II
119THCONGRESS
1
STSESSION S. 1275
To provide Federal-local community partnership construction funding to local
educational agencies eligible to receive payments under the Impact Aid
program.
IN THE SENATE OF THE UNITED STATES
APRIL3, 2025
Ms. H
IRONO(for herself, Mr. BLUMENTHAL, Mr. DURBIN, Mr. GALLEGO, Mr.
H
EINRICH, Ms. KLOBUCHAR, Mr. PADILLA, Mr. SCHATZ, Ms. SMITH,
Mrs. G
ILLIBRAND, and Mr. KELLY) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
A BILL
To provide Federal-local community partnership construction
funding to local educational agencies eligible to receive
payments under the Impact Aid program.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Impact Aid Infrastruc-4
ture Partnership Act’’. 5
SEC. 2. FINDINGS AND PURPOSE. 6
(a) F
INDINGS.—Congress finds the following: 7
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(1) A significant percentage of federally im-1
pacted local educational agencies serve schools with 2
facilities that fall far short of meeting basic life-safe-3
ty standards that ensure a safe learning environ-4
ment for students and staff alike. 5
(2) The American Society of Civil Engineers 6
rated school facilities nationally a D+. Many school 7
buildings of schools served by federally impacted 8
local educational agencies were built more than 65 9
years ago. 10
(3) A 2009 study by the Government Account-11
ability Office found that better school facilities were 12
associated with positive student outcomes in aca-13
demic achievement, attendance, and higher gradua-14
tion rates. A second Government Accountability Of-15
fice study conducted in 2020, concluded that many 16
school facilities of schools served by federally im-17
pacted local educational agencies are in need of re-18
pair, modernization, renovation, or replacement. 19
(4) Data compiled through surveys of federally 20
impacted local educational agencies by both the Na-21
tional Association of Federally Impacted Schools and 22
the National Indian Impacted Schools Association 23
revealed the following: 24
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(A) 65 percent of respondents indicated 1
their facilities are in fair to poor condition. 2
(B) 26 percent of respondents have build-3
ings that are more than 80 years old. 4
(C) 53 percent of respondents have no 5
practical capacity to issue bonds. 6
(D) 82 percent of respondents identified 7
‘‘lack of funds’’ as a reason for delaying con-8
struction projects. Construction costs in rural, 9
many times geographically remote, local edu-10
cational agencies have increased by 30 percent 11
or more in recent years making facility up-12
grades and replacement even more challenging. 13
(5) Local educational agencies with some bond-14
ing capacity or that have access to other sources of 15
funding are still in need of assistance to improve 16
their buildings to ensure a safe learning environ-17
ment. 18
(6) Federally impacted local educational agen-19
cies located in rural settings have generally higher 20
labor costs and transportation costs for workers and 21
materials that have to be brought to a school con-22
struction site than local educational agencies located 23
in an urban setting with school construction costs. 24
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Such costs are normally built in by the contractor 1
affecting the total cost of the project. 2
(7) Teacher recruitment and retention is a 3
major challenge for local educational agencies serv-4
ing students residing on Indian Treaty and Federal 5
trust land as well as land conveyed pursuant to the 6
Alaska Native Claims Settlement Act (43 U.S.C. 7
1601 et seq.). Because there are no private housing 8
or rental units available to non-Tribal members, the 9
local educational agency must build and maintain 10
rental units. Without local educational agency owned 11
housing, the daily commute can be as much as 90 12
miles or more each way. One Arizona local edu-13
cational agency estimated that the cost to rebuild 14
antiquated teacher housing to be $100,000,000. 15
(8) It is common practice that State edu-16
cational agencies compile infrastructure needs in the 17
local educational agencies located in the State. For 18
example, the Hawaii Department of Education has 19
identified more than $2,000,000,000 in needed re-20
pair, renovation, and construction projects to ad-21
dress— 22
(A) structural and health and safety needs; 23
(B) compliance with the Americans with 24
Disabilities Act of 1990 (42 U.S.C. 12101 et 25
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seq.) and title IX of the Education Amend-1
ments of 1972 (20 U.S.C. 1681 et seq.); and 2
(C) various other infrastructure and con-3
struction needs. 4
(b) P
URPOSES.—The purpose of this Act is to provide 5
a collaborative Federal-local community partnership that 6
will provide both Federal and local funding to address the 7
facility needs of federally impacted local educational agen-8
cies. The partnership shall be designed to— 9
(1) provide formula grants to federally im-10
pacted local educational agencies that have no capac-11
ity to issue bonds because of the presence of large 12
parcels of non-taxable Federal property; 13
(2) provide partnership grants requiring a local 14
match to local educational agencies that have a lim-15
ited capacity to provide facility funding; 16
(3) base local matching dollars on the learning 17
opportunity threshold total percentage, as described 18
in subparagraph (B)(i) of section 7003(b)(3) of the 19
Elementary and Secondary Education Act of 1965 20
(20 U.S.C. 7703(b)(3)); and 21
(4) provide grants under section 7007(a) of the 22
Elementary and Secondary Education Act of 1965 23
(20 U.S.C. 7707(a)) to address local educational 24
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agency needs to modernize and provide basic build-1
ing improvements. 2
SEC. 3. IMPACT AID CONSTRUCTION GRANTS AUTHORIZED. 3
(a) F
UNDING ANDSUNSET.— 4
(1) A
UTHORIZATION OF APPROPRIATIONS .— 5
(A) I
N GENERAL.—There are authorized to 6
be appropriated $250,000,000 for the first fis-7
cal year that begins after the date of enactment 8
of this Act, and each of the 3 succeeding fiscal 9
years. 10
(B) D
ESIGNATION.—Of the amount appro-11
priated for each fiscal year, the Secretary of 12
Education shall designate— 13
(i) 75 percent for competitive grants 14
awarded under section 4; and 15
(ii) 25 percent for formula grants 16
awarded under section 5. 17
(2) S
UPPLEMENTAL FUNDING .—The amount 18
authorized under paragraph (1) shall be in addition 19
to any amounts authorized to be appropriated or 20
otherwise made available to carry out section 7007 21
of the Elementary and Secondary Education Act of 22
1965 (20 U.S.C. 7707). 23
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(3) AVAILABILITY OF FUNDS .—Any amounts 1
appropriated under paragraph (1) shall remain 2
available until expended. 3
(4) S
UNSET.—The authority to award grants 4
under this Act shall expire at the end of the 4-year 5
period beginning on the date in which funds are first 6
made available to award a grant under this Act. 7
(b) R
ESERVATION FOR TECHNICALASSISTANCE, 8
M
ANAGEMENT, ANDOVERSIGHT.—From the funds appro-9
priated under subsection (a)(1), the Secretary of Edu-10
cation may reserve not more than half of 1 percent for 11
technical assistance, management, and oversight of the ac-12
tivities carried out with those funds. 13
SEC. 4. COMPETITIVE GRANT AWARDS BASED ON FACILITY 14
CONDITION. 15
The Secretary of Education shall, based on applica-16
tions submitted by local educational agencies under sec-17
tion 6 and eligible for payments under section 7002 of 18
the Elementary and Secondary Education Act of 1965 (20 19
U.S.C. 7702) or section 7003 of the Elementary and Sec-20
ondary Education Act of 1965 (20 U.S.C. 7703), establish 21
a facility condition priority listing for grant awards as fol-22
lows: 23
(1) E
MERGENCY GRANTS PRIORITY ONE .—The 24
Secretary of Education shall award grants, on a 25
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competitive basis, by first identifying those local 1
educational agencies— 2
(A) that have a facility— 3
(i) as certified by a State, county, 4
city, or Tribal official or a licensed archi-5
tect or engineer, that is in violation of a 6
Federal, State, county, city, or Tribal 7
building code representing a health hazard 8
to students and school personnel; 9
(ii) that fails to meet building and 10
classroom standards to ensure the health 11
and safety of students and staff, as set by 12
the Centers for Disease Control and Pre-13
vention, requiring classroom building modi-14
fication or replacement to— 15
(I) ensure quality ventilation sys-16
tems; 17
(II) ensure classroom space to re-18
duce class sizes and ensure social 19
distancing guidelines when required; 20
(III) address structural defi-21
ciencies; and 22
(IV) address other health, safety, 23
and environmental conditions that 24
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would impact the health, safety, and 1
learning ability of students; 2
(iii) that is not in compliance with 3
meeting student capacity standards as re-4
quired by the State, including failure to 5
meet accessibility standards for persons 6
with disabilities; or 7
(iv) that lacks adequate service capac-8
ity or infrastructure necessary to utilize 9
technology to offer a curriculum that 10
meets the current academic standards in 11
the State in which the local educational 12
agency is located; or 13
(B) in the case of local educational agen-14
cies eligible for payments under section 15
7003(a)(1)(C) of the Elementary and Sec-16
ondary Education Act of 1965 (20 U.S.C. 17
7703(a)(1)(C)), that have teacher housing that 18
is in need of repair or new construction to meet 19
the needs of school personnel residing in such 20
housing. 21
(2) E
MERGENCY GRANTS PRIORITY TWO .— 22
After identifying those local educational agencies as 23
described in paragraph (1) for priority in grant 24
awards, the Secretary of Education shall then award 25
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grants, on a competitive basis, by identifying those 1
local educational agencies that— 2
(A) have a facility that— 3
(i) does not meet minimum structural 4
or health and safety standards as adopted 5
by the American Society of Civil Engineers 6
and is considered to be in poor condition 7
and represents a potential health or safety 8
hazard to students and school personnel, 9
including due to— 10
(I) poor indoor air quality; 11
(II) the presence of hazardous 12
and toxic substances and chemicals; 13
(III) the lack of safe drinking 14
water at the tap and water used for 15
meal preparation, including due to the 16
level of lead and other contaminants 17
in such water; 18
(IV) energy and water ineffi-19
ciency; 20
(V) excessive classroom noise; 21
(VI) structural deficiencies; or 22
(VII) other health, safety, and 23
environmental conditions that would 24
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impact the health, safety, and learn-1
ing ability of students; 2
(ii) is not in compliance with meeting 3
student capacity standards as required by 4
the State, including failure to meet accessi-5
bility standards for persons with disabil-6
ities; or 7
(iii) lacks adequate services necessary 8
to utilize technology to offer a curriculum 9
that meets the current academic standards 10
in the State in which the local educational 11
agency is located; or 12
(B) in the case of local educational agen-13
cies eligible for payments under section 14
7003(a)(1)(C) of the Elementary and Sec-15
ondary Education Act of 1965 (20 U.S.C. 16
7703(a)(1)(C)), have an identified need for 17
teacher housing to ensure a safe living environ-18
ment for teachers and their families or a need 19
for repair of existing housing or new construc-20
tion to meet the basic needs of school personnel 21
residing in such housing. 22
SEC. 5. FORMULA GRANTS. 23
From funds designated under section 3(a)(1)(B)(ii), 24
the Secretary of Education shall make payments in ac-25
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cordance with section 7007(a) of the Elementary and Sec-1
ondary Education Act of 1965 (20 U.S.C. 7707(a)), ex-2
cept that— 3
(1) when calculating the total number of 4
weighted student units as described in paragraph 5
(3)(A)(i)(II) of section 7007(a) of the Elementary 6
and Secondary Education of 1965 (20 U.S.C. 7
7707(a)), the Secretary of Education shall also in-8
clude the total number of weighted student units of 9
children described in subparagraphs (B) and (D)(i) 10
of section 7003(a)(1) of such Act for the preceding 11
year for all local educational agencies not meeting 12
the requirements as described in section 13
7007(a)(2)(B) of such Act but that meet the re-14
quirements of section 572(a)(2) of the National De-15
fense Authorization Act for Fiscal Year 2006 (20 16
U.S.C. 7703b(a)(2)); and 17
(2) when calculating the total number of 18
weighted student units as described in section 19
7003(a)(1)(C) of the Elementary and Secondary 20
Education of 1965 (20 U.S.C. 7703(a)(1)(C)), the 21
Secretary of Education shall also include the number 22
of children determined under section 7003(a)(1)(C) 23
of such Act for the preceding school year that con-24
stituted at least 20 percent of the total student en-25
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rollment in the schools of the agency during the pre-1
ceding school year. 2
SEC. 6. APPLICATION. 3
A local educational agency eligible to apply for a 4
grant section 4 that desires to receive a grant shall submit 5
an application at such a time and containing such infor-6
mation as determined appropriate by the Secretary of 7
Education. 8
SEC. 7. AWARD CRITERIA. 9
When awarding a grant under section 4, the Sec-10
retary of Education shall first apply the facility condition 11
priority listing established under such section, and after 12
such priority requirements are applied, the Secretary of 13
Education shall then— 14
(1) first consider those local educational agen-15
cies (or, in the case of a local educational agency 16
that does not have the authority to tax or issue 17
bonds, the agency’s fiscal agent) that have limited or 18
no capacity to issue bonds or have a total assessed 19
value of real property that may be taxed for school 20
purposes of less than $50,000,000; 21
(2) next consider those local educational agen-22
cies not described in paragraph (1) that— 23
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(A) have a total assessed value of real 1
property that may be taxed for school purposes 2
of less than $100,000,000; or 3
(B) have an assessed value of real property 4
that may be taxed for school purposes per stu-5
dent that is less than the average of the as-6
sessed value of real property that may be taxed 7
for school purposes per student in the State in 8
which the local educational agency is located; 9
and 10
(3) finally consider— 11
(A) the number and percentages of chil-12
dren described in subparagraphs (A), (B), (C), 13
and (D) of section 7003(a)(1) of the Elemen-14
tary and Secondary Education Act of 1965 (20 15
U.S.C. 7703(a)(1)) enrolled in the school facil-16
ity to be supported with grant funds; 17
(B) the learning opportunity threshold 18
total percentage as described in subparagraph 19
(B)(i) of section 7003(b)(3) of such Act (20 20
U.S.C. 7703(b)(3)); 21
(C) with respect to local educational agen-22
cies eligible for payments under section 7002 of 23
such Act (20 U.S.C. 7702), the percentage of 24
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land in the local educational agency that is 1
Federal property; 2
(D) the potential use for community pro-3
grams and events in the school facility to be 4
supported with grant funds; 5
(E) the feasibility of project completion 6
within 24 months from the grant award; and 7
(F) the availability of other resources for 8
the proposed project including the use of in- 9
kind contributions. 10
SEC. 8. PAYMENTS. 11
(a) I
NGENERAL.—When making payments for 12
grants awarded under this Act, the Secretary of Education 13
shall comply with the following: 14
(1) Make payment as required in full for those 15
local educational agencies described in section 4(1) 16
with no capacity to issue bonds. 17
(2) Require those local educational agencies not 18
described in paragraph (1) to pay a percentage of 19
the total cost of the project supported with grant 20
funds as follows: 21
(A) For those local educational agencies 22
with a learning opportunity threshold total per-23
centage, as described in subparagraph (B)(i) of 24
section 7003(b)(3) of the Elementary and Sec-25
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ondary Education Act of 1965 (20 U.S.C. 1
7703(b)(3))— 2
(i) that is 80 percent or greater, such 3
agencies shall pay a non-Federal share 4
equal to 10 percent of the total cost of the 5
project; 6
(ii) that is less than 80 percent, but 7
50 percent or greater, such agencies shall 8
pay a non-Federal share equal to 20 per-9
cent of the total cost of the project; and 10
(iii) that is less than 50 percent, such 11
agencies shall pay a non-Federal share 12
equal to 25 percent of the total cost of the 13
project. 14
(B) For those local educational agencies el-15
igible to receive a payment under section 7002 16
of the Elementary and Secondary Education 17
Act of 1965 (20 U.S.C. 7702) that are not de-18
scribed in paragraph (1) of section 4, such 19
agencies shall pay a non-Federal share equal to 20
25 percent of the total cost of the project. 21
(3) Make payment as required in full for those 22
local educational agencies described in paragraph (1) 23
or (2) of section 4, whose payment is $5,000,000 or 24
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less for the year in which they are to receive the 1
grant. 2
(4) Make payment to those local educational 3
agencies described in paragraph (1) or (2) of section 4
4, whose payment is more than $5,000,000 for the 5
year in which they are to receive the grant, after 6
final drawings and specifications have been approved 7
by the Secretary of Education and the construction 8
contract has been entered into, in accordance with 9
requirements as determined by the Secretary of 10
Education and at such times and in such install-11
ments as may be reasonable. 12
(b) R
EDISTRIBUTION OF PAYMENTS.—Any funds 13
paid to a local educational agency under this Act and not 14
expended, by such a time as determined by the Secretary 15
of Education, for the purposes for which such funds are 16
paid shall be redistributed to make payments under sec-17
tion 7007(a) of the Elementary and Secondary Education 18
Act of 1965 (20 U.S.C. 7707(a)). 19
SEC. 9. GENERAL PROVISIONS. 20
(a) U
SE OFFUNDS.— 21
(1) A
UTHORIZED ACTIVITIES .—Grant funds 22
under this Act may be used for one or more of the 23
following: 24
(A) Construction. 25
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(B) Renovation. 1
(C) Repair of school facilities. 2
(2) I
N-KIND CONTRIBUTIONS .—A local edu-3
cational agency may use in-kind contributions to 4
meet the non-Federal share requirement under sec-5
tion 8(a)(2). 6
(3) P
ROHIBITIONS ON USE OF FUNDS .—A local 7
educational agency may not use a grant awarded 8
under paragraph (1) or (2) of section 4 for— 9
(A) a project for a school facility for which 10
the agency does not have— 11
(i) full title; 12
(ii) a long-term Tribal lease agree-13
ment; or 14
(iii) another interest as defined in reg-15
ulation by the Secretary of Education; and 16
(B) the acquisition of real property. 17
(4) S
UPPLEMENT, NOT SUPPLANT.—A local 18
educational agency shall use funds awarded under 19
this Act only to supplement the amount of funds 20
that would, in the absence of the Federal funds pro-21
vided under the grant, be made available from non- 22
Federal sources to carry out construction, renova-23
tion, or repairs of school facilities as described in 24
this Act and not to supplant such funds. 25
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(b) ANNUALREPORT ONGRANTPROGRAM.—Not 1
later than September 30 of the first fiscal year that begins 2
after the Secretary of Education first awards grants under 3
this Act and each fiscal year thereafter, the Secretary of 4
Education shall submit to the appropriate congressional 5
committees, and make publicly available, a report on the 6
projects carried out with funds made available under this 7
Act. 8
(c) C
ARRY-OVER OFCERTAINAPPLICATIONS.— 9
(1) I
N GENERAL.—A local educational agency 10
that applies for a grant under this Act for a fiscal 11
year and does not receive the grant for the fiscal 12
year shall have the application for the grant consid-13
ered for the following fiscal year not to exceed the 14
end of the 4-year period as described in paragraph 15
(4) of section 3(a), subject to the priority require-16
ments of paragraphs (1) and (2) of section 4. 17
(2) P
RIORITY LISTING.—The Secretary of Edu-18
cation shall— 19
(A) maintain a priority listing of local edu-20
cational agencies meeting the eligibility require-21
ments found in— 22
(i) paragraph (1) of section 4; and 23
(ii) paragraph (2) of section 4; and 24
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(B) update the listing for each of para-1
graphs (1) and (2) of section (4), including 2
those local educational agencies that applied for 3
the previous fiscal year, but were not funded 4
and for those agencies applying the succeeding 5
fiscal year. 6
(d) L
OCALEDUCATIONALAGENCYDEFINED.—In 7
this Act, the term ‘‘local educational agency’’ has the 8
meaning given the term in section 7013 of the Elementary 9
and Secondary Education Act of 1965 (20 U.S.C. 7713). 10
Æ
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