Rebuild America’s Schools Act of 2022

IB Union Calendar No. 467 117TH CONGRESS 2D SESSION H. R. 604 [Report No. 117–607, Part I] To provide for the long-term improvement of public school facilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Mr. SCOTT of Virginia (for himself, Mr. NORCROSS, Ms. ADAMS, Mr. AGUILAR, Mr. AUCHINCLOSS, Mrs. AXNE, Ms. BARRAGA´N, Ms. BASS, Mrs. BEATTY, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BROWN of Maryland, Ms. BROWNLEY, Mr. BUTTERFIELD, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. CARSON, Mr. CASTEN, Ms. CASTOR of Florida, Mr. CASTRO of Texas, Ms. CHU, Mr. CICILLINE, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, Mr. CONNOLLY, Mr. COURTNEY, Ms. CRAIG, Mr. CROW, Mr. CUELLAR, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELGADO, Mrs. DEMINGS, Mr. DESAULNIER, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mr. FOSTER, Ms. LOIS FRANKEL of Florida, Mr. GALLEGO, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. GARCI´A of Illinois, Mr. GOMEZ, Mr. GRIJALVA, Mr. HASTINGS, Mrs. HAYES, Mr. HORSFORD, Ms. HOULAHAN, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. JA- COBS of California, Mr. JOHNSON of Georgia, Mr. JONES, Ms. KAPTUR, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Mrs. KIRKPATRICK, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mr. LAMB, Mr. LANGEVIN, Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Mrs. LEE of Nevada, Mr. LEVIN of Michigan, Mr. LEVIN of California, Mr. LIEU, Ms. LOFGREN, Mr. SEAN PATRICK MALONEY of New York, Mrs. MCBATH, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MCNERNEY, Ms. MENG, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Mr. O’HALLERAN, Ms. OMAR, Mr. PANETTA, Mr. PASCRELL, Mr. PAYNE, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. PRICE of North Carolina, Mr. RASKIN, Miss RICE of New York, Ms. ROSS, Ms. ROYBAL- VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 604 RH ALLARD, Mr. RUPPERSBERGER, Mr. RYAN of Ohio, Mr. SABLAN, Ms. SA´NCHEZ, Mr. SAN NICOLAS, Mr. SARBANES, Ms. SCANLON, Ms. SCHA- KOWSKY, Ms. SCHRIER, Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Mr. SHERMAN, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. STEVENS, Mr. SUOZZI, Mr. SWALWELL, Mr. TAKANO, Mr. THOMPSON of Mississippi, Mr. THOMPSON of California, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Mr. VEASEY, Mr. VELA, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mr. WELCH, Ms. WEXTON, Ms. WILD, Ms. WILLIAMS of Georgia, Ms. WIL- SON of Florida, and Mrs. LURIA) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned DECEMBER 7, 2022 Reported from the Committee on Education and Labor with an amendment [Strike out all after the enacting clause and insert the part printed in italic] DECEMBER 7, 2022 Referral to the Committee on Ways and Means extended for a period ending not later than December 15, 2022 DECEMBER 16, 2022 Additional sponsors: Mr. MRVAN, Ms. LEGER FERNANDEZ, Mr. BOWMAN, Ms. PLASKETT, Mr. ALLRED, Mr. QUIGLEY, Mr. CARTWRIGHT, Ms. DELBENE, Mr. RUSH, Ms. JAYAPAL, Mr. PERLMUTTER, Mr. MOULTON, Mr. YARMUTH, Ms. MANNING, Ms. SHERRILL, Mr. HIMES, Ms. STRICK- LAND, Ms. BUSH, Mr. BACON, Ms. MCCOLLUM, Mrs. MURPHY of Flor- ida, Ms. WATERS, Mr. PALLONE, Mr. KEATING, Mrs. DINGELL, Mrs. CAROLYN B. MALONEY of New York, Ms. NEWMAN, Mr. LARSEN of Washington, Mrs. CHERFILUS-MCCORMICK, Mr. LARSON of Connecticut, and Mr. MFUME DECEMBER 16, 2022 Committee on Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on January 28, 2021] A BILL To provide for the long-term improvement of public school facilities, and for other purposes. VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 604 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the ‘‘Re- 4 build America’s Schools Act of 2022’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL FACILITIES Sec. 101. Purpose and reservation. Sec. 102. Allocation to states. Sec. 103. Need-based grants to qualified local educational agencies. Sec. 104. Annual report on grant program. Sec. 105. Authorization of appropriations. TITLE II—SCHOOL INFRASTRUCTURE BONDS Sec. 201. Restoration of certain qualified tax credit bonds. Sec. 202. School infrastructure bonds. Sec. 203. Annual report on bond program. TITLE III—USES OF FUNDS Sec. 301. Allowable uses of funds. Sec. 302. Prohibited uses. Sec. 303. Requirements for hazard-resistance and energy and water conservation. Sec. 304. Green practices. Sec. 305. Use of american iron, steel, and manufactured products. TITLE IV—REPORTS AND OTHER MATTERS Sec. 401. Comptroller general report. Sec. 402. Study and report on physical condition of public schools. Sec. 403. Office of School Infrastructure and Sustainability. Sec. 404. Development of data standards. Sec. 405. Information clearinghouse. Sec. 406. Sense of congress on opportunity zones. TITLE V—IMPACT AID CONSTRUCTION Sec. 501. Temporary increase in funding for impact aid construction. TITLE VI—ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY PYRRHOTITE Sec. 601. Allocations to States. VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 604 RH Sec. 602. Grants to local educational agencies. Sec. 603. Definitions. Sec. 604. Authorization of appropriations. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional commit- 4 tees’’ means the Committee on Education and Labor 5 of the House of Representatives and the Committee on 6 Health, Education, Labor and Pensions of the Senate. 7 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu- 8 reau-funded school’’ has the meaning given that term 9 in section 1141 of the Education Amendments of 1978 10 (25 U.S.C. 2021). 11 (3) COVERED FUNDS.—The term ‘‘covered funds’’ 12 means funds received— 13 (A) under title I of this Act; 14 (B) from a school infrastructure bond; or 15 (C) from a qualified zone academy bond (as 16 such term is defined in section 54E of the Inter- 17 nal Revenue Code of 1986 (as restored by section 18 201)). 19 (4) ESEA TERMS.—The terms ‘‘elementary 20 school’’, ‘‘outlying area’’, and ‘‘secondary school’’ have 21 the meanings given those terms in section 8101 of the 22 Elementary and Secondary Education Act of 1965 23 (20 U.S.C. 7801). 24 VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 604 RH (5) LOCAL EDUCATIONAL AGENCY.—The term 1 ‘‘local educational agency’’ has the meaning given 2 that term in section 8101 of the Elementary and Sec- 3 ondary Education Act of 1965 (20 U.S.C. 7801) ex- 4 cept that such term does not include a Bureau-funded 5 school. 6 (6) PUBLIC SCHOOL FACILITIES.—The term 7 ‘‘public school facilities’’ means the facilities and 8 grounds of a public elementary school or a public sec- 9 ondary school. 10 (7) QUALIFIED LOCAL EDUCATIONAL AGENCY.— 11 The term ‘‘qualified local educational agency’’ means 12 a local educational agency that receives funds under 13 part A of title I of the Elementary and Secondary 14 Education Act of 1965 (20 U.S.C. 6311 et seq.). 15 (8) SCHOOL INFRASTRUCTURE BOND.—The term 16 ‘‘school infrastructure bond’’ has the meaning given 17 such term in section 54BB of the Internal Revenue 18 Code of 1986 (as added by section 202). 19 (9) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Education. 21 (10) STATE.—The term ‘‘State’’ means each of 22 the 50 States, the District of Columbia, and the Com- 23 monwealth of Puerto Rico. 24 VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 604 RH (11) NET ZERO ENERGY SCHOOL.—The term 1 ‘‘net zero energy school’’ means a public elementary 2 school or public secondary school that— 3 (A) generates renewable energy on-site; and 4 (B) on an annual basis, exports an amount 5 of such renewable energy that equals or exceeds 6 the total amount of renewable energy that is de- 7 livered to the school from outside sources. 8 TITLE I—GRANTS FOR THE 9 LONG-TERM IMPROVEMENT 10 OF PUBLIC SCHOOL FACILI- 11 TIES 12 SEC. 101. PURPOSE AND RESERVATION. 13 (a) PURPOSE.—Funds made available under this title 14 shall be for the purpose of supporting long-term improve- 15 ments to public school facilities in accordance with this Act. 16 (b) RESERVATION FOR OUTLYING AREAS AND BU- 17 REAU-FUNDED SCHOOLS.— 18 (1) IN GENERAL.—For each of fiscal years 2023 19 through 2027, the Secretary shall reserve, from the 20 amount appropriated to carry out this title— 21 (A) one-half of 1 percent, to make alloca- 22 tions to the outlying areas in accordance with 23 paragraph (3); and 24 VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 604 RH (B) one-half of 1 percent, for payments to 1 the Secretary of the Interior to provide assist- 2 ance to Bureau-funded schools. 3 (2) USE OF RESERVED FUNDS.— 4 (A) IN GENERAL.—Funds reserved under 5 paragraph (1) shall be used in accordance with 6 title III. 7 (B) SPECIAL RULES FOR BUREAU-FUNDED 8 SCHOOLS.— 9 (i) APPLICABILITY.—The provisions of 10 title III shall apply to a Bureau-funded 11 school that receives assistance under para- 12 graph (1)(B) in the same manner that such 13 provisions apply to a qualified local edu- 14 cational agency that receives covered funds. 15 The facilities of a Bureau-funded school 16 shall be treated as public school facilities for 17 purposes of the application of such provi- 18 sions. 19 (ii) TREATMENT OF TRIBALLY OPER- 20 ATED SCHOOLS.—The Secretary of the Inte- 21 rior shall provide assistance to Bureau- 22 funded schools under paragraph (1)(B) 23 without regard to whether such schools are 24 operated by the Bureau of Indian Edu- 25 VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 604 RH cation or by an Indian Tribe. In the case 1 of a Bureau-funded school that is a contract 2 or grant school (as that term is defined in 3 section 1141 of the Education Amendments 4 of 1978 (25 U.S.C. 2021)) operated by an 5 Indian Tribe, the Secretary of the Interior 6 shall provide assistance under such para- 7 graph to the Indian Tribe concerned. 8 (3) ALLOCATION TO OUTLYING AREAS.—From 9 the amount reserved under paragraph (1)(A) for a fis- 10 cal year, the Secretary shall allocate to each outlying 11 area an amount in proportion to the amount received 12 by the outlying area under part A of title I of the El- 13 ementary and Secondary Education Act of 1965 (20 14 U.S.C. 6311 et seq.) for the previous fiscal year rel- 15 ative to the total such amount received by all outlying 16 areas for such previous fiscal year. 17 SEC. 102. ALLOCATION TO STATES. 18 (a) ALLOCATION TO STATES.— 19 (1) STATE-BY-STATE ALLOCATION.— 20 (A) FISCAL YEAR 2023.—Of the amount ap- 21 propriated to carry out this title for fiscal year 22 2023 and not reserved under section 101(b), not 23 later than 30 days after such funds are appro- 24 priated, each State that provides an assurance to 25 VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 604 RH the Secretary that the State will comply with the 1 requirements of section 103(c) shall be allocated 2 an amount in proportion to the amount received 3 by all local educational agencies in the State 4 under part A of title I of the Elementary and 5 Secondary Education Act of 1965 (20 U.S.C. 6 6311 et seq.) for the previous fiscal year relative 7 to the total amount received under such part for 8 such fiscal year by all local educational agencies 9 in every State that provides such an assurance 10 to the Secretary. 11 (B) OTHER FISCAL YEARS.—Of the amount 12 appropriated to carry out this title for each fis- 13 cal year other than fiscal year 2023 and not re- 14 served under section 101(b), each State that has 15 a plan approved by the Secretary under sub- 16 section (b) shall be allocated an amount in pro- 17 portion to the amount received by all local edu- 18 cational agencies in the State under part A of 19 title I of the Elementary and Secondary Edu- 20 cation Act of 1965 (20 U.S.C. 6311 et seq.) for 21 the previous fiscal year relative to the total 22 amount received under such part for such fiscal 23 year by all local educational agencies in every 24 VerDate Sep 11 2014 22:33 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H604.RH H604 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 604 RH State that has a plan approved by the Secretary 1 under subsection (b). 2 (2) STATE RESERVATION.—A State may reserve 3 not more than 5 percent of its allocation under para- 4 graph (1) to carry out its responsibilities under this 5 Act, which shall include— 6 (A) providing technical assistance to local 7 educational agencies, including by— 8 (i) identifying which State agencies 9 have programs, resources, and expertise rel- 10 evant to the activities supported by the allo- 11 cation under this section; and 12 (ii) coordinating the provision of tech- 13 nical assistance across such agencies; 14 (B) in accordance with the guidance issued 15 by the Secretary under section 404, developing 16 an online, publicly searchable database that con- 17 tains an inventory of the infrastructure of all 18 public school facilities in the State (including 19 the facilities of Bureau-funded schools, as appro- 20 priate), including, with respect to each such fa [Text truncated for display. 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