,,ii #aaeth ,,congress #ast ,session ,s4 #afgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjag ,mr4 ,reed 7for himself1 ,mr4 ,brown1 ,ms4 ,cortez ,masto1 ,ms4 ,hassan1 ,ms4 ,warren1 ,mr4 ,whitehouse1 ,ms4 ,hirono1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide grants for the repair1 renovation1 and construction of public elementary schools and secondary schools1 to establish a school infrastructure bond program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,school ,building ,improvement ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,,esea definitions ,the terms elementary school1 local educational agency1 outlying areas1 secondary school1 and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #haja74 7#b7 ,,ashrae energy standard for buildings ,the term ,,ashrae ,energy ,standard for ,buildings means ,american ,society of ,heating1 ,refrigerating and ,air-,conditioning ,engineers ,standard #ij4a4-bjaf or any successor standard4 7#c7 ,charter school ,the term charter school has the meaning given the term in section #dcaj of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbbli74 7#d7 ,,chps ,criteria ,the term ,,chps ,criteria means the green building rating criteria developed by the ,collaborative for ,high ,performance ,schools4 7#e7 ,covered funds ,the term covered funds means funds provided under title ,i or title ,,ii4 7#f7 ,early learning facility ,the term early learning facility means a public facility that-- 7,a7 serves children who are not yet in kindergarten2 and 7,b7 is under the jurisdiction of a local educational agency4 7#g7 ,energy star ,the term ,energy ,star means the ,energy ,star program of the ,department of ,energy and the ,environmental ,protection ,agency4 7#h7 ,facility condition index ,the term facility condition index means1 as of the date of the calculation1 the cost of maintenance1 repairs1 and replacement deficiencies of a facility1 divided by the estimated replacement value of the facility4 7#i7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency that-- 7,a7 serves a high percentage of high-need schools2 and 7,b7 is among the local educational agencies in a ,state with the highest number or proportion of children who are counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife1 in comparison to other local educational agencies in the ,state4 7#aj7 ,high-need school ,the term high-need school means-- 7,a7 an elementary school or middle school in which not less than #ej percent of the enrolled students are children from low-income families2 or 7,b7 a high school in which not less than #dj percent of the enrolled students are children from low-income families1 which may be calculated using comparable data from the schools that feed into the high school4 7#aa7 ,,leed ,green building rating system ,the term ,,leed ,green ,building ,rating ,system means the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design green building rating system4 7#ab7 ,low-income family ,the term low-income family means a family-- 7,a7 in which the children are eligible for a free or reduced-price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,b7 receiving assistance under the program of block grants to ,states for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 or 7,c7 in which the children are eligible to receive medical assistance under the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7#ac7 ,public school facility ,the term public school facility means a public elementary school or secondary school facility1 including a public charter school facility or an existing facility planned for adaptive reuse as a public charter school facility4 7#ad7 ,rural local educational agency ,the term rural local educational agency means a local educational agency that meets the eligibility requirements under-- 7,a7 section #ebaa7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gcde7;b77 for participation in the program described in subpart #a of part ,b of title ,v of such ,act2 or 7,b7 section #ebba7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gcea7;b77 for participation in the program described in subpart #b of part ,b of title ,v of such ,act4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#af7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 ,i ,grants for school repair1 renovation1 and construction #aja4 ,grants for school repair1 renovation1 and construction 7a7 ,allocation of funds 7#a7 ,reservations ,from the funds appropriated under subsection 7i7 for a fiscal year1 the ,secretary shall reserve #a percent to provide assistance to the outlying areas and for payments to the ,secretary of the ,interior to provide assistance to schools funded by the ,bureau of ,indian ,education4 ,funds allocated under this paragraph shall be reserved by the ,secretary for distribution among the outlying areas and the ,secretary of the ,interior on the basis of their relative need for public elementary school and secondary school repair1 renovation1 and construction1 as determined by the ,secretary4 7#b7 ,state allotment 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 from the funds made available under subsection 7i7 that remain after carrying out paragraph 7#a7 for a fiscal year1 the ,secretary shall allot to each ,state educational agency serving a ,state an amount that bears the same relation to such remainder as the amount the ,state received under subpart #b of part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the fiscal year preceding the fiscal year for which the determination is made bears to the amount all ,states received under such subpart for such preceding fiscal year4 7,b7 ,state minimum ,no ,state receiving an allotment under this paragraph shall receive less than one-half of #a percent of the total amount allotted under this paragraph4 7,c7 ,puerto rico ,the amount allotted under this paragraph to the ,commonwealth of ,puerto ,rico for a fiscal year may not exceed one-half of #a percent of the total amount allotted under this paragraph4 7b7 ,within-,state distributions 7#a7 ,administrative and other costs 7,a7 ,state educational agency administration and other costs ,except as provided in subparagraph 7,d71 each ,state educational agency may reserve not more than #a percent of the ,state educational agency's allotment under subsection 7a7 for the purposes of administering the distribution of grants under this subsection and awarding grants under subparagraph 7,c77v74 7,b7 ,required uses ,the ,state educational agency shall use a portion of the funds reserved under subparagraph 7,a7-- 7i7 to provide technical assistance to local educational agencies2 and 7ii7 to establish or support a ,state-level database of public school facility inventory1 condition1 design1 and utilization1 in accordance with section #cjd4 7,c7 ,permissible uses ,the ,state educational agency may use a portion of the funds reserved under subparagraph 7,a7 for-- 7i7 developing a statewide public school facility master plan2 7ii7 developing policies1 procedures1 and standards for high-quality1 energy efficient public school facilities2 7iii7 supporting interagency collaboration that will lead to broad community use of public school facilities1 and school-based services for students served by high-need local educational agencies or rural local educational agencies2 7iv7 helping to defray the cost of issuing ,state bonds to finance public elementary school and secondary school repair1 renovation1 and construction2 and 7v7 awarding grants to ,state-operated or ,state-supported schools1 such as a ,state school for the deaf or for the blind1 to enable such schools to carry out school repair1 renovation1 and construction activities in accordance with subsection 7c74 7,d7 ,state entity administration and other costs ,if the ,state educational agency transfers funds to a ,state entity described in paragraph 7#b77;,a71 the ,state educational agency shall transfer to such ,state entity not less than #ge percent of the amount reserved under subparagraph 7,a7 for the purpose of carrying out the activities described in subparagraph 7,c74 7#b7 ,distribution of competitive school repair1 renovation1 and construction grants to local educational agencies 7,a7 ,in general ,of the funds allotted to a ,state educational agency under subsection 7a7 that are not reserved under paragraph 7#a71 the ,state educational agency shall distribute #ajj percent of such funds to local educational agencies or1 if the ,state educational agency is not responsible for the financing of public school facilities1 the ,state educational agency shall transfer such funds to the ,state entity responsible for the financing of public school facilities 7referred to in this section as the ,state entity7 for distribution by such ,state entity to local educational agencies in accordance with this paragraph1 to be used1 consistent with subsection 7c71 for public elementary school or secondary school repair1 renovation1 and construction4 7,b7 ,competitive grants to local educational agencies ,the ,state educational agency or ,state entity shall carry out a program to award grants1 on a competitive basis1 to local educational agencies for public elementary school or secondary school repair1 renovation1 and construction4 ,of the total amount available for distribution to local educational agencies under this paragraph1 the ,state educational agency or ,state entity1 shall1 in carrying out the grant competition-- 7i7 award to high-need local educational agencies1 in the aggregate1 not less than an amount which bears the same relationship to such total amount as the aggregate amount such high-need local educational agencies received 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 fiscal year preceding the fiscal year for which the determination is made bears to the aggregate amount received for such preceding fiscal year under such part by all local educational agencies in the ,state2 7ii7 award to rural local educational agencies in the ,state1 in the aggregate1 not less than an amount which bears the same relationship to such total amount as the aggregate amount such rural local educational agencies received 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 fiscal year preceding the fiscal year for which the determination is made bears to the aggregate amount received for such preceding fiscal year under such part by all local educational agencies in the ,state2 and 7iii7 award the remaining funds to local educational agencies in the ,state that did not receive a grant award under clause 7i7 or 7ii71 including to high-need local educational agencies and rural local educational agencies that did not receive a grant award under clause 7i7 or 7ii74 7,c7 ,criteria for awarding grants ,in awarding competitive grants under this paragraph1 a ,state educational agency or ,state entity shall take into account the following criteria3 7i7 ,percentage of children from low-income families ,the percentage of children served by the local educational agency who are between #e to #ag years of age1 inclusive1 and who are from low-income families4 7ii7 ,need for school repair1 renovation1 and construction ,the need of a local educational agency for public school facility repair1 renovation1 and construction1 as demonstrated by a facility condition index or the local educational agency's need for new public school facilities based on enrollment or anticipated enrollment4 7iii7 ,green schools ,the extent to which a local educational agency will make use1 in the repair1 renovation1 or construction to be undertaken1 of green practices that are certified1 verified1 or consistent with any applicable provisions of-- 7,i7 the ,,leed ,green ,building ,rating ,system2 7,,ii7 ,energy ,star2 7,,iii7 the ,,chps ,criteria2 7,,iv7 the ,,ashrae ,energy ,standard for ,buildings2 or 7,v7 an equivalent program adopted by the ,state or another jurisdiction with authority over the local educational agency4 7iv7 ,fiscal capacity ,the fiscal capacity of a local educational agency to meet the needs of the local educational agency for repair1 renovation1 and construction of public school facilities without assistance under this section1 including the ability of the local educational agency to raise funds through the use of local bonding capacity and otherwise4 7v7 ,assurance of maintaining the facility ,the ability of a local educational agency to provide an assurance that the local educational agency will maintain1 in good condition1 any public school facility whose repair1 renovation1 or construction is assisted under this section4 7vi7 ,charter school equitable access to funding ,in the case of a local educational agency that proposes to fund a repair1 renovation1 or construction project for a public charter school1 the extent to which-- 7,i7 the public charter school lacks access to funding for school repair1 renovation1 and construction through the financing methods available to other public schools or local educational agencies in the ,state2 and 7,,ii7 the charter school operator owns or has care and control of the facility that is to be repaired1 renovated1 or constructed4 7,d7 ,matching requirement 7i7 ,in general ,a ,state educational agency or ,state entity shall require local educational agencies to match funds awarded under this paragraph4 7ii7 ,match amount ,a ,state educational agency may establish a sliding scale for determining the match described in clause 7i71 taking into account the relative poverty of the population served by the local educational agency4 7c7 ,rules applicable to school repair1 renovation1 and construction ,with respect to funds made available under this section that are used for school repair1 renovation1 and construction1 the following rules shall apply3 7#a7 ,permissible uses of funds ,school repair1 renovation1 and construction shall be limited to one or more of the following3 7,a7 ,upgrades1 repair1 construction1 or replacement of public elementary schools or secondary schools1 or their building systems or components1 in order to improve the quality of education and ensure the health and safety of students and staff1 including-- 7i7 repairing1 replacing1 or constructing early learning facilities at public elementary schools 7including renovation of existing facilities to serve children under #e years of age72 7ii7 repairing1 replacing1 or constructing school library facilities2 7iii7 modernizing or upgrading school classroom facilities1 including laboratories2 7iv7 repairing1 replacing1 or installing roofs1 windows1 doors1 electrical wiring1 plumbing systems1 or sewage systems2 7v7 installing classroom furniture or fixtures with at least a #aj-year life cycle2 7vi7 repairing1 replacing1 or installing heating1 ventilation1 or air conditioning systems 7including insulation72 and 7vii7 bringing such public schools into compliance with fire and safety codes4 7,b7 ,public school facility modifications necessary to render public school facilities accessible in order 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 #gid74 7,c7 ,improvements to the environmental conditions of public elementary school or secondary school sites1 including-- 7i7 asbestos abatement or removal2 7ii7 the reduction or elimination of human exposure to lead-based paint1 lead-contaminated drinking water1 mercury1 radon1 polychlorinated biphenyls1 or other toxic substances2 7iii7 the reduction or elimination of mold1 mildew1 pests1 and rodents2 and 7iv7 air quality improvement4 7,d7 ,measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution4 7,e7 ,modifications necessary to reduce the consumption of electricity1 natural gas1 oil1 water1 coal1 or land4 7,f7 ,upgrades or installations of educational technology infrastructure to ensure that students have access to up-to-date educational technology4 7,g7 ,measures that will broaden or improve the use of public elementary school or secondary school buildings and grounds by the community in order to improve educational outcomes4 7#b7 ,impermissible uses of funds ,no funds received under this section may be used for-- 7,a7 payment of maintenance costs in connection with any projects constructed in whole or part with ,federal funds provided under this section2 7,b7 purchase or upgrade of vehicles2 7,c7 improvement or construction of any stand-alone facility whose purpose is not the education of children1 including central office administration or operations or logistical support facilities2 7,d7 purchase of information technology hardware1 including computers1 monitors1 printers1 or other devices2 or 7,e7 stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public4 7#c7 ,supplement1 not supplant ,a local educational agency or ,state-operated or ,state-supported school shall use ,federal funds subject to this subsection only to supplement the amount of funds that would1 in the absence of such ,federal funds1 be made available from non-,federal sources for school repair1 renovation1 and construction4 7d7 ,qualified bidders2 competition ,each local educational agency that receives funds under subsection 7b77#b7 shall ensure that1 if the local educational agency carries out repair1 renovation1 or construction through a contract1 any such contract process ensures the maximum number of qualified bidders1 including small1 minority1 and women-owned businesses1 through full and open competition4 7e7 ,public comment ,each local educational agency receiving funds under subsection 7b77#b7 shall-- 7#a7 provide an opportunity for public comment1 and ensure that parents1 educators1 and all other interested members of the community in which the school to be assisted is located1 have the opportunity to consult on the use of the funds received under such subsection2 7#b7 provide the public with adequate and efficient notice of the opportunity described in paragraph 7#a7 in a widely read and distributed medium2 and 7#c7 provide the opportunity described in paragraph 7#a7 in accordance with any applicable ,state and local law specifying how the comments may be received and how the comments may be reviewed by any member of the public4 7f7 ,reporting 7#a7 ,local reporting ,each local educational agency that receives funds under subsection 7b77#b7 for a fiscal year shall1 for each fiscal year-- 7,a7 compile the information described in subsection 7g77#b77;,b7 with respect to the local educational agency for the preceding fiscal year2 7,b7 make the compiled information available to the public1 including by posting the information on a publicly accessible website of the local educational agency2 and 7,c7 prepare and submit to the ,state educational agency an annual report that includes-- 7i7 the compiled information described in subparagraph 7,a72 7ii7 a description of how the local educational agency used funds received under subsection 7b77#b7 for public elementary school and secondary school repair1 renovation1 and construction2 and 7iii7 any other information the ,state educational agency may require4 7#b7 ,state reporting ,each ,state educational agency that receives a grant under subsection 7a7 for a fiscal year shall1 for each such fiscal year-- 7,a7 compile the information received from the reports described in paragraph 7#a77;,c71 and the information described in subsection 7g77#b77;,b7 with respect to any ,state-operated or ,state-sponsored school receiving funds under subsection 7b77#a77;,c77v71 for the preceding fiscal year2 7,b7 make the compiled information available to the public1 including by posting the information on a publicly accessible website of the ,state educational agency2 7,c7 regularly distribute the compiled information to local educational agencies and tribal governments in the ,state2 and 7,d7 prepare and submit to the ,secretary an annual report that includes-- 7i7 the compiled information described in subparagraph 7,a72 and 7ii7 a description of how funds received under this section were made available and used for public elementary school and secondary school repair1 renovation1 and construction4 7g7 ,annual report on grant program 7#a7 ,in general ,not later than ,september #cj of each fiscal year beginning after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a report on the projects carried out with funds made available under this section4 7#b7 ,elements ,the report under paragraph 7#a7 shall include1 with respect to the fiscal year preceding the year in which the report is submitted1 the following3 7,a7 ,an identification of each local educational agency that received funds under subsection 7b77#b74 7,b7 ,with respect to each such agency1 a description of-- 7i7 the demographic composition of the student population served by the agency1 disaggregated1 by number and percentage1 by-- 7,i7 race2 7,,ii7 status as a student counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7,,iii7 eligibility for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7ii7 the population density of the geographic area served by the agency2 7iii7 the projects for which the agency used the grant received under this section2 7iv7 the demonstrable or expected benefits of the projects2 and 7v7 the estimated number of jobs created by the projects4 7,c7 ,the total dollar amount of all grants received by local educational agencies under this section4 7h7 ,reallocation ,if a ,state educational agency does not apply for an allocation of funds under subsection 7a7 for a fiscal year1 or does not use the ,state educational agency's entire allocation for such fiscal year1 then the ,secretary may reallocate the amount of the ,state educational agency's allocation 7or the remainder thereof1 as the case may be7 for such fiscal year to the remaining ,state educational agencies in accordance with such subsection4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #g1jjj1jjj1jjj for each of fiscal years #bjah through #bjbg4 ,,ii ,school infrastructure bonds #bja4 ,school infrastructure bonds 7a7 ,in general ,subpart ,j of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding after section #ed;,,aa the following new section3 #ed;,,bb4 ,school infrastructure bonds 7a7 ,in general ,if a taxpayer holds a school infrastructure bond on one or more interest payment dates of the bond during any taxable year1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection 7b7 with respect to such dates4 7b7 ,amount of credit ,the amount of the credit determined under this subsection with respect to any interest payment date for a school infrastructure bond is #ajj percent of the amount of interest payable by the issuer with respect to such date4 7c7 ,limitation ,based on ,amount of ,tax 7#a7 ,in general ,the credit allowed under subsection 7a7 for any taxable year shall not exceed the excess of-- 7,a7 the sum of the regular tax liability 7as defined in section #bf7;b77 plus the tax imposed by section #ee1 over 7,b7 the sum of the credits allowable under this part 7other than subpart ,c and this subpart74 7#b7 ,carryover of unused credit ,if the credit allowable under subsection 7a7 exceeds the limitation imposed by paragraph 7#a7 for such taxable year1 such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection 7a7 for such taxable year 7determined before the application of paragraph 7#a7 for such succeeding taxable year74 7d7 ,school infrastructure bond 7#a7 ,in general ,for purposes of this section1 the term school infrastructure bond means any bond issued as part of an issue if-- 7,a7 #ajj percent of the available project proceeds of such issue are to be used for the purposes described in section #aja7;c77#a7 of the ,school ,building ,improvement ,act of #bjag1 7,b7 the interest on such obligation would 7but for this section7 be excludable from gross income under section #ajc1 7,c7 the issue meets the requirements of paragraph 7#c71 and 7,d7 the issuer designates such bond for purposes of this section4 7#b7 ,applicable rules ,for purposes of applying paragraph 7#a7-- 7,a7 for purposes of section #adi7;b71 a school infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under subsection 7a7 or section #fdca1 7,b7 for purposes of section #adh1 the yield on a school infrastructure bond shall be determined without regard to the credit allowed under subsection 7a71 and 7,c7 a bond shall not be treated as a school infrastructure bond if the issue price has more than a de minimis amount 7determined under rules similar to the rules of section #abgc7;a77#c77 of premium over the stated principal amount of the bond4 7#c7 #f-year expenditure period 7,a7 ,in general ,an issue shall be treated as meeting the requirements of this paragraph if1 as of the date of issuance1 the issuer reasonably expects #ajj percent of the available project proceeds to be spent for purposes described in section #aja7;c77#a7 of the ,school ,building ,improvement ,act of #bjag within the #f-year period beginning on such date of issuance4 7,b7 ,failure to spend required amount of bond proceeds within #f years ,to the extent that less than #ajj percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph 7,a7 with respect to such issue1 the issuer shall redeem all of the nonqualified bonds within #ij days after the end of such period4 ,for purposes of this paragraph1 the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section #adb4 7e7 ,limitation on amount of bonds designated ,the maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection 7d7 by any issuer shall not exceed the limitation amount allocated under subsection 7g7 for such calendar year to such issuer4 7f7 ,national limitation on amount of bonds designated ,the national qualified school construction bond limitation for each calendar year is-- 7#a7 #aj1jjj1jjj1jjj for #bjah1 7#b7 #aj1jjj1jjj1jjj for #bjai1 and 7#c7 #aj1jjj1jjj1jjj for #bjbj4 7g7 ,allocation of limitation 7#a7 ,allocation among ,states ,except as otherwise provided in this subsection1 the limitation applicable under subsection 7f7 for any calendar year shall be allocated by the ,secretary among the ,states in proportion to the respective amounts received by each ,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 fiscal year ending in the preceding calendar year relative to the total such amount received by all ,states for such fiscal year4 ,the limitation amount allocated to a ,state under the preceding sentence shall be allocated by the ,state education agency 7or such other agency as is authorized under ,state law to make such allocation7 to issuers within such ,state in accordance with the criteria described in subparagraphs 7,b7 and 7,c7 of section #aja7;b77#b7 of the ,school ,building ,improvement ,act of #bjag 7as in effect on the date of the enactment of this section74 7#b7 ,state minimum ,no ,state receiving an allocation under paragraph 7#a7 for a calendar year shall receive less than #a_/b of #a percent of the total amount so allocated for such calendar year4 7#c7 ,puerto ,rico ,the amount allocated under paragraph 7#a7 to the ,commonwealth of ,puerto ,rico for any calendar year shall not exceed #a_/b of #a percent of the total amount so allocated for such calendar year4 7#d7 ,allocations to certain possessions ,from the limitation under subsection 7f7 for any calendar year1 the ,secretary shall reserve #a_/b of #a percent to be allocated to possessions of the ,united ,states other than ,puerto ,rico for such calendar year1 and no allocation shall be made to such possessions under paragraph 7#a74 ,the amount to be allocated under paragraphs 7#a71 7#b71 and 7#c7 shall be reduced by the aggregate amount allocated under this paragraph and paragraph 7#e74 7#e7 ,allocations for ,indian schools ,from the limitation under subsection 7f7 for any calendar year1 the ,secretary shall reserve #a_/b of #a percent to be allocated to the ,secretary of the ,interior for schools funded by the ,bureau of ,indian ,education for such calendar year1 and no allocation shall be made with respect to such schools under paragraph 7#a74 7h7 ,interest ,payment ,date ,for purposes of this section1 the term interest payment date means any date on which the holder of record of the school infrastructure bond is entitled to a payment of interest under such bond4 7i7 ,special ,rules 7#a7 ,interest on school infrastructure bonds includible in gross income for federal income tax purposes ,for purposes of this title1 interest on any school infrastructure bond shall be includible in gross income4 7#b7 ,application of certain rules ,rules similar to the rules of subsections 7f71 7g71 7h71 and 7i7 of section #ed;,a shall apply for purposes of the credit allowed under subsection 7a74 7#c7 ,application of certain labor standards ,notwithstanding any other provision of law1 a school infrastructure bond shall be treated as a qualified school construction bond for purposes of the application of section #afja of the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #bf ,u4,s4,c4 #ed;,c note474 4 7b7 ,clerical amendments 7#a7 ,the table of subparts for part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by amending the item related to subpart ,j to read as follows3 ,subpart ,j--,certain infrastructure bonds 4 7#b7 ,the table of sections for subpart ,j of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #ed;,,bb4 ,school infrastructure bonds4 4 7c7 ,transitional ,coordination ,with ,state ,law ,except as otherwise provided by a ,state after the date of the enactment of this ,act1 the interest on any school infrastructure bond 7as defined in section #ed;,,bb of the ,internal ,revenue ,code of #aihf1 as added by this section7 and the amount of any credit determined under such section with respect to such bond shall be treated for purposes of the income tax laws of such ,state as being exempt from ,federal income tax4 7d7 ,credit for qualified bonds allowed to issuer ,paragraph 7#c7 of section #fdca7;f7 of the ,internal ,revenue ,code of #aihf is amended by inserting any school infrastructure bond 7as defined in section #ed;,,bb7 or before any qualified tax credit bond4 7e7 ,sequestration ,subparagraph 7,a7 of section #bee7;g77#a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is amended by adding before ,postal ,service ,fund the following3 ,payments under section #ed;,,bb of the ,internal ,revenue ,code of #aihf44 7f7 ,effective ,date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjag4 #bjb4 ,expansion of qualified zone academy bonds 7a7 ,construction of a public school facility ,subparagraph 7,a7 of section #ed;,e7d77#c7 of the ,internal ,revenue ,code of #aihf is amended by striking rehabilitating or repairing and inserting constructing1 rehabilitating1 retrofitting1 or repairing4 7b7 ,removal of private business contribution requirement ,section #ed;,e of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,a71 by inserting and at the end2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#b7 by striking subsection 7b7 and redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively2 and 7#c7 in paragraph 7#a7 of subsection 7b7 7as so redesignated7-- 7,a7 by striking and #djj1jjj1jjjj and inserting #djj1jjj1jjj2 and 7,b7 by striking and1 except as provided and all that follows through the period at the end and inserting 1 and #a1djj1jjj1jjj for #bjah and each year thereafter44 7c7 ,effective date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjag4 #bjc4 ,annual report on bond program 7a7 ,in general ,not later than ,september #cj of each fiscal year beginning after the date of the enactment of this ,act1 the ,secretary shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a report on the school infrastructure bond program4 7b7 ,elements ,the report under subsection 7a7 shall include1 with respect to the fiscal year preceding the year in which the report is submitted1 the following3 7#a7 ,an identification of-- 7,a7 each local educational agency that received funds from a school infrastructure bond2 and 7,b7 each local educational agency that was eligible to receive such funds-- 7i7 but did not receive such funds2 or 7ii7 received less than the maximum amount of funds for which the agency was eligible4 7#b7 ,with respect to each local educational agency described in paragraph 7#a7-- 7,a7 an assessment of the capacity of the agency to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of-- 7i7 the current and historic ability of the agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools1 including the ability of the agency to raise funds through imposition of property taxes2 7ii7 whether the agency has been able to issue bonds to fund construction projects1 including such bonds as-- 7,i7 qualified school construction bonds under section #ed;,f of the ,internal ,revenue ,code of #aihf2 7,,ii7 qualified zone academy bonds under section #acig;,e of the ,internal ,revenue ,code of #aihf2 and 7,,iii7 school infrastructure bonds2 and 7iii7 the bond rating of the agency2 7,b7 the demographic composition of the student population served by the agency1 disaggregated1 by number and percentage1 by-- 7i7 race2 7ii7 status as a student counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 eligibility for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,c7 the population density of the geographic area served by the agency2 7,d7 a description of the projects carried out with funds received from school infrastructure bonds2 7,e7 a description of the demonstrable or expected benefits of the projects2 and 7,f7 the estimated number of jobs created by the projects4 7#c7 ,the total dollar amount of all funds received by local educational agencies from school infrastructure bonds4 7#d7 ,any other factors that the ,secretary determines to be appropriate4 7c7 ,information collection ,a ,state or local educational agency that receives funds from a school infrastructure bond shall-- 7#a7 annually compile the information necessary for the ,secretary to determine the elements described in subsection 7b72 and 7#b7 report the information to the ,secretary at such time and in such manner as the ,secretary may require4 ,,iii ,general provisions #cja4 ,use of ,american iron1 steel1 and manufactured products 7a7 ,in general ,a local educational agency that receives covered funds shall ensure that any iron1 steel1 and manufactured products used in projects carried out with such funds are produced in the ,united ,states4 7b7 ,waiver authority 7#a7 ,in general ,the ,secretary may waive the requirement of subsection 7a7 if the ,secretary determines that-- 7,a7 applying subsection 7a7 would be inconsistent with the public interest2 7,b7 iron1 steel1 and manufactured products produced in the ,united ,states are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality2 or 7,c7 using iron1 steel1 and manufactured products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7#b7 ,publication ,before issuing a waiver under paragraph 7#a71 the ,secretary shall publish in the ,federal ,register a detailed written explanation of the waiver determination4 7c7 ,consistency with international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 7d7 ,definitions ,in this section3 7#a7 ,produced in the ,united ,states 7,a7 ,in general ,the term produced in the ,united ,states means the following3 7i7 ,when used with respect to a manufactured product1 the product was manufactured in the ,united ,states and the cost of the components of such product that were mined1 produced1 or manufactured in the ,united ,states exceeds #fj percent of the total cost of all components of the product4 7ii7 ,when used with respect to iron or steel products1 or an individual component of a manufactured product1 all manufacturing processes for such iron or steel products or components1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states4 7,b7 ,exclusions ,the term produced in the ,united ,states does not include the following3 7i7 ,steel or iron material or products manufactured abroad from semi-finished steel or iron from the ,united ,states4 7ii7 ,iron material or products manufactured in the ,united ,states from semi-finished steel or iron of foreign origin4 7#b7 ,manufactured product ,the term manufactured product means any construction material or end product 7as such terms are defined in part #be4jjc of the ,federal ,acquisition ,regulation7 that is not an iron or steel product1 including-- 7,a7 electrical components2 and 7,b7 nonferrous building materials1 including aluminum and polyvinylchloride 7,,pvc71 glass1 fiber optics1 plastic1 wood1 masonry1 rubber1 manufactured stone1 any other nonferrous metal1 and any unmanufactured construction material4 #cjb4 ,comptroller ,general report 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives a report on the projects carried out with covered funds4 7b7 ,elements ,the report under subsection 7a7 shall include an assessment of-- 7#a7 the types of projects carried out with covered funds2 7#b7 the geographic distribution of the projects2 7#c7 an assessment of the impact of the projects on the health and safety of school staff and students2 and 7#d7 how the ,secretary or ,states could make covered funds more accessible-- 7,a7 to public elementary or secondary schools with the highest numbers and percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7,b7 to public elementary or secondary schools with fiscal challenges in raising capital for school infrastructure projects4 7c7 ,updates ,the ,comptroller ,general shall update and resubmit the report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives-- 7#a7 on a date that is between #e and #f years after the date of enactment of this ,act2 and 7#b7 on a date that is between #aj and #aa years after such date of enactment4 #cjc4 ,studies and reports on the physical condition of public schools 7a7 ,studies and reports ,not less frequently than once in each #e-year period beginning after the date of enactment of this ,act1 the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall-- 7#a7 carry out a comprehensive study of the physical conditions of public elementary schools and secondary schools in the ,united ,states1 including such schools that received covered funds and such schools that did not receive covered funds2 and 7#b7 prepare and submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives that includes the results of the study4 7b7 ,elements ,each study and report under subsection 7a7 shall include an assessment of-- 7#a7 the effect of public school facility conditions on student and staff health and safety2 7#b7 the effect of public school facility conditions on student academic outcomes2 7#c7 the condition of public school facilities1 set forth separately by geographic region2 7#d7 the condition of public school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups2 and 7#e7 the accessibility of public school facilities for students1 and staff1 with disabilities4 #cjd4 ,development of data standards 7a7 ,data standards ,not later than #abj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the officials described in subsection 7b71 shall-- 7#a7 identify the data that ,states should collect and include in the databases developed under section #aja7;b77#a77;,b77ii72 7#b7 develop standards for the measurement of such data2 and 7#c7 issue guidance to ,states concerning the collection and measurement of such data4 7b7 ,officials ,the officials described in this subsection are-- 7#a7 the ,administrator of the ,environmental ,protection ,agency2 7#b7 the ,secretary of ,energy2 7#c7 the ,director of the ,centers for ,disease ,control and ,prevention2 and 7#d7 the ,director of the ,national ,institute for ,occupational ,safety and ,health4 #cje4 ,information clearinghouse 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall establish a clearinghouse to disseminate information on ,federal programs and financing mechanisms that may be used to assist public elementary schools and secondary schools in initiating1 developing1 and financing-- 7#a7 energy efficiency projects2 7#b7 distributed generation projects2 and 7#c7 energy retrofitting projects4 7b7 ,elements ,in carrying out subsection 7a71 the ,secretary shall-- 7#a7 consult with the officials described in section #cjd7;b7 to develop a list of ,federal programs and financing mechanisms to be included in the clearinghouse2 and 7#b7 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 clearinghouse1 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 ,states1 local educational agencies1 and schools to effectively access and use such ,federal programs and financing mechanisms4 ,,iv ,impact aid construction #dja4 ,temporary increase in funding for impact aid construction ,section #gjad7;d7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggad7;d77 is amended to read as follows3 7d7 ,construction4--,for the purpose of carrying out section #gjjg1 there are authorized to be appropriated-- 7#a7 #ag1djf1jjj for fiscal year #bjag2 7#b7 #ej1djf1jjj for each of fiscal years #bjah and #bjai2 and 7#c7 #eb1gef1gfe for fiscal year #bjbj4 4