,,ii #aafth ,,congress #ast ,session ,s4 #bff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bi1 #bjai,mr4 ,reed 7for himself1 ,mr4 ,brown1 ,mr4 ,whitehouse1 ,mr4 ,casey1 ,mr4 ,cardin1 ,ms4 ,duckworth1 ,mr4 ,merkley1 ,ms4 ,harris1 ,ms4 ,warren1 ,ms4 ,cortez ,masto1 ,ms4 ,hirono1 ,ms4 ,hassan1 ,mrs4 ,gillibrand1 ,mr4 ,van ,hollen1 ,ms4 ,rosen1 ,mr4 ,blumenthal1 ,mr4 ,sanders1 ,ms4 ,klobuchar1 and ,mr4 ,jones7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide for the long-term improvement of public school facilities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,rebuild ,america's ,schools ,act of #bjai4 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 the long-term improvement of public school facilities,sec4 #aja4 ,purpose and reservation4,sec4 #ajb4 ,allocation to ,states4,sec4 #ajc4 ,need-based grants to qualified local educational agencies4,sec4 #ajd4 ,annual report on grant program4,sec4 #aje4 ,authorization of ,appropriations4,title ,,ii--,school infrastructure bonds,sec4 #bja4 ,restoration of certain qualified tax credit bonds4,sec4 #bjb4 ,school infrastructure bonds4,sec4 #bjc4 ,annual report on bond program4,title ,,iii--,general provisions,sec4 #cja4 ,allowable uses of funds4,sec4 #cjb4 ,prohibited uses4,sec4 #cjc4 ,green ,practices4,sec4 #cjd4 ,use of ,american iron1 steel1 and manufactured products4,sec4 #cje4 ,comptroller general report4,sec4 #cjf4 ,study and report physical condition of public schools4,sec4 #cjg4 ,development of data standards4,sec4 #cjh4 ,information clearinghouse4,title ,,iv--,impact aid construction,sec4 #dja4 ,temporary increase in funding for impact aid construction4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate4 7#b7 ,bureau-funded school ,the term ,bureau-funded school has the meaning given that term in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba74 7#c7 ,covered funds ,the term covered funds means funds received-- 7,a7 under title ,i of this ,act2 7,b7 from a school infrastructure bond2 or 7,c7 from a qualified zone academy bond 7as such term is defined in section #ed;,e of the ,internal ,revenue ,code of #aihf 7as restored by section #bja774 7#d7 ,,esea ,terms ,the terms elementary school1 outlying area1 and secondary school have the meanings given those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#e7 ,local educational agency ,the term local educational agency has the meaning given that term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7 except that such term does not include a ,bureau-funded school4 7#f7 ,public school facilities ,the term public school facilities means the facilities of a public elementary school or a public secondary school4 7#g7 ,qualified local educational agency ,the term qualified local educational agency means a local educational agency that receives funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq474 7#h7 ,school infrastructure bond ,the term school infrastructure bond has the meaning given such term in section #ed;,,bb of the ,internal ,revenue ,code of #aihf 7as added by section #bjb74 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#aj7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 ,i ,grants for the long-term improvement of public school facilities #aja4 ,purpose and reservation 7a7 ,purpose ,funds made available under this title shall be for the purpose of supporting long-term improvements to public school facilities in accordance with this ,act4 7b7 ,reservation for outlying areas and bureau-,funded schools 7#a7 ,in general ,for each of fiscal years #bjbj through #bjbi1 the ,secretary shall reserve1 from the amount appropriated to carry out this title-- 7,a7 one-half of #a percent1 to provide assistance to the outlying areas2 and 7,b7 one-half of #a percent1 for payments to the ,secretary of the ,interior to provide assistance to ,bureau-funded schools4 7#b7 ,use of reserved funds 7,a7 ,in general ,funds reserved under paragraph 7#a7 shall be used in accordance with sections #cja through #cjd4 7,b7 ,special rules for ,bureau-funded schools 7i7 ,applicability ,sections #cja through #cjd shall apply to a ,bureau-funded school that receives assistance under paragraph 7#a77;,b7 in the same manner that such sections apply to a qualified local educational agency that receives covered funds4 ,the facilities of a ,bureau-funded school shall be treated as public school facilities for purposes of the application of such sections4 7ii7 ,treatment of tribally operated schools ,the ,secretary of the ,interior shall provide assistance to ,bureau-funded schools under paragraph 7#a77;,b7 without regard to whether such schools are operated by the ,bureau of ,indian ,education or by an ,indian ,tribe4 ,in the case of a ,bureau-funded school that is a contract or grant school 7as that term is defined in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba77 operated by an ,indian ,tribe1 the ,secretary of the ,interior shall provide assistance under such paragraph to the ,indian ,tribe concerned4 #ajb4 ,allocation to ,states 7a7 ,allocation to states 7#a7 ,state-by-state allocation ,of the amount appropriated to carry out this title for each fiscal year and not reserved under section #aja7;b71 each ,state that has a plan approved by the ,secretary under subsection 7b7 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 such amount received by all local educational agencies in every ,state that has a plan approved by the ,secretary under subsection 7b74 7#b7 ,state reservation ,a ,state may reserve not more than #a percent of its allocation under paragraph 7#a7 to carry out its responsibilities under this ,act1 which shall include-- 7,a7 providing technical assistance to local educational agencies1 including by-- 7i7 identifying which ,state agencies have programs1 resources1 and expertise relevant to the activities supported by the allocation under this section2 and 7ii7 coordinating the provision of technical assistance across such agencies2 7,b7 in accordance with the guidance issued by the ,secretary under section #cjg1 developing an online1 publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the ,state 7including the facilities of ,bureau-funded schools1 as appropriate71 including1 with respect to each such facility1 an identification of-- 7i7 the information described in clauses 7i7 through 7vi7 of subparagraph 7,f72 7ii7 the age 7including an identification of the date of any retrofits or recent renovations7 of-- 7,i7 the facility2 7,,ii7 its roof2 7,,iii7 its lighting system2 7,,iv7 its windows2 7,v7 its ceilings2 7,,vi7 its plumbing2 and 7,,vii7 its heating1 ventilation1 and air conditioning system2 7iii7 fire safety inspection results2 and 7iv7 the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters1 including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted2 7,c7 updating the database developed under subparagraph 7,b7 not less frequently than once every #b years2 7,d7 ensuring that the information in the database developed under subparagraph 7,b7-- 7i7 is posted on a publicly accessible ,state website2 and 7ii7 is regularly distributed to local educational agencies and ,tribal governments in the ,state2 7,e7 issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects2 and 7,f7 issuing or reviewing regulations to ensure safe1 healthy1 and high-performing school buildings1 including regulations governing-- 7i7 indoor air quality and ventilation1 including exposure to carbon monoxide and carbon dioxide2 7ii7 mold1 mildew1 and moisture control2 7iii7 the safety of drinking water at the tap and water used for meal preparation1 including regulations that-- 7,i7 address the presence of lead and other contaminants in such water2 and 7,,ii7 require the regular testing of the potability of water at the tap2 7iv7 energy and water efficiency2 7v7 excessive classroom noise due to activities allowable under section #cja2 and 7vi7 the levels of maintenance work1 operational spending1 and capital investment needed to maintain the quality of public school facilities2 and 7,g7 creating a plan to reduce or eliminate exposure to toxins and chemicals1 including mercury1 radon1 ,p,c,bs1 lead1 vapor intrusions1 and asbestos4 7b7 ,state plan 7#a7 ,in general ,to be eligible to receive an allocation under this section1 a ,state shall submit to the ,secretary a plan that-- 7,a7 describes how the ,state will use the allocation to make long-term improvements to public school facilities2 7,b7 explains how the ,state will carry out each of its responsibilities under subsection 7a77#b72 7,c7 explains how the ,state will make the determinations under subsections 7b7 and 7c7 of section #ajc2 7,d7 identifies how long1 and at what levels1 the ,state will maintain fiscal effort for the activities supported by the allocation after the ,state no longer receives the allocation2 and 7,e7 includes such other information as the ,secretary may require4 7#b7 ,approval and disapproval ,the ,secretary shall have the authority to approve or disapprove a ,state plan submitted under paragraph 7#a74 7c7 ,conditions ,as a condition of receiving an allocation under this section1 a ,state shall agree to the following3 7#a7 ,matching requirement ,the ,state shall contribute1 from non-,federal sources1 an amount equal to #aj percent of the amount of the allocation received under this section to carry out the activities supported by the allocation4 7#b7 ,maintenance of effort ,the ,state shall provide an assurance to the ,secretary that the combined fiscal effort per student or the aggregate expenditures of the ,state with respect to the activities supported by the allocation under this section for fiscal years beginning with the fiscal year for which the allocation is received will be not less than #ij percent of the combined fiscal effort or aggregate expenditures by the ,state for such purposes for the year preceding the fiscal year for which the allocation is received4 7#c7 ,supplement not supplant ,the ,state shall use an allocation under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in absence of such allocation1 be made available for the activities supported by the allocation1 and not to supplant such funds4 #ajc4 ,need-based grants to qualified local educational agencies 7a7 ,grants to local educational agencies 7#a7 ,in general ,subject to paragraph 7#b71 from the amounts allocated to a ,state under section #ajb7;a7 and contributed by the ,state under section #ajb7;c77#a71 the ,state shall award grants to qualified local educational agencies1 on a competitive basis1 to carry out the activities described in section #cja7;a74 7#b7 ,allowance for digital learning ,a ,state may use up to #aj percent of the amount described in paragraph 7#a7 to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section #cja7;b74 7b7 ,eligibility 7#a7 ,in general ,to be eligible to receive a grant under this section a qualified local educational agency-- 7,a7 shall be among the local educational agencies in the ,state with the highest numbers or percentages of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 7,b7 shall agree to prioritize the improvement of the facilities of public schools that serve the highest percentages of students who 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 seq47 7which1 in the case of a high school1 may be calculated using comparable data from the schools that feed into the high school71 as compared to other public schools in the jurisdiction of the agency2 and 7,c7 may be among the local educational agencies in the ,state-- 7i7 with the greatest need to improve public school facilities1 as determined by the ,state1 which may include consideration of threats posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters2 and 7ii7 with the most limited capacity to raise funds for the long-term improvement of public school facilities1 as determined by an assessment of-- 7,i7 the current and historic ability of the agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,,ii7 whether the agency has been able to issue bonds or receive other funds to support school construction projects1 and 7,,iii7 the bond rating of the agency4 7#b7 ,geographic distribution ,the ,state shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the ,state4 7c7 ,priority of grants ,in awarding grants under this section1 the ,state-- 7#a7 shall give priority to qualified local educational agencies that-- 7,a7 demonstrate the greatest need for such a grant1 as determined by a comparison of the factors described in subsection 7b72 7,b7 will use the grant to improve the facilities of-- 7i7 elementary schools or middle schools that have an enrollment of students who 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 seq47 that constitutes not less than #dj percent of the total student enrollment at such schools2 or 7ii7 high schools that have an enrollment of students who are eligible for a free or reduced price lunch under such ,act that constitutes not less than #cj percent of the total student enrollment at such schools 7which may be calculated using comparable data from the schools that feed into the high school72 and 7,c7 operate public school facilities that pose a severe health and safety threat to students and staff1 which may include a threat posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters2 and 7#b7 may give priority to qualified local educational agencies that-- 7,a7 will use the grant to improve access to high-speed broadband sufficient to support digital learning accordance with section #cja7;b72 7,b7 serve elementary schools or secondary schools1 including rural schools1 that lack such access2 and 7,c7 meet one or more of the requirements set forth in subparagraphs 7,a7 through 7,c7 of paragraph 7#a74 7d7 ,application ,to be considered for a grant under this section1 a qualified local educational agency shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may require4 ,such application shall include1 at minimum-- 7#a7 the information necessary for the ,state to make the determinations under subsections 7b7 and 7c72 7#b7 a description of the projects that the agency plans to carry out with the grant2 7#c7 an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency2 and 7#d7 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,a7 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,b7 the charter school operator owns or has care and control of the facility that is to be repaired1 renovated1 or constructed4 7e7 ,facilities master plan 7#a7 ,plan required ,not later than #ahj days after receiving a grant under this section1 a qualified local educational agency shall submit to the ,state a comprehensive #aj-year facilities master plan4 7#b7 ,elements ,the facilities master plan required under paragraph 7#a7 shall include1 with respect to all public school facilities of the qualified local educational agency1 a description of-- 7,a7 the extent to which public school facilities meet students' educational needs and support the agency's educational mission and vision2 7,b7 the physical condition of the public school facilities2 7,c7 the current health1 safety1 and environmental conditions of the public school facilities1 including-- 7i7 indoor air quality2 7ii7 the presence of hazardous and toxic substances and chemicals2 7iii7 the safety of drinking water at the tap and water used for meal preparation1 including the level of lead and other contaminants in such water2 7iv7 energy and water efficiency2 7v7 excessive classroom noise2 and 7vi7 other health1 safety1 and environmental conditions that would impact the health1 safety1 and learning ability of students2 7,d7 how the local educational agency will address any conditions identified under subparagraph 7,c72 7,e7 the impact of current and future student enrollment levels 7as of the date of application7 on the design of current and future public school facilities1 as well as the financial implications of such enrollment levels2 7,f7 the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities1 including-- 7i7 any funds in the budget of the agency that will be dedicated to such projects2 and 7ii7 any funds not in the budget of the agency that will be dedicated to such projects1 including any funds available to the agency as the result of a bond issue2 and 7,g7 the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities1 including-- 7i7 any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities2 and 7ii7 any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities4 7#c7 ,consultation ,in developing the facilities master plan required under paragraph 7#a71 the qualified local educational agency shall consult with teachers1 principals and other school leaders1 custodial and maintenance staff1 emergency first responders1 school facilities directors1 students and families1 community residents1 and ,indian ,tribes4 7f7 ,supplement not supplant ,a qualified local educational agency shall use a grant received under this section only to supplement the level of ,federal1 ,state1 and local public funds that would1 in the absence of such grant1 be made available for the activities supported by the grant1 and not to supplant such funds4 #ajd4 ,annual report on grant 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 submit to the appropriate congressional committees a report on the projects carried out with funds made available under this title4 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 each local educational agency that received a grant under this title4 7#b7 ,with respect to each such agency1 a description of-- 7,a7 the demographic composition of the student population served by the agency1 disaggregated by-- 7i7 race2 7ii7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 the number and percentage of students who 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 the population density of the geographic area served by the agency2 7,c7 the projects for which the agency used the grant received under this title2 7,d7 the demonstrable or expected benefits of the projects2 and 7,e7 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 title4 7c7 ,,lea information collection ,a local educational agency that receives a grant under this title shall-- 7#a7 annually compile the information described in subsection 7b77#b72 7#b7 make the information available to the public1 including by posting the information on a publicly accessible agency website2 and 7#c7 submit the information to the ,state4 7d7 ,state information distribution ,a ,state that receives information from a local educational agency under subsection 7c7 shall-- 7#a7 compile the information and report it annually to the ,secretary at such time and in such manner as the ,secretary may require2 7#b7 make the information available to the public1 including by posting the information on a publicly accessible ,state website2 and 7#c7 regularly distribute the information to local educational agencies and ,tribal governments in the ,state4 #aje4 ,authorization of ,appropriations ,there are authorized to be appropriated #g1jjj1jjj1jjj for each of fiscal years #bjbj through #bjbi to carry out this title4 ,,ii ,school infrastructure bonds #bja4 ,restoration of certain qualified tax credit bonds 7a7 ,allowance of credit 7#a7 ,in general ,section #ed;,a of the ,internal ,revenue ,code of #aihf1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,credit limited to certain bonds ,section #ed;,a7d77#a7 of such ,code1 as restored by paragraph 7#a71 is amended by striking subparagraphs 7,a71 7,b71 and 7,c74 7b7 ,credit allowed to issuer 7#a7 ,in general ,section #fdca of the ,internal ,revenue ,code of #aihf1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,school infrastructure bonds ,section #fdca7;f77#c7 of such ,code1 as restored by paragraph 7#a71 is amended by inserting any school infrastructure bond 7as defined in section #ed;,,bb7 or before any qualified tax credit bond4 7c7 ,qualified zone academy bonds 7#a7 ,in general ,section #ed;,e of the ,internal ,revenue ,code of #aihf1 as in effect before repeal by ,public ,law #aae-ig1 is restored as if such repeal had not taken effect4 7#b7 ,removal of private business contribution requirement ,section #ed;,e of the ,internal ,revenue ,code of #aihf1 as restored by paragraph 7#a71 is amended-- 7,a7 in subsection 7a77#c71 by inserting and at the end of subparagraph 7,a71 by striking subparagraph 7,b71 and by redesignating subparagraph 7,c7 as subparagraph 7,b72 7,b7 by striking subsection 7b72 and 7,c7 in subsection 7c77#a7-- 7i7 by striking and #djj1jjj1jjjj and inserting #djj1jjj1jjj2 and 7ii7 by striking and1 except as provided and all that follows through the period at the end and inserting 1 and #a1djj1jjj1jjj for #bjbj and each year thereafter44 7#c7 ,construction of a public school facility ,section #ed;,e7d77#c77;,a7 of the ,internal ,revenue ,code of #aihf1 as restored by paragraph 7#a71 is amended by striking rehabilitating or repairing and inserting constructing1 rehabilitating1 retrofitting1 or repairing4 7d7 ,effective date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjai4 #bjb4 ,school infrastructure bonds 7a7 ,in general ,the ,internal ,revenue ,code of #aihf is amended by inserting after subpart ,i 7as restored by section #bja7 of part ,,iv of subchapter ,a of chapter #a the following new subpart3 ,j ,school infrastructure bonds ,sec4 #ed;,,bb4 ,school infrastructure bonds4 #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 #cja of the ,rebuild ,america's ,schools ,act of #bjai1 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 section #fdca7;a71 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 #cja of the ,rebuild ,america's ,schools ,act of #bjai 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 infrastructure bond limitation for each calendar year is-- 7#a7 #aj1jjj1jjj1jjj for #bjbj1 7#b7 #aj1jjj1jjj1jjj for #bjba1 and 7#c7 #aj1jjj1jjj1jjj for #bjbb4 7g7 ,allocation of limitation 7#a7 ,allocations 7,a7 ,states ,after application of subparagraph 7,b7 and paragraph 7#c77;,a71 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 all local educational agencies in 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 previous fiscal year relative to the total such amount received by all local educational agencies in for the most recent fiscal year ending before such calendar year4 7,b7 ,certain possessions ,one-half of #a percent of the amount of the limitation applicable under subsection 7f7 for any calendar year shall be allocated by the ,secretary to possessions of the ,united ,states other than ,puerto ,rico for such calendar year shall be one-half of #a percent4 7#b7 ,allocations to schools ,the limitation amount allocated to a ,state or possession under paragraph 7#a7 shall be allocated by the ,state educational agency 7or such other agency as is authorized under ,state law to make such allocation7 to issuers within such ,state or possession in accordance with the priorities described in section #ajc7;c7 the of the ,rebuild ,america's ,schools ,act of #bjai and the eligibility requirements described in section #ajc7;b7 of such ,act1 except that paragraph 7#a77;,c7 of such section shall not apply to the determination of eligibility for such allocation4 7#c7 ,allocations for ,indian schools 7,a7 ,in general ,one-half of #a percent of the amount of the limitation applicable under subsection 7f7 for any calendar year shall be allocated by the ,secretary to the ,secretary of the ,interior for schools funded by the ,bureau of ,indian ,affairs for such calendar year4 7,b7 ,allocation to schools ,the limitation amount allocated to the ,secretary of the ,interior under paragraph 7#a7 shall be allocated by such ,secretary to issuers or schools funded as described in paragraph 7#b74 ,in the case of amounts allocated under the preceding sentence1 ,indian tribal governments 7as defined in section #ggja7;a77#dj77 shall be treated as qualified issuers for purposes of this subchapter4 7#d7 ,digital learning ,up to #aj percent of the limitation amount allocated under paragraph 7#a7 or 7#c77;,a7 may be allocated by the ,state to issuers within such ,state to carry out activities to improve digital learning in accordance with section #cja7;b7 of the ,rebuild ,america's ,schools ,act of #bjai4 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 4 7b7 ,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 7c7 ,application of certain labor standards to projects financed with certain tax-,favored bonds 7#a7 ,in general ,subchapter ,,iv of chapter #ca of the title #dj1 ,united ,states ,code1 shall apply to projects financed with the proceeds of-- 7,a7 any school infrastructure bond 7as defined in section #ed;,,bb of the ,internal ,revenue ,code of #aihf72 and 7,b7 any qualified zone academy bond 7as defined in section #ed;,e of the ,internal ,revenue ,code of #aihf7 issued after the date of the enactment of the ,american ,recovery and ,reinvestment ,tax ,act of #bjji4 7#b7 ,conforming amendment ,section #afja of the ,american ,recovery and ,reinvestment ,tax ,act of #bjji is amended by striking paragraph 7#c7 and redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively4 7d7 ,clerical amendments ,the table of subparts for part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following3 ,subpart ,j--,school infrastructure bonds 4 7e7 ,effective ,date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjai4 #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 of the ,treasury shall submit to the appropriate congressional committees a report on the school infrastructure bond program4 7b7 ,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-- 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-- 7,i7 qualified zone academy bonds under section #ed;,e of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 school infrastructure bonds under section #ed;,,bb of the ,internal ,revenue ,code of #aihf2 and 7iii7 the bond rating of the agency2 7,b7 the demographic composition of the student population served by the agency1 disaggregated by-- 7i7 race2 7ii7 the number and percentage of students counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7iii7 the number and percentage of students who 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,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 of the ,treasury 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 of the ,treasury to determine the elements described in subsection 7b72 and 7#b7 report the information to the ,secretary of the ,treasury at such time and in such manner as the ,secretary of the ,treasury may require4 ,,iii ,general provisions #cja4 ,allowable uses of funds 7a7 ,in general ,except as provided in section #cjb1 a local educational agency that receives covered funds may use such funds to-- 7#a7 develop the facilities master plan required under section #ajc7;e72 7#b7 construct1 modernize1 renovate1 or retrofit public school facilities1 which may include seismic retrofitting for schools vulnerable to seismic natural disasters2 7#c7 carry out major repairs of public school facilities2 7#d7 install furniture or fixtures with at least a #aj-year life in public school facilities2 7#e7 construct new public school facilities2 7#f7 acquire and prepare sites on which new public school facilities will be constructed2 7#g7 extend the life of basic systems and components of public school facilities2 7#h7 reduce current or anticipated overcrowding in public school facilities2 7#i7 ensure the building envelopes of public school facilities protect occupants and interiors from the elements and are structurally sounds and secure2 7#aj7 improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities2 7#aa7 improve indoor air quality in public school facilities2 7#ab7 reduce or eliminate the presence of-- 7,a7 toxins and chemicals1 including mercury1 radon1 ,p,c,bs1 lead1 and asbestos2 7,b7 mold and mildew2 or 7,c7 rodents and pests2 7#ac7 ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities1 which may include testing of the potability of water at the tap for the presence of lead and other contaminants2 7#ad7 bring public school facilities into compliance with applicable fire1 health1 and safety codes2 7#ae7 make public school facilities accessible to people with disabilities through compliance 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#af7 provide instructional program space improvements for programs relating to early learning 7including early learning programs operated by partners of the agency71 special education1 science1 technology1 career and technical education1 physical education1 the arts1 and literacy 7including library programs72 7#ag7 increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic1 health1 and social services2 7#ah7 ensure the health of students and staff during the construction or modernization of public school facilities2 or 7#ai7 reduce or eliminate excessive classroom noise due to activities allowable under this section4 7b7 ,allowance for digital learning ,a local educational agency may use funds received under section #ajc7;a77#b7 or proceeds from a school infrastructure bond limitation allocated under section #ed;,,bb7g7 of the ,internal ,revenue ,code of #aihf 7as added by section #bjb7 to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning4 #cjb4 ,prohibited uses ,a local educational agency that receives covered funds may not use such funds for-- 7#a7 payment of routine and predictable maintenance costs and minor repairs2 7#b7 any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public2 7#c7 vehicles2 or 7#d7 central offices1 operation centers1 or other facilities that are not primarily used to educate students4 #cjc4 ,green ,practices 7a7 ,in general ,in a given fiscal year1 a local educational agency that uses covered funds for a new construction project or renovation project shall use not less than the applicable percentage 7as described in subsection 7b77 of the funds used for such project for construction or renovation that is certified1 verified1 or consistent with the applicable provisions of-- 7#a7 the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design green building rating standard 7commonly known as the ,,leed ,green ,building ,rating ,system72 7#b7 the ,living ,building ,challenge developed by the ,international ,living ,future ,institute2 7#c7 a green building rating program developed by the ,collaborative for ,high-,performance ,schools 7commonly known as ,,chps7 that is ,,chps-verified2 or 7#d7 a program that-- 7,a7 has standards that are equivalent to or more stringent than the standards of a program described in paragraphs 7#a7 through 7#c72 7,b7 is adopted by the ,state or another jurisdiction with authority over the agency2 and 7,c7 includes a verifiable method to demonstrate compliance with such program4 7b7 ,applicable percentage ,the applicable percentage described in this subsection is-- 7#a7 for fiscal year #bjbj1 #fj percent2 7#b7 for fiscal year #bjba1 #gj percent2 7#c7 for fiscal year #bjbb2 #hj percent2 7#d7 for fiscal year #bjbc1 #ij percent2 and 7#e7 for each of fiscal years #bjbd through #bjbi1 #ajj percent4 #cjd4 ,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 ,the term produced in the ,united ,states means the following3 7,a7 ,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 7,b7 ,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 ,states1 except that the term does not include-- 7i7 steel or iron material or products manufactured abroad from semi-finished steel or iron from the ,united ,states2 and 7ii7 steel or 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 non-ferrous building materials1 including1 aluminum and polyvinylchloride 7,,pvc71 glass1 fiber optics1 plastic1 wood1 masonry1 rubber1 manufactured stone1 any other non-ferrous metals1 and any unmanufactured construction material4 #cje4 ,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 submit to the appropriate congressional committees 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 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 schools with fiscal challenges in raising capital for school infrastructure projects4 7c7 ,updates ,the ,comptroller ,general shall update and resubmit the report to the appropriate congressional committees-- 7#a7 on a date that is between #e and #f years after the date of the enactment of this ,act2 and 7#b7 on a date that is between #aj and #aa years after such date of enactment4 #cjf4 ,study and report physical condition of public schools 7a7 ,study and report ,not less frequently than once in each #e-year period beginning after the date of the 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 all public schools in the ,united ,states2 and 7#b7 submit a report to the appropriate congressional committees that includes that results of the study4 7b7 ,elements ,each study and report under subsection 7a7 shall include an assessment of-- 7#a7 the effect of school facility conditions on student and staff health and safety2 7#b7 the effect of school facility conditions on student academic outcomes2 7#c7 the condition of school facilities1 set forth separately by geographic region2 7#d7 the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups2 7#e7 the accessibility of school facilities for students and staff with disabilities2 and 7#f7 an explanation of any differences observed with respect to the factors described in paragraphs 7#a7 through 7#e7 between local educational agencies that received covered funds and agencies that did not receive such funds4 #cjg4 ,development of data standards 7a7 ,data standards ,not later than #abj days after the date of the 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 #ajb7;a77#b77;,b72 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 #cjh4 ,information clearinghouse 7a7 ,in general ,not later than #abj days after the date of the 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 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 #cjg7;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 ,construction ,for the purpose of carrying out section #gjjg1 there are authorized to be appropriated-- 7#a7 #ah1gef1gfe for fiscal year #bjbj2 7#b7 #ej1djf1jjj for each of fiscal years #bjba and #bjbb2 and 7#c7 #eb1gef1gfe for fiscal year #bjbc4 4