,,ii  #aahth ,,congress  #ast ,session  
,s4 #bhjh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #ad1
 #bjbc,ms4 ,hirono 7for herself1 ,ms4   
,baldwin1 ,mr4 ,blumenthal1 ,mr4        
,durbin1 ,mrs4 ,feinstein1 ,mrs4        
,gillibrand1 ,mr4 ,heinrich1 ,ms4       
,klobuchar1 ,mr4 ,lujn1 ,mr4 ,padilla1  
and ,ms4 ,smith7 introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to provide ,federal-local      
community partnership construction      
funding to local educational agencies   
eligible to receive payments under the  
,impact ,aid program4  #a4 ,short title 
,this ,act may be cited as the ,impact  
,aid ,infrastructure ,partnership ,act4 
#b4 ,findings and purpose  7a7 ,findings
 ,congress finds the following3 7#a7 ,a 
significant percentage of federally     
impacted local educational agencies     
serve schools with facilities that fall 
far short of meeting basic life-safety  

standards that ensure a safe learning   
environment for students and staff      
alike4  7#b7 ,the ,american ,society of 
,civil ,engineers rated school          
facilities nationally a ,d4 ,many school
 buildings of schools served by         
federally impacted local educational    
agencies were built more than #fe years 
ago4  7#c7 ,a #bjji study by the        
,government ,accountability ,office     
found that better school facilities were
 associated with positive student       
outcomes in academic achievement1       
attendance1 and higher graduation rates4
 ,a second ,government ,accountability  
,office study conducted in #bjbj1       
concluded that many school facilities of
 schools served by federally impacted   
local educational agencies are in need  
of repair1 modernization1 renovation1 or
 replacement4  7#d7 ,data compiled      
through surveys of federally impacted   
local educational agencies by both the  
,national ,association of ,federally    
,impacted ,schools and the ,national    

,indian ,impacted ,schools ,association 
revealed the following3 7,a7 #fe percent
 of respondents indicated their         
facilities are in fair to poor          
condition4  7,b7 #bf percent of         
respondents have buildings that are more
 than #hj years old4  7,c7 #ec percent  
of respondents have no practical        
capacity to issue bonds4  7,d7 #hb      
percent of respondents identified lack  
of funds as a reason for delaying       
construction projects4 ,construction    
costs in rural1 many times              
geographically remote1 local educational
 agencies have increased by #cj percent 
or more in recent years making facility 
upgrades and replacement even more      
challenging4  7#e7 ,local educational   
agencies with some bonding capacity or  
that have access to other sources of    
funding are still in need of assistance 
to improve their buildings to ensure a  
safe learning environment4  7#f7        
,federally impacted local educational   
agencies located in rural settings have 

generally higher labor costs and        
transportation costs for workers and    
materials that have to be brought to a  
school construction site than local     
educational agencies located in an urban
 setting with school construction costs4
 ,such costs are normally built in by   
the contractor effecting the total cost 
of the project4  7#g7 ,teacher          
recruitment and retention is a major    
challenge for local educational agencies
 serving students residing on ,indian   
,treaty and ,federal trust land as well 
as land conveyed pursuant to the ,alaska
 ,native ,claims ,settlement ,act 7#dc  
,u4,s4,c4 #afja et seq474 ,because there
 is no private housing or rental units  
available to non-,tribal members1 the   
local educational agency must build and 
maintain rental units4 ,without local   
educational agency owned housing1 the   
daily commute can be as much as #ij     
miles or more each way4 ,one ,arizona   
local educational agency estimated that 
the cost to rebuild antiquated teacher  

housing to be #ajj1jjj1jjj4  7#h7 ,it is
 common practice that ,state educational
 agencies compile infrastructure needs  
in the local educational agencies       
located in the ,state4 ,as example1 the 
,hawaii ,department of ,education has   
identified more than #b1jjj1jjj1jjj in  
needed repair1 renovation1 and          
construction projects to address-- 7,a7 
structural and health and safety needs2 
7,b7 compliance with the ,americans with
 ,disabilities ,act of #aiij 7#db       
,u4,s4,c4 #abaja et seq47 and title ,,ix
 of the ,education ,amendments of #aigb 
7#bj ,u4,s4,c4 #afha et seq472 and  7,c7
 various other infrastructure and       
construction needs4  7b7 ,purposes ,the 
purpose of this ,act is to provide a    
collaborative ,federal-local community  
partnership that will provide both      
,federal and local funding to address   
the facility needs of federally impacted
 local educational agencies4 ,the       
partnership shall be designed to-- 7#a7 
provide grants in full to federally     

impacted local educational agencies that
 have no capacity to issue bonds because
 of the presence of large parcels of    
non-taxable ,federal property2  7#b7    
provide partnership grants requiring a  
local match to local educational        
agencies that have a limited capacity to
 provide facility funding2  7#c7 base   
local matching dollars on the learning  
opportunity threshold total percentage1 
as described in subparagraph 7,b77i7 of 
section #gjjc7;b77#c7 of the ,elementary
 and ,secondary ,education ,act of #aife
 7#bj ,u4,s4,c4 #ggjc7;b77#c772 and     
7#d7 provide grants under section       
#gjjg7;a7 of the ,elementary and        
,secondary ,education ,act of #aife 7#bj
 ,u4,s4,c4 #ggjg7;a77 to address local  
educational agency needs to modernize   
and provide basic building improvements4
  #c4 ,impact aid construction grants   
authorized  7a7 ,funding and sunset     
7#a7 ,authorization of appropriations   
7,a7 ,in general ,there are authorized  
to be appropriated #bej1jjj1jjj for each

 of fiscal years #bjbd1 #bjbe1 #bjbf1   
and #bjbg to carry out this ,act4  7,b7 
,designation ,of the amount appropriated
 for each fiscal year1 the ,secretary of
 ,education shall designate-- 7i7 #ge   
percent for grants awarded under        
paragraphs 7#a7 and 7#b7 of section #d2 
and  7ii7 #be percent for grants awarded
 under section #d7c74  7#b7             
,supplemental funding ,the amount       
authorized under paragraph 7#a7 shall be
 in addition to any amounts authorized  
to be appropriated or otherwise made    
available to carry out section #gjjg of 
the ,elementary and ,secondary          
,education ,act of #aife 7#bj ,u4,s4,c4 
#ggjg74  7#c7 ,availability of funds    
,any amounts appropriated under         
paragraph 7#a7 shall remain available   
until expended4  7#d7 ,sunset ,the      
authority to award grants under this    
,act shall expire at the end of the     
#d-year period beginning on the date in 
which funds are first made available to 
award a grant under this ,act4  7b7     

,reservation for management and         
oversight ,from the funds appropriated  
under subsection 7a77#a71 the ,secretary
 of ,education may reserve not more than
 half of #a percent for management and  
oversight of the activities carried out 
with those funds4  #d4 ,grant awards    
based on facility condition ,the        
,secretary of ,education shall1 based on
 applications submitted by local        
educational agencies under section #e   
and eligible for payments under section 
#gjjb of the ,elementary and ,secondary 
,education ,act of #aife 7#bj ,u4,s4,c4 
#ggjb7 or section #gjjc of the          
,elementary and ,secondary ,education   
,act of #aife 7#bj ,u4,s4,c4 #ggjc71    
establish a facility condition priority 
listing for grant awards as follows3    
7#a7 ,emergency grants priority one ,the
 ,secretary of ,education shall award   
grants by first identifying those local 
educational agencies-- 7,a7 that have a 
facility-- 7i7 as certified by a ,state1
 county1 or ,tribal official or a       

licensed architect or engineer1 that is 
in violation of a ,federal1 ,state1     
county1 or ,tribal building code        
representing a health hazard to students
 and school personnel2  7ii7 that fails 
to meet building and classroom standards
 to ensure the health and life-safety of
 students and staff1 as set by the      
,centers for ,disease ,control and      
,prevention1 requiring classroom        
building modification or replacement    
to-- 7,i7 ensure quality ventilation    
systems2  7,,ii7 ensure classroom space 
to reduce class sizes and ensure social 
distancing guidelines when required2    
7,,iii7 address structural deficiencies1
 and  7,,iv7 address other health1      
safety1 and environmental conditions    
that would impact the health1           
life-safety1 and learning ability of    
students2  7iii7 that is not in         
compliance in meeting student capacity  
standards as required by the ,state1    
including failure to meet accessibility 
standards for persons with disabilities2

 or  7iv7 that lacks adequate service   
capacity or infrastructure necessary to 
utilize technology to offer a curriculum
 that meets the current standards in the
 ,state in which the local educational  
agency is located2 or  7,b7 in the case 
of local educational agencies eligible  
for payments under section              
#gjjc7;a77#a77;,c7 of the ,elementary   
and ,secondary ,education ,act of #aife 
7#bj ,u4,s4,c4 #ggjc7;a77#a77;,c771 that
 have teacher housing that is in need of
 repair or new construction to meet the 
needs of school personnel residing in   
such housing4  7#b7 ,emergency grants   
priority two ,after identifying those   
local educational agencies as described 
in paragraph 7#a7 for priority in grant 
awards1 the ,secretary of ,education    
shall then award grants by identifying  
those local educational agencies that-- 
7,a7 have a facility that-- 7i7 does not
 meet minimum structural or health and  
safety standards as adopted by the      
,american ,society of ,civil ,engineers 

and is considered to be in poor         
condition and represents a potential    
health or safety hazard to students and 
school personnel1 including due to--    
7,i7 poor indoor air quality2  7,,ii7   
the presence of hazardous and toxic     
substances and chemicals2  7,,iii7 the  
lack of safe drinking water at the tap  
and water used for meal preparation1    
including due to the level of lead and  
other contaminants in such water2       
7,,iv7 energy and water inefficiency2   
7,v7 excessive classroom noise2  7,,vi7 
structural deficiencies2 or  7,,vii7    
other health1 life-safety1 and          
environmental conditions that would     
impact the health1 safety1 and learning 
ability of students2  7ii7 is not in    
compliance in meeting student capacity  
standards as required by the ,state1    
including failure to meet accessibility 
standards for persons with disabilities2
 or  7iii7 lacks adequate services      
necessary to utilize technology to offer
 a curriculum that meets the current    

standards in the ,state in which the    
local educational agency is located2 or 
7,b7 in the case of local educational   
agencies eligible for payments under    
section #gjjc7;a77#a77;,c7 of the       
,elementary and ,secondary ,education   
,act of #aife 7#bj ,u4,s4,c4            
#ggjc7;a77#a77;,c771 have an identified 
need for teacher housing to ensure a    
safe living environment for teachers and
 their families or a need for repair of 
existing housing or new construction to 
meet the basic needs of school personnel
 residing in such housing4  7#c7        
,formula grants ,from funds designated  
under section #c7;a77#a77;,b77ii71 the  
,secretary of ,education shall make     
payments in accordance with section     
#gjjg7;a7 of the ,elementary and        
,secondary ,education ,act of #aife 7#bj
 ,u4,s4,c4 #ggjg7;a771 except that--    
7,a7 when calculating the total number  
of weighted student units as described  
in paragraph 7#c77;,a77i77,,ii7 of      
section #gjjg7;a7 of the ,elementary and

 ,secondary ,education of #aife 7#bj    
,u4,s4,c4 #ggjg7;a771 the ,secretary of 
,education shall include the total      
number of weighted student units of     
children described in subparagraphs 7,b7
 and 7,d77i7 of section #gjjc7;a77#a7 of
 such ,act for the preceding year for   
all local educational agencies not      
meeting the requirements as described in
 section #gjjg7;a77#b77;,b7 of such ,act
 but that meet the requirements of      
section #egb7;a77#b7 of the ,national   
,defense ,authorization ,act for ,fiscal
 ,year #bjjf 7#bj ,u4,s4,c4             
#ggjc;b7a77#b772 and  7,b7 when         
calculating the total number of weighted
 student units as described in section  
#gjjc7;a77#a77;,c7 of the ,elementary   
and ,secondary ,education of #aife 7#bj 
,u4,s4,c4 #ggjc7;a77#a77;,c771 the      
,secretary of ,education shall include  
the number of children determined under 
section #gjjc7;a77#a77;,c7 of such ,act 
for the preceding school year that      
constituted at least #bj percent of the 

total student enrollment in the schools 
of the agency during the preceding      
school year4  #e4 ,application ,a local 
educational agency eligible to apply for
 a grant under paragraph 7#a7 or 7#b7 of
 section #d that desires to receive a   
grant shall submit an application in    
accordance with regulations prescribed  
by the ,secretary of ,education4  #f4   
,award criteria ,when awarding a grant  
under paragraph 7#a7 or 7#b7 of section 
#d1 the ,secretary of ,education shall--
 7#a7 first consider those local        
educational agencies 7or1 in the case of
 a local educational agency that does   
not have the authority to tax or issue  
bonds1 the agency's fiscal agent7 that  
have limited or no capacity to issue    
bonds or have a total assessed value of 
real property that may be taxed for     
school purposes of less than            
#ej1jjj1jjj2  7#b7 next consider those  
local educational agencies not described
 in paragraph 7#a7 that-- 7,a7 have a   
total assessed value of real property   

that may be taxed for school purposes of
 less than #ajj1jjj1jjj2 or  7,b7 have  
an assessed value of real property that 
may be taxed for school purposes per    
student that is less than the average of
 the assessed value of real property    
that may be taxed for school purposes   
per student in the ,state in which the  
local educational agency is located2 and
  7#c7 finally consider-- 7,a7 the      
number and percentages of children      
described in subparagraphs 7,a71 7,b71  
7,c71 and 7,d7 of section #gjjc7;a77#a7 
of the ,elementary and ,secondary       
,education ,act of #aife 7#bj ,u4,s4,c4 
#ggjc7;a77#a77 enrolled in the school   
facility to be supported with grant     
funds2  7,b7 the learning opportunity   
threshold total percentage as described 
in subparagraph 7,b77i7 of section      
#gjjc7;b77#c7 of such ,act 7#bj         
,u4,s4,c4 #ggjc7;b77#c772  7,c7 with    
respect to local educational agencies   
eligible for payments under section     
#gjjb of such ,act 7#bj ,u4,s4,c4       

#ggjb71 the percentage of land in the   
local educational agency that is        
,federal property2  7,d7 the potential  
use for community programs and events in
 the school facility to be supported    
with grant funds2  7,e7 the feasibility 
of project completion within #bd months 
from the grant award2 and  7,f7 the     
availability of other resources for the 
proposed project including the use of   
in-kind contributions4  #g4 ,payments   
7a7 ,in general ,when making payments   
for grants awarded under this ,act1 the 
,secretary of ,education shall comply   
with the following3 7#a7 ,make payment  
as required in full for those local     
educational agencies described in       
section #d7a7 with no capacity to issue 
bonds4  7#b7 ,require those local       
educational agencies not described in   
paragraph 7#a7 to pay a percentage of   
the total cost of the project supported 
with grant funds as follows3 7,a7 ,for  
those local educational agencies with a 
learning opportunity threshold total    

percentage1 as described in subparagraph
 7,b77i7 of section #gjjc7;b77#c7 of the
 ,elementary and ,secondary ,education  
,act of #aife 7#bj ,u4,s4,c4            
#ggjc7;b77#c77-- 7i7 that is #hj percent
 or greater1 such agencies shall pay a  
non-,federal share equal to #aj percent 
of the total cost of the project2  7ii7 
that is less than #hj percent but #ej   
percent or greater1 such agencies shall 
pay a non-,federal share equal to #bj   
percent of the total cost of the        
project2 and  7iii7 that is less than   
#ej percent1 such agencies shall pay a  
non-,federal share equal to #be percent 
of the total cost of the project4  7,b7 
,for those local educational agencies   
eligible to receive a payment under     
section #gjjb of the ,elementary and    
,secondary ,education ,act of #aife 7#bj
 ,u4,s4,c4 #ggjb7 that are not described
 in paragraph 7#a7 of section #d1 such  
agencies shall pay a non-,federal share 
equal to #be percent of the total cost  
of the project4  7#c7 ,make payment as  

required in full for those local        
educational agencies described in       
paragraph 7#a7 or 7#b7 of section #d1   
whose payment is #e1jjj1jjj or less for 
the year in which they are to receive   
the grant4  7#d7 ,make payment to those 
local educational agencies described in 
paragraph 7#a7 or 7#b7 of section #d1   
whose payment is more than #e1jjj1jjj   
for the year in which they are to       
receive the grant1 after final drawings 
and specifications have been approved by
 the ,secretary of ,education and the   
construction contract has been entered  
into1 in accordance with regulations    
prescribed by the ,secretary and at such
 times and in such installments as may  
be reasonable4  7b7 ,any funds paid to a
 local educational agency under this    
,act and not expended for the purposes  
for which paid shall be redistributed to
 make payments under section #gjjg7;a7  
of the ,elementary and ,secondary       
,education ,act of #aife 7#bj ,u4,s4,c4 
#ggjg7;a774  #h4 ,general provisions    

7a7 ,use of funds  7#a7 ,in-kind        
contributions ,a local educational      
agency may use in-kind contributions to 
meet the non-,federal share requirement 
under section #g7;a77#b74  7#b7         
,prohibitions on use of funds ,a local  
educational agency may not use a grant  
awarded under paragraph 7#a7 or 7#b7 of 
section #d for-- 7,a7 a project for a   
school facility for which the agency    
does not have-- 7i7 full title2  7ii7 a 
long-term ,tribal lease agreement2 or   
7iii7 another interest as defined in    
regulation2 and  7,b7 the acquisition of
 real property4  7#c7 ,supplement1 not  
supplant ,a local educational agency    
shall use funds awarded under this ,act 
only to supplement the amount of funds  
that would1 in the absence of the       
,federal funds provided under the grant1
 be made available from non-,federal    
sources to carry out repairs of school  
facilities as described in section #d   
and not to supplant such funds4  7b7    
,annual report on grant program ,not    

later than ,september #cj of each fiscal
 year1 the ,secretary of ,education     
shall submit to the appropriate         
congressional committees a report on the
 projects carried out with funds made   
available under this ,act4  7c7         
,carry-,over of certain applications    
7#a7 ,in general ,a local educational   
agency that applies for a grant under   
this ,act for a fiscal year and does not
 receive the grant for the fiscal year  
shall have the application for the grant
 considered for the following fiscal    
year not to exceed the end of the       
#d-year period as described in paragraph
 7#d7 of section #c7;a71 subject to the 
priority requirements of paragraphs 7#a7
 and 7#b7 of section #d4  7#b7 ,priority
 listing ,the ,secretary of ,education  
shall-- 7,a7 maintain a priority listing
 of local educational agencies meeting  
the eligibility requirements found in-- 
7i7 paragraph 7#a7 of section #d2 and   
7ii7 paragraph 7#b7 of section #d2 and  
7,b7 update the listing for each of     

paragraphs 7#a7 and 7#b7 of section     
7#d71 including those local educational 
agencies that applied for the previous  
fiscal year1 but were not funded and for
 those agencies applying the succeeding 
fiscal year4  7d7 ,local educational    
agency defined ,in this ,act1 the term  
local educational agency has the meaning
 given the term in section #gjac of the 
,elementary and ,secondary ,education   
,act of #aife 7#bj ,u4,s4,c4 #ggac74