 30 percent of the total student enroll21 ment at such schools (which may be calculated 

22 using comparable data from the schools that 

23 feed into the high school); and 

24 (C) operate public school facilities that pose a 

25 severe health and safety threat to students and staff, 


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1 which may include consideration of threats posed by 

2 the proximity of the facilities to toxic sites or 

3 brownfield sites or the vulnerability of the facilities 

4 to natural disasters; or 

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

6 high-speed broadband sufficient to support digital 

7 learning in accordance with section 301(b); 

8 (B) serve elementary schools or secondary 

9 schools, including rural schools, that lack such ac10 cess; and 

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

12 forth in subparagraphs (A) through (C) of para13 graph (1). 

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

15 under this section, a qualified local educational agency 

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

17 such manner, and containing such information as the 

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

20 (1) the information necessary for the State to 

21 make the determinations under subsections (b) and 

22 (c); 

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

24 plans to carry out with the grant; 

25 (3) an explanation of how such projects will— 


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1 (A) improve conditions for the health and 

2 safety of staff and students at schools served by 

3 the agency; 

4 (B) improve learning and reduce inequity 

5 for such students; and 

6 (C) improve school facilities’ performance 

7 with respect to energy and water efficiency, re8 silience, and climate mitigation; 

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

10 that proposes to fund a repair, renovation, or con11 struction project for a public charter school, the ex12 tent to which— 

13 (A) the public charter school lacks access 

14 to funding for school repair, renovation, and 

15 construction through the financing methods 

16 available to other public schools or local edu17 cational agencies in the State; and 

18 (B) the charter school operator owns or 

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

20 repaired, renovated, or constructed; and 

21 (5) an explanation of how the local educational 

22 agency plans to increase the number of contracts 

23 such agency has with certified small businesses, mi24 nority-owned businesses, veteran-owned businesses, 

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1 mission of the application by awarding such con2 tracts under projects supported by the grant. 

3 (e) FACILITIES MASTER PLAN.— 

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

5 after receiving a grant under this section, a qualified 

6 local educational agency shall submit to the State a 

7 comprehensive 10-year facilities master plan. 

8 (2) ELEMENTS.—The facilities master plan re9 quired under paragraph (1) shall include, with re10 spect to all public school facilities of the qualified 

11 local educational agency, a description of— 

12 (A) the extent to which public school facili13 ties meet students’ educational needs and sup14 port the agency’s educational mission and vi15 sion; 

16 (B) the physical condition of the public 

17 school facilities; 

18 (C) the current health, safety, and environ19 mental conditions of the public school facilities, 

20 including— 

21 (i) indoor air quality; 

22 (ii) the presence of toxic substances; 

23 (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, resil4 ience, and climate mitigation; 

5 (v) excessive classroom noise; and 

6 (vi) other health, safety, and environ7 mental conditions that would impact the 

8 health, safety, and learning ability of stu9 dents; 

10 (D) how the local educational agency will 

11 address the conditions identified under subpara12 graph (C), including identifying performance 

13 targets where applicable; 

14 (E) the impact of current and future stu15 dent enrollment levels (as of the date of appli16 cation) on the design of current and future pub17 lic school facilities, as well as the financial im18 plications of such enrollment levels; 

19 (F) the dollar amount and percentage of 

20 funds the local educational agency will dedicate 

21 to capital construction projects for public school 

22 facilities, including— 

23 (i) any funds in the budget of the 

24 agency that will be dedicated to such 

25 projects; and 


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

2 agency that will be dedicated to such 

3 projects, including any funds available to 

4 the agency as the result of a bond issue; 

5 and 

6 (G) the dollar amount and percentage of 

7 funds the local educational agency will dedicate 

8 to the maintenance and operation of public 

9 school facilities, including— 

10 (i) any funds in the budget of the 

11 agency that will be dedicated to the main12 tenance and operation of such facilities; 

13 and 

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

15 agency that will be dedicated to the main16 tenance and operation of such facilities. 

17 (3) CONSULTATION.—In developing the facili18 ties master plan required under paragraph (1)— 

19 (A) a qualified local educational agency 

20 shall consult with teachers, principals and other 

21 school leaders, custodial and maintenance staff, 

22 emergency first responders, school facilities di23 rectors, students and families, community resi24 dents, and Indian Tribes; and 


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1 (B) in addition to the consultation required 

2 under subparagraph (A), a Bureau-funded 

3 school shall consult with the Bureau of Indian 

4 Education. 

5 SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. 

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

7 each fiscal year beginning after the date of the enactment 

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

9 congressional committees a report on the projects carried 

10 out with funds made available under this title. 

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

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

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

14 (1) An identification of each local educational 

15 agency that received a grant under this title. 

16 (2) With respect to each such agency, a descrip17 tion of— 

18 (A) the demographic composition of the 

19 student population served by the agency, 

20 disaggregated by— 

21 (i) race; 

22 (ii) the number and percentage of stu23 dents counted under section 1124(c) of the 

24 Elementary and Secondary Education Act 

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


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1 (iii) the number and percentage of 

2 students who are eligible for a free or re3 duced price lunch under the Richard B. 

4 Russell National School Lunch Act (42 

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

6 (B) the population density of the geo7 graphic area served by the agency; 

8 (C) the projects for which the agency used 

9 the grant received under this title, described 

10 using measurements of school facility quality 

11 from the most recent available version of the 

12 Common Education Data Standards published 

13 by the National Center for Education Statistics; 

14 (D) the demonstrable or expected benefits 

15 of the projects, including any improvements— 

16 (i) to conditions for health, safety, 

17 and learning; and 

18 (ii) to school facilities with respect to 

19 energy and water efficiency, resilience, re20 duced carbon emissions, and climate miti21 gation; 

22 (E) the square footage of the improve23 ments made with covered funds; 

24 (F) the total cost of each such project— 

25 (i) in total; and 


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1 (ii) disaggregated by the costs of plan2 ning, design, construction, site purchase, 

3 and improvements; 

4 (G) the estimated number of jobs created 

5 by the projects; 

6 (H) of the total number of contracts 

7 awarded under the project, the percentage of 

8 such contracts that were awarded to certified 

9 small businesses, minority-owned businesses, 

10 veteran-owned businesses, and women-owned 

11 businesses; and 

12 (I)(i) the total dollar value of contracts 

13 awarded under the project to certified small 

14 businesses, minority-owned businesses, veteran15 owned businesses, and women-owned busi16 nesses, respectively; and 

17 (ii) the total dollar value of contracts 

18 awarded under the project to all such busi19 nesses combined. 

20 (3) The total dollar amount of all grants re21 ceived by local educational agencies under this title. 

22 (c) LEA INFORMATION COLLECTION.—A local edu23 cational agency that receives a grant under this title 

24 shall— 


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1 (1) annually compile the information described 

2 in subsection (b)(2); 

3 (2) make the information available to the pub4 lic, including by posting the information on a pub5 licly accessible agency website; and 

6 (3) submit the information to the State. 

7 (d) STATE INFORMATION DISTRIBUTION.—A State 

8 that receives information from a local educational agency 

9 under subsection (c) shall— 

10 (1) compile the information and report it annu11 ally to the Secretary at such time and in such man12 ner as the Secretary may require; 

13 (2) make the information available to the pub14 lic, including by posting the information on a pub15 licly accessible State website; and 

16 (3) regularly distribute the information to local 

17 educational agencies and Tribal governments in the 

18 State. 

19 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated 

21 $20,000,000,000 for each of fiscal years 2024 through 

22 2028 to carry out this title. Amounts so appropriated are 

23 authorized to remain available through fiscal year 2033. 


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1 TITLE II—SCHOOL 

2 INFRASTRUCTURE BONDS 

3 SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX 

4 CREDIT BONDS. 

5 (a) ALLOWANCE OF CREDIT.— 

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

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

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

9 (2) CREDIT LIMITED TO CERTAIN BONDS.— 

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

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

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

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

14 ‘‘means a qualified zone academy bond which is 

15 part’’. 

16 (B) CONFORMING AMENDMENT.—Section 

17 54A(c)(2)(C) of such Code, as revived by para18 graph (1), is amended by striking ‘‘means—’’ 

19 and all that follows and inserting ‘‘a purpose 

20 specified in section 54E(a)(1)’’. 

21 (3) CONFORMING AMENDMENTS.— 

22 (A) The Internal Revenue Code of 1986 is 

23 amended by inserting before section 54A (as re24 vived by paragraph (1)) the following: 


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1 ‘‘Subpart I—Qualified Tax Credit Bonds 

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

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

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

4 and I’’. 

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

6 subchapter A of chapter 1 of such Code is 

7 amended by adding at the end the following: 

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

8 (b) CREDIT ALLOWED TO ISSUER.— 

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

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

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

12 (2) CONFORMING AMENDMENT.—Section 

13 6211(b)(4) of such Code is amended by striking 

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

15 (c) QUALIFIED ZONE ACADEMY BONDS.— 

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

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

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

19 (2) EXTENSION OF LIMITATION.—Section 

20 54(E)(c)(1) of such Code is amended— 

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

22 inserting ‘‘$400,000,000’’, and 

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

24 and all that follows through the period at the 


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

2 2023 and each calendar year thereafter.’’. 

3 (3) REMOVAL OF PRIVATE BUSINESS CON4 TRIBUTION REQUIREMENT.—Section 54E of the In5 ternal Revenue Code of 1986, as revived by para6 graph (1) and amended by paragraph (2), is amend7 ed— 

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

9 ‘‘and’’ at the end of subparagraph (A), by strik10 ing subparagraph (B), and by redesignating 

11 subparagraph (C) as subparagraph (B), 

12 (B) by striking subsection (b), and 

13 (C) by redesignating subsections (c) and 

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

15 (4) CONSTRUCTION OF A PUBLIC SCHOOL FA16 CILITY.—Section 54E(c)(3)(A) of the Internal Rev17 enue Code of 1986, as revived by paragraph (1) and 

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

19 striking ‘‘rehabilitating or repairing’’ and inserting 

20 ‘‘constructing, rehabilitating, retrofitting, or repair21 ing’’. 

22 (d) CONFORMING AMENDMENT RELATED TO APPLI23 CATION OF CERTAIN LABOR STANDARDS.— 

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

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


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1 projects financed with the proceeds of any qualified 

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

3 Internal Revenue Code of 1986) issued after the 

4 date of the enactment of the American Recovery and 

5 Reinvestment Tax Act of 2009. 

6 (2) CONFORMING AMENDMENT.—Section 1601 

7 of the American Recovery and Reinvestment Tax 

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

9 and redesignating paragraphs (4) and (5) as para10 graphs (3) and (4), respectively. 

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

12 this section shall apply to obligations issued after Decem13 ber 31, 2023. 

14 SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 

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

16 1986 is amended by inserting after subpart I (as revived 

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

18 the following new subpart: 

19 ‘‘Subpart J—School Infrastructure Bonds 

‘‘Sec. 54BB. School infrastructure bonds. 

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

21 ‘‘(a) IN GENERAL.—If a taxpayer holds a school in22 frastructure bond on one or more interest payment dates 

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

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


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

2 determined under subsection (b) with respect to such 

3 dates. 

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

5 determined under this subsection with respect to any in6 terest payment date for a school infrastructure bond is 

7 100 percent of the amount of interest payable by the 

8 issuer with respect to such date. 

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

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

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

12 the excess of— 

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

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

15 the tax imposed by section 55, over 

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

17 under this part (other than subpart C and this 

18 subpart). 

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

20 credit allowable under subsection (a) exceeds the 

21 limitation imposed by paragraph (1) for such taxable 

22 year, such excess shall be carried to the succeeding 

23 taxable year and added to the credit allowable under 

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1 fore the application of paragraph (1) for such suc2 ceeding taxable year). 

3 ‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 

4 ‘‘(1) IN GENERAL.—For purposes of this sec5 tion, the term ‘school infrastructure bond’ means 

6 any bond issued as part of an issue if— 

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

8 proceeds of such issue are to be used for the 

9 purposes described in section 301 of the Re10 build America’s Schools Act of 2023, 

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

12 (but for this section) be excludable from gross 

13 income under section 103, 

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

15 paragraph (3), and 

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

17 purposes of this section. 

18 ‘‘(2) APPLICABLE RULES.—For purposes of ap19 plying paragraph (1)— 

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

21 school infrastructure bond shall not be treated 

22 as federally guaranteed by reason of the credit 

23 allowed under section 6431(a), 

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

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1 mined without regard to the credit allowed 

2 under subsection (a), and 

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

4 school infrastructure bond if the issue price has 

5 more than a de minimis amount (determined 

6 under rules similar to the rules of section 

7 1273(a)(3)) of premium over the stated prin8 cipal amount of the bond. 

9 ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 

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

11 treated as meeting the requirements of this 

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

13 issuer reasonably expects 100 percent of the 

14 available project proceeds to be spent for pur15 poses described in section 301 of the Rebuild 

16 America’s Schools Act of 2023 within the 6- 

17 year period beginning on such date of issuance. 

18 ‘‘(B) FAILURE TO SPEND REQUIRED

19 AMOUNT OF BOND PROCEEDS WITHIN 6

20 YEARS.—To the extent that less than 100 per21 cent of the available project proceeds of the 

22 issue are expended at the close of the period de23 scribed in subparagraph (A) with respect to 

24 such issue, the issuer shall redeem all of the 

25 nonqualified bonds within 90 days after the end 


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1 of such period. For purposes of this paragraph, 

2 the amount of the nonqualified bonds required 

3 to be redeemed shall be determined in the same 

4 manner as under section 142. 

5 ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES6 IGNATED.—The maximum aggregate face amount of 

7 bonds issued during any calendar year which may be des8 ignated under subsection (d)(1)(D) by any issuer shall not 

9 exceed the limitation amount allocated under subsection 

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

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

12 DESIGNATED.—The national qualified school infrastruc13 ture bond limitation for each calendar year is— 

14 ‘‘(1) $10,000,000,000 for 2023, 

15 ‘‘(2) $10,000,000,000 for 2024, and 

16 ‘‘(3) $10,000,000,000 for 2025. 

17 ‘‘(g) ALLOCATION OF LIMITATION.— 

18 ‘‘(1) ALLOCATIONS.— 

19 ‘‘(A) STATES.—After application of sub20 paragraph (B) and paragraph (3)(A), the limi21 tation applicable under subsection (f) for a cal22 endar year shall be allocated by the Secretary 

23 among the States in proportion to the respec24 tive amounts received by all local educational 

25 agencies in each State under part A of title I 


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1 of the Elementary and Secondary Education 

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

3 previous fiscal year relative to the total such 

4 amount received by all local educational agen5 cies for the most recent fiscal year ending be6 fore such calendar year. 

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

8 1 percent of the amount of the limitation appli9 cable under subsection (f) for a calendar year 

10 shall be allocated by the Secretary to posses11 sions of the United States other than Puerto 

12 Rico for such calendar year. 

13 ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita14 tion amount allocated to a State or possession under 

15 paragraph (1) shall be allocated by the State edu16 cational agency (or such other agency as is author17 ized under State law to make such allocation) to 

18 issuers within such State or possession in accord19 ance with the priorities described in subsections (c) 

20 and (d) of section 103 of the Rebuild America’s 

21 Schools Act of 2023 and the eligibility requirements 

22 described in section 103(b) of such Act, except that 

23 paragraph (1)(C) of such section shall not apply to 

24 the determination of eligibility for such allocation. 

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


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

2 of the amount of the limitation applicable under 

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

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

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

9 Interior under paragraph (1) shall be allocated 

10 by such Secretary to issuers or schools funded 

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

12 amounts allocated under the preceding sen13 tence, Indian tribal governments shall be treat14 ed as qualified issuers for purposes of this sub15 chapter. 

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

17 the limitation amount allocated under paragraph (1) 

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

19 within such State (in the case of an amount allo20 cated under paragraph (1)) or by the Secretary of 

21 the Interior to issuers or schools funded by the Bu22 reau of Indian Affairs (in the case of an amount al23 located under paragraph (3)(A)) to carry out activi24 ties to improve digital learning in accordance with 


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1 section 301(b) of the Rebuild America’s Schools Act 

2 of 2023. 

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

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

5 date on which the holder of record of the school infrastruc6 ture bond is entitled to a payment of interest under such 

7 bond. 

8 ‘‘(i) SPECIAL RULES.— 

9 ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE

10 BONDS INCLUDIBLE IN GROSS INCOME FOR FED11 ERAL INCOME TAX PURPOSES.—For purposes of this 

12 title, interest on any school infrastructure bond shall 

13 be includible in gross income. 

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

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

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

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

18 (b) CREDIT ALLOWED TO ISSUER.—Section 

19 6431(f)(3)(A) of such Code, as revived by section 

20 201(b)(1), is amended by striking ‘‘means any qualified 

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

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

23 ‘‘(A) such bond is— 

24 ‘‘(i) a qualified tax credit bond which 

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1 fined in section 54E) determined without 

2 regard to any allocation relating to the na3 tional zone academy bond limitation for 

4 years after 2010 or any carryforward of 

5 any such allocation, or 

6 ‘‘(ii) any school infrastructure bond 

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

8 (c) APPLICATION OF CERTAIN LABOR STANDARDS.— 

9 Subchapter IV of chapter 31 of title 40, United States 

10 Code, shall apply to projects financed with the proceeds 

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

12 54E of the Internal Revenue Code of 1986) issued after 

13 the date of the enactment of this Act. 

14 (d) CONFORMING AMENDMENTS.— 

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

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

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

18 J’’. 

19 (2) The table of subparts for part IV of sub20 chapter A of chapter 1 of such Code, as amended by 

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

22 following: 

‘‘SUBPART J—SCHOOL INFRASTRUCTURE BONDS’’. 

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

24 this section shall apply to obligations issued after Decem25 ber 31, 2023. 


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1 SEC. 203. ANNUAL REPORT ON BOND PROGRAM. 

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

3 each fiscal year beginning after the date of the enactment 

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

5 to the appropriate congressional committees a report on 

6 the amendments made by sections 201 and 202. 

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

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

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

10 (1) An identification of— 

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

12 that received an allocation under section 

13 54E(b)(2) or 54BB(g) of the Internal Revenue 

14 Code of 1986, and 

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

16 that was eligible to receive such funds but did 

17 not receive such funds. 

18 (2) With respect to each local educational agen19 cy described in paragraph (1)— 

20 (A) an assessment of the capacity of the 

21 agency to raise funds for the long-term im22 provement of public school facilities, as deter23 mined by an assessment of— 

24 (i) the current and historic ability of 

25 the agency to raise funds for construction, 

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

3 imposition of property taxes, 

4 (ii) whether the agency has been able 

5 to issue bonds to fund construction 

6 projects, including— 

7 (I) qualified zone academy bonds 

8 under section 54E of the Internal 

9 Revenue Code of 1986, and 

10 (II) school infrastructure bonds 

11 under section 54BB of the Internal 

12 Revenue Code of 1986, and 

13 (iii) the bond rating of the agency, 

14 (B) the demographic composition of the 

15 student population served by the agency, 

16 disaggregated by— 

17 (i) race, 

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

20 Elementary and Secondary Education Act 

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

22 (iii) the number and percentage of 

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


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1 Russell National School Lunch Act (42 

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

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

5 (D) a description of the projects carried 

6 out with funds received from school infrastruc7 ture bonds, 

8 (E) a description of the demonstrable or 

9 expected benefits of the projects, and 

10 (F) the estimated number of jobs created 

11 by the projects. 

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

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

16 Treasury determines to be appropriate. 

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

18 educational agency that receives an allocation under sec19 tion 54E(b)(2) or 54BB(g) of the Internal Revenue Code 

20 of 1986 shall— 

21 (1) annually compile the information necessary 

22 for the Secretary of the Treasury to determine the 

23 elements described in subsection (b), and 


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1 (2) report the information to the Secretary of 

2 the Treasury at such time and in such manner as 

3 the Secretary of the Treasury may require. 

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

5 of this section, the term ‘‘Secretary of the Treasury’’ in6 cludes the Secretary’s delegate. 

7 TITLE III—USES OF FUNDS 

8 SEC. 301. ALLOWABLE USES OF FUNDS. 

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

10 a local educational agency that receives covered funds may 

11 use such funds to— 

12 (1) develop, maintain, and update (as nec13 essary) the facilities master plan required under sec14 tion 103(e); 

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

16 public school facilities, which may include seismic 

17 retrofitting for schools vulnerable to seismic natural 

18 disasters; 

19 (3) decarbonize public school facilities through 

20 the adoption of all-electric space and water heating 

21 systems and cooking equipment, including other effi22 ciency improvements and on-site renewable energy 

23 installation; 

24 (4) carry out major repairs of public school fa25 cilities, including deferred maintenance projects; 


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

2 10-year life in public school facilities; 

3 (6) construct new public school facilities; 

4 (7) acquire and prepare sites on which new 

5 public school facilities will be constructed; 

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

8 (9) ensure current or anticipated enrollment 

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

11 (10) 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 (11) 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 (12) improve energy and water efficiency to 

2 lower the costs of energy and water consumption in 

3 public school facilities; 

4 (13) improve indoor air quality in public school 

5 facilities; 

6 (14) reduce or eliminate the presence of— 

7 (A) toxic substances, including mercury, 

8 radon, PCBs, lead, per- and polyfluoroalkyl 

9 substances, and asbestos; 

10 (B) mold and mildew; or 

11 (C) rodents and pests; 

12 (15) ensure the safety of drinking water at the 

13 tap and water used for meal preparation in public 

14 school facilities, which may include testing of the po15 tability of water at the tap for the presence of lead 

16 and other contaminants, including per- and 

17 polyfluoroalkyl substances; 

18 (16) bring public school facilities into compli19 ance with applicable fire, health, and safety codes; 

20 (17) make public school facilities accessible to 

21 people with disabilities through compliance with the 

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

23 12101 et seq.) and section 504 of the Rehabilitation 

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


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

3 (including early learning programs operated by part4 ners of the agency), special education, science, tech5 nology, career and technical education, physical edu6 cation, music, the arts, and literacy (including li7 brary programs); 

8 (19) improving the public school facilities of 

9 magnet schools, or other instructional programs, de10 signed to increase student diversity and decrease ra11 cial or socioeconomic isolation; 

12 (20) increase the use of public school facilities 

13 for the purpose of community-based partnerships 

14 that provide students with academic, health, and so15 cial services; 

16 (21) ensure the health of students and staff 

17 during the construction or modernization of public 

18 school facilities; or 

19 (22) reduce or eliminate excessive classroom 

20 noise due to activities allowable under this section. 

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

22 educational agency may use covered funds to leverage ex23 isting public programs or public-private partnerships to 

24 expand access to high-speed broadband sufficient for dig25 ital learning. 


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1 SEC. 302. PROHIBITED USES. 

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

3 receives covered funds may not use such funds for— 

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

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

8 admission is charged to the general public; 

9 (3) vehicles; or 

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

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

13 (b) ADDITIONAL PROHIBITIONS RELATING TO CHAR14 TER SCHOOLS.—No covered funds may be used— 

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

16 that is operated or managed by a for-profit entity; 

17 or 

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

19 if— 

20 (A) the school leases the facilities from an 

21 individual or for-profit entity; and 

22 (B) such individual, or an individual with 

23 a direct or indirect financial interest in such en24 tity, has a management or governance role in 

25 such school. 


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1 SEC. 303. REQUIREMENTS FOR HAZARD-RESISTANCE AND 

2 ENERGY AND WATER CONSERVATION. 

3 A local educational agency that receives covered 

4 funds shall ensure that any new construction, moderniza5 tion, or renovation project carried out with such funds 

6 meets or exceeds the requirements of the following: 

7 (1) Requirements for such projects set forth in 

8 the most recent published edition of a nationally rec9 ognized, consensus-based model building code. 

10 (2) Requirements for such projects set forth in 

11 the most recent published edition of a nationally rec12 ognized, consensus-based model energy conservation 

13 code. 

14 (3) Performance criteria under the WaterSense 

15 program, established under section 324B of the of 

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

17 6294b), applicable to such projects within a nation18 ally recognized, consensus-based model code. 

19 (4) Indoor environmental air quality require20 ments applicable to such projects as set forth in the 

21 most recent published edition of a nationally recog22 nized, consensus-based code or standard. 

23 SEC. 304. GREEN PRACTICES. 

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

25 uses covered funds for a new construction. modernization, 

26 or renovation project shall ensure that such project for 


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1 new construction is certified, verified, or consistent with 

2 the applicable provisions of— 

3 (1) the United States Green Building Council 

4 Leadership in Energy and Environmental Design 

5 green building rating standard (commonly known as 

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

7 (2) the Living Building Challenge developed by 

8 the International Living Future Institute; 

9 (3) a green building rating program developed 

10 by the Collaborative for High-Performance Schools 

11 (commonly known as ‘‘CHPS’’) that is CHPS12 verified; 

13 (4) the Green Building Initiative Green Globes 

14 rating system; or 

15 (5) a program that— 

16 (A) has standards that are equivalent to or 

17 more stringent than the standards of a program 

18 described in paragraphs (1) through (4); 

19 (B) is adopted by the State or another ju20 risdiction with authority over the agency; and 

21 (C) includes a verifiable method to dem22 onstrate compliance with such program. 


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1 SEC. 305. USE OF AMERICAN IRON, STEEL, AND MANUFAC2 TURED PRODUCTS. 

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

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

5 and manufactured products used in projects carried out 

6 with such funds are produced in the United States. 

7 (b) WAIVER AUTHORITY.— 

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

9 the requirement of subsection (a) if the Secretary 

10 determines that— 

11 (A) applying subsection (a) would be in12 consistent with the public interest; 

13 (B) iron, steel, and manufactured products 

14 produced in the United States are not produced 

15 in a sufficient and reasonably available amount 

16 or are not of a satisfactory quality; or 

17 (C) using iron, steel, and manufactured 

18 products produced in the United States will in19 crease the cost of the overall project by more 

20 than 25 percent. 

21 (2) PUBLICATION.—Before issuing a waiver 

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

23 the Federal Register a detailed written explanation 

24 of the waiver determination. 

25 (c) CONSISTENCY WITH INTERNATIONAL AGREE26 MENTS.—This section shall be applied in a manner conVerDate Sep 11 2014 01:46 Aug 16, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5049.IH H5049

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1 sistent with the obligations of the United States under 

2 international agreements. 

3 (d) DEFINITIONS.—In this section: 

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

5 term ‘‘produced in the United States’’ means the fol6 lowing: 

7 (A) When used with respect to a manufac8 tured product, the product was manufactured in 

9 the United States and the cost of the compo10 nents of such product that were mined, pro11 duced, or manufactured in the United States 

12 exceeds 60 percent of the total cost of all com13 ponents of the product. 

14 (B) When used with respect to iron or 

15 steel products, or an individual component of a 

16 manufactured product, all manufacturing proc17 esses for such iron or steel products or compo18 nents, from the initial melting stage through 

19 the application of coatings, occurred in the 

20 United States, except that the term does not in21 clude— 

22 (i) steel or iron material or products 

23 manufactured abroad from semi-finished 

24 steel or iron from the United States; and 


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1 (ii) steel or iron material or products 

2 manufactured in the United States from 

3 semi-finished steel or iron of foreign origin. 

4 (2) MANUFACTURED PRODUCT.—The term 

5 ‘‘manufactured product’’ means any construction 

6 material or end product (as such terms are defined 

7 in part 25.003 of the Federal Acquisition Regula8 tion) that is not an iron or steel product, includ9 ing— 

10 (A) electrical components; and 

11 (B) nonferrous building materials, includ12 ing, aluminum and polyvinylchloride (PVC), 

13 glass, fiber optics, plastic, wood, masonry, rub14 ber, manufactured stone, any other nonferrous 

15 metals, and any unmanufactured construction 

16 material. 

17 TITLE IV—REPORTS AND OTHER 

18 MATTERS 

19 SEC. 401. COMPTROLLER GENERAL REPORT. 

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

21 date on which the majority of States receiving allocations 

22 under section 102 have made grants to local educational 

23 agencies under section 103, the Comptroller General of 

24 the United States shall submit to the appropriate congresVerDate Sep 11 2014 01:46 Aug 16, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5049.IH H5049

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1 sional committees a report on the projects carried out with 

2 covered funds. 

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

4 shall include an assessment of— 

5 (1) State activities, including— 

6 (A) criteria used by each State to deter7 mine high-need students and facilities for pur8 poses of the projects carried out with covered 

9 funds; and 

10 (B) whether the State issued new regula11 tions to ensure the health and safety of stu12 dents and staff during construction or renova13 tion projects or to ensure safe, healthy, and 

14 high-performing school buildings; 

15 (2) the types of projects carried out with cov16 ered funds, including— 

17 (A) the square footage of the improve18 ments made with covered funds; 

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

20 (C) the costs of the project disaggregated 

21 by the costs for planning, design, construction, 

22 site purchase, and improvements; 

23 (3) the geographic distribution of the projects; 


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1 (4) an assessment of the impact of selected 

2 projects (as identified by the Secretary) on the 

3 health and safety of school staff and students; and 

4 (5) how the Secretary or States could make 

5 covered funds more accessible— 

6 (A) to schools with the highest numbers 

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

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

10 and 

11 (B) to schools with fiscal challenges in 

12 raising capital for school infrastructure 

13 projects. 

14 (c) UPDATES.—The Comptroller General shall up15 date and resubmit the report under this section to the ap16 propriate congressional committees— 

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

18 after the date of the submittal of the first report 

19 under this section; and 

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

21 after the date of the submittal of such first report. 

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

23 PUBLIC SCHOOLS. 

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

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


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

2 Director of the Institute of Education Sciences, shall— 

3 (1) carry out a comprehensive study of the 

4 physical conditions of all public schools in each State 

5 and outlying area; and 

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

8 study. 

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

11 (1) an assessment of— 

12 (A) the effect of school facility conditions 

13 on student and staff health and safety; 

14 (B) the effect of school facility conditions 

15 on student academic outcomes; 

16 (C) the condition of school facilities, set 

17 forth separately by geographic region; 

18 (D) the condition of school facilities for 

19 economically disadvantaged students as well as 

20 students from major racial and ethnic sub21 groups; 

22 (E) the accessibility of school facilities for 

23 students and staff with disabilities; 

24 (F) the prevalence of school facilities at 

25 which student enrollment exceeds the physical 


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1 and instructional capacity of the facility and the 

2 effect of such excess enrollment on instructional 

3 quality and delivery of school wraparound serv4 ices; 

5 (G) the condition of school facilities af6 fected by natural disasters; 

7 (H) the effect that projects carried out 

8 with covered funds have on the communities in 

9 which such projects are conducted, including 

10 the vitality, jobs, population, and economy of 

11 such communities; 

12 (I) the ability of building envelopes and in13 teriors of public school facilities to protect occu14 pants from natural elements and human 

15 threats; and 

16 (J) the performance of school facilities 

17 projects with respect to energy and water effi18 ciency and climate mitigation and resilience; 

19 (2) an explanation of any differences observed 

20 with respect to the factors described in subpara21 graphs (A) through (J) of paragraph (1); and 

22 (3) a cost estimate for bringing school facilities 

23 to a state of good repair, as determined by the Sec24 retary. 


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1 SEC. 403. OFFICE OF SCHOOL INFRASTRUCTURE AND SUS2 TAINABILITY. 

3 (a) ESTABLISHMENT.—Not later than 90 days after 

4 the date of enactment of this Act, the Secretary shall es5 tablish within the Department of Education an office to 

6 be known as the ‘‘Office of School Infrastructure and Sus7 tainability’’ (referred to in this section as the ‘‘Office’’). 

8 (b) HEAD OF OFFICE.—The head of the Office shall 

9 be an individual designated by the Secretary. 

10 (c) DUTIES.—The duties of the Office shall be— 

11 (1) to advise the Secretary on State plans 

12 under section 102; 

13 (2) to serve as a liaison with other departments 

14 and agencies of the Federal Government on matters 

15 relating to public school facilities, including the De16 partment of Energy, the Department of Health and 

17 Human Services, the Department of the Treasury, 

18 the Federal Emergency Management Agency, and 

19 the Environmental Protection Agency; 

20 (3) to ensure the Department of Education is 

21 prepared to meet the requirements of this Act in a 

22 timely manner; and 

23 (4) to manage such other programs or initia24 tives affecting public school facilities as the Sec25 retary determines appropriate. 


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1 SEC. 404. DEVELOPMENT OF DATA STANDARDS. 

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

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

4 in consultation with the officials described in subsection 

5 (b), shall— 

6 (1) identify the data that States should collect 

7 and include in the databases developed under section 

8 102(a)(2)(B); 

9 (2) develop standards for the measurement of 

10 such data; and 

11 (3) issue guidance to States concerning the col12 lection and measurement of such data. 

13 (b) OFFICIALS.—The officials described in this sub14 section are— 

15 (1) the Administrator of the Environmental 

16 Protection Agency; 

17 (2) the Secretary of Energy; 

18 (3) the Director of the Centers for Disease 

19 Control and Prevention; and 

20 (4) the Director of the National Institute for 

21 Occupational Safety and Health. 

22 SEC. 405. INFORMATION CLEARINGHOUSE. 

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

24 date of the enactment of this Act, the Secretary shall es25 tablish a clearinghouse to disseminate information on Fed26 eral programs and financing mechanisms that may be 


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1 used to assist schools in initiating, developing, and financ2 ing— 

3 (1) energy efficiency projects; 

4 (2) distributed generation projects; and 

5 (3) energy retrofitting projects. 

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

7 Secretary shall— 

8 (1) consult with the officials described in sec9 tion 404(b) to develop a list of Federal programs 

10 and financing mechanisms to be included in the 

11 clearinghouse; and 

12 (2) coordinate with such officials to develop a 

13 collaborative education and outreach effort to 

14 streamline communications and promote the Federal 

15 programs and financing mechanisms included in the 

16 clearinghouse, which may include the development 

17 and maintenance of a single online resource that in18 cludes contact information for relevant technical as19 sistance that may be used by States, outlying areas, 

20 local educational agencies, and Bureau-funded 

21 schools to effectively access and use such Federal 

22 programs and financing mechanisms. 

23 SEC. 406. SENSE OF CONGRESS ON OPPORTUNITY ZONES. 

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


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1 (1) Opportunity Zones were championed by 

2 prominent leaders of both parties as an innovative 

3 way to tackle longstanding challenges. 

4 (2) As of December 2018, 8,763 low-income 

5 communities had been designated as Opportunity 

6 Zones, representing all 50 States, the District of Co7 lumbia, Puerto Rico, the United States Virgin Is8 lands, and American Samoa. 

9 (3) Schools are integral parts of communities, 

10 and a key part of communities’ economic and work11 force development efforts could be modernizing 

12 school facilities. 

13 (b) SENSE OF CONGRESS.—It is the sense of the 

14 Congress that opportunity zones, when combined with 

15 public infrastructure investment, can provide an innova16 tive approach to capital financing that has the potential 

17 to unleash creativity and help local communities rebuild 

18 schools, rebuild economics, and get people back to work. 

19 TITLE V—IMPACT AID 

20 CONSTRUCTION 

21 SEC. 501. TEMPORARY INCREASE IN FUNDING FOR IMPACT 

22 AID CONSTRUCTION. 

23 Section 7014(d) of the Elementary and Secondary 

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

25 to read as follows: 


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

2 out section 7007, there are authorized to be appropriated 

3 $100,000,000 for each of fiscal years 2024 through 

4 2028.’’. 

5 TITLE VI—ASSISTANCE FOR RE6 PAIR OF SCHOOL FOUNDA7 TIONS AFFECTED BY 

8 PYRRHOTITE 

9 SEC. 601. ALLOCATIONS TO STATES. 

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

11 days after the date of the enactment of this Act, the Sec12 retary shall carry out a program under which the Sec13 retary makes allocations to States to pay the Federal 

14 share of the costs of making grants to local educational 

15 agencies under section 602. 

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

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

18 on a publicly accessible website of the Department of Edu19 cation, instructions describing how a State may receive an 

20 allocation under this section. 

21 SEC. 602. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

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

23 State under section 601(a) and contributed by the State 

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

25 local educational agencies— 


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

2 school foundations damaged by the presence of 

3 pyrrhotite; or 

4 (2) to reimburse such agencies for costs in5 curred by the agencies in making such repairs in the 

6 five-year period preceding the date of enactment of 

7 this Act. 

8 (b) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.— 

9 (1) ELIGIBILITY FOR GRANTS FOR FUTURE RE10 PAIRS.—To be eligible to receive a grant under sub11 section (a)(1), a local educational agency shall— 

12 (A) with respect to each school for which 

13 the agency seeks to use grant funds, dem14 onstrate to the State that— 

15 (i) the school is a pyrrhotite-affected 

16 school; and 

17 (ii) any laboratory tests, core tests, 

18 and visual inspections of the school’s foun19 dation used to determine that the school is 

20 a pyrrhotite-affected school were con21 ducted— 

22 (I) by a professional engineer li23 censed in the State in which the 

24 school is located; and 


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1 (II) in accordance with applicable 

2 State standards or standards ap3 proved by any independent, nonprofit, 

4 or private entity authorized by the 

5 State to oversee construction, testing, 

6 or financial relief efforts for damaged 

7 building foundations; and 

8 (B) provide an assurance that— 

9 (i) the local educational agency will 

10 use the grant only for the allowable uses 

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

12 (ii) all work funded with the grant 

13 will be conducted by a qualified contractor 

14 or architect licensed in the State. 

15 (2) ELIGIBILITY FOR REIMBURSEMENT

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

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

18 demonstrate that it met the requirements of para19 graph (1) at the time it carried out the project for 

20 which the agency seeks reimbursement. 

21 (c) APPLICATION.— 

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

23 that seeks a grant under this section shall submit to 

24 the State an application at such time, in such man25 ner, and containing such information as the State 


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1 may require, which upon approval by the State 

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

3 the Secretary for approval under subsection 

4 (d)(1)(B). 

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

6 shall include— 

7 (A) information and documentation suffi8 cient to enable the State to determine if the 

9 local educational agency meets the eligibility 

10 criteria under subsection (b); 

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

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

13 the costs of carrying out the activities described 

14 in subsection (f); 

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

16 grant under subsection (a)(2)— 

17 (i) an itemized explanation of— 

18 (I) the costs incurred by the 

19 agency in carrying out any activities 

20 described subsection (f); 

21 (II) any amounts contributed 

22 from other Federal, State, local, or 

23 private sources for such activities; and 


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1 (ii) the amount for which the local 

2 educational agency seeks reimbursement; 

3 and 

4 (D) the percentage of any costs described 

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

6 an insurance policy. 

7 (d) APPROVAL AND DISBURSEMENT.— 

8 (1) APPROVAL.— 

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

10 application of each local educational agency for 

11 submission to the Secretary that— 

12 (i) submits a complete and correct ap13 plication under subsection (c); and 

14 (ii) meets the criteria for eligibility 

15 under subsection (b). 

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

17 after receiving an application of a local edu18 cational agency submitted by a State under 

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

20 (i) approve such application, in a case 

21 in which the Secretary determines that 

22 such application meets the requirements of 

23 subparagraph (A); or 


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1 (ii) deny such application, in the case 

2 of an application that does not meet such 

3 requirements. 

4 (2) DISBURSEMENT.— 

5 (A) ALLOCATION.—The Secretary shall 

6 disburse an allocation to a State not later than 

7 60 days after the date on which the Secretary 

8 approves an application under paragraph 

9 (1)(B). 

10 (B) GRANT.—The State shall disburse 

11 grant funds to a local educational agency not 

12 later than 60 days after the date on which the 

13 State receives an allocation under subparagraph 

14 (A). 

15 (e) FEDERAL AND STATE SHARE.— 

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

17 each grant under this section shall be an amount 

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

19 of the project for which the grant is awarded. 

20 (2) STATE SHARE.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the State share of each grant under 

23 this section shall be an amount that is not less 

24 than 40 percent of the total cost of the project 


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1 for which the grant is awarded, which the State 

2 shall contribute from non-Federal sources. 

3 (B) SPECIAL RULE FOR REIMBURSEMENT

4 GRANTS.—In the case of a reimbursement grant 

5 made to a local educational agency under sub6 section (a)(2), a State shall be treated as meet7 ing the requirement of subparagraph (A) if the 

8 State demonstrates that it contributed, from 

9 non-Federal sources, not less than 40 percent 

10 of the total cost of the project for which the re11 imbursement grant is awarded. 

12 (f) USES OF FUNDS.— 

13 (1) ALLOWABLE USES OF FUNDS.—A local edu14 cational agency that receives a grant under this sec15 tion shall use such grant only for costs associated 

16 with— 

17 (A) the repair or replacement of the con18 crete foundation or other affected areas of a 

19 pyrrhotite-affected school in the jurisdiction of 

20 such agency to the extent necessary— 

21 (i) to restore the structural integrity 

22 of the school to the safety and health 

23 standards established by the professional 

24 licensed engineer or architect associated 

25 with the project; and 


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1 (ii) to restore the school to the condi2 tion it was in before the school’s founda3 tion was damaged due to the presence of 

4 pyrrhotite; and 

5 (B) engineering reports, architectural de6 sign, core tests, and other activities directly re7 lated to the repair or replacement project. 

8 (2) PROHIBITED USES OF FUNDS.—A local edu9 cational agency that receives a grant under this sec10 tion may not use the grant for any costs associated 

11 with— 

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

13 barns, swimming pools (whether in-ground or 

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

15 ponds or water features; 

16 (B) the purchase of items not directly as17 sociated with the repair or replacement of the 

18 school building or its systems, including items 

19 such as desks, chairs, electronics, sports equip20 ment, or other school supplies; or 

21 (C) any other activities not described in 

22 paragraph (1). 

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

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

25 (1) this section; and 


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1 (2) title I. 

2 SEC. 603. DEFINITIONS. 

3 In this title: 

4 (1) PYRRHOTITE-AFFECTED SCHOOL.—The 

5 term ‘‘pyrrhotite-affected school’’ means an elemen6 tary school or a secondary school that meets the fol7 lowing criteria: 

8 (A) The school has a concrete foundation. 

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

10 concrete foundation, as demonstrated by a 

11 petrographic or other type of laboratory core 

12 analysis or core inspection. 

13 (C) A visual inspection of the school’s con14 crete foundation indicates that the presence of 

15 pyrrhotite is causing the foundation to deterio16 rate at an unsafe rate. 

17 (D) A qualified engineer determined that 

18 the deterioration of the school’s foundation, due 

19 to the presence of pyrrhotite— 

20 (i) caused the school to become struc21 turally unsound; or 

22 (ii) will result in the school becoming 

23 structurally unsound within the next five 

24 years. 


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1 (2) QUALIFIED CONTRACTOR.—The term 

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

3 qualified under State law, or approved by any State 

4 agency or other State-sanctioned independent or 

5 nonprofit entity, to repair or replace residential or 

6 commercial building foundations that are deterio7 rating due to the presence of pyrrhotite. 

8 SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to carry out 

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

11 2024 and each fiscal year thereafter. 

Æ 


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