[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

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     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

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     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.
                                 ______