Sec. 20001. Rebuild America’s schools grant program
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In addition to amounts otherwise available, there is appropriated to the Department of Education— for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,270,000,000, to remain available until September 30, 2025, for carrying out this section; and for each of fiscal years 2023 through 2024, out of any money in the Treasury not otherwise appropriated, $39,643,650,000, to remain available until September 30, 2026, for carrying out this section. From funds provided under paragraphs
(1)and
(2)of subsection (a), the Secretary shall award grants in fiscal years 2022 through 2024 to State educational agencies in accordance with subsection (c). A State educational agency is eligible for an allocation under this section— with respect to fiscal year 2022, for the purpose of public school facilities inventory efforts in accordance with paragraph (3)(A); and with respect to fiscal years 2023 and 2024, if such State educational agency has had approved by the Secretary a State facilities plan developed under paragraph (3)(A)(ii)(I), for the purpose of improving public school facilities in accordance with paragraph (3)(B). The amount allocated to each State educational agency under paragraph
(1)shall be in the same proportion as the amounts distributed to the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) in the most recent fiscal year, relative to the total amount received under such part by all other States receiving an allocation under this section in such fiscal year. A State educational agency that receives an allocation under paragraph (1)— with respect to fiscal year 2022, shall use— not less than 80 percent of such allocation to award subgrants to local educational agencies (including public charter schools that are local educational agencies) in the State, in proportion to the amount of funds such local educational agencies and charter schools received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) in the most recent fiscal year, to support each such local educational agency in— the development and publication of a local facilities master plan to address the health, safety, education equity, enrollment diversity, environmental sustainability, and climate resiliency of the public school facilities operated by such agency; and the collection and submission of data to the State educational agency to support implementation of the State school facilities database; and not more than 20 percent of such allocation to— develop a State facilities plan that details— how the State will use grant funds received under this section and State funds to make improvements to public school facilities of eligible local educational agencies to address disparities in both the financing and expenditures of school facilities capital outlay projects and in the conditions of public school facilities between eligible local educational agencies and other local educational agencies in the State; how the State will develop a competitive process to provide subgrants to eligible local educational agencies, including the State’s criteria for subgrant eligibility; and how the State will, in carrying out the competitive process for subgrants described in item (bb), take into consideration the impact that such subgrants may have on increasing student diversity and decreasing racial and socioeconomic isolation of students attending public elementary or secondary schools improved by such subgrants; develop and operate (directly or through grants or contracts) the State school facilities database; and provide technical assistance to local educational agencies in carrying out activities described in clause
(i)and supports related to the requirements of paragraph
(4)for eligible local educational agencies; and with respect to each of fiscal years 2023 and 2024, shall— use not less than 90 percent of such allocation to award subgrants on a competitive basis to eligible local educational agencies with approved applications described in paragraph (4)(A); and use not more than 10 percent of such allocation to— maintain and update (directly or through grants or contracts) the State school facilities database; provide technical assistance to eligible local educational agencies in the State in carrying out school facilities capital outlay projects, including technical assistance regarding capital construction, energy efficiency, and climate resiliency; develop and implement State-level strategies for safe, healthy, energy efficient, and environmentally resilient public school facilities that address— indoor air quality; water quality; energy and water efficiency; renewable energy and decarbonization; exposure to toxic substances, including mercury, radon, polychlorinated biphenyls, lead, vapor intrusions, and asbestos; climate resiliency; emergency preparedness for natural or man-made disasters or emergencies; and structural hazards created by pyrrhotite, as determined by an engineer’s report and pyrrhotite testing; provide professional development opportunities for State and local staff involved in maintenance and operations and school facilities capital outlay projects; and administer and monitor the implementation of subgrants provided under clause (i). The State educational agency shall require an eligible local educational agency desiring a subgrant under paragraph (3)(B)(i) to submit an application to the State educational agency that, at a minimum, includes— a certification that the eligible local educational agency shall use subgrant funds for school facilities capital outlay projects that prioritize the improvement of the public school facilities of such agency that serve the highest numbers or percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 ), under a method established by the Secretary; and such agency’s facilities master plan. An eligible local educational agency that receives a subgrant under paragraph (3)(B)(i) shall use such funds to carry out school facilities capital outlay projects, including 1 or more of the following: Assessing, planning, designing, constructing, modernizing, retrofitting, or decarbonizing public school facilities. Carrying out major repairs of public school facilities, including repairs to extend the life of facilities systems and components by not less than 10 years. Upgrading or replacing major facilities systems, components, furniture, fixtures, and equipment with a life of not less than 10 years. Constructing new public school facilities, including when student enrollment exceeds the physical and instructional capacity of public school facilities. Purchasing and preparing sites on which public school facilities will be constructed. Improving energy and water efficiency in public school facilities, including improvements related to clean energy. Reducing or eliminating the presence of health and safety hazards in public school facilities, including— toxic substances, including mercury, radon, polychlorinated biphenyls, lead, and asbestos; mold or mildew; rodents and pests; and structural hazards created by pyrrhotite. Improving instructional or outdoor public school facilities relating to early learning, special education, science, technology, career and technical education, physical education, the arts, literacy (including library programs), or community-based partnerships. Improving the public school facilities of magnet schools, or other instructional programs, designed to increase student diversity and decrease racial or socioeconomic isolation. Supporting independent commissioning and certification of public school facilities, public school facility systems, and school facilities capital outlay projects. As a condition of receiving an allocation under subsection (c)(1)(B), a State shall contribute, from non-Federal sources, an amount equal to 10 percent of the amount of the allocation received under such subsection to carry out activities supported by such allocation. States that contributed an average of 10 percent or greater toward total local educational agency capital outlay from non-Federal funds, within the most recent 5-year fiscal period, are exempt from the State matching requirement under subparagraph (A). The State shall provide an assurance to the Secretary that for each fiscal year that the State receives an allocation under this section, the State’s share of school facilities capital outlay will be not less than 90 percent of the average of the State’s share of school facilities capital outlay for the 5 years preceding the 2020 fiscal year. Notwithstanding subparagraph (A), in response to a request from a State, the Secretary may modify or waive, in whole or in part, the requirement of subparagraph
(A)if the Secretary determines that such State demonstrates an exceptional or uncontrollable circumstance, such as a natural disaster, pandemic, or precipitous decline in revenue. As a condition of receiving an allocation under subsection (c)(1)(B), a State shall use funds received under this section only to supplement the level of State and local public funds that would, in the absence of the receipt of Federal funds under this section, be made available for the State’s contribution to school facilities capital outlays, and not to supplant those other funds. The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term eligible local educational agency means a local educational agency (including a public charter school that is a local educational agency under State law) in a State that— is identified by the State based on the criteria established under the State facilities plan as among the local educational agencies in such State with— the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); or the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of factors determined by the Secretary; certifies that any funds received under this section shall be used to prioritize the improvement of public school facilities of public elementary or secondary schools that serve the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 ), under a method established by the Secretary; and certifies that any public school facilities improved by funds received under this section are— operated and managed by a public agency or a non-profit private entity; and owned or leased from a public agency; or owned or leased from a private entity, except that no individual associated with such private entity may have a financial interest or management role in the local educational agency. The term local facilities master plan means a plan of a local educational agency developed under subsection (c)(3)(A)(i)(I) by the local educational agency, in consultation with local stakeholders, which includes an assessment of such agency’s public school facilities, financing of school capital project outlays, and student enrollment levels, and other factors determined by the Secretary. The term operations and maintenance of school facilities means the labor, contracts, and supplies and materials supported by a local educational agency’s annual operating budget related to— cleaning, groundskeeping, and preventive and routine maintenance of public school facilities and grounds; minor repairs and operations of building systems and equipment for public school facilities; and payments for utilities for public school facilities. The term public school facility means a school facility operated by a local educational agency that is primarily used to educate students, including outdoor facilities and grounds, but does not include— a facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; a vehicle; or a district central office, operation center, or other school facility if it is not primarily used to educate students. The term school facilities capital outlay project means the assessment, planning, design, construction, renovation, repair, management, and financing of a public school facility project with a life expectancy of at least 10 years, but does not include operations and maintenance of school facilities. The term Secretary means the Secretary of Education. The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The term State’s contribution to school facilities capital outlays means the total amount of State appropriations on elementary and secondary education capital expenditures in the State, including— State aid reimbursements for school facilities capital outlay projects; State payment of debt service for school facilities capital outlay projects; direct payment of school facilities capital outlay projects; and grants or facilities allowances to charter schools for facilities capital projects. The term State facilities plan means a State’s plan developed by the State educational agency, in accordance with subsection (c)(3)(A)(ii)(I) and including plan elements determined by the Secretary, for the purpose of being eligible for an allocation described in subsection (c)(1)(B). The term State school facilities database means an electronic, publicly available database maintained by the State educational agency that contains an inventory of the infrastructure of all public school facilities in the State, including the data elements determined by the Secretary.
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