```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4316 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4316

   To improve the quality of public elementary and secondary school 
  libraries, media centers, and facilities in order to help meet the 
                       National Education Goals.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 1994

  Mr. Owens introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
   To improve the quality of public elementary and secondary school 
  libraries, media centers, and facilities in order to help meet the 
                       National Education Goals.

    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 ``Education Infrastructure Act of 
1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) improving the quality of public elementary and 
        secondary school libraries, media centers, and facilities will 
        help our Nation meet the National Education Goals;
            (2) Federal, State, and local funding for the repair, 
        renovation, alteration and construction of public elementary 
        and secondary school libraries, media centers, and facilities 
        has not adequately reflected need; and
            (3) the challenges facing our Nation's public elementary 
        and secondary schools require the concerted and collaborative 
        efforts of all levels of government and all sectors of the 
        community.

SEC. 3. PURPOSE.

    It is the purpose of this Act to help our Nation meet the National 
Education Goals through the repair, renovation, alteration and 
construction of public elementary and secondary school libraries, media 
centers, and facilities, used for academic or vocational instruction.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``alteration'' refers to any change to an 
        existing property for use for a different purpose or function;
            (2) the term ``construction'' refers to the erection of a 
        building, structure, or facility, including the concurrent 
        installation of equipment, site preparation, associated roads, 
        parking, and utilities, which provides area or cubage not 
        previously available, including--
                    (A) freestanding structures, additional wings, or 
                floors, enclosed courtyards or entryways, and any other 
                means to provide usable program space that did not 
                previously exist; and
                    (B) the complete replacement of an existing 
                facility;
            (3) the term ``eligible local educational agency'' means a 
        local educational agency, as such term is defined in section 
        1471 of the Elementary and Secondary Education Act of 1965, 
        which demonstrates in the application submitted under section 7 
        that such agency--
                    (A) has urgent repair, renovation, alteration and 
                construction needs for its public elementary or 
                secondary school libraries, media centers, and 
                facilities, used for academic or vocational 
                instruction; and
                    (B) serves large numbers or percentages of 
                disadvantaged students;
            (4) the term ``renovation'' refers to any change to an 
        existing property to allow its more efficient use within such 
        property's designated purpose;
            (5) the term ``repair'' refers to the restoration of a 
        failed or failing real property facility, component, or a 
        building system to such a condition that such facility, 
        component, or system may be used effectively for its designated 
        purpose, if, due to the nature or extent of the deterioration 
        or damage to such facility, component, or system, such 
        deterioration or damage cannot be corrected through normal 
        maintenance; and
            (6) the term ``Secretary'', unless otherwise specified, 
        means the Secretary of Education.

SEC. 5. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION 
              FACILITIES PROGRAM AUTHORIZED.

    (a) Program Authority.--From amounts appropriated pursuant to the 
authority of subsection (b) in any fiscal year, the Secretary shall 
award grants to eligible local educational agencies having applications 
approved under section 6 to carry out the authorized activities 
described in section 7.
    (b) Authorization of Appropriations.--There are to be appropriated 
$600,000,000 for fiscal year 1995, and such sums as may be necessary 
for each of the fiscal years 1996 through 2004, to carry out this Act.

SEC. 6. APPLICATIONS.

    (a) Contents Required.--Each eligible local educational agency 
desiring to receive a grant under this Act shall submit an application 
to the Secretary. Each such application shall--
            (1) contain an assurance that such application was 
        developed in consultation with parents and classroom teachers; 
        and
            (2) include--
                    (A) a description of each architectural, civil, 
                structural, mechanical, electrical, or telephone line, 
                deficiency to be corrected with funds provided under 
                this Act, including the priority for the repair of the 
                deficiency;
                    (B) a description of the corrective action to be 
                supported with funds provided under this Act;
                    (C) a cost estimate of the proposed corrective 
                action;
                    (D) an identification of the total amount and 
                percentage of such agency's budget used in the 
                preceding fiscal year for the maintenance, repair, 
                renovation, alteration, and construction of public 
                elementary and secondary school libraries, media 
                centers, and facilities;
                    (E) a description of how such agency plans to 
                maintain the repair, renovation, alteration, or 
                construction supported with funds provided under this 
                Act;
                    (F) a description of the extent to which the 
                repair, renovation, alteration, or construction will 
                help the Secretary meet the goals described in section 
                9(1)(A); and
                    (G) such other information as the Secretary may 
                reasonably require.
    (b) Priorities in Selection of Applications.--In selecting 
applications for the award of grant funds under this Act, the Secretary 
shall give priority to local educational agencies that--
            (1) are seeking funds for the repair, renovation, 
        alteration, or construction of facilities that are the oldest 
        for which funds are sought under this Act;
            (2) have the highest number of facilities with health and 
        safety hazards from one or more of the following sources: 
        asbestos, lead, radon, plumbing, electrical wiring; and
            (3) serve areas with high rates of unemployment.

SEC. 7. AUTHORIZED ACTIVITIES.

    Each eligible local educational agency receiving a grant under this 
Act shall use such grant funds to help our Nation meet the National 
Education Goals 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, 
including--
            (1) inspection of such library, center, or facility;
            (2) repairing such library, center, or facility that poses 
        a health or safety risk to students;
            (3) upgrading of and alteration to such library, center, or 
        facility in order to accommodate new instructional technology;
            (4) meeting the requirements of section 504 of the 
        Rehabilitation Act of 1973 and the Americans with Disabilities 
        Act of 1990;
            (5) removal or containment of severely hazardous material 
        such as asbestos, lead, and radon using a cost-effective 
        method;
            (6) installation or upgrading of school security and 
        communications systems;
            (7) energy conservation;
            (8) meeting Federal, State, or local codes related to fire, 
        air, light, noise, waste disposal, building height, or other 
        codes passed since the initial construction of such library, 
        center, or facility; and
            (9) replacing an old library, center, or facility that is 
        most cost-effectively torn down rather than renovated.

SEC. 8. REQUIREMENTS.

    (a) Special Rules.--
            (1) Maintenance of effort.--An eligible 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.
            (2) Supplement not supplant.--An eligible local educational 
        agency shall use funds received under this Act 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 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 
        Act shall be used for the acquisition of any interest in real 
        property.
            (2) Maintenance.--Nothing in this Act 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 Act.
            (3) 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.
            (4) Applicability of laws regarding individuals with 
        disabilities.--Sections 504 and 505 of the Rehabilitation Act 
        of 1973 and the Americans with Disabilities Act of 1990 shall 
        apply to projects carried out with Federal funds provided under 
        this Act.

SEC. 9. CONTRACTS.

    If a project assisted under this Act will be carried out pursuant 
to a contract, the following limitations shall apply:
            (1) Minority participation.--The Secretary shall 
        establish--
                    (A) goals for the participation of small business 
                concerns as contractors or subcontractors that meet or 
                exceed the governmentwide goals established pursuant to 
                section 15(g)(1) of the Small Business Act (15 U.S.C. 
                644(g)(1)) for the participation of such concerns in 
                contracts supported with funds under this Act (and 
                subcontracts under such contracts); and
                    (B) an evaluation process for such participation 
                that gives significant weight to the goals described in 
                subparagraph (A).
            (2) Davis-bacon.--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 Act, 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. 10. TECHNICAL ASSISTANCE.

    The comprehensive regional centers established under section 2203 
of the Elementary and Secondary Education Act of 1965 may provide 
assistance in the repair, renovation, alteration, and construction of 
public elementary or secondary school libraries, media centers, or 
facilities to eligible local educational agencies receiving assistance 
under this Act.

SEC. 11. FEDERAL ASSESSMENT.

    The Secretary shall reserve not more than 1 percent of funds 
appropriated pursuant to the authority of section 5(b)--
            (1) to collect such data as the Secretary determines 
        necessary at the school, local, and State levels; and
            (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 Act; and
                    (B) evaluate the state of American public 
                elementary and secondary school libraries, media 
                centers, and facilities; and
            (3) to report to the Congress by July 1, 1997, regarding 
        the findings of the studies and evaluations described in 
        paragraph (2).

                                 <all>
```