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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2948 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2948

To provide assistance for the modernization, renovation, and repair of 
 elementary and secondary school buildings in public school districts, 
 as well as community colleges, across America in order to support the 
achievement of improved educational outcomes in those schools, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2011

   Ms. DeLauro (for herself, Ms. Norton, Mr. Cicilline, Ms. Bass of 
 California, Ms. Slaughter, Ms. Hirono, Ms. Schakowsky, Mr. Tonko, Mr. 
    Gutierrez, Ms. Clarke of New York, Mr. Jackson of Illinois, Mr. 
 Ellison, Mrs. Capps, Mr. Blumenauer, Mr. Tierney, Ms. Richardson, Mr. 
Nadler, Ms. Eshoo, and Mr. Cohen) introduced the following bill; which 
      was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To provide assistance for the modernization, renovation, and repair of 
 elementary and secondary school buildings in public school districts, 
 as well as community colleges, across America in order to support the 
achievement of improved educational outcomes in those schools, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fix America's Schools Today (FAST) 
Act of 2011''.

               TITLE I--ELEMENTARY AND SECONDARY SCHOOLS

SEC. 101. PURPOSE.

    The purpose of this title to provide assistance for the 
modernization, renovation, and repair of elementary and secondary 
school buildings in public school districts across America in order to 
support the achievement of improved educational outcomes in those 
schools.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated, and there are 
appropriated, $25,000,000,000 to carry out this title, which shall be 
available for obligation by the Secretary until September 30, 2012.

SEC. 103. ALLOCATION OF FUNDS.

    (a) Reservations.--Of the amount made available to carry out this 
title, the Secretary shall reserve--
            (1) one-half of one percent for the Secretary of the 
        Interior to carry out modernization, renovation, and repair 
        activities described in section 106 in schools operated or 
        funded by the Bureau of Indian Education;
            (2) one-half of one percent to make grants to the outlying 
        areas for modernization, renovation, and repair activities 
        described in section 106; and
            (3) such funds as the Secretary determines are needed to 
        conduct a survey, by the National Center for Education 
        Statistics, of the school construction, modernization, 
        renovation, and repair needs of the public schools of the 
        United States.
    (b) State Allocation.--After reserving funds under subsection (a), 
the Secretary shall allocate the remaining amount made available to 
carry out this title among the States in proportion to their respective 
allocations under part A of title I of the Elementary and Secondary 
Education Act of 1965 (in this title referred to as the ``ESEA'') (20 
U.S.C. 6311 et seq.) for fiscal year 2011, except that--
            (1) the Secretary shall allocate 40 percent of such 
        remaining amount to the 100 local educational agencies with the 
        largest numbers of children aged 5-17 living in poverty, as 
        determined using the most recent data available from the 
        Department of Commerce that are satisfactory to the Secretary, 
        in proportion to those agencies' respective allocations under 
        part A of title I of the ESEA for fiscal year 2011; and
            (2) the allocation to any State shall be reduced by the 
        aggregate amount of the allocations under paragraph (1) to 
        local educational agencies in that State.
    (c) Remaining Allocation.--
            (1) States.--If a State does not apply for its allocation 
        (or applies for less than the full allocation for which it is 
        eligible) or does not use that allocation in a timely manner, 
        the Secretary may--
                    (A) reallocate all or a portion of that allocation 
                to the other States in accordance with subsection (b); 
                or
                    (B) use all or a portion of that allocation to make 
                direct allocations to local educational agencies within 
                the State based on their respective allocations under 
                part A of title I of the ESEA for fiscal year 2011 or 
                such other method as the Secretary may determine.
            (2) Local educational agencies.--If a local educational 
        agency does not apply for its allocation under subsection 
        (b)(1), applies for less than the full allocation for which it 
        is eligible, or does not use that allocation in a timely 
        manner, the Secretary may reallocate all or a portion of its 
        allocation to the State in which that agency is located.

SEC. 104. STATE USE OF FUNDS.

    (a) Reservation.--Each State that receives a grant under this title 
may reserve not more than one percent of the State's allocation under 
section 103(b) for the purpose of administering the grant.
    (b) Funds to Local Educational Agencies.--
            (1) Formula subgrants.--From the grant funds that are not 
        reserved under subsection (a), a State shall allocate at least 
        50 percent to local educational agencies, including charter 
        schools that are local educational agencies, that did not 
        receive funds under section 103(b)(1) from the Secretary, in 
        accordance with their respective allocations under part A of 
        title I of the ESEA for fiscal year 2011, except that no such 
        local educational agency shall receive less than $10,000.
            (2) Additional subgrants.--The State shall use any funds 
        remaining, after reserving funds under subsection (a) and 
        allocating funds under paragraph (1), for subgrants to local 
        educational agencies that did not receive funds under section 
        103(b)(1), including charter schools that are local educational 
        agencies, to support modernization, renovation, and repair 
        projects that the State determines, using objective criteria, 
        are most needed in the State, with priority given to projects 
        in rural local educational agencies.
    (c) Remaining Funds.--If a local educational agency does not apply 
for an allocation under subsection (b)(1), applies for less than its 
full allocation, or fails to use that allocation in a timely manner, 
the State may reallocate any unused portion to other local educational 
agencies in accordance with subsection (b).

SEC. 105. STATE AND LOCAL APPLICATIONS.

    (a) State Application.--A State that desires to receive a grant 
under this title shall submit an application to the Secretary at such 
time, in such manner, and containing such information and assurances as 
the Secretary may require, which shall include--
            (1) an identification of the State agency or entity that 
        will administer the program;
            (2) the State's process for determining how the grant funds 
        will be distributed and administered, including--
                    (A) how the State will determine the criteria and 
                priorities in making subgrants under section 104(b)(2);
                    (B) any additional criteria the State will use in 
                determining which projects it will fund under that 
                section;
                    (C) a description of how the State will consider--
                            (i) the needs of local educational agencies 
                        for assistance under this title;
                            (ii) the impact of potential projects on 
                        job creation in the State;
                            (iii) the fiscal capacity of local 
                        educational agencies applying for assistance;
                            (iv) the percentage of children in those 
                        local educational agencies who are from low-
                        income families; and
                            (v) the potential for leveraging assistance 
                        provided by this program through matching or 
                        other financing mechanisms;
                    (D) a description of how the State will ensure that 
                the local educational agencies receiving subgrants meet 
                the requirements of this title;
                    (E) a description of how the State will ensure that 
                the State and its local educational agencies meet the 
                deadlines established in section 108;
                    (F) a description of how the State will give 
                priority to the use of green practices that are 
                certified, verified, or consistent with any applicable 
                provisions of--
                            (i) the LEED Green Building Rating System;
                            (ii) Energy Star;
                            (iii) the CHPS Criteria;
                            (iv) Green Globes; or
                            (v) an equivalent program adopted by the 
                        State or another jurisdiction with authority 
                        over the local educational agency;
                    (G) a description of the steps that the State will 
                take to ensure that local educational agencies 
                receiving subgrants will adequately maintain any 
                facilities that are modernized, renovated, or repaired 
                with subgrant funds under this title; and
                    (H) such additional information and assurances as 
                the Secretary may require.
    (b) Local Application.--A local educational agency that is eligible 
under section 103(b)(1) that desires to receive a grant under this 
title shall submit an application to the Secretary at such time, in 
such manner, and containing such information and assurances as the 
Secretary may require, which shall include--
            (1) a description of how the local educational agency will 
        meet the deadlines and requirements of this title;
            (2) a description of the steps that the local educational 
        agency will take to adequately maintain any facilities that are 
        modernized, renovated, or repaired with funds under this title; 
        and
            (3) such additional information and assurances as the 
        Secretary may require.

SEC. 106. USE OF FUNDS.

    (a) In General.--Funds awarded to local educational agencies under 
this title shall be used only for either or both of the following 
modernization, renovation, or repair activities in facilities that are 
used for elementary or secondary education or for early learning 
programs:
            (1) Direct payments for school modernization, renovation, 
        or repair.
            (2) To pay interest on bonds or payments for other 
        financing instruments that are newly issued for the purpose of 
        financing school modernization, renovation, or repair.
    (b) Supplement, Not Supplant.--Funds made available under this 
title shall be used to supplement, and not supplant, other Federal, 
State, and local funds that would otherwise be expended to modernize, 
renovate, or repair eligible school facilities.
    (c) Prohibition.--Funds awarded to local educational agencies under 
this title may not be used for--
            (1) new construction; or
            (2) payment of routine maintenance costs.

SEC. 107. ADDITIONAL PROVISIONS.

    (a) Period of Availability for Grants.--Funds appropriated under 
section 102 shall be available for obligation by local educational 
agencies receiving grants from the Secretary under section 103(b)(1), 
by States reserving funds under section 104(a), and by local 
educational agencies receiving subgrants under section 104(b)(1) only 
during the period that ends 24 months after the date of enactment of 
this Act.
    (b) Period of Availability for Subgrants.--Funds appropriated under 
section 102 shall be available for obligation by local educational 
agencies receiving subgrants under section 104(b)(2) only during the 
period that ends 36 months after the date of enactment of this Act.
    (c) General Education Provisions Act.--Section 439 of the General 
Education Provisions Act (20 U.S.C. 1232b) shall apply to funds 
available under this title.
    (d) Local Educational Agencies.--For purposes of section 103(b)(1), 
Hawaii, the District of Columbia, and the Commonwealth of Puerto Rico 
are not local educational agencies.

               TITLE II--COMMUNITY COLLEGE MODERNIZATION

SEC. 201. FEDERAL ASSISTANCE FOR COMMUNITY COLLEGE MODERNIZATION.

    (a) In General.--
            (1) Grant program.--From the amounts made available under 
        subsection (h), the Secretary shall award grants to States to 
        modernize, renovate, or repair existing facilities at community 
        colleges.
            (2) Allocation.--
                    (A) Reservations.--Of the amount made available to 
                carry out this section, the Secretary shall reserve--
                            (i) up to 0.25 percent for grants to 
                        institutions that are eligible under section 
                        316 of the Higher Education Act of 1965 (20 
                        U.S.C. 1059c) to provide for modernization, 
                        renovation, and repair activities described in 
                        this section; and
                            (ii) up to 0.25 percent for grants to the 
                        outlying areas to provide for modernization, 
                        renovation, and repair activities described in 
                        this section.
                    (B) Allocation.--After reserving funds under 
                subparagraph (A), the Secretary shall allocate to each 
                State that has an application approved by the Secretary 
                an amount that bears the same relation to any remaining 
                funds as the total number of students in such State who 
                are enrolled in institutions described in section 
                202(b)(1)(A) plus the number of students who are 
                estimated to be enrolled in and pursuing a degree or 
                certificate that is not a bachelor's, master's, 
                professional, or other advanced degree in institutions 
                described in section 202(b)(1)(B), based on the 
                proportion of degrees or certificates awarded by such 
                institutions that are not bachelor's, master's, 
                professional, or other advanced degrees, as reported to 
                the Integrated Postsecondary Data System bears to the 
                estimated total number of such students in all States, 
                except that no State shall receive less than 
                $2,500,000.
                    (C) Reallocation.--Amounts not allocated under this 
                section to a State because the State either did not 
                submit an application under subsection (b), the State 
                submitted an application that the Secretary determined 
                did not meet the requirements of such subsection, or 
                the State cannot demonstrate to the Secretary a 
                sufficient demand for projects to warrant the full 
                allocation of the funds, shall be proportionately 
                reallocated under this paragraph to the other States 
                that have a demonstrated need for, and are receiving, 
                allocations under this section.
                    (D) State administration.--A State that receives a 
                grant under this section may use not more than one 
                percent of that grant to administer it.
            (3) Supplement, not supplant.--Funds made available under 
        this section shall be used to supplement, and not supplant, 
        other Federal, State, and local funds that would otherwise be 
        expended to modernize, renovate, or repair existing community 
        college facilities.
    (b) Application.--A State that desires to receive a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information and assurances as the 
Secretary may require. Such application shall include a description 
of--
            (1) how the funds provided under this section will improve 
        instruction at community colleges, including how faculty and 
        staff will be consulted regarding uses of funds for projects 
        that will improve instruction, in the State and will improve 
        the ability of those colleges to educate and train students to 
        meet the workforce needs of employers in the State; and
            (2) the projected start of each project and the estimated 
        number of persons to be employed in the project.
    (c) Prohibited Uses of Funds.--
            (1) In general.--No funds awarded under this section may be 
        used for--
                    (A) payment of routine maintenance costs;
                    (B) construction, modernization, renovation, or 
                repair of stadiums or other facilities primarily used 
                for athletic contests or exhibitions or other events 
                for which admission is charged to the general public; 
                or
                    (C) construction, modernization, renovation, or 
                repair of facilities--
                            (i) used for sectarian instruction, 
                        religious worship, or a school or department of 
                        divinity; or
                            (ii) in which a substantial portion of the 
                        functions of the facilities are subsumed in a 
                        religious mission.
            (2) Four-year institutions.--No funds awarded to a four-
        year public institution of higher education under this section 
        may be used for any facility, service, or program of the 
        institution that is not available to students who are pursuing 
        a degree or certificate that is not a bachelor's, master's, 
        professional, or other advanced degree.
    (d) Green Projects.--In providing assistance to community college 
projects under this section, the State shall consider the extent to 
which a community college's project involves activities that are 
certified, verified, or consistent with the applicable provisions of--
            (1) the LEED Green Building Rating System;
            (2) Energy Star;
            (3) the CHPS Criteria, as applicable;
            (4) Green Globes; or
            (5) an equivalent program adopted by the State or the State 
        higher education agency that includes a verifiable method to 
        demonstrate compliance with such program.
    (e) Application of GEPA.--Section 439 of the General Education 
Provisions Act (20 U.S.C. 1232b) shall apply to funds available under 
this title.
    (f) Availability of Funds.--
            (1) There are authorized to be appropriated, and there are 
        appropriated, to carry out this section (in addition to any 
        other amounts appropriated to carry out this section and out of 
        any money in the Treasury not otherwise appropriated), 
        $5,000,000,000 for fiscal year 2012.
            (2) Funds appropriated under this subsection shall be 
        available for obligation by community colleges only during the 
        period that ends 36 months after the date of enactment of this 
        Act.

SEC. 202. DEFINITIONS.

    (a) ESEA Terms.--Except as otherwise provided, in this title, the 
terms ``local educational agency'', ``Secretary'', and ``State 
educational agency'' have the meanings given those terms in section 
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801).
    (b) Additional Definitions.--The following definitions apply to 
this title:
            (1) Community college.--The term ``community college'' 
        means--
                    (A) a junior or community college, as that term is 
                defined in section 312(f) of the Higher Education Act 
                of 1965 (20 U.S.C. 1058(f)); or
                    (B) an institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)) that awards a significant number of 
                degrees and certificates, as determined by the 
                Secretary, that are not--
                            (i) bachelor's degrees (or an equivalent); 
                        or
                            (ii) master's, professional, or other 
                        advanced degrees.
            (2) CHPS criteria.--The term ``CHPS Criteria'' means the 
        green building rating program developed by the Collaborative 
        for High Performance Schools.
            (3) Energy star.--The term ``Energy Star'' means the Energy 
        Star program of the United States Department of Energy and the 
        United States Environmental Protection Agency.
            (4) Green globes.--The term ``Green Globes'' means the 
        Green Building Initiative environmental design and rating 
        system referred to as Green Globes.
            (5) LEED green building rating system.--The term ``LEED 
        Green Building Rating System'' means the United States Green 
        Building Council Leadership in Energy and Environmental Design 
        green building rating standard referred to as the LEED Green 
        Building Rating System.
            (6) Modernization, renovation, and repair.--The term 
        ``modernization, renovation, and repair'' means--
                    (A) comprehensive assessments of facilities to 
                identify--
                            (i) facility conditions or deficiencies 
                        that could adversely affect student and staff 
                        health, safety, performance, or productivity or 
                        energy, water, or materials efficiency; and
                            (ii) needed facility improvements;
                    (B) repairing, replacing, or installing roofs 
                (which may be extensive, intensive, or semi-intensive 
                ``green'' roofs); electrical wiring; water supply and 
                plumbing systems, sewage systems, storm water runoff 
                systems, lighting systems (or components of such 
                systems); or building envelope, windows, ceilings, 
                flooring, or doors, including security doors;
                    (C) repairing, replacing, or installing heating, 
                ventilation, or air conditioning systems, or components 
                of those systems (including insulation), including by 
                conducting indoor air quality assessments;
                    (D) repairing, replacing, or installing an interior 
                or exterior system that would include paint or 
                coatings, wall covering, drywall or plater, ceiling, 
                baseboards and floor covering;
                    (E) compliance with fire, health, seismic, and 
                safety codes, including professional installation of 
                fire and life safety alarms, and modernizations, 
                renovations, and repairs that ensure that facilities 
                are prepared for such emergencies as acts of terrorism, 
                campus violence, and natural disasters, such as 
                improving building infrastructure to accommodate 
                security measures and installing or upgrading 
                technology to ensure that a school or incident is able 
                to respond to such emergencies;
                    (F) making modifications necessary to make 
                educational facilities accessible in compliance with 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.) and section 504 of the Rehabilitation 
                Act of 1973 (29 U.S.C. 794), except that such 
                modifications shall not be the primary use of a grant 
                or subgrant;
                    (G) abatement, removal, or interim controls of 
                asbestos, polychlorinated biphenyls, mold, mildew, or 
                lead-based hazards, including lead-based paint hazards;
                    (H) retrofitting necessary to increase energy 
                efficiency, including insulation or reducing heating 
                and cooling costs through thermal coating of school 
                facility roofs;
                    (I) measures, such as selection and substitution of 
                products and materials, and implementation of improved 
                maintenance and operational procedures, such as ``green 
                cleaning'' programs, to reduce or eliminate potential 
                student or staff exposure to--
                            (i) volatile organic compounds;
                            (ii) particles such as dust and pollens; or
                            (iii) combustion gases;
                    (J) modernization, renovation, or repair necessary 
                to reduce the consumption of coal, electricity, land, 
                oil, or water;
                    (K) installation or upgrading of educational 
                technology infrastructure;
                    (L) installation or upgrading of renewable energy 
                generation and heating systems, including solar, 
                photovoltaic, wind, biomass (including wood pellet and 
                woody biomass), waste-to-energy, solar-thermal, fuel 
                cell, and geothermal systems, and energy audits;
                    (M) modernization, renovation, or repair activities 
                related to energy efficiency and renewable energy, 
                including insulation of systems functioning as heating, 
                venting, or air conditioning, and improvements to 
                building infrastructures to accommodate bicycle and 
                pedestrian access;
                    (N) ground improvements, storm water management, 
                and environmental clean-up when necessary;
                    (O) other modernization, renovation, or repair to--
                            (i) improve teachers' ability to teach and 
                        students' ability to learn;
                            (ii) ensure the health and safety of 
                        students and staff; or
                            (iii) improve classroom, laboratory, and 
                        vocational facilities in order to enhance the 
                        quality of science, technology, engineering, 
                        and mathematics instruction; and
                    (P) required environmental remediation related to 
                facilities modernization, renovation, or repair 
                activities described in subparagraphs (A) through (L).
            (7) Outlying area.--The term ``outlying area'' means the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and the Republic 
        of Palau.
            (8) State.--The term ``State'' means each of the 50 States 
        of the United States, the Commonwealth of Puerto Rico, and the 
        District of Columbia.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. BUY AMERICAN.

    Section 1605 of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) shall apply to funds made 
available under this Act.

SEC. 302. COMPLIANCE WITH DAVIS-BACON ACT.

    All laborers and mechanics employed by contractors and 
subcontractors on projects funded directly by or assisted in whole or 
in part pursuant to this Act shall be paid wages at rates not less than 
those prevailing on projects of a character similar in the locality as 
determined by the Secretary of Labor in accordance with subchapter IV 
of chapter 31 of part A of title 40, United States Code. With respect 
to the labor standards specified in this section, the Secretary of 
Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40, United States Code.

SEC. 303. REPORTS.

    (a) Reports by the States.--Each local educational agency and State 
that receives a grant under this Act shall, not later than September 
30, 2012, and annually thereafter for each fiscal year in which the 
State expends funds received under this Act, submit to the Secretary a 
report that includes--
            (1) a description of the projects for which the grant was, 
        or will be, used;
            (2) a description of the amount and nature of the 
        assistance provided to each community college under this 
        section; and
            (3) the number of jobs created by the projects funded under 
        this section.
    (b) Report by the Secretary.--The Secretary of Education shall 
submit to the appropriating and authorizing committees (as defined in 
section 103 of the Higher Education Act of 1965; U.S.C. 1003) an annual 
report on the grants made under this section, including the information 
described in subsection (a).
    (c) GAO.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report evaluating the program carried out under this Act 
that includes an assessment of the impact and benefits of each funded 
school improvement project.
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