[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4252 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4252

    To amend the Elementary and Secondary Education Act of 1965 to 
     authorize grants for the repair, renovation, alteration, and 
   construction of public elementary and secondary school facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2004

 Mr. Andrews introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To amend the Elementary and Secondary Education Act of 1965 to 
     authorize grants for the repair, renovation, alteration, and 
   construction of public elementary and secondary school facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT.

    (a) In General.--The Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) is amended by adding at the end the following:

        ``TITLE X--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

``SEC. 10001. PROGRAM AUTHORIZED.

    ``(a) In General.--From the amount appropriated for any fiscal year 
to carry out this title, the Secretary shall award grants to States and 
local educational agencies with applications approved under this 
section to carry out the authorized activities described in section 
10002.
    ``(b) One-Third Allocated Among States.--
            ``(1) In general.--One-third of the amount appropriated for 
        any fiscal year to carry out this title shall be allocated 
        among the States under paragraph (2) by the Secretary. The 
        amount allocated to a State under the preceding sentence shall 
        be allocated by the State educational agency to local 
        educational agencies within such State and such allocations may 
        be made only if there is an approved State application.
            ``(2) Allocation formula.--The amount to be allocated under 
        paragraph (1) for any fiscal year shall be allocated among the 
        States in proportion to the respective amounts each such State 
        received for basic grants under subpart 2 of part A of title I 
        for the most recently completed fiscal year. For purposes of 
        the preceding sentence, basic grants attributable to large 
        local educational agencies (as defined in subsection (c)), and 
        basic grants attributable to high-growth local educational 
        agencies (as defined in subsection (d)), shall be disregarded.
            ``(3) Minimum allocations to states.--
                    ``(A) In general.--The Secretary shall adjust the 
                allocations under this subsection for any fiscal year 
                for each State to the extent necessary to ensure that 
                the sum of--
                            ``(i) the amount allocated to such State 
                        under this subsection for such year; and
                            ``(ii) the aggregate amounts allocated 
                        under subsections (c) and (d) to local 
                        educational agencies in such State for such 
                        year;
                is not less than an amount equal to such State's 
                minimum percentage of one-third of the amount 
                appropriated for the fiscal year to carry out this 
                title.
                    ``(B) Minimum percentage.--A State's minimum 
                percentage for any fiscal year is the minimum 
                percentage described in section 1124(d) for such State 
                for the most recently completed fiscal year.
            ``(4) Allocations to certain possessions.--The amount to be 
        allocated under paragraph (1) to any outlying area shall be the 
        amount which would have been allocated if all allocations under 
        paragraph (1) were made on the basis of respective populations 
        of individuals below the poverty line (as defined by the Office 
        of Management and Budget). In making other allocations, the 
        amount to be allocated under paragraph (1) shall be reduced by 
        the aggregate amount allocated under this paragraph to the 
        outlying areas.
            ``(5) Approved state application.--For purposes of 
        paragraph (1), the term `approved State application' means an 
        application which is approved by the Secretary and which 
        includes--
                    ``(A) the results of a recent publicly available 
                survey (undertaken by the State with the involvement of 
                local education officials, members of the public, and 
                experts in school construction and management) of such 
                State's needs for public school facilities, including 
descriptions of--
                            ``(i) health and safety problems at such 
                        facilities;
                            ``(ii) the capacity of public schools in 
                        the State to house projected enrollments; and
                            ``(iii) the extent to which the public 
                        schools in the State offer the physical 
                        infrastructure needed to provide a high-quality 
                        education to all students; and
                    ``(B) a description of how the State will allocate 
                to local educational agencies, or otherwise use, its 
                allocation under this subsection to address the needs 
                identified under subparagraph (A), including a 
                description of how it will--
                            ``(i) give highest priority to localities 
                        with the greatest needs, as demonstrated by 
                        inadequate school facilities coupled with a low 
                        level of resources to meet those needs;
                            ``(ii) use its allocation under this 
                        subsection to assist localities that lack the 
                        fiscal capacity to raise funds on their own; 
                        and
                            ``(iii) ensure that its allocation under 
                        this subsection is used only to supplement, and 
                        not supplant, the amount of school 
                        construction, rehabilitation, and repair in the 
                        State that would have occurred in the absence 
                        of such allocation.
        Any allocation under paragraph (1) by a State education agency 
        shall be binding if such agency reasonably determined that the 
        allocation was in accordance with the plan approved under this 
        paragraph.
    ``(c) One-Third Allocated Among Largest School Districts.--
            ``(1) In general.--One-third of the amount appropriated for 
        any fiscal year to carry out this title shall be allocated 
        under paragraph (2) by the Secretary among local educational 
        agencies which are large local educational agencies for such 
        year. An allocation may be made under this subsection to a 
        large local educational agency only if such agency has an 
        approved local application.
            ``(2) Allocation formula.--The amount to be allocated under 
        paragraph (1) for any fiscal year shall be allocated among 
        large local educational agencies in proportion to the 
        respective amounts each such agency received for basic grants 
        under subpart 2 of part A of title I for the most recently 
        completed fiscal year.
            ``(3) Large local educational agency.--For purposes of this 
        section, the term `large local educational agency' means, with 
        respect to a fiscal year, any local educational agency (other 
        than a high-growth local educational agency, as defined in 
        subsection (d)) if such agency is--
                    ``(A) among the 100 local educational agencies with 
                the largest numbers of children aged 5 through 17 from 
                families living below the poverty level, as determined 
                by the Secretary using the most recent data available 
                from the Department of Commerce that are satisfactory 
                to the Secretary; or
                    ``(B) 1 of not more than 25 local educational 
                agencies (other than those described in subparagraph 
                (A)) that the Secretary determines (based on the most 
                recent data available satisfactory to the Secretary) 
                are in particular need of assistance, based on a low 
                level of resources for school construction, a high 
                level of enrollment growth, or such other factors as 
                the Secretary deems appropriate.
            ``(4) Approved local application.--For purposes of 
        paragraph (1), the term `approved local application' means an 
        application which is approved by the Secretary and which 
        includes--
                    ``(A) the results of a recent publicly-available 
                survey (undertaken by the local educational agency with 
                the involvement of school officials, members of the 
                public, and experts in school construction and 
                management) of such agency's needs for public school 
                facilities, including descriptions of--
                            ``(i) the overall condition of the local 
                        educational agency's school facilities, 
                        including health and safety problems;
                            ``(ii) the capacity of the agency's schools 
                        to house projected enrollments; and
                            ``(iii) the extent to which the agency's 
                        schools offer the physical infrastructure 
                        needed to provide a high-quality education to 
                        all students;
                    ``(B) a description of how the local educational 
                agency will use its allocation under this subsection to 
                address the needs identified under subparagraph (A); 
                and
                    ``(C) a description of how the local educational 
                agency will ensure that its allocation under this 
                subsection is used only to supplement, and not 
                supplant, the amount of school construction, 
                rehabilitation, or repair in the locality that would 
                have occurred in the absence of such allocation.
        A rule similar to the rule of the last sentence of subsection 
        (b)(5) shall apply for purposes of this subsection.
    ``(d) One-Third Allocated Among High-Growth School Districts.--
            ``(1) In general.--One-third of the amount appropriated for 
        any fiscal year to carry out this title shall be allocated 
        under paragraph (2) by the Secretary among local educational 
        agencies which are high-growth local educational agencies for 
        such year. An allocation may be made under this subsection to a 
        high-growth local educational agency only if such agency has an 
        approved local application (as defined in subsection (c)(4)). A 
        rule similar to the rule of the last sentence of subsection 
        (b)(5) shall apply for purposes of this subsection.
            ``(2) Allocation formula.--The amount to be allocated under 
        paragraph (1) for any fiscal year shall be allocated among 
        high-growth local educational agencies in proportion to the 
        respective amounts each such agency received for basic grants 
        under subpart 2 of part A of title I for the most recently 
        completed fiscal year.
            ``(3) High-growth local educational agency.--For purposes 
        of this section, the term `high-growth local educational 
        agency' means, with respect to a fiscal year, any local 
        educational agency if--
                    ``(A) there has been at least a 7.5 percent 
                increase in such agency's enrollment during the 5-year 
                period ending with the preceding fiscal year; and
                    ``(B) such enrollment increase exceeds 150 
                students.

``SEC. 10002. AUTHORIZED ACTIVITIES.

    ``(a) In General.--Each entity receiving a grant under this title 
shall use the grant funds only to ensure the health and safety of 
students through the repair, renovation, alteration, and construction 
of a public elementary or secondary school library, media center, or 
facility, used for academic or vocational instruction.
    ``(b) Particular Activities.--Subject to subsection (a), each 
entity receiving a grant under this title may use the grant funds to 
meet the requirements of section 504 of the Rehabilitation Act of 1973 
and the Americans with Disabilities Act of 1990.

``SEC. 10003. GENERAL PROVISIONS.

    ``(a) Budget and Accounting.--In the performance of, and with 
respect to, the functions, powers, and duties under this title, the 
Secretary, notwithstanding the provisions of any other law, shall--
            ``(1) prepare annually and submit a budget program as 
        provided for wholly owned Government corporations by chapter 91 
        of title 31, United States Code; and
            ``(2) maintain a set of accounts which shall be audited by 
        the Comptroller General in accordance with the provisions of 
        chapter 35 of title 31, United States Code, but such financial 
        transactions of the Secretary, as the making of loans and 
        vouchers approved by the Secretary, in connection with such 
        financial transactions shall be final and conclusive upon all 
        officers of the Government.
    ``(b) Use of Funds.--Funds made available to the Secretary pursuant 
to the provisions of this title shall be deposited in a checking 
account or accounts with the Treasurer of the United States. Receipts 
and assets obtained or held by the Secretary in connection with the 
performance of functions under this title, and all funds available for 
carrying out the functions of the Secretary under this title (including 
appropriations therefor, which are hereby authorized), shall be 
available, in such amounts as may from year to year be authorized by 
the Congress, for the administrative expenses of the Secretary in 
connection with the performance of such functions.
    ``(c) Legal Powers.--In the performance of, and with respect to, 
the functions, powers, and duties under this title, the Secretary, 
notwithstanding the provisions of any other law, may--
            ``(1) prescribe such rules and regulations as may be 
        necessary to carry out the purposes of this title;
            ``(2) sue and be sued;
            ``(3) foreclose on any property or commence any action to 
        protect or enforce any right conferred upon the Secretary by 
        any law, contract, or other agreement, and bid for and purchase 
        at any foreclosure or any other sale any property in connection 
        with which the Secretary has made a loan pursuant to this 
        title;
            ``(4) in the event of any such acquisition, notwithstanding 
        any other provision of law relating to the acquisition, 
        handling, or disposal of real property by the United States, 
        complete, administer, remodel and convert, dispose of, lease, 
        and otherwise deal with, such property, but any such 
        acquisition of real property shall not deprive any State or 
        political subdivision of such State civil or criminal 
        jurisdiction in and over such property or impair the civil 
        rights under the State or local laws of the inhabitants on such 
        property;
            ``(5) sell or exchange at public or private sale, or lease, 
        real or personal property, and sell or exchange any securities 
        or obligations, upon such terms as the Secretary may fix;
            ``(6) obtain insurance against loss in connection with 
        property and other assets held; and
            ``(7) include in any contract or instrument made pursuant 
        to this title such other covenants, conditions, or provisions 
        as may be necessary to assure that the purposes of this title 
        will be achieved.
    ``(d) Contracts for Supplies or Services.--Section 3709 of the 
Revised Statutes shall not apply to any contract for services or 
supplies on account of any property acquired pursuant to this title if 
the amount of such contract does not exceed $1,000.
    ``(e) Applicability of Government Corporation Control Act.--The 
provisions of section 9107(a) of title 31, United States Code, which 
are applicable to corporations or agencies subject to chapter 91 of 
such title, shall also be applicable to the activities of the Secretary 
under this title.

``SEC. 10004. FAIR WAGES.

    ``All laborers and mechanics employed by contractors or 
subcontractors in the performance of any contract and subcontract for 
the repair, renovation, alteration, or construction, including painting 
and decorating, of any building or work that is financed in whole or in 
part by a grant under this title, shall be paid wages not less than 
those determined by the Secretary of Labor in accordance with the Act 
of March 3, 1931 (commonly known as the Davis-Bacon Act); as amended 
(40 U.S.C. 276a to 276a-5). The Secretary of Labor shall have the 
authority and functions set forth in reorganization plan of No. 14 of 
1950 (15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 
1934 (commonly known as the Copeland Anti-Kickback Act) as amended (40 
U.S.C. 276c; 48 Stat. 948).

``SEC. 10005. REQUIREMENTS.

    ``(a) Special Rules.--
            ``(1) Maintenance of effort.--An entity may receive a grant 
        under this title for any fiscal year only if the Secretary 
        finds that either the combined fiscal effort per student or the 
        aggregate expenditures of that entity (or, in the case of a 
        local educational agency, that entity and the State), with 
        respect to the provision of free public education by such 
        entity 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.
            ``(2) Supplement not supplant.--An entity shall use funds 
        received under this title 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 repair, renovation, 
        alteration, and construction of school facilities used for 
        educational purposes, and not to supplant such funds.
    ``(b) General Limitations.--
            ``(1) Real property.--No part of any grant funds under this 
        title shall be used for the acquisition of any interest in real 
        property.
            ``(2) Maintenance.--Nothing in this title shall be 
        construed to authorize the payment of maintenance costs in 
        connection with any projects constructed in whole or in part 
        with Federal funds provided under this title.
            ``(3) Environmental safeguards.--All projects carried out 
        with Federal funds provided under this title shall comply with 
        all relevant Federal, State, and local environmental laws and 
        regulations.
            ``(4) Athletic and similar facilities.--No funds received 
        under this title shall be used for 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.

``SEC. 10006. FEDERAL ASSESSMENT.

    ``The Secretary shall reserve not more than 1 percent of the funds 
appropriated to carry out this title for each fiscal year--
            ``(1) to collect such data as the Secretary determines 
        necessary at the school, local, and State levels;
            ``(2) to conduct studies and evaluations, including 
        national studies and evaluations, in order to--
                    ``(A) monitor the progress of projects supported 
                with funds provided under this title; and
                    ``(B) evaluate the state of United States public 
                elementary and secondary school libraries, media 
                centers, and facilities; and
            ``(3) to report to the Congress regarding the findings of 
        the studies and evaluations described in paragraph (2).

``SEC. 10007. TREATMENT OF CHARTER SCHOOLS.

    ``A public charter school that constitutes a local educational 
agency under State law shall be eligible for assistance under this 
title under the same terms and conditions as any other local 
educational agency.

``SEC. 10008. PROMPT PAYMENT OF CONTRACTORS PERFORMING FEDERALLY 
              ASSISTED WORK.

    ``The Secretary shall ensure that recipients of grants under this 
title promptly pay contractors performing federally assisted work, or 
pay interest penalties in the same manner and to the same extent as 
provided in section 3902 of title 31, United States Code (popularly 
known as the `Prompt Payment Act of 1982').

``SEC. 10009. DEFINITIONS.

    ``For the purpose of this title--
            ``(1) the term `construction' means the alteration or 
        renovation of a building, structure, or 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 alteration, 
                renovation, or repair of the facility;
            ``(2) the term `school' 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 and secondary school 
        students.''.
    (b) Clerical Amendment.--The table of contents for the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended 
by adding at the end the following:

        ``TITLE X--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT

``Sec. 10001. Program authorized.
``Sec. 10002. Authorized activities.
``Sec. 10003. General provisions.
``Sec. 10004. Fair wages.
``Sec. 10005. Requirements.
``Sec. 10006. Federal assessment.
``Sec. 10007. Treatment of charter schools.
``Sec. 10008. Prompt payment of contractors performing federally 
                            assisted work.
``Sec. 10009. Definitions.''.
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