[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5928 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5928

 To direct the Secretary of Education to make grants and low-interest 
       loans to local educational agencies for the construction, 
   modernization, or repair of public kindergarten, elementary, and 
       secondary educational facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

    Mr. Chandler (for himself, Mr. George Miller of California, Ms. 
    Woolsey, Ms. McCollum of Minnesota, Mr. Conyers, Mr. Holt, Mr. 
 Hinojosa, Mr. Gonzalez, Mr. Case, Mr. Owens, Mr. Holden, Mr. Davis of 
Illinois, Mrs. Tauscher, Mr. Moore of Kansas, Mr. Stark, Mr. Costa, and 
  Mr. Payne) 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 and low-interest 
       loans to local educational agencies for the construction, 
   modernization, or repair of public kindergarten, elementary, and 
       secondary educational 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.

    This Act may be cited as the ``21st Century High-Performing Public 
School Facilities Act of 2006''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
     TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES

Subtitle A--Grants for Construction, Modernization, or Repair of School 
                               Facilities

Sec. 101. Grants.
Sec. 102. Allocation of funds.
Sec. 103. Priority; criteria for awarding grants.
Sec. 104. Authorized matching requirement.
Sec. 105. Allowable uses of funds.
Sec. 106. Application for grant.
  Subtitle B--Low-Interest Loans for Construction, Modernization, or 
                      Repair of School Facilities

Sec. 111. Low-interest loans.
Sec. 112. Revolving fund.
                     Subtitle C--General Provisions

Sec. 121. Impermissible uses of funds.
Sec. 122. Supplement, not supplant.
Sec. 123. Maintenance of effort.
Sec. 124. Special rule.
Sec. 125. Fair wages.
Sec. 126. Reporting.
Sec. 127. Authorization of appropriations.
                TITLE II--EDUCATIONAL TECHNOLOGY FUNDING

Sec. 201. Educational technology funding.

SEC. 3. FINDINGS.

    The Congress finds the following:
            (1) The average public school building was built in the 
        early 1960's.
            (2) Of the Nation's public school buildings, at least one-
        third need extensive repair or replacement and two-thirds have 
        troublesome environmental conditions such as the presence of 
        asbestos or lead in water and paint.
            (3) In its 2005 report card on the Nation's physical 
        infrastructure, the American Society of Civil Engineers gave 
        our schools a D.
            (4) The Nation's public schools need hundreds of billions 
        of dollars in construction, modernization, and repair to bring 
        them up to modern structural, educational (including 
        educational technology and educational technology 
        infrastructure), and health standards.
            (5) Improving the quality of public elementary and 
        secondary school facilities to make them safe, healthy, high-
        performing, and up-to-date technologically will help students 
        improve their academic performance and will improve teacher 
        retention.
            (6) Improving the quality of public elementary and 
        secondary school facilities is a matter of national importance, 
        and the Federal government must do more to help States and 
        school districts fulfill their responsibilities in this area.

SEC. 4. 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 5210 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7221i).
            (3) The term ``local educational agency''--
                    (A) has the meaning given to that term in section 
                9101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801); and
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law.
            (4) 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.
            (5) The term ``Secretary'' means the Secretary of 
        Education.
            (6) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

     TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES

Subtitle A--Grants for Construction, Modernization, or Repair of School 
                               Facilities

SEC. 101. GRANTS.

    Each fiscal year, the Secretary of Education shall make grants to 
local educational agencies in each State for the purpose of 
constructing, modernizing, or repairing public kindergarten, 
elementary, and secondary educational facilities that are safe, 
healthy, high-performing, and up-to-date technologically.

SEC. 102. ALLOCATION OF FUNDS.

    (a) Reservation.--From the amount appropriated to carry out this 
subtitle for each fiscal year pursuant to section 127, the Secretary 
shall reserve 1 percent of such amount, consistent with the purpose 
described in section 101--
            (1) to provide assistance to the outlying areas; and
            (2) for payments to the Secretary of the Interior to 
        provide assistance to Bureau-funded schools.
    (b) Allocation of Grants.--
            (1) State-by-state allocation.--From the amount 
        appropriated to carry out this subtitle for each fiscal year 
        pursuant to section 127, and not reserved under subsection (a), 
        the Secretary shall reserve for grants to local educational 
        agencies in each State an aggregate amount in proportion to the 
        aggregate amount received by all local educational agencies in 
        the State involved 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) Within-state allocation.--From the amount reserved for 
        grants to local educational agencies in a State under paragraph 
        (1), the Secretary shall reserve for grants to local 
        educational agencies in the State that are receiving assistance 
        under section 1124A of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6334) an aggregate amount that is at 
        least in proportion to the aggregate amount received by such 
        local educational agencies 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 the State 
        under such part for such fiscal year.

SEC. 103. PRIORITY; CRITERIA FOR AWARDING GRANTS.

    (a) Priority.--In awarding grants to local educational agencies 
under this subtitle, the Secretary shall give priority to local 
educational agencies with greater--
            (1)(A) numbers of children counted under section 1124(c) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6333(c)); or
            (B) percentages of children served who are counted under 
        section 1124(c) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6333(c)); and
            (2) need for school construction, modernization, or repair, 
        as demonstrated by the condition of the public school 
        facilities.
    (b) Criteria.--In awarding grants to local educational agencies 
under this subtitle, the Secretary shall also consider the following 
criteria:
            (1) The fiscal capacity of a local educational agency to 
        meet its needs for construction, modernization, and repair of 
        public school facilities without assistance under this 
        subtitle, including the ability of the local educational agency 
        to raise funds through the use of local bonding capacity and 
        otherwise.
            (2) In the case of a local educational agency that proposes 
        to fund a construction, modernization, or repair project for 
        one or more public charter schools, the extent to which the 
        schools have access to funding for the project through the 
        financing methods available to other public schools or local 
        educational agencies in the State.
            (3) The likelihood that the local educational agency will 
        maintain, in good condition, any facility whose construction, 
        modernization, or repair is assisted under this subtitle.
            (4) The local educational agency's plan to obtain private 
        business contributions described in section 1397E(d)(2)(B) of 
        the Internal Revenue Code of 1986 (26 U.S.C. 1397E(d)(2)(B)), 
        except that an otherwise qualified local educational agency 
        shall not be denied a grant as a result of its inability to 
        obtain such contributions despite its good faith efforts.

SEC. 104. AUTHORIZED MATCHING REQUIREMENT.

    (a) In General.--The Secretary shall require a local educational 
agency to contribute matching funds toward the costs of the program to 
be carried out with a grant received by the agency under this subtitle.
    (b) Match Amount.--The Secretary shall establish the amount of 
matching funds to be provided by a local educational agency under this 
section by using a sliding scale that takes into account the relative 
poverty of the population served by the local educational agency.
    (c) Determination of Amount Contributed.--The Secretary shall allow 
a local educational agency to satisfy the requirement of this section 
through in-kind contributions.

SEC. 105. ALLOWABLE USES OF FUNDS.

    A local educational agency receiving a grant under this subtitle 
may use the grant for the following:
            (1) Repair or modernization of public school facilities to 
        ensure the health and safety of students and staff, including--
                    (A) repairing, replacing, or installing roofs, 
                electrical wiring, plumbing systems, sewage systems, 
                windows, or doors;
                    (B) repairing, replacing, or installing heating, 
                ventilation, or air conditioning systems (including 
                insulation); and
                    (c) bringing public schools into compliance with 
                fire and safety codes.
            (2) 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), except 
        that such modifications shall not be the primary use of the 
        grant.
            (3) Asbestos abatement or removal from public school 
        facilities.
            (4) Implementation of measures designed to reduce or 
        eliminate human exposure to lead-based paint hazards though 
        methods including interim controls, abatement, or a combination 
        of each.
            (5) Upgrading or installation of educational technology and 
        educational technology infrastructure to ensure that students 
        have access to up-to-date educational technology.
            (6) Upgrading school facilities to make them energy-
        efficient.
            (7) Construction of new school facilities that ensure the 
        health and safety of students and staff, are energy-efficient, 
        and include up-to-date educational technology and educational 
        technology infrastructure, including where such construction is 
        economically or otherwise more feasible than large scale 
        modernization or repair of existing facilities.

SEC. 106. APPLICATION FOR GRANT.

    (a) Applications Required.--A local educational agency desiring to 
receive a grant under this subtitle shall submit an application to the 
Secretary as such time, in such manner, and containing such information 
as the Secretary may reasonably require.
    (b) Application Contents.--Each application described in subsection 
(a) shall contain--
            (1) an assurance that the application was developed in 
        consultation with parents and classroom teachers;
            (2) a description of the overall condition of the local 
        educational agency's school facilities, including health and 
        safety problems;
            (3) a description of the capacity of the local educational 
        agency's schools to house current and projected enrollments;
            (4) a description of the extent to which the local 
        educational agency's schools offer the physical infrastructure, 
        including for educational technology, needed to provide all 
        students a high-quality education;
            (5) a description of the improvements to be supported with 
        funds provided under this subtitle;
            (6) a cost estimate of the proposed improvements;
            (7) an identification of other resources that are available 
        to carry out the activities for which funds are requested under 
        this subtitle; and
            (8) such other information and assurances as the Secretary 
        may reasonably require.

  Subtitle B--Low-Interest Loans for Construction, Modernization, or 
                      Repair of School Facilities

SEC. 111. LOW-INTEREST LOANS.

    (a) Authority and Conditions for Loans.--Each fiscal year, the 
Secretary shall make low-interest loans to local educational agencies 
for the construction, modernization, or repair of public kindergarten, 
elementary, and secondary educational facilities that are safe, 
healthy, high-performing, and up-to-date technologically.
    (b) Priority; Criteria for Approving Loans.--
            (1) Priority.--In making loans under this subtitle, the 
        Secretary shall give priority to local educational agencies 
        described in section 103(a).
            (2) Criteria.--In making loans under this subtitle, the 
        Secretary shall also consider the criteria specified in section 
        103(b).
    (c) Allowable Uses of Funds.--A local educational agency receiving 
a loan under this subtitle may use the loan for any of the activities 
described in section 105.
    (d) Amount and Conditions of Loans.--In making loans under this 
subtitle, the Secretary shall ensure that--
            (1) the amount of a loan does not exceed the total 
        construction, modernization, or repair costs involved, as 
        determined by the Secretary; and
            (2) the loan is secured in such manner and must be repaid 
        within such period, not exceeding 30 years, as may be 
        determined by the Secretary.

SEC. 112. REVOLVING FUND.

    (a) Establishment.--There is established in the Treasury a 
revolving fund to be known as the School Construction, Modernization, 
and Repair Revolving Fund (in this section referred to as the 
``revolving fund'').
    (b) Contents of Fund.--The revolving fund shall consist of--
            (1) any amounts derived from the loan program carried out 
        under this subtitle; and
            (2) any amounts appropriated to carry out this subtitle 
        pursuant to section 127.
    (c) Availability.--The revolving fund shall be available to the 
Secretary, in amounts specified in appropriations Acts and without 
fiscal year limitation, to carry out this subtitle.

                     Subtitle C--General Provisions

SEC. 121. IMPERMISSIBLE USES OF FUNDS.

    No funds received under this title may be used for--
            (1) payment of maintenance costs; or
            (2) stadiums or other facilities primarily used for 
        athletic contests or exhibitions or other events for which 
        admission is charged to the general public.

SEC. 122. SUPPLEMENT, NOT SUPPLANT.

    A local educational agency receiving a grant under subtitle A or a 
loan under subtitle B 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 construction, modernization, and repair 
of public kindergarten, elementary, and secondary educational 
facilities.

SEC. 123. MAINTENANCE OF EFFORT.

    A local educational agency may receive a grant under subtitle A or 
a loan under subtitle B for any fiscal year only if the Secretary finds 
that 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.

SEC. 124. SPECIAL RULE.

    Each local educational agency receiving a grant under subtitle A or 
a loan under subtitle B shall ensure that, if the agency carries out 
construction, modernization, or repair through a contract, the process 
for any such contract ensures the maximum number of qualified bidders, 
including small, minority, and women-owned businesses, through full and 
open competition.

SEC. 125. APPLICATION OF GEPA.

    The grant program under subtitle A and the loan program under 
subtitle B 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. 126. REPORTING.

    (a) Reports by Local Educational Agencies.--Not later than December 
31 of each fiscal year, each local educational agency receiving a grant 
under subtitle A or a loan under subtitle B shall submit to the 
Secretary a report on the agency's use of such grant or loan funds.
    (b) 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 a report on grants 
and loans made under this title, including the Secretary's efforts 
pursuant to sections 103(a) and 111(b)(1), the types of construction, 
modernization, and repair funded, and the number of students impacted, 
including the number of students counted under section 1124(c) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).

SEC. 127. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out subtitles A, B, and C of this title, 
there are authorized to be appropriated $6,400,000,000 for fiscal year 
2007 and such sums as may be necessary for each of fiscal years 2008 
through 2011.
    (b) Allocation.--Of the amount appropriated pursuant to this 
section for each fiscal year--
            (1) not less than 85 percent shall be reserved to carry out 
        subtitle A; and
            (2) not more than 15 percent may be reserved to carry out 
        subtitle B.

                TITLE II--EDUCATIONAL TECHNOLOGY FUNDING

SEC. 201. EDUCATIONAL TECHNOLOGY FUNDING.

    Section 2404(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6754(a)) is amended to read as follows:
    ``(a) In General.--To carry out subparts 1 and 2, there are 
authorized to be appropriated, and there are appropriated, 
$1,000,000,000 for fiscal year 2007.''.
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