H.R. 865 — what changed
Rebuild America’s Schools Act of 2019
From Introduced in House to Reported in House. 13 sections amended and 8 added between Introduced in House and Reported in House.
Sec. 2 Definitions
In this Act:
Appropriate congressional committees— The term appropriate congressional committees means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate.
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).
Covered funds— The term covered funds means funds received—
under title I of this Act;
from a school infrastructure bond; or
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)).
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).
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.
Public school facilities— The term public school facilities means the facilities of a public elementary school or a public secondary school.
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.).
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).
Secretary— The term Secretary means the Secretary of Education.
State— The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
added
Zero energy school— The term zero energy school means a public elementary school or public secondary school that—
added
generates renewable energy on-site; and
added
on an annual basis, exports an amount of such renewable energy that equals or exceeds the total amount of renewable energy that is delivered to the school from outside sources.
Sec. 101 Purpose and reservation
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.
Reservation for outlying areas and bureau-Funded schools—
In general— For each of fiscal years 2020 through 2029, the Secretary shall reserve, from the amount appropriated to carry out this title—
changed
one-half of 1 percent, to provide assistance make allocations to the outlying areas; areas in accordance with paragraph (3); and
one-half of 1 percent, for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.
Use of reserved funds—
changed
In general— Funds reserved under paragraph (1) shall be used in accordance with sections 301 through 304.305.
Special rules for Bureau-funded schools—
changed
Applicability— Sections 301 through 304 305 shall apply to a Bureau-funded school that receives assistance under paragraph (1)(B) in the same manner that such sections 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 sections.
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.
added
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
Allocation to states—
State-by-state allocation— Of the amount appropriated to carry out this title for each fiscal year 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 such amount received by all local educational agencies in every State that has a plan approved by the Secretary under subsection (b).
changed
State reservation— A State may reserve not more than 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this Act, which shall include—which—
added
shall include—
renumbered
was (2)(3)(3)
providing technical assistance to local educational agencies, including by—
renumbered
was (2)(3)(3)(2)
identifying which State agencies have programs, resources, and expertise relevant to the activities supported by the allocation under this section; and
renumbered
was (2)(3)(3)(3)
coordinating the provision of technical assistance across such agencies;
added
in accordance with the guidance issued by the Secretary under section 308, 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—
added
the information described in subclauses (I) through (VII) of clause (vi);
removed
in accordance with the guidance issued by the Secretary under section 307, 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—
removed
the information described in clauses (i) through (vi) of subparagraph (F);
renumbered
was (2)(3)(4)(3)
the age (including an identification of the date of any retrofits or recent renovations) of—
renumbered
was (2)(3)(4)(3)(2)
the facility;
renumbered
was (2)(3)(4)(3)(3)
its roof;
renumbered
was (2)(3)(4)(3)(4)
its lighting system;
renumbered
was (2)(3)(4)(3)(5)
its windows;
renumbered
was (2)(3)(4)(3)(6)
its ceilings;
renumbered
was (2)(3)(4)(3)(7)
its plumbing; and
renumbered
was (2)(3)(4)(3)(8)
its heating, ventilation, and air conditioning system;
added
fire safety inspection results;
added
the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters, including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted; and
added
any previous inspections showing the presence of toxic substances;
added
updating the database developed under clause (ii) not less frequently than once every 2 years;
added
ensuring that the information in the database developed under clause (ii)—
removed
fire safety inspection results; and
removed
the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters, including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted;
removed
updating the database developed under subparagraph (B) not less frequently than once every 2 years;
removed
ensuring that the information in the database developed under subparagraph (B)—
renumbered
was (2)(3)(6)(2)
is posted on a publicly accessible State website; and
renumbered
was (2)(3)(6)(3)
is regularly distributed to local educational agencies and Tribal governments in the State;
renumbered
was (2)(3)(7)
issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects; and
renumbered
was (2)(3)(8)
issuing or reviewing regulations to ensure safe, healthy, and high-performing school buildings, including regulations governing—
added
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;
removed
indoor air quality and ventilation, including exposure to carbon monoxide and carbon dioxide;
renumbered
was (2)(3)(8)(3)
mold, mildew, and moisture control;
renumbered
was (2)(3)(8)(4)
the safety of drinking water at the tap and water used for meal preparation, including regulations that—
renumbered
was (2)(3)(8)(4)(2)
address the presence of lead and other contaminants in such water; and
renumbered
was (2)(3)(8)(4)(3)
require the regular testing of the potability of water at the tap;
renumbered
was (2)(3)(8)(5)
energy and water efficiency;
added
excessive classroom noise due to activities allowable under section 301;
removed
excessive classroom noise due to activities allowable under section 301; and
renumbered
was (2)(3)(8)(7)
the levels of maintenance work, operational spending, and capital investment needed to maintain the quality of public school facilities; and
added
the construction or renovation of such facilities, including applicable building codes; and
added
creating a plan to reduce or eliminate exposure to toxic substances, including mercury, radon, PCBs, lead, vapor intrusions, and asbestos; and
added
may include the development of a plan to increase the number of zero energy schools in the State.
removed
creating a plan to reduce or eliminate exposure to toxins and chemicals, including mercury, radon, PCBs, lead, vapor intrusions, and asbestos.
State plan—
In general— To be eligible to receive an allocation under this section, a State shall submit to the Secretary a plan that—
describes how the State will use the allocation to make long-term improvements to public school facilities;
explains how the State will carry out each of its responsibilities under subsection (a)(2);
explains how the State will make the determinations under subsections (b) and (c) of section 103;
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
includes such other information as the Secretary may require.
Approval and disapproval— The Secretary shall have the authority to approve or disapprove a State plan submitted under paragraph (1).
Conditions— As a condition of receiving an allocation under this section, a State shall agree to the following:
Matching requirement— 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.
changed
Maintenance of effort— The State shall provide an assurance to the Secretary that the combined fiscal effort per student or the aggregate expenditures of the State with respect to the activities supported by the allocation under this section for fiscal years beginning with the fiscal year for which the allocation is received will be not less than 90 percent of the 5 year average for total capital outlay of the combined fiscal effort or aggregate expenditures by the State for such purposes for the year preceding the fiscal year purposes for which the allocation is received.
Supplement not supplant— The State shall use an allocation under this section only to supplement the level of Federal, State, and local public funds that would, in absence of such allocation, be made available for the activities supported by the allocation, and not to supplant such funds.
Sec. 103 Need-based grants to qualified local educational agencies
Grants to local educational agencies—
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).
Allowance for digital learning— A State may use up to 10 percent of the amount described in paragraph (1) to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section 301(b).
Eligibility—
In general— To be eligible to receive a grant under this section a qualified local educational agency—
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));
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
may be among the local educational agencies in the State—
changed
with the greatest need to improve public school facilities, as determined by the State, 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; and
with the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of—
the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools;
whether the agency has been able to issue bonds or receive other funds to support school construction projects; and
the bond rating of the agency.
Geographic distribution— The State shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the State.
added
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).
Priority of grants— In awarding grants under this section, the State—
shall give priority to qualified local educational agencies that—
changed
demonstrate the greatest need for such a grant, as determined by a comparison of the factors described in subsection (b);(b)(1) and other indicators of need in the public school facilities of such local educational agencies, including—
added
the median age of facilities;
added
the extent to which student enrollment exceeds physical and instructional capacity;
added
the condition of major building systems such as heating, ventilation, air conditioning, electrical, water, and sewer systems;
added
the condition of roofs, windows, and doors; and
added
other critical health and safety conditions; and
will use the grant to improve the facilities of—
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
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
operate public school facilities that pose a severe health and safety threat to students and staff, which may include a threat posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters; and
may give priority to qualified local educational agencies that—
will use the grant to improve access to high-speed broadband sufficient to support digital learning accordance with section 301(b);
serve elementary schools or secondary schools, including rural schools, that lack such access; and
meet one or more of the requirements set forth in subparagraphs (A) through (C) of paragraph (1).
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—
the information necessary for the State to make the determinations under subsections (b) and (c);
a description of the projects that the agency plans to carry out with the grant;
an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency; and
in the case of a local educational agency that proposes to fund a repair, renovation, or construction project for a public charter school, the extent to which—
the public charter school lacks access to funding for school repair, renovation, and construction through the financing methods available to other public schools or local educational agencies in the State; and
the charter school operator owns or has care and control of the facility that is to be repaired, renovated, or constructed.
Facilities master plan—
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.
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—
the extent to which public school facilities meet students’ educational needs and support the agency’s educational mission and vision;
the physical condition of the public school facilities;
the current health, safety, and environmental conditions of the public school facilities, including—
indoor air quality;
changed
the presence of hazardous and toxic substances and chemicals;substances;
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;
energy and water efficiency;
excessive classroom noise; and
other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students;
how the local educational agency will address any conditions identified under subparagraph (C);
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;
the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities, including—
any funds in the budget of the agency that will be dedicated to such projects; and
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
the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities, including—
any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities; and
any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities.
changed
Consultation— In developing the facilities master plan required under paragraph (1), the 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.(1)—
added
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
added
in addition to the consultation required under subparagraph (A), a Bureau-funded school shall consult with the Bureau of Indian Education.
Supplement not supplant— A qualified local educational agency shall use a grant received under this section only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds.
Sec. 104 Annual report on grant program
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.
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:
An identification of each local educational agency that received a grant under this title.
With respect to each such agency, a description of—
the demographic composition of the student population served by the agency, disaggregated by—
race;
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
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.);
the population density of the geographic area served by the agency;
changed
the projects for which the agency used the grant received under this title;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;
the demonstrable or expected benefits of the projects; and
the estimated number of jobs created by the projects.
The total dollar amount of all grants received by local educational agencies under this title.
LEA information collection— A local educational agency that receives a grant under this title shall—
annually compile the information described in subsection (b)(2);
make the information available to the public, including by posting the information on a publicly accessible agency website; and
submit the information to the State.
State information distribution— A State that receives information from a local educational agency under subsection (c) shall—
compile the information and report it annually to the Secretary at such time and in such manner as the Secretary may require;
make the information available to the public, including by posting the information on a publicly accessible State website; and
regularly distribute the information to local educational agencies and Tribal governments in the State.
Sec. 301 Allowable uses of funds
In general— Except as provided in section 302, a local educational agency that receives covered funds may use such funds to—
develop the facilities master plan required under section 103(e);
construct, modernize, renovate, or retrofit public school facilities, which may include seismic retrofitting for schools vulnerable to seismic natural disasters;
carry out major repairs of public school facilities;
install furniture or fixtures with at least a 10-year life in public school facilities;
construct new public school facilities;
acquire and prepare sites on which new public school facilities will be constructed;
extend the life of basic systems and components of public school facilities;
changed
reduce ensure current or anticipated overcrowding in enrollment does not exceed the physical and instructional capacity of public school facilities;
changed
ensure the building envelopes and interiors of public school facilities protect occupants and interiors from the natural elements and human threats, and are structurally sounds sound and secure;
added
compose building design plans that strengthen the safety and security on school premises by utilizing design elements, principles, and technology that—
added
guarantee layers of security throughout the school premises; and
added
uphold the aesthetics of the school premises as a learning and teaching environment;
renumbered
was (2)(12)
improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities;
renumbered
was (2)(13)
improve indoor air quality in public school facilities;
renumbered
was (2)(14)
reduce or eliminate the presence of—
added
toxic substances, including mercury, radon, PCBs, lead, and asbestos;
removed
toxins and chemicals, including mercury, radon, PCBs, lead, and asbestos;
renumbered
was (2)(14)(3)
mold and mildew; or
renumbered
was (2)(14)(4)
rodents and pests;
renumbered
was (2)(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;
renumbered
was (2)(16)
bring public school facilities into compliance with applicable fire, health, and safety codes;
renumbered
was (2)(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);
added
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);
removed
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, the arts, and literacy (including library programs);
renumbered
was (2)(19)
increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic, health, and social services;
renumbered
was (2)(20)
ensure the health of students and staff during the construction or modernization of public school facilities; or
renumbered
was (2)(21)
reduce or eliminate excessive classroom noise due to activities allowable under this section.
Allowance for digital learning— A local educational agency may use funds received under section 103(a)(2) or proceeds from a school infrastructure bond limitation allocated under section 54BB(g) of the Internal Revenue Code of 1986 (as added by section 202) to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning.
Sec. 303 Requirements for hazard-resistance and energy and water conservation
added 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:
removed
In general— In a given fiscal year, a local educational agency that uses covered funds for a new construction project or renovation project shall use not less than the applicable percentage (as described in subsection (b)) of the funds used for such project for construction or renovation that is certified, verified, or consistent with the applicable provisions of—
removed
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”);
removed
the Living Building Challenge developed by the International Living Future Institute;
removed
a green building rating program developed by the Collaborative for High-Performance Schools (commonly known as “CHPS”) that is CHPS-verified; or
removed
a program that—
removed
has standards that are equivalent to or more stringent than the standards of a program described in paragraphs (1) through (3);
removed
is adopted by the State or another jurisdiction with authority over the agency; and
removed
includes a verifiable method to demonstrate compliance with such program.
changed
Applicable percentage— The applicable percentage described Requirements for such projects set forth in this subsection is—the most recent published edition of a nationally recognized, consensus-based model building code.
added
Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus-based model energy conservation code.
added
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.
removed
for fiscal year 2020, 60 percent;
removed
for fiscal year 2021, 70 percent;
removed
for fiscal year 2022; 80 percent;
removed
for fiscal year 2023, 90 percent; and
removed
for each of fiscal years 2024 through 2029, 100 percent.
Sec. 304 Green Practices
changed
In general— A In a given fiscal year, a local educational agency that receives uses covered funds for a new construction project or renovation project shall ensure that any iron, steel, and manufactured products used use not less than the applicable percentage (as described in projects carried out with such subsection (b)) of the funds are produced in used for such project for construction or renovation that is certified, verified, or consistent with the United States.applicable provisions of—
added
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”);
added
the Living Building Challenge developed by the International Living Future Institute;
added
a green building rating program developed by the Collaborative for High-Performance Schools (commonly known as “CHPS”) that is CHPS-verified;
added
the International Green Construction Code; or
added
a program that—
added
has standards that are equivalent to or more stringent than the standards of a program described in paragraphs (1) through (3);
added
is adopted by the State or another jurisdiction with authority over the agency; and
added
includes a verifiable method to demonstrate compliance with such program.
added
Applicable percentage— The applicable percentage described in this subsection is—
removed
Waiver authority—
removed
In general— The Secretary may waive the requirement of subsection (a) if the Secretary determines that—
removed
applying subsection (a) would be inconsistent with the public interest;
removed
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
removed
using iron, steel, and manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent.
changed
Publication— Before issuing a waiver under paragraph (1), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination.for fiscal year 2020, 60 percent;
added
for fiscal year 2021, 70 percent;
added
for fiscal year 2022; 80 percent;
added
for fiscal year 2023, 90 percent; and
added
for each of fiscal years 2024 through 2029, 100 percent.
removed
Consistency with international agreements— This section shall be applied in a manner consistent with the obligations of the United States under international agreements.
removed
Definitions— In this section:
removed
Produced in the United States— The term produced in the United States means the following:
removed
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.
removed
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—
removed
steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; and
removed
steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin.
removed
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—
removed
electrical components; and
removed
non-ferrous building materials, including, aluminum and polyvinylchloride (PVC), glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material.
Sec. 305 Use of American iron, steel, and manufactured products
changed
In general— Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States A local educational agency that receives covered funds shall submit to the appropriate congressional committees a report on the ensure that any iron, steel, and manufactured products used in projects carried out with covered funds.such funds are produced in the United States.
added
Waiver authority—
added
In general— The Secretary may waive the requirement of subsection (a) if the Secretary determines that—
added
applying subsection (a) would be inconsistent with the public interest;
added
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
added
using iron, steel, and manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent.
removed
Elements— The report under subsection (a) shall include an assessment of—
changed
Publication— Before issuing a waiver under paragraph (1), the types Secretary shall publish in the Federal Register a detailed written explanation of projects carried out with covered funds;the waiver determination.
removed
the geographic distribution of the projects;
removed
an assessment of the impact of the projects on the health and safety of school staff and students; and
removed
how the Secretary or States could make covered funds more accessible—
removed
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
removed
to schools with fiscal challenges in raising capital for school infrastructure projects.
changed
Updates—Consistency with international agreements— The Comptroller General This section shall update and resubmit be applied in a manner consistent with the report to obligations of the appropriate congressional committees—United States under international agreements.
added
Definitions— In this section:
added
Produced in the United States— The term produced in the United States means the following:
added
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.
added
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—
added
steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; and
added
steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin.
added
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—
added
electrical components; and
added
non-ferrous building materials, including, aluminum and polyvinylchloride (PVC), glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material.
removed
on a date that is between 5 and 6 years after the date of the enactment of this Act; and
removed
on a date that is between 10 and 11 years after such date of enactment.
Sec. 306 Comptroller general report
changed
Study and report—In general— Not less frequently later than once in each 5-year period beginning 2 years after the date of the enactment of this Act, the Secretary, acting through the Director Comptroller General of the Institute of Education Sciences, shall—United States shall submit to the appropriate congressional committees a report on the projects carried out with covered funds.
removed
carry out a comprehensive study of the physical conditions of all public schools in the United States; and
removed
submit a report to the appropriate congressional committees that includes that results of the study.
changed
Elements— Each study and The report under subsection (a) shall include an assessment of—
changed
the effect of school facility conditions on student and staff health and safety;State activities, including—
added
the types of public school facilities data collected by each State, if any;
added
technical assistance with respect to public school facilities provided by each State, if any;
added
future plans of each State with respect to public school facilities;
added
criteria used by each State to determine high-need students and facilities for purposes of the projects carried out with covered funds; and
added
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;
changed
the effect types of school facility conditions on student academic outcomes;projects carried out with covered funds, including—
added
the square footage of the improvements made with covered funds;
added
the total cost of each such project; and
added
the cost described in subparagraph (B), disaggregated by, with respect to such project, the cost of planning, design, construction, site purchase, and improvements;
changed
the condition of school facilities, set forth separately by geographic region;distribution of the projects;
changed
the condition demographic composition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups;the student population served by the projects, disaggregated by—
added
race;
added
the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 USC 6333(c)); and
added
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 USC 1751 et seq.);
changed
an assessment of the accessibility impact of school facilities for students the projects on the health and safety of school staff with disabilities; and students; and
changed
an explanation of any differences observed with respect to how the factors described in paragraphs (1) through (5) between local educational agencies that received Secretary or States could make covered funds and agencies that did not receive such funds.more accessible—
added
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
added
to schools with fiscal challenges in raising capital for school infrastructure projects.
added
Updates— The Comptroller General shall update and resubmit the report to the appropriate congressional committees—
added
on a date that is between 5 and 6 years after the date of the enactment of this Act; and
added
on a date that is between 10 and 11 years after such date of enactment.
Sec. 307 Study and report physical condition of public schools
changed
Data standards—Study and report— Not later less frequently than 120 days once in each 5-year period beginning after the date of the enactment of this Act, the Secretary, in consultation with acting through the officials described in subsection (b), Director of the Institute of Education Sciences, shall—
changed
identify carry out a comprehensive study of the data that physical conditions of all public schools in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States should collect Virgin Islands, Guam, American Samoa, and include in the databases developed under section 102(a)(2)(B);Commonwealth of the Northern Mariana Islands; and
changed
develop standards for submit a report to the measurement appropriate congressional committees that includes the results of such data; andthe study.
removed
issue guidance to States concerning the collection and measurement of such data.
changed
Officials—Elements— The officials described in this Each study and report under subsection are—(a) shall include—
changed
the Administrator of the Environmental Protection Agency;an assessment of—
added
the effect of school facility conditions on student and staff health and safety;
added
the effect of school facility conditions on student academic outcomes;
added
the condition of school facilities, set forth separately by geographic region;
added
the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups;
added
the accessibility of school facilities for students and staff with disabilities;
added
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;
added
the condition of school facilities affected by natural disasters;
added
the effect that projects carried out with covered funds have on the communities in which such projects are conducted, including the vitality, jobs, population, and economy of such communities; and
added
the ability of building envelopes and interiors of public school facilities to protect occupants from natural elements and human threats;
changed
an explanation of any differences observed with respect to the Secretary factors described in subparagraphs (A) through (H) of Energy;paragraph (1); and
changed
the Director a cost estimate for bringing school facilities to a state of good repair, as determined by the Centers for Disease Control and Prevention; andSecretary.
removed
the Director of the National Institute for Occupational Safety and Health.
Sec. 308 Development of data standards
changed
In general—Data standards— 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 Secretary, in initiating, developing, and financing—consultation with the officials described in subsection (b), shall—
changed
energy efficiency projects;identify the data that States should collect and include in the databases developed under section 102(a)(2)(A)(ii);
changed
distributed generation projects; develop standards for the measurement of such data; and
changed
energy retrofitting projects.issue guidance to States concerning the collection and measurement of such data.
changed
Elements—Officials— In carrying out The officials described in this subsection (a), the Secretary shall—are—
changed
consult with the officials described in section 307(b) to develop a list Administrator of Federal programs and financing mechanisms to be included in the clearinghouse; andEnvironmental Protection Agency;
changed
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 Secretary of a single online resource that includes contact information for relevant technical assistance that may be used by States, local educational agencies, and schools to effectively access and use such Federal programs and financing mechanisms.Energy;
added
the Director of the Centers for Disease Control and Prevention; and
added
the Director of the National Institute for Occupational Safety and Health.
Sec. 309 Information clearinghouse
added
added
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—
added
energy efficiency projects;
added
distributed generation projects; and
added
energy retrofitting projects.
added
Elements— In carrying out subsection (a), the Secretary shall—
added
consult with the officials described in section 308(b) to develop a list of Federal programs and financing mechanisms to be included in the clearinghouse; and
added
coordinate with such officials to develop a collaborative education and outreach effort to streamline communications and promote the Federal programs and financing mechanisms included in the clearinghouse, which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance that may be used by States, outlying areas, local educational agencies, and Bureau-funded schools effectively access and use such Federal programs and financing mechanisms.
Sec. 310 Prohibition on use of funds for facilities of for-profit charter schools
addedadded No covered funds may be used for the facilities of a public charter school that is operated by a for-profit entity.
Sec. 311 Prohibition on use of funds for certain charter schools
addedadded No covered funds may be used for the facilities of a public charter school if—
added
the school leases the facilities from an individual or private sector entity; and
added
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. 312 Sense of congress on Opportunity Zones
added
added
Findings— The Congress finds as follows:
added
Opportunity Zones were championed by prominent leaders of both parties as an innovative way to tackle longstanding challenges.
added
As of December 2018, 8,763 low-income communities had been designated as Opportunity Zones, representing all 50 States, the District of Columbia, Pue1io Rico, the U.S. Virgin Islands, and American Samoa.
added
Schools are integral parts of communities, and a key part of communities’ economic and work force development efforts could be modernizing school facilities.
added
Sense of Congress— lt 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.
Sec. 401 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:
changed
“(d) Construction—For the purpose of carrying out section 7007, there are authorized to be appropriated—appropriated $100,000,000 for each of fiscal years 2020 through 2024.”
removed
“(1) $18,756,765 for fiscal year 2020;
removed
“(2) $50,406,000 for each of fiscal years 2021 and 2022; and
removed
“(3) $52,756,765 for fiscal year 2023.”
Sec. 501 Allocations to States
added
added
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 502.
added
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. 502 Grants to local educational agencies
added
added
In general— From the amounts allocated to a State under section 501(a) and contributed by the State under subsection (e)(2), the State shall award grants to local educational agencies—
added
to pay the future costs of repairing concrete school foundations damaged by the presence of pyrrhotite; or
added
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.
added
Local educational agency eligiblity—
added
Eligiblity for grants for future repairs— To be eligible to receive a grant under subsection (a)(1), a local educational agency shall—
added
with respect to each school for which the agency seeks to use grant funds, demonstrate to the State that—
added
the school is a pyrrhotite-affected school; and
added
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—
added
by a professional engineer licensed in the State in which the school is located; and
added
in accordance with applicable State standards or standards approved by any independent, non-profit, or private entity authorized by the State to oversee construction, testing, or financial relief efforts for damaged building foundations; and
added
provide an assurance that—
added
the local educational agency will use the grant only for the allowable uses described in subsection (f)(1); and
added
all work funded with the grant will be conducted by a qualified contractor or architect licensed in the State.
added
Eligiblity 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.
added
Application—
added
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).
added
Contents— At minimum, each application shall include—
added
information and documentation sufficient to enable the State to determine if the local educational agency meets the eligibility criteria under subsection (b);
added
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);
added
in the case of an agency seeking a grant under subsection (a)(2)—
added
an itemized explanation of—
added
the costs incurred by the agency in carrying out any activities described subsection (f);
added
any amounts contributed from other Federal, State, local, or private sources for such activities; and
added
the amount for which the local educational agency seeks reimbursement; and
added
the percentage of any costs described in subparagraph (B) or (C) that are covered by an insurance policy.
added
Approval and disbursement—
added
Approval—
added
State— The State shall approve the application of each local educational agency for submission to the Secretary that—
added
submits a complete and correct application under subsection (c); and
added
meets the criteria for eligibility under subsection (b).
added
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—
added
approve such application, in a case in which the Secretary determines that such application meets the requirements of subparagraph (A); or
added
deny such application, in the case of an application that does not meet such requirements.
added
Disbursement—
added
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).
added
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).
added
Federal and State Share—
added
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.
added
State share—
added
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.
added
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.
added
Uses of funds—
added
Allowable uses of funds— A local educational agency that receives a grant under this section shall use such grant only for costs associated with—
added
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—
added
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
added
to restore the school to the condition it was in before the school’s foundation was damaged due to the presence of pyrrhotite; and
added
engineering reports, architectural design, core tests, and other activities directly related to the repair or replacement project.
added
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—
added
work done to outbuildings, sheds, or barns, swimming pools (whether in-ground or above-ground), playgrounds or ballfields, or any ponds or water features;
added
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
added
any other activities not described in paragraph (1).
added
Limitation— A local educational agency may not, for the same project, receive a grant under both—
added
this section; and
added
title I.
Sec. 503 Definitions
addedadded In this title:
added
Pyrrhotite-affected school— The term pyrrhotite-affected school means an elementary school or a secondary school that meets the following criteria:
added
The school has a concrete foundation.
added
Pyrrhotite is present in the school’s concrete foundation, as demonstrated by a petrographic or other type of laboratory core analysis or core inspection.
added
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.
added
A qualified engineer determined that the deterioration of the school’s foundation, due to the presence of pyrrhotite—
added
caused the school to become structurally unsound; or
added
will result in the school becoming structurally unsound within the next five years.
added
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. 504 Authorization of appropriations
addedadded There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2020 and each fiscal year thereafter.