,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dhbf ,,in ,,the ,,house ,,of ,,representatives ,june #aj1 #bjad ,mr4 ,sean ,patrick ,maloney of ,new ,york 7for himself1 ,mr4 ,george ,miller of ,california1 ,ms4 ,brown of ,florida1 ,mr4 ,holt1 ,mr4 ,tonko1 ,mr4 ,cummings1 ,ms4 ,mc,collum1 ,mr4 ,mc,dermott1 and ,mr4 ,david ,scott of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to direct the ,secretary of ,education to make grants to ,state educational agencies for the modernization1 renovation1 or repair of public school facilities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as-- 7#a7 the ,school ,modernization and ,revitalization ,through ,jobs ,act2 7#b7 the ,,smart ,jobs ,act2 or 7#c7 the #bast ,century ,green ,high-,performing ,public ,school ,facilities ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,grants for modernization1 renovation1 or repair of public school facilities ,sec4 #aja4 ,purpose4 ,sec4 #ajb4 ,allocation of funds4 ,sec4 #ajc4 ,allowable uses of funds4 ,title ,,ii--,supplemental grants for disaster areas ,sec4 #bja4 ,purpose4 ,sec4 #bjb4 ,allocation to local educational agencies4 ,sec4 #bjc4 ,allowable uses of funds4 ,title ,,iii--,general provisions ,sec4 #cja4 ,impermissible uses of funds4 ,sec4 #cjb4 ,supplement1 not supplant4 ,sec4 #cjc4 ,prohibition regarding ,state aid4 ,sec4 #cjd4 ,maintenance of effort4 ,sec4 #cje4 ,special rule on contracting4 ,sec4 #cjf4 ,use of ,american iron1 steel1 and manufactured goods4 ,sec4 #cjg4 ,labor standards4 ,sec4 #cjh4 ,charter schools4 ,sec4 #cji4 ,green schools4 ,sec4 #caj4 ,reporting4 ,sec4 #caa4 ,authorization of appropriations4 #b4 ,definitions ,in this ,act3 7#a7 ,the term ,bureau-funded school has the meaning given to such term in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba74 7#b7 ,the term charter school has the meaning given such term in section #ebaj of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba74 7#c7 ,the term ,,chps ,criteria means the green building rating program developed by the ,collaborative for ,high ,performance ,schools4 7#d7 ,the term ,energy ,star means the ,energy ,star program of the ,united ,states ,department of ,energy and the ,united ,states ,environmental ,protection ,agency4 7#e7 ,the term ,green ,globes means the ,green ,building ,initiative environmental design and rating system referred to as ,green ,globes4 7#f7 ,the term ,,leed ,green ,building ,rating ,system means the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design green building rating standard referred to as ,,leed ,green ,building ,rating ,system4 7#g7 ,the term local educational agency-- 7,a7 has the meaning given to that term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja71 and shall also include the ,recovery ,school ,district of ,louisiana and the ,new ,orleans ,public ,schools2 and 7,b7 includes any public charter school that constitutes a local educational agency under ,state law4 7#h7 ,the term outlying area-- 7,a7 means the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands2 and 7,b7 includes the freely associated states of the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 7#i7 ,the term public school facilities means an existing public school facility1 including a public charter school facility1 or another existing facility planned for adaptive reuse as such a school facility4 7#aj7 ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 ,i ,grants for modernization1 renovation1 or repair of public school facilities #aja4 ,purpose ,grants under this title shall be for the purpose of modernizing1 renovating1 or repairing public school facilities1 based on their need for such improvements1 to be safe1 healthy1 high-performing1 and up-to-date technologically4 #ajb4 ,allocation of funds 7a7 ,reservation 7#a7 ,in general ,from the amount appropriated to carry out this title for each fiscal year pursuant to section #caa7;a71 the ,secretary shall reserve #a percent of such amount1 consistent with the purpose described in section #aja-- 7,a7 to provide assistance to the outlying areas2 and 7,b7 for payments to the ,secretary of the ,interior to provide assistance to ,bureau-funded schools4 7#b7 ,use of reserved funds ,in each fiscal year1 the amount reserved under paragraph 7#a7 shall be divided between the uses described in subparagraphs 7,a7 and 7,b7 of such paragraph in the same proportion as the amount reserved under section #aaba7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcca7;a77 is divided between the uses described in paragraphs 7#a7 and 7#b7 of such section #aaba7;a7 in such fiscal year4 7b7 ,allocation to ,states 7#a7 ,state-by-,state allocation ,of the amount appropriated to carry out this title for each fiscal year pursuant to section #caa7;a71 and not reserved under subsection 7a71 each ,state 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the previous fiscal year relative to the total amount received by all local educational agencies in every ,state under such part for such fiscal year4 7#b7 ,state administration ,a ,state may reserve up to #a percent of its allocation under paragraph 7#a7 to carry out its responsibilities under this title1 which include-- 7,a7 providing technical assistance to local educational agencies2 7,b7 developing a database that includes an inventory of public school facilities in the ,state1 including for each1 its design1 condition1 modernization1 renovation and repair needs1 usage1 utilization1 energy use1 and carbon footprint2 and 7,c7 developing a school energy efficiency quality plan4 7#c7 ,grants to local educational agencies ,from the amount allocated to a ,state under paragraph 7#a71 each local educational agency in the ,state that meets the requirements of section #aaab7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcab7;a77 shall receive an amount in proportion to the amount received by such local educational agency under part ,a of title ,i of that ,act 7#bj ,u4,s4,c4 #fcaa et seq47 for the previous fiscal year relative to the total amount received by all local educational agencies in the ,state under such part for such fiscal year1 except that no local educational agency that received funds under part ,a of title ,i of that ,act for such fiscal year shall receive a grant of less than #e1jjj in any fiscal year under this title4 7#d7 ,special rule ,section #aabb7;c77#c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccb7;c77#c77 shall not apply to paragraph 7#a7 or 7#c74 7c7 ,special rules 7#a7 ,distributions by ,secretary ,the ,secretary shall make and distribute the reservations and allocations described in subsections 7a7 and 7b7 not later than #cj days after an appropriation of funds for this title is made4 7#b7 ,distributions by ,states ,a ,state shall make and distribute the allocations described in subsection 7b77#c7 within #cj days of receiving such funds from the ,secretary4 #ajc4 ,allowable uses of funds ,a local educational agency receiving a grant under this title shall use the grant for modernization1 renovation1 or repair of public school facilities1 including1 where applicable1 early learning facilities-- 7#a7 repairing1 replacing1 or installing roofs1 including extensive1 intensive or semi-intensive green roofs1 electrical wiring1 plumbing systems1 sewage systems1 lighting systems1 or components of such systems1 windows1 or doors1 including security doors2 7#b7 repairing1 replacing1 or installing heating1 ventilation1 air conditioning systems1 or components of such systems 7including insulation71 including indoor air quality assessments2 7#c7 bringing public schools into compliance with fire1 health1 and safety codes1 including professional installation of fire_/life safety alarms1 including modernizations1 renovations1 and repairs that ensure that schools are prepared for emergencies1 such as improving building infrastructure to accommodate security measures2 7#d7 modifications necessary to make public school facilities accessible to comply with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 7#e7 abatement1 removal1 or interim controls of asbestos1 polychlorinated biphenyls1 mold1 mildew1 or lead-based paint hazards2 7#f7 measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution2 7#g7 modernizations1 renovations1 or repairs necessary to reduce the consumption of coal1 electricity1 land1 natural gas1 oil1 or water2 7#h7 upgrading or installing educational technology infrastructure to ensure that students have access to up-to-date educational technology2 7#i7 modernization1 renovation1 or repair of science and engineering laboratory facilities1 libraries1 and career and technical education facilities1 including those related to energy efficiency and renewable energy1 and improvements to building infrastructure to accommodate bicycle and pedestrian access2 7#aj7 renewable energy generation and heating systems1 including solar1 photovoltaic1 wind1 geothermal1 or biomass1 including wood pellet1 systems or components of such systems2 7#aa7 other modernization1 renovation1 or repair of public school facilities to-- 7,a7 improve teachers' ability to teach and students' ability to learn2 7,b7 ensure the health and safety of students and staff2 7,c7 make them more energy efficient2 or 7,d7 reduce class size2 and 7#ab7 required environmental remediation related to public school modernization1 renovation1 or repair described in paragraphs 7#a7 through 7#aa74 ,,ii ,supplemental grants for disaster areas #bja4 ,purpose ,grants under this title shall be for the purpose of modernizing1 renovating1 repairing1 or constructing public school facilities1 including1 where applicable1 early learning facilities1 based on their need for such improvements1 to be safe1 healthy1 high-performing1 and up-to-date technologically4 #bjb4 ,allocation to local educational agencies 7a7 ,in general ,of the amount appropriated to carry out this title for each fiscal year pursuant to section #caa7;b71 the ,secretary shall allocate to local educational agencies serving areas in which the ,president1 pursuant to section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 and during the preceding #aj fiscal years1 has determined that a major disaster exists an amount equal to the infrastructure damage inflicted on public school facilities in each such area relative to the total of such infrastructure damage so inflicted in all such areas1 combined4 7b7 ,distribution by ,secretary ,the ,secretary shall determine and distribute the allocations described in subsection 7a7 not later than #fj days after an appropriation of funds for this title is made4 #bjc4 ,allowable uses of funds ,a local educational agency receiving a grant under this title shall use the grant for one or more of the activities described in section #ajc1 except that an agency receiving a grant under this title also may use the grant for the construction of new public school facilities4 ,,iii ,general provisions #cja4 ,impermissible uses of funds ,no funds received under this ,act may be used for-- 7#a7 payment of maintenance costs2 7#b7 stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public2 7#c7 improvement or construction of facilities the purpose of which is not the education of children1 including central office administration or operations or logistical support facilities2 or 7#d7 purchasing carbon offsets4 #cjb4 ,supplement1 not supplant ,a local educational agency receiving a grant under this ,act shall use such ,federal funds only to supplement and not supplant the amount of funds that would1 in the absence of such ,federal funds1 be available for modernization1 renovation1 repair1 and construction of public school facilities4 #cjc4 ,prohibition regarding ,state aid ,a ,state shall not take into consideration payments under this ,act in determining the eligibility of any local educational agency in that ,state for ,state aid1 or the amount of ,state aid1 with respect to free public education of children4 #cjd4 ,maintenance of effort 7a7 ,in general ,a local educational agency may receive a grant under this ,act for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the ,state involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than #ij percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year4 7b7 ,reduction in case of failure ,to meet maintenance of effort requirement 7#a7 ,in general ,the ,state educational agency shall reduce the amount of a local educational agency's grant in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection 7a7 of this section by falling below #ij percent of both the combined fiscal effort per student and aggregate expenditures 7using the measure most favorable to the local agency74 7#b7 ,special rule ,no such lesser amount shall be used for computing the effort required under subsection 7a7 of this section for subsequent years4 7c7 ,waiver ,the ,secretary shall waive the requirements of this section if the ,secretary determines that a waiver would be equitable due to-- 7#a7 exceptional or uncontrollable circumstances1 such as a natural disaster2 or 7#b7 a precipitous decline in the financial resources of the local educational agency4 #cje4 ,special rule on contracting ,each local educational agency receiving a grant under this ,act shall ensure that1 if the agency carries out modernization1 renovation1 repair1 or construction through a contract1 the process for any such contract ensures the maximum number of qualified bidders1 including local1 small1 minority1 and women- and veteran-owned businesses1 through full and open competition4 #cjf4 ,use of ,american iron1 steel1 and manufactured goods 7a7 ,in general ,none of the funds appropriated or otherwise made available by this ,act may be used for a project for the modernization1 renovation1 repair or construction of a public school facility unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7b7 ,exceptions ,subsection 7a7 shall not apply in any case or category of cases in which the ,secretary finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron1 steel1 and the relevant manufactured goods are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron1 steel1 and manufactured goods produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,publication of justification ,if the ,secretary determines that it is necessary to waive the application of subsection 7a7 based on a finding under subsection 7b71 the ,secretary shall publish in the ,federal ,register a detailed written justification of the determination4 7d7 ,construction ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #cjg4 ,labor standards ,the grant programs under this ,act are applicable programs 7as that term is defined in section #djj of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba77 subject to section #dci of such ,act 7#bj ,u4,s4,c4 #abcb;b74 #cjh4 ,charter schools ,a local educational agency receiving an allocation under this section shall use an equitable portion of that allocation for allowable activities benefitting charter schools within its jurisdiction1 as determined based on the percentage of students from low-income families in the schools of the agency who are enrolled in charter schools and on the needs of those schools as determined by the agency4 #cji4 ,green schools 7a7 ,in general ,in a given fiscal year1 a local educational agency shall use not less than the applicable percentage 7described in subsection 7b77 of funds received under this ,act for public school modernization1 renovation1 repairs1 or construction that are certified1 verified1 or consistent with any applicable provisions of-- 7#a7 the ,,leed ,green ,building ,rating ,system2 7#b7 ,energy ,star2 7#c7 the ,,chps ,criteria2 7#d7 ,green ,globes2 or 7#e7 an equivalent program adopted by the ,state or another jurisdiction with authority over the local educational agency4 7b7 ,applicable percentages ,the applicable percentage described in subsection 7a7 is-- 7#a7 in fiscal year #bjae1 #ej percent2 7#b7 in fiscal year #bjaf1 #fj percent2 7#c7 in fiscal year #bjag1 #gj percent2 7#d7 in fiscal year #bjah1 #hj percent2 7#e7 in fiscal year #bjai1 #ij percent2 and 7#f7 in fiscal year #bjbj1 #ajj percent4 7c7 ,technical assistance ,the ,secretary1 in consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall provide outreach and technical assistance to ,states and local educational agencies concerning the best practices in school modernization1 renovation1 repair1 and construction1 including those related to student academic achievement1 student and staff health1 energy efficiency1 and environmental protection4 7d7 ,youthbuild programs ,the ,secretary of ,education1 in consultation with the ,secretary of ,labor1 shall work with recipients of funds under this section to promote appropriate opportunities for participants in a ,youth,build program 7as defined in section #agc;,a of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biah;a77 to gain employment experience on modernization1 renovation1 and repair projects funded under this section4 #caj4 ,reporting 7a7 ,reports by local educational agencies ,local educational agencies receiving a grant under this ,act shall annually compile a report describing the projects for which such funds were used1 including-- 7#a7 the number of public schools served by the agency1 including the number of charter schools2 7#b7 the total amount of funds received by the local educational agency under this ,act and the amount of such funds expended1 including the amount expended for modernization1 renovation1 repair1 or construction of charter schools2 7#c7 the number of public schools served by the agency designated with an urban-centric school locale code of #da1 #db1 or #dc as determined by the ,national ,center for ,education ,statistics and the percentage of funds received by the agency under title ,i or title ,,ii of this ,act that were used for projects at such schools2 7#d7 the number of public schools served by the agency that are eligible for schoolwide programs under section #aaad of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcad7 and the percentage of funds received by the agency under title ,i or title ,,ii of this ,act that were used for projects at such schools2 7#e7 for each project-- 7,a7 the cost2 7,b7 the standard described in section #cji7;a7 with which the use of the funds complied or1 if the use of funds did not comply with a standard described in section #cji7;a71 the reason such funds were not able to be used in compliance with such standards and the agency's efforts to use such funds in an environmentally sound manner2 7,c7 if flooring was installed1 whether-- 7i7 it was low- or no-,,voc 7,volatile ,organic ,compounds7 flooring2 7ii7 it was made from sustainable materials2 and 7iii7 use of flooring described in clause 7i7 or 7ii7 was cost effective2 and 7,d7 any demonstrable or expected benefits as a result of the project 7such as energy savings1 improved indoor environmental quality1 improved climate for teaching and learning1 etc472 and 7#f7 the total number and amount of contracts awarded1 and the number and amount of contracts awarded to local1 small1 minority1 and women- and veteran-owned businesses4 7b7 ,availability of reports ,a local educational agency shall-- 7#a7 submit the report described in subsection 7a7 to the ,state educational agency1 which shall compile such information and report it annually to the ,secretary2 and 7#b7 make the report described in subsection 7a7 publicly available1 including on the agency's ,web site4 7c7 ,reports by ,secretary ,not later than ,december #ca of each fiscal year1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and make available on the ,department of ,education's ,web site1 a report on grants made under this ,act1 including the information described in subsection 7b77#a71 the types of modernization1 renovation1 repair1 and construction funded1 and the number of students impacted1 including the number of students counted under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e774 #caa4 ,authorization of appropriations 7a7 ,title ,i ,to carry out title ,i1 there are authorized to be appropriated #f1djj1jjj1jjj for fiscal year #bjae and such sums as may be necessary for each of fiscal years #bjaf through #bjbj4 7b7 ,title ,,ii ,to carry out title ,,ii1 there are authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjae through #bjbj4