Resilient Schools Act of 2021
Bill: S.2259 | Sponsor: Sen. Markey, Edward J. (D-MA)
Policy area: Education

Summary:
Resilient Schools Act of 2021
This bill requires the Department of Education (ED) to establish the Climate Change Resiliency Program to increase the resiliency of public schools during climate change-related events, natural disasters, and public health crises.
Further, ED must establish a related grant program for state educational agencies to implement climate resiliency plans or projects in public schools. Grant recipients must use these funds for certain activities, such as improvements to school buildings and grounds, green infrastructure projects, and projects to increase food supply resiliency.
Projects that receive a grant must (1) pay all laborers and mechanics locally prevailing wages, and (2) use only certain U.S.-produced construction materials unless a waiver is secured from ED.

To require the Secretary of Education to establish a Climate Change 
              Resilience Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resilient Schools Act of 2021''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The climate crisis is a current and future danger, and 
        will affect students' learning opportunities if schools are not 
        resilient to climate disasters.
            (2) In order to create a conducive learning environment, 
        schools will need to be resilient to current and future climate 
        disasters.
            (3) Students who live in communities that are most at risk 
        to climate disasters are at higher risk of losing school days 
        to those disasters.
            (4) Students need climate-disaster safe buildings to ensure 
        that they are able to keep learning in the face of climate 
        disasters.
            (5) School resiliency provides an opportunity to create 
        broader climate resiliency in the surrounding community.
            (6) Public schools, more so than any other widely dispersed 
        institution in the United States, lie within frontline 
        communities, low-income communities, and communities of color.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Climate justice.--The term ``climate justice'' means 
        the fair treatment and meaningful involvement of all people, 
        regardless of race, color, culture, national origin, or income, 
        with respect to the development, implementation, and 
        enforcement of policies and projects to ensure that each person 
        enjoys the same degree of protection from the adverse effects 
        of climate change.
            (2) Community resiliency center.--The term ``community 
        resiliency center'' means a center that provides community 
        resources and improves disaster preparedness, response, or 
        recovery in the community and--
                    (A) may conduct, or provide space for, targeted 
                activities such as helping reach community members not 
                well-served by existing resources or preparedness 
                programs, and serving as a shelter or communications 
                center in emergencies, distributing food, energy and 
                other basic needs during or after a disaster, and 
                enabling faster recovery through connecting community 
                members with services; and
                    (B) may distribute food, energy, or other basic 
                needs on an ongoing basis.
            (3) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all people, regardless of race, color, culture, national 
        origin, or income, with respect to the development, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that each person enjoys--
                    (A) the same degree of protection from 
                environmental and health hazards; and
                    (B) equal access to any Federal agency action on 
                justice issues related to the environment in order to 
                have a healthy environment in which to live, learn, 
                work, and recreate.
            (4) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and indigenous communities that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects as compared to 
        other communities.
            (5) Local educational agency; state educational agency.--
        The terms ``local educational agency'' and ``State educational 
        agency'' have the meanings given those terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (6) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        taxation under 501(a) of that Code.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. CLIMATE CHANGE RESILIENCY PROGRAM.

    The Secretary shall establish a Climate Change Resiliency Program 
to--
            (1) increase the resiliency of the United States public 
        school system during--
                    (A) climate change-related events and natural 
                disasters, including extreme weather events, droughts, 
                hurricanes, coastal and inland flooding, sea level 
                rise, increased storm surge, wildfires, mudslides, 
                extreme temperatures, tornadoes, earthquakes, and 
                volcanos; and
                    (B) public health crises;
            (2) increase the ability of the United States public school 
        system to advance climate justice and environmental justice by 
        serving as community resiliency centers;
            (3) build partnerships among local businesses, labor 
        unions, apprenticeship programs, nonprofit organizations, and 
        educators to facilitate applied STEM and social science 
        learning opportunities related to climate resiliency for 
        students and create local jobs; and
            (4) prioritize public educational institutions as centers 
        of innovation and pathways to green collar jobs through 
        investments in vocational and technical education in public 
        schools that connect to labor organization apprenticeships and 
        other high-road jobs.

SEC. 5. GRANT PROGRAM.

    (a) In General.--As part of the Climate Change Resiliency Program 
established under section 4, the Secretary shall establish a program to 
make grants to State educational agencies, in partnership with local 
educational agencies and local nonprofit organizations, for the 
development and implementation of Statewide, regional, or local climate 
resiliency plans or climate resiliency projects for kindergarten 
through grade 12 public schools, with the aim of enabling public 
schools to serve as community resiliency centers.
    (b) Climate Resiliency Plans and Projects.-- Each climate 
resiliency plan or climate resiliency project under subsection (a) 
shall include 1 or more of the following depending on the needs of the 
schools and surrounding communities to be served:
            (1) Improvements to school buildings and grounds, including 
        projects such as--
                    (A) securing and insulating the school envelope, 
                ensuring that the school building can maintain a 
                habitable temperature, and avoid catastrophic damage 
                during climate disasters and power outages;
                    (B) improving air conditioning, monitoring, and 
                purifying via installation of high-efficiency heat 
                pumps that provide both cooling and heating, air 
                purifiers, air filtration systems, and air quality 
                monitoring systems integrated with energy systems and 
                energy efficiency considerations in preparation for 
                future natural hazards and public health crises such as 
                wildfire, smog, extreme heat events, and pandemics;
                    (C) providing integrated solutions that combine any 
                measures related to efficiency, temperature control, 
                air quality, toxic substance remediation, energy 
                storage, and renewable energy;
                    (D) installing on-site distributed generation that 
                combines energy efficient devices, energy storage, and 
                renewable energy to allow the school to access 
                essential energy during power outages and optimize use 
                of on-site and off-site energy sources for emissions 
                reductions;
                    (E) upgrading school kitchen facilities to support 
                the preparation of scratch-cooked student meals that 
                use whole ingredients and are rich in fruits, 
                vegetables, legumes, and whole grains;
                    (F) projects that generate and maintain publicly 
                accessibly integrated sustainability data and building 
                management platforms;
                    (G) improving walkability and accessibility on 
                school grounds and in school buildings; and
                    (H) acquiring relevant disaster response equipment 
                and carrying out disaster response training.
            (2) Green infrastructure projects and projects to increase 
        food supply resiliency, such as--
                    (A) wetlands, drainage ponds, and any other green 
                infrastructure to protect schools from projected severe 
                effects with respect to extreme weather, natural 
                disasters, or climate change-related events, including 
                sea-level rise, flooding, and increased risk of 
                wildfire;
                    (B) green rooftops, walls, and indoor plantings, 
                particularly those that can provide temperature 
                management and air quality improvements;
                    (C) tree plantings and green playgrounds that, at 
                appropriate times, can act as a green space for the 
                community;
                    (D) community gardens that may be used by the 
                school to provide healthy food for students or by the 
                community to provide healthy food for community 
                residents;
                    (E) procurement of local, organic, and sustainably-
                produced food, including a focus on healthy, plant-
                based options; and
                    (F) large scale food composting operations, and 
                other projects to reduce single-use plastic and promote 
                zero-waste options.
            (3) Projects to enable remote learning in the event that a 
        school building is unusable due to a natural disaster, climate- 
        or climate-change related event, severe weather, or infectious 
        disease outbreaks.
            (4) Projects for climate resiliency education, including 
        STEM and social science education and career preparation, such 
        as projects that combine upgrades to school buildings and 
        grounds with career and technical education opportunities.
            (5) Any other type of plan or project carried out by the 
        State educational agency that the Secretary determines will 
        increase the resiliency of a school or school infrastructure 
        provided, operated, or owned by the State educational agency 
        with respect to the events described in section 4(1).
    (c) Priority.--The Secretary shall develop metrics to evaluate 
grant applications and give priority to applications for climate 
resiliency plans or climate resiliency projects that focus on improving 
schools in neighborhoods that experience low air quality, lack green 
space and healthy food, bear higher cumulative pollution burdens, or 
are at high risk of experiencing the adverse effects of climate change.
    (d) Components.--The Secretary, directly or through partnerships 
with States and nonprofit organization, shall provide technical 
assistance to support grantees in developing and implementing climate 
resiliency plans or climate resiliency projects that--
            (1) provide hands-on education and applied STEM and social 
        science learning opportunities to students;
            (2) demonstrate a commitment to provide job training, 
        apprenticeship programs, and contracting opportunities to 
        residents and small businesses owned by residents of the 
        community that the school serves;
            (3) identify and further community priority actions and 
        conduct robust community engagement;
            (4) utilize climate change data for a proactive solutions;
            (5) employ nature-based solutions that focus on protection, 
        restoration, or management of ecological systems to safeguard 
        public health, provide clean air and water, increase natural 
        hazard resilience, and sequester carbon;
            (6) increase equitable outcomes for and support strong 
        partnerships with environmental justice communities and climate 
        vulnerable populations;
            (7) achieve broad and multiple community benefits; and
            (8) monitor project success and maintaining the project 
        into the future.
    (e) Existing Initiatives.--The Secretary may encourage and give 
priority to climate resiliency plans or climate resiliency projects 
that integrate with and inform existing sustainability initiatives, 
such as the Department of Education Green Ribbon Schools program.
    (f) Environmental Health.--The Secretary may develop and encourage 
metrics to support consistent reporting of environmental health best 
practices and other outcomes.
    (g) Coordination With Environmental Protection Agency.--The 
Secretary shall coordinate with the Administrator of the Environmental 
Protection Agency to provide technical guidance or assistance to State 
educational agencies in designing and carrying out climate resiliency 
plans or climate resiliency projects funded by the grant program as 
they relate to healthy schools.
    (h) Coordination With Department of Energy.--The Secretary shall 
coordinate with the Secretary of Energy to develop metrics to evaluate 
grant applications and provide technical assistance to State and local 
educational agencies in designing and carrying out climate resiliency 
plans or climate resiliency projects.
    (i) Environmental Justice Communities.--The Secretary shall ensure 
that not less than 50 percent of funds awarded under this section are 
used for projects located in environmental justice communities.
    (j) Wage Rate Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, all laborers and mechanics employed by contractors and 
        subcontractors on projects funded directly by a grant under 
        this section shall be paid wages at rates not less than those 
        prevailing on projects of a similar character in the locality, 
        as determined by the Secretary of Labor in accordance with 
        subchapter IV of chapter 31 of title 40, United States Code 
        (commonly referred to as the ``Davis-Bacon Act'').
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (k) Use of American Iron, Steel, and Manufactured Products.--
            (1) Definitions.--In this subsection:
                    (A) Manufactured product.--The term ``manufactured 
                product'' means any construction material or end 
                product (as those terms are defined in part 25.003 of 
                the Federal Acquisition Regulation) that is not an iron 
                or steel product, including--
                            (i) electrical components; and
                            (ii) non-ferrous building materials, 
                        including aluminum, polyvinylchloride, glass, 
                        fiber optics, plastic, wood, masonry, rubber, 
                        manufactured stone, any other non-ferrous 
                        metals, and any unmanufactured construction 
                        material.
                    (B) Produced in the united states.--The term 
                ``produced in the United States'' means the following:
                            (i) When used with respect to a 
                        manufactured product, the product was 
                        manufactured in the United States and the cost 
                        of the components of that product that were 
                        mined, produced, or manufactured in the United 
                        States exceeds 60 percent of the total cost of 
                        all components of the product.
                            (ii) When used with respect to iron or 
                        steel products, or an individual component of a 
                        manufactured product, all manufacturing 
                        processes for those iron or steel products or 
                        components, from the initial melting stage 
                        through the application 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; or
                                    (II) steel or iron material or 
                                products manufactured in the United 
                                States from semi-finished steel or iron 
                                of foreign origin.
            (2) Requirements.--A State that receives funds under this 
        section shall ensure that any iron, steel, and manufactured 
        products used in a project carried out with those funds are 
        produced in the United States.
            (3) Waiver authority.--
                    (A) In general.--The Secretary may waive the 
                requirement under paragraph (2) if the Secretary 
                determines that--
                            (i) applying the requirement would be 
                        inconsistent with the public interest;
                            (ii) iron, steel, and manufactured products 
                        produced in the United States are not produced 
                        in a sufficient and reasonably available 
                        quantity or are not of a satisfactory quality; 
                        or
                            (iii) using iron, steel, and manufactured 
                        products produced in the United States will 
                        increase the cost of the applicable overall 
                        project by more than 25 percent.
                    (B) Publication.--Before issuing a waiver under 
                subparagraph (A), the Secretary shall publish in the 
                Federal Register a detailed written explanation of the 
                waiver determination.
            (4) Consistency with international agreements.--This 
        subsection shall be applied in a manner consistent with the 
        obligations of the United States under international 
        agreements.

SEC. 6. REPORT.

    Not later than 2 years after the date of enactment of this Act, and 
annually thereafter, the Secretary shall submit to Congress a report 
that evaluates the effectiveness of the activities carried out under 
this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Department of Education to carry out this Act $4,000,000,000 for each 
of fiscal years 2022 through 2032.
    (b) Limitation.--Not more than 5 percent of the funds appropriated 
to carry out this Act shall be used for projects described in section 
5(b)(3).
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