II 117th CONGRESS 1st Session S. 945 IN THE SENATE OF THE UNITED STATES March 24, 2021 Ms. Hirono (for herself, Mrs. Gillibrand , Ms. Smith , Ms. Klobuchar , Ms. Baldwin , Mr. Padilla , Mrs. Feinstein , Mr. Heinrich , Ms. Duckworth , Mr. Tester , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide temporary impact aid construction grants to eligible local educational agencies, and for other purposes.

1. Short title This Act may be cited as the Impact Aid Infrastructure Act . 2. Impact aid construction grants authorized (a) Funding and sunset (1) Authorization of appropriations There are authorized to be appropriated $1,000,000,000 for fiscal year 2022 to carry out this Act. (2) Supplemental funding The amount authorized under paragraph (1) shall be in addition to any amounts authorized to be appropriated or otherwise made available to carry out section 7007 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707 ). (3) Availability of funds Any amounts appropriated under paragraph (1) shall remain available until expended. (4) Sunset The authority to award grants under this Act shall expire at the end of the 3-year period beginning on the date on which funds are first made available to award a grant under this Act. (b) Reservation for management and oversight From the funds appropriated under subsection (a)(1), the Secretary of Education may reserve not more than half of 1 percent for management and oversight of the activities carried out with those funds. (c) Formula grants (1) In general From 40 percent of the funds appropriated under subsection (a)(1) and not reserved under subsection (b), the Secretary of Education shall make payments in accordance with section 7007(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(a) ). (2) Special rule The Secretary of Education when calculating the total number of weighted student units as described in paragraph (3)(A)(i)(II) of section 7007(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(a) ) shall include the total number of weighted student units of children described in subparagraphs (B) and (D)(i) of section 7003(a)(1) of such Act for all local educational agencies not meeting the requirements as described in section 7007(a)(2)(B) of such Act but that meet the requirements of section 572(a)(2) of the National Defense Authorization Act for Fiscal Year 2006 ( 20 U.S.C. 7703b ). (d) Competitive grants From 60 percent of the funds appropriated under subsection (a)(1) and not reserved under subsection (b), the Secretary of Education— (1) shall award emergency grants in accordance with section 7007(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b) ), except as otherwise provided in this Act; and (2) may award modernization grants in accordance with section 7007(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b) ), except as otherwise provided in this Act. 3. Eligibility (a) Eligibility for emergency grants (1) In general For purposes of receiving an emergency grant under section 2(d)(1), in addition to a local educational agency that meets the eligibility requirements for the award of such a grant under any of subparagraphs (A), (C), or (D) of section 7007(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b)(3) ), a local educational agency that meets the requirements described in paragraph (2) (without regard to whether the agency meets any of the requirements of such subparagraphs (A), (C), or (D)), shall be eligible for such a grant. (2) Requirements A local educational agency meets the requirements of this paragraph, if such agency has— (A) a total taxable assessed value of real property that may be taxed for school purposes of less than $100,000,000; or (B) an assessed value of real property per student that may be taxed for school purposes that is less than the average of the assessed value of real property per student that may be taxed for school purposes in the State in which the local educational agency is located. (b) Eligibility for modernization grants (1) In general For purposes of receiving a modernization grant under section 2(d)(2), in addition to a local educational agency that meets the eligibility requirements for the award of such a grant under any of subparagraphs (B), (C), or (D) of section 7007(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b)(3) ), a local educational agency that meets the requirements described in paragraph (2) (without regard to whether the agency meets any of the requirements of such subparagraphs (B), (C), or (D)), shall be eligible for such a grant. (2) Requirements A local educational agency meets the requirements of this paragraph, if such agency has— (A) a total taxable assessed value of real property that may be taxed for school purposes of less than $100,000,000; or (B) an assessed value of real property per student that may be taxed for school purposes that is less than the average of the assessed value of real property per student that may be taxed for school purposes in the State in which the local educational agency is located. (c) Local educational agency defined In this section, the term local educational agency has the meaning given the term in section 7013 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713 ). 4. Inapplicability of certain provisions Clauses (i) and (vi) of section 7007(b)(5)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b)(5)(A) ) shall not apply to grants made under section 2(d).