IB 

Union Calendar No. 467 

117TH CONGRESS 

2D SESSION H. R. 604 

[Report No. 117–607, Part I] 

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 of Maryland, 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. ROYBALVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 604 RH

ALLARD, Mr. RUPPERSBERGER, Mr. RYAN of Ohio, 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 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 

DECEMBER 7, 2022 

Reported from the Committee on Education and Labor with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 7, 2022 

Referral to the Committee on Ways and Means extended for a period ending 

not later than December 15, 2022 

DECEMBER 16, 2022 

Additional sponsors: Mr. MRVAN, Ms. LEGER FERNANDEZ, Mr. BOWMAN, Ms. 

PLASKETT, Mr. ALLRED, Mr. QUIGLEY, Mr. CARTWRIGHT, Ms. 

DELBENE, Mr. RUSH, Ms. JAYAPAL, Mr. PERLMUTTER, Mr. MOULTON, 

Mr. YARMUTH, Ms. MANNING, Ms. SHERRILL, Mr. HIMES, Ms. STRICKLAND, Ms. BUSH, Mr. BACON, Ms. MCCOLLUM, Mrs. MURPHY of Florida, Ms. WATERS, Mr. PALLONE, Mr. KEATING, Mrs. DINGELL, Mrs. 

CAROLYN B. MALONEY of New York, Ms. NEWMAN, Mr. LARSEN of 

Washington, Mrs. CHERFILUS-MCCORMICK, Mr. LARSON of Connecticut, 

and Mr. MFUME

DECEMBER 16, 2022 

Committee on Ways and Means discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 28, 2021] 

A BILL 

To provide for the long-term improvement of public school 

facilities, and for other purposes. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 604 RH

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 ‘‘Re5 build America’s Schools Act of 2022’’. 

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 

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 

Sec. 601. Allocations to States. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 604 RH

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 commit5 tees’’ means the Committee on Education and Labor 

6 of the House of Representatives and the Committee on 

7 Health, Education, Labor and Pensions of the Senate. 

8 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu9 reau-funded school’’ has the meaning given that term 

10 in section 1141 of the Education Amendments of 1978 

11 (25 U.S.C. 2021). 

12 (3) COVERED FUNDS.—The term ‘‘covered funds’’ 

13 means funds received— 

14 (A) under title I of this Act; 

15 (B) from a school infrastructure bond; or 

16 (C) from a qualified zone academy bond (as 

17 such term is defined in section 54E of the Inter18 nal Revenue Code of 1986 (as restored by section 

19 201)). 

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

21 school’’, ‘‘outlying area’’, and ‘‘secondary school’’ have 

22 the meanings given those terms in section 8101 of the 

23 Elementary and Secondary Education Act of 1965 

24 (20 U.S.C. 7801). 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 604 RH

1 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

3 that term in section 8101 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 7801) ex5 cept that such term does not include a Bureau-funded 

6 school. 

7 (6) PUBLIC SCHOOL FACILITIES.—The term 

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

9 grounds of a public elementary school or a public sec10 ondary school. 

11 (7) QUALIFIED LOCAL EDUCATIONAL AGENCY.— 

12 The term ‘‘qualified local educational agency’’ means 

13 a local educational agency that receives funds under 

14 part A of title I of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 6311 et seq.). 

16 (8) SCHOOL INFRASTRUCTURE BOND.—The term 

17 ‘‘school infrastructure bond’’ has the meaning given 

18 such term in section 54BB of the Internal Revenue 

19 Code of 1986 (as added by section 202). 

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

21 the Secretary of Education. 

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

23 the 50 States, the District of Columbia, and the Com24 monwealth of Puerto Rico. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 604 RH

1 (11) NET ZERO ENERGY SCHOOL.—The term 

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

3 school or public secondary school that— 

4 (A) generates renewable energy on-site; and 

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

6 of such renewable energy that equals or exceeds 

7 the total amount of renewable energy that is de8 livered to the school from outside sources. 

9 TITLE I—GRANTS FOR THE 

10 LONG-TERM IMPROVEMENT 

11 OF PUBLIC SCHOOL FACILI12 TIES 

13 SEC. 101. PURPOSE AND RESERVATION. 

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

15 shall be for the purpose of supporting long-term improve16 ments to public school facilities in accordance with this Act. 

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

19 (1) IN GENERAL.—For each of fiscal years 2023 

20 through 2027, the Secretary shall reserve, from the 

21 amount appropriated to carry out this title— 

22 (A) one-half of 1 percent, to make alloca23 tions to the outlying areas in accordance with 

24 paragraph (3); and 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 604 RH

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

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

4 (2) USE OF RESERVED FUNDS.— 

5 (A) IN GENERAL.—Funds reserved under 

6 paragraph (1) shall be used in accordance with 

7 title III. 

8 (B) SPECIAL RULES FOR BUREAU-FUNDED

9 SCHOOLS.— 

10 (i) APPLICABILITY.—The provisions of 

11 title III shall apply to a Bureau-funded 

12 school that receives assistance under para13 graph (1)(B) in the same manner that such 

14 provisions apply to a qualified local edu15 cational agency that receives covered funds. 

16 The facilities of a Bureau-funded school 

17 shall be treated as public school facilities for 

18 purposes of the application of such provi19 sions. 

20 (ii) TREATMENT OF TRIBALLY OPER21 ATED SCHOOLS.—The Secretary of the Inte22 rior shall provide assistance to Bureau23 funded schools under paragraph (1)(B) 

24 without regard to whether such schools are 

25 operated by the Bureau of Indian EduVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 604 RH

1 cation or by an Indian Tribe. In the case 

2 of a Bureau-funded school that is a contract 

3 or grant school (as that term is defined in 

4 section 1141 of the Education Amendments 

5 of 1978 (25 U.S.C. 2021)) operated by an 

6 Indian Tribe, the Secretary of the Interior 

7 shall provide assistance under such para8 graph to the Indian Tribe concerned. 

9 (3) ALLOCATION TO OUTLYING AREAS.—From 

10 the amount reserved under paragraph (1)(A) for a fis11 cal year, the Secretary shall allocate to each outlying 

12 area an amount in proportion to the amount received 

13 by the outlying area under part A of title I of the El14 ementary and Secondary Education Act of 1965 (20 

15 U.S.C. 6311 et seq.) for the previous fiscal year rel16 ative to the total such amount received by all outlying 

17 areas for such previous fiscal year. 

18 SEC. 102. ALLOCATION TO STATES. 

19 (a) ALLOCATION TO STATES.— 

20 (1) STATE-BY-STATE ALLOCATION.— 

21 (A) FISCAL YEAR 2023.—Of the amount ap22 propriated to carry out this title for fiscal year 

23 2023 and not reserved under section 101(b), not 

24 later than 30 days after such funds are appro25 priated, each State that provides an assurance to 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 604 RH

1 the Secretary that the State will comply with the 

2 requirements of section 103(c) shall be allocated 

3 an amount in proportion to the amount received 

4 by all local educational agencies in the State 

5 under part A of title I of the Elementary and 

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

7 6311 et seq.) for the previous fiscal year relative 

8 to the total amount received under such part for 

9 such fiscal year by all local educational agencies 

10 in every State that provides such an assurance 

11 to the Secretary. 

12 (B) OTHER FISCAL YEARS.—Of the amount 

13 appropriated to carry out this title for each fis14 cal year other than fiscal year 2023 and not re15 served under section 101(b), each State that has 

16 a plan approved by the Secretary under sub17 section (b) shall be allocated an amount in pro18 portion to the amount received by all local edu19 cational agencies in the State under part A of 

20 title I of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 6311 et seq.) for 

22 the previous fiscal year relative to the total 

23 amount received under such part for such fiscal 

24 year by all local educational agencies in every 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 604 RH

1 State that has a plan approved by the Secretary 

2 under subsection (b). 

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

4 not more than 5 percent of its allocation under para5 graph (1) to carry out its responsibilities under this 

6 Act, which shall include— 

7 (A) providing technical assistance to local 

8 educational agencies, including by— 

9 (i) identifying which State agencies 

10 have programs, resources, and expertise rel11 evant to the activities supported by the allo12 cation under this section; and 

13 (ii) coordinating the provision of tech14 nical assistance across such agencies; 

15 (B) in accordance with the guidance issued 

16 by the Secretary under section 404, developing 

17 an online, publicly searchable database that con18 tains an inventory of the infrastructure of all 

19 public school facilities in the State (including 

20 the facilities of Bureau-funded schools, as appro21 priate), including, with respect to each such fa22 cility, an identification of— 

23 (i) the information described in clauses 

24 (i) through (vii) of subparagraph (F); 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 604 RH

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

3 renovations) of— 

4 (I) the facility; 

5 (II) its roof; 

6 (III) its electrical panels and 

7 lighting system; 

8 (IV) its windows and any sky9 lights; 

10 (V) its cooking equipment and 

11 major appliances; 

12 (VI) its plumbing; and 

13 (VII) its heating, ventilation, and 

14 air conditioning system, including any 

15 energy management controls and sys16 tems; 

17 (iii) fire safety inspection results; 

18 (iv) the proximity of the facilities to 

19 toxic sites, including sites contaminated by 

20 per- and polyfluoroalkyl substances, or the 

21 vulnerability of the facilities to natural dis22 asters, including the extent to which facili23 ties that are vulnerable to seismic natural 

24 disasters are seismically retrofitted; 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 604 RH

1 (v) any previous inspections showing 

2 the presence of toxic substances, including 

3 per- and polyfluoroalkyl substances; 

4 (vi) any improvements that are needed 

5 to support indoor and outdoor social 

6 distancing, personal hygiene, and building 

7 hygiene (including with respect to heating, 

8 ventilation, and air conditioning usage) in 

9 school facilities, consistent with guidance 

10 issued by the Centers for Disease Control 

11 and Prevention; and 

12 (vii) any improvements that are need13 ed to support energy and water efficiency, 

14 resilience, and climate mitigation; 

15 (C) updating the database developed under 

16 subparagraph (B) not less frequently than once 

17 every 3 years; 

18 (D) ensuring that the information in the 

19 database developed under subparagraph (B)— 

20 (i) is posted on a publicly accessible 

21 State website; and 

22 (ii) is regularly distributed to local 

23 educational agencies and Tribal govern24 ments in the State; 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 604 RH

1 (E) issuing and reviewing regulations to 

2 ensure the health and safety of students and staff 

3 during construction or renovation projects; 

4 (F) issuing or reviewing regulations to en5 sure safe, healthy, and high-performing school 

6 buildings, including regulations governing— 

7 (i) indoor environmental quality and 

8 ventilation, including exposure to carbon 

9 monoxide, carbon dioxide, lead-based paint, 

10 and other combustion by-products such as 

11 oxides of nitrogen; 

12 (ii) mold, mildew, and moisture con13 trol; 

14 (iii) the safety of drinking water at the 

15 tap and water used for meal preparation, 

16 including regulations that— 

17 (I) address the presence of lead 

18 and other contaminants, including per19 and polyfluoroalkyl substances, in such 

20 water; and 

21 (II) require the regular testing of 

22 the potability of water at the tap and 

23 testing for contaminants, including 

24 per- and polyfluoroalkyl substances; 

25 (iv) energy and water efficiency; 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 604 RH

1 (v) excessive classroom noise due to ac2 tivities allowable under section 301; 

3 (vi) the levels of maintenance work, 

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

6 public school facilities; and 

7 (vii) the construction or renovation of 

8 such facilities, including applicable build9 ing codes; 

10 (G) creating a plan to reduce or eliminate 

11 exposure to toxic substances, including mercury, 

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

13 polyfluoroalkyl substances, and asbestos; and 

14 (H) creating a plan to increase the number 

15 of net zero energy schools in the State, including 

16 professional development opportunities for State 

17 and local educational agency staff involved in 

18 maintenance, operations, and school facilities 

19 capital outlay projects related to energy and 

20 water efficiency, resilience, climate mitigation, 

21 renewable energy, energy storage, and building 

22 electrification. 

23 (b) STATE PLAN.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), to be eligible to receive an allocation under 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 604 RH

1 this section, a State shall submit to the Secretary a 

2 plan that— 

3 (A) describes how the State will use the allo4 cation to make long-term improvements to public 

5 school facilities; 

6 (B) explains how the State will carry out 

7 each of its responsibilities under subsection 

8 (a)(2); 

9 (C) explains how the State will make the 

10 determinations under subsections (b) through (d) 

11 of section 103, including how the State will con12 sider the impact that projects will have on stu13 dent diversity and racial and socioeconomic iso14 lation of students attending any current (as of 

15 the time of the submission of the plan) or future 

16 public school facilities supported by such 

17 projects; 

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

19 the State will maintain fiscal effort for the ac20 tivities supported by the allocation after the 

21 State no longer receives the allocation; and 

22 (E) includes such other information as the 

23 Secretary may require. 

24 (2) EXPEDITED PROCESS FOR FISCAL YEAR

25 2023.— 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 604 RH

1 (A) ASSURANCE TO SECRETARY.—To be eli2 gible to receive an allocation for fiscal year 2023 

3 under section 101(a)(1)(A), a State shall provide 

4 to the Secretary an assurance that the State will 

5 comply with the requirements of section 103(c). 

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

7 shall not be required to submit a State plan 

8 under paragraph (1) before receiving an alloca9 tion for fiscal year 2023 under section subsection 

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

11 under such subsection for such fiscal year shall 

12 submit to the Secretary the State plan described 

13 in paragraph (1) not later than 90 days after 

14 the date on which such allocation is received. 

15 (3) APPROVAL AND DISAPPROVAL.—The Sec16 retary shall have the authority to approve or dis17 approve a State plan submitted under paragraph (1). 

18 (c) CONDITIONS.—As a condition of receiving an allo19 cation under this section, a State shall agree to the fol20 lowing: 

21 (1) MATCHING REQUIREMENT.— 

22 (A) IN GENERAL.—The State shall con23 tribute, from non-Federal sources, an amount 

24 equal to 10 percent of the amount of the allocaVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 604 RH

1 tion received under this section to carry out the 

2 activities supported by the allocation. 

3 (B) DEADLINE.—The State shall provide 

4 any contribution required under subparagraph 

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

6 (C) CERTAIN FISCAL YEARS.—With respect 

7 to a fiscal year for which more than 

8 $7,000,000,000 are appropriated to carry out 

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

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

11 (D) COMMITMENT TO PROPORTIONAL STATE

12 INVESTMENT IN SCHOOL FACILITIES.— 

13 (i) IN GENERAL.—The State shall pro14 vide an assurance to the Secretary that for 

15 each fiscal year that the State receives an 

16 allocation under this section, the State’s 

17 share of school facilities capital outlay will 

18 be not less than 90 percent of the average of 

19 the State’s share of school facilities capital 

20 outlay for the 5 years preceding the fiscal 

21 year for which the allocation is received. 

22 (ii) WAIVER.—Notwithstanding clause 

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

24 the Secretary may modify or waive, in 

25 whole or in part, the requirement of clause 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 604 RH

1 (i) if the Secretary determines that such 

2 State demonstrates an exceptional or uncon3 trollable circumstance, such as a natural 

4 disaster, pandemic, or precipitous decline 

5 in revenue. 

6 (iii) STATE’S SHARE OF SCHOOL FA7 CILITIES CAPITAL OUTLAY.—In this sub8 paragraph, the term ‘‘State’s share of school 

9 facilities capital outlay’’ means— 

10 (I) the total State expenditures on 

11 school facilities capital outlay projects; 

12 divided by 

13 (II) the total school facilities cap14 ital expenditures in the State on school 

15 facilities capital outlay projects. 

16 (iv) TOTAL STATE EXPENDITURES.—In 

17 this subparagraph, the term ‘‘total State ex18 penditures’’ means the State’s total expendi19 tures (from funds other than an allocation 

20 under this section) on school facilities cap21 ital outlay projects, including— 

22 (I) any direct expenditures by the 

23 State for the purpose of school facilities 

24 capital outlay projects; and 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 604 RH

1 (II) funds provided by the State 

2 to local educational agencies for the 

3 purpose of school facilities capital out4 lay projects. 

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

7 this subparagraph, the term ‘‘total school fa8 cilities capital expenditures in the State’’, 

9 means the sum of— 

10 (I) the total state expenditures 

11 calculated under clause (iv); 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 (iv). 

20 (2) SUPPLEMENT NOT SUPPLANT.—The State 

21 shall use an allocation under this section only to sup22 plement the level of State public funds that would, in 

23 absence of the receipt of Federal funds under this sec24 tion, be made available for the State’s contribution to 


kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 604 RH

1 school facilities capital outlays, and not to supplant 

2 such State public funds. 

3 SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDU4 CATIONAL AGENCIES. 

5 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

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

7 from the amounts allocated to a State under section 

8 102(a) and contributed by the State under section 

9 102(c)(1), the State shall award grants to qualified 

10 local educational agencies, on a competitive basis, to 

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

12 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

13 State may use up to 10 percent of the amount de14 scribed in paragraph (1) to make grants to qualified 

15 local educational agencies carry out activities to im16 prove digital learning in accordance with section 

17 301(b). 

18 (b) ELIGIBILITY.— 

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

20 grant under this section, a qualified local educational 

21 agency— 

22 (A) shall be among the local educational 

23 agencies in the State with the highest numbers or 

24 percentages of students counted under section 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 604 RH

1 1124(c) of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 6333(c)); 

3 (B) shall agree to prioritize the improve4 ment of the facilities of public schools that serve 

5 the highest percentages of students who are eligi6 ble for a free or reduced price lunch under the 

7 Richard B. Russell National School Lunch Act 

8 (42 U.S.C. 1751 et seq.) (which, in the case of 

9 a high school, may be calculated using com10 parable data from the schools that feed into the 

11 high school), as compared to other public schools 

12 in the jurisdiction of the agency; and 

13 (C) shall be among the local educational 

14 agencies in the State with the most limited ca15 pacity to raise funds for the long-term improve16 ment of public school facilities, as determined by 

17 an assessment of— 

18 (i) the current and historic ability of 

19 the agency to raise funds for construction, 

20 renovation, modernization, and major re21 pair projects for schools; 

22 (ii) whether the agency has been able to 

23 issue bonds or receive other funds to support 

24 school construction projects; and 

25 (iii) the bond rating of the agency. 


kjohnson on DSK79L0C42PROD with BILLS
22 

•HR 604 RH

1 (2) EQUITABLE DISTRIBUTION.— 

2 (A) NUMBERS AND PERCENTAGES OF CER3 TAIN STUDENTS.—In making the determination 

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

5 that grants under this section are equitably dis6 tributed among— 

7 (i) qualified local educational agencies 

8 in the State with the highest numbers of 

9 students counted under section 1124(c) of 

10 the Elementary and Secondary Education 

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

12 (ii) qualified local educational agencies 

13 in the State with the highest percentages of 

14 students counted under such section. 

15 (B) GEOGRAPHIC DIVERSITY.—The State 

16 shall ensure that grants under this section are 

17 awarded to qualified local educational agencies 

18 that represent the geographic diversity of the 

19 State. 

20 (3) STATEWIDE THRESHOLDS.—The State shall 

21 establish reasonable thresholds for determining wheth22 er a local educational agency is among agencies in 

23 the State with the highest numbers or percentages of 

24 students counted under section 1124(c) of the ElemenVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
23 

•HR 604 RH

1 tary and Secondary Education Act of 1965 (20 

2 U.S.C. 6333(c)) as required under paragraph (1)(A). 

3 (c) PRIORITY OF GRANTS FOR FISCAL YEAR 2023.— 

4 In awarding grants under this section for fiscal year 

5 2023— 

6 (1) the State shall first award grants to qualified 

7 local educational agencies that meet the requirements 

8 of subsection (d)(1) that will use the grant to improve 

9 the facilities of schools described in subsection 

10 (d)(1)(B) to support indoor and outdoor social 

11 distancing, personal hygiene, and building hygiene 

12 (including with respect to heating, ventilation, and 

13 air conditioning usage) in school facilities, consistent 

14 with guidance issued by the Centers for Disease Con15 trol and Prevention; and 

16 (2) from any funds remaining after making 

17 grants to qualified local educational agencies that 

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

19 may award grants to other qualified local agencies in 

20 accordance with the priorities established under sub21 section (d). 

22 (d) PRIORITY OF GRANTS FOR OTHER FISCAL

23 YEARS.—Except as provided in subsection (c), in awarding 

24 grants under this section, the State shall give priority to 

25 qualified local educational agencies that— 


kjohnson on DSK79L0C42PROD with BILLS
24 

•HR 604 RH

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

2 grant, as determined by a comparison of the factors 

3 described in subsection (b)(1) and other indicators of 

4 need in the public school facilities of such local edu5 cational agencies, including— 

6 (i) the median age of facilities; 

7 (ii) the extent to which student enrollment 

8 exceeds physical and instructional capacity; 

9 (iii) the condition of major building systems 

10 such as heating, ventilation, air conditioning, 

11 electrical, water, and sewer systems; 

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

13 doors; and 

14 (v) other critical health and safety condi15 tions; 

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

17 of— 

18 (i) elementary schools or middle schools that 

19 have an enrollment of students who are eligible 

20 for a free or reduced price lunch under the Rich21 ard B. Russell National School Lunch Act (42 

22 U.S.C. 1751 et seq.) that constitutes not less than 

23 40 percent of the total student enrollment at such 

24 schools; or 


kjohnson on DSK79L0C42PROD with BILLS
25 

•HR 604 RH

1 (ii) high schools that have an enrollment of 

2 students who are eligible for a free or reduced 

3 price lunch under such Act that constitutes not 

4 less than 30 percent of the total student enroll5 ment at such schools (which may be calculated 

6 using comparable data from the schools that feed 

7 into the high school); and 

8 (C) operate public school facilities that pose a se9 vere health and safety threat to students and staff, 

10 which may include consideration of threats posed by 

11 the proximity of the facilities to toxic sites or 

12 brownfield sites or the vulnerability of the facilities to 

13 natural disasters; or 

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

15 high-speed broadband sufficient to support digital 

16 learning in accordance with section 301(b); 

17 (B) serve elementary schools or secondary 

18 schools, including rural schools, that lack such access; 

19 and 

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

21 forth in subparagraphs (A) through (C) of paragraph 

22 (1). 

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

24 this section, a qualified local educational agency shall sub25 mit an application to the State at such time, in such manVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
26 

•HR 604 RH

1 ner, and containing such information as the State may re2 quire. Such application shall include, at minimum— 

3 (1) the information necessary for the State to 

4 make the determinations under subsections (b) 

5 through (d); 

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

7 plans to carry out with the grant; 

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

9 (A) improve conditions for the health and 

10 safety of staff and students at schools served by 

11 the agency; and 

12 (B) improve learning and reduce inequity 

13 for such students; 

14 (4) an explanation of how such projects will im15 prove school facilities’ performance with respect to en16 ergy and water efficiency, resilience, and climate 

17 mitigation; 

18 (5) in the case of a local educational agency that 

19 proposes to fund a repair, renovation, or construction 

20 project for a public charter school, the extent to 

21 which— 

22 (A) the public charter school lacks access to 

23 funding for school repair, renovation, and con24 struction through the financing methods availVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
27 

•HR 604 RH

1 able to other public schools or local educational 

2 agencies in the State; and 

3 (B) the charter school operator owns or has 

4 care and control of the facility that is to be re5 paired, renovated, or constructed; and 

6 (6) an explanation of how the local educational 

7 agency plans to increase the number of contracts such 

8 agency has with certified small businesses, minority9 owned businesses, veteran-owned businesses, or 

10 women-owned businesses as of the date of submission 

11 of the application by awarding such contracts under 

12 projects supported by the grant. 

13 (f) FACILITIES MASTER PLAN.— 

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

15 after receiving a grant under this section, a qualified 

16 local educational agency shall submit to the State a 

17 comprehensive 10-year facilities master plan. 

18 (2) ELEMENTS.—The facilities master plan re19 quired under paragraph (1) shall include, with re20 spect to all public school facilities of the qualified 

21 local educational agency, a description of— 

22 (A) the extent to which public school facili23 ties meet students’ educational needs and sup24 port the agency’s educational mission and vi25 sion; 


kjohnson on DSK79L0C42PROD with BILLS
28 

•HR 604 RH

1 (B) the physical condition of the public 

2 school facilities; 

3 (C) the current health, safety, and environ4 mental conditions of the public school facilities, 

5 including— 

6 (i) indoor air quality; 

7 (ii) the presence of toxic substances; 

8 (iii) the safety of drinking water at the 

9 tap and water used for meal preparation, 

10 including the level of lead and other con11 taminants in such water; 

12 (iv) energy and water efficiency, resil13 ience, and climate mitigation; 

14 (v) excessive classroom noise; and 

15 (vi) other health, safety, and environ16 mental conditions that would impact the 

17 health, safety, and learning ability of stu18 dents; 

19 (D) how the local educational agency will 

20 address any conditions identified under subpara21 graph (C); 

22 (E) the impact of current and future stu23 dent enrollment levels (as of the date of applica24 tion) on the design of current and future public 


kjohnson on DSK79L0C42PROD with BILLS
29 

•HR 604 RH

1 school facilities, as well as the financial implica2 tions of such enrollment levels; 

3 (F) the dollar amount and percentage of 

4 funds the local educational agency will dedicate 

5 to capital construction projects for public school 

6 facilities, including— 

7 (i) any funds in the budget of the agen8 cy that will be dedicated to such projects; 

9 and 

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

11 agency that will be dedicated to such 

12 projects, including any funds available to 

13 the agency as the result of a bond issue; and 

14 (G) the dollar amount and percentage of 

15 funds the local educational agency will dedicate 

16 to the maintenance and operation of public 

17 school facilities, including— 

18 (i) any funds in the budget of the agen19 cy that will be dedicated to the maintenance 

20 and operation of such facilities; and 

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

22 agency that will be dedicated to the mainte23 nance and operation of such facilities. 

24 (3) CONSULTATION.—In developing the facilities 

25 master plan required under paragraph (1)— 


kjohnson on DSK79L0C42PROD with BILLS
30 

•HR 604 RH

1 (A) a qualified local educational agency 

2 shall consult with teachers, principals and other 

3 school leaders, custodial and maintenance staff, 

4 emergency first responders, school facilities direc5 tors, students and families, community residents, 

6 and Indian Tribes; and 

7 (B) in addition to the consultation required 

8 under subparagraph (A), a Bureau-funded school 

9 shall consult with the Bureau of Indian Edu10 cation. 

11 SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. 

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

13 each fiscal year beginning after the date of the enactment 

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

15 congressional committees a report on the projects carried 

16 out with funds made available under this title. 

17 (b) ELEMENTS.—The report under subsection (a) shall 

18 include, with respect to the fiscal year preceding the year 

19 in which the report is submitted, the following: 

20 (1) An identification of each local educational 

21 agency that received a grant under this title. 

22 (2) With respect to each such agency, a descrip23 tion of— 


kjohnson on DSK79L0C42PROD with BILLS
31 

•HR 604 RH

1 (A) the demographic composition of the stu2 dent population served by the agency, 

3 disaggregated by— 

4 (i) race; 

5 (ii) the number and percentage of stu6 dents counted under section 1124(c) of the 

7 Elementary and Secondary Education Act 

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

9 (iii) the number and percentage of stu10 dents who are eligible for a free or reduced 

11 price lunch under the Richard B. Russell 

12 National School Lunch Act (42 U.S.C. 1751 

13 et seq.); 

14 (B) the population density of the geographic 

15 area served by the agency; 

16 (C) the projects for which the agency used 

17 the grant received under this title, described 

18 using measurements of school facility quality 

19 from the most recent available version of the 

20 Common Education Data Standards published 

21 by the National Center for Education Statistics; 

22 (D) the demonstrable or expected benefits of 

23 the projects, including any improvements— 

24 (i) to conditions for health, safety, and 

25 learning; and 


kjohnson on DSK79L0C42PROD with BILLS
32 

•HR 604 RH

1 (ii) to school facilities with respect to 

2 energy and water efficiency, resilience, re3 duced carbon emissions, and climate miti4 gation; 

5 (E) the square footage of the improvements 

6 made with covered funds; 

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

8 (i) in total; and 

9 (ii) disaggregated by the costs of plan10 ning, design, construction, site purchase, 

11 and improvements; 

12 (G) the estimated number of jobs created by 

13 the projects; 

14 (H) of the total number of contracts award15 ed under the project, the percentage of such con16 tracts that were awarded to certified small busi17 nesses, minority-owned businesses, veteran-owned 

18 businesses, and women-owned businesses; and 

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

20 awarded under the project to certified small busi21 nesses, minority-owned businesses, veteran-owned 

22 businesses, and women-owned businesses, respec23 tively; and 


kjohnson on DSK79L0C42PROD with BILLS
33 

•HR 604 RH

1 (ii) the total dollar value of contracts 

2 awarded under the project to all such businesses 

3 combined. 

4 (3) The total dollar amount of all grants received 

5 by local educational agencies under this title. 

6 (c) LEA INFORMATION COLLECTION.—A local edu7 cational agency that receives a grant under this title shall— 

8 (1) annually compile the information described 

9 in subsection (b)(2); 

10 (2) make the information available to the public, 

11 including by posting the information on a publicly 

12 accessible agency website; and 

13 (3) submit the information to the State. 

14 (d) STATE INFORMATION DISTRIBUTION.—A State 

15 that receives information from a local educational agency 

16 under subsection (c) shall— 

17 (1) compile the information and report it annu18 ally to the Secretary at such time and in such man19 ner as the Secretary may require; 

20 (2) make the information available to the public, 

21 including by posting the information on a publicly 

22 accessible State website; and 

23 (3) regularly distribute the information to local 

24 educational agencies and Tribal governments in the 

25 State. 


kjohnson on DSK79L0C42PROD with BILLS
34 

•HR 604 RH

1 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated 

3 $20,000,000,000 for each of fiscal years 2023 through 2027 

4 to carry out this title. Amounts so appropriated are author5 ized to remain available through fiscal year 2032. 

6 TITLE II—SCHOOL 

7 INFRASTRUCTURE BONDS 

8 SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX CRED9 IT BONDS. 

10 (a) ALLOWANCE OF CREDIT.— 

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

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

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

14 (2) CREDIT LIMITED TO CERTAIN BONDS.— 

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

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

17 amended by striking ‘‘means—’’ and all that fol18 lows through ‘‘which is part’’ and inserting 

19 ‘‘means a qualified zone academy bond which is 

20 part’’. 

21 (B) CONFORMING AMENDMENT.—Section 

22 54A(c)(2)(C) of such Code, as revived by para23 graph (1), is amended by striking ‘‘means—’’ 

24 and all that follows and inserting ‘‘a purpose 

25 specified in section 54E(a)(1)’’. 

26 (3) CONFORMING AMENDMENTS.— 


kjohnson on DSK79L0C42PROD with BILLS
35 

•HR 604 RH

1 (A) The Internal Revenue Code of 1986 is 

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

4 ‘‘Subpart I—Qualified Tax Credit Bonds 

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

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

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

7 and I’’. 

8 (C) The table of subparts for part IV of sub9 chapter A of chapter 1 of such Code is amended 

10 by adding at the end the following: 

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

11 (b) CREDIT ALLOWED TO ISSUER.— 

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

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

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

15 (2) CONFORMING AMENDMENT.—Section 

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

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

18 (c) QUALIFIED ZONE ACADEMY BONDS.— 

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

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

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

22 (2) EXTENSION OF LIMITATION.—Section 

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


kjohnson on DSK79L0C42PROD with BILLS
36 

•HR 604 RH

1 (A) by striking ‘‘and $400,000,000’’ and in2 serting ‘‘$400,000,000’’, and 

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

4 and all that follows through the period at the end 

5 and inserting ‘‘, and $1,400,000,000 for 2022 

6 and each calendar year thereafter.’’. 

7 (3) REMOVAL OF PRIVATE BUSINESS CONTRIBU8 TION REQUIREMENT.—Section 54E of the Internal 

9 Revenue Code of 1986, as revived by paragraph (1) 

10 and amended by paragraph (2), is amended— 

11 (A) in subsection (a)(3), by inserting ‘‘and’’ 

12 at the end of subparagraph (A), by striking sub13 paragraph (B), and by redesignating subpara14 graph (C) as subparagraph (B), 

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

16 (C) by redesignating subsections (c) and (d) 

17 as subsections (b) and (c), respectively. 

18 (4) CONSTRUCTION OF A PUBLIC SCHOOL FACIL19 ITY.—Section 54E(c)(3)(A) of the Internal Revenue 

20 Code of 1986, as revived by paragraph (1) and redes21 ignated in paragraph (3)(C), is amended by striking 

22 ‘‘rehabilitating or repairing’’ and inserting ‘‘con23 structing, rehabilitating, retrofitting, or repairing’’. 

24 (d) CONFORMING AMENDMENT RELATED TO APPLICA25 TION OF CERTAIN LABOR STANDARDS.— 


kjohnson on DSK79L0C42PROD with BILLS
37 

•HR 604 RH

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

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

3 projects financed with the proceeds of any qualified 

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

5 Internal Revenue Code of 1986) issued after the date 

6 of the enactment of the American Recovery and Rein7 vestment Tax Act of 2009. 

8 (2) CONFORMING AMENDMENT.—Section 1601 of 

9 the American Recovery and Reinvestment Tax Act of 

10 2009 is amended by striking paragraph (3) and re11 designating paragraphs (4) and (5) as paragraphs 

12 (3) and (4), respectively. 

13 (e) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to obligations issued after December 31, 

15 2022. 

16 SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 

17 (a) IN GENERAL.—The Internal Revenue Code of 1986 

18 is amended by inserting after subpart I (as revived by sec19 tion 201) of part IV of subchapter A of chapter 1 the fol20 lowing new subpart: 

21 ‘‘Subpart J—School Infrastructure Bonds 

‘‘Sec. 54BB. School infrastructure bonds. 

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

23 ‘‘(a) IN GENERAL.—If a taxpayer holds a school infra24 structure bond on one or more interest payment dates of 


kjohnson on DSK79L0C42PROD with BILLS
38 

•HR 604 RH

1 the bond during any taxable year, there shall be allowed 

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

3 taxable year an amount equal to the sum of the credits de4 termined under subsection (b) with respect to such dates. 

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

6 determined under this subsection with respect to any inter7 est payment date for a school infrastructure bond is 100 

8 percent of the amount of interest payable by the issuer with 

9 respect to such date. 

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

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

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

13 the excess of— 

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

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

16 the tax imposed by section 55, over 

17 ‘‘(B) the sum of the credits allowable under 

18 this part (other than subpart C and this sub19 part). 

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

21 credit allowable under subsection (a) exceeds the limi22 tation imposed by paragraph (1) for such taxable 

23 year, such excess shall be carried to the succeeding 

24 taxable year and added to the credit allowable under 

25 subsection (a) for such taxable year (determined beVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
39 

•HR 604 RH

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 section, 

5 the term ‘school infrastructure bond’ means any bond 

6 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 pur9 poses described in section 301 of the Reopen and 

10 Rebuild America’s Schools Act of 2021, 

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

12 (but for this section) be excludable from gross in13 come 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 school 

21 infrastructure bond shall not be treated as feder22 ally guaranteed by reason of the credit allowed 

23 under section 6431(a), 

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

25 on a school infrastructure bond shall be deterVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
40 

•HR 604 RH

1 mined without regard to the credit allowed under 

2 subsection (a), and 

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

4 infrastructure bond if the issue price has more 

5 than a de minimis amount (determined under 

6 rules similar to the rules of section 1273(a)(3)) 

7 of premium over the stated principal amount of 

8 the bond. 

9 ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 

10 ‘‘(A) IN GENERAL.—An issue shall be treat11 ed as meeting the requirements of this paragraph 

12 if, as of the date of issuance, the issuer reason13 ably expects 100 percent of the available project 

14 proceeds to be spent for purposes described in 

15 section 301 of the Reopen and Rebuild America’s 

16 Schools Act of 2021 within the 6-year period be17 ginning on such date of issuance. 

18 ‘‘(B) FAILURE TO SPEND REQUIRED

19 AMOUNT OF BOND PROCEEDS WITHIN 6 YEARS.— 

20 To the extent that less than 100 percent of the 

21 available project proceeds of the issue are ex22 pended at the close of the period described in 

23 subparagraph (A) with respect to such issue, the 

24 issuer shall redeem all of the nonqualified bonds 

25 within 90 days after the end of such period. For 


kjohnson on DSK79L0C42PROD with BILLS
41 

•HR 604 RH

1 purposes of this paragraph, the amount of the 

2 nonqualified bonds required to be redeemed shall 

3 be determined in the same manner as under sec4 tion 142. 

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

7 issued during any calendar year which may be designated 

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

9 the limitation amount allocated under subsection (g) for 

10 such calendar year to such issuer. 

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

12 DESIGNATED.—The national qualified school infrastructure 

13 bond limitation for each calendar year is— 

14 ‘‘(1) $10,000,000,000 for 2022, 

15 ‘‘(2) $10,000,000,000 for 2023, and 

16 ‘‘(3) $10,000,000,000 for 2024. 

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 respective 

24 amounts received by all local educational agen25 cies in each State under part A of title I of the 


kjohnson on DSK79L0C42PROD with BILLS
42 

•HR 604 RH

1 Elementary and Secondary Education Act of 

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

3 fiscal year relative to the total such amount re4 ceived by all local educational agencies for the 

5 most recent fiscal year ending before such cal6 endar year. 

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

8 percent of the amount of the limitation applica9 ble under subsection (f) for a calendar year shall 

10 be allocated by the Secretary to possessions of the 

11 United States other than Puerto Rico for such 

12 calendar year. 

13 ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limitation 

14 amount allocated to a State or possession under para15 graph (1) shall be allocated by the State educational 

16 agency (or such other agency as is authorized under 

17 State law to make such allocation) to issuers within 

18 such State or possession in accordance with the prior19 ities described in subsections (c) and (d) of section 

20 103 of the Reopen and Rebuild America’s Schools Act 

21 of 2021 and the eligibility requirements described in 

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

23 (1)(C) of such section shall not apply to the deter24 mination of eligibility for such allocation. 

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


kjohnson on DSK79L0C42PROD with BILLS
43 

•HR 604 RH

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

2 the amount of the limitation applicable under 

3 subsection (f) for any calendar year shall be allo4 cated by the Secretary to the Secretary of the In5 terior for schools funded by the Bureau of Indian 

6 Affairs for such calendar year. 

7 ‘‘(B) ALLOCATION TO SCHOOLS.—The limi8 tation amount allocated to the Secretary of the 

9 Interior under paragraph (1) shall be allocated 

10 by such Secretary to issuers or schools funded as 

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

12 amounts allocated under the preceding sentence, 

13 Indian tribal governments shall be treated as 

14 qualified issuers for purposes of this subchapter. 

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

16 the limitation amount allocated under paragraph (1) 

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

18 within such State (in the case of an amount allocated 

19 under paragraph (1)) or by the Secretary of the Inte20 rior to issuers or schools funded by the Bureau of In21 dian Affairs (in the case of an amount allocated 

22 under paragraph (3)(A)) to carry out activities to 

23 improve digital learning in accordance with section 

24 301(b) of the Reopen and Rebuild America’s Schools 

25 Act of 2021. 


kjohnson on DSK79L0C42PROD with BILLS
44 

•HR 604 RH

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

2 section, the term ‘interest payment date’ means any date 

3 on which the holder of record of the school infrastructure 

4 bond is entitled to a payment of interest under such bond. 

5 ‘‘(i) SPECIAL RULES.— 

6 ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE

7 BONDS INCLUDIBLE IN GROSS INCOME FOR FEDERAL

8 INCOME TAX PURPOSES.—For purposes of this title, 

9 interest on any school infrastructure bond shall be in10 cludible in gross income. 

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

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

13 of section 54A shall apply for purposes of the credit 

14 allowed under subsection (a).’’. 

15 (b) CREDIT ALLOWED TO ISSUER.—Section 

16 6431(f)(3)(A) of such Code, as revived by section 201(b)(1), 

17 is amended by striking ‘‘means any qualified tax credit 

18 bond’’ and all that follows through the end of subparagraph 

19 (A) and inserting ‘‘means any bond if— 

20 ‘‘(A) such bond is— 

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

22 is a qualified zone academy bond (as de23 fined in section 54E) determined without 

24 regard to any allocation relating to the na25 tional zone academy bond limitation for 


kjohnson on DSK79L0C42PROD with BILLS
45 

•HR 604 RH

1 years after 2010 or any carryforward of 

2 any such allocation, or 

3 ‘‘(ii) any school infrastructure bond 

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

5 (c) APPLICATION OF CERTAIN LABOR STANDARDS.— 

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

7 Code, shall apply to projects financed with the proceeds of 

8 any qualified zone academy bond (as defined in section 54E 

9 of the Internal Revenue Code of 1986) issued after the date 

10 of the enactment of this Act. 

11 (d) CONFORMING AMENDMENTS.— 

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

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

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

15 J’’. 

16 (2) The table of subparts for part IV of sub17 chapter A of chapter 1 of such Code, as amended by 

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

19 following: 

‘‘SUBPART J—SCHOOL INFRASTRUCTURE BONDS’’. 

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

21 section shall apply to obligations issued after December 31, 

22 2022. 

23 SEC. 203. ANNUAL REPORT ON BOND PROGRAM. 

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

25 each fiscal year beginning after the date of the enactment 


kjohnson on DSK79L0C42PROD with BILLS
46 

•HR 604 RH

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

2 the appropriate congressional committees a report on the 

3 amendments made by sections 201 and 202. 

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

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

6 in which the report is submitted, the following: 

7 (1) An identification of— 

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

9 that received an allocation under section 

10 54E(b)(2) or 54BB(g) of the Internal Revenue 

11 Code of 1986, and 

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

13 that was eligible to receive such funds but did 

14 not receive such funds. 

15 (2) With respect to each local educational agency 

16 described in paragraph (1)— 

17 (A) an assessment of the capacity of the 

18 agency to raise funds for the long-term improve19 ment of public school facilities, as determined by 

20 an assessment of— 

21 (i) the current and historic ability of 

22 the agency to raise funds for construction, 

23 renovation, modernization, and major re24 pair projects for schools, including the abilVerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604

kjohnson on DSK79L0C42PROD with BILLS
47 

•HR 604 RH

1 ity of the agency to raise funds through im2 position of property taxes, 

3 (ii) whether the agency has been able to 

4 issue bonds to fund construction projects, 

5 including— 

6 (I) qualified zone academy bonds 

7 under section 54E of the Internal Rev8 enue Code of 1986, and 

9 (II) school infrastructure bonds 

10 under section 54BB of the Internal 

11 Revenue Code of 1986, and 

12 (iii) the bond rating of the agency, 

13 (B) the demographic composition of the stu14 dent population served by the agency, 

15 disaggregated by— 

16 (i) race, 

17 (ii) the number and percentage of stu18 dents counted under section 1124(c) of the 

19 Elementary and Secondary Education Act 

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

21 (iii) the number and percentage of stu22 dents who are eligible for a free or reduced 

23 price lunch under the Richard B. Russell 

24 National School Lunch Act (42 U.S.C. 1751 

25 et seq.), 


kjohnson on DSK79L0C42PROD with BILLS
48 

•HR 604 RH

1 (C) the population density of the geographic 

2 area served by the agency, 

3 (D) a description of the projects carried out 

4 with funds received from school infrastructure 

5 bonds, 

6 (E) a description of the demonstrable or ex7 pected benefits of the projects, and 

8 (F) the estimated number of jobs created by 

9 the projects. 

10 (3) The total dollar amount of all funds received 

11 by local educational agencies from school infrastruc12 ture bonds. 

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

14 Treasury determines to be appropriate. 

15 (c) INFORMATION COLLECTION.—A State or local edu16 cational agency that receives an allocation under section 

17 54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986 

18 shall— 

19 (1) annually compile the information necessary 

20 for the Secretary of the Treasury to determine the ele21 ments described in subsection (b), and 

22 (2) report the information to the Secretary of the 

23 Treasury at such time and in such manner as the 

24 Secretary of the Treasury may require. 


kjohnson on DSK79L0C42PROD with BILLS
49 

•HR 604 RH

1 (d) SECRETARY OF THE TREASURY.—For purposes of 

2 this section, the term ‘‘Secretary of the Treasury’’ includes 

3 the Secretary’s delegate. 

4 TITLE III—USES OF FUNDS 

5 SEC. 301. ALLOWABLE USES OF FUNDS. 

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

7 a local educational agency that receives covered funds may 

8 use such funds to— 

9 (1) develop, maintain, and update (as necessary) 

10 the facilities master plan required under section 

11 103(f); 

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

13 public school facilities, which may include seismic 

14 retrofitting for schools vulnerable to seismic natural 

15 disasters; 

16 (3) decarbonize public school facilities through 

17 the adoption of all-electric space and water heating 

18 systems and cooking equipment, including other effi19 ciency improvements and on-site renewable energy in20 stallation; 

21 (4) carry out major repairs of public school fa22 cilities, including deferred maintenance projects; 

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

24 10-year life in public school facilities; 

25 (6) construct new public school facilities; 


kjohnson on DSK79L0C42PROD with BILLS
50 

•HR 604 RH

1 (7) acquire and prepare sites on which new pub2 lic school facilities will be constructed; 

3 (8) extend the life of basic systems and compo4 nents of public school facilities; 

5 (9) ensure current or anticipated enrollment does 

6 not exceed the physical and instructional capacity of 

7 public school facilities; 

8 (10) ensure the building envelopes and interiors 

9 of public school facilities protect occupants from nat10 ural elements and human threats, and are struc11 turally sound and secure; 

12 (11) compose building design plans that 

13 strengthen the safety and security on school premises 

14 by utilizing design elements, principles, and tech15 nology that— 

16 (A) guarantee layers of security throughout 

17 the school premises; and 

18 (B) uphold the aesthetics of the school prem19 ises as a learning and teaching environment; 

20 (12) improve energy and water efficiency to 

21 lower the costs of energy and water consumption in 

22 public school facilities; 

23 (13) improve indoor air quality in public school 

24 facilities; 

25 (14) reduce or eliminate the presence of— 


kjohnson on DSK79L0C42PROD with BILLS
51 

•HR 604 RH

1 (A) toxic substances, including mercury, 

2 radon, PCBs, lead, per- and polyfluoroalkyl sub3 stances, and asbestos; 

4 (B) mold and mildew; or 

5 (C) rodents and pests; 

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

7 tap and water used for meal preparation in public 

8 school facilities, which may include testing of the po9 tability of water at the tap for the presence of lead 

10 and other contaminants, including per- and 

11 polyfluoroalkyl substances; 

12 (16) bring public school facilities into compli13 ance with applicable fire, health, and safety codes; 

14 (17) make public school facilities accessible to 

15 people with disabilities through compliance with the 

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

17 12101 et seq.) and section 504 of the Rehabilitation 

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

19 (18) provide instructional program space im20 provements for programs relating to early learning 

21 (including early learning programs operated by part22 ners of the agency), special education, science, tech23 nology, career and technical education, physical edu24 cation, music, the arts, and literacy (including li25 brary programs); 


kjohnson on DSK79L0C42PROD with BILLS
52 

•HR 604 RH

1 (19) improving the public school facilities of 

2 magnet schools, or other instructional programs, de3 signed to increase student diversity and decrease ra4 cial or socioeconomic isolation; 

5 (20) increase the use of public school facilities for 

6 the purpose of community-based partnerships that 

7 provide students with academic, health, and social 

8 services; 

9 (21) ensure the health of students and staff dur10 ing the construction or modernization of public school 

11 facilities; or 

12 (22) reduce or eliminate excessive classroom 

13 noise due to activities allowable under this section. 

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

15 educational agency may use covered funds to leverage exist16 ing public programs or public-private partnerships to ex17 pand access to high-speed broadband sufficient for digital 

18 learning. 

19 SEC. 302. PROHIBITED USES. 

20 (a) IN GENERAL.—A local educational agency that re21 ceives covered funds may not use such funds for— 

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


kjohnson on DSK79L0C42PROD with BILLS
53 

•HR 604 RH

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

3 admission is charged to the general public; 

4 (3) vehicles; or 

5 (4) central offices, operation centers, or other fa6 cilities that are not primarily used to educate stu7 dents. 

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

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

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

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

13 if— 

14 (A) the school leases the facilities from an 

15 individual or for-profit entity; and 

16 (B) such individual, or an individual with 

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

19 such school. 

20 SEC. 303. REQUIREMENTS FOR HAZARD-RESISTANCE AND 

21 ENERGY AND WATER CONSERVATION. 

22 A local educational agency that receives covered funds 

23 shall ensure that any new construction, modernization, or 

24 renovation project carried out with such funds meets or ex25 ceeds the requirements of the following: 


kjohnson on DSK79L0C42PROD with BILLS
54 

•HR 604 RH

1 (1) Requirements for such projects set forth in 

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

4 (2) Requirements for such projects set forth in 

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

7 code. 

8 (3) Performance criteria under the WaterSense 

9 program, established under section 324B of the of the 

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

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

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

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

17 SEC. 304. GREEN PRACTICES. 

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

19 uses covered funds for a new construction project shall en20 sure that such project for new construction is certified, 

21 verified, or consistent with the applicable provisions of— 

22 (1) the United States Green Building Council 

23 Leadership in Energy and Environmental Design 

24 green building rating standard (commonly known as 

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


kjohnson on DSK79L0C42PROD with BILLS
55 

•HR 604 RH

1 (2) the Living Building Challenge developed by 

2 the International Living Future Institute; 

3 (3) a green building rating program developed 

4 by the Collaborative for High-Performance Schools 

5 (commonly known as ‘‘CHPS’’) that is CHPS6 verified; 

7 (4) the Green Building Initiative Green Globes 

8 rating system; or 

9 (5) a program that— 

10 (A) has standards that are equivalent to or 

11 more stringent than the standards of a program 

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

13 (B) is adopted by the State or another juris14 diction with authority over the agency; and 

15 (C) includes a verifiable method to dem16 onstrate compliance with such program. 

17 SEC. 305. USE OF AMERICAN IRON, STEEL, AND MANUFAC18 TURED PRODUCTS. 

19 (a) IN GENERAL.—A local educational agency that re20 ceives covered funds shall ensure that any iron, steel, and 

21 manufactured products used in projects carried out with 

22 such funds are produced in the United States. 

23 (b) WAIVER AUTHORITY.— 


kjohnson on DSK79L0C42PROD with BILLS
56 

•HR 604 RH

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

2 requirement of subsection (a) if the Secretary deter3 mines that— 

4 (A) applying subsection (a) would be incon5 sistent with the public interest; 

6 (B) iron, steel, and manufactured products 

7 produced in the United States are not produced 

8 in a sufficient and reasonably available amount 

9 or are not of a satisfactory quality; or 

10 (C) using iron, steel, and manufactured 

11 products produced in the United States will in12 crease the cost of the overall project by more than 

13 25 percent. 

14 (2) PUBLICATION.—Before issuing a waiver 

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

16 the Federal Register a detailed written explanation of 

17 the waiver determination. 

18 (c) CONSISTENCY WITH INTERNATIONAL AGREE19 MENTS.—This section shall be applied in a manner con20 sistent with the obligations of the United States under inter21 national agreements. 

22 (d) DEFINITIONS.—In this section: 

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

24 term ‘‘produced in the United States’’ means the fol25 lowing: 


kjohnson on DSK79L0C42PROD with BILLS
57 

•HR 604 RH

1 (A) When used with respect to a manufac2 tured product, the product was manufactured in 

3 the United States and the cost of the components 

4 of such product that were mined, produced, or 

5 manufactured in the United States exceeds 60 

6 percent of the total cost of all components of the 

7 product. 

8 (B) When used with respect to iron or steel 

9 products, or an individual component of a man10 ufactured product, all manufacturing processes 

11 for such iron or steel products or components, 

12 from the initial melting stage through the appli13 cation of coatings, occurred in the United States, 

14 except that the term does not include— 

15 (i) steel or iron material or products 

16 manufactured abroad from semi-finished 

17 steel or iron from the United States; and 

18 (ii) steel or iron material or products 

19 manufactured in the United States from 

20 semi-finished steel or iron of foreign origin. 

21 (2) MANUFACTURED PRODUCT.—The term ‘‘man22 ufactured product’’ means any construction material 

23 or end product (as such terms are defined in part 

24 25.003 of the Federal Acquisition Regulation) that is 

25 not an iron or steel product, including— 


kjohnson on DSK79L0C42PROD with BILLS
58 

•HR 604 RH

1 (A) electrical components; and 

2 (B) nonferrous building materials, includ3 ing, aluminum and polyvinylchloride (PVC), 

4 glass, fiber optics, plastic, wood, masonry, rub5 ber, manufactured stone, any other nonferrous 

6 metals, and any unmanufactured construction 

7 material. 

8 TITLE IV—REPORTS AND OTHER 

9 MATTERS 

10 SEC. 401. COMPTROLLER GENERAL REPORT. 

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

12 date on which the majority of States receiving allocations 

13 under section 102 have made subgrants to local educational 

14 agencies under section 103, the Comptroller General of the 

15 United States shall submit to the appropriate congressional 

16 committees a report on the projects carried out with covered 

17 funds. 

18 (b) ELEMENTS.—The report under subsection (a) shall 

19 include an assessment of— 

20 (1) State activities, including— 

21 (A) criteria used by each State to determine 

22 high-need students and facilities for purposes of 

23 the projects carried out with covered funds; and 

24 (B) whether the State issued new regula25 tions to ensure the health and safety of students 


kjohnson on DSK79L0C42PROD with BILLS
59 

•HR 604 RH

1 and staff during construction or renovation 

2 projects or to ensure safe, healthy, and high-per3 forming school buildings; 

4 (2) the types of projects carried out with covered 

5 funds, including— 

6 (A) the square footage of the improvements 

7 made with covered funds; 

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

9 (C) the costs of the project disaggregated by 

10 the costs for planning, design, construction, site 

11 purchase, and improvements; 

12 (3) the geographic distribution of the projects; 

13 (4) an assessment of the impact of selected 

14 projects (as identified by the Secretary) on the health 

15 and safety of school staff and students; and 

16 (5) how the Secretary or States could make cov17 ered funds more accessible— 

18 (A) to schools with the highest numbers and 

19 percentages of students counted under section 

20 1124(c) of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 6333(c)); and 

22 (B) to schools with fiscal challenges in rais23 ing capital for school infrastructure projects. 


kjohnson on DSK79L0C42PROD with BILLS
60 

•HR 604 RH

1 (c) UPDATES.—The Comptroller General shall update 

2 and resubmit the report under this section to the appro3 priate congressional committees— 

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

5 the date of the submittal of the first report under this 

6 section; and 

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

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

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

10 PUBLIC SCHOOLS. 

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

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

13 enactment of this Act, the Secretary, acting through the Di14 rector of the Institute of Education Sciences, shall— 

15 (1) carry out a comprehensive study of the phys16 ical conditions of all public schools in each State and 

17 outlying area; and 

18 (2) submit a report to the appropriate congres19 sional committees that includes the results of the 

20 study. 

21 (b) ELEMENTS.—Each study and report under sub22 section (a) shall include— 

23 (1) an assessment of— 

24 (A) the effect of school facility conditions on 

25 student and staff health and safety; 


kjohnson on DSK79L0C42PROD with BILLS
61 

•HR 604 RH

1 (B) the effect of school facility conditions on 

2 student academic outcomes; 

3 (C) the condition of school facilities, set 

4 forth separately by geographic region; 

5 (D) the condition of school facilities for eco6 nomically disadvantaged students as well as stu7 dents from major racial and ethnic subgroups; 

8 (E) the accessibility of school facilities for 

9 students and staff with disabilities; 

10 (F) the prevalence of school facilities at 

11 which student enrollment exceeds the physical 

12 and instructional capacity of the facility and the 

13 effect of such excess enrollment on instructional 

14 quality and delivery of school wraparound serv15 ices; 

16 (G) the condition of school facilities affected 

17 by natural disasters; 

18 (H) the effect that projects carried out with 

19 covered funds have on the communities in which 

20 such projects are conducted, including the vital21 ity, jobs, population, and economy of such com22 munities; and 

23 (I) the ability of building envelopes and in24 teriors of public school facilities to protect occu25 pants from natural elements and human threats; 


kjohnson on DSK79L0C42PROD with BILLS
62 

•HR 604 RH

1 (2) an explanation of any differences observed 

2 with respect to the factors described in subparagraphs 

3 (A) through (I) of paragraph (1); and 

4 (3) a cost estimate for bringing school facilities 

5 to a state of good repair, as determined by the Sec6 retary. 

7 SEC. 403. OFFICE OF SCHOOL INFRASTRUCTURE AND SUS8 TAINABILITY. 

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

10 the date of enactment of this Act, the Secretary shall estab11 lish within the Department of Education an office to be 

12 known as the ‘‘Office of School Infrastructure and Sustain13 ability’’ (referred to in this section as the ‘‘Office’’). 

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

15 be an individual designated by the Secretary. 

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

17 (1) to advise the Secretary on State plans under 

18 section 102; 

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

20 and agencies of the Federal Government on matters 

21 relating to public school facilities, including the De22 partment of Energy, the Department of Health and 

23 Human Services, the Department of the Treasury, the 

24 Federal Emergency Management Agency, and the En25 vironmental Protection Agency; 


kjohnson on DSK79L0C42PROD with BILLS
63 

•HR 604 RH

1 (3) to ensure the Department of Education is 

2 prepared to meet the requirements of this Act in a 

3 timely manner; and 

4 (4) to manage such other programs or initiatives 

5 affecting public school facilities as the Secretary de6 termines appropriate. 

7 SEC. 404. DEVELOPMENT OF DATA STANDARDS. 

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

9 the date of the enactment of this Act, the Secretary, in con10 sultation with the officials described in subsection (b), 

11 shall— 

12 (1) identify the data that States should collect 

13 and include in the databases developed under section 

14 102(a)(2)(B); 

15 (2) develop standards for the measurement of 

16 such data; and 

17 (3) issue guidance to States concerning the col18 lection and measurement of such data. 

19 (b) OFFICIALS.—The officials described in this sub20 section are— 

21 (1) the Administrator of the Environmental Pro22 tection Agency; 

23 (2) the Secretary of Energy; 

24 (3) the Director of the Centers for Disease Con25 trol and Prevention; and 


kjohnson on DSK79L0C42PROD with BILLS
64 

•HR 604 RH

1 (4) the Director of the National Institute for Oc2 cupational Safety and Health. 

3 SEC. 405. INFORMATION CLEARINGHOUSE. 

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

5 date of the enactment of this Act, the Secretary shall estab6 lish a clearinghouse to disseminate information on Federal 

7 programs and financing mechanisms that may be used to 

8 assist schools in initiating, developing, and financing— 

9 (1) energy efficiency projects; 

10 (2) distributed generation projects; and 

11 (3) energy retrofitting projects. 

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

13 Secretary shall— 

14 (1) consult with the officials described in section 

15 404(b) to develop a list of Federal programs and fi16 nancing mechanisms to be included in the clearing17 house; and 

18 (2) coordinate with such officials to develop a 

19 collaborative education and outreach effort to stream20 line communications and promote the Federal pro21 grams and financing mechanisms included in the 

22 clearinghouse, which may include the development 

23 and maintenance of a single online resource that in24 cludes contact information for relevant technical as25 sistance that may be used by States, outlying areas, 


kjohnson on DSK79L0C42PROD with BILLS
65 

•HR 604 RH

1 local educational agencies, and Bureau-funded schools 

2 effectively access and use such Federal programs and 

3 financing mechanisms. 

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

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

6 (1) Opportunity Zones were championed by 

7 prominent leaders of both parties as an innovative 

8 way to tackle longstanding challenges. 

9 (2) As of December 2018, 8,763 low-income com10 munities had been designated as Opportunity Zones, 

11 representing all 50 States, the District of Columbia, 

12 Puerto Rico, the United States Virgin Islands, and 

13 American Samoa. 

14 (3) Schools are integral parts of communities, 

15 and a key part of communities’ economic and work16 force development efforts could be modernizing school 

17 facilities. 

18 (b) SENSE OF CONGRESS.—lt is the sense of the Con19 gress that opportunity zones, when combined with public 

20 infrastructure investment, can provide an innovative ap21 proach to capital financing that has the potential to un22 leash creativity and help local communities rebuild schools, 

23 rebuild economics, and get people back to work. 


kjohnson on DSK79L0C42PROD with BILLS
66 

•HR 604 RH

1 TITLE V—IMPACT AID 

2 CONSTRUCTION 

3 SEC. 501. TEMPORARY INCREASE IN FUNDING FOR IMPACT 

4 AID CONSTRUCTION. 

5 Section 7014(d) of the Elementary and Secondary 

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

7 read as follows: 

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

9 section 7007, there are authorized to be appropriated 

10 $100,000,000 for each of fiscal years 2023 through 2027.’’. 

11 TITLE VI—ASSISTANCE FOR RE12 PAIR OF SCHOOL FOUNDA13 TIONS AFFECTED BY 

14 PYRRHOTITE 

15 SEC. 601. ALLOCATIONS TO STATES. 

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

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

18 shall carry out a program under which the Secretary makes 

19 allocations to States to pay the Federal share of the costs 

20 of making grants to local educational agencies under section 

21 602. 

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

23 of enactment of this Act, the Secretary shall publish, on a 

24 publicly accessible website of the Department of Education, 


kjohnson on DSK79L0C42PROD with BILLS
67 

•HR 604 RH

1 instructions describing how a State may receive an alloca2 tion under this section. 

3 SEC. 602. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

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

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

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

7 local educational agencies— 

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

9 school foundations damaged by the presence of 

10 pyrrhotite; or 

11 (2) to reimburse such agencies for costs incurred 

12 by the agencies in making such repairs in the five13 year period preceding the date of enactment of this 

14 Act. 

15 (b) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.— 

16 (1) ELIGIBILITY FOR GRANTS FOR FUTURE RE17 PAIRS.—To be eligible to receive a grant under sub18 section (a)(1), a local educational agency shall— 

19 (A) with respect to each school for which the 

20 agency seeks to use grant funds, demonstrate to 

21 the State that— 

22 (i) the school is a pyrrhotite-affected 

23 school; and 

24 (ii) any laboratory tests, core tests, and 

25 visual inspections of the school’s foundation 


kjohnson on DSK79L0C42PROD with BILLS
68 

•HR 604 RH

1 used to determine that the school is a 

2 pyrrhotite-affected school were conducted— 

3 (I) by a professional engineer li4 censed in the State in which the school 

5 is located; and 

6 (II) in accordance with applicable 

7 State standards or standards approved 

8 by any independent, nonprofit, or pri9 vate entity authorized by the State to 

10 oversee construction, testing, or finan11 cial relief efforts for damaged building 

12 foundations; and 

13 (B) provide an assurance that— 

14 (i) the local educational agency will 

15 use the grant only for the allowable uses de16 scribed in subsection (f)(1); and 

17 (ii) all work funded with the grant will 

18 be conducted by a qualified contractor or 

19 architect licensed in the State. 

20 (2) ELIGIBILITY FOR REIMBURSEMENT

21 GRANTS.—To be eligible to receive a grant under sub22 section (a)(2), a local educational agency shall dem23 onstrate that it met the requirements of paragraph 

24 (1) at the time it carried out the project for which the 

25 agency seeks reimbursement. 


kjohnson on DSK79L0C42PROD with BILLS
69 

•HR 604 RH

1 (c) APPLICATION.— 

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

3 that seeks a grant under this section shall submit to 

4 the State an application at such time, in such man5 ner, and containing such information as the State 

6 may require, which upon approval by the State under 

7 subsection (d)(1)(A), the State shall submit to the Sec8 retary for approval under subsection (d)(1)(B). 

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

10 shall include— 

11 (A) information and documentation suffi12 cient to enable the State to determine if the local 

13 educational agency meets the eligibility criteria 

14 under subsection (b); 

15 (B) in the case of an agency seeking a grant 

16 under subsection (a)(1), an estimate of the costs 

17 of carrying out the activities described in sub18 section (f); 

19 (C) in the case of an agency seeking a grant 

20 under subsection (a)(2)— 

21 (i) an itemized explanation of— 

22 (I) the costs incurred by the agen23 cy in carrying out any activities de24 scribed subsection (f); 


kjohnson on DSK79L0C42PROD with BILLS
70 

•HR 604 RH

1 (II) any amounts contributed 

2 from other Federal, State, local, or pri3 vate sources for such activities; and 

4 (ii) the amount for which the local 

5 educational agency seeks reimbursement; 

6 and 

7 (D) the percentage of any costs described in 

8 subparagraph (B) or (C) that are covered by an 

9 insurance policy. 

10 (d) APPROVAL AND DISBURSEMENT.— 

11 (1) APPROVAL.— 

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

13 application of each local educational agency for 

14 submission to the Secretary that— 

15 (i) submits a complete and correct ap16 plication under subsection (c); and 

17 (ii) meets the criteria for eligibility 

18 under subsection (b). 

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

20 after receiving an application of a local edu21 cational agency submitted by a State under sub22 section (c)(1), the Secretary shall— 

23 (i) approve such application, in a case 

24 in which the Secretary determines that such 


kjohnson on DSK79L0C42PROD with BILLS
71 

•HR 604 RH

1 application meets the requirements of sub2 paragraph (A); or 

3 (ii) deny such application, in the case 

4 of an application that does not meet such 

5 requirements. 

6 (2) DISBURSEMENT.— 

7 (A) ALLOCATION.—The Secretary shall dis8 burse an allocation to a State not later than 60 

9 days after the date on which the Secretary ap10 proves an application under paragraph (1)(B). 

11 (B) GRANT.—The State shall disburse grant 

12 funds to a local educational agency not later 

13 than 60 days after the date on which the State 

14 receives an allocation under subparagraph (A). 

15 (e) FEDERAL AND STATE SHARE.— 

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

17 grant under this section shall be an amount that is 

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

19 project for which the grant is awarded. 

20 (2) STATE SHARE.— 

21 (A) IN GENERAL.—Subject to subparagraph 

22 (B), the State share of each grant under this sec23 tion shall be an amount that is not less than 40 

24 percent of the total cost of the project for which 


kjohnson on DSK79L0C42PROD with BILLS
72 

•HR 604 RH

1 the grant is awarded, which the State shall con2 tribute 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 meeting 

7 the requirement of subparagraph (A) if the State 

8 demonstrates that it contributed, from non-Fed9 eral sources, not less than 40 percent of the total 

10 cost of the project for which the reimbursement 

11 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 concrete 

18 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 of 

22 the school to the safety and health standards 

23 established by the professional licensed engi24 neer or architect associated with the project; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
73 

•HR 604 RH

1 (ii) to restore the school to the condi2 tion it was in before the school’s foundation 

3 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 asso17 ciated 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 not, 

24 for the same project, receive a grant under both— 

25 (1) this section; and 


kjohnson on DSK79L0C42PROD with BILLS
74 

•HR 604 RH

1 (2) title I. 

2 SEC. 603. DEFINITIONS. 

3 In this title: 

4 (1) PYRRHOTITE-AFFECTED SCHOOL.—The term 

5 ‘‘pyrrhotite-affected school’’ means an elementary 

6 school or a secondary school that meets the following 

7 criteria: 

8 (A) The school has a concrete foundation. 

9 (B) Pyrrhotite is present in the school’s con10 crete 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. 


kjohnson on DSK79L0C42PROD with BILLS
75 

•HR 604 RH

1 (2) QUALIFIED CONTRACTOR.—The term ‘‘quali2 fied contractor’’ means a contractor who is qualified 

3 under State law, or approved by any State agency or 

4 other State-sanctioned independent or nonprofit enti5 ty, to repair or replace residential or commercial 

6 building foundations that are deteriorating due to the 

7 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 2023 

11 and each fiscal year thereafter. 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 467 

117TH CONGRESS 

2D SESSION H. R. 604 

[Report No. 117–607, Part I] 

A BILL 

To provide for the long-term improvement of public 

school facilities, and for other purposes. 

DECEMBER 16, 2022 

Committee on Ways and Means discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


kjohnson on DSK79L0C42PROD with BILLS