[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5049 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5049
To provide for the long-term improvement of public school facilities,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Scott of Virginia (for himself, Mr. Norcross, Ms. Stevens, Mrs.
McBath, Ms. Dean of Pennsylvania, Ms. Wilson of Florida, Ms. Escobar,
Mr. David Scott of Georgia, Mr. Panetta, Ms. Sanchez, Ms. Norton, Mr.
Takano, Mr. Sablan, Ms. Bonamici, Mr. Thompson of Mississippi, Mr.
Smith of Washington, Ms. Jacobs, Ms. Castor of Florida, Ms. Moore of
Wisconsin, Mr. Casten, Mr. Lieu, Mr. McGovern, Ms. Garcia of Texas, Ms.
Lois Frankel of Florida, Mr. Krishnamoorthi, Ms. Titus, Mr. Sarbanes,
Ms. Plaskett, Ms. Balint, Mr. Ivey, Mr. Green of Texas, Mr. DeSaulnier,
Mr. Davis of Illinois, Mr. Pocan, Mr. Sherman, Ms. Brown, Mr. Mfume,
Mrs. Hayes, Ms. Strickland, Ms. Pingree, Mr. Trone, Mr. Courtney, Ms.
Wild, Ms. Omar, Mr. Beyer, Mr. Morelle, Mrs. Napolitano, Mr. Larson of
Connecticut, Ms. Lee of California, Ms. Porter, Ms. DeGette, Mr.
Cuellar, Mr. Gallego, Ms. Scanlon, Ms. Schakowsky, Mr. Ruppersberger,
Mr. Pascrell, Mr. Garamendi, Ms. Ross, Mr. Soto, Mr. Vargas, Mr. Mrvan,
Ms. Brownley, Mr. Raskin, and Mr. Garcia of Illinois) introduced the
following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committee on Ways and Means, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for the long-term improvement of public school facilities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rebuild America's
Schools Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL
FACILITIES
Sec. 101. Purpose and reservation.
Sec. 102. Allocations to States.
Sec. 103. Need-based grants to qualified local educational agencies.
Sec. 104. Annual report on grant program.
Sec. 105. Authorization of appropriations.
TITLE II--SCHOOL INFRASTRUCTURE BONDS
Sec. 201. Restoration of certain qualified tax credit bonds.
Sec. 202. School infrastructure bonds.
Sec. 203. Annual report on bond program.
TITLE III--USES OF FUNDS
Sec. 301. Allowable uses of funds.
Sec. 302. Prohibited uses.
Sec. 303. Requirements for hazard-resistance and energy and water
conservation.
Sec. 304. Green practices.
Sec. 305. Use of American iron, steel, and manufactured products.
TITLE IV--REPORTS AND OTHER MATTERS
Sec. 401. Comptroller General report.
Sec. 402. Study and report on physical condition of public schools.
Sec. 403. Office of School Infrastructure and Sustainability.
Sec. 404. Development of data standards.
Sec. 405. Information clearinghouse.
Sec. 406. Sense of Congress on opportunity zones.
TITLE V--IMPACT AID CONSTRUCTION
Sec. 501. Temporary increase in funding for impact aid construction.
TITLE VI--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY
PYRRHOTITE
Sec. 601. Allocations to States.
Sec. 602. Grants to local educational agencies.
Sec. 603. Definitions.
Sec. 604. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Education and the Workforce 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 title I 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 201)).
(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 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) Net zero energy school.--The term ``net zero energy
school'' means a public elementary school or public secondary
school that--
(A) generates renewable energy on-site; and
(B) produces enough renewable energy to meet its
own annual energy consumption requirements.
(7) Public school facilities.--The term ``public school
facilities'' means the facilities and grounds of a public
elementary school or a public secondary school.
(8) 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.).
(9) 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 202).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(11) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL
FACILITIES
SEC. 101. PURPOSE AND RESERVATION.
(a) Purpose.--Funds made available under this title shall be for
the purpose of supporting long-term improvements to public school
facilities in accordance with this Act.
(b) Reservation for Outlying Areas and Bureau-Funded Schools.--
(1) In general.--For each of fiscal years 2024 through
2028, the Secretary shall reserve, from the amount appropriated
to carry out this title--
(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 title III.
(B) Special rules for bureau-funded schools.--
(i) Applicability.--The provisions of title
III 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. 102. ALLOCATION TO STATES.
(a) Allocation to States.--
(1) State-by-state allocation.--
(A) Fiscal year 2024.--Of the amount appropriated
to carry out this title for fiscal year 2024 and not
reserved under section 101(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 section 103(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 title for each fiscal year other than
fiscal year 2024 and not reserved under section 101(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 5
percent of its allocation under paragraph (1) to carry out its
responsibilities under this Act, which shall include--
(A) 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;
(B) in accordance with the guidance issued by the
Secretary under section 404, 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 clauses
(i) through (vii) of subparagraph (F);
(ii) the age (including an identification
of the date of any retrofits or recent
renovations) of--
(I) the facility;
(II) its roof;
(III) its electrical panels and
lighting system;
(IV) its windows and any skylights;
(V) its cooking equipment and major
appliances;
(VI) its plumbing; and
(VII) its heating, ventilation, and
air conditioning system, including any
energy management controls and systems;
(iii) fire safety inspection results;
(iv) the proximity of the facilities to
toxic sites, including sites contaminated by
per- and polyfluoroalkyl substances, 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, including per-
and polyfluoroalkyl substances;
(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; and
(vii) any improvements that are needed to
support energy and water efficiency,
resilience, and climate mitigation;
(C) updating the database developed under
subparagraph (B) not less frequently than once every 3
years;
(D) ensuring that the information in the database
developed under subparagraph (B)--
(i) is posted on a publicly accessible
State website; and
(ii) is regularly distributed to local
educational agencies and Tribal governments in
the State;
(E) issuing and reviewing regulations to ensure the
health and safety of students and staff during
construction or renovation projects;
(F) 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--
(I) address the presence of lead
and other contaminants, including per-
and polyfluoroalkyl substances, in such
water; and
(II) require the regular testing of
the potability of water at the tap and
testing for contaminants, including
per- and polyfluoroalkyl substances;
(iv) energy and water efficiency;
(v) excessive classroom noise due to
activities allowable under section 301;
(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;
(G) creating a plan to reduce or eliminate exposure
to toxic substances, including mercury, radon, PCBs,
lead, vapor intrusions, per- and polyfluoroalkyl
substances, and asbestos; and
(H) creating a plan to increase the number of net
zero energy schools in the State, including
professional development opportunities for State and
local educational agency staff involved in maintenance,
operations, and school facilities capital outlay
projects related to energy and water efficiency,
resilience, climate mitigation, renewable energy,
energy storage, and building electrification.
(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 103, including how the State will consider the
impact that projects will have on student diversity and
racial and socioeconomic isolation of students
attending any current (as of the time of the submission
of the plan) or future public school facilities
supported by such projects;
(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 2024.--
(A) Assurance to secretary.--To be eligible to
receive an allocation for fiscal year 2024 under
subsection (a)(1)(A), a State shall provide to the
Secretary an assurance that the State will comply with
the requirements of section 103(c).
(B) Submittal of state plan.--A State shall not be
required to submit a State plan under paragraph (1)
before receiving an allocation for fiscal year 2024
under subsection (a)(1)(A). A State that receives an
allocation under such subsection 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, 2031.
(C) Certain fiscal years.--With respect to a fiscal
year for which more than $7,000,000,000 are
appropriated to carry out this title, 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) Waiver.--Notwithstanding clause (i),
in response to a request from a State, the
Secretary may modify or waive, in whole or in
part, the requirement of clause (i) if the
Secretary determines that such State
demonstrates an exceptional or uncontrollable
circumstance, such as a natural disaster,
pandemic, or precipitous decline in revenue.
(iii) 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.
(iv) 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.
(v) 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 (iv); 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 (iv).
(2) Supplement not supplant.--The State shall use an
allocation under this section only to supplement the level of
State public funds that would, in absence of the receipt of
Federal funds under this section, be made available for the
State's contribution to school facilities capital outlays, and
not to supplant such State public funds.
SEC. 103. 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 102(a) and contributed by
the State under section 102(c)(1), the State shall award grants
to qualified local educational agencies, on a competitive
basis, to carry out the activities described in section 301(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 to carry out
activities to improve digital learning in accordance with
section 301(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.--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 301(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).
(d) 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) and (c);
(2) a description of the projects that the agency plans to
carry out with the grant;
(3) an explanation of how such projects will--
(A) improve conditions for the health and safety of
staff and students at schools served by the agency;
(B) improve learning and reduce inequity for such
students; and
(C) improve school facilities' performance with
respect to energy and water efficiency, resilience, and
climate mitigation;
(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 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; and
(5) an explanation of how the local educational agency
plans to increase the number of contracts such agency has with
certified small businesses, minority-owned businesses, veteran-
owned businesses, or women-owned businesses as of the date of
submission of the application by awarding such contracts under
projects supported by the grant.
(e) 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,
resilience, and climate mitigation;
(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
the conditions identified under subparagraph (C),
including identifying performance targets where
applicable;
(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.
SEC. 104. 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 title.
(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 title.
(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 title, 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, including any improvements--
(i) to conditions for health, safety, and
learning; and
(ii) to school facilities with respect to
energy and water efficiency, resilience,
reduced carbon emissions, and climate
mitigation;
(E) the square footage of the improvements made
with covered funds;
(F) the total cost of each such project--
(i) in total; and
(ii) disaggregated by the costs of
planning, design, construction, site purchase,
and improvements;
(G) the estimated number of jobs created by the
projects;
(H) of the total number of contracts awarded under
the project, the percentage of such contracts that were
awarded to certified small businesses, minority-owned
businesses, veteran-owned businesses, and women-owned
businesses; and
(I)(i) the total dollar value of contracts awarded
under the project to certified small businesses,
minority-owned businesses, veteran-owned businesses,
and women-owned businesses, respectively; and
(ii) the total dollar value of contracts awarded
under the project to all such businesses combined.
(3) The total dollar amount of all grants received by local
educational agencies under this title.
(c) LEA Information Collection.--A local educational agency that
receives a grant under this title 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. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000,000 for each of
fiscal years 2024 through 2028 to carry out this title. Amounts so
appropriated are authorized to remain available through fiscal year
2033.
TITLE II--SCHOOL INFRASTRUCTURE BONDS
SEC. 201. 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 54(E)(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 2023 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, 2023.
SEC. 202. SCHOOL INFRASTRUCTURE BONDS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting after subpart I (as revived by section 201) 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 301 of the Rebuild America's Schools Act of
2023,
``(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 301 of the Rebuild
America's Schools Act of 2023 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 2023,
``(2) $10,000,000,000 for 2024, and
``(3) $10,000,000,000 for 2025.
``(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 103
of the Rebuild America's Schools Act of 2023 and the
eligibility requirements described in section 103(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 301(b) of the Rebuild
America's Schools Act of 2023.
``(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) a 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 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 201(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 201(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, 2023.
SEC. 203. 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 201 and 202.
(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
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.
TITLE III--USES OF FUNDS
SEC. 301. ALLOWABLE USES OF FUNDS.
(a) In General.--Except as provided in section 302, a local
educational agency that receives covered funds may use such funds to--
(1) develop, maintain, and update (as necessary) the
facilities master plan required under section 103(e);
(2) construct, modernize, renovate, or retrofit public
school facilities, which may include seismic retrofitting for
schools vulnerable to seismic natural disasters;
(3) decarbonize public school facilities through the
adoption of all-electric space and water heating systems and
cooking equipment, including other efficiency improvements and
on-site renewable energy installation;
(4) carry out major repairs of public school facilities,
including deferred maintenance projects;
(5) install furniture or fixtures with at least a 10-year
life in public school facilities;
(6) construct new public school facilities;
(7) acquire and prepare sites on which new public school
facilities will be constructed;
(8) extend the life of basic systems and components of
public school facilities;
(9) ensure current or anticipated enrollment does not
exceed the physical and instructional capacity of public school
facilities;
(10) ensure the building envelopes and interiors of public
school facilities protect occupants from natural elements and
human threats, and are structurally sound and secure;
(11) 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;
(12) improve energy and water efficiency to lower the costs
of energy and water consumption in public school facilities;
(13) improve indoor air quality in public school
facilities;
(14) reduce or eliminate the presence of--
(A) toxic substances, including mercury, radon,
PCBs, lead, per- and polyfluoroalkyl substances, and
asbestos;
(B) mold and mildew; or
(C) rodents and pests;
(15) 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, including per-
and polyfluoroalkyl substances;
(16) bring public school facilities into compliance with
applicable fire, health, and safety codes;
(17) 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);
(18) 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);
(19) improving the public school facilities of magnet
schools, or other instructional programs, designed to increase
student diversity and decrease racial or socioeconomic
isolation;
(20) increase the use of public school facilities for the
purpose of community-based partnerships that provide students
with academic, health, and social services;
(21) ensure the health of students and staff during the
construction or modernization of public school facilities; or
(22) 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. 302. 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 or managed 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 for-profit 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. 303. 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
code or standard.
SEC. 304. GREEN PRACTICES.
(a) In General.--A local educational agency that uses covered funds
for a new construction. modernization, or renovation project shall
ensure that such project for new construction 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;
(4) the Green Building Initiative Green Globes rating
system; or
(5) a program that--
(A) has standards that are equivalent to or more
stringent than the standards of a program described in
paragraphs (1) through (4);
(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.
SEC. 305. 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.
(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) nonferrous building materials, including,
aluminum and polyvinylchloride (PVC), glass, fiber
optics, plastic, wood, masonry, rubber, manufactured
stone, any other nonferrous metals, and any
unmanufactured construction material.
TITLE IV--REPORTS AND OTHER MATTERS
SEC. 401. COMPTROLLER GENERAL REPORT.
(a) In General.--Not later than 2 years after the date on which the
majority of States receiving allocations under section 102 have made
grants to local educational agencies under section 103, 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) criteria used by each State to determine high-
need students and facilities for purposes of the
projects carried out with covered funds; and
(B) 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 costs of the project disaggregated by the
costs for planning, design, construction, site
purchase, and improvements;
(3) the geographic distribution of the projects;
(4) an assessment of the impact of selected projects (as
identified by the Secretary) on the health and safety of school
staff and students; and
(5) 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 under this section to the appropriate congressional committees--
(1) on a date that is between 5 and 6 years after the date
of the submittal of the first report under this section; and
(2) on a date that is between 10 and 11 years after the
date of the submittal of such first report.
SEC. 402. 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;
(I) the ability of building envelopes and interiors
of public school facilities to protect occupants from
natural elements and human threats; and
(J) the performance of school facilities projects
with respect to energy and water efficiency and climate
mitigation and resilience;
(2) an explanation of any differences observed with respect
to the factors described in subparagraphs (A) through (J) of
paragraph (1); and
(3) a cost estimate for bringing school facilities to a
state of good repair, as determined by the Secretary.
SEC. 403. OFFICE OF SCHOOL INFRASTRUCTURE AND SUSTAINABILITY.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish within the
Department of Education an office to be known as the ``Office of School
Infrastructure and Sustainability'' (referred to in this section as the
``Office'').
(b) Head of Office.--The head of the Office shall be an individual
designated by the Secretary.
(c) Duties.--The duties of the Office shall be--
(1) to advise the Secretary on State plans under section
102;
(2) to serve as a liaison with other departments and
agencies of the Federal Government on matters relating to
public school facilities, including the Department of Energy,
the Department of Health and Human Services, the Department of
the Treasury, the Federal Emergency Management Agency, and the
Environmental Protection Agency;
(3) to ensure the Department of Education is prepared to
meet the requirements of this Act in a timely manner; and
(4) to manage such other programs or initiatives affecting
public school facilities as the Secretary determines
appropriate.
SEC. 404. 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 102(a)(2)(B);
(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. 405. 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 404(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 to effectively access and
use such Federal programs and financing mechanisms.
SEC. 406. SENSE OF CONGRESS ON OPPORTUNITY ZONES.
(a) Findings.--The Congress finds as follows:
(1) Opportunity Zones were championed by prominent leaders
of both parties as an innovative way to tackle longstanding
challenges.
(2) As of December 2018, 8,763 low-income communities had
been designated as Opportunity Zones, representing all 50
States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, and American Samoa.
(3) Schools are integral parts of communities, and a key
part of communities' economic and workforce development efforts
could be modernizing school facilities.
(b) Sense of Congress.--It is the sense of the Congress that
opportunity zones, when combined with public infrastructure investment,
can provide an innovative approach to capital financing that has the
potential to unleash creativity and help local communities rebuild
schools, rebuild economics, and get people back to work.
TITLE V--IMPACT AID CONSTRUCTION
SEC. 501. 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 $100,000,000 for each of fiscal
years 2024 through 2028.''.
TITLE VI--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY
PYRRHOTITE
SEC. 601. 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 602.
(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. 602. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--From the amounts allocated to a State under
section 601(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.
(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);
(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) title I.
SEC. 603. DEFINITIONS.
In this title:
(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. 604. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
such sums as may be necessary for fiscal year 2024 and each fiscal year
thereafter.
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