[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5591-S5598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2170. Mr. REED submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division G, add the following:
TITLE XII--REOPEN AND REBUILD AMERICA'S SCHOOLS
SEC. 72001. SHORT TITLE.
This title may be cited as the ``Reopen and Rebuild
America's Schools Act of 2021''.
SEC. 72002. DEFINITIONS.
In this title:
(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 subtitle A 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 72111)).
(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
[[Page S5592]]
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 72112).
(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.
Subtitle A--Grants for the Long-term Improvement of Public School
Facilities
SEC. 72101. PURPOSE AND RESERVATION.
(a) Purpose.--Funds made available under this subtitle
shall be for the purpose of supporting long-term improvements
to public school facilities in accordance with this title.
(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 subtitle--
(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 subtitle C.
(B) Special rules for bureau-funded schools.--
(i) Applicability.--The provisions of subtitle C 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. 72102. ALLOCATION TO STATES.
(a) Allocation to States.--
(1) State-by-state allocation.--
(A) Fiscal year 2022.--Of the amount appropriated to carry
out this subtitle for fiscal year 2022 and not reserved under
section 72101(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 subtitle for each fiscal year other than
fiscal year 2022 and not reserved under section 72101(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 title, 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 72103, 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 72101;
(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 72103;
(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 72101(a)(1)(A),
a State shall provide to the Secretary an assurance that the
State will comply with the requirements of section 72103(c).
(B) Submittal of state plan.--A State shall not be required
to submit a State plan
[[Page S5593]]
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 subtitle, 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. 72103. 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 72102(a) and contributed
by the State under section 72102(c)(1), the State shall award
grants to qualified local educational agencies, on a
competitive basis, to carry out the activities described in
section 72101(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 72101(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 72101(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
[[Page S5594]]
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. 72104. 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 subtitle.
(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 subtitle.
(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 subtitle, 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 subtitle.
(c) LEA Information Collection.--A local educational agency
that receives a grant under this subtitle 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. 72105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated, and there are
appropriated, $20,000,000,000 for each of fiscal years 2022
through 2026 to carry out this subtitle. Amounts so
appropriated are authorized to remain available through
fiscal year 2031.
Subtitle B--School Infrastructure Bonds
SEC. 72111. 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 54E(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.
[[Page S5595]]
SEC. 72112. SCHOOL INFRASTRUCTURE BONDS.
(a) In General.--The Internal Revenue Code of 1986 is
amended by inserting after subpart I (as revived by section
72111) 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
72101 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 72101 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 72103 the of the Reopen and Rebuild
America's Schools Act of 2021 and the eligibility
requirements described in section 72103(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 72101(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 72111(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 72111(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. 72113. 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 72111 and 72112.
(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
[[Page S5596]]
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.
Subtitle C--Uses of Funds
SEC. 72211. ALLOWABLE USES OF FUNDS.
(a) In General.--Except as provided in section 72212, a
local educational agency that receives covered funds may use
such funds to--
(1) develop the facilities master plan required under
section 72213(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. 72212. 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. 72213. 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. 72214. 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. 72215. 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.
[[Page S5597]]
(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.
Subtitle D--Reports and Other Matters
SEC. 72311. 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. 72312. 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. 72313. 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
72312(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. 72314. 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
72313(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.
Subtitle E--Impact Aid Construction
SEC. 72411. 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, and
there are appropriated, $100,000,000 for each of fiscal years
2022 through 2026.''.
Subtitle F--Assistance for Repair of School Foundations Affected by
Pyrrhotite
SEC. 72511. 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
72512.
(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. 72512. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--From the amounts allocated to a State
under section 72511(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.
[[Page S5598]]
(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) subtitle A.
SEC. 72513. DEFINITIONS.
In this subtitle:
(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. 72514. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle such sums as may be necessary for fiscal year 2022
and each fiscal year thereafter.
______