Rebuild America’s Schools Act of 2019

IB Union Calendar No. 567 116TH CONGRESS 2D SESSION H. R. 865 [Report No. 116–684, Part I] To provide for the long-term improvement of public school facilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 30, 2019 Mr. SCOTT of Virginia (for himself, Ms. ADAMS, Mr. AGUILAR, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BROWN of Maryland, Ms. BROWNLEY of California, Mrs. BUSTOS, Mr. CARBAJAL, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Mr. CASE, Ms. CASTOR of Florida, Mr. CASTRO of Texas, Ms. JUDY CHU of California, Mr. CICILLINE, Mr. CISNEROS, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLAY, Mr. CLEAVER, Mr. COHEN, Mr. COURTNEY, Mr. COSTA, Ms. CRAIG, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. DEFAZIO, Mrs. DEMINGS, Mr. DESAULNIER, Mrs. DINGELL, Mr. ENGEL, Ms. ESHOO, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Ms. FUDGE, Mr. GALLEGO, Mr. GARAMENDI, Mr. GARCI´A of Illinois, Mr. GOMEZ, Mr. GONZALEZ of Texas, Mr. GREEN of Texas, Mr. GRIJALVA, Ms. HAALAND, Mrs. HAYES, Mr. HARDER of California, Mr. HECK, Ms. HILL of California, Mr. HIMES, Mr. HORSFORD, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. JOHN- SON of Texas, Ms. KAPTUR, Mr. KEATING, Mr. KENNEDY, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIND, Mr. KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. LANGEVIN, Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Mrs. LEE of Nevada, Mr. LEVIN of Michigan, Mr. TED LIEU of California, Mr. LOEBSACK, Ms. LOFGREN, Mr. LOWENTHAL, Mr. LUJA´N, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOV- ERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. MORELLE, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. O’HALLERAN, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PASCRELL, VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 865 RH Mr. PAYNE, Mr. PERLMUTTER, Ms. PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New York, Mr. RICHMOND, Mr. ROSE of New York, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. RYAN, Mr. SABLAN, Ms. SA´NCHEZ, Mr. SAN NICOLAS, Mr. SAR- BANES, Ms. SCANLON, Mr. SCHIFF, Ms. SCHAKOWSKY, Mr. DAVID SCOTT of Georgia, Ms. SCHRIER, Ms. SHALALA, Mr. SERRANO, Ms. SEWELL of Alabama, Mr. SOTO, Ms. SPANBERGER, Mr. SWALWELL of California, Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TLAIB, Mr. TONKO, Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Ms. UNDER- WOOD, Mr. VARGAS, Mr. VELA, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. WILD, Ms. WILSON of Florida, Mr. YARMUTH, and Ms. STEVENS) intro- duced the following bill; which was referred to the Committee on Edu- cation and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned DECEMBER 21, 2020 Additional sponsors: Mr. ALLRED, Mr. VEASEY, Ms. BASS, Ms. MUCARSEL- POWELL, Mr. SMITH of Washington, Mr. CUELLAR, Ms. HOULAHAN, Ms. FRANKEL, Mr. PETERSON, Mr. SIRES, Mr. KIM, Mr. COX of California, Mr. LARSON of Connecticut, Mr. LEVIN of California, Ms. FINKENAUER, Mr. SHERMAN, Ms. TITUS, Mr. RUPPERSBERGER, Mr. BISHOP of Geor- gia, Mr. PHILLIPS, Mrs. AXNE, Mrs. KIRKPATRICK, Mr. MALINOWSKI, Mr. HIGGINS of New York, Mr. PAPPAS, Mr. ROUDA, Ms. PORTER, Mr. BRINDISI, Mr. DELGADO, Ms. SPEIER, Mr. CROW, Mr. LARSEN of Wash- ington, Ms. DELBENE, Mr. CRIST, Ms. SLOTKIN, Mr. NEAL, Ms. SHERRILL, Mr. LAMB, Mrs. LURIA, Mr. PRICE of North Carolina, Mr. CONNOLLY, Ms. TORRES SMALL of New Mexico, Ms. WEXTON, Mr. CASTEN of Illinois, Ms. DEAN, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. CA´RDENAS, Mr. LEWIS, Mr. FOSTER, Ms. GABBARD, Mr. CORREA, Mr. HASTINGS, Mr. BUTTERFIELD, Mr. THOMPSON of California, Ms. KELLY of Illinois, Ms. GARCIA of Texas, Mr. RUIZ, Mr. BEYER, Mr. SUOZZI, Mr. VAN DREW, and Ms. PLASKETT VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 865 RH DECEMBER 21, 2020 Reported from the Committee on Education and Labor with amendments DECEMBER 21, 2020 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 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6652 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 865 RH A BILL To provide for the long-term improvement of public school facilities, and for other purposes. VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6652 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 865 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 4 ‘‘Rebuild America’s Schools Act of 2019’’. 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—GENERAL PROVISIONS Sec. 301. Allowable uses of funds. Sec. 302. Prohibited uses. Sec. 303. Green Practices. Sec. 304. Use of American iron, steel, and manufactured products. Sec. 305. Comptroller general report. Sec. 306. Study and report physical condition of public schools. Sec. 307. Development of data standards. Sec. 308. Information clearinghouse. TITLE IV—IMPACT AID CONSTRUCTION Sec. 401. Temporary increase in funding for impact aid construction. SEC. 2. DEFINITIONS. 8 In this Act: 9 (1) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES.—The term ‘‘appropriate congressional com- 11 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 865 RH mittees’’ means the Committee on Education and 1 Labor of the House of Representatives and the Com- 2 mittee on Health, Education, Labor and Pensions of 3 the Senate. 4 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu- 5 reau-funded school’’ has the meaning given that 6 term in section 1141 of the Education Amendments 7 of 1978 (25 U.S.C. 2021). 8 (3) COVERED FUNDS.—The term ‘‘covered 9 funds’’ means funds received— 10 (A) under title I of this Act; 11 (B) from a school infrastructure bond; or 12 (C) from a qualified zone academy bond 13 (as such term is defined in section 54E of the 14 Internal Revenue Code of 1986 (as restored by 15 section 201)). 16 (4) ESEA TERMS.—The terms ‘‘elementary 17 school’’, ‘‘outlying area’’, and ‘‘secondary school’’ 18 have the meanings given those terms in section 8101 19 of the Elementary and Secondary Education Act of 20 1965 (20 U.S.C. 7801). 21 (5) LOCAL EDUCATIONAL AGENCY.—The term 22 ‘‘local educational agency’’ has the meaning given 23 that term in section 8101 of the Elementary and 24 Secondary Education Act of 1965 (20 U.S.C. 7801) 25 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 865 RH except that such term does not include a Bureau- 1 funded school. 2 (6) PUBLIC SCHOOL FACILITIES.—The term 3 ‘‘public school facilities’’ means the facilities of a 4 public elementary school or a public secondary 5 school. 6 (7) QUALIFIED LOCAL EDUCATIONAL AGEN- 7 CY.—The term ‘‘qualified local educational agency’’ 8 means a local educational agency that receives funds 9 under part A of title I of the Elementary and Sec- 10 ondary Education Act of 1965 (20 U.S.C. 6311 et 11 seq.). 12 (8) SCHOOL INFRASTRUCTURE BOND.—The 13 term ‘‘school infrastructure bond’’ has the meaning 14 given such term in section 54BB of the Internal 15 Revenue Code of 1986 (as added by section 202). 16 (9) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of Education. 18 (10) STATE.—The term ‘‘State’’ means each of 19 the 50 States, the District of Columbia, and the 20 Commonwealth of Puerto Rico. 21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 22 (a) SHORT TITLE.—This Act may be cited as the ‘‘Re- 23 build America’s Schools Act of 2019’’. 24 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 865 RH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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—GENERAL PROVISIONS 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. Sec. 306. Comptroller general report. Sec. 307. Study and report physical condition of public schools. Sec. 308. Development of data standards. Sec. 309. Information clearinghouse. Sec. 310. Prohibition on use of funds for facilities of for-profit charter schools. Sec. 311. Prohibition on use of funds for certain charter schools. Sec. 312. Sense of congress on Opportunity Zones. TITLE IV—IMPACT AID CONSTRUCTION Sec. 401. Temporary increase in funding for impact aid construction. TITLE V—ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY PYRRHOTITE Sec. 501. Allocations to States. Sec. 502. Grants to local educational agencies. Sec. 503. Definitions. Sec. 504. Authorization of appropriations. SEC. 2. DEFINITIONS. 3 In this Act: 4 (1) APPROPRIATE CONGRESSIONAL COMMIT- 5 TEES.—The term ‘‘appropriate congressional commit- 6 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 865 RH tees’’ means the Committee on Education and Labor 1 of the House of Representatives and the Committee on 2 Health, Education, Labor and Pensions of the Senate. 3 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu- 4 reau-funded school’’ has the meaning given that term 5 in section 1141 of the Education Amendments of 1978 6 (25 U.S.C. 2021). 7 (3) COVERED FUNDS.—The term ‘‘covered funds’’ 8 means funds received— 9 (A) under title I of this Act; 10 (B) from a school infrastructure bond; or 11 (C) from a qualified zone academy bond (as 12 such term is defined in section 54E of the Inter- 13 nal Revenue Code of 1986 (as restored by section 14 201)). 15 (4) ESEA TERMS.—The terms ‘‘elementary 16 school’’, ‘‘outlying area’’, and ‘‘secondary school’’ have 17 the meanings given those terms in section 8101 of the 18 Elementary and Secondary Education Act of 1965 19 (20 U.S.C. 7801). 20 (5) LOCAL EDUCATIONAL AGENCY.—The term 21 ‘‘local educational agency’’ has the meaning given 22 that term in section 8101 of the Elementary and Sec- 23 ondary Education Act of 1965 (20 U.S.C. 7801) ex- 24 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 865 RH cept that such term does not include a Bureau-funded 1 school. 2 (6) PUBLIC SCHOOL FACILITIES.—The term 3 ‘‘public school facilities’’ means the facilities of a pub- 4 lic elementary school or a public secondary school. 5 (7) QUALIFIED LOCAL EDUCATIONAL AGENCY.— 6 The term ‘‘qualified local educational agency’’ means 7 a local educational agency that receives funds under 8 part A of title I of the Elementary and Secondary 9 Education Act of 1965 (20 U.S.C. 6311 et seq.). 10 (8) SCHOOL INFRASTRUCTURE BOND.—The term 11 ‘‘school infrastructure bond’’ has the meaning given 12 such term in section 54BB of the Internal Revenue 13 Code of 1986 (as added by section 202). 14 (9) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Education. 16 (10) STATE.—The term ‘‘State’’ means each of 17 the 50 States, the District of Columbia, and the Com- 18 monwealth of Puerto Rico. 19 (11) ZERO ENERGY SCHOOL.—The term ‘‘zero 20 energy school’’ means a public elementary school or 21 public secondary school that— 22 (A) generates renewable energy on-site; and 23 (B) on an annual basis, exports an amount 24 of such renewable energy that equals or exceeds 25 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 865 RH the total amount of renewable energy that is de- 1 livered to the school from outside sources. 2 TITLE I—GRANTS FOR THE 3 LONG-TERM IMPROVEMENT 4 OF PUBLIC SCHOOL FACILI- 5 TIES 6 SEC. 101. PURPOSE AND RESERVATION. 7 (a) PURPOSE.—Funds made available under this title 8 shall be for the purpose of supporting long-term improve- 9 ments to public school facilities in accordance with this 10 Act. 11 (b) RESERVATION FOR OUTLYING AREAS AND BU- 12 REAU-FUNDED SCHOOLS.— 13 (1) IN GENERAL.—For each of fiscal years 14 2020 through 2029, the Secretary shall reserve, 15 from the amount appropriated to carry out this 16 title— 17 (A) one-half of 1 percent, to provide assist- 18 ance to the outlying areas; and 19 (B) one-half of 1 percent, for payments to 20 the Secretary of the Interior to provide assist- 21 ance to Bureau-funded schools. 22 (2) USE OF RESERVED FUNDS.— 23 VerDate Sep 11 2014 22:23 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\H865.RH H865 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 865 RH (A) IN GENERAL.—Funds reserved under 1 paragraph (1) shall be used in accordance with 2 sections 301 through 304. 3 (B) SPECIAL RULES FOR BUREAU-FUNDED 4 [Text truncated for display. 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