IB 
Union Calendar No. 567 
116TH CONGRESS 
2D SESSION 
H. R. 865 
[Report No. 116–684, Part I] 
To provide for the long-term improvement of public school facilities, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2019 
Mr. SCOTT
of Virginia (for himself, Ms. ADAMS, Mr. AGUILAR, Ms. 
BARRAGA´N, Mrs. BEATTY, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, 
Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BROWN 
of Maryland, Ms. BROWNLEY of California, Mrs. BUSTOS, Mr. CARBAJAL, 
Mr. CARSON of Indiana, Mr. CARTWRIGHT, Mr. CASE, Ms. CASTOR of 
Florida, Mr. CASTRO of Texas, Ms. JUDY CHU of California, Mr. 
CICILLINE, Mr. CISNEROS, Ms. CLARK of Massachusetts, Ms. CLARKE of 
New York, Mr. CLAY, Mr. CLEAVER, Mr. COHEN, Mr. COURTNEY, Mr. 
COSTA, Ms. CRAIG, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. 
DEFAZIO, Mrs. DEMINGS, Mr. DESAULNIER, Mrs. DINGELL, Mr. ENGEL, 
Ms. ESHOO, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Ms. FUDGE, Mr. 
GALLEGO, Mr. GARAMENDI, Mr. GARCI´A of Illinois, Mr. GOMEZ, Mr. 
GONZALEZ
of Texas, Mr. GREEN
of Texas, Mr. GRIJALVA, Ms. 
HAALAND, Mrs. HAYES, Mr. HARDER of California, Mr. HECK, Ms. HILL 
of California, Mr. HIMES, Mr. HORSFORD, Mr. HUFFMAN, Ms. JACKSON 
LEE, Ms. JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. JOHN-
SON of Texas, Ms. KAPTUR, Mr. KEATING, Mr. KENNEDY, Mr. KHANNA, 
Mr. KILDEE, Mr. KILMER, Mr. KIND, Mr. KRISHNAMOORTHI, Ms. 
KUSTER of New Hampshire, Mr. LANGEVIN, Mrs. LAWRENCE, Mr. 
LAWSON of Florida, Ms. LEE of California, Mrs. LEE of Nevada, Mr. 
LEVIN of Michigan, Mr. TED LIEU of California, Mr. LOEBSACK, Ms. 
LOFGREN, Mr. LOWENTHAL, Mr. LUJA´N, Mr. LYNCH, Mrs. CAROLYN B. 
MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Ms. 
MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOV-
ERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. 
MORELLE, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLITANO, Mr. 
NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. 
O’HALLERAN, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PASCRELL, 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
Mr. PAYNE, Mr. PERLMUTTER, Ms. PINGREE, Mr. POCAN, Ms. 
PRESSLEY, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New York, Mr. 
RICHMOND, Mr. ROSE of New York, Ms. ROYBAL-ALLARD, Mr. RUSH, 
Mr. RYAN, Mr. SABLAN, Ms. SA´NCHEZ, Mr. SAN NICOLAS, Mr. SAR-
BANES, Ms. SCANLON, Mr. SCHIFF, Ms. SCHAKOWSKY, Mr. DAVID SCOTT 
of Georgia, Ms. SCHRIER, Ms. SHALALA, Mr. SERRANO, Ms. SEWELL of 
Alabama, Mr. SOTO, Ms. SPANBERGER, Mr. SWALWELL of California, 
Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TLAIB, Mr. TONKO, 
Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Ms. UNDER-
WOOD, Mr. VARGAS, Mr. VELA, Ms. VELA´ZQUEZ, Ms. WASSERMAN 
SCHULTZ, Ms. WATERS, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. 
WILD, Ms. WILSON of Florida, Mr. YARMUTH, and Ms. STEVENS) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor, and in addition to the Committee on Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
DECEMBER 21, 2020 
Additional sponsors: Mr. ALLRED, Mr. VEASEY, Ms. BASS, Ms. MUCARSEL- 
POWELL, Mr. SMITH of Washington, Mr. CUELLAR, Ms. HOULAHAN, Ms. 
FRANKEL, Mr. PETERSON, Mr. SIRES, Mr. KIM, Mr. COX of California, 
Mr. LARSON of Connecticut, Mr. LEVIN of California, Ms. FINKENAUER, 
Mr. SHERMAN, Ms. TITUS, Mr. RUPPERSBERGER, Mr. BISHOP of Geor-
gia, Mr. PHILLIPS, Mrs. AXNE, Mrs. KIRKPATRICK, Mr. MALINOWSKI, 
Mr. HIGGINS of New York, Mr. PAPPAS, Mr. ROUDA, Ms. PORTER, Mr. 
BRINDISI, Mr. DELGADO, Ms. SPEIER, Mr. CROW, Mr. LARSEN of Wash-
ington, Ms. DELBENE, Mr. CRIST, Ms. SLOTKIN, Mr. NEAL, Ms. 
SHERRILL, Mr. LAMB, Mrs. LURIA, Mr. PRICE of North Carolina, Mr. 
CONNOLLY, Ms. TORRES SMALL of New Mexico, Ms. WEXTON, Mr. 
CASTEN of Illinois, Ms. DEAN, Mr. MICHAEL F. DOYLE of Pennsylvania, 
Mr. CA´RDENAS, Mr. LEWIS, Mr. FOSTER, Ms. GABBARD, Mr. CORREA, 
Mr. HASTINGS, Mr. BUTTERFIELD, Mr. THOMPSON of California, Ms. 
KELLY of Illinois, Ms. GARCIA of Texas, Mr. RUIZ, Mr. BEYER, Mr. 
SUOZZI, Mr. VAN DREW, and Ms. PLASKETT 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
DECEMBER 21, 2020 
Reported from the Committee on Education and Labor with amendments 
DECEMBER 21, 2020 
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 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6652
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
A BILL 
To provide for the long-term improvement of public school 
facilities, and for other purposes. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6652
E:\BILLS\H865.RH
H865
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 
‘‘Rebuild America’s Schools Act of 2019’’. 
(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—GENERAL PROVISIONS 
Sec. 301. Allowable uses of funds. 
Sec. 302. Prohibited uses. 
Sec. 303. Green Practices. 
Sec. 304. Use of American iron, steel, and manufactured products. 
Sec. 305. Comptroller general report. 
Sec. 306. Study and report physical condition of public schools. 
Sec. 307. Development of data standards. 
Sec. 308. Information clearinghouse. 
TITLE IV—IMPACT AID CONSTRUCTION 
Sec. 401. Temporary increase in funding for impact aid construction. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1)
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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— 
(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) 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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-
ondary 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 
Commonwealth of Puerto Rico. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Re-
build America’s Schools Act of 2019’’. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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—GENERAL PROVISIONS 
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. 
Sec. 306. Comptroller general report. 
Sec. 307. Study and report physical condition of public schools. 
Sec. 308. Development of data standards. 
Sec. 309. Information clearinghouse. 
Sec. 310. Prohibition on use of funds for facilities of for-profit charter schools. 
Sec. 311. Prohibition on use of funds for certain charter schools. 
Sec. 312. Sense of congress on Opportunity Zones. 
TITLE IV—IMPACT AID CONSTRUCTION 
Sec. 401. Temporary increase in funding for impact aid construction. 
TITLE V—ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS 
AFFECTED BY PYRRHOTITE 
Sec. 501. Allocations to States. 
Sec. 502. Grants to local educational agencies. 
Sec. 503. Definitions. 
Sec. 504. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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). 
(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-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
cept that such term does not include a Bureau-funded 
school. 
(6) PUBLIC
SCHOOL
FACILITIES.—The term 
‘‘public school facilities’’ means the facilities of a pub-
lic elementary school or a public secondary 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. 
(11) ZERO ENERGY SCHOOL.—The term ‘‘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 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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 
2020 through 2029, the Secretary shall reserve, 
from the amount appropriated to carry out this 
title— 
(A) one-half of 1 percent, to provide assist-
ance to the outlying areas; 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.— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(A) IN GENERAL.—Funds reserved under 
paragraph (1) shall be used in accordance with 
sections 301 through 304. 
(B) SPECIAL RULES FOR BUREAU-FUNDED 
SCHOOLS.— 
(i)
APPLICABILITY.—Sections
301 
through 304 shall apply to a Bureau-fund-
ed school that receives assistance under 
paragraph (1)(B) in the same manner that 
such sections 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 fa-
cilities for purposes of the application of 
such sections. 
(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 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
Amendments of 1978 (25 U.S.C. 2021)) 
operated by an Indian Tribe, the Secretary 
of the Interior shall provide assistance 
under such paragraph to the Indian Tribe 
concerned. 
SEC. 102. ALLOCATION TO STATES. 
(a) ALLOCATION TO STATES.— 
(1)
STATE-BY-STATE
ALLOCATION.—Of
the 
amount appropriated to carry out this title for each 
fiscal year and not reserved under section 101(b), 
each State that has a plan approved by the Sec-
retary 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 Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.) for the 
previous fiscal year relative to the total such amount 
received 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 shall include— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(A) providing technical assistance to local 
educational agencies, including by— 
(i) identifying which State agencies 
have programs, resources, and expertise 
relevant to the activities supported by the 
allocation 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 307, 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 Bureau-funded schools, as ap-
propriate), including, with respect to each such 
facility, an identification of— 
(i)
the
information
described
in 
clauses (i) through (vi) of subparagraph 
(F); 
(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 lighting system; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(IV) its windows; 
(V) its ceilings; 
(VI) its plumbing; and 
(VII) its heating, ventilation, and 
air conditioning system; 
(iii) fire safety inspection results; and 
(iv) the proximity of the facilities to 
toxic sites or the vulnerability of the facili-
ties to natural disasters, including the ex-
tent to which facilities that are vulnerable 
to seismic natural disasters are seismically 
retrofitted; 
(C) updating the database developed under 
subparagraph (B) not less frequently than once 
every 2 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; 
(E) issuing and reviewing regulations to 
ensure the health and safety of students and 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
staff during construction or renovation projects; 
and 
(F) issuing or reviewing regulations to en-
sure safe, healthy, and high-performing school 
buildings, including regulations governing— 
(i) indoor air quality and ventilation, 
including exposure to carbon monoxide and 
carbon dioxide; 
(ii) mold, mildew, and moisture con-
trol; 
(iii) the safety of drinking water at 
the tap and water used for meal prepara-
tion, including regulations that— 
(I) address the presence of lead 
and other contaminants in such water; 
and 
(II) require the regular testing of 
the potability of water at the tap; 
(iv) energy and water efficiency; 
(v) excessive classroom noise due to 
activities allowable under section 301; and 
(vi) the levels of maintenance work, 
operational spending, and capital invest-
ment needed to maintain the quality of 
public school facilities; and 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(G) creating a plan to reduce or eliminate 
exposure to toxins and chemicals, including 
mercury, radon, PCBs, lead, vapor intrusions, 
and asbestos. 
(b) STATE PLAN.— 
(1) IN GENERAL.—To be eligible to receive an 
allocation under this section, a State shall submit to 
the Secretary 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) and (c) 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 
(E) includes such other information as the 
Secretary may require. 
(2) APPROVAL
AND
DISAPPROVAL.—The Sec-
retary shall have the authority to approve or dis-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
approve a State plan submitted under paragraph 
(1). 
(c) CONDITIONS.—As a condition of receiving an allo-
cation under this section, a State shall agree to the fol-
lowing: 
(1) MATCHING REQUIREMENT.—The State shall 
contribute, from non-Federal sources, an amount 
equal to 10 percent of the amount of the allocation 
received under this section to carry out the activities 
supported by the allocation. 
(2)
MAINTENANCE
OF
EFFORT.—The
State 
shall provide an assurance to the Secretary that the 
combined fiscal effort per student or the aggregate 
expenditures of the State with respect to the activi-
ties supported by the allocation under this section 
for fiscal years beginning with the fiscal year for 
which the allocation is received will be not less than 
90 percent of the combined fiscal effort or aggregate 
expenditures by the State for such purposes for the 
year preceding the fiscal year for which the alloca-
tion is received. 
(3) 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-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
tion, be made available for the activities supported 
by the allocation, and not to supplant such 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 sec-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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 
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) may be among the local educational 
agencies in the State— 
(i) with the greatest need to improve 
public school facilities, as determined by 
the State, which may include consideration 
of threats posed by the proximity of the fa-
cilities to toxic sites or the vulnerability of 
the facilities to natural disasters; and 
(ii) with the most limited capacity to 
raise funds for the long-term improvement 
of public school facilities, as determined by 
an assessment of— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(I) the current and historic abil-
ity of the agency to raise funds for 
construction,
renovation,
moderniza-
tion, and major repair 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 agen-
cy. 
(2)
GEOGRAPHIC
DISTRIBUTION.—The
State 
shall ensure that grants under this section are 
awarded to qualified local educational agencies that 
represent the geographic diversity of the State. 
(c) PRIORITY
OF GRANTS.—In awarding grants 
under this section, the State— 
(1) shall give priority to qualified local edu-
cational agencies that— 
(A) demonstrate the greatest need for such 
a grant, as determined by a comparison of the 
factors described in subsection (b); 
(B) will use the grant to improve the facili-
ties of— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(i)
elementary
schools
or
middle 
schools that have an enrollment 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.) that constitutes not less than 
40 percent of the total student enrollment 
at such schools; or 
(ii) high schools that have an enroll-
ment 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 enrollment 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 stu-
dents and staff, which may include a threat 
posed by the proximity of the facilities to toxic 
sites or the vulnerability of the facilities to nat-
ural disasters; and 
(2) may give priority to qualified local edu-
cational agencies that— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(A) will use the grant to improve access to 
high-speed broadband sufficient to support dig-
ital learning 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). 
(d) 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— 
(1) the information necessary for the State to 
make the determinations under subsections (b) and 
(c); 
(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-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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. 
(e) 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; 
(B) the physical condition of the public 
school facilities; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(C) the current health, safety, and environ-
mental conditions of the public school facilities, 
including— 
(i) indoor air quality; 
(ii) the presence of hazardous and 
toxic substances and chemicals; 
(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; 
(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; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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— 
(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), the 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
qualified local educational agency shall consult with 
teachers, principals and other school leaders, custo-
dial and maintenance staff, emergency first respond-
ers, school facilities directors, students and families, 
community residents, and Indian Tribes. 
(f) 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. 
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 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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.); 
(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; 
(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. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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. 
(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 
$7,000,000,000 for each of fiscal years 2020 through 
2029 to carry out this title. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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 2020 
through 2029, 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 
sections 301 through 305. 
(B) SPECIAL RULES FOR BUREAU-FUNDED 
SCHOOLS.— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(i) 
APPLICABILITY.—Sections 
301 
through 305 shall apply to a Bureau-funded 
school that receives assistance under para-
graph (1)(B) in the same manner that such 
sections 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 sections. 
(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-
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-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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.—Of 
the 
amount appropriated to carry out this title for each 
fiscal year 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 edu-
cational agencies in the State 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 
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— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(A) shall include— 
(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 sec-
tion; and 
(II) coordinating the provision of 
technical assistance across such agen-
cies; 
(ii) in accordance with the guidance 
issued by the Secretary under section 308, 
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); 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(II) the age (including an identi-
fication of the date of any retrofits or 
recent renovations) of— 
(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 results; 
(IV) the proximity of the facilities 
to toxic sites or the vulnerability of the 
facilities to natural disasters, includ-
ing the extent to which facilities that 
are vulnerable to seismic natural disas-
ters are seismically retrofitted; and 
(V) 
any 
previous 
inspections 
showing the presence of toxic sub-
stances; 
(iii) updating the database developed 
under clause (ii) not less frequently than 
once every 2 years; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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; and 
(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 combustion by- 
products such as oxides of nitrogen; 
(II) mold, mildew, and moisture 
control; 
(III) the safety of drinking water 
at the tap and water used for meal 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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 
(vii) creating a plan to reduce or 
eliminate exposure to toxic substances, in-
cluding mercury, radon, PCBs, lead, vapor 
intrusions, and asbestos; and 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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.—To be eligible to receive an al-
location under 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) and (c) 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 
(E) includes such other information as the 
Secretary may require. 
(2) APPROVAL
AND
DISAPPROVAL.—The Sec-
retary shall have the authority to approve or dis-
approve a State plan submitted under paragraph (1). 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(c) CONDITIONS.—As a condition of receiving an allo-
cation under this section, a State shall agree to the fol-
lowing: 
(1) MATCHING REQUIREMENT.—The State shall 
contribute, from non-Federal sources, an amount 
equal to 10 percent of the amount of the allocation re-
ceived under this section to carry out the activities 
supported by the allocation. 
(2) MAINTENANCE OF EFFORT.—The State shall 
provide an assurance to the Secretary that the com-
bined fiscal effort or the aggregate expenditures of the 
State with respect to the activities supported by the 
allocation under this section for fiscal years beginning 
with the fiscal year for which the allocation is re-
ceived will be not less than 90 percent of the 5 year 
average for total capital outlay of the combined fiscal 
effort or aggregate expenditures by the State for the 
purposes for which the allocation is received. 
(3) SUPPLEMENT
NOT
SUPPLANT.—The State 
shall use an allocation under this section only to sup-
plement the level of Federal, State, and local public 
funds that would, in absence of such allocation, be 
made available for the activities supported by the al-
location, and not to supplant such funds. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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 
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 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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) may be among the local educational 
agencies in the State— 
(i) with the greatest need to improve 
public school facilities, as determined by the 
State, which may include consideration of 
threats posed by the proximity of the facili-
ties to toxic sites or brownfield sites or the 
vulnerability of the facilities to natural dis-
asters; and 
(ii) with the most limited capacity to 
raise funds for the long-term improvement 
of public school facilities, as determined by 
an assessment of— 
(I) the current and historic abil-
ity of the agency to raise funds for con-
struction, renovation, modernization, 
and major repair projects for schools; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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 agen-
cy. 
(2) GEOGRAPHIC
DISTRIBUTION.—The State 
shall ensure that grants under this section are award-
ed to qualified local educational agencies that rep-
resent 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-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6333(c)) as required under paragraph (1)(A). 
(c) PRIORITY OF GRANTS.—In awarding grants under 
this section, the State— 
(1) shall give priority to qualified local edu-
cational agencies that— 
(A) demonstrate the greatest need for such a 
grant, as determined by a comparison of the fac-
tors described in subsection (b)(1) and other in-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
dicators 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 enroll-
ment exceeds physical and instructional ca-
pacity; 
(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 con-
ditions; and 
(B) will use the grant to improve the facili-
ties 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 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 enrollment at such schools; 
or 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(ii) high schools that have an enroll-
ment 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 enrollment 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 a threat posed by the 
proximity of the facilities to toxic sites or the 
vulnerability of the facilities to natural disasters; 
and 
(2) may give priority to qualified local edu-
cational agencies that— 
(A) will use the grant to improve access to 
high-speed broadband sufficient to support dig-
ital learning 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 para-
graph (1). 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(d) 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-
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) and 
(c); 
(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 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-
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. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(e) 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; 
(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; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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 
school facilities, as well as the financial implica-
tions 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 agen-
cy 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 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(G) the dollar amount and percentage of 
funds the local educational agency will dedicate 
to the maintenance and operation of public 
school facilities, including— 
(i) any funds in the budget of the agen-
cy that will be dedicated to the maintenance 
and operation of such facilities; and 
(ii) any funds not in the budget of the 
agency that will be dedicated to the mainte-
nance and operation of such facilities. 
(3) CONSULTATION.—In developing the facilities 
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 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. 
(f) 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 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
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. 
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 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 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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; and 
(E) the estimated number of jobs created by 
the projects. 
(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); 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6203
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(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. 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
There 
are 
authorized 
to 
be 
appropriated 
$7,000,000,000 for each of fiscal years 2020 through 2029 
to carry out this title. 
TITLE II—SCHOOL 
INFRASTRUCTURE BONDS 
SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX 
CREDIT BONDS. 
(a) ALLOWANCE OF CREDIT.— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(1) IN GENERAL.—Section 54A of the Internal 
Revenue Code of 1986, as in effect before repeal by 
Public Law 115–97, is restored as if such repeal had 
not taken effect. 
(2) CREDIT LIMITED TO CERTAIN BONDS.—Sec-
tion 54A(d)(1) of such Code, as restored by para-
graph (1), is amended by striking subparagraphs 
(A), (B), and (C). 
(b) CREDIT ALLOWED TO ISSUER.— 
(1) IN GENERAL.—Section 6431 of the Internal 
Revenue Code of 1986, as in effect before repeal by 
Public Law 115–97, is restored as if such repeal had 
not taken effect. 
(2) SCHOOL
INFRASTRUCTURE
BONDS.—Sec-
tion 6431(f)(3) of such Code, as restored by para-
graph (1), is amended by inserting ‘‘any school in-
frastructure bond (as defined in section 54BB) or’’ 
before ‘‘any qualified tax credit bond’’. 
(c) QUALIFIED ZONE ACADEMY BONDS.— 
(1) IN GENERAL.—Section 54E of the Internal 
Revenue Code of 1986, as in effect before repeal by 
Public Law 115–97, is restored as if such repeal had 
not taken effect. 
(2) REMOVAL
OF
PRIVATE
BUSINESS
CON-
TRIBUTION REQUIREMENT.—Section 54E of the In-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
ternal Revenue Code of 1986, as restored by para-
graph (1), is amended— 
(A) in subsection (a)(3), by inserting 
‘‘and’’ at the end of subparagraph (A), by strik-
ing subparagraph (B), and by redesignating 
subparagraph (C) as subparagraph (B); 
(B) by striking subsection (b); and 
(C) in subsection (c)(1)— 
(i) by striking ‘‘and $400,000,0000’’ 
and inserting ‘‘$400,000,000’’; and 
(ii) by striking ‘‘and, except as pro-
vided’’ and all that follows through the pe-
riod at the end and inserting ‘‘, and 
$1,400,000,000 for 2020 and each year 
thereafter.’’. 
(3) CONSTRUCTION OF A PUBLIC SCHOOL FA-
CILITY.—Section 54E(d)(3)(A) of the Internal Rev-
enue Code of 1986, as restored by paragraph (1), is 
amended by striking ‘‘rehabilitating or repairing’’ 
and inserting ‘‘constructing, rehabilitating, retro-
fitting, or repairing’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after Decem-
ber 31, 2019. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
SEC. 202. SCHOOL INFRASTRUCTURE BONDS. 
(a) IN GENERAL.—The Internal Revenue Code of 
1986 is amended by inserting after subpart I (as restored 
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. 
‘‘(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— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) the sum of the regular tax liability 
(as defined in section 26(b)) plus the tax im-
posed 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 
purposes described in section 301 of the Re-
build America’s Schools Act of 2019, 
‘‘(B) the interest on such obligation would 
(but for this section) be excludable from gross 
income under section 103, 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) the issue meets the requirements of 
paragraph (3), and 
‘‘(D) the issuer designates such bond for 
purposes of this section. 
‘‘(2) APPLICABLE RULES.—For purposes of ap-
plying paragraph (1)— 
‘‘(A) for purposes of section 149(b), a 
school infrastructure bond shall not be treated 
as federally guaranteed by reason of the credit 
allowed under section 6431(a), 
‘‘(B) for purposes of section 148, the yield 
on a school infrastructure bond shall be deter-
mined without regard to the credit allowed 
under subsection (a), and 
‘‘(C) a bond shall not be treated as a 
school infrastructure bond if the issue price has 
more than a de minimis amount (determined 
under rules similar to the rules of section 
1273(a)(3)) of premium over the stated prin-
cipal amount of the bond. 
‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 
‘‘(A) IN
GENERAL.—An issue shall be 
treated as meeting the requirements of this 
paragraph if, as of the date of issuance, the 
issuer reasonably expects 100 percent of the 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
available project proceeds to be spent for pur-
poses described in section 301 of the Rebuild 
America’s Schools Act of 2019 within the 6- 
year period beginning on such date of issuance. 
‘‘(B) 
FAILURE
TO
SPEND
REQUIRED 
AMOUNT
OF
BOND
PROCEEDS
WITHIN
YEARS.—To the extent that less than 100 per-
cent of the available project proceeds of the 
issue are expended at the close of the period de-
scribed in subparagraph (A) with respect to 
such issue, the issuer shall redeem all of the 
nonqualified bonds within 90 days after the end 
of such period. For purposes of this paragraph, 
the amount of the nonqualified bonds required 
to be redeemed shall be determined in the same 
manner as under section 142. 
‘‘(e) LIMITATION
ON AMOUNT
OF BONDS DES-
IGNATED.—The maximum aggregate face amount of 
bonds issued during any calendar year which may be des-
ignated under subsection (d) by any issuer shall not exceed 
the limitation amount allocated under subsection (g) for 
such calendar year to such issuer. 
‘‘(f) NATIONAL LIMITATION ON AMOUNT OF BONDS 
DESIGNATED.—The national qualified school infrastruc-
ture bond limitation for each calendar year is— 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) $10,000,000,000 for 2020, 
‘‘(2) $10,000,000,000 for 2021, and 
‘‘(3) $10,000,000,000 for 2022. 
‘‘(g) ALLOCATION OF LIMITATION.— 
‘‘(1) ALLOCATIONS.— 
‘‘(A) STATES.—After application of sub-
paragraph (B) and paragraph (3)(A), the limi-
tation applicable under subsection (f) for any 
calendar year shall be allocated by the Sec-
retary among the States in proportion to the re-
spective amounts received by all local edu-
cational agencies in each State under part A of 
title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.) for 
the previous fiscal year relative to the total such 
amount received by all local educational agen-
cies in for the most recent fiscal year ending 
before such calendar year. 
‘‘(B) CERTAIN POSSESSIONS.—One-half of 
1 percent of the amount of the limitation appli-
cable under subsection (f) for any calendar year 
shall be allocated by the Secretary to posses-
sions of the United States other than Puerto 
Rico for such calendar year shall be one-half of 
1 percent. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita-
tion amount allocated to a State or possession under 
paragraph (1) shall be allocated by the State edu-
cational agency (or such other agency as is author-
ized under State law to make such allocation) to 
issuers within such State or possession in accord-
ance with the priorities described in section 103(c) 
the of the Rebuild America’s Schools Act of 2019 
and the eligibility requirements described in section 
103(b) of such Act, except that paragraph (1)(C) of 
such section shall not apply to the determination of 
eligibility for such allocation. 
‘‘(3) ALLOCATIONS FOR INDIAN SCHOOLS.— 
‘‘(A) IN GENERAL.—One-half of 1 percent 
of the amount of the limitation applicable under 
subsection (f) for any calendar year shall be al-
located by the Secretary to the Secretary of the 
Interior for schools funded by the Bureau of In-
dian Affairs for such calendar year. 
‘‘(B) ALLOCATION TO SCHOOLS.—The lim-
itation amount allocated to the Secretary of the 
Interior under paragraph (1) shall be allocated 
by such Secretary to issuers or schools funded 
as described in paragraph (2). In the case of 
amounts allocated under the preceding sen-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
tence, Indian tribal governments (as defined in 
section 7701(a)(40)) shall be treated as quali-
fied issuers for purposes of this subchapter. 
‘‘(4) DIGITAL LEARNING.—Up to 10 percent of 
the limitation amount allocated under paragraph (1) 
or (3)(A) may be allocated by the State to issuers 
within such State to carry out activities to improve 
digital learning in accordance with section 301(b) of 
the Rebuild America’s Schools Act of 2019. 
‘‘(h) INTEREST PAYMENT DATE.—For purposes of 
this section, the term ‘interest payment date’ means any 
date on which the holder of record of the school infrastruc-
ture bond is entitled to a payment of interest under such 
bond. 
‘‘(i) SPECIAL RULES.— 
‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE 
BONDS
INCLUDIBLE
IN
GROSS
INCOME
FOR
FED-
ERAL INCOME TAX PURPOSES.—For purposes of this 
title, interest on any school infrastructure bond shall 
be includible in gross income. 
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 
similar to the rules of subsections (f), (g), (h), and 
(i) of section 54A shall apply for purposes of the 
credit allowed under subsection (a).’’. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(b) TRANSITIONAL
COORDINATION
WITH
STATE 
LAW.—Except as otherwise provided by a State after the 
date of the enactment of this Act, the interest on any 
school infrastructure bond (as defined in section 54BB of 
the Internal Revenue Code of 1986, as added by this sec-
tion) and the amount of any credit determined under such 
section with respect to such bond shall be treated for pur-
poses of the income tax laws of such State as being exempt 
from Federal income tax. 
(c) APPLICATION OF CERTAIN LABOR STANDARDS 
TO PROJECTS FINANCED WITH CERTAIN TAX-FAVORED 
BONDS.— 
(1) IN GENERAL.—Subchapter IV of chapter 31 
of the title 40, United States Code, shall apply to 
projects financed with the proceeds of— 
(A) any school infrastructure bond (as de-
fined in section 54BB of the Internal Revenue 
Code of 1986); and 
(B) any qualified zone academy bond (as 
defined in section 54E of the Internal Revenue 
Code of 1986) issued after the date of the en-
actment of the American Recovery and Rein-
vestment Tax Act of 2009. 
(2) CONFORMING AMENDMENT.—Section 1601 
of the American Recovery and Reinvestment Tax 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
Act of 2009 is amended by striking paragraph (3) 
and redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively. 
(d) CLERICAL AMENDMENTS.—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 J—SCHOOL INFRASTRUCTURE BONDS’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after Decem-
ber 31, 2019. 
SEC. 203. ANNUAL REPORT ON BOND 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 of the Treasury shall submit 
to the appropriate congressional committees a report on 
the school infrastructure bond program. 
(b) ELEMENTS.—The report under paragraph (1) 
shall include, with respect to the fiscal year preceding the 
year in which the report is submitted, the following: 
(1) An identification of— 
(A) each local educational agency that re-
ceived funds from a school infrastructure bond; 
and 
(B) each local educational agency that was 
eligible to receive such funds— 
(i) but did not receive such funds; or 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(ii) received less than the maximum 
amount of funds for which the agency was 
eligible. 
(2) With respect to each local educational agen-
cy described in paragraph (1)— 
(A) an assessment of the capacity of the 
agency to raise funds for the long-term im-
provement of public school facilities, as deter-
mined 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, including the abil-
ity of the agency to raise funds through 
imposition of property taxes; 
(ii) whether the agency has been able 
to issue bonds to fund construction 
projects, including— 
(I) qualified zone academy bonds 
under section 54E of the Internal 
Revenue Code of 1986; and 
(II) school infrastructure bonds 
under section 54BB of the Internal 
Revenue Code of 1986; and 
(iii) the bond rating of the agency; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(B) 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.); 
(C) the population density of the geo-
graphic area served by the agency; 
(D) a description of the projects carried 
out with funds received from school infrastruc-
ture bonds; 
(E) a description of the demonstrable or 
expected benefits of the projects; and 
(F) the estimated number of jobs created 
by the projects. 
(3) The total dollar amount of all funds re-
ceived by local educational agencies from school in-
frastructure bonds. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(4) Any other factors that the Secretary of the 
Treasury determines to be appropriate. 
(c) INFORMATION COLLECTION.—A State or local 
educational agency that receives funds from a school infra-
structure bond shall— 
(1) annually compile the information necessary 
for the Secretary of the Treasury to determine the 
elements described in subsection (b); and 
(2) report the information to the Secretary of 
the Treasury at such time and in such manner as 
the Secretary of the Treasury may require. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. ALLOWABLE USES OF FUNDS. 
(a) IN GENERAL.—Except as provided in section 302, 
a local educational agency that receives covered funds may 
use such funds to— 
(1) develop the facilities master plan required 
under section 103(e); 
(2) construct, modernize, renovate, or retrofit 
public school facilities, which may include seismic 
retrofitting for schools vulnerable to seismic natural 
disasters; 
(3) carry out major repairs of public school fa-
cilities; 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(4) install furniture or fixtures with at least a 
10-year life in public school facilities; 
(5) construct new public school facilities; 
(6) acquire and prepare sites on which new 
public school facilities will be constructed; 
(7) extend the life of basic systems and compo-
nents of public school facilities; 
(8) reduce current or anticipated overcrowding 
in public school facilities; 
(9) ensure the building envelopes of public 
school facilities protect occupants and interiors from 
the elements and are structurally sounds and secure; 
(10) improve energy and water efficiency to 
lower the costs of energy and water consumption in 
public school facilities; 
(11) improve indoor air quality in public school 
facilities; 
(12) reduce or eliminate the presence of— 
(A) toxins and chemicals, including mer-
cury, radon, PCBs, lead, and asbestos; 
(B) mold and mildew; or 
(C) rodents and pests; 
(13) ensure the safety of drinking water at the 
tap and water used for meal preparation in public 
school facilities, which may include testing of the po-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
tability of water at the tap for the presence of lead 
and other contaminants; 
(14) bring public school facilities into compli-
ance with applicable fire, health, and safety codes; 
(15) make public school facilities accessible to 
people with disabilities through 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); 
(16) provide instructional program space im-
provements for programs relating to early learning 
(including early learning programs operated by part-
ners of the agency), special education, science, tech-
nology, career and technical education, physical edu-
cation, the arts, and literacy (including library pro-
grams); 
(17) increase the use of public school facilities 
for the purpose of community-based partnerships 
that provide students with academic, health, and so-
cial services; 
(18) ensure the health of students and staff 
during the construction or modernization of public 
school facilities; or 
(19) reduce or eliminate excessive classroom 
noise due to activities allowable under this section. 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS
(b) ALLOWANCE FOR DIGITAL LEARNING.—A local 
educational agency may use funds received under section 
103(a)(2) or proceeds from a school infrastructure bond 
limitation allocated under section 54BB(g) of the Internal 
Revenue Code of 1986 (as added by section 202) to lever-
age existing public programs or public-private partner-
ships to expand access to high-speed broadband sufficient 
for digital learning. 
SEC. 302. PROHIBITED USES. 
A local educational agency that receives covered 
funds may not use such funds for— 
(1) payment of routine and predictable mainte-
nance costs and minor repairs; 
(2) any facility that is primarily used for ath-
letic contests or exhibitions or other events for which 
admission is charged to the general public; 
(3) vehicles; or 
(4) central offices, operation centers, or other 
facilities that are not primarily used to educate stu-
dents. 
SEC. 303. GREEN PRACTICES. 
(a) IN GENERAL.—In a given fiscal year, a local edu-
cational agency that uses covered funds for a new con-
struction project or renovation project shall use not less 
than the applicable percentage (as described in subsection 
VerDate Sep 11 2014 
22:23 Dec 22, 2020
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6401
E:\BILLS\H865.RH
H865
kjohnson on DSK79L0C42PROD with BILLS