School Modernization and Revitalization Through Jobs Act, the SMART Jobs Act, or the 21st Century Green High-Performing Public School Facilities Act
This bill requires the Department of Education (ED) to make grants to states for the modernization, renovation, or repair of public schools, including early learning facilities and charter schools. The bill allocates grant funds among states on the basis of the relative portion of school improvement funds provided to local educational agencies (LEAs) in each state under the Elementary and Secondary Education Act of 1965. States shall reallocate the grant funds to LEAs on the basis of each LEA's share of school improvement funds received by LEAs in the state for the previous fiscal year.
In addition, ED shall make grants to LEAs that serve specified disaster areas for the construction, modernization, renovation, or repair of public schools, including early learning facilities and charter schools. The bill allocates grant funds among LEAs on the basis of each LEA's share of infrastructure damage inflicted on public school facilities in such areas.
With specified exceptions, only U.S.-produced iron, steel, and manufactured goods shall be used in projects funded under the bill.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5157 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5157
To direct the Secretary of Education to make grants to State
educational agencies for the modernization, renovation, or repair of
public school facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2016
Mr. Sean Patrick Maloney of New York (for himself, Mr. Cummings, and
Mr. Polis) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to make grants to State
educational agencies for the modernization, renovation, or repair of
public school facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as--
(1) the ``School Modernization and Revitalization Through
Jobs Act'';
(2) the ``SMART Jobs Act''; or
(3) the ``21st Century Green High-Performing Public School
Facilities Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC
SCHOOL FACILITIES
Sec. 101. Purpose.
Sec. 102. Allocation of funds.
Sec. 103. Allowable uses of funds.
TITLE II--SUPPLEMENTAL GRANTS FOR DISASTER AREAS
Sec. 201. Purpose.
Sec. 202. Allocation to local educational agencies.
Sec. 203. Allowable uses of funds.
TITLE III--GENERAL PROVISIONS
Sec. 301. Impermissible uses of funds.
Sec. 302. Supplement, not supplant.
Sec. 303. Prohibition regarding State aid.
Sec. 304. Maintenance of effort.
Sec. 305. Special rule on contracting.
Sec. 306. Use of American iron, steel, and manufactured goods.
Sec. 307. Labor standards.
Sec. 308. Charter schools.
Sec. 309. Green schools.
Sec. 310. Reporting.
Sec. 311. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Bureau-funded school'' has the meaning given
to such term in section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021).
(2) The term ``charter school'' has the meaning given such
term in section 4310 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7221i).
(3) The term ``CHPS Criteria'' means the green building
rating program developed by the Collaborative for High
Performance Schools.
(4) The term ``Energy Star'' means the Energy Star program
of the United States Department of Energy and the United States
Environmental Protection Agency.
(5) The term ``Green Globes'' means the Green Building
Initiative environmental design and rating system referred to
as Green Globes.
(6) The term ``LEED Green Building Rating System'' means
the United States Green Building Council Leadership in Energy
and Environmental Design green building rating standard
referred to as LEED Green Building Rating System.
(7) The term ``local educational agency''--
(A) has the meaning given to that term in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801), and shall also include the
Recovery School District of Louisiana and the New
Orleans Public Schools; and
(B) includes any public charter school that
constitutes a local educational agency under State law.
(8) The term ``outlying area''--
(A) means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands; and
(B) includes the freely associated states of the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(9) The term ``public school facilities'' means an existing
public school facility, including a public charter school
facility, or another existing facility planned for adaptive
reuse as such a school facility.
(10) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC
SCHOOL FACILITIES
SEC. 101. PURPOSE.
Grants under this title shall be for the purpose of modernizing,
renovating, or repairing public school facilities, based on their need
for such improvements, to be safe, healthy, high-performing, and up-to-
date technologically.
SEC. 102. ALLOCATION OF FUNDS.
(a) Reservation.--
(1) In general.--From the amount appropriated to carry out
this title for each fiscal year pursuant to section 311(a), the
Secretary shall reserve 1 percent of such amount, consistent
with the purpose described in section 101--
(A) to provide assistance to the outlying areas;
and
(B) for payments to the Secretary of the Interior
to provide assistance to Bureau-funded schools.
(2) Use of reserved funds.--In each fiscal year, the amount
reserved under paragraph (1) shall be divided between the uses
described in subparagraphs (A) and (B) of such paragraph in the
same proportion as the amount reserved under section 1121(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6331(a)) is divided between the uses described in paragraphs
(1) and (2) of such section 1121(a) in such fiscal year.
(b) Allocation to States.--
(1) State-by-state allocation.--Of the amount appropriated
to carry out this title for each fiscal year pursuant to
section 311(a), and not reserved under subsection (a), each
State shall be allocated an amount in proportion to the amount
received by all local educational agencies in the State under
part A of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year
relative to the total amount received by all local educational
agencies in every State under such part for such fiscal year.
(2) State administration.--A State may reserve up to 1
percent of its allocation under paragraph (1) to carry out its
responsibilities under this title, which include--
(A) providing technical assistance to local
educational agencies;
(B) developing a database that includes an
inventory of public school facilities in the State,
including for each, its design, condition,
modernization, renovation and repair needs, usage,
utilization, energy use, and carbon footprint; and
(C) developing a school energy efficiency quality
plan.
(3) Grants to local educational agencies.--From the amount
allocated to a State under paragraph (1), each local
educational agency in the State that meets the requirements of
section 1112(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6312(a)) shall receive an amount in
proportion to the amount received by such local educational
agency under part A of title I of that Act (20 U.S.C. 6311 et
seq.) for the previous fiscal year relative to the total amount
received by all local educational agencies in the State under
such part for such fiscal year, except that no local
educational agency that received funds under part A of title I
of that Act for such fiscal year shall receive a grant of less
than $5,000 in any fiscal year under this title.
(4) Special rule.--Section 1122(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6332(c)(3)) shall
not apply to paragraph (1) or (3).
(c) Special Rules.--
(1) Distributions by secretary.--The Secretary shall make
and distribute the reservations and allocations described in
subsections (a) and (b) not later than 30 days after an
appropriation of funds for this title is made.
(2) Distributions by states.--A State shall make and
distribute the allocations described in subsection (b)(3)
within 30 days of receiving such funds from the Secretary.
SEC. 103. ALLOWABLE USES OF FUNDS.
A local educational agency receiving a grant under this title shall
use the grant for modernization, renovation, or repair of public school
facilities, including, where applicable, early learning facilities--
(1) repairing, replacing, or installing roofs, including
extensive, intensive or semi-intensive green roofs, electrical
wiring, plumbing systems, sewage systems, lighting systems, or
components of such systems, windows, or doors, including
security doors;
(2) repairing, replacing, or installing heating,
ventilation, air conditioning systems, or components of such
systems (including insulation), including indoor air quality
assessments;
(3) bringing public schools into compliance with fire,
health, and safety codes, including professional installation
of fire/life safety alarms, including modernizations,
renovations, and repairs that ensure that schools are prepared
for emergencies, such as improving building infrastructure to
accommodate security measures;
(4) modifications necessary to make public school
facilities accessible to comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(5) abatement, removal, or interim controls of asbestos,
polychlorinated biphenyls, mold, mildew, or lead-based paint
hazards;
(6) measures designed to reduce or eliminate human exposure
to classroom noise and environmental noise pollution;
(7) modernizations, renovations, or repairs necessary to
reduce the consumption of coal, electricity, land, natural gas,
oil, or water;
(8) upgrading or installing educational technology
infrastructure to ensure that students have access to up-to-
date educational technology;
(9) modernization, renovation, or repair of science and
engineering laboratory facilities, libraries, and career and
technical education facilities, including those related to
energy efficiency and renewable energy, and improvements to
building infrastructure to accommodate bicycle and pedestrian
access;
(10) renewable energy generation and heating systems,
including solar, photovoltaic, wind, geothermal, or biomass,
including wood pellet, systems or components of such systems;
(11) other modernization, renovation, or repair of public
school facilities to--
(A) improve teachers' ability to teach and
students' ability to learn;
(B) ensure the health and safety of students and
staff;
(C) make them more energy efficient; or
(D) reduce class size; and
(12) required environmental remediation related to public
school modernization, renovation, or repair described in
paragraphs (1) through (11).
TITLE II--SUPPLEMENTAL GRANTS FOR DISASTER AREAS
SEC. 201. PURPOSE.
Grants under this title shall be for the purpose of modernizing,
renovating, repairing, or constructing public school facilities,
including, where applicable, early learning facilities, based on their
need for such improvements, to be safe, healthy, high-performing, and
up-to-date technologically.
SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--Of the amount appropriated to carry out this title
for each fiscal year pursuant to section 311(b), the Secretary shall
allocate to local educational agencies serving areas in which the
President, pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) and during the
preceding 10 fiscal years, has determined that a major disaster exists
an amount equal to the infrastructure damage inflicted on public school
facilities in each such area relative to the total of such
infrastructure damage so inflicted in all such areas, combined.
(b) Distribution by Secretary.--The Secretary shall determine and
distribute the allocations described in subsection (a) not later than
60 days after an appropriation of funds for this title is made.
SEC. 203. ALLOWABLE USES OF FUNDS.
A local educational agency receiving a grant under this title shall
use the grant for one or more of the activities described in section
103, except that an agency receiving a grant under this title also may
use the grant for the construction of new public school facilities.
TITLE III--GENERAL PROVISIONS
SEC. 301. IMPERMISSIBLE USES OF FUNDS.
No funds received under this Act may be used for--
(1) payment of maintenance costs;
(2) stadiums or other facilities primarily used for
athletic contests or exhibitions or other events for which
admission is charged to the general public;
(3) improvement or construction of facilities the purpose
of which is not the education of children, including central
office administration or operations or logistical support
facilities; or
(4) purchasing carbon offsets.
SEC. 302. SUPPLEMENT, NOT SUPPLANT.
A local educational agency receiving a grant under this Act shall
use such Federal funds only to supplement and not supplant the amount
of funds that would, in the absence of such Federal funds, be available
for modernization, renovation, repair, and construction of public
school facilities.
SEC. 303. PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this Act
in determining the eligibility of any local educational agency in that
State for State aid, or the amount of State aid, with respect to free
public education of children.
SEC. 304. MAINTENANCE OF EFFORT.
(a) In General.--A local educational agency may receive a grant
under this Act for any fiscal year only if either the combined fiscal
effort per student or the aggregate expenditures of the agency and the
State involved with respect to the provision of free public education
by the agency for the preceding fiscal year was not less than 90
percent of the combined fiscal effort or aggregate expenditures for the
second preceding fiscal year.
(b) Reduction in Case of Failure To Meet Maintenance of Effort
Requirement.--
(1) In general.--The State educational agency shall reduce
the amount of a local educational agency's grant in any fiscal
year in the exact proportion by which a local educational
agency fails to meet the requirement of subsection (a) of this
section by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using the
measure most favorable to the local agency).
(2) Special rule.--No such lesser amount shall be used for
computing the effort required under subsection (a) of this
section for subsequent years.
(c) Waiver.--The Secretary shall waive the requirements of this
section if the Secretary determines that a waiver would be equitable
due to--
(1) exceptional or uncontrollable circumstances, such as a
natural disaster; or
(2) a precipitous decline in the financial resources of the
local educational agency.
SEC. 305. SPECIAL RULE ON CONTRACTING.
Each local educational agency receiving a grant under this Act
shall ensure that, if the agency carries out modernization, renovation,
repair, or construction through a contract, the process for any such
contract ensures the maximum number of qualified bidders, including
local, small, minority, and women- and veteran-owned businesses,
through full and open competition.
SEC. 306. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.
(a) In General.--None of the funds appropriated or otherwise made
available by this Act may be used for a project for the modernization,
renovation, repair or construction of a public school facility unless
all of the iron, steel, and manufactured goods used in the project are
produced in the United States.
(b) Exceptions.--Subsection (a) shall not apply in any case or
category of cases in which the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods
produced in the United States will increase the cost of the
overall project by more than 25 percent.
(c) Publication of Justification.--If the Secretary determines that
it is necessary to waive the application of subsection (a) based on a
finding under subsection (b), the Secretary shall publish in the
Federal Register a detailed written justification of the determination.
(d) Construction.--This section shall be applied in a manner
consistent with United States obligations under international
agreements.
SEC. 307. LABOR STANDARDS.
The grant programs under this Act are applicable programs (as that
term is defined in section 400 of the General Education Provisions Act
(20 U.S.C. 1221)) subject to section 439 of such Act (20 U.S.C. 1232b).
SEC. 308. CHARTER SCHOOLS.
A local educational agency receiving an allocation under this
section shall use an equitable portion of that allocation for allowable
activities benefitting charter schools within its jurisdiction, as
determined based on the percentage of students from low-income families
in the schools of the agency who are enrolled in charter schools and on
the needs of those schools as determined by the agency.
SEC. 309. GREEN SCHOOLS.
(a) In General.--In a given fiscal year, a local educational agency
shall use not less than the applicable percentage (described in
subsection (b)) of funds received under this Act for public school
modernization, renovation, repairs, or construction that are certified,
verified, or consistent with any applicable provisions of--
(1) the LEED Green Building Rating System;
(2) Energy Star;
(3) the CHPS Criteria;
(4) Green Globes; or
(5) an equivalent program adopted by the State or another
jurisdiction with authority over the local educational agency.
(b) Applicable Percentages.--The applicable percentage described in
subsection (a) is--
(1) in fiscal year 2017, 50 percent;
(2) in fiscal year 2018, 60 percent;
(3) in fiscal year 2019, 70 percent;
(4) in fiscal year 2020, 80 percent;
(5) in fiscal year 2021, 90 percent; and
(6) in fiscal year 2022, 100 percent.
(c) Technical Assistance.--The Secretary, in consultation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall provide outreach and technical assistance to
States and local educational agencies concerning the best practices in
school modernization, renovation, repair, and construction, including
those related to student academic achievement, student and staff
health, energy efficiency, and environmental protection.
(d) Youthbuild Programs.--The Secretary of Education, in
consultation with the Secretary of Labor, shall work with recipients of
funds under this section to promote appropriate opportunities for
participants in a YouthBuild program (as defined in section 173A of the
Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to gain employment
experience on modernization, renovation, and repair projects funded
under this section.
SEC. 310. REPORTING.
(a) Reports by Local Educational Agencies.--Local educational
agencies receiving a grant under this Act shall annually compile a
report describing the projects for which such funds were used,
including--
(1) the number of public schools served by the agency,
including the number of charter schools;
(2) the total amount of funds received by the local
educational agency under this Act and the amount of such funds
expended, including the amount expended for modernization,
renovation, repair, or construction of charter schools;
(3) the number of public schools served by the agency
designated with an urban-centric school locale code of 41, 42,
or 43 as determined by the National Center for Education
Statistics and the percentage of funds received by the agency
under title I or title II of this Act that were used for
projects at such schools;
(4) the number of public schools served by the agency that
are eligible for schoolwide programs under section 1114 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314)
and the percentage of funds received by the agency under title
I or title II of this Act that were used for projects at such
schools;
(5) for each project--
(A) the cost;
(B) the standard described in section 309(a) with
which the use of the funds complied or, if the use of
funds did not comply with a standard described in
section 309(a), the reason such funds were not able to
be used in compliance with such standards and the
agency's efforts to use such funds in an
environmentally sound manner;
(C) if flooring was installed, whether--
(i) it was low- or no-VOC (Volatile Organic
Compounds) flooring;
(ii) it was made from sustainable
materials; and
(iii) use of flooring described in clause
(i) or (ii) was cost effective; and
(D) any demonstrable or expected benefits as a
result of the project (such as energy savings, improved
indoor environmental quality, improved climate for
teaching and learning, etc.); and
(6) the total number and amount of contracts awarded, and
the number and amount of contracts awarded to local, small,
minority, and women- and veteran-owned businesses.
(b) Availability of Reports.--A local educational agency shall--
(1) submit the report described in subsection (a) to the
State educational agency, which shall compile such information
and report it annually to the Secretary; and
(2) make the report described in subsection (a) publicly
available, including on the agency's Web site.
(c) Reports by Secretary.--Not later than December 31 of each
fiscal year, the Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate, and make
available on the Department of Education's Web site, a report on grants
made under this Act, including the information described in subsection
(b)(1), the types of modernization, renovation, repair, and
construction funded, and the number of students impacted, including the
number of students counted under section 1113(a)(5) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)).
SEC. 311. AUTHORIZATION OF APPROPRIATIONS.
(a) Title I.--To carry out title I, there are authorized to be
appropriated $6,400,000,000 for fiscal year 2017 and such sums as may
be necessary for each of fiscal years 2018 through 2022.
(b) Title II.--To carry out title II, there are authorized to be
appropriated $100,000,000 for each of fiscal years 2017 through 2022.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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