[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4882-S4884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2168. Mr. SCHATZ 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 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:
``PART J--SCHOOL FACILITIES
``SEC. 5910. 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 5110.
``(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 2201(b)(2).
``(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) Living building challenge.--The term `Living Building
Challenge' means the Living Building Challenge building
certification program.
``(9) 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.
``(10) 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)(1) for participation in the program
described in subpart 2 of part B of title VI.
``(11) State.--The term `State' means each of the several
states of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``(12) State entity.--The term `State entity' has the
meaning given the term in section 5103.
``(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, which shall include for each school facility--
``(I) the age of the facility;
``(II) the total square footage of the facility that is
used for academic or technical classroom instruction; and
``(III) the year of the last major renovation of the
facility.
``(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 school facilities,
the State educational agency shall transfer such funds to the
State entity responsible for the financing of public school
facilities 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
[[Page S4883]]
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) the Living Building Challenge;
``(V) Green Globes; or
``(VI) 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).
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $1,000,000,000
for fiscal year 2016, and such sums as may be necessary for
each of fiscal years 2017 through 2021.
``SEC. 5911. NATIONAL CENTER FOR EDUCATION STATISTICS STUDY.
``(a) In General.--The Commissioner of 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
Commissioner of the
[[Page S4884]]
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 Commissioner
of 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 Commissioner of the National Center for
Education Statistics shall prepare and submit to Congress a
report containing the results of the study.''.
______