[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2988 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2988
To establish a Green New Deal for public schools.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28 (legislative day, September 22), 2023
Mr. Markey (for himself and Mr. Sanders) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a Green New Deal for public schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green New Deal for Public Schools
Act of 2023''.
SEC. 2. TABLE OF CONTENTS.
This table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--CLIMATE CAPITAL FACILITIES GRANTS, RESOURCE BLOCK GRANTS, AND
EDUCATIONAL EQUITY GRANTS
Sec. 101. General provisions.
Sec. 102. Climate capital facilities grants.
Sec. 103. Resource block grants.
Sec. 104. Educational equity planning grants.
Sec. 105. IDEA funding.
Sec. 106. Elementary and Secondary Education funding.
TITLE II--CLIMATE CHANGE RESILIENCY
Sec. 201. Definitions.
Sec. 202. Climate change resiliency program.
Sec. 203. Grant program.
Sec. 204. Report.
Sec. 205. Authorization of appropriations; mandatory appropriations.
SEC. 3. DEFINITIONS.
Except as otherwise expressly provided, in this Act:
(1) BIE terms.--The terms ``BIE schools'' and ``schools
funded by BIE'' means--
(A) schools and dormitories operated by the Bureau
of Indian Education;
(B) schools and dormitories operated pursuant to a
grant under the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.); and
(C) schools and dormitories operated pursuant to a
contract under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.).
(2) ESEA terms.--The terms ``child with a disability'',
``elementary school'', ``English learner'',
``paraprofessional'', ``secondary school'', ``local educational
agency'', and ``Secretary'' have the meanings given those terms
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(3) CDC svi.--The term ``CDC SVI'' means the Social
Vulnerability Index of the Centers for Disease Control and
Prevention, which is a composite indicator that includes
poverty rate and other variables and is based on the most
recent data available from the American Community Survey.
(4) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all people,
regardless of race, color, culture, national origin, or income,
with respect to the development, implementation, and
enforcement of policies and projects to ensure that each person
enjoys the same degree of protection from the adverse effects
of climate change.
(5) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people, regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access to any Federal agency action on
justice issues related to the environment in order to
have a healthy environment in which to live, learn,
work, and recreate.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code.
(7) Vulnerability ranking.--The term ``vulnerability
ranking'' means the ranking of each public elementary school
and secondary school in the United States based on the CDC SVI
of the Census tract in which the school is located.
TITLE I--CLIMATE CAPITAL FACILITIES GRANTS, RESOURCE BLOCK GRANTS, AND
EDUCATIONAL EQUITY GRANTS
SEC. 101. GENERAL PROVISIONS.
(a) Creation of New Office at the Department of Education.--There
is established in the Department of Education, an Office of Sustainable
Schools, which shall--
(1) administer the resource block grant program under
section 103 and the educational equity grant program under
section 104;
(2) in close collaboration with the Department of Energy,
the White House Office of Domestic Climate Policy, the
Environmental Protection Agency, and the Department of
Agriculture, coordinate the activities of those grant programs
with--
(A) the activities of the climate capital
facilities grant program under section 102,
administered by the Secretary of Energy; and
(B) the activities of the climate change resiliency
program under title II.
(b) Resource Allocation Plan.--Each applicant for a grant under
this title shall submit with their application a resource allocation
plan, which shall include--
(1) a detailed explanation of how the grant funds will be
spent; and
(2) a values statement document, which shall be developed
after a community-engaged planning process, with representation
from educators, principals, administrators, students, parents,
school boards, caregivers, Indian Tribes (where applicable),
and community organizations that have documented experience as
local providers and partners, and which shall include--
(A) an outline of the applicant's goals to address
environmental, economic, and educational equity in the
projects and activities supported by the grant funds;
(B) annual benchmarks to measure the applicant's
progress toward meeting those goals;
(C) a plan to ensure that, to the greatest extent
practicable, not less than 30 percent of all jobs
funded by the grant will be--
(i) filled by individuals hired through a
local community-based hiring process, in a
matter that contributes to the stated equity
goals, especially individuals who reside in the
same catchment area as students attending the
school in which those individuals will work, or
individuals who previously attended the school
in which those individuals will work; or
(ii) filled by individuals who reside in a
zip code served by the local educational agency
receiving the grant or in a neighboring zip
code;
(D) as applicable, a commitment to local hiring
from businesses, nonprofit organizations, and
cooperatives (including worker cooperatives) in a
manner that contributes to the stated equity goals,
advances the economic and social empowerment of
traditionally disadvantaged individuals and communities
(including low-income and low-wealth individuals and
communities), and creates opportunities for--
(i) people of color;
(ii) immigrants, regardless of immigrant
status;
(iii) formerly incarcerated individuals;
(iv) women;
(v) LGBTQIAP+ individuals;
(vi) individuals with disabilities or
chronic illness;
(vii) young or elderly individuals;
(viii) young adults exiting the foster care
system; and
(ix) unhoused individuals; and
(E) a plan to ensure the greatest practicable
number of training opportunities within schools
benefitting from grant funds under this Act.
(c) Documentation.--
(1) In general.--Each recipient of a grant under this title
shall document the recipient's progress toward meeting the
resource allocation plan goals over the course of the grant
period on a public digitized platform, which may be an existing
public dashboard, data center, or information hub of a public
website.
(2) Requirements.--A grant recipient shall establish and
maintain a public digitized platform for the purposes described
in this subsection if one has not already been established on
the date of the grant award.
(3) Accessible data.--Each recipient of a grant under this
title shall ensure that data described in this subsection and
presented on the public digitized platform is accessible to
individuals in multiple languages (as applicable to the
relevant community), accessible to individuals with different
literacy levels, accessible to those with sensory deficits, and
standardized.
(d) Bureau of Indian Education.--
(1) In general.--The Secretary of Education and the
Secretary of Energy, as applicable, in conjunction with the
Secretary of the Interior, shall reserve a sufficient amount of
grant funding and additional administrative expenses, for each
grant program authorized under this title, for the Bureau of
Indian Education to fully carry out the applicable grant
activities at all BIE schools and schools funded by BIE, which
shall include providing any necessary technical assistance to
assist a BIE school or school funded by BIE in creating a
resource allocation plan or meeting other grant requirements in
collaboration with the applicable Indian Tribe and community
members.
(2) Ensuring sovereignty and self-determination.--The
Secretary of Education, the Secretary of Energy, and the
Secretary of the Interior shall ensure that the administration
of funds reserved under paragraph (1) and provision of
technical assistance under paragraph (1) is carried out in
accordance with principles of Indian Tribal sovereignty and
self-determination.
SEC. 102. CLIMATE CAPITAL FACILITIES GRANTS.
(a) Definitions.--In this section:
(1) Healthy green retrofit.--The term ``healthy green
retrofit'', with respect to a facility, means the holistic
modification of the entire facility to remove health harms,
eliminate greenhouse gas emissions, and ensure a safe,
accessible, and comfortable environment, including through
measures that achieve or convert the facility to address the
following goals:
(A) Optimal air quality.
(B) Detoxification of air, water, and materials.
(C) Enhanced light quality.
(D) Improved energy efficiency.
(E) Improved water quality and efficiency.
(F) Safe and effective wastewater treatment.
(G) Electrification and decarbonization.
(H) Optimized energy management.
(I) Distributed renewable energy.
(J) Structural integrity.
(K) Resilience to the impacts of climate change and
natural hazards.
(L) Comfort and accessibility for all users of the
facility, including temperature control.
(2) Healthy zero-carbon school.--The term ``healthy zero-
carbon school'' means a public school, BIE school, or school
funded by BIE--
(A) with highly energy-efficient facilities that
produce onsite, or procure, sufficient carbon-free and
pollution-free renewable energy to meet the total
annual energy consumption of the public school, BIE
school, or school funded by BIE;
(B) that does not contain any asbestos, mold,
fungus, lead, polychlorinated biphenyl (PCB), or other
contaminant identified as high-priority by the Office
of Sustainable Schools;
(C) the space heating, water heating, and lighting
systems of which are all-electric;
(D) the food service facilities of which use all-
electric systems that include contemporary induction
burners and convection stoves;
(E) that has installed onsite renewable energy,
including solar photovoltaic systems, batteries,
flywheels, compressed air systems, pumped hydroelectric
systems, thermal energy storage systems, and any other
technologies that provide distributed renewable energy
generation, energy storage, and resilience to extreme
weather events, whenever conditions permit;
(F) that continuously provides clean air, clean
water, and a comfortable learning and working
environment, including with respect to temperature;
(G) that integrates natural and mechanical systems
for natural daylight, views to the outdoors, and
operable windows;
(H) that provides full accessibility in compliance
with--
(i) the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
(ii) applicable provisions of section 504
of the Rehabilitation Act of 1973 (29 U.S.C.
794); and
(I) that is designed to promote a safe, inclusive,
and welcoming environment for all students and staff.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Public school.--The term ``public school'' means--
(A) a public elementary school; and
(B) a public secondary school.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish program under
which the Secretary shall provide grants to eligible entities described
in subsection (d)(1)--
(1) to conduct healthy green retrofits at facilities of the
eligible entities to convert existing public schools, BIE
schools, or schools funded by BIE into healthy zero-carbon
schools; and
(2) to construct new, healthy zero-carbon schools, subject
to the condition that each new, healthy zero-carbon school so
constructed shall be located not less than 2,500 feet from any
oil or gas wells in the vicinity of the healthy zero-carbon
school.
(c) Application.--
(1) In general.--An eligible entity desiring a grant under
subsection (b) shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
(2) Technical assistance.--On request of an eligible entity
applying for a grant under this section, the Secretary shall
provide to the eligible entity technical assistance to develop
the resource allocation plan required under section 101(b).
(3) Approval.--The Secretary shall approve each application
that meets the requirements of this section. In the case of an
application that does not meet such requirements, the Secretary
shall consult with the eligible entity and shall provide
technical assistance, as necessary, to ensure that the eligible
entity meets such requirements.
(d) Description of Eligible Entities.--
(1) In general.--Subject to paragraph (2), any of the
following shall be eligible to receive a grant under this
section:
(A) A public school.
(B) A local educational agency, on behalf of 1 or
more public schools.
(C) A BIE school.
(D) A school funded by BIE.
(2) Limitation.--During the 4-year period beginning on the
date of establishment of the grant program under subsection
(b), only an eligible entity described in paragraph (1) that is
a public school ranked as one of the 1/3 most vulnerable
schools in the United States, based on the vulnerability
ranking, a local educational agency applying on behalf of such
a school, or any BIE school or school funded by BIE, shall be
eligible to receive a grant under this section.
(e) Allocation of Grant Funds.--
(1) In general.--Subject to paragraph (2), the Secretary
shall provide to each eligible entity that submits an
application approved by the Secretary under subsection (c)(3) a
grant in accordance with this section.
(2) Allocation.--
(A) In general.--The Secretary shall allocate grant
funds to eligible entities described in paragraph (1)
in accordance with the formula established under
paragraph (3), subject to the conditions described in
subparagraph (B).
(B) Conditions for healthy green retrofit
projects.--In allocating grant funding to carry out
projects described in subsection (b)(1), the Secretary
shall make allocations as follows:
(i) The amount of a grant provided under
this section to an eligible entity that uses
such amount to serve a public school ranked as
one of the 1/3 most vulnerable schools in the
United States, based on the vulnerability
ranking, a local educational agency applying on
behalf of such a school, or any BIE school or
school funded by BIE, shall be sufficient to
cover 100 percent of cost of carrying out a
project described in subsection (b)(1).
(ii) The amount of a grant provided under
this section to an eligible entity that uses
such amount to serve a public school ranked as
one of middle 1/3 of schools in the United
States, based on the vulnerability ranking, or
a local educational agency applying on behalf
of such a school, shall be sufficient to cover
\2/3\ of the cost of carrying out a project
described in subsection (b)(1).
(iii) The amount of a grant provided under
this section to an eligible entity that uses
such amount to serve a public school ranked as
one of the 1/3 least vulnerable schools in the
United States, based on the vulnerability
ranking, or a local educational agency applying
on behalf of such a school, shall be sufficient
to cover \1/3\ of the cost of carrying out a
project described in subsection (b)(1).
(C) Loans.--
(i) In general.--An eligible entity
described in clause (ii) or (iii) of
subparagraph (B) may submit to the Secretary an
application for a no-interest or low-interest
loan to cover any remaining costs of carrying
out a project described in subsection (b)(1).
(ii) Limitation.--The total amount of loans
provided by the Secretary under clause (i)
shall be not more than $446,000,000,000.
(3) Funding formula.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall establish a formula for purposes of
paragraph (2), based on the results of the initial
audit conducted under subsection (h)(1)(A).
(B) Revisions.--After each subsequent audit is
conducted under subsection (h)(1)(B), the Secretary
shall revise the formula established under subparagraph
(A), based on the results of that audit.
(f) Use of Grant Funds.--
(1) In general.--A recipient of a grant under this section
shall use the grant--
(A) to conduct healthy green retrofits to convert 1
or more facilities to a healthy zero-carbon school as
soon as practicable after receiving the grant funds; or
(B) to construct a new, healthy zero-carbon school.
(2) Activities to support school safety, security, and a
welcoming school environment.--
(A) In general.--In carrying out activities to
comply with paragraph (1), a grant recipient shall--
(i) consider and seek to incorporate, to
the greatest extent practicable, design and
construction strategies to promote safety and
security, support accessibility, prevent
violence, promote a sense of belonging, improve
student mental health and physical well-being,
and foster a positive, inclusive, and welcoming
school culture and environment, including
through evidence-based, trauma-informed
physical updates, such as--
(I) access control measures;
(II) internal door locks;
(III) appropriate lighting,
including natural daylight;
(IV) noise, temperature, and odor
control;
(V) spaces for storytelling,
collaboration, connection, play, and
movement;
(VI) student-curated displays;
(VII) clear wayfinding;
(VIII) design principles to
facilitate high-quality emergency
response or planning; and
(IX) other design and construction
measures; and
(ii) engage students, parents, educators,
and school staff early in the design process.
(B) Limitation.--A grant recipient may not use
grant funds under this section--
(i) for measures that subject students to
potential penalties imposed by law enforcement,
unduly surveil students, or otherwise detract
from a positive, inclusive, and welcoming
school culture and environment; and
(ii) for measures that would reduce the
accessibility of the school environment for
children with disabilities.
(3) Additional authorized uses.--After complying with
paragraph (1), a recipient of a grant under this section may
use the grant to pursue other projects, consistent with the
goals of a healthy green retrofit, and in doing so, is
encouraged to install green rooftops that reduce stormwater
runoff and maximize urban island heat effect reduction
benefits. Such rooftops shall meet the minimum performance
standard specified within the Living Architecture Performance
Tool (LAPT) rating system, and shall be implemented or
completed in consultation with at least one Green Roof
Professional (GRP) as accredited by the Green Roof Industry
Association.
(4) Solar pv systems.--A recipient of a grant under this
section is encouraged to use the grant to purchase and install
1 or more solar photovoltaic systems to maximize returns,
rather than leasing roof space to other individuals or
entities.
(5) Efficiency standards.--In carrying out a project using
a grant provided under this section, an eligible entity shall
carry out reasonable measures to meet the following energy
efficiency standards, as applicable:
(A) For a new construction project, design and
operate the applicable facility--
(i) to achieve--
(I) a site energy use intensity
equal to or less than 25 kBtu/sf/year;
or
(II) an Energy Star score of 90;
and
(ii) to offset not less than 30 percent of
energy consumption with onsite renewable
energy.
(B) For a project to modify an existing facility,
design and operate the facility--
(i) to achieve--
(I) a site energy use intensity
equal to or less than 35 kBtu/sf/year;
or
(II) an Energy Star score of 70;
and
(ii) to offset not less than 20 percent of
energy consumption with onsite renewable
energy.
(6) Additional standards.--In carrying out a project using
a grant provided under this section, an eligible entity shall
adhere to the applicable guidance contained in--
(A) the design guide of the American Society of
Heating, Refrigeration and Air-Conditioning Engineers
(ASHRAE) entitled ``Achieving Zero Energy--Advanced
Energy Design Guide for K-12 School Buildings''; and
(B) the document of the National Renewable Energy
Laboratory entitled ``A Guide to Zero Energy and Zero
Energy Ready K-12 Schools''.
(g) Measurements and Assessments.--
(1) In general.--On conclusion of a healthy green retrofit
or construction project funded by a grant under this section,
the applicable eligible entity shall submit to the Secretary a
measurement and assessment of the energy performance of each
facility affected by the project, as determined--
(A) before and after the project; and
(B) based on standards agreed to by the eligible
entity and the Secretary.
(2) Publication.--The Secretary shall make all data
submitted under paragraph (1) relating to performance changes
publicly available to enable subsequent healthy green retrofit
project sponsors to learn from, and improve on, the processes
and technologies used.
(h) Comprehensive Audits of Healthy Green Retrofit Needs.--
(1) Audits.--
(A) Initial audit.--Not later than 180 days after
the date on which the Office of Sustainable Schools is
established under section 101(a), the Secretary,
working jointly with the head of the Office of
Sustainable Schools, shall complete an audit of a
representative sample of public schools, BIE schools,
and schools funded by BIE across the United States to
identify healthy green retrofit needs.
(B) Subsequent audits.--After the initial audit is
completed under subparagraph (A), the Secretary,
working jointly with the head of the Office of
Sustainable Schools, periodically shall complete an
audit of all public schools, BIE schools, and schools
funded by BIE across the United States to identify
healthy green retrofit needs.
(2) Requirement.--Each audit under paragraph (1) shall take
into account--
(A) local climatic conditions;
(B) regional variation;
(C) the high capital needs of public schools served
by local educational agencies that enroll a high
percentage of low-income children, BIE schools, and
schools funded by BIE;
(D) regional labor costs and labor markets; and
(E) other necessary criteria, as determined by the
Secretary.
(i) Consultations.--In administering the grant program established
under subsection (b) and conducting each audit under subsection (h)(1),
the Secretary shall collaborate closely with, and seek technical
assistance from--
(1) the National Laboratories, particularly the National
Renewable Energy Laboratory;
(2) the Environmental Protection Agency; and
(3) other Federal departments and agencies, as the
Secretary determines to be necessary.
(j) Design Guide.--The Secretary shall encourage the National
Renewable Energy Laboratory to develop a new design guide for schools
that takes into account best practices and lessons learned from the
implementation of the grant program established under subsection (b).
(k) Labor Standards.--
(1) Labor and buy american provisions.--
(A) In general.--Each contractor or subcontractor
for a project funded by a grant under this section
shall carry out the following:
(i) Ensure that the materials used by the
contractor or subcontractor are substantially
manufactured, mined, and produced in the United
States in accordance with chapter 83 of title
41, United States Code (commonly known as the
``Buy American Act'').
(ii) Ensure that all laborers and mechanics
employed by the contractor or subcontractor in
the performance of construction, alteration,
repair, or maintenance work financed in whole
or in part with assistance under this section
shall be paid wages at rates not less than
those prevailing on similar construction in the
locality, as determined by the Secretary of
Labor, in accordance with subchapter IV of
chapter 31 of title 40, United States Code
(commonly known as the ``Davis-Bacon Act'').
With respect to the labor standards in this
clause, the Secretary of Labor shall have the
authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of
title 40, United States Code.
(iii) With respect to a project or set of
projects located in the same local educational
agency costing not less than $25,000,000,
consent to a project labor agreement.
(iv) Not hire employees through a temporary
staffing agency unless the relevant State
workforce agency certifies that temporary
employees are necessary to address an acute,
short-term labor demand.
(v) Have an explicit neutrality policy on
any issue involving the organization of
employees of the contractor or subcontractor,
and all contractors and subcontractors, for
purposes of collective bargaining.
(vi) For each project related to a healthy
green retrofit or new construction of a school,
demonstrate an ability to use and to commit to
use individuals enrolled in a registered
apprenticeship program who shall, to the
greatest extent practicable, constitute not
less than 20 percent of the individuals working
on the project.
(vii) To the greatest extent practicable,
provide preferential treatment in hiring
laborers and mechanics that are--
(I) hired from within 50 miles of
their official residence;
(II) veterans or active or retired
military;
(III) highly skilled union workers;
or
(IV) returning citizens who were
formerly incarcerated individuals.
(viii) Not require mandatory arbitration
for any dispute involving a worker engaged in a
service for the contractor or subcontractor.
(ix) Consider an individual performing any
service under the grant as an employee, and not
an independent contractor, of the contractor or
subcontractor, respectively, unless--
(I) the individual is free from
control and direction in connection
with the performance of the service,
both under the contract for the
performance of the service and in fact;
(II) the service is performed
outside the usual course of the
business of the contractor or
subcontractor, respectively; and
(III) the individual is customarily
engaged in an independently established
trade, occupation, profession, or
business of the same nature as that
involved in such service.
(B) Action to enforce independent contractor
requirement.--A third party, including a State or local
government, may bring an action in any court of
competent jurisdiction to enforce the requirements of
subparagraph (A)(ix).
(2) Pre-apprenticeship.--To the greatest extent
practicable, in carrying out a project funded by a grant under
this section, grant recipients shall give preference to
contractors or subcontractors that participate in pre-
apprenticeship programs that have written agreements with one
or more registered apprenticeship programs.
(l) Authorization of Appropriations; Mandatory Appropriations.--Out
of funds in the Treasury not otherwise appropriated, there are
authorized to be appropriated, and there are appropriated to carry out
this section for the 10-fiscal-year period following the date of
enactment of this Act --
(1) $446,000,000,000 to the Secretary to carry out grants
authorized under subsection (b); and
(2) such sums as are necessary to the Secretary for
administrative expenses and the provision of technical
assistance in carrying out this section.
SEC. 103. RESOURCE BLOCK GRANTS.
(a) Program Established.--
(1) In general.--The Secretary shall award a grant to each
qualified local educational agency with an approved application
to enable the qualified local educational agency to bring
additional eligible educators and support staff into elementary
schools and secondary schools and establish community
partnerships, and carry out other activities described in this
section, with the goals of--
(A) expanding social service programming;
(B) developing locally designed and rooted
educational programs;
(C) developing and implementing trauma-informed
violence prevention strategies;
(D) promoting safe, secure, and welcoming school
and community environments;
(E) strengthening the educator pipeline;
(F) diversifying the workforce;
(G) better integrating knowledge of the local
community into schools; and
(H) providing support, training, and career
pathways for paraprofessionals.
(2) Consultation and integration.--
(A) Consultation by the secretary.--The Secretary
shall consult with States and Indian Tribes, as
appropriate, in administering the grant program under
this section. During such consultation, the Secretary
shall strongly encourage the States to integrate the
locally designed and rooted educational programs,
developed under paragraph (1) (as applicable), into
State educational plans and activities, and to support,
replicate, and disseminate such educational programs,
as appropriate.
(B) Consultation by leas.--A local educational
agency that receives a grant under this section shall
consult with the Secretary, the State educational
agency, and Indian Tribes (as applicable) in
implementing such grant.
(3) Additional local educational agencies.--Notwithstanding
paragraph (1), if funding under this section remains after the
Secretary has awarded grants to each qualified local
educational agency that submits an application under this
section, in amounts that are sufficient to meet the needs of
those agencies, the Secretary shall award grants under this
section to other local educational agencies that are not
qualified local educational agencies, in accordance with the
priority requirements described in subsection (b)(3).
(b) Application.--
(1) In general.--A local educational agency desiring a
grant under this section shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may reasonably require, which
shall include the following:
(A) The resource allocation plan described in
section 101.
(B) A description of the local educational agency's
plan to attempt to hire eligible educators and support
staff who, in accordance with section 101(b)(2)(C)--
(i) reside in the same catchment area as
students attending the school in which those
eligible educators and support staff will work,
or who previously attended the school in which
the educators and staff will work; or
(ii) reside in the same zip code, or a
neighboring zip code, as the school in which
the educators and staff will work.
(C) An assurance that after the 10-year period
during which grant funds will pay for the eligible
educator and support staff positions described in this
section, the local educational agency will--
(i) retain those positions, and a
description of the local educational agency's
plan to fund those positions after such period;
and
(ii) attempt to maintain and continue to
fund community partnerships supported by such
grant, to the extent that the other entities in
those partnerships desire to continue the
activities supported with grant funds.
(D) A description of the local educational agency's
plan to--
(i) aim to meet target student-to-staff
ratios of 12:1 for students in kindergarten
through grade 8, and 15:1 for students in
grades 9 through 12 (where staff is defined
broadly to refer to any adult professional
employed in the school whose work directly
relates to education, including the eligible
educators and support staff described in this
section);
(ii) aim to place a lead teacher and
paraprofessional in all prekindergarten through
grade 3 classes;
(iii) aim to hire at least 1 full-time
equivalent school psychologist for every 500
students, at least 1 full-time equivalent
school counselor for every 250 students, and at
least 1 full-time equivalent school social
worker for every 250 students served by the
agency; and
(iv) where applicable, aim to shift special
educators from a caseload model to a workload
analysis model to ensure sufficient capacity
and time to support students.
(E) A description of the local educational agency's
plan--
(i) to progress toward ending the school-
to-prison pipeline and zero tolerance
discipline, including by reducing suspensions,
expulsions, and referrals to law enforcement;
(ii) for progressing toward reallocating
resources spent on punishment to restorative
justice practices; and
(iii) to progress toward ending the use of
seclusion, restraint, and corporal punishment.
(2) Approval.--
(A) In general.--The Secretary shall approve each
application that meets the requirements of this
section.
(B) Consultation and technical assistance.--In the
case of an application that does not meet the
requirements of this section, the Secretary shall--
(i) consult with the local educational
agency and shall provide technical assistance,
as necessary, to ensure that the local
educational agency meets such requirements; and
(ii) review and approve revised
applications that meet such requirements.
(3) Priority.--If the Secretary awards grants under this
section to local educational agencies that are not qualified
local educational agencies, in accordance with subsection
(a)(3), the Secretary shall give priority to local educational
agencies that meet one of the following criteria:
(A) Serving a percentage that is higher than the
State median of students who are counted under section
1113(a)(5)(A) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(a)(5)(A)).
(B) Serving a percentage that is higher than the
State median of students who are children with a
disability.
(C) Serving a percentage that is higher than the
State median of students who are English learners.
(D) Serving schools that have a per-pupil
expenditure that is lower than the State median per-
pupil expenditure.
(c) Qualified Local Educational Agency.--In this section, the term
``qualified local educational agency'' means--
(1) a local educational agency that serves one or more
schools that are ranked as one of the 1/3 most vulnerable
schools in the United States, based on the vulnerability
ranking;
(2) a local educational agency that serves elementary
schools or secondary schools that are in the bottom \1/3\ of
all schools in the State when ranked by student-to-staff ratios
from lowest to highest ratios based on the most recent data
from the National Center for Education Statistics; or
(3) a BIE school or school funded by BIE.
(d) Uses of Funds.--
(1) Support for eligible educators and support staff.--
(A) In general.--A local educational agency
receiving a grant under this section shall use not less
than 80 percent of grant funds--
(i) to hire, on a full-time basis, and pay
the salaries of eligible educators and support
staff described in subparagraph (B) for a
period of 10 years;
(ii) to increase the salaries of
paraprofessionals and promote paraprofessionals
who meet the requirements for promotion; and
(iii) to provide or facilitate access for
paraprofessionals to affordable training by
establishing partnerships with community
colleges and local institutions of higher
education, establishing tuition reimbursement
programs, or offering similar initiatives for
training.
(B) Eligible educators and support staff.--The
eligible educators and support staff described in this
subparagraph are--
(i) paraprofessionals;
(ii) mental health professionals, including
psychologists, therapists, and social workers;
(iii) school counselors;
(iv) librarians;
(v) nurses;
(vi) restorative justice specialists;
(vii) community school site coordinators;
(viii) teachers, including special
education teachers;
(ix) coordinators for culturally responsive
education;
(x) facilities and food service workers;
(xi) learning specialists, including
mathematics and reading specialists;
(xii) English as a Second Language
instructors;
(xiii) Native language and cultural
specialists; and
(xiv) staff to support other social
services programming.
(2) Community partnerships, educational programming, and
social service programming.--
(A) In general.--In addition to carrying out the
activities described in paragraph (1), a local
educational agency receiving a grant under this section
shall use not less than 2.5 percent and not more than
20 percent of such funds for community partnerships,
educational programming, social service programming,
and violence prevention and school safety initiatives,
which shall include one or more of the following:
(i) Development of place-based and
experiential education and community-driven
educational programs, with a focus on
educational programs that affirm and explore
the underlying principles of the Green New
Deal, including the significance of and the
connections between racial, economic, and
environmental and climate justice, and that are
responsive to the impacts of climate change and
socioeconomic injustice on youth mental health.
(ii) Programs and spaces that engage
students in hands-on, project-based learning
across science, technology, engineering, arts,
and mathematics instruction, as well as
humanities instruction, in the scientific,
technical, design, and social aspects of
healthy green retrofits funded by the climate
capital facilities grants under section 102, as
well as of any other uses of those grants.
(iii) Spaces and programming to advance
vocational and career and technical education,
including project-based learning opportunities
and advancing such education in partnership
with career and technical education schools,
community colleges, local institutions of
higher education, community organizations, and
pre-apprenticeship programs, to prepare
students for a wide range of careers related to
addressing climate change.
(iv) Programming to support
extracurricular, co-curricular, and community-
based activities such as arts, music,
recreation, organized sports, honor societies,
4-H clubs, foreign and Native languages,
college access centers, civic engagement clubs
and activities, clubs and activities to support
movement and connectedness to nature, early
child care centers, and after-school and summer
education programming.
(v) Creating or supporting a school-based
youth peer support program.
(vi) Other partnerships with local
community organizations and social service
providers to expand the scale and scope of on-
site services in support of the resource
allocation plan for the grant.
(vii) Training and professional development
to advance trauma-informed, healing-centered
learning models and practices, centering on the
whole child and the child's cognitive,
emotional, and social needs, inclusive of
culturally responsive pedagogy.
(viii) Providing funding to establish or
improve libraries, child care centers, health
offices, mental health and wellness centers,
cafeteria and dining spaces, gymnasiums,
studios and art spaces, outdoor green spaces,
or job resource centers in the schools that are
served by the local educational agency, which
shall be operated by the local educational
agency or the local educational agency in
partnership with a nonprofit organization.
(ix) Website development and other
communications to share and exchange knowledge
and best practices.
(x) Wellness, stress management, and
mindfulness training.
(xi) Anti-racist and anti-hate educational
programming.
(xii) Training for and implementation of
restorative justice practices, including peer
mediation, restorative conferences, counseling,
and peace circles for students as well as anti-
bullying initiatives.
(xiii) Developing and implementing
evidence-based practices to support school
safety that do not rely on the criminal justice
system.
(xiv) Developing and implementing evidence-
based, inclusive, and trauma-informed practices
to prevent violence and improve school climate
and culture, including schoolwide positive
behavioral interventions and supports,
restorative justice programs and interventions,
social and emotional learning programs,
community-integrated violence prevention
programming, and programs to ensure students
have access to one-on-one relationships with
mentors or other caring adults.
(xv) Improving school capacity to identify,
refer, and provide services to students and
families in need of trauma support services or
other social services, including with the
appropriate technology and spaces to do so.
(xvi) Technical assistance, including
contract templates, local data clearinghouses
for best practices, and temporary staff to
support finding and building initial
partnerships to build the capacity to develop
and sustain local partnerships with other
knowledge centers in the community.
(xvii) Increased parent and student
engagement in learning.
(xviii) Increased availability of
translation to create accessible learning
environments for English learners.
(3) Requirement.--A local educational agency receiving a
grant under this section shall ensure that if such agency
contracts with a third-party to carry out activities under this
subsection, such third-party--
(A) is located in the same catchment area as
students attending the school in which they will work,
or previously attended the school in which they will
work; or
(B) is located in a zip code served by the local
educational agency receiving the grant or in a
neighboring zip code.
(4) Prohibitions on use of funds.--A local educational
agency receiving a grant under this section may not use grant
funds for any of the following:
(A) For measures that subject students to potential
penalties imposed by law enforcement, unduly surveil
students, or otherwise detract from a positive,
inclusive, and welcoming school culture and
environment.
(B) For measures that would reduce the
accessibility of the school environment for students
with disabilities.
(e) Wage and Labor Organization Requirements.--Each local
educational agency that receives funds through a grant under this
section shall--
(1) ensure that eligible educators and support staff hired
with the grant funds are paid wages in accordance with
prevailing rates in the locality or any applicable collective
bargaining agreement, and on a pathway with regular increases
in pay;
(2) ensure that such educators and staff are considered to
be part of any existing (as of the date of the hiring)
applicable bargaining unit of a labor organization and not
considered to be executive employees or employees in other
positions exempt from the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.); and
(3) if the local educational agency does not have such a
bargaining unit, have an explicit neutrality policy, which
covers such educators and staff, on any issue involving the
organization of employees for purposes of collective
bargaining.
(f) Authorization of Appropriations; Mandatory Appropriations.--Out
of funds in the Treasury not otherwise appropriated, there are
authorized to be appropriated, and there are appropriated for the 10-
fiscal-year period following the date of enactment of this Act --
(1) $250,000,000,000 to the Secretary to provide grants
under this section; and
(2) sums as are necessary to the Secretary for the
administrative expenses and provision of technical assistance
in carrying out this section.
SEC. 104. EDUCATIONAL EQUITY PLANNING GRANTS.
(a) Program Established.--
(1) In general.--The Secretary shall facilitate an
inclusive, regional equity planning process and award grants to
eligible consortia to eliminate intra-region education
inequities by providing Federal funds to assist the eligible
consortia in planning and carrying out regional education
equity plans, in accordance with this section.
(2) Planning grant.--The Secretary shall award a planning
grant under this section, for a period of not longer than 1
year, to each eligible consortium with an approved application
to enable the eligible consortium to develop a regional
education equity plan.
(3) Implementation grant.--The Secretary shall award an
implementation grant under this section to each eligible
consortium with an approved regional education equity plan to
enable the consortium to carry out activities to implement such
plan.
(b) Eligible Consortium.--In this section, the term ``eligible
consortium'' means 2 or more local educational agencies that are
located within the same metropolitan or micropolitan statistical area
and that have formed a regional consortium.
(c) Provision of Data.--The Secretary, the Secretary of Housing and
Urban Development, the Administrator of the Environmental Protection
Agency, and the Secretary of Transportation shall provide each eligible
consortium that receives a planning grant under this section with data
relevant to that particular eligible consortium about demographic
trends, the spatial distribution of poverty, environmental hazards, and
access to education, transportation, and economic opportunities across
the consortium's region, to assist the eligible consortium in
developing the regional education equity plan.
(d) Community Outreach.--Each eligible consortium that receives a
planning grant shall engage in extensive community outreach to solicit
comments from diverse stakeholders on issues related to education
equity in the region of the consortium, as part of the process of
developing the regional education equity plan.
(e) Regional Education Equity Plan.--
(1) In general.--Upon receipt of the data described in
subsection (c) and completion of the outreach described in
subsection (d), each eligible consortium that receives a
planning grant under this section shall use such data and the
results of such outreach to develop a 5-year regional education
equity plan. The regional education equity plan shall--
(A) identify racial, class, gender, and disability-
related inequities in education access within the
region at the time of the plan's development;
(B) identify the historic causes of those
inequities; and
(C) describe activities to redress those
inequities.
(2) Equity assessment tool.--The Secretary shall provide
each eligible consortium receiving a planning grant under this
section with an equity assessment tool, which shall be a
structured list of questions to guide the consortium in the
development of the regional education equity plan. The
structured list of questions shall be developed in consultation
with representatives of impacted communities and education
equity groups in a manner that aligns and is consistent with
the principles entitled ``Jemez Principles for Democratic
Organizing'' and dated December 1996.
(f) Application; Equity Plan.--
(1) Application.--Each eligible consortium desiring a
planning grant under this section shall submit an application
to the Secretary, at such time, in such manner, and containing
such information as the Secretary may reasonably require.
(2) Equity plan.--Each eligible consortium desiring an
implementation grant under this section shall submit a regional
education equity plan to the Secretary, at such time, in such
manner, and containing such information as the Secretary may
reasonably require, which shall include, at a minimum, the
information described in subsection (e). If the Secretary does
not approve the plan, the Secretary shall work with the
eligible consortium and provide technical assistance to assist
the eligible consortium in revising the regional education
equity plan until the Secretary determines that such plan will
be approved.
(g) Use of Funds for Implementation.--An eligible consortium
receiving an implementation grant under this section shall--
(1) distribute such grant funds to elementary schools and
secondary schools that are served by local educational agencies
in the eligible consortium in accordance with the regional
education equity plan; and
(2) may use grant funds for resource sharing and the
centralization of administration, planning, and procurement
among the local educational agencies in the consortium, with
the aim of ensuring an equitable distribution of funding and
staffing and equitable access to high-quality educational
opportunities for students, including students who are children
with disabilities and low-income students.
(h) Accountability.--An eligible consortium that receives an
implementation grant under this section shall post on a publicly
available website data about annual benchmarks that are achieved during
the 5-year grant period.
(i) Authorization of Appropriations; Mandatory Appropriations.--Out
of funds in the Treasury not otherwise appropriated, there are
authorized to be appropriated, and there are appropriated for the 10-
fiscal-year period following the date of enactment of this Act--
(1) $100,000,000 to the Secretary to carry out this
section; and
(2) sums as are necessary the Secretary for the
administrative expenses and provision of technical assistance
in carrying out this section.
SEC. 105. IDEA FUNDING.
Out of funds in the Treasury not otherwise appropriated, there are
appropriated to carry out part B of the Individuals with Disabilities
in Education Act (20 U.S.C. 1411 et seq.), $44,000,000,000 for each of
the 10 fiscal years following the date of enactment of this Act.
SEC. 106. ELEMENTARY AND SECONDARY EDUCATION FUNDING.
Out of funds in the Treasury not otherwise appropriated, there are
appropriated to carry out part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.),
$74,000,000,000 for each of the 10 fiscal years following the date of
enactment of this Act.
TITLE II--CLIMATE CHANGE RESILIENCY
SEC. 201. DEFINITIONS.
In this Act:
(1) Community resiliency center.--The term ``community
resiliency center'' means a center that provides community
resources and improves disaster preparedness, response, or
recovery in the community and--
(A) may conduct, or provide space for, targeted
activities such as helping reach community members not
well-served by existing resources or preparedness
programs, and serving as a shelter or communications
center in emergencies, distributing food, energy and
other basic needs during or after a disaster, providing
trauma-informed care and mental health services during
or after a disaster, and enabling faster recovery
through connecting community members with services; and
(B) may distribute food, energy, or other basic
needs on an ongoing basis.
(2) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects as compared to
other communities.
SEC. 202. CLIMATE CHANGE RESILIENCY PROGRAM.
The Secretary shall establish a Climate Change Resiliency Program
to--
(1) increase the resiliency of the United States public
school system, BIE schools, and schools funded by BIE during--
(A) climate change-related events and natural
disasters, including extreme weather events, droughts,
hurricanes, coastal and inland flooding, sea level
rise, increased storm surge, wildfires, mudslides,
extreme temperatures, tornadoes, earthquakes, and
volcanos; and
(B) public health crises;
(2) increase the ability of the United States public school
system, BIE schools, and schools funded by BIE to advance
climate justice and environmental justice by serving as
community resiliency centers;
(3) build partnerships among local businesses, labor
unions, apprenticeship programs, nonprofit organizations, and
educators to facilitate applied STEAM and social science
learning opportunities related to climate resiliency for
students and create local jobs; and
(4) prioritize public educational institutions, BIE
schools, and schools funded by BIE as centers of innovation and
pathways to green collar jobs through investments in vocational
and technical education in public schools that connect to labor
organization registered apprenticeships and other high-road
jobs.
SEC. 203. GRANT PROGRAM.
(a) In General.--As part of the Climate Change Resiliency Program
established under section 202, the Secretary shall establish a program
to make grants to State educational agencies, in partnership with local
educational agencies and local nonprofit organizations, for the
development and implementation of Statewide, regional, or local climate
resiliency plans or climate resiliency projects for public elementary
schools and secondary schools, BIE schools, and schools funded by BIE,
with the aim of enabling public schools to serve as community
resiliency centers.
(b) Climate Resiliency Plans and Projects.-- Each climate
resiliency plan or climate resiliency project under subsection (a)
shall include 1 or more of the following depending on the needs of the
schools and surrounding communities to be served:
(1) Improvements to school buildings and grounds, including
projects such as--
(A) installing on-site distributed generation that
combines energy efficient devices, energy storage, and
renewable energy to allow the school to access
essential energy during power outages and optimize use
of on-site and off-site energy sources for emissions
reductions;
(B) upgrading school kitchen facilities to support
the preparation of scratch-cooked student meals that
use whole ingredients and are rich in fruits,
vegetables, legumes, and whole grains;
(C) projects that generate and maintain publicly
accessibly integrated sustainability data and building
management platforms;
(D) improving walkability and accessibility on
school grounds and in all school buildings;
(E) acquiring relevant disaster response equipment
and carrying out disaster response training;
(F) procuring electric school buses;
(G) installing public charging infrastructure for
electric school buses and electric vehicles;
(H) establishing or improving dedicated
infrastructure for safe transportation by bicycle,
including bicycle lanes and parking spots;
(I) enhancing multi-modal access to support the
needs of all students, families, and staff, whether
they walk, bike, use transit, or use other means of
transportation to and from school;
(J) establishing or improving vehicle speed
reduction infrastructure; and
(K) a project involving the installation of high-
speed internet infrastructure, in coordination with the
E-rate program of the Federal Communications Commission
set forth under subpart F of part 54 of title 47, Code
of Federal Regulations (or any successor regulation)--
(i) in order to provide universal internet
access for schools served by the grantee, BIE
schools, and schools funded by BIE;
(ii) with an upload speed that allows for
the full execution of activities related to
virtual teaching and learning, including the
access and use of interactive online learning
modules and textbooks, online professional
learning courses, videoconferencing, and
assistive technology;
(iii) including the ongoing costs
associated with providing that internet
infrastructure and access;
(iv) with respect to which, schools are
encouraged to partner with municipal and other
public or nonprofit entities to support
internet access; and
(v) with respect to which the school will
ensure that all internet service providers with
which the school contracts for the project
include open access infrastructure.
(2) Green infrastructure projects and projects to increase
food supply resiliency, such as--
(A) wetlands, drainage ponds, and any other green
infrastructure to protect schools from projected severe
effects with respect to extreme weather, natural
disasters, or climate change-related events, including
sea-level rise, flooding, and increased risk of
wildfire;
(B) green rooftops and walls that meet the minimum
performance standard specified within the Living
Architecture Performance Tool (LAPT) rating system,
implemented or completed in consultation with at least
one Green Roof Professional (GRP) as accredited by the
Green Roof Industry Association, particularly those
that can provide temperature management and air quality
improvements and reduce stormwater runoff;
(C) indoor plantings, particularly those that can
provide air quality improvements;
(D) tree plantings and green playgrounds that, at
appropriate times, can act as a green space for the
community;
(E) community gardens that may be used by the
school to provide healthy food for students or by the
community to provide healthy food for community
residents;
(F) procurement of local, organic, and sustainably
produced food, including a focus on healthy, plant-
based options; and
(G) large scale food composting operations, and
other projects to reduce single-use plastic and promote
zero-waste options.
(3) Projects to enable remote learning in the event that a
school building is unusable due to a natural disaster, climate-
or climate-change related event, severe weather, or infectious
disease outbreaks.
(4) Projects for climate resiliency education, including
STEAM and social science education and career preparation, such
as projects that combine upgrades to school buildings and
grounds with career and technical education opportunities.
(5) Any other type of plan or project carried out by the
State educational agency that the Secretary determines will
increase the resiliency of a school or school infrastructure
provided, operated, or owned by the State educational agency
with respect to the events described in section 202(1).
(c) Priority.--The Secretary shall develop metrics to evaluate
grant applications and give priority to applications for climate
resiliency plans or climate resiliency projects that focus on improving
schools in neighborhoods that experience low air quality, lack green
space and healthy food, bear higher cumulative pollution burdens, or
are at high risk of experiencing the adverse effects of climate change.
(d) Components.--The Secretary, directly or through partnerships
with States and nonprofit organizations, shall provide technical
assistance to support grantees in developing and implementing climate
resiliency plans or climate resiliency projects that--
(1) provide hands-on education and applied STEAM and social
science learning opportunities to students;
(2) demonstrate a commitment to provide job training,
registered apprenticeship programs, and contracting
opportunities to residents and small businesses owned by
residents of the community that the school serves;
(3) identify and further community priority actions and
conduct robust community engagement;
(4) utilize climate change and community health data for
proactive solutions;
(5) employ nature-based solutions that focus on protection,
restoration, or management of ecological systems to safeguard
public health, provide clean air and water, increase natural
hazard resilience, and sequester carbon;
(6) increase equitable outcomes for and support strong
partnerships with environmental justice communities and climate
vulnerable populations;
(7) achieve broad and multiple community benefits; and
(8) monitor project success and maintaining the project
into the future.
(e) Existing Initiatives.--The Secretary may encourage and give
priority to climate resiliency plans or climate resiliency projects
that integrate with and inform existing sustainability initiatives,
such as the Department of Education Green Ribbon Schools program.
(f) Environmental Health.--The Secretary may develop and encourage
metrics to support consistent reporting of environmental health best
practices and other outcomes.
(g) Coordination.--
(1) Environmental protection agency and agriculture.--The
Secretary shall coordinate with the Administrator of the
Environmental Protection Agency and the Secretary of
Agriculture to provide technical guidance or assistance to
State educational agencies in designing and carrying out
climate resiliency plans or climate resiliency projects funded
by the grant program as they relate to healthy schools.
(2) Department of energy.--The Secretary shall coordinate
with the Secretary of Energy to develop metrics to evaluate
grant applications and provide technical assistance to State
and local educational agencies in designing and carrying out
climate resiliency plans or climate resiliency projects.
(h) Partners.--A recipient of a grant under this section to carry
out a project described in subsection (b)(1)(K) shall, to the extent
practicable, partner with local government and other public or
nonprofit entities to support internet access, and all service
providers shall use open access infrastructure.
(i) Environmental Justice Communities.--The Secretary shall ensure
that not less than 50 percent of funds awarded under this section are
used for projects located in environmental justice communities.
(j) Wage Rate Requirements.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by a grant under
this section shall be paid wages at rates not less than those
prevailing on projects of a similar character in the locality,
as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly referred to as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(k) Use of American Iron, Steel, and Manufactured Products.--
(1) Definitions.--In this subsection:
(A) Manufactured product.--The term ``manufactured
product'' means any construction material or end
product (as those terms are defined in part 25.003 of
the Federal Acquisition Regulation) that is not an iron
or steel product, including--
(i) electrical components; and
(ii) non-ferrous building materials,
including aluminum, polyvinylchloride, glass,
fiber optics, plastic, wood, masonry, rubber,
manufactured stone, any other non-ferrous
metals, and any unmanufactured construction
material.
(B) Produced in the united states.--The term
``produced in the United States'' means the following:
(i) When used with respect to a
manufactured product, the product was
manufactured in the United States and the cost
of the components of that product that were
mined, produced, or manufactured in the United
States exceeds 60 percent of the total cost of
all components of the product.
(ii) When used with respect to iron or
steel products, or an individual component of a
manufactured product, all manufacturing
processes for those 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; or
(II) steel or iron material or
products manufactured in the United
States from semi-finished steel or iron
of foreign origin.
(2) Requirements.--A State that receives funds under this
section shall ensure that any iron, steel, and manufactured
products used in a project carried out with those funds are
produced in the United States.
(3) Waiver authority.--
(A) In general.--The Secretary may waive the
requirement under paragraph (2) if the Secretary
determines that--
(i) applying the requirement would be
inconsistent with the public interest;
(ii) iron, steel, and manufactured products
produced in the United States are not produced
in a sufficient and reasonably available
quantity or are not of a satisfactory quality;
or
(iii) using iron, steel, and manufactured
products produced in the United States will
increase the cost of the applicable overall
project by more than 25 percent.
(B) Publication.--Before issuing a waiver under
subparagraph (A), the Secretary shall publish in the
Federal Register a detailed written explanation of the
waiver determination.
(4) Consistency with international agreements.--This
subsection shall be applied in a manner consistent with the
obligations of the United States under international
agreements.
SEC. 204. REPORT.
Not later than 2 years after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit to Congress a report
that evaluates the effectiveness of the activities carried out under
this title.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS; MANDATORY APPROPRIATIONS.
(a) In General.--Out of funds in the Treasury not otherwise
appropriated, there are authorized to be appropriated, and there are
appropriated for each of fiscal years 2024 through 2034, $4,000,000,000
to the Secretary of Education to carry out this title.
(b) Limitation.--Not more than 5 percent of the funds appropriated
to carry out this title shall be used for projects described in section
203(b)(3).
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