(A) by striking ‘‘and $400,000,000’’ and in-
serting ‘‘$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 CONTRIBU-
TION
REQUIREMENT.—Section 54E of the Internal 
Revenue Code of 1986, as revived by paragraph (1) 
and amended by paragraph (2), is amended— 
(A) in subsection (a)(3), by inserting ‘‘and’’ 
at the end of subparagraph (A), by striking sub-
paragraph (B), and by redesignating subpara-
graph (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 FACIL-
ITY.—Section 54E(c)(3)(A) of the Internal Revenue 
Code of 1986, as revived by paragraph (1) and redes-
ignated in paragraph (3)(C), is amended by striking 
‘‘rehabilitating or repairing’’ and inserting ‘‘con-
structing, rehabilitating, retrofitting, or repairing’’. 
(d) CONFORMING AMENDMENT RELATED TO APPLICA-
TION OF CERTAIN LABOR STANDARDS.— 
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(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 Rein-
vestment 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) and re-
designating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply to obligations issued after December 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 sec-
tion 201) of part IV of subchapter A of chapter 1 the fol-
lowing 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 infra-
structure bond on one or more interest payment dates of 
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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 de-
termined 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 inter-
est 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— 
‘‘(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 sub-
part). 
‘‘(2) CARRYOVER
OF
UNUSED
CREDIT.—If the 
credit allowable under subsection (a) exceeds the limi-
tation 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-
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fore the application of paragraph (1) for such suc-
ceeding taxable year). 
‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 
‘‘(1) IN GENERAL.—For purposes of this section, 
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 pur-
poses described in section 301 of the Reopen and 
Rebuild America’s Schools Act of 2021, 
‘‘(B) the interest on such obligation would 
(but for this section) be excludable from gross in-
come under section 103, 
‘‘(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 feder-
ally 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-
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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 principal amount of 
the bond. 
‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 
‘‘(A) IN GENERAL.—An issue shall be treat-
ed as meeting the requirements of this paragraph 
if, as of the date of issuance, the issuer reason-
ably expects 100 percent of the available project 
proceeds to be spent for purposes described in 
section 301 of the Reopen and Rebuild America’s 
Schools Act of 2021 within the 6-year period be-
ginning on such date of issuance. 
‘‘(B) 
FAILURE
TO
SPEND
REQUIRED 
AMOUNT OF BOND PROCEEDS WITHIN 6 YEARS.— 
To the extent that less than 100 percent of the 
available project proceeds of the issue are ex-
pended at the close of the period described 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 
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purposes of this paragraph, the amount of the 
nonqualified bonds required to be redeemed shall 
be determined in the same manner as under sec-
tion 142. 
‘‘(e) LIMITATION
ON
AMOUNT
OF
BONDS
DES-
IGNATED.—The maximum aggregate face amount of bonds 
issued during any calendar year which may be designated 
under subsection (d)(1)(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 infrastructure 
bond limitation for each calendar year is— 
‘‘(1) $10,000,000,000 for 2022, 
‘‘(2) $10,000,000,000 for 2023, and 
‘‘(3) $10,000,000,000 for 2024. 
‘‘(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 a cal-
endar year shall be allocated by the Secretary 
among the States in proportion to the respective 
amounts received by all local educational agen-
cies in each State under part A of title I of the 
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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 re-
ceived by all local educational agencies for the 
most recent fiscal year ending before such cal-
endar year. 
‘‘(B) CERTAIN POSSESSIONS.—One-half of 1 
percent of the amount of the limitation applica-
ble under subsection (f) for a calendar year shall 
be allocated by the Secretary to possessions of the 
United States other than Puerto Rico for such 
calendar year. 
‘‘(2) ALLOCATIONS TO SCHOOLS.—The limitation 
amount allocated to a State or possession under para-
graph (1) shall be allocated by the State educational 
agency (or such other agency as is authorized under 
State law to make such allocation) to issuers within 
such State or possession in accordance with the prior-
ities described in subsections (c) and (d) of section 
103 of the Reopen and Rebuild America’s Schools Act 
of 2021 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 deter-
mination of eligibility for such allocation. 
‘‘(3) ALLOCATIONS FOR INDIAN SCHOOLS.— 
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‘‘(A) IN GENERAL.—One-half of 1 percent of 
the amount of the limitation applicable under 
subsection (f) for any calendar year shall be allo-
cated by the Secretary to the Secretary of the In-
terior for schools funded by the Bureau of Indian 
Affairs for such calendar year. 
‘‘(B) ALLOCATION TO SCHOOLS.—The limi-
tation 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 sentence, 
Indian tribal governments shall be treated as 
qualified 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 (in the case of an amount allocated 
under paragraph (1)) or by the Secretary of the Inte-
rior to issuers or schools funded by the Bureau of In-
dian Affairs (in the case of an amount allocated 
under paragraph (3)(A)) to carry out activities to 
improve digital learning in accordance with section 
301(b) of the Reopen and Rebuild America’s Schools 
Act of 2021. 
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‘‘(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 infrastructure 
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 FEDERAL 
INCOME TAX PURPOSES.—For purposes of this title, 
interest on any school infrastructure bond shall be in-
cludible 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).’’. 
(b) 
CREDIT
ALLOWED
TO
ISSUER.—Section 
6431(f)(3)(A) of such Code, as revived by section 201(b)(1), 
is amended by striking ‘‘means any qualified tax credit 
bond’’ and all that follows through the end of subparagraph 
(A) and inserting ‘‘means any bond if— 
‘‘(A) such bond is— 
‘‘(i) a qualified tax credit bond which 
is a qualified zone academy bond (as de-
fined in section 54E) determined without 
regard to any allocation relating to the na-
tional zone academy bond limitation for 
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years after 2010 or any carryforward of 
any such allocation, or 
‘‘(ii) any school infrastructure bond 
(as defined in section 54BB), and’’. 
(c) APPLICATION OF CERTAIN LABOR STANDARDS.— 
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 this Act. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 6401(b)(1) of the Internal Revenue 
Code of 1986, as amended by section 201(a), is 
amended by striking ‘‘and I’’ and inserting ‘‘I, and 
J’’. 
(2) The table of subparts for part IV of sub-
chapter A of chapter 1 of such Code, as amended by 
section 201(a), 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 December 31, 
2022. 
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 
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of this Act, the Secretary of the Treasury shall submit to 
the appropriate congressional committees a report on the 
amendments made by sections 201 and 202. 
(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 (if any) 
that 
received 
an 
allocation 
under 
section 
54E(b)(2) or 54BB(g) of the Internal Revenue 
Code of 1986, and 
(B) each local educational agency (if any) 
that was eligible to receive such funds but did 
not receive such funds. 
(2) With respect to each local educational agency 
described in paragraph (1)— 
(A) an assessment of the capacity of the 
agency 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, including the abil-
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ity of the agency to raise funds through im-
position 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 Rev-
enue 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, 
(B) the demographic composition of the stu-
dent 
population 
served 
by 
the 
agency, 
disaggregated by— 
(i) race, 
(ii) the number and percentage of stu-
dents counted under section 1124(c) of the 
Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6333(c)), and 
(iii) the number and percentage of stu-
dents who are eligible for a free or reduced 
price lunch under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 
et seq.), 
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(C) the population density of the geographic 
area served by the agency, 
(D) a description of the projects carried out 
with funds received from school infrastructure 
bonds, 
(E) a description of the demonstrable or ex-
pected benefits of the projects, and 
(F) the estimated number of jobs created by 
the projects. 
(3) The total dollar amount of all funds received 
by local educational agencies from school infrastruc-
ture bonds. 
(4) Any other factors that the Secretary of the 
Treasury determines to be appropriate. 
(c) INFORMATION COLLECTION.—A State or local edu-
cational agency that receives an allocation under section 
54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986 
shall— 
(1) annually compile the information necessary 
for the Secretary of the Treasury to determine the ele-
ments 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. 
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(d) SECRETARY OF THE TREASURY.—For purposes of 
this section, the term ‘‘Secretary of the Treasury’’ includes 
the Secretary’s delegate. 
TITLE III—USES OF FUNDS 
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, maintain, and update (as necessary) 
the facilities master plan required under section 
103(f); 
(2) construct, modernize, renovate, or retrofit 
public school facilities, which may include seismic 
retrofitting for schools vulnerable to seismic natural 
disasters; 
(3) decarbonize public school facilities through 
the adoption of all-electric space and water heating 
systems and cooking equipment, including other effi-
ciency improvements and on-site renewable energy in-
stallation; 
(4) carry out major repairs of public school fa-
cilities, including deferred maintenance projects; 
(5) install furniture or fixtures with at least a 
10-year life in public school facilities; 
(6) construct new public school facilities; 
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(7) acquire and prepare sites on which new pub-
lic school facilities will be constructed; 
(8) extend the life of basic systems and compo-
nents of public school facilities; 
(9) ensure current or anticipated enrollment does 
not exceed the physical and instructional capacity of 
public school facilities; 
(10) ensure the building envelopes and interiors 
of public school facilities protect occupants from nat-
ural elements and human threats, and are struc-
turally sound and secure; 
(11) 
compose 
building 
design 
plans 
that 
strengthen the safety and security on school premises 
by utilizing design elements, principles, and tech-
nology that— 
(A) guarantee layers of security throughout 
the school premises; and 
(B) uphold the aesthetics of the school prem-
ises as a learning and teaching environment; 
(12) improve energy and water efficiency to 
lower the costs of energy and water consumption in 
public school facilities; 
(13) improve indoor air quality in public school 
facilities; 
(14) reduce or eliminate the presence of— 
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(A) toxic substances, including mercury, 
radon, PCBs, lead, per- and polyfluoroalkyl sub-
stances, and asbestos; 
(B) mold and mildew; or 
(C) rodents and pests; 
(15) 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-
tability of water at the tap for the presence of lead 
and 
other 
contaminants, 
including 
per- 
and 
polyfluoroalkyl substances; 
(16) bring public school facilities into compli-
ance with applicable fire, health, and safety codes; 
(17) 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); 
(18) 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, music, the arts, and literacy (including li-
brary programs); 
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(19) improving the public school facilities of 
magnet schools, or other instructional programs, de-
signed to increase student diversity and decrease ra-
cial or socioeconomic isolation; 
(20) increase the use of public school facilities for 
the purpose of community-based partnerships that 
provide students with academic, health, and social 
services; 
(21) ensure the health of students and staff dur-
ing the construction or modernization of public school 
facilities; or 
(22) reduce or eliminate excessive classroom 
noise due to activities allowable under this section. 
(b) ALLOWANCE
FOR DIGITAL LEARNING.—A local 
educational agency may use covered funds to leverage exist-
ing public programs or public-private partnerships to ex-
pand access to high-speed broadband sufficient for digital 
learning. 
SEC. 302. PROHIBITED USES. 
(a) IN GENERAL.—A local educational agency that re-
ceives covered funds may not use such funds for— 
(1) payment of routine and predictable mainte-
nance costs and minor repairs; 
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(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 fa-
cilities that are not primarily used to educate stu-
dents. 
(b) ADDITIONAL PROHIBITIONS RELATING TO CHAR-
TER SCHOOLS.—No covered funds may be used— 
(1) for the facilities of a public charter school 
that is operated or managed by a for-profit entity; or 
(2) for the facilities of a public charter school 
if— 
(A) the school leases the facilities from an 
individual or for-profit entity; and 
(B) such individual, or an individual with 
a direct or indirect financial interest in such en-
tity, has a management or governance role in 
such school. 
SEC. 303. REQUIREMENTS FOR HAZARD-RESISTANCE AND 
ENERGY AND WATER CONSERVATION. 
A local educational agency that receives covered funds 
shall ensure that any new construction, modernization, or 
renovation project carried out with such funds meets or ex-
ceeds the requirements of the following: 
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(1) Requirements for such projects set forth in 
the most recent published edition of a nationally rec-
ognized, consensus-based model building code. 
(2) Requirements for such projects set forth in 
the most recent published edition of a nationally rec-
ognized, consensus-based model energy conservation 
code. 
(3) Performance criteria under the WaterSense 
program, established under section 324B of the of the 
Energy Policy and Conservation Act (42 U.S.C. 
6294b), applicable to such projects within a nation-
ally recognized, consensus-based model code. 
(4) Indoor environmental air quality require-
ments applicable to such projects as set forth in the 
most recent published edition of a nationally recog-
nized, consensus-based code or standard. 
SEC. 304. GREEN PRACTICES. 
(a) IN GENERAL.—A local educational agency that 
uses covered funds for a new construction project shall en-
sure that such project for new construction is certified, 
verified, or consistent with the applicable provisions of— 
(1) the United States Green Building Council 
Leadership in Energy and Environmental Design 
green building rating standard (commonly known as 
the ‘‘LEED Green Building Rating System’’); 
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(2) the Living Building Challenge developed by 
the International Living Future Institute; 
(3) a green building rating program developed 
by the Collaborative for High-Performance Schools 
(commonly known as ‘‘CHPS’’) that is CHPS- 
verified; 
(4) the Green Building Initiative Green Globes 
rating system; or 
(5) a program that— 
(A) has standards that are equivalent to or 
more stringent than the standards of a program 
described in paragraphs (1) through (4); 
(B) is adopted by the State or another juris-
diction with authority over the agency; and 
(C) includes a verifiable method to dem-
onstrate compliance with such program. 
SEC. 305. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED PRODUCTS. 
(a) IN GENERAL.—A local educational agency that re-
ceives covered funds shall ensure that any iron, steel, and 
manufactured products used in projects carried out with 
such funds are produced in the United States. 
(b) WAIVER AUTHORITY.— 
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(1) IN GENERAL.—The Secretary may waive the 
requirement of subsection (a) if the Secretary deter-
mines that— 
(A) applying subsection (a) would be incon-
sistent with the public interest; 
(B) iron, steel, and manufactured products 
produced in the United States are not produced 
in a sufficient and reasonably available amount 
or are not of a satisfactory quality; or 
(C) using iron, steel, and manufactured 
products produced in the United States will in-
crease the cost of the overall project by more than 
25 percent. 
(2) PUBLICATION.—Before issuing a waiver 
under paragraph (1), the Secretary shall publish in 
the Federal Register a detailed written explanation of 
the waiver determination. 
(c) CONSISTENCY
WITH
INTERNATIONAL
AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with the obligations of the United States under inter-
national agreements. 
(d) DEFINITIONS.—In this section: 
(1) PRODUCED IN THE UNITED STATES.—The 
term ‘‘produced in the United States’’ means the fol-
lowing: 
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(A) When used with respect to a manufac-
tured product, the product was manufactured in 
the United States and the cost of the components 
of such product that were mined, produced, or 
manufactured in the United States exceeds 60 
percent of the total cost of all components of the 
product. 
(B) When used with respect to iron or steel 
products, or an individual component of a man-
ufactured product, all manufacturing processes 
for such iron or steel products or components, 
from the initial melting stage through the appli-
cation of coatings, occurred in the United States, 
except that the term does not include— 
(i) steel or iron material or products 
manufactured abroad from semi-finished 
steel or iron from the United States; and 
(ii) steel or iron material or products 
manufactured in the United States from 
semi-finished steel or iron of foreign origin. 
(2) MANUFACTURED PRODUCT.—The term ‘‘man-
ufactured product’’ means any construction material 
or end product (as such terms are defined in part 
25.003 of the Federal Acquisition Regulation) that is 
not an iron or steel product, including— 
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(A) electrical components; and 
(B) nonferrous building materials, includ-
ing, aluminum and polyvinylchloride (PVC), 
glass, fiber optics, plastic, wood, masonry, rub-
ber, manufactured stone, any other nonferrous 
metals, and any unmanufactured construction 
material. 
TITLE IV—REPORTS AND OTHER 
MATTERS 
SEC. 401. COMPTROLLER GENERAL REPORT. 
(a) IN GENERAL.—Not later than 2 years after the 
date on which the majority of States receiving allocations 
under section 102 have made subgrants to local educational 
agencies under section 103, the Comptroller General of the 
United States shall submit to the appropriate congressional 
committees a report on the projects carried out with covered 
funds. 
(b) ELEMENTS.—The report under subsection (a) shall 
include an assessment of— 
(1) State activities, including— 
(A) criteria used by each State to determine 
high-need students and facilities for purposes of 
the projects carried out with covered funds; and 
(B) whether the State issued new regula-
tions to ensure the health and safety of students 
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and staff during construction or renovation 
projects or to ensure safe, healthy, and high-per-
forming school buildings; 
(2) the types of projects carried out with covered 
funds, including— 
(A) the square footage of the improvements 
made with covered funds; 
(B) the total cost of each such project; and 
(C) the costs of the project disaggregated by 
the costs for planning, design, construction, site 
purchase, and improvements; 
(3) the geographic distribution of the projects; 
(4) an assessment of the impact of selected 
projects (as identified by the Secretary) on the health 
and safety of school staff and students; and 
(5) how the Secretary or States could make cov-
ered funds more accessible— 
(A) to schools with the highest numbers and 
percentages of students counted under section 
1124(c) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6333(c)); and 
(B) to schools with fiscal challenges in rais-
ing capital for school infrastructure projects. 
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(c) UPDATES.—The Comptroller General shall update 
and resubmit the report under this section to the appro-
priate congressional committees— 
(1) on a date that is between 5 and 6 years after 
the date of the submittal of the first report under this 
section; and 
(2) on a date that is between 10 and 11 years 
after the date of the submittal of such first report. 
SEC. 402. STUDY AND REPORT ON PHYSICAL CONDITION OF 
PUBLIC SCHOOLS. 
(a) STUDY AND REPORT.—Not less frequently than 
once in each 5-year period beginning after the date of the 
enactment of this Act, the Secretary, acting through the Di-
rector of the Institute of Education Sciences, shall— 
(1) carry out a comprehensive study of the phys-
ical conditions of all public schools in each State and 
outlying area; and 
(2) submit a report to the appropriate congres-
sional committees that includes the results of the 
study. 
(b) ELEMENTS.—Each study and report under sub-
section (a) shall include— 
(1) an assessment of— 
(A) the effect of school facility conditions on 
student and staff health and safety; 
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(B) the effect of school facility conditions on 
student academic outcomes; 
(C) the condition of school facilities, set 
forth separately by geographic region; 
(D) the condition of school facilities for eco-
nomically disadvantaged students as well as stu-
dents from major racial and ethnic subgroups; 
(E) the accessibility of school facilities for 
students and staff with disabilities; 
(F) the prevalence of school facilities at 
which student enrollment exceeds the physical 
and instructional capacity of the facility and the 
effect of such excess enrollment on instructional 
quality and delivery of school wraparound serv-
ices; 
(G) the condition of school facilities affected 
by natural disasters; 
(H) the effect that projects carried out with 
covered funds have on the communities in which 
such projects are conducted, including the vital-
ity, jobs, population, and economy of such com-
munities; and 
(I) the ability of building envelopes and in-
teriors of public school facilities to protect occu-
pants from natural elements and human threats; 
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(2) an explanation of any differences observed 
with respect to the factors described in subparagraphs 
(A) through (I) of paragraph (1); and 
(3) a cost estimate for bringing school facilities 
to a state of good repair, as determined by the Sec-
retary. 
SEC. 403. OFFICE OF SCHOOL INFRASTRUCTURE AND SUS-
TAINABILITY. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall estab-
lish within the Department of Education an office to be 
known as the ‘‘Office of School Infrastructure and Sustain-
ability’’ (referred to in this section as the ‘‘Office’’). 
(b) HEAD OF OFFICE.—The head of the Office shall 
be an individual designated by the Secretary. 
(c) DUTIES.—The duties of the Office shall be— 
(1) to advise the Secretary on State plans under 
section 102; 
(2) to serve as a liaison with other departments 
and agencies of the Federal Government on matters 
relating to public school facilities, including the De-
partment of Energy, the Department of Health and 
Human Services, the Department of the Treasury, the 
Federal Emergency Management Agency, and the En-
vironmental Protection Agency; 
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(3) to ensure the Department of Education is 
prepared to meet the requirements of this Act in a 
timely manner; and 
(4) to manage such other programs or initiatives 
affecting public school facilities as the Secretary de-
termines appropriate. 
SEC. 404. DEVELOPMENT OF DATA STANDARDS. 
(a) DATA STANDARDS.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary, in con-
sultation with the officials described in subsection (b), 
shall— 
(1) identify the data that States should collect 
and include in the databases developed under section 
102(a)(2)(B); 
(2) develop standards for the measurement of 
such data; and 
(3) issue guidance to States concerning the col-
lection and measurement of such data. 
(b) OFFICIALS.—The officials described in this sub-
section are— 
(1) the Administrator of the Environmental Pro-
tection Agency; 
(2) the Secretary of Energy; 
(3) the Director of the Centers for Disease Con-
trol and Prevention; and 
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(4) the Director of the National Institute for Oc-
cupational Safety and Health. 
SEC. 405. INFORMATION CLEARINGHOUSE. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary shall estab-
lish a clearinghouse to disseminate information on Federal 
programs and financing mechanisms that may be used to 
assist schools in initiating, developing, and financing— 
(1) energy efficiency projects; 
(2) distributed generation projects; and 
(3) energy retrofitting projects. 
(b) ELEMENTS.—In carrying out subsection (a), the 
Secretary shall— 
(1) consult with the officials described in section 
404(b) to develop a list of Federal programs and fi-
nancing mechanisms to be included in the clearing-
house; and 
(2) coordinate with such officials to develop a 
collaborative education and outreach effort to stream-
line communications and promote the Federal pro-
grams and financing mechanisms included in the 
clearinghouse, which may include the development 
and maintenance of a single online resource that in-
cludes contact information for relevant technical as-
sistance that may be used by States, outlying areas, 
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local educational agencies, and Bureau-funded schools 
effectively access and use such Federal programs and 
financing mechanisms. 
SEC. 406. SENSE OF CONGRESS ON OPPORTUNITY ZONES. 
(a) FINDINGS.—The Congress finds as follows: 
(1) Opportunity Zones were championed by 
prominent leaders of both parties as an innovative 
way to tackle longstanding challenges. 
(2) As of December 2018, 8,763 low-income com-
munities had been designated as Opportunity Zones, 
representing all 50 States, the District of Columbia, 
Puerto Rico, the United States Virgin Islands, and 
American Samoa. 
(3) Schools are integral parts of communities, 
and a key part of communities’ economic and work-
force development efforts could be modernizing school 
facilities. 
(b) SENSE OF CONGRESS.—lt is the sense of the Con-
gress that opportunity zones, when combined with public 
infrastructure investment, can provide an innovative ap-
proach to capital financing that has the potential to un-
leash creativity and help local communities rebuild schools, 
rebuild economics, and get people back to work. 
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TITLE V—IMPACT AID 
CONSTRUCTION 
SEC. 501. TEMPORARY INCREASE IN FUNDING FOR IMPACT 
AID CONSTRUCTION. 
Section 7014(d) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7714(d)) is amended to 
read as follows: 
‘‘(d) CONSTRUCTION.—For the purpose of carrying out 
section 7007, there are authorized to be appropriated 
$100,000,000 for each of fiscal years 2023 through 2027.’’. 
TITLE VI—ASSISTANCE FOR RE-
PAIR OF SCHOOL FOUNDA-
TIONS 
AFFECTED 
BY 
PYRRHOTITE 
SEC. 601. ALLOCATIONS TO STATES. 
(a) IN GENERAL.—Beginning not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall carry out a program under which the Secretary makes 
allocations to States to pay the Federal share of the costs 
of making grants to local educational agencies under section 
602. 
(b) WEBSITE.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall publish, on a 
publicly accessible website of the Department of Education, 
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instructions describing how a State may receive an alloca-
tion under this section. 
SEC. 602. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
(a) IN GENERAL.—From the amounts allocated to a 
State under section 601(a) and contributed by the State 
under subsection (e)(2), the State shall award grants to 
local educational agencies— 
(1) to pay the future costs of repairing concrete 
school foundations damaged by the presence of 
pyrrhotite; or 
(2) to reimburse such agencies for costs incurred 
by the agencies in making such repairs in the five- 
year period preceding the date of enactment of this 
Act. 
(b) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.— 
(1) ELIGIBILITY FOR GRANTS FOR FUTURE RE-
PAIRS.—To be eligible to receive a grant under sub-
section (a)(1), a local educational agency shall— 
(A) with respect to each school for which the 
agency seeks to use grant funds, demonstrate to 
the State that— 
(i) the school is a pyrrhotite-affected 
school; and 
(ii) any laboratory tests, core tests, and 
visual inspections of the school’s foundation 
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used to determine that the school is a 
pyrrhotite-affected school were conducted— 
(I) by a professional engineer li-
censed in the State in which the school 
is located; and 
(II) in accordance with applicable 
State standards or standards approved 
by any independent, nonprofit, or pri-
vate entity authorized by the State to 
oversee construction, testing, or finan-
cial relief efforts for damaged building 
foundations; and 
(B) provide an assurance that— 
(i) the local educational agency will 
use the grant only for the allowable uses de-
scribed in subsection (f)(1); and 
(ii) all work funded with the grant will 
be conducted by a qualified contractor or 
architect licensed in the State. 
(2) 
ELIGIBILITY
FOR
REIMBURSEMENT 
GRANTS.—To be eligible to receive a grant under sub-
section (a)(2), a local educational agency shall dem-
onstrate that it met the requirements of paragraph 
(1) at the time it carried out the project for which the 
agency seeks reimbursement. 
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(c) APPLICATION.— 
(1) IN GENERAL.—A local educational agency 
that seeks a grant under this section shall submit to 
the State an application at such time, in such man-
ner, and containing such information as the State 
may require, which upon approval by the State under 
subsection (d)(1)(A), the State shall submit to the Sec-
retary for approval under subsection (d)(1)(B). 
(2) CONTENTS.—At minimum, each application 
shall include— 
(A) information and documentation suffi-
cient to enable the State to determine if the local 
educational agency meets the eligibility criteria 
under subsection (b); 
(B) in the case of an agency seeking a grant 
under subsection (a)(1), an estimate of the costs 
of carrying out the activities described in sub-
section (f); 
(C) in the case of an agency seeking a grant 
under subsection (a)(2)— 
(i) an itemized explanation of— 
(I) the costs incurred by the agen-
cy in carrying out any activities de-
scribed subsection (f); 
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(II) any amounts contributed 
from other Federal, State, local, or pri-
vate sources for such activities; and 
(ii) the amount for which the local 
educational agency seeks reimbursement; 
and 
(D) the percentage of any costs described in 
subparagraph (B) or (C) that are covered by an 
insurance policy. 
(d) APPROVAL AND DISBURSEMENT.— 
(1) APPROVAL.— 
(A) STATE.—The State shall approve the 
application of each local educational agency for 
submission to the Secretary that— 
(i) submits a complete and correct ap-
plication under subsection (c); and 
(ii) meets the criteria for eligibility 
under subsection (b). 
(B) SECRETARY.—Not later than 60 days 
after receiving an application of a local edu-
cational agency submitted by a State under sub-
section (c)(1), the Secretary shall— 
(i) approve such application, in a case 
in which the Secretary determines that such 
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application meets the requirements of sub-
paragraph (A); or 
(ii) deny such application, in the case 
of an application that does not meet such 
requirements. 
(2) DISBURSEMENT.— 
(A) ALLOCATION.—The Secretary shall dis-
burse an allocation to a State not later than 60 
days after the date on which the Secretary ap-
proves an application under paragraph (1)(B). 
(B) GRANT.—The State shall disburse grant 
funds to a local educational agency not later 
than 60 days after the date on which the State 
receives an allocation under subparagraph (A). 
(e) FEDERAL AND STATE SHARE.— 
(1) FEDERAL SHARE.—The Federal share of each 
grant under this section shall be an amount that is 
not more than 50 percent of the total cost of the 
project for which the grant is awarded. 
(2) STATE SHARE.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), the State share of each grant under this sec-
tion shall be an amount that is not less than 40 
percent of the total cost of the project for which 
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the grant is awarded, which the State shall con-
tribute from non-Federal sources. 
(B) SPECIAL
RULE
FOR
REIMBURSEMENT 
GRANTS.—In the case of a reimbursement grant 
made to a local educational agency under sub-
section (a)(2), a State shall be treated as meeting 
the requirement of subparagraph (A) if the State 
demonstrates that it contributed, from non-Fed-
eral sources, not less than 40 percent of the total 
cost of the project for which the reimbursement 
grant is awarded. 
(f) USES OF FUNDS.— 
(1) ALLOWABLE USES OF FUNDS.—A local edu-
cational agency that receives a grant under this sec-
tion shall use such grant only for costs associated 
with— 
(A) the repair or replacement of the concrete 
foundation 
or 
other 
affected 
areas 
of 
a 
pyrrhotite-affected school in the jurisdiction of 
such agency to the extent necessary— 
(i) to restore the structural integrity of 
the school to the safety and health standards 
established by the professional licensed engi-
neer or architect associated with the project; 
and 
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(ii) to restore the school to the condi-
tion it was in before the school’s foundation 
was damaged due to the presence of 
pyrrhotite; and 
(B) engineering reports, architectural de-
sign, core tests, and other activities directly re-
lated to the repair or replacement project. 
(2) PROHIBITED USES OF FUNDS.—A local edu-
cational agency that receives a grant under this sec-
tion may not use the grant for any costs associated 
with— 
(A) work done to outbuildings, sheds, or 
barns, swimming pools (whether in-ground or 
above-ground), playgrounds or ballfields, or any 
ponds or water features; 
(B) the purchase of items not directly asso-
ciated with the repair or replacement of the 
school building or its systems, including items 
such as desks, chairs, electronics, sports equip-
ment, or other school supplies; or 
(C) any other activities not described in 
paragraph (1). 
(g) LIMITATION.—A local educational agency may not, 
for the same project, receive a grant under both— 
(1) this section; and 
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(2) title I. 
SEC. 603. DEFINITIONS. 
In this title: 
(1) PYRRHOTITE-AFFECTED SCHOOL.—The term 
‘‘pyrrhotite-affected school’’ means an elementary 
school or a secondary school that meets the following 
criteria: 
(A) The school has a concrete foundation. 
(B) Pyrrhotite is present in the school’s con-
crete 
foundation, 
as 
demonstrated 
by 
a 
petrographic or other type of laboratory core 
analysis or core inspection. 
(C) A visual inspection of the school’s con-
crete foundation indicates that the presence of 
pyrrhotite is causing the foundation to deterio-
rate at an unsafe rate. 
(D) A qualified engineer determined that 
the deterioration of the school’s foundation, due 
to the presence of pyrrhotite— 
(i) caused the school to become struc-
turally unsound; or 
(ii) will result in the school becoming 
structurally unsound within the next five 
years. 
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(2) QUALIFIED CONTRACTOR.—The term ‘‘quali-
fied contractor’’ means a contractor who is qualified 
under State law, or approved by any State agency or 
other State-sanctioned independent or nonprofit enti-
ty, to repair or replace residential or commercial 
building foundations that are deteriorating due to the 
presence of pyrrhotite. 
SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title such sums as may be necessary for fiscal year 2023 
and each fiscal year thereafter. 
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Union Calendar No. 467 
117TH CONGRESS 
2D SESSION 
H. R. 604 
[Report No. 117–607, Part I] 
A BILL 
To provide for the long-term improvement of public 
school facilities, and for other purposes. 
DECEMBER 16, 2022 
Committee on Ways and Means discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
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