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. JA-
COBS 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. ROYBAL- 
VerDate 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
ALLARD, Mr. RUPPERSBERGER, Mr. RYAN of Ohio, Mr. SABLAN, Ms. 
SA´NCHEZ, Mr. SAN NICOLAS, Mr. SARBANES, Ms. SCANLON, Ms. SCHA-
KOWSKY, 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. WIL-
SON 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 de-
termined 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. STRICK-
LAND, Ms. BUSH, Mr. BACON, Ms. MCCOLLUM, Mrs. MURPHY of Flor-
ida, 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. 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Re-
build America’s Schools Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6213
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
Sec. 602. Grants to local educational agencies. 
Sec. 603. Definitions. 
Sec. 604. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on Education and Labor 
of the House of Representatives and the Committee on 
Health, Education, Labor and Pensions of the Senate. 
(2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu-
reau-funded school’’ has the meaning given that term 
in section 1141 of the Education Amendments of 1978 
(25 U.S.C. 2021). 
(3) COVERED FUNDS.—The term ‘‘covered funds’’ 
means funds received— 
(A) under title I of this Act; 
(B) from a school infrastructure bond; or 
(C) from a qualified zone academy bond (as 
such term is defined in section 54E of the Inter-
nal Revenue Code of 1986 (as restored by section 
201)). 
(4) ESEA 
TERMS.—The terms ‘‘elementary 
school’’, ‘‘outlying area’’, and ‘‘secondary school’’ have 
the meanings given those terms in section 8101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(5) LOCAL
EDUCATIONAL
AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
that term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801) ex-
cept that such term does not include a Bureau-funded 
school. 
(6) PUBLIC
SCHOOL
FACILITIES.—The term 
‘‘public school facilities’’ means the facilities and 
grounds of a public elementary school or a public sec-
ondary school. 
(7) QUALIFIED LOCAL EDUCATIONAL AGENCY.— 
The term ‘‘qualified local educational agency’’ means 
a local educational agency that receives funds under 
part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.). 
(8) SCHOOL INFRASTRUCTURE BOND.—The term 
‘‘school infrastructure bond’’ has the meaning given 
such term in section 54BB of the Internal Revenue 
Code of 1986 (as added by section 202). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(10) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico. 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(11) NET
ZERO
ENERGY
SCHOOL.—The term 
‘‘net zero energy school’’ means a public elementary 
school or public secondary school that— 
(A) generates renewable energy on-site; and 
(B) on an annual basis, exports an amount 
of such renewable energy that equals or exceeds 
the total amount of renewable energy that is de-
livered to the school from outside sources. 
TITLE 
I—GRANTS 
FOR 
THE 
LONG-TERM 
IMPROVEMENT 
OF PUBLIC SCHOOL FACILI-
TIES 
SEC. 101. PURPOSE AND RESERVATION. 
(a) PURPOSE.—Funds made available under this title 
shall be for the purpose of supporting long-term improve-
ments to public school facilities in accordance with this Act. 
(b) RESERVATION FOR OUTLYING AREAS AND BU-
REAU-FUNDED SCHOOLS.— 
(1) IN GENERAL.—For each of fiscal years 2023 
through 2027, the Secretary shall reserve, from the 
amount appropriated to carry out this title— 
(A) one-half of 1 percent, to make alloca-
tions to the outlying areas in accordance with 
paragraph (3); and 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(B) one-half of 1 percent, for payments to 
the Secretary of the Interior to provide assist-
ance to Bureau-funded schools. 
(2) USE OF RESERVED FUNDS.— 
(A) IN
GENERAL.—Funds reserved under 
paragraph (1) shall be used in accordance with 
title III. 
(B) SPECIAL RULES FOR BUREAU-FUNDED 
SCHOOLS.— 
(i) APPLICABILITY.—The provisions of 
title III shall apply to a Bureau-funded 
school that receives assistance under para-
graph (1)(B) in the same manner that such 
provisions apply to a qualified local edu-
cational agency that receives covered funds. 
The facilities of a Bureau-funded school 
shall be treated as public school facilities for 
purposes of the application of such provi-
sions. 
(ii) TREATMENT OF TRIBALLY OPER-
ATED SCHOOLS.—The Secretary of the Inte-
rior shall provide assistance to Bureau- 
funded schools under paragraph (1)(B) 
without regard to whether such schools are 
operated by the Bureau of Indian Edu-
VerDate 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
cation or by an Indian Tribe. In the case 
of a Bureau-funded school that is a contract 
or grant school (as that term is defined in 
section 1141 of the Education Amendments 
of 1978 (25 U.S.C. 2021)) operated by an 
Indian Tribe, the Secretary of the Interior 
shall provide assistance under such para-
graph to the Indian Tribe concerned. 
(3) ALLOCATION
TO
OUTLYING
AREAS.—From 
the amount reserved under paragraph (1)(A) for a fis-
cal year, the Secretary shall allocate to each outlying 
area an amount in proportion to the amount received 
by the outlying area under part A of title I of the El-
ementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) for the previous fiscal year rel-
ative to the total such amount received by all outlying 
areas for such previous fiscal year. 
SEC. 102. ALLOCATION TO STATES. 
(a) ALLOCATION TO STATES.— 
(1) STATE-BY-STATE ALLOCATION.— 
(A) FISCAL YEAR 2023.—Of the amount ap-
propriated to carry out this title for fiscal year 
2023 and not reserved under section 101(b), not 
later than 30 days after such funds are appro-
priated, each State that provides an assurance to 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
State that has a plan approved by the Secretary 
under subsection (b). 
(2) STATE RESERVATION.—A State may reserve 
not more than 5 percent of its allocation under para-
graph (1) to carry out its responsibilities under this 
Act, which shall include— 
(A) providing technical assistance to local 
educational agencies, including by— 
(i) identifying which State agencies 
have programs, resources, and expertise rel-
evant to the activities supported by the allo-
cation under this section; and 
(ii) coordinating the provision of tech-
nical assistance across such agencies; 
(B) in accordance with the guidance issued 
by the Secretary under section 404, developing 
an online, publicly searchable database that con-
tains an inventory of the infrastructure of all 
public school facilities in the State (including 
the facilities of Bureau-funded schools, as appro-
priate), including, with respect to each such fa-
cility, an identification of— 
(i) the information described in clauses 
(i) through (vii) of subparagraph (F); 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(ii) the age (including an identifica-
tion of the date of any retrofits or recent 
renovations) of— 
(I) the facility; 
(II) its roof; 
(III) its electrical panels and 
lighting system; 
(IV) its windows and any sky-
lights; 
(V) its cooking equipment and 
major appliances; 
(VI) its plumbing; and 
(VII) its heating, ventilation, and 
air conditioning system, including any 
energy management controls and sys-
tems; 
(iii) fire safety inspection results; 
(iv) the proximity of the facilities to 
toxic sites, including sites contaminated by 
per- and polyfluoroalkyl substances, or the 
vulnerability of the facilities to natural dis-
asters, including the extent to which facili-
ties that are vulnerable to seismic natural 
disasters are seismically retrofitted; 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(v) any previous inspections showing 
the presence of toxic substances, including 
per- and polyfluoroalkyl substances; 
(vi) any improvements that are needed 
to support indoor and outdoor social 
distancing, personal hygiene, and building 
hygiene (including with respect to heating, 
ventilation, and air conditioning usage) in 
school facilities, consistent with guidance 
issued by the Centers for Disease Control 
and Prevention; and 
(vii) any improvements that are need-
ed to support energy and water efficiency, 
resilience, and climate mitigation; 
(C) updating the database developed under 
subparagraph (B) not less frequently than once 
every 3 years; 
(D) ensuring that the information in the 
database developed under subparagraph (B)— 
(i) is posted on a publicly accessible 
State website; and 
(ii) is regularly distributed to local 
educational agencies and Tribal govern-
ments in the State; 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(E) issuing and reviewing regulations to 
ensure the health and safety of students and staff 
during construction or renovation projects; 
(F) issuing or reviewing regulations to en-
sure safe, healthy, and high-performing school 
buildings, including regulations governing— 
(i) indoor environmental quality and 
ventilation, including exposure to carbon 
monoxide, carbon dioxide, lead-based paint, 
and other combustion by-products such as 
oxides of nitrogen; 
(ii) mold, mildew, and moisture con-
trol; 
(iii) the safety of drinking water at the 
tap and water used for meal preparation, 
including regulations that— 
(I) address the presence of lead 
and other contaminants, including per- 
and polyfluoroalkyl substances, in such 
water; and 
(II) require the regular testing of 
the potability of water at the tap and 
testing for contaminants, including 
per- and polyfluoroalkyl substances; 
(iv) energy and water efficiency; 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(v) excessive classroom noise due to ac-
tivities allowable under section 301; 
(vi) the levels of maintenance work, 
operational spending, and capital invest-
ment needed to maintain the quality of 
public school facilities; and 
(vii) the construction or renovation of 
such facilities, including applicable build-
ing codes; 
(G) creating a plan to reduce or eliminate 
exposure to toxic substances, including mercury, 
radon, PCBs, lead, vapor intrusions, per- and 
polyfluoroalkyl substances, and asbestos; and 
(H) creating a plan to increase the number 
of net zero energy schools in the State, including 
professional development opportunities for State 
and local educational agency staff involved in 
maintenance, operations, and school facilities 
capital outlay projects related to energy and 
water efficiency, resilience, climate mitigation, 
renewable energy, energy storage, and building 
electrification. 
(b) STATE PLAN.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), to be eligible to receive an allocation under 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
this section, a State shall submit to the Secretary a 
plan that— 
(A) describes how the State will use the allo-
cation to make long-term improvements to public 
school facilities; 
(B) explains how the State will carry out 
each of its responsibilities under subsection 
(a)(2); 
(C) explains how the State will make the 
determinations under subsections (b) through (d) 
of section 103, including how the State will con-
sider the impact that projects will have on stu-
dent diversity and racial and socioeconomic iso-
lation of students attending any current (as of 
the time of the submission of the plan) or future 
public school facilities supported by such 
projects; 
(D) identifies how long, and at what levels, 
the State will maintain fiscal effort for the ac-
tivities supported by the allocation after the 
State no longer receives the allocation; and 
(E) includes such other information as the 
Secretary may require. 
(2) EXPEDITED
PROCESS
FOR
FISCAL
YEAR 
2023.— 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
tion received under this section to carry out the 
activities supported by the allocation. 
(B) DEADLINE.—The State shall provide 
any contribution required under subparagraph 
(A) not later than September 30, 2030. 
(C) CERTAIN FISCAL YEARS.—With respect 
to 
a 
fiscal 
year 
for 
which 
more 
than 
$7,000,000,000 are appropriated to carry out 
this title, subparagraph (A) shall be applied as 
if ‘‘, from non-Federal sources,’’ were struck. 
(D) COMMITMENT TO PROPORTIONAL STATE 
INVESTMENT IN SCHOOL FACILITIES.— 
(i) IN GENERAL.—The State shall pro-
vide an assurance to the Secretary that for 
each fiscal year that the State receives an 
allocation under this section, the State’s 
share of school facilities capital outlay will 
be not less than 90 percent of the average of 
the State’s share of school facilities capital 
outlay for the 5 years preceding the fiscal 
year for which the allocation is received. 
(ii) WAIVER.—Notwithstanding clause 
(i), in response to a request from a State, 
the Secretary may modify or waive, in 
whole or in part, the requirement of clause 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(i) if the Secretary determines that such 
State demonstrates an exceptional or uncon-
trollable circumstance, such as a natural 
disaster, pandemic, or precipitous decline 
in revenue. 
(iii) STATE’S SHARE OF SCHOOL FA-
CILITIES
CAPITAL
OUTLAY.—In this sub-
paragraph, the term ‘‘State’s share of school 
facilities capital outlay’’ means— 
(I) the total State expenditures on 
school facilities capital outlay projects; 
divided by 
(II) the total school facilities cap-
ital expenditures in the State on school 
facilities capital outlay projects. 
(iv) TOTAL STATE EXPENDITURES.—In 
this subparagraph, the term ‘‘total State ex-
penditures’’ means the State’s total expendi-
tures (from funds other than an allocation 
under this section) on school facilities cap-
ital outlay projects, including— 
(I) any direct expenditures by the 
State for the purpose of school facilities 
capital outlay projects; and 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(II) funds provided by the State 
to local educational agencies for the 
purpose of school facilities capital out-
lay projects. 
(v) TOTAL
SCHOOL
FACILITIES
CAP-
ITAL
EXPENDITURES
IN
THE
STATE.—In 
this subparagraph, the term ‘‘total school fa-
cilities capital expenditures in the State’’, 
means the sum of— 
(I) the total state expenditures 
calculated under clause (iv); plus 
(II) all additional expenditures 
(from funds other than an allocation 
under this section) on school facilities 
capital outlay projects by local edu-
cational agencies in the State that 
were not included in the calculation of 
total state expenditures under clause 
(iv). 
(2) SUPPLEMENT
NOT
SUPPLANT.—The State 
shall use an allocation under this section only to sup-
plement the level of State public funds that would, in 
absence of the receipt of Federal funds under this sec-
tion, be made available for the State’s contribution to 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
school facilities capital outlays, and not to supplant 
such State public funds. 
SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDU-
CATIONAL AGENCIES. 
(a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
(1) IN
GENERAL.—Subject to paragraph (2), 
from the amounts allocated to a State under section 
102(a) and contributed by the State under section 
102(c)(1), the State shall award grants to qualified 
local educational agencies, on a competitive basis, to 
carry out the activities described in section 301(a). 
(2) ALLOWANCE
FOR
DIGITAL
LEARNING.—A 
State may use up to 10 percent of the amount de-
scribed in paragraph (1) to make grants to qualified 
local educational agencies carry out activities to im-
prove digital learning in accordance with section 
301(b). 
(b) ELIGIBILITY.— 
(1) IN
GENERAL.—To be eligible to receive a 
grant under this section, a qualified local educational 
agency— 
(A) shall be among the local educational 
agencies in the State with the highest numbers or 
percentages of students counted under section 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
1124(c) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6333(c)); 
(B) shall agree to prioritize the improve-
ment of the facilities of public schools that serve 
the highest percentages of students who are eligi-
ble for a free or reduced price lunch under the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.) (which, in the case of 
a high school, may be calculated using com-
parable data from the schools that feed into the 
high school), as compared to other public schools 
in the jurisdiction of the agency; and 
(C) shall be among the local educational 
agencies in the State with the most limited ca-
pacity to raise funds for the long-term improve-
ment of public school facilities, as determined by 
an assessment of— 
(i) the current and historic ability of 
the agency to raise funds for construction, 
renovation, modernization, and major re-
pair projects for schools; 
(ii) whether the agency has been able to 
issue bonds or receive other funds to support 
school construction projects; and 
(iii) the bond rating of the agency. 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(2) EQUITABLE DISTRIBUTION.— 
(A) NUMBERS AND PERCENTAGES OF CER-
TAIN STUDENTS.—In making the determination 
under paragraph (1)(A), the State shall ensure 
that grants under this section are equitably dis-
tributed among— 
(i) qualified local educational agencies 
in the State with the highest numbers of 
students counted under section 1124(c) of 
the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6333(c)); and 
(ii) qualified local educational agencies 
in the State with the highest percentages of 
students counted under such section. 
(B) GEOGRAPHIC
DIVERSITY.—The State 
shall ensure that grants under this section are 
awarded to qualified local educational agencies 
that represent the geographic diversity of the 
State. 
(3) STATEWIDE THRESHOLDS.—The State shall 
establish reasonable thresholds for determining wheth-
er a local educational agency is among agencies in 
the State with the highest numbers or percentages of 
students counted under section 1124(c) of the Elemen-
VerDate 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
tary and Secondary Education Act of 1965 (20 
U.S.C. 6333(c)) as required under paragraph (1)(A). 
(c) PRIORITY OF GRANTS FOR FISCAL YEAR 2023.— 
In awarding grants under this section for fiscal year 
2023— 
(1) the State shall first award grants to qualified 
local educational agencies that meet the requirements 
of subsection (d)(1) that will use the grant to improve 
the facilities of schools described in subsection 
(d)(1)(B) to support indoor and outdoor social 
distancing, personal hygiene, and building hygiene 
(including with respect to heating, ventilation, and 
air conditioning usage) in school facilities, consistent 
with guidance issued by the Centers for Disease Con-
trol and Prevention; and 
(2) from any funds remaining after making 
grants to qualified local educational agencies that 
meet the requirements of paragraph (1), the State 
may award grants to other qualified local agencies in 
accordance with the priorities established under sub-
section (d). 
(d) PRIORITY
OF
GRANTS
FOR
OTHER
FISCAL 
YEARS.—Except as provided in subsection (c), in awarding 
grants under this section, the State shall give priority to 
qualified local educational agencies that— 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(1)(A) demonstrate the greatest need for such a 
grant, as determined by a comparison of the factors 
described in subsection (b)(1) and other indicators of 
need in the public school facilities of such local edu-
cational agencies, including— 
(i) the median age of facilities; 
(ii) the extent to which student enrollment 
exceeds physical and instructional capacity; 
(iii) the condition of major building systems 
such as heating, ventilation, air conditioning, 
electrical, water, and sewer systems; 
(iv) the condition of roofs, windows, and 
doors; and 
(v) other critical health and safety condi-
tions; 
(B) will use the grant to improve the facilities 
of— 
(i) elementary schools or middle schools that 
have an enrollment of students who are eligible 
for a free or reduced price lunch under the Rich-
ard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) that constitutes not less than 
40 percent of the total student enrollment at such 
schools; or 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(ii) high schools that have an enrollment of 
students who are eligible for a free or reduced 
price lunch under such Act that constitutes not 
less than 30 percent of the total student enroll-
ment at such schools (which may be calculated 
using comparable data from the schools that feed 
into the high school); and 
(C) operate public school facilities that pose a se-
vere health and safety threat to students and staff, 
which may include consideration of threats posed by 
the proximity of the facilities to toxic sites or 
brownfield sites or the vulnerability of the facilities to 
natural disasters; or 
(2)(A) will use the grant to improve access to 
high-speed broadband sufficient to support digital 
learning in accordance with section 301(b); 
(B) serve elementary schools or secondary 
schools, including rural schools, that lack such access; 
and 
(C) meet one or more of the requirements set 
forth in subparagraphs (A) through (C) of paragraph 
(1). 
(e) APPLICATION.—To be considered for a grant under 
this section, a qualified local educational agency shall sub-
mit an application to the State at such time, in such man-
VerDate 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
ner, and containing such information as the State may re-
quire. Such application shall include, at minimum— 
(1) the information necessary for the State to 
make the determinations under subsections (b) 
through (d); 
(2) a description of the projects that the agency 
plans to carry out with the grant; 
(3) an explanation of how such projects will— 
(A) improve conditions for the health and 
safety of staff and students at schools served by 
the agency; and 
(B) improve learning and reduce inequity 
for such students; 
(4) an explanation of how such projects will im-
prove school facilities’ performance with respect to en-
ergy and water efficiency, resilience, and climate 
mitigation; 
(5) in the case of a local educational agency that 
proposes to fund a repair, renovation, or construction 
project for a public charter school, the extent to 
which— 
(A) the public charter school lacks access to 
funding for school repair, renovation, and con-
struction through the financing methods avail-
VerDate 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
able to other public schools or local educational 
agencies in the State; and 
(B) the charter school operator owns or has 
care and control of the facility that is to be re-
paired, renovated, or constructed; and 
(6) an explanation of how the local educational 
agency plans to increase the number of contracts such 
agency has with certified small businesses, minority- 
owned 
businesses, 
veteran-owned 
businesses, 
or 
women-owned businesses as of the date of submission 
of the application by awarding such contracts under 
projects supported by the grant. 
(f) FACILITIES MASTER PLAN.— 
(1) PLAN REQUIRED.—Not later than 180 days 
after receiving a grant under this section, a qualified 
local educational agency shall submit to the State a 
comprehensive 10-year facilities master plan. 
(2) ELEMENTS.—The facilities master plan re-
quired under paragraph (1) shall include, with re-
spect to all public school facilities of the qualified 
local educational agency, a description of— 
(A) the extent to which public school facili-
ties meet students’ educational needs and sup-
port the agency’s educational mission and vi-
sion; 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(B) the physical condition of the public 
school facilities; 
(C) the current health, safety, and environ-
mental conditions of the public school facilities, 
including— 
(i) indoor air quality; 
(ii) the presence of toxic substances; 
(iii) the safety of drinking water at the 
tap and water used for meal preparation, 
including the level of lead and other con-
taminants in such water; 
(iv) energy and water efficiency, resil-
ience, and climate mitigation; 
(v) excessive classroom noise; and 
(vi) other health, safety, and environ-
mental conditions that would impact the 
health, safety, and learning ability of stu-
dents; 
(D) how the local educational agency will 
address any conditions identified under subpara-
graph (C); 
(E) the impact of current and future stu-
dent enrollment levels (as of the date of applica-
tion) on the design of current and future public 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(A) a qualified local educational agency 
shall consult with teachers, principals and other 
school leaders, custodial and maintenance staff, 
emergency first responders, school facilities direc-
tors, students and families, community residents, 
and Indian Tribes; and 
(B) in addition to the consultation required 
under subparagraph (A), a Bureau-funded school 
shall consult with the Bureau of Indian Edu-
cation. 
SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. 
(a) IN GENERAL.—Not later than September 30 of 
each fiscal year beginning after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the projects carried 
out with funds made available under this title. 
(b) ELEMENTS.—The report under subsection (a) shall 
include, with respect to the fiscal year preceding the year 
in which the report is submitted, the following: 
(1) An identification of each local educational 
agency that received a grant under this title. 
(2) With respect to each such agency, a descrip-
tion of— 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(A) the demographic composition of the stu-
dent 
population 
served 
by 
the 
agency, 
disaggregated by— 
(i) race; 
(ii) the number and percentage of stu-
dents counted under section 1124(c) of the 
Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6333(c)); and 
(iii) the number and percentage of stu-
dents who are eligible for a free or reduced 
price lunch under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 
et seq.); 
(B) the population density of the geographic 
area served by the agency; 
(C) the projects for which the agency used 
the grant received under this title, described 
using measurements of school facility quality 
from the most recent available version of the 
Common Education Data Standards published 
by the National Center for Education Statistics; 
(D) the demonstrable or expected benefits of 
the projects, including any improvements— 
(i) to conditions for health, safety, and 
learning; and 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(ii) to school facilities with respect to 
energy and water efficiency, resilience, re-
duced carbon emissions, and climate miti-
gation; 
(E) the square footage of the improvements 
made with covered funds; 
(F) the total cost of each such project— 
(i) in total; and 
(ii) disaggregated by the costs of plan-
ning, design, construction, site purchase, 
and improvements; 
(G) the estimated number of jobs created by 
the projects; 
(H) of the total number of contracts award-
ed under the project, the percentage of such con-
tracts that were awarded to certified small busi-
nesses, minority-owned businesses, veteran-owned 
businesses, and women-owned businesses; and 
(I)(i) the total dollar value of contracts 
awarded under the project to certified small busi-
nesses, minority-owned businesses, veteran-owned 
businesses, and women-owned businesses, respec-
tively; and 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(ii) the total dollar value of contracts 
awarded under the project to all such businesses 
combined. 
(3) The total dollar amount of all grants received 
by local educational agencies under this title. 
(c) LEA INFORMATION COLLECTION.—A local edu-
cational agency that receives a grant under this title shall— 
(1) annually compile the information described 
in subsection (b)(2); 
(2) make the information available to the public, 
including by posting the information on a publicly 
accessible agency website; and 
(3) submit the information to the State. 
(d) STATE INFORMATION DISTRIBUTION.—A State 
that receives information from a local educational agency 
under subsection (c) shall— 
(1) compile the information and report it annu-
ally to the Secretary at such time and in such man-
ner as the Secretary may require; 
(2) make the information available to the public, 
including by posting the information on a publicly 
accessible State website; and 
(3) regularly distribute the information to local 
educational agencies and Tribal governments in the 
State. 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
There 
are 
authorized 
to 
be 
appropriated 
$20,000,000,000 for each of fiscal years 2023 through 2027 
to carry out this title. Amounts so appropriated are author-
ized to remain available through fiscal year 2032. 
TITLE II—SCHOOL 
INFRASTRUCTURE BONDS 
SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX CRED-
IT BONDS. 
(a) ALLOWANCE OF CREDIT.— 
(1) IN GENERAL.—Section 54A of the Internal 
Revenue Code of 1986, as in effect on the day before 
repeal by Public Law 115–97, is revived. 
(2) CREDIT LIMITED TO CERTAIN BONDS.— 
(A) IN
GENERAL.—Section 54A(d)(1) of 
such Code, as revived by paragraph (1), is 
amended by striking ‘‘means—’’ and all that fol-
lows through ‘‘which is part’’ and inserting 
‘‘means a qualified zone academy bond which is 
part’’. 
(B) 
CONFORMING
AMENDMENT.—Section 
54A(c)(2)(C) of such Code, as revived by para-
graph (1), is amended by striking ‘‘means—’’ 
and all that follows and inserting ‘‘a purpose 
specified in section 54E(a)(1)’’. 
(3) CONFORMING AMENDMENTS.— 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS
(A) The Internal Revenue Code of 1986 is 
amended by inserting before section 54A (as re-
vived by paragraph (1)) the following: 
‘‘Subpart I—Qualified Tax Credit Bonds 
‘‘Sec. 54A. Credit to holder of qualified tax credit bonds.’’. 
(B) Section 6401(b)(1) of such Code is 
amended by striking ‘‘and G’’ and inserting ‘‘G, 
and I’’. 
(C) The table of subparts for part IV of sub-
chapter A of chapter 1 of such Code is amended 
by adding at the end the following: 
‘‘SUBPART I—QUALIFIED TAX CREDIT BONDS’’. 
(b) CREDIT ALLOWED TO ISSUER.— 
(1) IN GENERAL.—Section 6431 of the Internal 
Revenue Code of 1986, as in effect on the day before 
repeal by Public Law 115–97, is revived. 
(2) 
CONFORMING
AMENDMENT.—Section 
6211(b)(4) of such Code is amended by striking ‘‘and 
6428A’’ and inserting ‘‘6428A, and 6431’’. 
(c) QUALIFIED ZONE ACADEMY BONDS.— 
(1) IN GENERAL.—Section 54E of the Internal 
Revenue Code of 1986, as in effect on the day before 
repeal by Public Law 115–97, is revived. 
(2) 
EXTENSION
OF
LIMITATION.—Section 
54(E)(c)(1) of such Code is amended— 
VerDate Sep 11 2014 
22:33 Dec 16, 2022
Jkt 039200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H604.RH
H604
kjohnson on DSK79L0C42PROD with BILLS