[Congressional Record Volume 161, Number 104 (Tuesday, July 7, 2015)]
[Senate]
[Pages S4789-S4792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2098. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize
[[Page S4790]]
the Elementary and Secondary Education Act of 1965 to ensure that every
child achieves; which was ordered to lie on the table; as follows:
On page 630, between lines 4 and 5, insert the following:
SEC. 5011. FIX AMERICA'S SCHOOLS TODAY.
Title V (20 U.S.C. 7201 et seq.) is amended by adding at
the end the following:
``PART J--FIX AMERICA'S SCHOOLS TODAY
``SEC. 5910. SHORT TITLE.
``This part may be cited as the `Fix America's Schools
Today Act of 2015'.
``Subpart 1--Elementary and Secondary Schools
``SEC. 5911. PURPOSE.
``The purpose of this subpart is to provide assistance for
the modernization, renovation, and repair of elementary
school and secondary school buildings for schools that are
served by local educational agencies across the United
States, in order to support the achievement of improved
educational outcomes in such schools.
``SEC. 5912. AUTHORIZATION OF APPROPRIATIONS; APPROPRIATION
OF FUNDS.
``There are authorized to be appropriated, and there are
appropriated, $25,000,000,000 to carry out this subpart which
shall be available for obligation by the Secretary until
September 30, 2016.
``SEC. 5913. ALLOCATION OF FUNDS.
``(a) Reservations.--From the amount made available to
carry out this subpart, the Secretary shall reserve--
``(1) one-half of 1 percent for the Secretary of the
Interior to carry out modernization, renovation, and repair
activities described in section 5916 in schools operated or
funded by the Bureau of Indian Education;
``(2) one-half of 1 percent to make grants to the outlying
areas for modernization, renovation, and repair activities
described in section 5916; and
``(3) such funds as the Secretary determines are needed--
``(A) to conduct a survey, through the National Center for
Education Statistics, of the school construction,
modernization, renovation, and repair needs of the public
schools of the United States; and
``(B) to encourage the States to coordinate and share
information about school facilities standards and best
practices.
``(b) State Allocation.--From the amount made available to
carry out this subpart and not reserved under subsection (a),
the Secretary shall allocate funds among the States in
proportion to their respective allocations under part A of
title I for fiscal year 2015, except that--
``(1) the Secretary shall allocate 40 percent of such funds
to the 100 local educational agencies with the largest
numbers of children ages 5 to 17 living in poverty, as
determined using the most recent data available from the
Department of Commerce that are satisfactory to the
Secretary, in proportion to such local educational agencies'
respective allocations under part A of title I for fiscal
year 2015; and
``(2) the allocation to any State shall be reduced by the
aggregate amount of the allocations under paragraph (1) to
local educational agencies in such State.
``(c) Remaining Allocation.--
``(1) In general.--If a State does not apply for its
allocation under subsection (b), applies for less than the
full allocation for which the State is eligible, or does not
use the allocation in a timely manner, the Secretary may--
``(A) reallocate all or a portion of the allocation to the
other States in accordance with subsection (b); or
``(B) use all or a portion of the allocation to make direct
allocations to local educational agencies within the State
based on their respective allocations under part A of title I
for fiscal year 2015 or such other method as the Secretary
may determine.
``(2) Reallocation of local educational agency funds.--If a
local educational agency does not apply for its allocation
under subsection (b)(1), applies for less than the full
allocation for which the local educational agency is
eligible, or does not use the allocation in a timely manner,
the Secretary may reallocate all or a portion of such local
educational agency's allocation to the State in which such
agency is located.
``SEC. 5914. STATE USE OF FUNDS.
``(a) Reservation.--Each State that receives a grant under
this subpart may reserve not more than 1 percent of the
State's allocation under section 5913(b) for the purpose of
administering the grant.
``(b) Funds to Local Educational Agencies.--
``(1) Formula subgrants.--From the grant funds that are not
reserved under subsection (a), a State shall allocate not
less than 50 percent to local educational agencies, including
charter schools that are local educational agencies, that did
not receive funds under section 5913(b)(1) from the
Secretary, in accordance with their respective allocations
under part A of title I for fiscal year 2015, except that no
such local educational agency shall receive less than
$10,000.
``(2) Additional subgrants.--The State shall use any funds
remaining, after reserving funds under subsection (a) and
allocating funds under paragraph (1), for subgrants to local
educational agencies that did not receive funds under section
5913(b)(1), including charter schools that are local
educational agencies, to support modernization, renovation,
and repair projects that the State determines, using
objective criteria, are most needed in the State, with
priority given to projects in rural local educational
agencies.
``(c) Remaining Funds.--If a local educational agency does
not apply for an allocation under subsection (b)(1), applies
for less than its full allocation, or fails to use the
allocation in a timely manner, the State may reallocate any
unused portion to other local educational agencies in
accordance with subsection (b).
``SEC. 5915. STATE AND LOCAL APPLICATIONS.
``(a) State Application.--A State that desires to receive a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require,
which shall include--
``(1) an identification of the State agency or entity that
will administer the program;
``(2) a description of the State's process for determining
how the grant funds will be distributed and administered,
including--
``(A) how the State will determine the criteria and
priorities in making subgrants under section 5914(b)(2);
``(B) any additional criteria the State will use in
determining which projects the State will fund under such
section;
``(C) a description of how the State will consider--
``(i) the needs of local educational agencies for
assistance under this subpart;
``(ii) the impact of potential projects on job creation in
the State;
``(iii) the fiscal capacity of local educational agencies
applying for assistance;
``(iv) the percentage of children in such local educational
agencies who are from low-income families; and
``(v) the potential for leveraging assistance provided by
the grant program through matching or other financing
mechanisms;
``(D) a description of how the State will ensure that the
local educational agencies receiving subgrants under this
subpart meet the requirements of this subpart;
``(E) a description of how the State will ensure that the
State and the local educational agencies in the State meet
the deadlines established in section 5917;
``(F) a description of how the State will give priority to
the use 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; and
``(G) a description of the steps that the State will take
to ensure that local educational agencies receiving subgrants
will adequately maintain any facilities that are modernized,
renovated, or repaired with subgrant funds under this
subpart.
``(b) Local Application.--A local educational agency that
is eligible to receive a grant under section 5913(b)(1) and
desires to receive such grant shall submit an application to
the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may require,
which shall include--
``(1) a description of how the local educational agency
will meet the deadlines and requirements of this subpart; and
``(2) a description of the steps that the local educational
agency will take to adequately maintain any facilities that
are modernized, renovated, or repaired with funds under this
subpart.
``SEC. 5916. USE OF FUNDS.
``(a) In General.--A local educational agency that receives
funds under this subpart shall use such funds only for one or
both of the following modernization, renovation, and repair
activities in facilities that are used for elementary or
secondary education or for early learning programs:
``(1) Direct payments for school modernization, renovation,
and repair.
``(2) Payment of interest on bonds or payments for other
financing instruments that are newly issued for the purpose
of financing school modernization, renovation, and repair.
``(b) Supplement, Not Supplant.--Funds made available under
this subpart shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to modernize, renovate, or repair eligible school
facilities.
``(c) Prohibition.--Funds awarded to local educational
agencies under this subpart shall not be used for--
``(1) new construction;
``(2) routine janitorial costs; or
``(3) modernization, renovation, and repair of stadiums or
other facilities primarily used for athletic contests or
exhibitions or other events for which admission is charged to
the general public.
``SEC. 5917. ADDITIONAL PROVISIONS.
``(a) Funds Available for Obligation for Two Years.--Funds
appropriated under section 5912 shall be available for
obligation by local educational agencies receiving grants
from the Secretary under section 5913(b)(1), by States
reserving funds under section 5914(a), and by local
educational agencies receiving subgrants under section
5914(b)(1) only during the period that ends 24 months after
the date of enactment of the Every Child Achieves Act of
2015.
[[Page S4791]]
``(b) Funds Available for Obligation for Three Years.--
Funds appropriated under section 5912 shall be available for
obligation by local educational agencies receiving subgrants
under section 5914(b)(2) only during the period that ends 36
months after the date of enactment of the Every Child
Achieves Act of 2015.
``(c) Not Considered Local Educational Agencies.--For
purposes of section 5913(b)(1), Hawaii, the District of
Columbia, and the Commonwealth of Puerto Rico are not local
educational agencies.
``SEC. 5918. REPORTS.
``(a) Direct Grants to LEAs.--Each local educational agency
that receives a grant under section 5913(b)(1) shall, not
later than September 30, 2016, and annually thereafter for
each fiscal year in which the local educational agency
expends funds received under such section, submit to the
Secretary a report that includes--
``(1) a description of the projects for which the grant
was, or will be, used; and
``(2) the number of jobs created by the projects funded
under such section.
``(b) Subgrant to LEAs Through the State.--Each local
educational agency that receives a subgrant from a State
under paragraph (1) or (2) of section 5314(b) shall, not
later than September 30, 2016, and annually thereafter for
each fiscal year in which the local educational agency
expends funds received under such section, submit to the
State a report that includes--
``(1) a description of the projects for which the subgrant
was, or will be, used; and
``(2) the number of jobs created by the projects funded
under such section.
``(c) State Report to the Secretary.--Each State that
receives a report described under subsection (b) shall submit
a report to the Secretary containing the information in each
report that such State receives in accordance with subsection
(b).
``Subpart 2--Community College Modernization
``SEC. 5921. FEDERAL ASSISTANCE FOR COMMUNITY COLLEGE
MODERNIZATION.
``(a) In General.--
``(1) Grant program.--From the amount made available under
subsection (g), the Secretary shall award grants to States to
modernize, renovate, or repair existing facilities at
community colleges.
``(2) Allocation.--
``(A) Reservations.--From the amount made available to
carry out this subpart for a fiscal year, the Secretary shall
reserve--
``(i) not more than 0.25 percent for grants to institutions
that are eligible to receive a grant under section 316 of the
Higher Education Act of 1965 to provide for modernization,
renovation, and repair activities described in this subpart;
and
``(ii) not more than 0.25 percent for grants to the
outlying areas to provide for modernization, renovation, and
repair activities described in this subpart.
``(B) Allocation.--
``(i) In general.--Except as provided in clause (ii), from
the funds made available to carry out this subpart for a
fiscal year, and not reserved under subparagraph (A), the
Secretary shall allocate to each State that has an
application approved by the Secretary an amount that bears
the same relation to such funds as the total number of
students in such State who are enrolled in institutions
described in section 5931(2)(A) plus the number of students
who are estimated to be enrolled in and pursuing a degree or
certificate that is not a baccalaureate, master's,
professional, or other advanced degree at institutions
described in section 5931(2)(B), based on the proportion of
degrees or certificates awarded by such institutions that are
not baccalaureate, master's, professional, or other advanced
degrees, as reported to the Integrated Postsecondary Data
System, bears to the estimated total number of such students
in all States.
``(ii) Minimum allocation.--No State shall receive an
allocation under clause (i) for a fiscal year that is less
than $2,500,000.
``(C) Reallocation.--Amounts not allocated under this
section to a State because the State either did not submit an
application under subsection (b), the State submitted an
application that the Secretary determined did not meet the
requirements of such subsection, or the State cannot
demonstrate to the Secretary a sufficient demand for projects
to warrant the full allocation of the funds, shall be
proportionately reallocated under this paragraph to the other
States that have a demonstrated need for, and are receiving,
allocations under this section.
``(D) State administration.--A State that receives a grant
under this section may use not more than 1 percent of such
grant for administration costs.
``(3) Supplement, not supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to modernize, renovate, or repair existing community
college facilities.
``(b) Application.--A State that desires to receive a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require. Such
application shall include a description of--
``(1) how the funds provided under this section will
improve--
``(A) instruction at community colleges in the State,
including how faculty and staff will be consulted regarding
uses of funds for projects that will improve instruction at
community colleges in the State; and
``(B) the ability of such colleges to educate and train
students to meet the workforce needs of employers in the
State;
``(2) the projected start date of each project; and
``(3) the estimated number of persons who will be employed
through each project.
``(c) Prohibited Uses of Funds.--
``(1) In general.--Funds awarded under this section shall
not be used for--
``(A) routine janitorial costs;
``(B) construction, modernization, renovation, and repair
of stadiums or other facilities primarily used for athletic
contests or exhibitions or other events for which admission
is charged to the general public; or
``(C) construction, modernization, renovation, and repair
of facilities--
``(i) used for sectarian instruction, religious worship, or
a school or department of divinity; or
``(ii) in which a substantial portion of the functions of
the facilities are subsumed in a religious mission.
``(2) 4-year institutions.--Funds awarded to a 4-year
public institution of higher education under this section
shall not be used for any facility, service, or program of
the institution that is not available to students who are
pursuing a degree or certificate that is not a baccalaureate,
master's, professional, or other advanced degree.
``(d) Green Projects.--In providing assistance to community
college projects under this section, the State shall consider
the extent to which a community college's project involves
activities that are certified, verified, or consistent with
the applicable provisions of--
``(1) the LEED Green Building Rating System;
``(2) Energy Star;
``(3) the CHPS Criteria, as applicable;
``(4) Green Globes; or
``(5) an equivalent program adopted by the State or the
State higher education agency that includes a verifiable
method to demonstrate compliance with such program.
``(e) Reports.--Each State that receives a grant under this
subpart, shall, not later than September 30, 2016, and
annually thereafter for each fiscal year in which the State
expends funds received under this subpart, submit to the
Secretary a report that includes--
``(1) a description of the projects for which the grant
was, or will be, used;
``(2) a description of the amount and nature of the
assistance provided to each community college under this
subpart; and
``(3) the number of jobs created by the projects funded
under this subpart.
``(f) Availability of Funds.--
``(1) Authorization of appropriations; appropriation of
funds.--There are authorized to be appropriated, and there
are appropriated, to carry out this section (in addition to
any other amounts appropriated to carry out this section and
out of any money in the Treasury not otherwise appropriated),
$5,000,000,000 for fiscal year 2016.
``(2) Funds available for obligation.--Funds appropriated
under this subsection shall be available for obligation by
community colleges only during the period that ends 36 months
after the date of enactment of the Every Child Achieves Act
of 2015.
``Subpart 3--General Provisions
``SEC. 5931. DEFINITIONS.
``In this part:
``(1) Community college.--The term `community college'
means--
``(A) a junior or community college, as that term is
defined in section 312(f) of the Higher Education Act of
1965; or
``(B) a 4-year public institution of higher education that
awards a significant number of degrees and certificates, as
determined by the Secretary, that are not--
``(i) baccalaureate degrees (or an equivalent); or
``(ii) master's, professional, or other advanced degrees.
``(2) CHPS criteria.--The term `CHPS Criteria' means the
green building rating program developed by the Collaborative
for High Performance Schools.
``(3) Energy star.--The term `Energy Star' means the Energy
Star program of the Department of Energy and the
Environmental Protection Agency.
``(4) Green globes.--The term `Green Globes' means the
Green Building Initiative environmental design and rating
system referred to as Green Globes.
``(5) 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 standard referred to as the LEED
Green Building Rating System.
``(6) Modernization, renovation, and repair.--The term
`modernization, renovation and repair' means--
``(A) comprehensive assessments of facilities to identify--
``(i) facility conditions or deficiencies that could
adversely affect student and staff health, safety,
performance, or productivity or energy, water, or materials
efficiency; and
``(ii) needed facility improvements;
``(B) repairing, replacing, or installing roofs (which may
be extensive, intensive, or semi-intensive `green' roofs),
electrical wiring, water supply and plumbing systems, sewage
systems, storm water runoff systems,
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lighting systems (or components of such systems); or building
envelope, windows, ceilings, flooring, or doors, including
security doors;
``(C) repairing, replacing, or installing heating,
ventilation, or air conditioning systems, or components of
those systems (including insulation), including by conducting
indoor air quality assessments;
``(D) repairing, replacing, or installing an interior or
exterior system that may include paint or coatings, wall
covering, drywall or plaster, ceiling, baseboards, or floor
covering;
``(E) compliance with fire, health, seismic, and safety
codes, including professional installation of fire and life
safety alarms, and modernizations, renovations, and repairs
that ensure that facilities are prepared for such emergencies
as acts of terrorism, campus violence, and natural disasters,
such as improving building infrastructure to accommodate
security measures and installing or upgrading technology to
ensure that a school or incident is able to respond to such
emergencies;
``(F) making modifications necessary to make educational
facilities accessible in 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), except that such modifications shall not be the primary
use of a grant or subgrant;
``(G) abatement, removal, or interim controls of asbestos,
polychlorinated biphenyls, mold, mildew, or lead-based
hazards, including lead-based paint hazards;
``(H) retrofitting necessary to increase energy efficiency,
which may include insulation or reducing heating and cooling
costs through thermal coating of school facility roofs;
``(I) measures, such as selection and substitution of
products and materials, and implementation of improved
maintenance and operational procedures, such as `green
cleaning' programs, to reduce or eliminate potential student
or staff exposure to--
``(i) volatile organic compounds;
``(ii) particles such as dust and pollens; or
``(iii) combustion gases;
``(J) modernization, renovation, or repair necessary to
reduce the consumption of coal, electricity, land, oil, or
water;
``(K) installation or upgrading of educational technology
infrastructure;
``(L) installation or upgrading of renewable energy
generation and heating systems, including solar,
photovoltaic, wind, biomass (including wood pellet and woody
biomass), waste-to-energy, solar-thermal, fuel cell, and
geothermal systems, and energy audits;
``(M) modernization, renovation, or repair activities
related to energy efficiency and renewable energy,
including--
``(i) insulation of systems functioning as heating,
venting, or air conditioning; and
``(ii) improvements to building infrastructures to
accommodate bicycle and pedestrian access;
``(N) required environmental remediation related to
facilities modernization, renovation, or repair activities
described in subparagraphs (A) through (M);
``(O) ground improvements, storm water management,
landscaping and environmental clean-up when necessary;
``(P) other modernization, renovation, or repair to--
``(i) improve teachers' ability to teach and students'
ability to learn;
``(ii) ensure the health and safety of students and staff;
or
``(iii) improve classroom, laboratory, and vocational
facilities in order to enhance the quality of science,
technology, engineering, and mathematics instruction; and
``(Q) measures designed to reduce or eliminate human
exposure to classroom noise and environmental noise
pollution.
``(7) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Republic of Palau.
``(8) State.--The term `State' means each of the 50 States
of the United States, the Commonwealth of Puerto Rico, and
the District of Columbia.
``SEC. 5932. BUY AMERICAN.
``Section 1605 of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) shall apply to
funds made available under this Act.
``SEC. 5933. COMPLIANCE WITH DAVIS-BACON ACT.
``All laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in
whole or in part pursuant to this Act shall be paid wages at
rates not less than those prevailing on projects of a
character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of part A of title 40, United States Code. With
respect to the labor standards specified in this section, the
Secretary of Labor shall have the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40, United
States Code.
``SEC. 5934. REPORTS.
``(a) Report by the Secretary.--The Secretary shall submit
to the appropriations committees and the authorizing
committees (as defined in section 103 of the Higher Education
Act of 1965) of the House of Representatives and the Senate
an annual report regarding the grants made under this Act,
including the information described in sections 5918 and
5921(e).
``(b) GAO.--Not later than 2 years after the date of
enactment of the Every Child Achieves Act of 2015, the
Comptroller General of the United States shall submit to
Congress a report evaluating the programs carried out under
this part that includes an assessment of the impact and
benefits of each school improvement project funded under this
part.''.
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