I 
117TH CONGRESS 
1ST SESSION 
H. R. 604 
To provide for the long-term improvement of public school facilities, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2021 
Mr. SCOTT of Virginia (for himself, Mr. NORCROSS, Ms. ADAMS, Mr. 
AGUILAR, Mr. AUCHINCLOSS, Mrs. AXNE, Ms. BARRAGA´N, Ms. BASS, 
Mrs. BEATTY, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, 
Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of 
Pennsylvania, Mr. BROWN, Ms. BROWNLEY, Mr. BUTTERFIELD, Mr. 
CARBAJAL, Mr. CA´RDENAS, Mr. CARSON, Mr. CASTEN, Ms. CASTOR of 
Florida, Mr. CASTRO of Texas, Ms. CHU, Mr. CICILLINE, Ms. CLARK of 
Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, Mr. CON-
NOLLY, 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 Cali-
fornia, Mr. JOHNSON of Georgia, Mr. JONES, Ms. KAPTUR, Ms. KELLY 
of Illinois, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jer-
sey, 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- 
ALLARD, Mr. RUPPERSBERGER, Mr. RYAN, Mr. SABLAN, Ms. SA´NCHEZ, 
Mr. SAN NICOLAS, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Ms. 
SCHRIER, Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Mr. SHERMAN, 
Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. 
STEVENS, Mr. SUOZZI, Mr. SWALWELL, Mr. TAKANO, Mr. THOMPSON of 
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Mississippi, Mr. THOMPSON of California, Ms. TITUS, Ms. TLAIB, Mr. 
TONKO, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Mr. VEASEY, Mr. 
VELA, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mr. WELCH, Ms. 
WEXTON, Ms. WILD, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, 
and Mrs. LURIA) introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committee 
on Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide for the long-term improvement of public school 
facilities, and for other purposes. 
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 
‘‘Reopen and Rebuild America’s Schools Act of 2021’’. 
(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 
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Sec. 301. Allowable uses of funds. 
Sec. 302. Prohibited uses. 
Sec. 303. Requirements for hazard-resistance and energy and water conserva-
tion. 
Sec. 304. Green Practices. 
Sec. 305. Use of American iron, steel, and manufactured products. 
TITLE IV—REPORTS AND OTHER MATTERS 
Sec. 401. Comptroller General report. 
Sec. 402. Study and report on physical condition of public schools. 
Sec. 403. Development of data standards. 
Sec. 404. Information clearinghouse. 
Sec. 405. Sense of Congress on Opportunity Zones. 
TITLE V—IMPACT AID CONSTRUCTION 
Sec. 501. Temporary increase in funding for impact aid construction. 
TITLE VI—ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS 
AFFECTED BY PYRRHOTITE 
Sec. 601. Allocations to States. 
Sec. 602. Grants to local educational agencies. 
Sec. 603. Definitions. 
Sec. 604. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Education and 
Labor of the House of Representatives and the Com-
mittee 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— 
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(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 
Internal 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). 
(5) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
that term in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801) 
except that such term does not include a Bureau- 
funded school. 
(6) PUBLIC
SCHOOL
FACILITIES.—The term 
‘‘public school facilities’’ means the facilities of a 
public elementary school or a public secondary 
school. 
(7) QUALIFIED
LOCAL
EDUCATIONAL
AGEN-
CY.—The term ‘‘qualified local educational agency’’ 
means a local educational agency that receives funds 
under part A of title I of the Elementary and Sec-
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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 
2022 through 2026, 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 
(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. 
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(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 
educational agency that receives covered 
funds. The facilities of a Bureau-funded 
school shall be treated as public school fa-
cilities for purposes of the application of 
such provisions. 
(ii) TREATMENT OF TRIBALLY OPER-
ATED SCHOOLS.—The Secretary of the In-
terior 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-
cation or by an Indian Tribe. In the case 
of a Bureau-funded school that is a con-
tract or grant school (as that term is de-
fined 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 
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under such paragraph to the Indian Tribe 
concerned. 
(3) ALLOCATION TO OUTLYING AREAS.—From 
the amount reserved under paragraph (1)(A) for a 
fiscal year, the Secretary shall allocate to each out-
lying area an amount in proportion to the amount 
received by the outlying area under part A of title 
I of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq.) for the previous 
fiscal year relative 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
2022.—Of the amount 
appropriated to carry out this title for fiscal 
year 2022 and not reserved under section 
101(b), not later than 30 days after such funds 
are appropriated, each State that provides an 
assurance to the Secretary that the State will 
comply with the requirements of section 103(c) 
shall be allocated an amount in proportion to 
the amount received by all local educational 
agencies in the State under part A of title I of 
the Elementary and Secondary Education Act 
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of 1965 (20 U.S.C. 6311 et seq.) for the pre-
vious fiscal year relative to the total amount re-
ceived under such part for such fiscal year by 
all local educational agencies in every State that 
provides such an assurance to the Secretary. 
(B) 
OTHER
FISCAL
YEARS.—Of 
the 
amount appropriated to carry out this title for 
each fiscal year other than fiscal year 2022 and 
not reserved under section 101(b), each State 
that has a plan approved by the Secretary 
under subsection (b) shall be allocated an 
amount in proportion to the amount received by 
all local educational agencies in the State under 
part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311 
et seq.) for the previous fiscal year relative to 
the total amount received under such part for 
such fiscal year by all local educational agencies 
in every State that has a plan approved by the 
Secretary under subsection (b). 
(2) STATE RESERVATION.—A State may reserve 
not more than 1 percent of its allocation under para-
graph (1) to carry out its responsibilities under this 
Act, which— 
(A) shall include— 
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(i) providing technical assistance to 
local educational agencies, including by— 
(I) identifying which State agen-
cies have programs, resources, and ex-
pertise relevant to the activities sup-
ported by the allocation under this 
section; and 
(II) coordinating the provision of 
technical assistance across such agen-
cies; 
(ii) in accordance with the guidance 
issued by the Secretary under section 403, 
developing an online, publicly searchable 
database that contains an inventory of the 
infrastructure of all public school facilities 
in the State (including the facilities of Bu-
reau-funded schools, as appropriate), in-
cluding, with respect to each such facility, 
an identification of— 
(I) the information described in 
subclauses (I) through (VII) of clause 
(vi); 
(II) the age (including an identi-
fication of the date of any retrofits or 
recent renovations) of— 
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(aa) the facility; 
(bb) its roof; 
(cc) its lighting system; 
(dd) its windows; 
(ee) its ceilings; 
(ff) its plumbing; and 
(gg) its heating, ventilation, 
and air conditioning system; 
(III) fire safety inspection re-
sults; 
(IV) the proximity of the facili-
ties to toxic sites or the vulnerability 
of the facilities to natural disasters, 
including the extent to which facilities 
that are vulnerable to seismic natural 
disasters are seismically retrofitted; 
(V) 
any 
previous 
inspections 
showing the presence of toxic sub-
stances; and 
(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, 
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consistent with guidance issued by the 
Centers for Disease Control and Pre-
vention; 
(iii) updating the database developed 
under clause (ii) not less frequently than 
once every 2 years; 
(iv) ensuring that the information in 
the database developed under clause (ii)— 
(I) is posted on a publicly acces-
sible State website; and 
(II) is regularly distributed to 
local educational agencies and Tribal 
governments in the State; 
(v) issuing and reviewing regulations 
to ensure the health and safety of students 
and staff during construction or renovation 
projects; 
(vi) issuing or reviewing regulations to 
ensure safe, healthy, and high-performing 
school buildings, including regulations gov-
erning— 
(I) indoor environmental quality 
and ventilation, including exposure to 
carbon 
monoxide, 
carbon 
dioxide, 
lead-based paint, and other combus-
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tion by-products such as oxides of ni-
trogen; 
(II) mold, mildew, and moisture 
control; 
(III) the safety of drinking water 
at the tap and water used for meal 
preparation, 
including 
regulations 
that— 
(aa) address the presence of 
lead and other contaminants in 
such water; and 
(bb) require the regular test-
ing of the potability of water at 
the tap; 
(IV) energy and water efficiency; 
(V) excessive classroom noise due 
to activities allowable under section 
301; 
(VI) the levels of maintenance 
work, operational spending, and cap-
ital investment needed to maintain the 
quality of public school facilities; and 
(VII) the construction or renova-
tion of such facilities, including appli-
cable building codes; and 
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(vii) creating a plan to reduce or 
eliminate exposure to toxic substances, in-
cluding mercury, radon, PCBs, lead, vapor 
intrusions, and asbestos; and 
(B) may include the development of a plan 
to increase the number of zero energy schools 
in the State. 
(b) STATE PLAN.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), to be eligible to receive an allocation 
under this section, a State shall submit to the Sec-
retary a plan that— 
(A) describes how the State will use the al-
location 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; 
(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 
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(E) includes such other information as the 
Secretary may require. 
(2) EXPEDITED
PROCESS
FOR
FISCAL
YEAR 
2022.— 
(A) ASSURANCE
TO
SECRETARY.—To be 
eligible to receive an allocation for fiscal year 
2022 under section 101(a)(1)(A), a State shall 
provide to the Secretary an assurance that the 
State will comply with the requirements of sec-
tion 103(c). 
(B) SUBMITTAL OF STATE PLAN.—A State 
shall not be required to submit a State plan 
under paragraph (1) before receiving an alloca-
tion for fiscal year 2022 under section 
101(a)(1)(A). A State that receives an alloca-
tion under such section for such fiscal year 
shall submit to the Secretary the State plan de-
scribed in paragraph (1) not later than 90 days 
after the date on which such allocation is re-
ceived. 
(3) APPROVAL
AND
DISAPPROVAL.—The Sec-
retary shall have the authority to approve or dis-
approve a State plan submitted under paragraph 
(1). 
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(c) CONDITIONS.—As a condition of receiving an allo-
cation under this section, a State shall agree to the fol-
lowing: 
(1) MATCHING REQUIREMENT.— 
(A) IN
GENERAL.—The State shall con-
tribute, from non-Federal sources, an amount 
equal to 10 percent of the amount of the alloca-
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 re-
spect 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 
provide 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 
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of the State’s share of school facilities cap-
ital outlay for the 5 years preceding the 
fiscal year for which the allocation is re-
ceived. 
(ii) 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. 
(iii) TOTAL STATE EXPENDITURES.— 
In this subparagraph, the term ‘‘total 
State expenditures’’ means the State’s 
total expenditures (from funds other than 
an allocation under this section) on school 
facilities capital outlay projects, includ-
ing— 
(I) any direct expenditures by the 
State for the purpose of school facili-
ties capital outlay projects; and 
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(II) funds provided by the State 
to local educational agencies for the 
purpose of school facilities capital out-
lay projects. 
(iv) TOTAL SCHOOL FACILITIES CAP-
ITAL EXPENDITURES IN THE STATE.—In 
this subparagraph, the term ‘‘total school 
facilities capital expenditures in the State’’, 
means the sum of— 
(I) the total State expenditures 
calculated under clause (iii); 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 
(iii). 
(2) SUPPLEMENT NOT SUPPLANT.—The State 
shall use an allocation under this section only to 
supplement the level of Federal, State, and local 
public funds that would, in absence of such alloca-
tion, be made available for the activities supported 
by the allocation, and not to supplant such funds. 
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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 sec-
tion 1124(c) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6333(c)); 
(B) shall agree to prioritize the improve-
ment of the facilities of public schools that 
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serve the highest percentages of students 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.) (which, in 
the case of a high school, may be calculated 
using comparable 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. 
(2) EQUITABLE DISTRIBUTION.— 
(A) NUMBERS AND PERCENTAGES OF CER-
TAIN STUDENTS.—In making the determination 
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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 
whether a local educational agency is among agen-
cies in the State with the highest numbers or per-
centages of students counted under section 1124(c) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6333(c)) as required under para-
graph (1)(A). 
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(c) PRIORITY OF GRANTS FOR FISCAL YEAR 2022.— 
In awarding grants under this section for fiscal year 
2022— 
(1) the State shall first award grants to quali-
fied local educational agencies that meet the require-
ments of subsection (d)(1) that will use the grant to 
improve the facilities of schools described in sub-
section (d)(1)(B) to support indoor and outdoor so-
cial distancing, personal hygiene, and building hy-
giene (including with respect to heating, ventilation, 
and air conditioning usage) in school facilities, con-
sistent with guidance issued by the Centers for Dis-
ease Control 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 award-
ing grants under this section, the State shall give priority 
to qualified local educational agencies that— 
(1)(A) demonstrate the greatest need for such 
a grant, as determined by a comparison of the fac-
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tors described in subsection (b)(1) and other indica-
tors of need in the public school facilities of such 
local educational 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 sys-
tems such as heating, ventilation, air condi-
tioning, 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 eli-
gible for a free or reduced price lunch under the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.) that constitutes not 
less than 40 percent of the total student enroll-
ment at such schools; or 
(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 
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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 
severe 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 ac-
cess; and 
(C) meet one or more of the requirements set 
forth in subparagraphs (A) through (C) of para-
graph (1). 
(e) APPLICATION.—To be considered for a grant 
under this section, a qualified local educational agency 
shall submit an application to the State at such time, in 
such manner, and containing such information as the 
State may require. Such application shall include, at min-
imum— 
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(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 re-
duce risks to the health and safety of staff and stu-
dents at schools served by the agency; and 
(4) in the case of a local educational agency 
that proposes to fund a repair, renovation, or con-
struction project for a public charter school, the ex-
tent to which— 
(A) the public charter school lacks access 
to funding for school repair, renovation, and 
construction through the financing methods 
available to other public schools or local edu-
cational agencies in the State; and 
(B) the charter school operator owns or 
has care and control of the facility that is to be 
repaired, renovated, or constructed. 
(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. 
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(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; 
(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 prepara-
tion, including the level of lead and other 
contaminants in such water; 
(iv) energy and water efficiency; 
(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; 
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(D) how the local educational agency will 
address any conditions identified under sub-
paragraph (C); 
(E) the impact of current and future stu-
dent enrollment levels (as of the date of appli-
cation) on the design of current and future pub-
lic school facilities, as well as the financial im-
plications of such enrollment levels; 
(F) the dollar amount and percentage of 
funds the local educational agency will dedicate 
to capital construction projects for public school 
facilities, including— 
(i) any funds in the budget of the 
agency that will be dedicated to such 
projects; and 
(ii) any funds not in the budget of the 
agency that will be dedicated to such 
projects, including any funds available to 
the agency as the result of a bond issue; 
and 
(G) the dollar amount and percentage of 
funds the local educational agency will dedicate 
to the maintenance and operation of public 
school facilities, including— 
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(i) any funds in the budget of the 
agency that will be dedicated to the main-
tenance and operation of such facilities; 
and 
(ii) any funds not in the budget of the 
agency that will be dedicated to the main-
tenance and operation of such facilities. 
(3) CONSULTATION.—In developing the facili-
ties master plan required under paragraph (1)— 
(A) a qualified local educational agency 
shall consult with teachers, principals and other 
school leaders, custodial and maintenance staff, 
emergency first responders, school facilities di-
rectors, students and families, community resi-
dents, 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 
Education. 
(g) SUPPLEMENT NOT SUPPLANT.—A qualified local 
educational agency shall use a grant received under this 
section only to supplement the level of Federal, State, and 
local public funds that would, in the absence of such grant, 
be made available for the activities supported by the grant, 
and not to supplant such funds. 
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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— 
(A) the demographic composition of the 
student 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 
students who are eligible for a free or re-
duced price lunch under the Richard B. 
Russell National School Lunch Act (42 
U.S.C. 1751 et seq.); 
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(B) the population density of the geo-
graphic 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; and 
(E) the estimated number of jobs created 
by the projects. 
(3) The total dollar amount of all grants re-
ceived 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 pub-
lic, including by posting the information on a pub-
licly accessible agency website; and 
(3) submit the information to the State. 
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(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 pub-
lic, including by posting the information on a pub-
licly accessible State website; and 
(3) regularly distribute the information to local 
educational agencies and Tribal governments in the 
State. 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
There 
are 
authorized 
to 
be 
appropriated 
$20,000,000,000 for each of fiscal years 2022 through 
2026 to carry out this title. Amounts so appropriated are 
authorized to remain available through fiscal year 2031. 
TITLE II—SCHOOL 
INFRASTRUCTURE BONDS 
SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX 
CREDIT 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. 
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(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 
follows 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.— 
(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 
subchapter 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.— 
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(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— 
(A) by striking ‘‘and $400,000,000’’ and 
inserting ‘‘$400,000,000’’, and 
(B) by striking ‘‘and, except as provided’’ 
and all that follows through the period at the 
end and inserting ‘‘, and $1,400,000,000 for 
2022 and each calendar year thereafter.’’. 
(3) REMOVAL
OF
PRIVATE
BUSINESS
CON-
TRIBUTION REQUIREMENT.—Section 54E of the In-
ternal Revenue Code of 1986, as revived by para-
graph (1) and amended by paragraph (2), is amend-
ed— 
(A) in subsection (a)(3), by inserting 
‘‘and’’ at the end of subparagraph (A), by strik-
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ing subparagraph (B), and by redesignating 
subparagraph (C) as subparagraph (B), 
(B) by striking subsection (b), and 
(C) by redesignating subsections (c) and 
(d) as subsections (b) and (c), respectively. 
(4) CONSTRUCTION OF A PUBLIC SCHOOL FA-
CILITY.—Section 54E(c)(3)(A) of the Internal Rev-
enue Code of 1986, as revived by paragraph (1) and 
redesignated in paragraph (3)(C), is amended by 
striking ‘‘rehabilitating or repairing’’ and inserting 
‘‘constructing, rehabilitating, retrofitting, or repair-
ing’’. 
(d) CONFORMING AMENDMENT RELATED TO APPLI-
CATION OF CERTAIN LABOR STANDARDS.— 
(1) IN GENERAL.—Subchapter IV of chapter 31 
of the title 40, United States Code, shall apply to 
projects financed with the proceeds of any qualified 
zone academy bond (as defined in section 54E of the 
Internal Revenue Code of 1986) issued after the 
date of the enactment of the American Recovery and 
Reinvestment Tax Act of 2009. 
(2) CONFORMING AMENDMENT.—Section 1601 
of the American Recovery and Reinvestment Tax 
Act of 2009 is amended by striking paragraph (3) 
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and redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after Decem-
ber 31, 2022. 
SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 
(a) IN GENERAL.—The Internal Revenue Code of 
1986 is amended by inserting after subpart I (as revived 
by section 201) of part IV of subchapter A of chapter 1 
the following new subpart: 
‘‘Subpart J—School Infrastructure Bonds 
‘‘Sec. 54BB. School infrastructure bonds. 
‘‘SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS. 
‘‘(a) IN GENERAL.—If a taxpayer holds a school in-
frastructure bond on one or more interest payment dates 
of the bond during any taxable year, there shall be allowed 
as a credit against the tax imposed by this chapter for 
the taxable year an amount equal to the sum of the credits 
determined under subsection (b) with respect to such 
dates. 
‘‘(b) AMOUNT OF CREDIT.—The amount of the credit 
determined under this subsection with respect to any in-
terest payment date for a school infrastructure bond is 
100 percent of the amount of interest payable by the 
issuer with respect to such date. 
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‘‘(c) LIMITATION BASED ON AMOUNT OF TAX.— 
‘‘(1) IN GENERAL.—The credit allowed under 
subsection (a) for any taxable year shall not exceed 
the excess of— 
‘‘(A) the sum of the regular tax liability of 
the taxpayer (as defined in section 26(b)) plus 
the tax imposed by section 55, over 
‘‘(B) the sum of the credits allowable 
under this part (other than subpart C and this 
subpart). 
‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the 
credit allowable under subsection (a) exceeds the 
limitation imposed by paragraph (1) for such taxable 
year, such excess shall be carried to the succeeding 
taxable year and added to the credit allowable under 
subsection (a) for such taxable year (determined be-
fore the application of paragraph (1) for such suc-
ceeding taxable year). 
‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘school infrastructure bond’ means 
any bond issued as part of an issue if— 
‘‘(A) 100 percent of the available project 
proceeds of such issue are to be used for the 
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