HR 728 IH

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.

February 27, 2001

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

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.

Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows:

`SEC. 12001. PROGRAM AUTHORIZED.

`(a) IN GENERAL- From the amount appropriated for any fiscal year to carry out this title, 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 12002.

`(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. 12002. 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. 12003. 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. 12004. 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-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. 12005. 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. 12006. 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. 12007. 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. 12008. 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. 12009. 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.'.

END