I 116TH CONGRESS 1ST SESSION H. R. 1457 To direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 28, 2019 Mr. SEAN PATRICK MALONEY of New York introduced the following bill; which was referred to the Committee on Education and Labor A BILL To direct the Secretary of Education to make grants to State educational agencies for the modernization, renova- tion, or repair of public school facilities, and for other purposes. 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— 4 (1) the ‘‘School Modernization and Revitaliza- 5 tion Through Jobs Act’’; 6 (2) the ‘‘SMART Jobs Act’’; or 7 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 2 •HR 1457 IH (3) the ‘‘21st Century Green High-Performing 1 Public School Facilities Act’’. 2 (b) TABLE OF CONTENTS.—The table of contents for 3 this Act is as follows: 4 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIES Sec. 101. Purpose. Sec. 102. Allocation of funds. Sec. 103. Allowable uses of funds. TITLE II—SUPPLEMENTAL GRANTS FOR DISASTER AREAS Sec. 201. Purpose. Sec. 202. Allocation to local educational agencies. Sec. 203. Allowable uses of funds. TITLE III—GENERAL PROVISIONS Sec. 301. Impermissible uses of funds. Sec. 302. Supplement, not supplant. Sec. 303. Prohibition regarding State aid. Sec. 304. Maintenance of effort. Sec. 305. Special rule on contracting. Sec. 306. Use of American iron, steel, and manufactured goods. Sec. 307. Labor standards. Sec. 308. Charter schools. Sec. 309. Green schools. Sec. 310. Reporting. Sec. 311. Authorization of appropriations. SEC. 2. DEFINITIONS. 5 In this Act: 6 (1) The term ‘‘Bureau-funded school’’ has the 7 meaning given to such term in section 1141 of the 8 Education Amendments of 1978 (25 U.S.C. 2021). 9 (2) The term ‘‘charter school’’ has the meaning 10 given such term in section 4310 of the Elementary 11 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 3 •HR 1457 IH and Secondary Education Act of 1965 (20 U.S.C. 1 7221i). 2 (3) The term ‘‘CHPS Criteria’’ means the 3 green building rating program developed by the Col- 4 laborative for High Performance Schools. 5 (4) The term ‘‘Energy Star’’ means the Energy 6 Star program of the United States Department of 7 Energy and the United States Environmental Pro- 8 tection Agency. 9 (5) The term ‘‘Green Globes’’ means the Green 10 Building Initiative environmental design and rating 11 system referred to as Green Globes. 12 (6) The term ‘‘LEED Green Building Rating 13 System’’ means the United States Green Building 14 Council Leadership in Energy and Environmental 15 Design green building rating standard referred to as 16 LEED Green Building Rating System. 17 (7) The term ‘‘local educational agency’’— 18 (A) has the meaning given to that term in 19 section 8101 of the Elementary and Secondary 20 Education Act of 1965 (20 U.S.C. 7801), and 21 shall also include the Recovery School District 22 of Louisiana and the New Orleans Public 23 Schools; and 24 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 4 •HR 1457 IH (B) includes any public charter school that 1 constitutes a local educational agency under 2 State law. 3 (8) The term ‘‘outlying area’’— 4 (A) means the United States Virgin Is- 5 lands, Guam, American Samoa, and the Com- 6 monwealth of the Northern Mariana Islands; 7 and 8 (B) includes the freely associated states of 9 the Republic of the Marshall Islands, the Fed- 10 erated States of Micronesia, and the Republic 11 of Palau. 12 (9) The term ‘‘public school facilities’’ means 13 an existing public school facility, including a public 14 charter school facility, or another existing facility 15 planned for adaptive reuse as such a school facility. 16 (10) The term ‘‘State’’ means each of the 50 17 States, the District of Columbia, and the Common- 18 wealth of Puerto Rico. 19 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 5 •HR 1457 IH TITLE I—GRANTS FOR MOD- 1 ERNIZATION, RENOVATION, 2 OR REPAIR OF PUBLIC 3 SCHOOL FACILITIES 4 SEC. 101. PURPOSE. 5 Grants under this title shall be for the purpose of 6 modernizing, renovating, or repairing public school facili- 7 ties, based on their need for such improvements, to be 8 safe, healthy, high-performing, and up-to-date techno- 9 logically. 10 SEC. 102. ALLOCATION OF FUNDS. 11 (a) RESERVATION.— 12 (1) IN GENERAL.—From the amount appro- 13 priated to carry out this title for each fiscal year 14 pursuant to section 311(a), the Secretary shall re- 15 serve 1 percent of such amount, consistent with the 16 purpose described in section 101— 17 (A) to provide assistance to the outlying 18 areas; and 19 (B) for payments to the Secretary of the 20 Interior to provide assistance to Bureau-funded 21 schools. 22 (2) USE OF RESERVED FUNDS.—In each fiscal 23 year, the amount reserved under paragraph (1) shall 24 be divided between the uses described in subpara- 25 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 6 •HR 1457 IH graphs (A) and (B) of such paragraph in the same 1 proportion as the amount reserved under section 2 1121(a) of the Elementary and Secondary Edu- 3 cation Act of 1965 (20 U.S.C. 6331(a)) is divided 4 between the uses described in paragraphs (1) and 5 (2) of such section 1121(a) in such fiscal year. 6 (b) ALLOCATION TO STATES.— 7 (1) STATE-BY-STATE ALLOCATION.—Of the 8 amount appropriated to carry out this title for each 9 fiscal year pursuant to section 311(a), and not re- 10 served under subsection (a), each State shall be allo- 11 cated an amount in proportion to the amount re- 12 ceived by all local educational agencies in the State 13 under part A of title I of the Elementary and Sec- 14 ondary Education Act of 1965 (20 U.S.C. 6311 et 15 seq.) for the previous fiscal year relative to the total 16 amount received by all local educational agencies in 17 every State under such part for such fiscal year. 18 (2) STATE ADMINISTRATION.—A State may re- 19 serve up to 1 percent of its allocation under para- 20 graph (1) to carry out its responsibilities under this 21 title, which include— 22 (A) providing technical assistance to local 23 educational agencies; 24 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 7 •HR 1457 IH (B) developing a database that includes an 1 inventory of public school facilities in the State, 2 including for each, its design, condition, mod- 3 ernization, renovation and repair needs, usage, 4 utilization, energy use, and carbon footprint; 5 and 6 (C) developing a school energy efficiency 7 quality plan. 8 (3) GRANTS TO LOCAL EDUCATIONAL AGEN- 9 CIES.—From the amount allocated to a State under 10 paragraph (1), each local educational agency in the 11 State that meets the requirements of section 12 1112(a) of the Elementary and Secondary Edu- 13 cation Act of 1965 (20 U.S.C. 6312(a)) shall receive 14 an amount in proportion to the amount received by 15 such local educational agency under part A of title 16 I of that Act (20 U.S.C. 6311 et seq.) for the pre- 17 vious fiscal year relative to the total amount received 18 by all local educational agencies in the State under 19 such part for such fiscal year, except that no local 20 educational agency that received funds under part A 21 of title I of that Act for such fiscal year shall receive 22 a grant of less than $5,000 in any fiscal year under 23 this title. 24 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 8 •HR 1457 IH (4) SPECIAL RULE.—Section 1122(c)(3) of the 1 Elementary and Secondary Education Act of 1965 2 (20 U.S.C. 6332(c)(3)) shall not apply to paragraph 3 (1) or (3). 4 (c) SPECIAL RULES.— 5 (1) DISTRIBUTIONS BY SECRETARY.—The Sec- 6 retary shall make and distribute the reservations 7 and allocations described in subsections (a) and (b) 8 not later than 30 days after an appropriation of 9 funds for this title is made. 10 (2) DISTRIBUTIONS BY STATES.—A State shall 11 make and distribute the allocations described in sub- 12 section (b)(3) within 30 days of receiving such funds 13 from the Secretary. 14 SEC. 103. ALLOWABLE USES OF FUNDS. 15 A local educational agency receiving a grant under 16 this title shall use the grant for modernization, renovation, 17 or repair of public school facilities, including, where appli- 18 cable, early learning facilities— 19 (1) repairing, replacing, or installing roofs, in- 20 cluding extensive, intensive or semi-intensive green 21 roofs, electrical wiring, plumbing systems, sewage 22 systems, lighting systems, or components of such 23 systems, windows, or doors, including security doors; 24 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 9 •HR 1457 IH (2) repairing, replacing, or installing heating, 1 ventilation, air conditioning systems, or components 2 of such systems (including insulation), including in- 3 door air quality assessments; 4 (3) bringing public schools into compliance with 5 fire, health, and safety codes, including professional 6 installation of fire/life safety alarms, including mod- 7 ernizations, renovations, and repairs that ensure 8 that schools are prepared for emergencies, such as 9 improving building infrastructure to accommodate 10 security measures; 11 (4) modifications necessary to make public 12 school facilities accessible to comply with the Ameri- 13 cans with Disabilities Act of 1990 (42 U.S.C. 12101 14 et seq.) and section 504 of the Rehabilitation Act of 15 1973 (29 U.S.C. 794); 16 (5) abatement, removal, or interim controls of 17 asbestos, polychlorinated biphenyls, mold, mildew, or 18 lead-based paint hazards; 19 (6) measures designed to reduce or eliminate 20 human exposure to classroom noise and environ- 21 mental noise pollution; 22 (7) modernizations, renovations, or repairs nec- 23 essary to reduce the consumption of coal, electricity, 24 land, natural gas, oil, or water; 25 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 10 •HR 1457 IH (8) upgrading or installing educational tech- 1 nology infrastructure to ensure that students have 2 access to up-to-date educational technology; 3 (9) modernization, renovation, or repair of 4 science and engineering laboratory facilities, librar- 5 ies, and career and technical education facilities, in- 6 cluding those related to energy efficiency and renew- 7 able energy, and improvements to building infra- 8 structure to accommodate bicycle and pedestrian ac- 9 cess; 10 (10) renewable energy generation and heating 11 systems, including solar, photovoltaic, wind, geo- 12 thermal, or biomass, including wood pellet, systems 13 or components of such systems; 14 (11) other modernization, renovation, or repair 15 of public school facilities to— 16 (A) improve teachers’ ability to teach and 17 students’ ability to learn; 18 (B) ensure the health and safety of stu- 19 dents and staff; 20 (C) make them more energy efficient; or 21 (D) reduce class size; and 22 (12) required environmental remediation related 23 to public school modernization, renovation, or repair 24 described in paragraphs (1) through (11). 25 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 11 •HR 1457 IH TITLE II—SUPPLEMENTAL 1 GRANTS FOR DISASTER AREAS 2 SEC. 201. PURPOSE. 3 Grants under this title shall be for the purpose of 4 modernizing, renovating, repairing, or constructing public 5 school facilities, including, where applicable, early learning 6 facilities, based on their need for such improvements, to 7 be safe, healthy, high-performing, and up-to-date techno- 8 logically. 9 SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGEN- 10 CIES. 11 (a) IN GENERAL.—Of the amount appropriated to 12 carry out this title for each fiscal year pursuant to section 13 311(b), the Secretary shall allocate to local educational 14 agencies serving areas in which the President, pursuant 15 to section 401 of the Robert T. Stafford Disaster Relief 16 and Emergency Assistance Act (42 U.S.C. 5170) and dur- 17 ing the preceding 10 fiscal years, has determined that a 18 major disaster exists an amount equal to the infrastruc- 19 ture damage inflicted on public school facilities in each 20 such area relative to the total of such infrastructure dam- 21 age so inflicted in all such areas, combined. 22 (b) DISTRIBUTION BY SECRETARY.—The Secretary 23 shall determine and distribute the allocations described in 24 VerDate Sep 11 2014 22:13 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1457.IH H1457 tkelley on DSKBCP9HB2PROD with BILLS 12 •HR 1457 IH subsection (a) not later than 60 days after an appropria- 1 tion of funds for this title is made. 2 SEC. 203. ALLOWABLE USES OF FUNDS. 3 A local educational agency receiving a grant under 4 this title shall use the grant for one or more of the activi- 5 ties described in section 103, except that an agency receiv- 6 ing a grant under this title also may use the grant for 7 the construction of new public school facilities. 8 TITLE III—GENERAL 9 PROVISIONS 10 SEC. 301. IMPERMISSIBLE USES OF FUNDS. 11 No funds received under this Act may be used for— 12 (1) payment of maintenance costs; 13 (2) stadiums or other facilities primarily used 14 for athletic contests or exhibitions or other events 15 for which admission is charged to the general public; 16 (3) improvement or construction of facilities the 17 purpose of which is not the education of children, in- 18 cluding central office administration or operations or 19 logistical support facilities; or 20 (4) purchasing carbon offsets. 21 SEC. 302. SUP [Text truncated for display. Full text available on Congress.gov.]