[Congressional Record Volume 157, Number 60 (Thursday, May 5, 2011)]
[Senate]
[Pages S2740-S2743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 902. A bill to amend part D of title V of the Elementary and 
Secondary Education Act of 1965 to provide grants for the repair, 
renovation, and construction of elementary and secondary schools; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, safe, modern, healthy school buildings are 
essential to creating an environment where students can reach their 
full academic potential. Today, too many students in the United States, 
particularly those most at risk of being left behind, attend school in 
facilities that are old, overcrowded and run-down. The 2009 
Infrastructure Report Card compiled by the American Society of Civil 
Engineers gives public schools a D grade. Too many of our Nation's 
schools were built over a half century ago, and are not equipped to 
meet the needs of 21st Century students and teachers. School-facility 
needs are impacting the preparedness of our children for work in 
critical fields, such as mathematics and science.
  The National Center for Education Statistics reported in 2000 that 
the Nation's elementary and secondary

[[Page S2741]]

schools required approximately $127 billion to repair or upgrade their 
facilities. A 2008 State-by-State analysis by the American Federation 
of Teachers found that the Nation's school infrastructure needs total 
an estimated $255 billion. While the condition of public school 
buildings is primarily a state and local responsibility, the Federal 
Government can and should help, especially when it comes to closing 
disparities between affluent and disadvantaged school districts. The 
current economic environment makes it exceedingly difficult for States 
and school districts to renovate and in some cases build new schools to 
meet this important need.
  That is why I am pleased to introduce the School Building Fairness 
Act. This legislation provides $1 billion to States for competitive 
matching grants to local educational agencies; LEAs, for school repair, 
renovation, and construction. In awarding the grants, States must 
consider poverty, condition of school facilities, capacity, adherence 
to green building standards, and likelihood of maintenance. I have seen 
this work in Iowa with the success of the Iowa Demonstration 
Construction Grant Program, which provided over $121 million in federal 
assistance to over 300 school districts and leveraged more than $600 
million of additional local funding through the matching requirement. I 
am sure that it will work across the rest of the country. Mr. 
President, I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 902

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``School Building Fairness Act 
     of 2011''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Providing safe, healthy, and up-to-date public 
     elementary and secondary school facilities is a crucial 
     component of improving student academic performance and 
     retaining high-quality, committed educators.
       (2) The 2009 Infrastructure Report Card compiled by the 
     American Society of Civil Engineers gives public schools a D 
     grade.
       (3) The National Center for Education Statistics, in 2000, 
     reported that the Nation's elementary and secondary schools 
     required approximately $127,000,000,000 to repair or upgrade 
     facilities.
       (4) A State-by-State analysis by the American Federation of 
     Teachers in 2008 concluded that the Nation's school 
     infrastructure needs an estimated $254,600,000,000.
       (5) The Department of Education documented in 1998 that the 
     average age of a public elementary or secondary school 
     building was estimated at 42 years old, past the age when 
     schools tend to deteriorate rapidly.
       (6) School districts spent more than $304,000,000,000 for 
     public school construction contracts from 1995 through 2004, 
     according to data collected by McGraw-Hill Construction.
       (7) According to a 2006 report by the Building Educational 
     Success Together coalition, the per-student investment made 
     in the most affluent school districts to repair or construct 
     schools was nearly double the amount of the per-student 
     investment made in the most disadvantaged school districts.
       (8) Since 1998, the Iowa Demonstration Construction Grant 
     Program has provided $121,000,000 in Federal assistance to 
     over 300 school districts for school repair and construction. 
     That Federal investment in school repair and construction has 
     leveraged more than $600,000,000 of additional local funding 
     through a match required by the State government.
       (9) Green schools use an average of 33 percent less energy 
     than conventionally built schools, and generate financial 
     savings of about $70 per square foot, according to the 2006 
     report ``Greening America's Schools: Costs and Benefits''.

     SEC. 3. GRANTS FOR SCHOOL REPAIR, RENOVATION, AND 
                   CONSTRUCTION.

       Part D of title V of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at 
     the end the following:

                    ``Subpart 22--School Facilities

     ``SEC. 5621. GRANTS FOR SCHOOL REPAIR, RENOVATION, AND 
                   CONSTRUCTION.

       ``(a) Definitions.--In this section:
       ``(1) Charter school.--The term `charter school' has the 
     meaning given the term in section 5210.
       ``(2) CHPS criteria.--The term `CHPS Criteria' means the 
     green building rating criteria developed by the Collaborative 
     for High Performance Schools.
       ``(3) Early learning facility.--The term `early learning 
     facility' means a public facility that--
       ``(A) serves children who are not yet in kindergarten; and
       ``(B) is under the jurisdiction of a local educational 
     agency.
       ``(4) Energy star.--The term `Energy Star' means the Energy 
     Star program of the Department of Energy and the 
     Environmental Protection Agency.
       ``(5) Green globes.--The term `Green Globes' means the 
     Green Building Initiative environmental design and rating 
     system.
       ``(6) High-need local educational agency.--The term `high-
     need local educational agency' has the meaning given the term 
     in section 2102(3)(A).
       ``(7) LEED green building rating system.--The term `LEED 
     Green Building Rating System' means the United States Green 
     Building Council Leadership in Energy and Environmental 
     Design green building rating system.
       ``(8) Public school facility.--The term `public school 
     facility' means a public elementary or secondary school 
     facility, including a public charter school facility or an 
     existing facility planned for adaptive reuse as a public 
     charter school facility.
       ``(9) Rural local educational agency.--The term `rural 
     local educational agency' means a local educational agency 
     that meets the eligibility requirements under--
       ``(A) section 6211(b) for participation in the program 
     described in subpart 1 of part B of title VI; or
       ``(B) section 6221(b) for participation in the program 
     described in subpart 2 of part B of title VI.
       ``(10) State.--The term `State' means each of the several 
     states of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.
       ``(b) Allocation of Funds.--
       ``(1) Reservations.--From the funds appropriated under 
     subsection (i) for a fiscal year, the Secretary shall reserve 
     1 percent to provide assistance to the outlying areas and for 
     payments to the Secretary of the Interior to provide 
     assistance to schools funded by the Bureau of Indian 
     Education. Funds allocated under this paragraph shall be 
     reserved by the Secretary for distribution among the outlying 
     areas and the Secretary of the Interior on the basis of their 
     relative need for public elementary school and secondary 
     school repair, renovation, and construction, as determined by 
     the Secretary.
       ``(2) Allocation to state educational agencies.--From the 
     funds appropriated under subsection (i) for a fiscal year 
     that are not reserved under paragraph (1) for the fiscal 
     year, the Secretary shall allocate to each State educational 
     agency serving a State an amount that bears the same relation 
     to the funds as the amount the State received under part A of 
     title I for the fiscal year preceding the fiscal year for 
     which the determination is made bears to the amount all 
     States received under such part for such preceding fiscal 
     year, except that no such State educational agency shall 
     receive less than 0.5 percent of the amount allocated under 
     this subsection.
       ``(c) Within-State Distributions.--
       ``(1) Administrative and other costs.--
       ``(A) State educational agency administration and other 
     costs.--Except as provided in subparagraph (D), each State 
     educational agency may reserve not more than 1 percent of the 
     State educational agency's allocation under subsection (b) 
     for the purposes of administering the distribution of grants 
     under this subsection and awarding grants under subparagraph 
     (C)(v).
       ``(B) Required uses.--The State educational agency shall 
     use a portion of the funds reserved under subparagraph (A)--
       ``(i) to provide technical assistance to local educational 
     agencies; and
       ``(ii) to establish or support a State-level database of 
     public school facility inventory, condition, design, and 
     utilization.
       ``(C) Permissible uses.--The State educational agency may 
     use a portion of the funds reserved under subparagraph (A) 
     for--
       ``(i) developing a statewide public school educational 
     facility master plan;
       ``(ii) developing policies, procedures, and standards for 
     high-quality, energy efficient public school facilities;
       ``(iii) supporting interagency collaboration that will lead 
     to broad community use of public school facilities, and 
     school-based services for students served by high-need local 
     educational agencies or rural local educational agencies;
       ``(iv) helping to defray the cost of issuing State bonds to 
     finance public elementary school and secondary school repair, 
     renovation, and construction; and
       ``(v) awarding grants to State-operated or State-supported 
     schools, such as a State school for the deaf or for the 
     blind, to enable such schools to carry out school repair, 
     renovation, and construction activities in accordance with 
     subsection (d).
       ``(D) State entity administration and other costs.--If the 
     State educational agency transfers funds to a State entity 
     described in paragraph (2)(A), the State educational agency 
     shall transfer to such State entity not less than 75 percent 
     of the amount reserved under subparagraph (A) for the purpose 
     of carrying out the activities described in subparagraph (C).
       ``(2) Distribution of competitive school repair, 
     renovation, and construction grants to local educational 
     agencies.--
       ``(A) In general.--Of the funds allocated to a State 
     educational agency under subsection (b) that are not reserved 
     under paragraph (1), the State educational agency shall 
     distribute 100 percent of such funds to local educational 
     agencies or, if the State educational agency is not 
     responsible for the financing of public

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     school facilities, the State educational agency shall 
     transfer such funds to the State entity responsible for the 
     financing of public school facilities (referred to in this 
     section as the `State entity') for distribution by such State 
     entity to local educational agencies in accordance with this 
     paragraph, to be used, consistent with subsection (d), for 
     public elementary school or secondary school repair, 
     renovation, and construction.
       ``(B) Competitive grants to local educational agencies.--
     The State educational agency or State entity shall carry out 
     a program to award grants, on a competitive basis, to local 
     educational agencies for public elementary school or 
     secondary school repair, renovation, and construction. Of the 
     total amount available for distribution to local educational 
     agencies under this paragraph, the State educational agency 
     or State entity, shall, in carrying out the grant 
     competition--
       ``(i) award to high-need local educational agencies, in the 
     aggregate, not less than an amount which bears the same 
     relationship to such total amount as the aggregate amount 
     such high-need local educational agencies received under part 
     A of title I for the fiscal year preceding the fiscal year 
     for which the determination is made bears to the aggregate 
     amount received for such preceding fiscal year under such 
     part by all local educational agencies in the State;
       ``(ii) award to rural local educational agencies in the 
     State, in the aggregate, not less than an amount which bears 
     the same relationship to such total amount as the aggregate 
     amount such rural local educational agencies received under 
     part A of title I for the fiscal year preceding the fiscal 
     year for which the determination is made bears to the 
     aggregate amount received for such preceding fiscal year 
     under such part by all local educational agencies in the 
     State; and
       ``(iii) award the remaining funds to local educational 
     agencies in the State that did not receive a grant award 
     under clause (i) or (ii), including to high-need local 
     educational agencies and rural local educational agencies 
     that did not receive a grant award under clause (i) or (ii).
       ``(C) Criteria for awarding grants.--In awarding 
     competitive grants under this paragraph, a State educational 
     agency or State entity shall take into account the following 
     criteria:
       ``(i) Percentage of poor children.--The percentage of 
     children served by the local educational agency who are 
     between 5 to 17 years of age, inclusive, and who are from 
     families with incomes below the poverty line.
       ``(ii) Need for school repair, renovation, and 
     construction.--The need of a local educational agency for 
     school repair, renovation, and construction, as demonstrated 
     by the condition of the public school facilities of the local 
     educational agency or the local educational agency's need for 
     such facilities.
       ``(iii) Green schools.--The extent to which a local 
     educational agency will make use, in the repair, renovation, 
     or construction to be undertaken, of green practices that are 
     certified, verified, or consistent with any applicable 
     provisions of--

       ``(I) the LEED Green Building Rating System;
       ``(II) Energy Star;
       ``(III) the CHPS Criteria;
       ``(IV) Green Globes; or
       ``(V) an equivalent program adopted by the State or another 
     jurisdiction with authority over the local educational 
     agency.

       ``(iv) Fiscal capacity.--The fiscal capacity of a local 
     educational agency to meet the needs of the local educational 
     agency for repair, renovation, and construction of public 
     school facilities without assistance under this section, 
     including the ability of the local educational agency to 
     raise funds through the use of local bonding capacity and 
     otherwise.
       ``(v) Likelihood of maintaining the facility.--The 
     likelihood that a local educational agency will maintain, in 
     good condition, any public school facility whose repair, 
     renovation, or construction is assisted under this section.
       ``(vi) Charter school equitable access to funding.--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 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.
       ``(D) Matching requirement.--
       ``(i) In general.--A State educational agency or State 
     entity shall require local educational agencies to match 
     funds awarded under this paragraph.
       ``(ii) Match amount.--The amount of a match described in 
     clause (i) may be established by using a sliding scale that 
     takes into account the relative poverty of the population 
     served by the local educational agency.
       ``(d) Rules Applicable to School Repair, Renovation, and 
     Construction.--With respect to funds made available under 
     this section that are used for school repair, renovation, and 
     construction, the following rules shall apply:
       ``(1) Permissible uses of funds.--School repair, 
     renovation, and construction shall be limited to 1 or more of 
     the following:
       ``(A) Upgrades, repair, construction, or replacement of 
     public elementary school or secondary school building systems 
     or components to improve the quality of education and ensure 
     the health and safety of students and staff, including--
       ``(i) repairing, replacing, or constructing early learning 
     facilities at public elementary schools (including renovation 
     of existing facilities to serve children under 5 years of 
     age);
       ``(ii) repairing, replacing, or installing roofs, windows, 
     doors, electrical wiring, plumbing systems, or sewage 
     systems;
       ``(iii) repairing, replacing, or installing heating, 
     ventilation, or air conditioning systems (including 
     insulation); and
       ``(iv) bringing such public schools into compliance with 
     fire and safety codes.
       ``(B) Public school facilities modifications necessary to 
     render public school facilities accessible in order to comply 
     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).
       ``(C) Improvements to the environmental conditions of 
     public elementary school or secondary school sites, including 
     asbestos abatement or removal, and the reduction or 
     elimination of human exposure to lead-based paint, mold, or 
     mildew.
       ``(D) Measures designed to reduce or eliminate human 
     exposure to classroom noise and environmental noise 
     pollution.
       ``(E) Modifications necessary to reduce the consumption of 
     electricity, natural gas, oil, water, coal, or land.
       ``(F) Upgrades or installations of educational technology 
     infrastructure to ensure that students have access to up-to-
     date educational technology.
       ``(G) Measures that will broaden or improve the use of 
     public elementary school or secondary school buildings and 
     grounds by the community in order to improve educational 
     outcomes.
       ``(2) Impermissible uses of funds.--No funds received under 
     this section may be used for--
       ``(A) payment of maintenance costs in connection with any 
     projects constructed in whole or part with Federal funds 
     provided under this section;
       ``(B) purchase or upgrade of vehicles;
       ``(C) improvement or construction of stand-alone facilities 
     whose purpose is not the education of children, including 
     central office administration or operations or logistical 
     support facilities;
       ``(D) purchase of information technology hardware, 
     including computers, monitors, or printers;
       ``(E) stadiums or other facilities primarily used for 
     athletic contests or exhibitions or other events for which 
     admission is charged to the general public; or
       ``(F) purchase of carbon offsets.
       ``(3) Supplement, not supplant.--A local educational agency 
     or State-operated or State-supported school shall use Federal 
     funds subject to this subsection only to supplement the 
     amount of funds that would, in the absence of such Federal 
     funds, be made available from non-Federal sources for school 
     repair, renovation, and construction.
       ``(e) Qualified Bidders; Competition.--Each local 
     educational agency that receives funds under subsection 
     (c)(2) shall ensure that, if the local educational agency 
     carries out repair, renovation, or construction through a 
     contract, any such contract process ensures the maximum 
     number of qualified bidders, including small, minority, and 
     women-owned businesses, through full and open competition.
       ``(f) Public Comment.--Each local educational agency 
     receiving funds under subsection (c)(2)--
       ``(1) shall provide an opportunity for public comment, and 
     ensure that parents, educators, and all other interested 
     members of the community in which the school to be assisted 
     is located have the opportunity to consult, on the use of the 
     funds received under such subsection;
       ``(2) shall provide the public with adequate and efficient 
     notice of the opportunity described in paragraph (1) in a 
     widely read and distributed medium; and
       ``(3) shall provide the opportunity described in paragraph 
     (1) in accordance with any applicable State and local law 
     specifying how the comments may be received and how the 
     comments may be reviewed by any member of the public.
       ``(g) Reporting.--
       ``(1) Local reporting.--Each local educational agency 
     receiving funds under subsection (c)(2) shall submit a report 
     to the State educational agency, at such time as the State 
     educational agency may require, describing the use of such 
     funds for school repair, renovation, and construction.
       ``(2) State reporting.--Each State educational agency 
     receiving funds under subsection (b) shall submit to the 
     Secretary, at such time as the Secretary may require, a 
     report on the use of funds received under this section and 
     made available to local educational agencies (and, if 
     applicable, to State-operated or State-sponsored schools) for 
     school repair, renovation, and construction.
       ``(h) Reallocation.--If a State educational agency does not 
     apply for an allocation of funds under subsection (b) for a 
     fiscal year, or does not use the State educational agency's 
     entire allocation for such fiscal year, then the Secretary 
     may reallocate the amount of the State educational agency's 
     allocation (or the remainder thereof, as the case may be) for 
     such fiscal year to the remaining State educational agencies 
     in accordance with subsection (b).

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       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $1,000,000,000 
     for fiscal year 2012, and such sums as may be necessary for 
     each of fiscal years 2013 through 2016.

     ``SEC. 5622. NATIONAL CENTER FOR EDUCATION STATISTICS STUDY.

       ``(a) In General.--The National Center for Education 
     Statistics shall conduct a study of the condition of public 
     school facilities in the United States.
       ``(b) Estimates and Measures.--In conducting the study, the 
     National Center for Education Statistics shall--
       ``(1) estimate the costs needed to repair and renovate all 
     public elementary schools and secondary schools in the United 
     States to good overall condition; and
       ``(2) measure recent expenditures of Federal, State, local, 
     and private funds for public elementary school and secondary 
     school repair, renovation, and construction costs in the 
     United States.
       ``(c) Analysis.--In conducting the study, the National 
     Center for Education Statistics shall examine trends in 
     expenditures of Federal, State, local, and private funds 
     since fiscal year 2001 for repair, renovation, and 
     construction activities for public elementary schools and 
     secondary schools in the United States, including examining 
     the differences between the types of schools assisted, and 
     the types of repair, renovation, and construction activities 
     conducted, with those expenditures.
       ``(d) Report.--The National Center for Education Statistics 
     shall prepare and submit to Congress a report containing the 
     results of the study.

     ``SEC. 5623. NATIONAL CLEARINGHOUSE FOR EDUCATIONAL 
                   FACILITIES.

       ``(a) In General.--From the funds appropriated under 
     subsection (c), the Secretary shall award a grant or contract 
     to maintain a clearinghouse that will collect and disseminate 
     information on effective, best educational practices, and the 
     latest research, regarding the planning, design, financing, 
     construction, improvement, operation, and maintenance of 
     safe, healthy, high-performance school facilities for nursery 
     and pre-kindergarten, kindergarten through grade 12, and 
     higher education.
       ``(b) Duration.--The grant or contract under subsection (a) 
     shall be awarded for a period of 5 years.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $1,500,000 for each of fiscal years 2012 through 2016.''.
                                 ______