[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 897 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 897

To provide matching grants for the construction, renovation and repair 
 of school facilities in areas affected by Federal activities, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 1999

 Mr. Baucus (for himself and Mr. Hagel) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To provide matching grants for the construction, renovation and repair 
 of school facilities in areas affected by Federal activities, 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; FINDINGS; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Federally Impacted 
School Improvement Act''.
    (b) Findings.--Congress makes the following findings:
            (1) In 1950 Congress recognized its obligation, through the 
        passage of Public Law 81-815, to provide school construction 
        funding for local educational agencies impacted by the presence 
        of Federal activities.
            (2) The conditions of federally impacted school facilities 
        providing educational programs to children in areas where the 
        Federal Government is present have deteriorated to such an 
        extent that the health and safety of the children served by 
        such agencies is being compromised, and the school conditions 
        have not kept pace with the increase in student population 
        causing classrooms to become severely overcrowded and children 
        to be educated in trailers.
            (3) Local educational agencies in areas where there exists 
        a significant Federal presence have little if any capacity to 
        raise local funds for purposes of capital construction, 
        renovation and repair due to the nontaxable status of Federal 
        land.
            (4) The need for renewed support by the Federal Government 
        to help federally connected local educational agencies 
        modernize their school facilities is far greater in 2000 than 
        at any time since 1950.
            (5) Federally connected local educational agencies and the 
        communities the agencies serve are willing to commit local 
        resources when available to modernize and replace existing 
        facilities, but do not always have the resources available to 
        meet their total facility needs due to the nontaxable presence 
        of the Federal Government.
            (6) Due to the conditions described in paragraphs (1) 
        through (5) there is in 1999, as there was in 1950, a need for 
        Congress to renew its obligation to assist federally connected 
        local educational agencies with their facility needs.
    (c) Purpose.--The purpose of this Act is to provide matching grants 
to local educational agencies for the modernization of minimum school 
facilities that are urgently needed because--
            (1) the existing school facilities of the agency are in 
        such disrepair that the health and safety of the students 
        served by the agency is threatened; and
            (2) increased enrollment results in a need for additional 
        classroom space.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Modernization.--The term ``modernization'' means the 
        repair, renovation, alteration, or construction of a facility, 
        including--
                    (A) the concurrent installation of equipment; and
                    (B) the complete or partial replacement of an 
                existing facility, but only if such replacement is less 
                expensive and more cost-effective than repair, 
                renovation, or alteration of the facility.
            (2) Facility.--The term ``facility'' means a public 
        structure suitable for use as a classroom, laboratory, library, 
        media center, or related facility, the primary purpose of which 
        is the instruction of public elementary school or secondary 
        school students.
            (3) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965.
            (4) Secretary.--The term ``Secretary'' means--
                    (A) with respect to funds made available under 
                paragraph (1) or (3) of section 4(a) for grants under 
                section 6 or 8, respectively, the Secretary of 
                Education; and
                    (B) with respect to funds made available under 
                paragraph (2) of section (4)(a) for grants under 
                section 6, the Secretary of Defense.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Department of Education to carry out this Act $50,000,000 for fiscal 
year 2001 and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    (b) Prohibition.--None of the funds authorized to be appropriated 
under subsection (a) shall be available to a local educational agency 
to pay the cost of administration of the activities assisted under this 
Act.

SEC. 4. FEDERAL DISTRIBUTION OF FUNDING.

    (a) In General.--From amounts appropriated under section 3(a) for a 
fiscal year the Secretary of Education--
            (1) shall use 45 percent to award grants under section 6 to 
        local educational agencies--
                    (A) that are eligible for assistance under section 
                8002(a); and
                    (B) for which the number of children determined 
                under section 8003(a)(1)(C) of the Elementary and 
                Secondary Education Act of 1965 constitutes at least 25 
                percent of the number of children who were in average 
                daily attendance in the schools of such local 
                educational agency during the school year preceding the 
                school year for which the determination is made;
            (2) shall make available to the Secretary of Defense 45 
        percent to enable the Secretary of Defense to award grants 
        under section 6 to local educational agencies for which the 
        number of children determined under subparagraphs (A), (B), and 
        (D) of section 8003(a)(1) of the Elementary and Secondary 
        Education Act of 1965 constitutes at least 25 percent of the 
        number of children who were in average daily attendance in the 
        schools of such local educational agency during the school year 
        preceding the school year for which the determination is made; 
        and
            (3) shall use 10 percent to award grants under section 8.
    (b) Department of Defense Funding.--
            (1) In general.--Not later than 30 days after the date the 
        Secretary of Education receives funds appropriated under 
        section 3(a) for a fiscal year, the Secretary of Education 
        shall make available to the Secretary of Defense from such 
        funds the portion of such funds described in subsection (a)(2) 
        for the fiscal year. The Secretary of Defense shall use the 
        portion to award grants under section 6 through the Office of 
        Economic Adjustment of the Department of Defense.
            (2) Limitations.--
                    (A) Administrative expenses.--No funds made 
                available under subsection (a)(2) shall be used by the 
                Secretary of Defense to pay the costs of administration 
                of the activities assisted under this Act.
                    (B) Special rate.--No funds made available under 
                subsection (a)(2) shall be used to replace Federal 
                funds provided to enhance the quality of life of 
                dependents of members of the Armed Forces as determined 
                by the Secretary of Defense.

SEC. 5. ELIGIBILITY REQUIREMENTS.

    (a) In General.--A local educational agency shall be eligible to 
receive funds under this Act if--
            (1) the local educational agency is described in paragraph 
        (1) or (2) of section 4(a); and
            (2) the local educational agency--
                    (A) received a payment under section 8002 of the 
                Elementary and Secondary Education Act of 1965 during 
                the fiscal year preceding the fiscal year for which the 
                determination is made, and the assessed value of 
                taxable property per student in the school district of 
                the local educational agency is less than the average 
                of the assessed value of taxable property per student 
                in the State in which the local educational agency is 
                located; or
                    (B) received a basic payment under section 8003(b) 
                of the Elementary and Secondary Education Act of 1965 
                during the fiscal year preceding the fiscal year for 
                which the determination is made, and for which the 
                number of children determined under subparagraphs (A), 
                (B), (C), and (D) of section 8003(a)(1) of the 
                Elementary and Secondary Education Act of 1965 
                constituted at least 25 percent of the number of 
                children who were in average daily attendance in the 
                schools of such local educational agency during the 
                school year preceding the school year for which the 
                determination is made.
    (b) Special Rule.--Any local educational agency described in 
subsection (a)(2)(B) may apply for funds under this section for the 
modernization of a facility located on Federal property (as defined in 
section 8013 of the Elementary and Secondary Education Act of 1965) 
only if the Secretary determines that the number of children determined 
under section 8003(a)(1) of the Elementary and Secondary Education Act 
of 1965 who were in average daily attendance in such facility 
constituted at least 50 percent of the number of children who were in 
average daily attendance in the facilities of the local educational 
agency during the school year preceding the school year for which the 
determination is made.

SEC. 6. BASIC GRANTS.

    (a) Award Basis.--From the amounts made available under paragraphs 
(1) and (2) of section 4(a) the Secretary shall award grants to local 
educational agencies on such basis as the Secretary determines 
appropriate, including--
            (1) in the case of a local educational agency described in 
        section 5(a)(2)(A), a high percentage of the property in the 
        school district of the local educational agency is nontaxable 
        due to the presence of the Federal Government;
            (2) in the case of a local educational agency described in 
        section 5(a)(2)(B), a high number or percentage of children 
        determined under subparagraphs (A), (B), (C), and (D) of 
        section 8003(a)(1) of the Elementary and Secondary Education 
        Act of 1965;
            (3) the extent to which the local educational agency lacks 
        the fiscal capacity, including the ability to raise funds 
        through the full use of the local educational agency's bonding 
        capacity and otherwise, to undertake the modernization project 
        without Federal assistance;
            (4) the need for modernization to meet--
                    (A) the threat the condition of the facility poses 
                to the safety and well-being of students;
                    (B) the requirements of the Americans with 
                Disabilities Act of 1990;
                    (C) the costs associated with asbestos removal, 
                energy conservation, and technology upgrading; and
                    (D) overcrowding conditions as evidenced by the use 
                of trailers and portable buildings and the potential 
                for future overcrowding because of increased 
                enrollment;
            (5) the facility needs of the local educational agency 
        resulting from the acquisition or construction of military 
        family housing under subchapter IV of chapter 169 of title 10, 
        United Sates Code, and other actions of the Federal Government 
        that cause an adverse impact on the facility needs of the local 
        educational agency; and
            (6) the age of the facility to be modernized regardless of 
        whether the facility was originally constructed with funds 
        authorized under Public Law 81-815.
    (b) Grant Amount.--In determining the amount of a grant the 
Secretary shall--
            (1) consider the relative costs of the modernization;
            (2) determine the cost of a project based on the local 
        prevailing cost of the project;
            (3) require that the Federal share of the cost of the 
        project shall not exceed 50 percent of the total cost of the 
        project;
            (4) not provide a grant in an amount greater than 
        $3,000,000 over any 5-year period; and
            (5) take into consideration the amount of cash available to 
        the local educational agency.
    (c) Administration of Grants.--In awarding grants under this 
section the Secretary shall--
            (1) establish by regulation the date by which all 
        applications are to be received;
            (2) consider in-kind contributions when calculating the 50 
        percent matching funds requirement described in subsection 
        (b)(3); and
            (3) subject all applications to a review process.
    (d) Section 8007 Funding.--In awarding grants under this section, 
the Secretary shall not take into consideration any funds received 
under section 8007 of the Elementary and Secondary Education Act of 
1965.

SEC. 7. APPLICATIONS REQUIRED.

    (a) In General.--Each local educational agency desiring a grant 
under this Act shall submit an application to the Secretary.
    (b) Contents.--Each application shall contain--
            (1) a listing of the school facilities to be modernized, 
        including the number and percentage of children determined 
        under section 8003(a)(1) of the Elementary and Secondary 
        Education Act of 1965 in average daily attendance in each 
        facility;
            (2) a description of the ownership of the property on which 
        the current facility is located or on which the planned 
        facility will be located;
            (3) a description of each architectural, civil, structural, 
        mechanical, or electrical deficiency to be corrected with funds 
        provided under this Act, including the priority for the repair 
        of the deficiency;
            (4) a description of any facility deficiency that poses a 
        health or safety hazard to the occupants of the facility and a 
        description of how that deficiency will be repaired;
            (5) a description of the criteria used by the local 
        educational agency to determine the type of corrective action 
        necessary to meet the purposes of this Act;
            (6) a description of the modernization to be supported with 
        funds provided under this Act;
            (7) a cost estimate of the proposed modernization;
            (8) an identification of other resources (such as unused 
        bonding capacity), if applicable, that are available to carry 
        out the modernization, and an assurance that such resources 
        will be used for the modernization;
            (9) a description of how activities assisted with funds 
        provided under this Act will promote energy conservation; and
            (10) such other information and assurances as the Secretary 
        may reasonably require.
    (c) Continuing Consideration.--A local educational agency that 
applies for assistance under this Act (other than section 8) for any 
fiscal year and does not receive the assistance shall have the 
application for the assistance considered for the following 5 fiscal 
years.

SEC. 8. EMERGENCY GRANTS.

    (a) Waiver of Matching Requirement.--From the amount made available 
under section 4(a)(3) the Secretary shall award grants to any local 
educational agency for which the number of children determined under 
section 8003(a)(1)(C) constituted at least 50 percent of the number of 
children who were in average daily attendance in the schools of such 
agency during the school year preceding the school year for which the 
determination is made, if the Secretary determines a facility emergency 
exists that poses a health or safety hazard to the students and school 
personnel assigned to the facility.
    (b) Certification of Emergency.--In addition to meeting the 
requirements of section 7, a local educational agency desiring funds 
under this section shall include in the application submitted under 
section 7 a signed statement from a State official certifying that a 
health or safety deficiency exists.
    (c) Grant Amount; Prioritization Rules; Continuing Consideration.--
            (1) Grant amount.--In determining the amount of grant 
        awards under this section, the Secretary shall make every 
        effort to fully meet the facility needs of the local 
        educational agencies applying for funds under this section.
            (2) Prioritization rule.--If the Secretary receives more 
        than 1 application under this section for any fiscal year, the 
        Secretary shall prioritize the applications based on when an 
        application was received and the severity of the emergency as 
        determined by the Secretary.
            (3) Continuing consideration.--A local educational agency 
        that applies for assistance under this section for any fiscal 
        year and does not receive the assistance shall have the 
        application for the assistance considered for the following 
        fiscal year, subject to the prioritization requirement 
        described in paragraph (2).

SEC. 9. REQUIREMENTS.

    (a) Maintenance of Effort.--A local educational agency may receive 
a grant under this Act for any fiscal year only if the Secretary finds 
that either the combined fiscal effort per student or the aggregate 
expenditures of that agency and the State with respect to the provision 
of free public education by such local educational agency for the 
preceding fiscal year was not less than 90 percent of such combined 
fiscal effort or aggregate expenditures for the fiscal year for which 
the determination is made.
    (b) Supplement Not Supplant.--An eligible local educational agency 
shall use funds received under this subsection only to supplement the 
amount of funds that would, in the absence of such Federal funds, be 
made available from non-Federal sources for the modernization of school 
facilities used for educational purposes, and not to supplant such 
funds.

SEC. 10. GENERAL LIMITATIONS.

    (a) Real Property.--No part of any grant funds awarded under this 
Act shall be used for the acquisition of any interest in real property.
    (b) Maintenance.--Nothing in this Act shall be construed to 
authorize the payment of maintenance costs in connection with any 
facilities modernized in whole or in part with Federal funds provided 
under this Act.
    (c) Environmental Safeguards.--All projects carried out with 
Federal funds provided under this Act shall comply with all relevant 
Federal, State, and local environmental laws and regulations.
    (d) Athletic and Similar Facilities.--No funds received under this 
Act shall be used for outdoor stadiums or other facilities that are 
primarily used for athletic contests or exhibitions, or other events, 
for which admission is charged to the general public.
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