[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 96 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 96

 To provide for the long-term improvement of public school facilities, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

 Mr. Reed (for himself, Mr. Brown, Mr. Merkley, Ms. Cortez Masto, Mr. 
Cardin, Ms. Smith, Mr. Booker, Mr. Van Hollen, Mr. Murphy, Ms. Hirono, 
     Ms. Rosen, Mrs. Gillibrand, Mr. Whitehouse, Mrs. Shaheen, Ms. 
     Klobuchar, Mr. Lujan, Mr. Casey, Mr. Durbin, Ms. Warren, Mr. 
  Blumenthal, Ms. Hassan, Ms. Duckworth, Mr. Heinrich, Mr. Leahy, Mr. 
Coons, and Ms. Stabenow) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide for the long-term improvement of public school facilities, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reopen and Rebuild 
America's Schools Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
    TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL 
                               FACILITIES

Sec. 101. Purpose and reservation.
Sec. 102. Allocation to States.
Sec. 103. Need-based grants to qualified local educational agencies.
Sec. 104. Annual report on grant program.
Sec. 105. Authorization of appropriations.
                 TITLE II--SCHOOL INFRASTRUCTURE BONDS

Sec. 201. Restoration of certain qualified tax credit bonds.
Sec. 202. School infrastructure bonds.
Sec. 203. Annual report on bond program.
                        TITLE III--USES OF FUNDS

Sec. 301. Allowable uses of funds.
Sec. 302. Prohibited uses.
Sec. 303. Requirements for hazard-resistance and energy and water 
                            conservation.
Sec. 304. Green Practices.
Sec. 305. Use of American iron, steel, and manufactured products.
                  TITLE IV--REPORTS AND OTHER MATTERS

Sec. 401. Comptroller General report.
Sec. 402. Study and report on physical condition of public schools.
Sec. 403. Development of data standards.
Sec. 404. Information clearinghouse.
                    TITLE V--IMPACT AID CONSTRUCTION

Sec. 501. Temporary increase in funding for impact aid construction.
   TITLE VI--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY 
                               PYRRHOTITE

Sec. 601. Allocations to States.
Sec. 602. Grants to local educational agencies.
Sec. 603. Definitions.
Sec. 604. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Education and Labor of the House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate.
            (2) Bureau-funded school.--The term ``Bureau-funded 
        school'' has the meaning given that term in section 1141 of the 
        Education Amendments of 1978 (25 U.S.C. 2021).
            (3) Covered funds.--The term ``covered funds'' means funds 
        received--
                    (A) under title I of this Act;
                    (B) from a school infrastructure bond; or
                    (C) from a qualified zone academy bond (as such 
                term is defined in section 54E of the Internal Revenue 
                Code of 1986 (as restored by section 201)).
            (4) ESEA terms.--The terms ``elementary school'', 
        ``outlying area'', and ``secondary school'' have the meanings 
        given those terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (5) Local educational agency.--The term ``local educational 
        agency'' has the meaning given that term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) 
        except that such term does not include a Bureau-funded school.
            (6) Public school facilities.--The term ``public school 
        facilities'' means the facilities of a public elementary school 
        or a public secondary school.
            (7) Qualified local educational agency.--The term 
        ``qualified local educational agency'' means a local 
        educational agency that receives funds under part A of title I 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311 et seq.).
            (8) School infrastructure bond.--The term ``school 
        infrastructure bond'' has the meaning given such term in 
        section 54BB of the Internal Revenue Code of 1986 (as added by 
        section 202).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (10) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.
            (11) Zero energy school.--The term ``zero energy school'' 
        means a public elementary school or public secondary school 
        that--
                    (A) generates renewable energy on-site; and
                    (B) on an annual basis, exports an amount of such 
                renewable energy that equals or exceeds the total 
                amount of renewable energy that is delivered to the 
                school from outside sources.

    TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL 
                               FACILITIES

SEC. 101. PURPOSE AND RESERVATION.

    (a) Purpose.--Funds made available under this title shall be for 
the purpose of supporting long-term improvements to public school 
facilities in accordance with this Act.
    (b) Reservation for Outlying Areas and Bureau-Funded Schools.--
            (1) In general.--For each of fiscal years 2022 through 
        2026, the Secretary shall reserve, from the amount appropriated 
        to carry out this title--
                    (A) one-half of 1 percent, to make allocations to 
                the outlying areas in accordance with paragraph (3); 
                and
                    (B) one-half of 1 percent, for payments to the 
                Secretary of the Interior to provide assistance to 
                Bureau-funded schools.
            (2) Use of reserved funds.--
                    (A) In general.--Funds reserved under paragraph (1) 
                shall be used in accordance with title III.
                    (B) Special rules for bureau-funded schools.--
                            (i) Applicability.--The provisions of title 
                        III shall apply to a Bureau-funded school that 
                        receives assistance under paragraph (1)(B) in 
                        the same manner that such provisions apply to a 
                        qualified local educational agency that 
                        receives covered funds. The facilities of a 
                        Bureau-funded school shall be treated as public 
                        school facilities for purposes of the 
                        application of such provisions.
                            (ii) Treatment of tribally operated 
                        schools.--The Secretary of the Interior shall 
                        provide assistance to Bureau-funded schools 
                        under paragraph (1)(B) without regard to 
                        whether such schools are operated by the Bureau 
                        of Indian Education or by an Indian Tribe. In 
                        the case of a Bureau-funded school that is a 
                        contract or grant school (as that term is 
                        defined in section 1141 of the Education 
                        Amendments of 1978 (25 U.S.C. 2021)) operated 
                        by an Indian Tribe, the Secretary of the 
                        Interior shall provide assistance under such 
                        paragraph to the Indian Tribe concerned.
            (3) Allocation to outlying areas.--From the amount reserved 
        under paragraph (1)(A) for a fiscal year, the Secretary shall 
        allocate to each outlying area an amount in proportion to the 
        amount received by the outlying area under part A of title I of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311 et seq.) for the previous fiscal year relative to the 
        total such amount received by all outlying areas for such 
        previous fiscal year.

SEC. 102. ALLOCATION TO STATES.

    (a) Allocation to States.--
            (1) State-by-state allocation.--
                    (A) Fiscal year 2022.--Of the amount appropriated 
                to carry out this title for fiscal year 2022 and not 
                reserved under section 101(b), not later than 30 days 
                after such funds are appropriated, each State that 
                provides an assurance to the Secretary that the State 
                will comply with the requirements of subsection (c) 
                shall be allocated an amount in proportion to the 
                amount received by all local educational agencies in 
                the State under part A of title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311 et 
                seq.) for the previous fiscal year relative to the 
                total amount received under such part for such fiscal 
                year by all local educational agencies in every State 
                that provides such an assurance to the Secretary.
                    (B) Other fiscal years.--Of the amount appropriated 
                to carry out this title for each fiscal year other than 
                fiscal year 2022 and not reserved under section 101(b), 
                each State that has a plan approved by the Secretary 
                under subsection (b) shall be allocated an amount in 
                proportion to the amount received by all local 
                educational agencies in the State under part A of title 
                I of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311 et seq.) for the previous fiscal year 
                relative to the total amount received under such part 
                for such fiscal year by all local educational agencies 
                in every State that has a plan approved by the 
                Secretary under subsection (b).
            (2) State reservation.--A State may reserve not more than 1 
        percent of its allocation under paragraph (1) to carry out its 
        responsibilities under this Act, which--
                    (A) shall include--
                            (i) providing technical assistance to local 
                        educational agencies, including by--
                                    (I) identifying which State 
                                agencies have programs, resources, and 
                                expertise relevant to the activities 
                                supported by the allocation under this 
                                section; and
                                    (II) coordinating the provision of 
                                technical assistance across such 
                                agencies;
                            (ii) in accordance with the guidance issued 
                        by the Secretary under section 403, developing 
                        an online, publicly searchable database that 
                        contains an inventory of the infrastructure of 
                        all public school facilities in the State 
                        (including the facilities of Bureau-funded 
                        schools, as appropriate), including, with 
                        respect to each such facility, an 
                        identification of--
                                    (I) the information described in 
                                subclauses (I) through (VII) of clause 
                                (vi);
                                    (II) the age (including an 
                                identification of the date of any 
                                retrofits or recent renovations) of--
                                            (aa) the facility;
                                            (bb) its roof;
                                            (cc) its lighting system;
                                            (dd) its windows;
                                            (ee) its ceilings;
                                            (ff) its plumbing; and
                                            (gg) its heating, 
                                        ventilation, and air 
                                        conditioning system;
                                    (III) fire safety inspection 
                                results;
                                    (IV) the proximity of the 
                                facilities to toxic sites or the 
                                vulnerability of the facilities to 
                                natural disasters, including the extent 
                                to which facilities that are vulnerable 
                                to seismic natural disasters are 
                                seismically retrofitted;
                                    (V) any previous inspections 
                                showing the presence of toxic 
                                substances; and
                                    (VI) any improvements that are 
                                needed to support indoor and outdoor 
                                social distancing, personal hygiene, 
                                and building hygiene (including with 
                                respect to heating, ventilation, and 
                                air conditioning usage) in school 
                                facilities, consistent with guidance 
                                issued by the Centers for Disease 
                                Control and Prevention;
                            (iii) updating the database developed under 
                        clause (ii) not less frequently than once every 
                        2 years;
                            (iv) ensuring that the information in the 
                        database developed under clause (ii)--
                                    (I) is posted on a publicly 
                                accessible State website; and
                                    (II) is regularly distributed to 
                                local educational agencies and Tribal 
                                governments in the State;
                            (v) issuing and reviewing regulations to 
                        ensure the health and safety of students and 
                        staff during construction or renovation 
                        projects;
                            (vi) issuing or reviewing regulations to 
                        ensure safe, healthy, and high-performing 
                        school buildings, including regulations 
                        governing--
                                    (I) indoor environmental quality 
                                and ventilation, including exposure to 
                                carbon monoxide, carbon dioxide, lead-
                                based paint, and other combustion by-
                                products such as oxides of nitrogen;
                                    (II) mold, mildew, and moisture 
                                control;
                                    (III) the safety of drinking water 
                                at the tap and water used for meal 
                                preparation, including regulations 
                                that--
                                            (aa) address the presence 
                                        of lead and other contaminants 
                                        in such water; and
                                            (bb) require the regular 
                                        testing of the potability of 
                                        water at the tap;
                                    (IV) energy and water efficiency;
                                    (V) excessive classroom noise due 
                                to activities allowable under section 
                                301;
                                    (VI) the levels of maintenance 
                                work, operational spending, and capital 
                                investment needed to maintain the 
                                quality of public school facilities; 
                                and
                                    (VII) the construction or 
                                renovation of such facilities, 
                                including applicable building codes; 
                                and
                            (vii) creating a plan to reduce or 
                        eliminate exposure to toxic substances, 
                        including mercury, radon, PCBs, lead, vapor 
                        intrusions, and asbestos; and
                    (B) may include the development of a plan to 
                increase the number of zero energy schools in the 
                State.
    (b) State Plan.--
            (1) In general.--Except as provided in paragraph (2), to be 
        eligible to receive an allocation under this section, a State 
        shall submit to the Secretary a plan that--
                    (A) describes how the State will use the allocation 
                to make long-term improvements to public school 
                facilities;
                    (B) explains how the State will carry out each of 
                its responsibilities under subsection (a)(2);
                    (C) explains how the State will make the 
                determinations under subsections (b) through (d) of 
                section 103;
                    (D) identifies how long, and at what levels, the 
                State will maintain fiscal effort for the activities 
                supported by the allocation after the State no longer 
                receives the allocation; and
                    (E) includes such other information as the 
                Secretary may require.
            (2) Expedited process for fiscal year 2022.--
                    (A) Assurance to secretary.--To be eligible to 
                receive an allocation for fiscal year 2022 under 
                section 101(a)(1)(A), a State shall provide to the 
                Secretary an assurance that the State will comply with 
                the requirements of section 103(c).
                    (B) Submittal of state plan.--A State shall not be 
                required to submit a State plan under paragraph (1) 
                before receiving an allocation for fiscal year 2022 
                under subsection (a)(1)(A). A State that receives an 
                allocation under such section for such fiscal year 
                shall submit to the Secretary the State plan described 
                in paragraph (1) not later than 90 days after the date 
                on which such allocation is received.
            (3) Approval and disapproval.--The Secretary shall have the 
        authority to approve or disapprove a State plan submitted under 
        paragraph (1).
    (c) Conditions.--As a condition of receiving an allocation under 
this section, a State shall agree to the following:
            (1) Matching requirement.--
                    (A) In general.--The State shall contribute, from 
                non-Federal sources, an amount equal to 10 percent of 
                the amount of the allocation received under this 
                section to carry out the activities supported by the 
                allocation.
                    (B) Deadline.--The State shall provide any 
                contribution required under subparagraph (A) not later 
                than September 30, 2030.
                    (C) Certain fiscal years.--With respect to a fiscal 
                year for which more than $7,000,000,000 are 
                appropriated to carry out this title, subparagraph (A) 
                shall be applied as if ``, from non-Federal sources,'' 
                were struck.
                    (D) Commitment to proportional state investment in 
                school facilities.--
                            (i) In general.--The State shall provide an 
                        assurance to the Secretary that for each fiscal 
                        year that the State receives an allocation 
                        under this section, the State's share of school 
                        facilities capital outlay will be not less than 
                        90 percent of the average of the State's share 
                        of school facilities capital outlay for the 5 
                        years preceding the fiscal year for which the 
                        allocation is received.
                            (ii) State's share of school facilities 
                        capital outlay.--In this subparagraph, the term 
                        ``State's share of school facilities capital 
                        outlay'' means--
                                    (I) the total State expenditures on 
                                school facilities capital outlay 
                                projects; divided by
                                    (II) the total school facilities 
                                capital expenditures in the State on 
                                school facilities capital outlay 
                                projects.
                            (iii) Total state expenditures.--In this 
                        subparagraph, the term ``total State 
                        expenditures'' means the State's total 
                        expenditures (from funds other than an 
                        allocation under this section) on school 
                        facilities capital outlay projects, including--
                                    (I) any direct expenditures by the 
                                State for the purpose of school 
                                facilities capital outlay projects; and
                                    (II) funds provided by the State to 
                                local educational agencies for the 
                                purpose of school facilities capital 
                                outlay projects.
                            (iv) Total school facilities capital 
                        expenditures in the state.--In this 
                        subparagraph, the term ``total school 
                        facilities capital expenditures in the State'', 
                        means the sum of--
                                    (I) the total State expenditures 
                                calculated under clause (iii); plus
                                    (II) all additional expenditures 
                                (from funds other than an allocation 
                                under this section) on school 
                                facilities capital outlay projects by 
                                local educational agencies in the State 
                                that were not included in the 
                                calculation of total State expenditures 
                                under clause (iii).
            (2) Supplement not supplant.--The State shall use an 
        allocation under this section only to supplement the level of 
        Federal, State, and local public funds that would, in absence 
        of such allocation, be made available for the activities 
        supported by the allocation, and not to supplant such funds.

SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDUCATIONAL AGENCIES.

    (a) Grants to Local Educational Agencies.--
            (1) In general.--Subject to paragraph (2), from the amounts 
        allocated to a State under section 102(a) and contributed by 
        the State under section 102(c)(1), the State shall award grants 
        to qualified local educational agencies, on a competitive 
        basis, to carry out the activities described in section 301(a).
            (2) Allowance for digital learning.--A State may use up to 
        10 percent of the amount described in paragraph (1) to make 
        grants to qualified local educational agencies carry out 
        activities to improve digital learning in accordance with 
        section 301(b).
    (b) Eligibility.--
            (1) In general.--To be eligible to receive a grant under 
        this section a qualified local educational agency--
                    (A) shall be among the local educational agencies 
                in the State with the highest numbers or percentages of 
                students counted under section 1124(c) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6333(c));
                    (B) shall agree to prioritize the improvement of 
                the facilities of public schools that serve the highest 
                percentages of students who are eligible for a free or 
                reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.) 
                (which, in the case of a high school, may be calculated 
                using comparable data from the schools that feed into 
                the high school), as compared to other public schools 
                in the jurisdiction of the agency; and
                    (C) shall be among the local educational agencies 
                in the State with the most limited capacity to raise 
                funds for the long-term improvement of public school 
                facilities, as determined by an assessment of--
                            (i) the current and historic ability of the 
                        agency to raise funds for construction, 
                        renovation, modernization, and major repair 
                        projects for schools;
                            (ii) whether the agency has been able to 
                        issue bonds or receive other funds to support 
                        school construction projects; and
                            (iii) the bond rating of the agency.
            (2) Equitable distribution.--
                    (A) Numbers and percentages of certain students.--
                In making the determination under paragraph (1)(A), the 
                State shall ensure that grants under this section are 
                equitably distributed among--
                            (i) qualified local educational agencies in 
                        the State with the highest numbers of students 
                        counted under section 1124(c) of the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6333(c)); and
                            (ii) qualified local educational agencies 
                        in the State with the highest percentages of 
                        students counted under such section.
                    (B) Geographic diversity.--The State shall ensure 
                that grants under this section are awarded to qualified 
                local educational agencies that represent the 
                geographic diversity of the State.
            (3) Statewide thresholds.--The State shall establish 
        reasonable thresholds for determining whether a local 
        educational agency is among agencies in the State with the 
        highest numbers or percentages of students counted under 
        section 1124(c) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6333(c)) as required under paragraph (1)(A).
    (c) Priority of Grants for Fiscal Year 2022.--In awarding grants 
under this section for fiscal year 2022--
            (1) the State shall first award grants to qualified local 
        educational agencies that meet the requirements of subsection 
        (d)(1) that will use the grant to improve the facilities of 
        schools described in subsection (d)(1)(B) to support indoor and 
        outdoor social distancing, personal hygiene, and building 
        hygiene (including with respect to heating, ventilation, and 
        air conditioning usage) in school facilities, consistent with 
        guidance issued by the Centers for Disease Control and 
        Prevention; and
            (2) from any funds remaining after making grants to 
        qualified local educational agencies that meet the requirements 
        of paragraph (1), the State may award grants to other qualified 
        local educational agencies in accordance with the priorities 
        established under subsection (d).
    (d) Priority of Grants for Other Fiscal Years.--Except as provided 
in subsection (c), in awarding grants under this section, the State 
shall give priority to qualified local educational agencies that--
            (1)(A) demonstrate the greatest need for such a grant, as 
        determined by a comparison of the factors described in 
        subsection (b)(1) and other indicators of need in the public 
        school facilities of such local educational agencies, 
        including--
                    (i) the median age of facilities;
                    (ii) the extent to which student enrollment exceeds 
                physical and instructional capacity;
                    (iii) the condition of major building systems such 
                as heating, ventilation, air conditioning, electrical, 
                water, and sewer systems;
                    (iv) the condition of roofs, windows, and doors; 
                and
                    (v) other critical health and safety conditions;
            (B) will use the grant to improve the facilities of--
                    (i) elementary schools or middle schools that have 
                an enrollment of students who are eligible for a free 
                or reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.) that 
                constitutes not less than 40 percent of the total 
                student enrollment at such schools; or
                    (ii) high schools that have an enrollment of 
                students who are eligible for a free or reduced price 
                lunch under such Act that constitutes not less than 30 
                percent of the total student enrollment at such schools 
                (which may be calculated using comparable data from the 
                schools that feed into the high school); and
            (C) operate public school facilities that pose a severe 
        health and safety threat to students and staff, which may 
        include consideration of threats posed by the proximity of the 
        facilities to toxic sites or brownfield sites or the 
        vulnerability of the facilities to natural disasters; or
            (2)(A) will use the grant to improve access to high-speed 
        broadband sufficient to support digital learning in accordance 
        with section 301(b);
            (B) serve elementary schools or secondary schools, 
        including rural schools, that lack such access; and
            (C) meet one or more of the requirements set forth in 
        subparagraphs (A) through (C) of paragraph (1).
    (e) Application.--To be considered for a grant under this section, 
a qualified local educational agency shall submit an application to the 
State at such time, in such manner, and containing such information as 
the State may require. Such application shall include, at minimum--
            (1) the information necessary for the State to make the 
        determinations under subsections (b) through (d);
            (2) a description of the projects that the agency plans to 
        carry out with the grant;
            (3) an explanation of how such projects will reduce risks 
        to the health and safety of staff and students at schools 
        served by the agency; and
            (4) in the case of a local educational agency that proposes 
        to fund a repair, renovation, or construction project for a 
        public charter school, the extent to which--
                    (A) the public charter school lacks access to 
                funding for school repair, renovation, and construction 
                through the financing methods available to other public 
                schools or local educational agencies in the State; and
                    (B) the charter school operator owns or has care 
                and control of the facility that is to be repaired, 
                renovated, or constructed.
    (f) Facilities Master Plan.--
            (1) Plan required.--Not later than 180 days after receiving 
        a grant under this section, a qualified local educational 
        agency shall submit to the State a comprehensive 10-year 
        facilities master plan.
            (2) Elements.--The facilities master plan required under 
        paragraph (1) shall include, with respect to all public school 
        facilities of the qualified local educational agency, a 
        description of--
                    (A) the extent to which public school facilities 
                meet students' educational needs and support the 
                agency's educational mission and vision;
                    (B) the physical condition of the public school 
                facilities;
                    (C) the current health, safety, and environmental 
                conditions of the public school facilities, including--
                            (i) indoor air quality;
                            (ii) the presence of toxic substances;
                            (iii) the safety of drinking water at the 
                        tap and water used for meal preparation, 
                        including the level of lead and other 
                        contaminants in such water;
                            (iv) energy and water efficiency;
                            (v) excessive classroom noise; and
                            (vi) other health, safety, and 
                        environmental conditions that would impact the 
                        health, safety, and learning ability of 
                        students;
                    (D) how the local educational agency will address 
                any conditions identified under subparagraph (C);
                    (E) the impact of current and future student 
                enrollment levels (as of the date of application) on 
                the design of current and future public school 
                facilities, as well as the financial implications of 
                such enrollment levels;
                    (F) the dollar amount and percentage of funds the 
                local educational agency will dedicate to capital 
                construction projects for public school facilities, 
                including--
                            (i) any funds in the budget of the agency 
                        that will be dedicated to such projects; and
                            (ii) any funds not in the budget of the 
                        agency that will be dedicated to such projects, 
                        including any funds available to the agency as 
                        the result of a bond issue; and
                    (G) the dollar amount and percentage of funds the 
                local educational agency will dedicate to the 
                maintenance and operation of public school facilities, 
                including--
                            (i) any funds in the budget of the agency 
                        that will be dedicated to the maintenance and 
                        operation of such facilities; and
                            (ii) any funds not in the budget of the 
                        agency that will be dedicated to the 
                        maintenance and operation of such facilities.
            (3) Consultation.--In developing the facilities master plan 
        required under paragraph (1)--
                    (A) a qualified local educational agency shall 
                consult with teachers, principals and other school 
                leaders, custodial and maintenance staff, emergency 
                first responders, school facilities directors, students 
                and families, community residents, and Indian Tribes; 
                and
                    (B) in addition to the consultation required under 
                subparagraph (A), a Bureau-funded school shall consult 
                with the Bureau of Indian Education.
    (g) Supplement Not Supplant.--A qualified local educational agency 
shall use a grant received under this section only to supplement the 
level of Federal, State, and local public funds that would, in the 
absence of such grant, be made available for the activities supported 
by the grant, and not to supplant such funds.

SEC. 104. ANNUAL REPORT ON GRANT PROGRAM.

    (a) In General.--Not later than September 30 of each fiscal year 
beginning after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate congressional committees a report on 
the projects carried out with funds made available under this title.
    (b) Elements.--The report under subsection (a) shall include, with 
respect to the fiscal year preceding the year in which the report is 
submitted, the following:
            (1) An identification of each local educational agency that 
        received a grant under this title.
            (2) With respect to each such agency, a description of--
                    (A) the demographic composition of the student 
                population served by the agency, disaggregated by--
                            (i) race;
                            (ii) the number and percentage of students 
                        counted under section 1124(c) of the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6333(c)); and
                            (iii) the number and percentage of students 
                        who are eligible for a free or reduced price 
                        lunch under the Richard B. Russell National 
                        School Lunch Act (42 U.S.C. 1751 et seq.);
                    (B) the population density of the geographic area 
                served by the agency;
                    (C) the projects for which the agency used the 
                grant received under this title, described using 
                measurements of school facility quality from the most 
                recent available version of the Common Education Data 
                Standards published by the National Center for 
                Education Statistics;
                    (D) the demonstrable or expected benefits of the 
                projects; and
                    (E) the estimated number of jobs created by the 
                projects.
            (3) The total dollar amount of all grants received by local 
        educational agencies under this title.
    (c) LEA Information Collection.--A local educational agency that 
receives a grant under this title shall--
            (1) annually compile the information described in 
        subsection (b)(2);
            (2) make the information available to the public, including 
        by posting the information on a publicly accessible agency 
        website; and
            (3) submit the information to the State.
    (d) State Information Distribution.--A State that receives 
information from a local educational agency under subsection (c) 
shall--
            (1) compile the information and report it annually to the 
        Secretary at such time and in such manner as the Secretary may 
        require;
            (2) make the information available to the public, including 
        by posting the information on a publicly accessible State 
        website; and
            (3) regularly distribute the information to local 
        educational agencies and Tribal governments in the State.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $20,000,000,000 for each of 
fiscal years 2022 through 2026 to carry out this title. Amounts so 
appropriated are authorized to remain available through fiscal year 
2031.

                 TITLE II--SCHOOL INFRASTRUCTURE BONDS

SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX CREDIT BONDS.

    (a) Allowance of Credit.--
            (1) In general.--Section 54A of the Internal Revenue Code 
        of 1986, as in effect on the day before repeal by Public Law 
        115-97, is revived.
            (2) Credit limited to certain bonds.--
                    (A) In general.--Section 54A(d)(1) of such Code, as 
                revived by paragraph (1), is amended by striking 
                ``means--'' and all that follows through ``which is 
                part'' and inserting ``means a qualified zone academy 
                bond which is part''.
                    (B) Conforming amendment.--Section 54A(c)(2)(C) of 
                such Code, as revived by paragraph (1), is amended by 
                striking ``means--'' and all that follows and inserting 
                ``a purpose specified in section 54E(a)(1)''.
            (3) Conforming amendments.--
                    (A) The Internal Revenue Code of 1986 is amended by 
                inserting before section 54A (as revived by paragraph 
                (1)) the following:

                ``Subpart I--Qualified Tax Credit Bonds

``Sec. 54A. Credit to holder of qualified tax credit bonds.''.
                    (B) Section 6401(b)(1) of such Code is amended by 
                striking ``and G'' and inserting ``G, and I''.
                    (C) The table of subparts for part IV of subchapter 
                A of chapter 1 of such Code is amended by adding at the 
                end the following:

               ``subpart i--qualified tax credit bonds''.

    (b) Credit Allowed to Issuer.--
            (1) In general.--Section 6431 of the Internal Revenue Code 
        of 1986, as in effect on the day before repeal by Public Law 
        115-97, is revived.
            (2) Conforming amendment.--Section 6211(b)(4) of such Code 
        is amended by striking ``and 6428A'' and inserting ``6428A, and 
        6431''.
    (c) Qualified Zone Academy Bonds.--
            (1) In general.--Section 54E of the Internal Revenue Code 
        of 1986, as in effect on the day before repeal by Public Law 
        115-97, is revived.
            (2) Extension of limitation.--Section 54(E)(c)(1) of such 
        Code is amended--
                    (A) by striking ``and $400,000,000'' and inserting 
                ``$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 contribution 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 subparagraph 
                (B), and by redesignating subparagraph (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 facility.--Section 
        54E(c)(3)(A) of the Internal Revenue Code of 1986, as revived 
        by paragraph (1) and redesignated in paragraph (3)(C), is 
        amended by striking ``rehabilitating or repairing'' and 
        inserting ``constructing, rehabilitating, retrofitting, or 
        repairing''.
    (d) Conforming Amendment Related to Application of Certain Labor 
Standards.--
            (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 
        Reinvestment 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 redesignating 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 section 201) of part IV of 
subchapter A of chapter 1 the following new subpart:

                ``Subpart J--School Infrastructure Bonds

``Sec. 54BB. School infrastructure bonds.

``SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS.

    ``(a) In General.--If a taxpayer holds a school infrastructure bond 
on one or more interest payment dates of the bond during any taxable 
year, there shall be allowed as a credit against the tax imposed by 
this chapter for the taxable year an amount equal to the sum of the 
credits determined under subsection (b) with respect to such dates.
    ``(b) Amount of Credit.--The amount of the credit determined under 
this subsection with respect to any interest 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 subpart).
            ``(2) Carryover of unused credit.--If the credit allowable 
        under subsection (a) exceeds the limitation imposed by 
        paragraph (1) for such taxable year, such excess shall be 
        carried to the succeeding taxable year and added to the credit 
        allowable under subsection (a) for such taxable year 
        (determined before the application of paragraph (1) for such 
        succeeding 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 purposes 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 income 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 applying paragraph 
        (1)--
                    ``(A) for purposes of section 149(b), a school 
                infrastructure bond shall not be treated as federally 
                guaranteed by reason of the credit allowed under 
                section 6431(a),
                    ``(B) for purposes of section 148, the yield on a 
                school infrastructure bond shall be determined 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 treated as 
                meeting the requirements of this paragraph if, as of 
                the date of issuance, the issuer reasonably 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 beginning 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 expended 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 
                purposes of this paragraph, the amount of the 
                nonqualified bonds required to be redeemed shall be 
                determined in the same manner as under section 142.
    ``(e) Limitation on Amount of Bonds Designated.--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 subparagraph 
                (B) and paragraph (3)(A), the limitation applicable 
                under subsection (f) for a calendar year shall be 
                allocated by the Secretary among the States in 
                proportion to the respective amounts received by all 
                local educational agencies in each State under part A 
                of title I of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6311 et seq.) for the previous 
                fiscal year relative to the total such amount received 
                by all local educational agencies for the most recent 
                fiscal year ending before such calendar year.
                    ``(B) Certain possessions.--One-half of 1 percent 
                of the amount of the limitation applicable 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 paragraph (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 
        priorities described in subsections (c) and (d) of section 103 
        the 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 determination of eligibility for such 
        allocation.
            ``(3) Allocations for indian schools.--
                    ``(A) In general.--One-half of 1 percent of the 
                amount of the limitation applicable under subsection 
                (f) for any calendar year shall be allocated by the 
                Secretary to the Secretary of the Interior for schools 
                funded by the Bureau of Indian Affairs for such 
                calendar year.
                    ``(B) Allocation to schools.--The limitation 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 Interior to issuers or schools funded by the Bureau of 
        Indian 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.
    ``(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 
        includible in gross income.
            ``(2) Application of certain rules.--Rules similar to the 
        rules of subsections (f), (g), (h), and (i) of section 54A 
        shall apply for purposes of the credit allowed under subsection 
        (a).''.
    (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) qualified tax credit bond which is a 
                        qualified zone academy bond (as defined in 
                        section 54E) determined without regard to any 
                        allocation relating to the national zone 
                        academy bond limitation for 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 subchapter 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 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 improvement 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 repair 
                        projects for schools, including the ability of 
                        the agency to raise funds through imposition of 
                        property taxes,
                            (ii) whether the agency has been able to 
                        issue bonds to fund construction projects, 
                        including--
                                    (I) qualified zone academy bonds 
                                under section 54E of the Internal 
                                Revenue Code of 1986, and
                                    (II) school infrastructure bonds 
                                under section 54BB of the Internal 
                                Revenue Code of 1986, and
                            (iii) the bond rating of the agency,
                    (B) the demographic composition of the student 
                population served by the agency, disaggregated by--
                            (i) race,
                            (ii) the number and percentage of students 
                        counted under section 1124(c) of the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6333(c)), and
                            (iii) the number and percentage of students 
                        who are eligible for a free or reduced price 
                        lunch under the Richard B. Russell National 
                        School Lunch Act (42 U.S.C. 1751 et seq.),
                    (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 expected 
                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 infrastructure bonds.
            (4) Any other factors that the Secretary of the Treasury 
        determines to be appropriate.
    (c) Information Collection.--A State or local educational agency 
that receives 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 elements described 
        in subsection (b), and
            (2) report the information to the Secretary of the Treasury 
        at such time and in such manner as the Secretary of the 
        Treasury may require.
    (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 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) carry out major repairs of public school facilities;
            (4) install furniture or fixtures with at least a 10-year 
        life in public school facilities;
            (5) construct new public school facilities;
            (6) acquire and prepare sites on which new public school 
        facilities will be constructed;
            (7) extend the life of basic systems and components of 
        public school facilities;
            (8) ensure current or anticipated enrollment does not 
        exceed the physical and instructional capacity of public school 
        facilities;
            (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 technology that--
                    (A) guarantee layers of security throughout the 
                school premises; and
                    (B) uphold the aesthetics of the school premises 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 potability of water at the tap 
        for the presence of lead and other contaminants;
            (15) bring public school facilities into compliance 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 improvements for 
        programs relating to early learning (including early learning 
        programs operated by partners of the agency), special 
        education, science, technology, career and technical education, 
        physical education, music, the arts, and literacy (including 
        library 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 during the 
        construction or modernization of public school facilities; or
            (20) 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 existing public programs or public-
private partnerships to expand access to high-speed broadband 
sufficient for digital learning.

SEC. 302. PROHIBITED USES.

    (a) In General.--A local educational agency that receives covered 
funds may not use such funds for--
            (1) payment of routine and predictable maintenance costs 
        and minor repairs;
            (2) any facility that is primarily used for athletic 
        contests or exhibitions or other events for which admission is 
        charged to the general public;
            (3) vehicles; or
            (4) central offices, operation centers, or other facilities 
        that are not primarily used to educate students.
    (b) Additional Prohibitions Relating to Charter Schools.--No 
covered funds may be used--
            (1) for the facilities of a public charter school that is 
        operated 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 private sector entity; and
                    (B) such individual, or an individual with a direct 
                or indirect financial interest in such entity, 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 exceeds the requirements of the following:
            (1) Requirements for such projects set forth in the most 
        recent published edition of a nationally recognized, consensus-
        based model building code.
            (2) Requirements for such projects set forth in the most 
        recent published edition of a nationally recognized, 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 nationally recognized, consensus-based model code.
            (4) Indoor environmental air quality requirements 
        applicable to such projects as set forth in the most recent 
        published edition of a nationally recognized, consensus-based 
        standard.

SEC. 304. GREEN PRACTICES.

    (a) In General.--In a given fiscal year, a local educational agency 
that uses covered funds for a new construction 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 renovation that 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'');
            (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; or
            (4) 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 jurisdiction 
                with authority over the agency; and
                    (C) includes a verifiable method to demonstrate 
                compliance with such program.
    (b) Applicable Percentage.--The applicable percentage described in 
this subsection is--
            (1) for fiscal year 2022, 60 percent;
            (2) for fiscal year 2023, 70 percent;
            (3) for fiscal year 2024; 80 percent;
            (4) for fiscal year 2025, 90 percent; and
            (5) for each of fiscal years 2026 through 2031, 100 
        percent.

SEC. 305. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED PRODUCTS.

    (a) In General.--A local educational agency that receives 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 determines that--
                    (A) applying subsection (a) would be inconsistent 
                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 increase 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 Agreements.--This section shall 
be applied in a manner consistent with the obligations of the United 
States under international agreements.
    (d) Definitions.--In this section:
            (1) Produced in the united states.--The term ``produced in 
        the United States'' means the following:
                    (A) When used with respect to a manufactured 
                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 manufactured 
                product, all manufacturing processes for such 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; 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 ``manufactured 
        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, including, 
                aluminum and polyvinylchloride (PVC), glass, fiber 
                optics, plastic, wood, masonry, rubber, manufactured 
                stone, any other non-ferrous 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 of the 
enactment of this Act, 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) the types of public school facilities data 
                collected by each State, if any;
                    (B) technical assistance with respect to public 
                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 regulations to 
                ensure the health and safety of students and staff 
                during construction or renovation projects or to ensure 
                safe, healthy, and high-performing 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 
                cost of planning, design, construction, site purchase, 
                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 U.S.C. 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 U.S.C. 
                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 covered funds 
        more accessible--
                    (A) to schools with the highest numbers and 
                percentages of students counted under section 1124(c) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6333(c)); and
                    (B) to schools with fiscal challenges in raising 
                capital for school infrastructure projects.
    (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. 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 Director of the Institute of Education 
Sciences, shall--
            (1) carry out a comprehensive study of the physical 
        conditions of all public schools in each State and outlying 
        area; and
            (2) submit a report to the appropriate congressional 
        committees that includes the results of the study.
    (b) Elements.--Each study and report under subsection (a) shall 
include--
            (1) an assessment of--
                    (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 
                economically disadvantaged students as well as students 
                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 services;
                    (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 vitality, jobs, 
                population, and economy of such communities; and
                    (I) the ability of building envelopes and interiors 
                of public school facilities to protect occupants from 
                natural elements and human threats;
            (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 Secretary.

SEC. 403. 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)(A)(ii);
            (2) develop standards for the measurement of such data; and
            (3) issue guidance to States concerning the collection and 
        measurement of such data.
    (b) Officials.--The officials described in this subsection are--
            (1) the Administrator of the Environmental Protection 
        Agency;
            (2) the Secretary of Energy;
            (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. 404. INFORMATION CLEARINGHOUSE.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall establish 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 403(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 and maintenance of a single online resource that 
        includes contact information for relevant technical assistance 
        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.

                    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 2022 through 2026.''.

   TITLE VI--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS 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, instructions describing how a 
State may receive an allocation 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 repairs.--To be 
        eligible to receive a grant under subsection (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 
                                licensed 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 
                                private entity authorized by the State 
                                to oversee construction, testing, or 
                                financial 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 described 
                        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 subsection (a)(2), a local educational 
        agency shall demonstrate that it met the requirements of 
        paragraph (1) at the time it carried out the project for which 
        the agency seeks reimbursement.
    (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 manner, 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 Secretary for approval under subsection (d)(1)(B).
            (2) Contents.--At minimum, each application shall include--
                    (A) information and documentation sufficient 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 subsection (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 
                                agency in carrying out any activities 
                                described subsection (f); and
                                    (II) any amounts contributed from 
                                other Federal, State, local, or private 
                                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 
                        application 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 educational agency 
                submitted by a State under subsection (c)(1), the 
                Secretary shall--
                            (i) approve such application, in a case in 
                        which the Secretary determines that such 
                        application meets the requirements of 
                        subparagraph (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 disburse an 
                allocation to a State not later than 60 days after the 
                date on which the Secretary approves 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 section shall be 
                an amount that is not less than 40 percent of the total 
                cost of the project for which the grant is awarded, 
                which the State shall contribute from non-Federal 
                sources.
                    (B) Special rule for reimbursement grants.--In the 
                case of a reimbursement grant made to a local 
                educational agency under subsection (a)(2), a State 
                shall be treated as meeting the requirement of 
                subparagraph (A) if the State demonstrates that it 
                contributed, from non-Federal 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 educational agency 
        that receives a grant under this section 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 
                        engineer or architect associated with the 
                        project; and
                            (ii) to restore the school to the condition 
                        it was in before the school's foundation was 
                        damaged due to the presence of pyrrhotite; and
                    (B) engineering reports, architectural design, core 
                tests, and other activities directly related to the 
                repair or replacement project.
            (2) Prohibited uses of funds.--A local educational agency 
        that receives a grant under this section 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 associated 
                with the repair or replacement of the school building 
                or its systems, including items such as desks, chairs, 
                electronics, sports equipment, 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
            (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 concrete 
                foundation, as demonstrated by a petrographic or other 
                type of laboratory core analysis or core inspection.
                    (C) A visual inspection of the school's concrete 
                foundation indicates that the presence of pyrrhotite is 
                causing the foundation to deteriorate 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 
                        structurally unsound; or
                            (ii) will result in the school becoming 
                        structurally unsound within the next five 
                        years.
            (2) Qualified contractor.--The term ``qualified 
        contractor'' means a contractor who is qualified under State 
        law, or approved by any State agency or other State-sanctioned 
        independent or nonprofit entity, 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 2022 and each fiscal year 
thereafter.
                                 <all>