(2) on a date that is between 10 and 11 years 
after such date of enactment. 
SEC. 306. STUDY AND REPORT 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 
Director of the Institute of Education Sciences, shall— 
(1) carry out a comprehensive study of the 
physical conditions of all public schools in the 
United States; and 
(2) submit a report to the appropriate congres-
sional committees that includes that results of the 
study. 
(b) ELEMENTS.—Each study and report under sub-
section (a) shall include an assessment of— 
(1) the effect of school facility conditions on 
student and staff health and safety; 
(2) the effect of school facility conditions on 
student academic outcomes; 
(3) the condition of school facilities, set forth 
separately by geographic region; 
(4) the condition of school facilities for eco-
nomically disadvantaged students as well as students 
from major racial and ethnic subgroups; 
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(5) the accessibility of school facilities for stu-
dents and staff with disabilities; and 
(6) an explanation of any differences observed 
with respect to the factors described in paragraphs 
(1) through (5) between local educational agencies 
that received covered funds and agencies that did 
not receive such funds. 
SEC. 307. DEVELOPMENT OF DATA STANDARDS. 
(a) DATA STANDARDS.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary, 
in consultation 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 
Protection Agency; 
(2) the Secretary of Energy; 
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(3) the Director of the Centers for Disease 
Control and Prevention; and 
(4) the Director of the National Institute for 
Occupational Safety and Health. 
SEC. 308. INFORMATION CLEARINGHOUSE. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary shall es-
tablish a clearinghouse to disseminate information on Fed-
eral programs and financing mechanisms that may be 
used to assist schools in initiating, developing, and financ-
ing— 
(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 sec-
tion 307(b) to develop a list of Federal programs 
and financing mechanisms to be included in the 
clearinghouse; and 
(2) coordinate with such officials to develop a 
collaborative
education
and
outreach
effort
to 
streamline communications and promote the Federal 
programs and financing mechanisms included in the 
clearinghouse, which may include the development 
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and maintenance of a single online resource that in-
cludes contact information for relevant technical as-
sistance that may be used by States, local edu-
cational agencies, and schools to effectively access 
and use such Federal programs and financing mech-
anisms. 
TITLE IV—IMPACT AID 
CONSTRUCTION 
SEC. 401. 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 appro-
priated— 
‘‘(1) $18,756,765 for fiscal year 2020; 
‘‘(2) $50,406,000 for each of fiscal years 2021 
and 2022; and 
‘‘(3) $52,756,765 for fiscal year 2023.’’. 
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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; 
(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 pub-
lic school facilities will be constructed; 
(7) extend the life of basic systems and compo-
nents of public school facilities; 
(8) ensure current or anticipated enrollment does 
not exceed the physical and instructional capacity of 
public school facilities; 
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(9) ensure the building envelopes and interiors of 
public school facilities protect occupants from natural 
elements and human threats, and are structurally 
sound and secure; 
(10) 
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; 
(11) improve energy and water efficiency to 
lower the costs of energy and water consumption in 
public school facilities; 
(12) improve indoor air quality in public school 
facilities; 
(13) reduce or eliminate the presence of— 
(A) toxic substances, including mercury, 
radon, PCBs, lead, and asbestos; 
(B) mold and mildew; or 
(C) rodents and pests; 
(14) 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-
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tability of water at the tap for the presence of lead 
and other contaminants; 
(15) bring public school facilities into compli-
ance with applicable fire, health, and safety codes; 
(16) 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); 
(17) 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); 
(18) increase the use of public school facilities for 
the purpose of community-based partnerships that 
provide students with academic, health, and social 
services; 
(19) ensure the health of students and staff dur-
ing the construction or modernization of public school 
facilities; or 
(20) reduce or eliminate excessive classroom 
noise due to activities allowable under this section. 
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(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 lim-
itation allocated under section 54BB(g) of the Internal Rev-
enue Code of 1986 (as added by section 202) to leverage 
existing public programs or public-private partnerships 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 fa-
cilities that are not primarily used to educate stu-
dents. 
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 
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renovation project carried out with such funds meets or ex-
ceeds the requirements of the following: 
(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. 
SEC. 304. GREEN PRACTICES. 
(a) IN GENERAL.—In a given fiscal year, a local edu-
cational agency that uses covered funds for a new construc-
tion project or renovation project shall use not less than 
the applicable percentage (as described in subsection (b)) 
of the funds used for such project for construction or renova-
tion that is certified, verified, or consistent with the appli-
cable provisions of— 
(1) the United States Green Building Council 
Leadership in Energy and Environmental Design 
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green building rating standard (commonly known as 
the ‘‘LEED Green Building Rating System’’); 
(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 International Green Construction Code; 
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 (3); 
(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. 
(b) APPLICABLE PERCENTAGE.—The applicable per-
centage described in this subsection is— 
(1) for fiscal year 2020, 60 percent; 
(2) for fiscal year 2021, 70 percent; 
(3) for fiscal year 2022; 80 percent; 
(4) for fiscal year 2023, 90 percent; and 
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(5) for each of fiscal years 2024 through 2029, 
100 percent. 
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.— 
(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 
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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: 
(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— 
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(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— 
(A) electrical components; and 
(B) non-ferrous building materials, includ-
ing, aluminum and polyvinylchloride (PVC), 
glass, fiber optics, plastic, wood, masonry, rub-
ber, manufactured stone, any other non-ferrous 
metals, and any unmanufactured construction 
material. 
SEC. 306. COMPTROLLER GENERAL REPORT. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the appropriate con-
gressional committees a report on the projects carried out 
with covered funds. 
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(b) ELEMENTS.—The report under subsection (a) shall 
include an assessment of— 
(1) State activities, including— 
(A) the types of public school facilities data 
collected by each State, if any; 
(B) technical assistance with respect to pub-
lic school facilities provided by each State, if 
any; 
(C) future plans of each State with respect 
to public school facilities; 
(D) criteria used by each State to determine 
high-need students and facilities for purposes of 
the projects carried out with covered funds; and 
(E) whether the State issued new regula-
tions to ensure the health and safety of students 
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 cost described in subparagraph (B), 
disaggregated by, with respect to such project, the 
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cost of planning, design, construction, site pur-
chase, and improvements; 
(3) the geographic distribution of the projects; 
(4) the demographic composition of the student 
population served by the projects, disaggregated by— 
(A) race; 
(B) the number and percentage of students 
counted under section 1124(c) of the Elementary 
and Secondary Education Act of 1965 (20 USC 
6333(c)); and 
(C) the number and percentage of students 
who are eligible for a free or reduced price lunch 
under the Richard B. Russell National School 
Lunch Act (42 USC 1751 et seq.); 
(5) an assessment of the impact of the projects on 
the health and safety of school staff and students; and 
(6) 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 to the appropriate congressional 
committees— 
(1) on a date that is between 5 and 6 years after 
the date of the enactment of this Act; and 
(2) on a date that is between 10 and 11 years 
after such date of enactment. 
SEC. 307. STUDY AND REPORT 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 the 50 States, 
the District of Columbia, the Commonwealth of Puer-
to Rico, the United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the 
Northern Mariana Islands; 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— 
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(A) the effect of school facility conditions on 
student and staff health and safety; 
(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 
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(I) the ability of building envelopes and in-
teriors of public school facilities to protect occu-
pants from natural elements and human threats; 
(2) an explanation of any differences observed 
with respect to the factors described in subparagraphs 
(A) through (H) 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. 308. 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)(A)(ii); 
(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; 
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(2) the Secretary of Energy; 
(3) the Director of the Centers for Disease Con-
trol and Prevention; and 
(4) the Director of the National Institute for Oc-
cupational Safety and Health. 
SEC. 309. 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 
308(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 
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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, 
local educational agencies, and Bureau-funded schools 
effectively access and use such Federal programs and 
financing mechanisms. 
SEC. 310. PROHIBITION ON USE OF FUNDS FOR FACILITIES 
OF FOR-PROFIT CHARTER SCHOOLS. 
No covered funds may be used for the facilities of a 
public charter school that is operated by a for-profit entity. 
SEC. 311. PROHIBITION ON USE OF FUNDS FOR CERTAIN 
CHARTER SCHOOLS. 
No covered funds may be used for the facilities of a 
public charter school if— 
(1) the school leases the facilities from an indi-
vidual or private sector entity; and 
(2) such individual, or an individual with a di-
rect or indirect financial interest in such entity, has 
a management or governance role in such school. 
SEC. 312. 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. 
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(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, 
Pue1io Rico, the U.S. 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. 
TITLE IV—IMPACT AID 
CONSTRUCTION 
SEC. 401. 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 2020 through 2024.’’. 
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TITLE V—ASSISTANCE FOR RE-
PAIR OF SCHOOL FOUNDA-
TIONS 
AFFECTED 
BY 
PYRRHOTITE 
SEC. 501. 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 
502. 
(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, 
instructions describing how a State may receive an alloca-
tion under this section. 
SEC. 502. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
(a) IN GENERAL.—From the amounts allocated to a 
State under section 501(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 
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(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 ELIGIBLITY.— 
(1) ELIGIBLITY 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 
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, non-profit, or pri-
vate entity authorized by the State to 
oversee construction, testing, or finan-
VerDate Sep 11 2014 
22:23 Dec 22, 2020
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H865
kjohnson on DSK79L0C42PROD with BILLS