I 

117TH CONGRESS 

1ST SESSION H. R. 604 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2021 

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

AGUILAR, Mr. AUCHINCLOSS, Mrs. AXNE, Ms. BARRAGA ́N, Ms. BASS, 

Mrs. BEATTY, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, 

Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of 

Pennsylvania, Mr. BROWN, Ms. BROWNLEY, Mr. BUTTERFIELD, Mr. 

CARBAJAL, Mr. CA ́RDENAS, Mr. CARSON, Mr. CASTEN, Ms. CASTOR of 

Florida, Mr. CASTRO of Texas, Ms. CHU, Mr. CICILLINE, Ms. CLARK of 

Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, Mr. CONNOLLY, Mr. COURTNEY, Ms. CRAIG, Mr. CROW, Mr. CUELLAR, Mr. 

DANNY K. DAVIS of Illinois, Ms. DEAN, Mr. DEFAZIO, Ms. DEGETTE, 

Mr. DELGADO, Mrs. DEMINGS, Mr. DESAULNIER, Mr. MICHAEL F. 

DOYLE of Pennsylvania, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. 

EVANS, Mr. FOSTER, Ms. LOIS FRANKEL of Florida, Mr. GALLEGO, Mr. 

GARAMENDI, Ms. GARCIA of Texas, Mr. GARCI ́A of Illinois, Mr. GOMEZ, 

Mr. GRIJALVA, Mr. HASTINGS, Mrs. HAYES, Mr. HORSFORD, Ms. 

HOULAHAN, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. JACOBS of California, Mr. JOHNSON of Georgia, Mr. JONES, Ms. KAPTUR, Ms. KELLY

of Illinois, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Mrs. KIRKPATRICK, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mr. LAMB, 

Mr. LANGEVIN, Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of 

California, Mrs. LEE of Nevada, Mr. LEVIN of Michigan, Mr. LEVIN of 

California, Mr. LIEU, Ms. LOFGREN, Mr. SEAN PATRICK MALONEY of 

New York, Mrs. MCBATH, Mr. MCEACHIN, Mr. MCGOVERN, Mr. 

MCNERNEY, Ms. MENG, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. 

NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Mr. 

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

PINGREE, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. PRICE of North 

Carolina, Mr. RASKIN, Miss RICE of New York, Ms. ROSS, Ms. ROYBALALLARD, Mr. RUPPERSBERGER, Mr. RYAN, Mr. SABLAN, Ms. SA ́NCHEZ, 

Mr. SAN NICOLAS, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Ms. 

SCHRIER, Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Mr. SHERMAN, 

Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. 

STEVENS, Mr. SUOZZI, Mr. SWALWELL, Mr. TAKANO, Mr. THOMPSON of 


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Mississippi, Mr. THOMPSON of California, Ms. TITUS, Ms. TLAIB, Mr. 

TONKO, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Mr. VEASEY, Mr. 

VELA, Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Mr. WELCH, Ms. 

WEXTON, Ms. WILD, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, 

and Mrs. LURIA) introduced the following bill; which was referred to the 

Committee on Education and Labor, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for the long-term improvement of public school 

facilities, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘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. 

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 


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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. 

Sec. 405. 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 

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

8 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— 


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1 (A) under title I of this Act; 

2 (B) from a school infrastructure bond; or 

3 (C) from a qualified zone academy bond 

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

5 Internal Revenue Code of 1986 (as restored by 

6 section 201)). 

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

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

9 have the meanings given those terms in section 8101 

10 of the Elementary and Secondary Education Act of 

11 1965 (20 U.S.C. 7801). 

12 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

14 that term in section 8101 of the Elementary and 

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

16 except that such term does not include a Bureau17 funded school. 

18 (6) PUBLIC SCHOOL FACILITIES.—The term 

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

20 public elementary school or a public secondary 

21 school. 

22 (7) QUALIFIED LOCAL EDUCATIONAL AGEN23 CY.—The term ‘‘qualified local educational agency’’ 

24 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 (8) 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 (9) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Education. 

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

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

11 Commonwealth of Puerto Rico. 

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

13 energy school’’ means a public elementary school or 

14 public secondary school that— 

15 (A) generates renewable energy on-site; 

16 and 

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

18 of such renewable energy that equals or exceeds 

19 the total amount of renewable energy that is 

20 delivered to the school from outside sources. 


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1 TITLE I—GRANTS FOR THE 

2 LONG-TERM IMPROVEMENT 

3 OF PUBLIC SCHOOL FACILI4 TIES 

5 SEC. 101. PURPOSE AND RESERVATION. 

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

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

9 Act. 

10 (b) RESERVATION FOR OUTLYING AREAS AND BU11 REAU-FUNDED SCHOOLS.— 

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

13 2022 through 2026, the Secretary shall reserve, 

14 from the amount appropriated to carry out this 

15 title— 

16 (A) one-half of 1 percent, to make alloca17 tions to the outlying areas in accordance with 

18 paragraph (3); and 

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

20 the Secretary of the Interior to provide assist21 ance to Bureau-funded schools. 

22 (2) USE OF RESERVED FUNDS.— 

23 (A) IN GENERAL.—Funds reserved under 

24 paragraph (1) shall be used in accordance with 

25 title III. 


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1 (B) SPECIAL RULES FOR BUREAU-FUNDED

2 SCHOOLS.— 

3 (i) APPLICABILITY.—The provisions 

4 of title III shall apply to a Bureau-funded 

5 school that receives assistance under para6 graph (1)(B) in the same manner that 

7 such provisions apply to a qualified local 

8 educational agency that receives covered 

9 funds. The facilities of a Bureau-funded 

10 school shall be treated as public school fa11 cilities for purposes of the application of 

12 such provisions. 

13 (ii) TREATMENT OF TRIBALLY OPER14 ATED SCHOOLS.—The Secretary of the In15 terior shall provide assistance to Bureau16 funded schools under paragraph (1)(B) 

17 without regard to whether such schools are 

18 operated by the Bureau of Indian Edu19 cation or by an Indian Tribe. In the case 

20 of a Bureau-funded school that is a con21 tract or grant school (as that term is de22 fined in section 1141 of the Education 

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

24 operated by an Indian Tribe, the Secretary 

25 of the Interior shall provide assistance 


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1 under such paragraph to the Indian Tribe 

2 concerned. 

3 (3) ALLOCATION TO OUTLYING AREAS.—From 

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

5 fiscal year, the Secretary shall allocate to each out6 lying area an amount in proportion to the amount 

7 received by the outlying area under part A of title 

8 I of the Elementary and Secondary Education Act 

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

10 fiscal year relative to the total such amount received 

11 by all outlying areas for such previous fiscal year. 

12 SEC. 102. ALLOCATION TO STATES. 

13 (a) ALLOCATION TO STATES.— 

14 (1) STATE-BY-STATE ALLOCATION.— 

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

16 appropriated to carry out this title for fiscal 

17 year 2022 and not reserved under section 

18 101(b), not later than 30 days after such funds 

19 are appropriated, each State that provides an 

20 assurance to the Secretary that the State will 

21 comply with the requirements of section 103(c) 

22 shall be allocated an amount in proportion to 

23 the amount received by all local educational 

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

25 the Elementary and Secondary Education Act 


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1 of 1965 (20 U.S.C. 6311 et seq.) for the pre2 vious fiscal year relative to the total amount re3 ceived under such part for such fiscal year by 

4 all local educational agencies in every State that 

5 provides such an assurance to the Secretary. 

6 (B) OTHER FISCAL YEARS.—Of the 

7 amount appropriated to carry out this title for 

8 each fiscal year other than fiscal year 2022 and 

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

10 that has a plan approved by the Secretary 

11 under subsection (b) shall be allocated an 

12 amount in proportion to the amount received by 

13 all local educational agencies in the State under 

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

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

17 the total amount received under such part for 

18 such fiscal year by all local educational agencies 

19 in every State that has a plan approved by the 

20 Secretary under subsection (b). 

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

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

24 Act, which— 

25 (A) shall include— 


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1 (i) providing technical assistance to 

2 local educational agencies, including by— 

3 (I) identifying which State agen4 cies have programs, resources, and ex5 pertise relevant to the activities sup6 ported by the allocation under this 

7 section; and 

8 (II) coordinating the provision of 

9 technical assistance across such agen10 cies; 

11 (ii) in accordance with the guidance 

12 issued by the Secretary under section 403, 

13 developing an online, publicly searchable 

14 database that contains an inventory of the 

15 infrastructure of all public school facilities 

16 in the State (including the facilities of Bu17 reau-funded schools, as appropriate), in18 cluding, with respect to each such facility, 

19 an identification of— 

20 (I) the information described in 

21 subclauses (I) through (VII) of clause 

22 (vi); 

23 (II) the age (including an identi24 fication of the date of any retrofits or 

25 recent renovations) of— 


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1 (aa) the facility; 

2 (bb) its roof; 

3 (cc) its lighting system; 

4 (dd) its windows; 

5 (ee) its ceilings; 

6 (ff) its plumbing; and 

7 (gg) its heating, ventilation, 

8 and air conditioning system; 

9 (III) fire safety inspection re10 sults; 

11 (IV) the proximity of the facili12 ties to toxic sites or the vulnerability 

13 of the facilities to natural disasters, 

14 including the extent to which facilities 

15 that are vulnerable to seismic natural 

16 disasters are seismically retrofitted; 

17 (V) any previous inspections 

18 showing the presence of toxic sub19 stances; and 

20 (VI) any improvements that are 

21 needed to support indoor and outdoor 

22 social distancing, personal hygiene, 

23 and building hygiene (including with 

24 respect to heating, ventilation, and air 

25 conditioning usage) in school facilities, 


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1 consistent with guidance issued by the 

2 Centers for Disease Control and Pre3 vention; 

4 (iii) updating the database developed 

5 under clause (ii) not less frequently than 

6 once every 2 years; 

7 (iv) ensuring that the information in 

8 the database developed under clause (ii)— 

9 (I) is posted on a publicly acces10 sible State website; and 

11 (II) is regularly distributed to 

12 local educational agencies and Tribal 

13 governments in the State; 

14 (v) issuing and reviewing regulations 

15 to ensure the health and safety of students 

16 and staff during construction or renovation 

17 projects; 

18 (vi) issuing or reviewing regulations to 

19 ensure safe, healthy, and high-performing 

20 school buildings, including regulations gov21 erning— 

22 (I) indoor environmental quality 

23 and ventilation, including exposure to 

24 carbon monoxide, carbon dioxide, 

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1 tion by-products such as oxides of ni2 trogen; 

3 (II) mold, mildew, and moisture 

4 control; 

5 (III) the safety of drinking water 

6 at the tap and water used for meal 

7 preparation, including regulations 

8 that— 

9 (aa) address the presence of 

10 lead and other contaminants in 

11 such water; and 

12 (bb) require the regular test13 ing of the potability of water at 

14 the tap; 

15 (IV) energy and water efficiency; 

16 (V) excessive classroom noise due 

17 to activities allowable under section 

18 301; 

19 (VI) the levels of maintenance 

20 work, operational spending, and cap21 ital investment needed to maintain the 

22 quality of public school facilities; and 

23 (VII) the construction or renova24 tion of such facilities, including appli25 cable building codes; and 


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1 (vii) creating a plan to reduce or 

2 eliminate exposure to toxic substances, in3 cluding mercury, radon, PCBs, lead, vapor 

4 intrusions, and asbestos; and 

5 (B) may include the development of a plan 

6 to increase the number of zero energy schools 

7 in the State. 

8 (b) STATE PLAN.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), to be eligible to receive an allocation 

11 under this section, a State shall submit to the Sec12 retary a plan that— 

13 (A) describes how the State will use the al14 location to make long-term improvements to 

15 public school facilities; 

16 (B) explains how the State will carry out 

17 each of its responsibilities under subsection 

18 (a)(2); 

19 (C) explains how the State will make the 

20 determinations under subsections (b) through 

21 (d) of section 103; 

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

23 the State will maintain fiscal effort for the ac24 tivities supported by the allocation after the 

25 State no longer receives the allocation; and 


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1 (E) includes such other information as the 

2 Secretary may require. 

3 (2) EXPEDITED PROCESS FOR FISCAL YEAR

4 2022.— 

5 (A) ASSURANCE TO SECRETARY.—To be 

6 eligible to receive an allocation for fiscal year 

7 2022 under section 101(a)(1)(A), a State shall 

8 provide to the Secretary an assurance that the 

9 State will comply with the requirements of sec10 tion 103(c). 

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

12 shall not be required to submit a State plan 

13 under paragraph (1) before receiving an alloca14 tion for fiscal year 2022 under section 

15 101(a)(1)(A). A State that receives an alloca16 tion under such section for such fiscal year 

17 shall submit to the Secretary the State plan de18 scribed in paragraph (1) not later than 90 days 

19 after the date on which such allocation is re20 ceived. 

21 (3) APPROVAL AND DISAPPROVAL.—The Sec22 retary shall have the authority to approve or dis23 approve a State plan submitted under paragraph 

24 (1). 


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

4 (1) MATCHING REQUIREMENT.— 

5 (A) IN GENERAL.—The State shall con6 tribute, from non-Federal sources, an amount 

7 equal to 10 percent of the amount of the alloca8 tion received under this section to carry out the 

9 activities supported by the allocation. 

10 (B) DEADLINE.—The State shall provide 

11 any contribution required under subparagraph 

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

13 (C) CERTAIN FISCAL YEARS.—With re14 spect to a fiscal year for which more than 

15 $7,000,000,000 are appropriated to carry out 

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

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

18 (D) COMMITMENT TO PROPORTIONAL

19 STATE INVESTMENT IN SCHOOL FACILITIES.— 

20 (i) IN GENERAL.—The State shall 

21 provide an assurance to the Secretary that 

22 for each fiscal year that the State receives 

23 an allocation under this section, the State’s 

24 share of school facilities capital outlay will 

25 be not less than 90 percent of the average 


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1 of the State’s share of school facilities cap2 ital outlay for the 5 years preceding the 

3 fiscal year for which the allocation is re4 ceived. 

5 (ii) STATE’S SHARE OF SCHOOL FA6 CILITIES CAPITAL OUTLAY.—In this sub7 paragraph, the term ‘‘State’s share of 

8 school facilities capital outlay’’ means— 

9 (I) the total State expenditures 

10 on school facilities capital outlay 

11 projects; divided by 

12 (II) the total school facilities cap13 ital expenditures in the State on 

14 school facilities capital outlay projects. 

15 (iii) TOTAL STATE EXPENDITURES.— 

16 In this subparagraph, the term ‘‘total 

17 State expenditures’’ means the State’s 

18 total expenditures (from funds other than 

19 an allocation under this section) on school 

20 facilities capital outlay projects, includ21 ing— 

22 (I) any direct expenditures by the 

23 State for the purpose of school facili24 ties capital outlay projects; and 


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1 (II) funds provided by the State 

2 to local educational agencies for the 

3 purpose of school facilities capital out4 lay projects. 

5 (iv) TOTAL SCHOOL FACILITIES CAP6 ITAL EXPENDITURES IN THE STATE.—In 

7 this subparagraph, the term ‘‘total school 

8 facilities capital expenditures in the State’’, 

9 means the sum of— 

10 (I) the total State expenditures 

11 calculated under clause (iii); plus 

12 (II) all additional expenditures 

13 (from funds other than an allocation 

14 under this section) on school facilities 

15 capital outlay projects by local edu16 cational agencies in the State that 

17 were not included in the calculation of 

18 total State expenditures under clause 

19 (iii). 

20 (2) SUPPLEMENT NOT SUPPLANT.—The State 

21 shall use an allocation under this section only to 

22 supplement the level of Federal, State, and local 

23 public funds that would, in absence of such alloca24 tion, be made available for the activities supported 

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


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

3 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

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

5 from the amounts allocated to a State under section 

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

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

8 local educational agencies, on a competitive basis, to 

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

10 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

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

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

15 301(b). 

16 (b) ELIGIBILITY.— 

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

18 grant under this section a qualified local educational 

19 agency— 

20 (A) shall be among the local educational 

21 agencies in the State with the highest numbers 

22 or percentages of students counted under sec23 tion 1124(c) of the Elementary and Secondary 

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

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


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1 serve the highest percentages of students who 

2 are eligible for a free or reduced price lunch 

3 under the Richard B. Russell National School 

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

5 the case of a high school, may be calculated 

6 using comparable data from the schools that 

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

8 public schools in the jurisdiction of the agency; 

9 and 

10 (C) shall be among the local educational 

11 agencies in the State with the most limited ca12 pacity to raise funds for the long-term improve13 ment of public school facilities, as determined 

14 by an assessment of— 

15 (i) the current and historic ability of 

16 the agency to raise funds for construction, 

17 renovation, modernization, and major re18 pair projects for schools; 

19 (ii) whether the agency has been able 

20 to issue bonds or receive other funds to 

21 support school construction projects; and 

22 (iii) the bond rating of the agency. 

23 (2) EQUITABLE DISTRIBUTION.— 

24 (A) NUMBERS AND PERCENTAGES OF CER25 TAIN STUDENTS.—In making the determination 


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

2 that grants under this section are equitably dis3 tributed among— 

4 (i) qualified local educational agencies 

5 in the State with the highest numbers of 

6 students counted under section 1124(c) of 

7 the Elementary and Secondary Education 

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

9 (ii) qualified local educational agencies 

10 in the State with the highest percentages 

11 of students counted under such section. 

12 (B) GEOGRAPHIC DIVERSITY.—The State 

13 shall ensure that grants under this section are 

14 awarded to qualified local educational agencies 

15 that represent the geographic diversity of the 

16 State. 

17 (3) STATEWIDE THRESHOLDS.—The State shall 

18 establish reasonable thresholds for determining 

19 whether a local educational agency is among agen20 cies in the State with the highest numbers or per21 centages of students counted under section 1124(c) 

22 of the Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 6333(c)) as required under para24 graph (1)(A). 


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

2 In awarding grants under this section for fiscal year 

3 2022— 

4 (1) the State shall first award grants to quali5 fied local educational agencies that meet the require6 ments of subsection (d)(1) that will use the grant to 

7 improve the facilities of schools described in sub8 section (d)(1)(B) to support indoor and outdoor so9 cial distancing, personal hygiene, and building hy10 giene (including with respect to heating, ventilation, 

11 and air conditioning usage) in school facilities, con12 sistent with guidance issued by the Centers for Dis13 ease Control and Prevention; and 

14 (2) from any funds remaining after making 

15 grants to qualified local educational agencies that 

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

17 may award grants to other qualified local agencies in 

18 accordance with the priorities established under sub19 section (d). 

20 (d) PRIORITY OF GRANTS FOR OTHER FISCAL

21 YEARS.—Except as provided in subsection (c), in award22 ing grants under this section, the State shall give priority 

23 to qualified local educational agencies that— 

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

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1 tors described in subsection (b)(1) and other indica2 tors of need in the public school facilities of such 

3 local educational agencies, including— 

4 (i) the median age of facilities; 

5 (ii) the extent to which student enrollment 

6 exceeds physical and instructional capacity; 

7 (iii) the condition of major building sys8 tems such as heating, ventilation, air condi9 tioning, electrical, water, and sewer systems; 

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

11 doors; and 

12 (v) other critical health and safety condi13 tions; 

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

15 of— 

16 (i) elementary schools or middle schools 

17 that have an enrollment of students who are eli18 gible for a free or reduced price lunch under the 

19 Richard B. Russell National School Lunch Act 

20 (42 U.S.C. 1751 et seq.) that constitutes not 

21 less than 40 percent of the total student enroll22 ment at such schools; or 

23 (ii) high schools that have an enrollment of 

24 students who are eligible for a free or reduced 

25 price lunch under such Act that constitutes not 


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1 less than 30 percent of the total student enroll2 ment at such schools (which may be calculated 

3 using comparable data from the schools that 

4 feed into the high school); and 

5 (C) operate public school facilities that pose a 

6 severe health and safety threat to students and staff, 

7 which may include consideration of threats posed by 

8 the proximity of the facilities to toxic sites or 

9 brownfield sites or the vulnerability of the facilities 

10 to natural disasters; or 

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

12 high-speed broadband sufficient to support digital 

13 learning in accordance with section 301(b); 

14 (B) serve elementary schools or secondary 

15 schools, including rural schools, that lack such ac16 cess; and 

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

18 forth in subparagraphs (A) through (C) of para19 graph (1). 

20 (e) APPLICATION.—To be considered for a grant 

21 under this section, a qualified local educational agency 

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

23 such manner, and containing such information as the 

24 State may require. Such application shall include, at min25 imum— 


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1 (1) the information necessary for the State to 

2 make the determinations under subsections (b) 

3 through (d); 

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

5 plans to carry out with the grant; 

6 (3) an explanation of how such projects will re7 duce risks to the health and safety of staff and stu8 dents at schools served by the agency; and 

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. 

21 (f) FACILITIES MASTER PLAN.— 

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

23 after receiving a grant under this section, a qualified 

24 local educational agency shall submit to the State a 

25 comprehensive 10-year facilities master plan. 


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1 (2) ELEMENTS.—The facilities master plan re2 quired under paragraph (1) shall include, with re3 spect to all public school facilities of the qualified 

4 local educational agency, a description of— 

5 (A) the extent to which public school facili6 ties meet students’ educational needs and sup7 port the agency’s educational mission and vi8 sion; 

9 (B) the physical condition of the public 

10 school facilities; 

11 (C) the current health, safety, and environ12 mental conditions of the public school facilities, 

13 including— 

14 (i) indoor air quality; 

15 (ii) the presence of toxic substances; 

16 (iii) the safety of drinking water at 

17 the tap and water used for meal prepara18 tion, including the level of lead and other 

19 contaminants in such water; 

20 (iv) energy and water efficiency; 

21 (v) excessive classroom noise; and 

22 (vi) other health, safety, and environ23 mental conditions that would impact the 

24 health, safety, and learning ability of stu25 dents; 


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1 (D) how the local educational agency will 

2 address any conditions identified under sub3 paragraph (C); 

4 (E) the impact of current and future stu5 dent enrollment levels (as of the date of appli6 cation) on the design of current and future pub7 lic school facilities, as well as the financial im8 plications of such enrollment levels; 

9 (F) the dollar amount and percentage of 

10 funds the local educational agency will dedicate 

11 to capital construction projects for public school 

12 facilities, including— 

13 (i) any funds in the budget of the 

14 agency that will be dedicated to such 

15 projects; and 

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

17 agency that will be dedicated to such 

18 projects, including any funds available to 

19 the agency as the result of a bond issue; 

20 and 

21 (G) the dollar amount and percentage of 

22 funds the local educational agency will dedicate 

23 to the maintenance and operation of public 

24 school facilities, including— 


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1 (i) any funds in the budget of the 

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

4 and 

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

6 agency that will be dedicated to the main7 tenance and operation of such facilities. 

8 (3) CONSULTATION.—In developing the facili9 ties master plan required under paragraph (1)— 

10 (A) a qualified local educational agency 

11 shall consult with teachers, principals and other 

12 school leaders, custodial and maintenance staff, 

13 emergency first responders, school facilities di14 rectors, students and families, community resi15 dents, and Indian Tribes; and 

16 (B) in addition to the consultation required 

17 under subparagraph (A), a Bureau-funded 

18 school shall consult with the Bureau of Indian 

19 Education. 

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

21 educational agency shall use a grant received under this 

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

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

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

25 and not to supplant such funds. 


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1 SEC. 104. ANNUAL REPORT ON GRANT 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 shall submit to the appropriate 

5 congressional committees a report on the projects carried 

6 out with funds made available under this title. 

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

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 each local educational 

11 agency that received a grant under this title. 

12 (2) With respect to each such agency, a descrip13 tion of— 

14 (A) 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. 

25 Russell National School Lunch Act (42 

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


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1 (B) the population density of the geo2 graphic area served by the agency; 

3 (C) the projects for which the agency used 

4 the grant received under this title, described 

5 using measurements of school facility quality 

6 from the most recent available version of the 

7 Common Education Data Standards published 

8 by the National Center for Education Statistics; 

9 (D) the demonstrable or expected benefits 

10 of the projects; and 

11 (E) the estimated number of jobs created 

12 by the projects. 

13 (3) The total dollar amount of all grants re14 ceived by local educational agencies under this title. 

15 (c) LEA INFORMATION COLLECTION.—A local edu16 cational agency that receives a grant under this title 

17 shall— 

18 (1) annually compile the information described 

19 in subsection (b)(2); 

20 (2) make the information available to the pub21 lic, including by posting the information on a pub22 licly accessible agency website; and 

23 (3) submit the information to the State. 


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1 (d) STATE INFORMATION DISTRIBUTION.—A State 

2 that receives information from a local educational agency 

3 under subsection (c) shall— 

4 (1) compile the information and report it annu5 ally to the Secretary at such time and in such man6 ner as the Secretary may require; 

7 (2) make the information available to the pub8 lic, including by posting the information on a pub9 licly accessible State website; and 

10 (3) regularly distribute the information to local 

11 educational agencies and Tribal governments in the 

12 State. 

13 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated 

15 $20,000,000,000 for each of fiscal years 2022 through 

16 2026 to carry out this title. Amounts so appropriated are 

17 authorized to remain available through fiscal year 2031. 

18 TITLE II—SCHOOL 

19 INFRASTRUCTURE BONDS 

20 SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX 

21 CREDIT BONDS. 

22 (a) ALLOWANCE OF CREDIT.— 

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

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

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


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1 (2) CREDIT LIMITED TO CERTAIN BONDS.— 

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

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

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

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

6 ‘‘means a qualified zone academy bond which is 

7 part’’. 

8 (B) CONFORMING AMENDMENT.—Section 

9 54A(c)(2)(C) of such Code, as revived by para10 graph (1), is amended by striking ‘‘means—’’ 

11 and all that follows and inserting ‘‘a purpose 

12 specified in section 54E(a)(1)’’. 

13 (3) CONFORMING AMENDMENTS.— 

14 (A) The Internal Revenue Code of 1986 is 

15 amended by inserting before section 54A (as re16 vived by paragraph (1)) the following: 

17 ‘‘Subpart I—Qualified Tax Credit Bonds 

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

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

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

20 and I’’. 

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

22 subchapter A of chapter 1 of such Code is 

23 amended by adding at the end the following: 

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

24 (b) CREDIT ALLOWED TO ISSUER.— 


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

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

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

4 (2) CONFORMING AMENDMENT.—Section 

5 6211(b)(4) of such Code is amended by striking 

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

7 (c) QUALIFIED ZONE ACADEMY BONDS.— 

8 (1) IN GENERAL.—Section 54E 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) EXTENSION OF LIMITATION.—Section 

12 54(E)(c)(1) of such Code is amended— 

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

14 inserting ‘‘$400,000,000’’, and 

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

16 and all that follows through the period at the 

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

18 2022 and each calendar year thereafter.’’. 

19 (3) REMOVAL OF PRIVATE BUSINESS CON20 TRIBUTION REQUIREMENT.—Section 54E of the In21 ternal Revenue Code of 1986, as revived by para22 graph (1) and amended by paragraph (2), is amend23 ed— 

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

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1 ing subparagraph (B), and by redesignating 

2 subparagraph (C) as subparagraph (B), 

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

4 (C) by redesignating subsections (c) and 

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

6 (4) CONSTRUCTION OF A PUBLIC SCHOOL FA7 CILITY.—Section 54E(c)(3)(A) of the Internal Rev8 enue Code of 1986, as revived by paragraph (1) and 

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

10 striking ‘‘rehabilitating or repairing’’ and inserting 

11 ‘‘constructing, rehabilitating, retrofitting, or repair12 ing’’. 

13 (d) CONFORMING AMENDMENT RELATED TO APPLI14 CATION OF CERTAIN LABOR STANDARDS.— 

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

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

17 projects financed with the proceeds of any qualified 

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

19 Internal Revenue Code of 1986) issued after the 

20 date of the enactment of the American Recovery and 

21 Reinvestment Tax Act of 2009. 

22 (2) CONFORMING AMENDMENT.—Section 1601 

23 of the American Recovery and Reinvestment Tax 

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


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1 and redesignating paragraphs (4) and (5) as para2 graphs (3) and (4), respectively. 

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

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

6 SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 

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

8 1986 is amended by inserting after subpart I (as revived 

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

10 the following new subpart: 

11 ‘‘Subpart J—School Infrastructure Bonds 

‘‘Sec. 54BB. School infrastructure bonds. 

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

13 ‘‘(a) IN GENERAL.—If a taxpayer holds a school in14 frastructure bond on one or more interest payment dates 

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

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

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

18 determined under subsection (b) with respect to such 

19 dates. 

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

21 determined under this subsection with respect to any in22 terest payment date for a school infrastructure bond is 

23 100 percent of the amount of interest payable by the 

24 issuer with respect to such date. 


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

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

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

4 the excess of— 

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

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

7 the tax imposed by section 55, over 

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

9 under this part (other than subpart C and this 

10 subpart). 

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

12 credit allowable under subsection (a) exceeds the 

13 limitation imposed by paragraph (1) for such taxable 

14 year, such excess shall be carried to the succeeding 

15 taxable year and added to the credit allowable under 

16 subsection (a) for such taxable year (determined be17 fore the application of paragraph (1) for such suc18 ceeding taxable year). 

19 ‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 

20 ‘‘(1) IN GENERAL.—For purposes of this sec21 tion, the term ‘school infrastructure bond’ means 

22 any bond issued as part of an issue if— 

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

24 proceeds of such issue are to be used for the 


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1 purposes described in section 301 of the Reopen 

2 and Rebuild America’s Schools Act of 2021, 

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

4 (but for this section) be excludable from gross 

5 income under section 103, 

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

7 paragraph (3), and 

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

9 purposes of this section. 

10 ‘‘(2) APPLICABLE RULES.—For purposes of ap11 plying paragraph (1)— 

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

13 school infrastructure bond shall not be treated 

14 as federally guaranteed by reason of the credit 

15 allowed under section 6431(a), 

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

17 on a school infrastructure bond shall be deter18 mined without regard to the credit allowed 

19 under subsection (a), and 

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

21 school infrastructure bond if the issue price has 

22 more than a de minimis amount (determined 

23 under rules similar to the rules of section 

24 1273(a)(3)) of premium over the stated prin25 cipal amount of the bond. 


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1 ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 

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

3 treated as meeting the requirements of this 

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

5 issuer reasonably expects 100 percent of the 

6 available project proceeds to be spent for pur7 poses described in section 301 of the Reopen 

8 and Rebuild America’s Schools Act of 2021 

9 within the 6-year period beginning on such date 

10 of issuance. 

11 ‘‘(B) FAILURE TO SPEND REQUIRED

12 AMOUNT OF BOND PROCEEDS WITHIN 6

13 YEARS.—To the extent that less than 100 per14 cent of the available project proceeds of the 

15 issue are expended at the close of the period de16 scribed in subparagraph (A) with respect to 

17 such issue, the issuer shall redeem all of the 

18 nonqualified bonds within 90 days after the end 

19 of such period. For purposes of this paragraph, 

20 the amount of the nonqualified bonds required 

21 to be redeemed shall be determined in the same 

22 manner as under section 142. 

23 ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES24 IGNATED.—The maximum aggregate face amount of 

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1 ignated under subsection (d)(1)(D) by any issuer shall not 

2 exceed the limitation amount allocated under subsection 

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

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

5 DESIGNATED.—The national qualified school infrastruc6 ture bond limitation for each calendar year is— 

7 ‘‘(1) $10,000,000,000 for 2022, 

8 ‘‘(2) $10,000,000,000 for 2023, and 

9 ‘‘(3) $10,000,000,000 for 2024. 

10 ‘‘(g) ALLOCATION OF LIMITATION.— 

11 ‘‘(1) ALLOCATIONS.— 

12 ‘‘(A) STATES.—After application of sub13 paragraph (B) and paragraph (3)(A), the limi14 tation applicable under subsection (f) for a cal15 endar year shall be allocated by the Secretary 

16 among the States in proportion to the respec17 tive amounts received by all local educational 

18 agencies in each State under part A of title I 

19 of the Elementary and Secondary Education 

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

21 previous fiscal year relative to the total such 

22 amount received by all local educational agen23 cies for the most recent fiscal year ending be24 fore such calendar year. 


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

2 1 percent of the amount of the limitation appli3 cable under subsection (f) for a calendar year 

4 shall be allocated by the Secretary to posses5 sions of the United States other than Puerto 

6 Rico for such calendar year. 

7 ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita8 tion amount allocated to a State or possession under 

9 paragraph (1) shall be allocated by the State edu10 cational agency (or such other agency as is author11 ized under State law to make such allocation) to 

12 issuers within such State or possession in accord13 ance with the priorities described in subsections (c) 

14 and (d) of section 103 of the Reopen and Rebuild 

15 America’s Schools Act of 2021 and the eligibility re16 quirements described in section 103(b) of such Act, 

17 except that paragraph (1)(C) of such section shall 

18 not apply to the determination of eligibility for such 

19 allocation. 

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

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

22 of the amount of the limitation applicable under 

23 subsection (f) for any calendar year shall be al24 located by the Secretary to the Secretary of the 


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1 Interior for schools funded by the Bureau of In2 dian Affairs for such calendar year. 

3 ‘‘(B) ALLOCATION TO SCHOOLS.—The lim4 itation amount allocated to the Secretary of the 

5 Interior under paragraph (1) shall be allocated 

6 by such Secretary to issuers or schools funded 

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

8 amounts allocated under the preceding sen9 tence, Indian tribal governments shall be treat10 ed as qualified issuers for purposes of this sub11 chapter. 

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

13 the limitation amount allocated under paragraph (1) 

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

15 within such State (in the case of an amount allo16 cated under paragraph (1)) or by the Secretary of 

17 the Interior to issuers or schools funded by the Bu18 reau of Indian Affairs (in the case of an amount al19 located under paragraph (3)(A)) to carry out activi20 ties to improve digital learning in accordance with 

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

22 Schools Act of 2021. 

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

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

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

2 bond. 

3 ‘‘(i) SPECIAL RULES.— 

4 ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE

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

7 title, interest on any school infrastructure bond shall 

8 be includible in gross income. 

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

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

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

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

13 (b) CREDIT ALLOWED TO ISSUER.—Section 

14 6431(f)(3)(A) of such Code, as revived by section 

15 201(b)(1), is amended by striking ‘‘means any qualified 

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

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

18 ‘‘(A) such bond is— 

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

20 is a qualified zone academy bond (as de21 fined in section 54E) determined without 

22 regard to any allocation relating to the na23 tional zone academy bond limitation for 

24 years after 2010 or any carryforward of 

25 any such allocation, or 


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1 ‘‘(ii) any school infrastructure bond 

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

3 (c) APPLICATION OF CERTAIN LABOR STANDARDS.— 

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

5 Code, shall apply to projects financed with the proceeds 

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

7 54E of the Internal Revenue Code of 1986) issued after 

8 the date of the enactment of this Act. 

9 (d) CONFORMING AMENDMENTS.— 

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

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

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

13 J’’. 

14 (2) The table of subparts for part IV of sub15 chapter A of chapter 1 of such Code, as amended by 

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

17 following: 

‘‘SUBPART J—SCHOOL INFRASTRUCTURE BONDS’’. 

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

19 this section shall apply to obligations issued after Decem20 ber 31, 2022. 

21 SEC. 203. ANNUAL REPORT ON BOND PROGRAM. 

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

23 each fiscal year beginning after the date of the enactment 

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


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1 to the appropriate congressional committees a report on 

2 the amendments made by sections 201 and 202. 

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

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

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

6 (1) An identification of— 

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

8 that received an allocation under section 

9 54E(b)(2) or 54BB(g) of the Internal Revenue 

10 Code of 1986, and 

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

12 that was eligible to receive such funds but did 

13 not receive such funds. 

14 (2) With respect to each local educational agen15 cy described in paragraph (1)— 

16 (A) an assessment of the capacity of the 

17 agency to raise funds for the long-term im18 provement of public school facilities, as deter19 mined by an assessment of— 

20 (i) the current and historic ability of 

21 the agency to raise funds for construction, 

22 renovation, modernization, and major re23 pair projects for schools, including the abil24 ity of the agency to raise funds through 

25 imposition of property taxes, 


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1 (ii) whether the agency has been able 

2 to issue bonds to fund construction 

3 projects, including— 

4 (I) qualified zone academy bonds 

5 under section 54E of the Internal 

6 Revenue Code of 1986, and 

7 (II) school infrastructure bonds 

8 under section 54BB of the Internal 

9 Revenue Code of 1986, and 

10 (iii) the bond rating of the agency, 

11 (B) the demographic composition of the 

12 student population served by the agency, 

13 disaggregated by— 

14 (i) race, 

15 (ii) the number and percentage of stu16 dents counted under section 1124(c) of the 

17 Elementary and Secondary Education Act 

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

19 (iii) the number and percentage of 

20 students who are eligible for a free or re21 duced price lunch under the Richard B. 

22 Russell National School Lunch Act (42 

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

24 (C) the population density of the geo25 graphic area served by the agency, 


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1 (D) a description of the projects carried 

2 out with funds received from school infrastruc3 ture bonds, 

4 (E) a description of the demonstrable or 

5 expected benefits of the projects, and 

6 (F) the estimated number of jobs created 

7 by the projects. 

8 (3) The total dollar amount of all funds re9 ceived by local educational agencies from school in10 frastructure bonds. 

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

12 Treasury determines to be appropriate. 

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

14 educational agency that receives an allocation under sec15 tion 54E(b)(2) or 54BB(g) of the Internal Revenue Code 

16 of 1986 shall— 

17 (1) annually compile the information necessary 

18 for the Secretary of the Treasury to determine the 

19 elements described in subsection (b), and 

20 (2) report the information to the Secretary of 

21 the Treasury at such time and in such manner as 

22 the Secretary of the Treasury may require. 

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

24 of this section, the term ‘‘Secretary of the Treasury’’ in25 cludes the Secretary’s delegate. 


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1 TITLE III—USES OF FUNDS 

2 SEC. 301. ALLOWABLE USES OF FUNDS. 

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

4 a local educational agency that receives covered funds may 

5 use such funds to— 

6 (1) develop the facilities master plan required 

7 under section 103(f); 

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

9 public school facilities, which may include seismic 

10 retrofitting for schools vulnerable to seismic natural 

11 disasters; 

12 (3) carry out major repairs of public school fa13 cilities; 

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

15 10-year life in public school facilities; 

16 (5) construct new public school facilities; 

17 (6) acquire and prepare sites on which new 

18 public school facilities will be constructed; 

19 (7) extend the life of basic systems and compo20 nents of public school facilities; 

21 (8) ensure current or anticipated enrollment 

22 does not exceed the physical and instructional capac23 ity of public school facilities; 

24 (9) ensure the building envelopes and interiors 

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1 ural elements and human threats, and are struc2 turally sound and secure; 

3 (10) compose building design plans that 

4 strengthen the safety and security on school prem5 ises by utilizing design elements, principles, and 

6 technology that— 

7 (A) guarantee layers of security through8 out the school premises; and 

9 (B) uphold the aesthetics of the school 

10 premises as a learning and teaching environ11 ment; 

12 (11) improve energy and water efficiency to 

13 lower the costs of energy and water consumption in 

14 public school facilities; 

15 (12) improve indoor air quality in public school 

16 facilities; 

17 (13) reduce or eliminate the presence of— 

18 (A) toxic substances, including mercury, 

19 radon, PCBs, lead, and asbestos; 

20 (B) mold and mildew; or 

21 (C) rodents and pests; 

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

23 tap and water used for meal preparation in public 

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

2 and other contaminants; 

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

5 (16) make public school facilities accessible to 

6 people with disabilities through compliance with the 

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

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

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

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

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

17 (18) increase the use of public school facilities 

18 for the purpose of community-based partnerships 

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

21 (19) ensure the health of students and staff 

22 during the construction or modernization of public 

23 school facilities; or 

24 (20) reduce or eliminate excessive classroom 

25 noise due to activities allowable under this section. 


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

2 educational agency may use covered funds to leverage ex3 isting public programs or public-private partnerships to 

4 expand access to high-speed broadband sufficient for dig5 ital learning. 

6 SEC. 302. PROHIBITED USES. 

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

8 receives covered funds may not use such funds for— 

9 (1) payment of routine and predictable mainte10 nance costs and minor repairs; 

11 (2) any facility that is primarily used for ath12 letic contests or exhibitions or other events for which 

13 admission is charged to the general public; 

14 (3) vehicles; or 

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

16 facilities that are not primarily used to educate stu17 dents. 

18 (b) ADDITIONAL PROHIBITIONS RELATING TO CHAR19 TER SCHOOLS.—No covered funds may be used— 

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

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

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

23 if— 

24 (A) the school leases the facilities from an 

25 individual or private sector entity; and 


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1 (B) such individual, or an individual with 

2 a direct or indirect financial interest in such en3 tity, has a management or governance role in 

4 such school. 

5 SEC. 303. REQUIREMENTS FOR HAZARD-RESISTANCE AND 

6 ENERGY AND WATER CONSERVATION. 

7 A local educational agency that receives covered 

8 funds shall ensure that any new construction, moderniza9 tion, or renovation project carried out with such funds 

10 meets or exceeds the requirements of the following: 

11 (1) Requirements for such projects set forth in 

12 the most recent published edition of a nationally rec13 ognized, consensus-based model building code. 

14 (2) Requirements for such projects set forth in 

15 the most recent published edition of a nationally rec16 ognized, consensus-based model energy conservation 

17 code. 

18 (3) Performance criteria under the WaterSense 

19 program, established under section 324B of the En20 ergy Policy and Conservation Act (42 U.S.C. 

21 6294b), applicable to such projects within a nation22 ally recognized, consensus-based model code. 

23 (4) Indoor environmental air quality require24 ments applicable to such projects as set forth in the 


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1 most recent published edition of a nationally recog2 nized, consensus-based standard. 

3 SEC. 304. GREEN PRACTICES. 

4 (a) IN GENERAL.—In a given fiscal year, a local edu5 cational agency that uses covered funds for a new con6 struction project or renovation project shall use not less 

7 than the applicable percentage (as described in subsection 

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

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

10 the applicable provisions of— 

11 (1) the United States Green Building Council 

12 Leadership in Energy and Environmental Design 

13 green building rating standard (commonly known as 

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

15 (2) the Living Building Challenge developed by 

16 the International Living Future Institute; 

17 (3) a green building rating program developed 

18 by the Collaborative for High-Performance Schools 

19 (commonly known as ‘‘CHPS’’) that is CHPS20 verified; or 

21 (4) a program that— 

22 (A) has standards that are equivalent to or 

23 more stringent than the standards of a program 

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


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1 (B) is adopted by the State or another ju2 risdiction with authority over the agency; and 

3 (C) includes a verifiable method to dem4 onstrate compliance with such program. 

5 (b) APPLICABLE PERCENTAGE.—The applicable per6 centage described in this subsection is— 

7 (1) for fiscal year 2022, 60 percent; 

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

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

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

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

12 100 percent. 

13 SEC. 305. USE OF AMERICAN IRON, STEEL, AND MANUFAC14 TURED PRODUCTS. 

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

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

17 and manufactured products used in projects carried out 

18 with such funds are produced in the United States. 

19 (b) WAIVER AUTHORITY.— 

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

21 the requirement of subsection (a) if the Secretary 

22 determines that— 

23 (A) applying subsection (a) would be in24 consistent with the public interest; 


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1 (B) iron, steel, and manufactured products 

2 produced in the United States are not produced 

3 in a sufficient and reasonably available amount 

4 or are not of a satisfactory quality; or 

5 (C) using iron, steel, and manufactured 

6 products produced in the United States will in7 crease the cost of the overall project by more 

8 than 25 percent. 

9 (2) PUBLICATION.—Before issuing a waiver 

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

11 the Federal Register a detailed written explanation 

12 of the waiver determination. 

13 (c) CONSISTENCY WITH INTERNATIONAL AGREE14 MENTS.—This section shall be applied in a manner con15 sistent with the obligations of the United States under 

16 international agreements. 

17 (d) DEFINITIONS.—In this section: 

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

19 term ‘‘produced in the United States’’ means the fol20 lowing: 

21 (A) When used with respect to a manufac22 tured product, the product was manufactured in 

23 the United States and the cost of the compo24 nents of such product that were mined, pro25 duced, or manufactured in the United States 


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1 exceeds 60 percent of the total cost of all com2 ponents of the product. 

3 (B) When used with respect to iron or 

4 steel products, or an individual component of a 

5 manufactured product, all manufacturing proc6 esses for such iron or steel products or compo7 nents, from the initial melting stage through 

8 the application of coatings, occurred in the 

9 United States, except that the term does not in10 clude— 

11 (i) steel or iron material or products 

12 manufactured abroad from semi-finished 

13 steel or iron from the United States; and 

14 (ii) steel or iron material or products 

15 manufactured in the United States from 

16 semi-finished steel or iron of foreign origin. 

17 (2) MANUFACTURED PRODUCT.—The term 

18 ‘‘manufactured product’’ means any construction 

19 material or end product (as such terms are defined 

20 in part 25.003 of the Federal Acquisition Regula21 tion) that is not an iron or steel product, includ22 ing— 

23 (A) electrical components; and 

24 (B) non-ferrous building materials, includ25 ing, aluminum and polyvinylchloride (PVC), 


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1 glass, fiber optics, plastic, wood, masonry, rub2 ber, manufactured stone, any other non-ferrous 

3 metals, and any unmanufactured construction 

4 material. 

5 TITLE IV—REPORTS AND OTHER 

6 MATTERS 

7 SEC. 401. COMPTROLLER GENERAL REPORT. 

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

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

10 of the United States shall submit to the appropriate con11 gressional committees a report on the projects carried out 

12 with covered funds. 

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

14 shall include an assessment of— 

15 (1) State activities, including— 

16 (A) the types of public school facilities 

17 data collected by each State, if any; 

18 (B) technical assistance with respect to 

19 public school facilities provided by each State, if 

20 any; 

21 (C) future plans of each State with respect 

22 to public school facilities; 

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1 poses of the projects carried out with covered 

2 funds; and 

3 (E) whether the State issued new regula4 tions to ensure the health and safety of stu5 dents and staff during construction or renova6 tion projects or to ensure safe, healthy, and 

7 high-performing school buildings; 

8 (2) the types of projects carried out with cov9 ered funds, including— 

10 (A) the square footage of the improve11 ments made with covered funds; 

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

13 (C) the cost described in subparagraph 

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

15 project, the cost of planning, design, construc16 tion, site purchase, and improvements; 

17 (3) the geographic distribution of the projects; 

18 (4) the demographic composition of the student 

19 population served by the projects, disaggregated 

20 by— 

21 (A) race; 

22 (B) the number and percentage of students 

23 counted under section 1124(c) of the Elemen24 tary and Secondary Education Act of 1965 (20 

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


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1 (C) the number and percentage of students 

2 who are eligible for a free or reduced price 

3 lunch under the Richard B. Russell National 

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

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

6 on the health and safety of school staff and stu7 dents; and 

8 (6) how the Secretary or States could make 

9 covered funds more accessible— 

10 (A) to schools with the highest numbers 

11 and percentages of students counted under sec12 tion 1124(c) of the Elementary and Secondary 

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

14 and 

15 (B) to schools with fiscal challenges in 

16 raising capital for school infrastructure 

17 projects. 

18 (c) UPDATES.—The Comptroller General shall up19 date and resubmit the report to the appropriate congres20 sional committees— 

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

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

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

24 after such date of enactment. 


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

2 PUBLIC SCHOOLS. 

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

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

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

6 Director of the Institute of Education Sciences, shall— 

7 (1) carry out a comprehensive study of the 

8 physical conditions of all public schools in each State 

9 and outlying area; and 

10 (2) submit a report to the appropriate congres11 sional committees that includes the results of the 

12 study. 

13 (b) ELEMENTS.—Each study and report under sub14 section (a) shall include— 

15 (1) an assessment of— 

16 (A) the effect of school facility conditions 

17 on student and staff health and safety; 

18 (B) the effect of school facility conditions 

19 on student academic outcomes; 

20 (C) the condition of school facilities, set 

21 forth separately by geographic region; 

22 (D) the condition of school facilities for 

23 economically disadvantaged students as well as 

24 students from major racial and ethnic sub25 groups; 


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1 (E) the accessibility of school facilities for 

2 students and staff with disabilities; 

3 (F) the prevalence of school facilities at 

4 which student enrollment exceeds the physical 

5 and instructional capacity of the facility and the 

6 effect of such excess enrollment on instructional 

7 quality and delivery of school wraparound serv8 ices; 

9 (G) the condition of school facilities af10 fected by natural disasters; 

11 (H) the effect that projects carried out 

12 with covered funds have on the communities in 

13 which such projects are conducted, including 

14 the vitality, jobs, population, and economy of 

15 such communities; and 

16 (I) the ability of building envelopes and in17 teriors of public school facilities to protect occu18 pants from natural elements and human 

19 threats; 

20 (2) an explanation of any differences observed 

21 with respect to the factors described in subpara22 graphs (A) through (I) of paragraph (1); and 

23 (3) a cost estimate for bringing school facilities 

24 to a state of good repair, as determined by the Sec25 retary. 


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1 SEC. 403. 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)(A)(ii); 

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. 404. 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 403(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. 405. 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 2022 through 

4 2026.’’. 

5 TITLE W—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); and 

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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73 

•HR 604 IH

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 2022 and each fiscal year thereafter. 

Æ 


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