II

106TH CONGRESS

1ST SESSION S. 1511

To provide for education infrastructure improvement, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. HARKIN (for himself, Mr. KENNEDY, Mr. DODD, Mr. ROBB, Mr. LEVIN,

Mrs. MURRAY, and Mr. DASCHLE) introduced the following bill; which

was read twice and referred to the Committee on Health, Education,

Labor, and Pensions

A BILL

To provide for education infrastructure improvement, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘21st Century School

5 Modernization Act’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) The General Accounting Office has per9 formed a comprehensive survey of the Nation’s pub10 lic elementary and secondary school facilities and
2

•S 1511 IS

1 has found severe levels of disrepair in all areas of

2 the United States.

3 (2) The General Accounting Office has con4 cluded that more than 14,000,000 children attend

5 schools in need of extensive repair or replacement,

6 7,000,000 children attend schools with life threat7 ening safety code violations, and 12,000,000 chil8 dren attend schools with leaky roofs.

9 (3) The General Accounting Office has found

10 the problem of crumbling schools transcends demo11 graphic and geographic boundaries. At 38 percent of

12 urban schools, 30 percent of rural schools, and 29

13 percent of suburban schools, at least one building is

14 in need of extensive repair or should be completely

15 replaced.

16 (4) The condition of school facilities has a di17 rect effect on the safety of students and teachers

18 and on the ability of students to learn. Academic re19 search has provided a direct correlation between the

20 condition of school facilities and student achieve21 ment. At Georgetown University, researchers have

22 found the test scores of students assigned to schools

23 in poor condition can be expected to fall 10.9 per24 centage points below the test scores of students in

25 buildings in excellent condition. Similar studies have
3

•S 1511 IS

1 demonstrated up to a 20 percent improvement in

2 test scores when students were moved from a poor

3 facility to a new facility.

4 (5) The General Accounting Office has found

5 most schools are not prepared to incorporate modern

6 technology in the classroom. Forty-six percent of

7 schools lack adequate electrical wiring to support the

8 full-scale use of technology. More than a third of

9 schools lack the requisite electrical power. Fifty-six

10 percent of schools have insufficient phone lines for

11 modems.

12 (6) The Department of Education has reported

13 that elementary and secondary school enrollment, al14 ready at a record high level, will continue to grow

15 over the next 10 years, and that in order to accom16 modate this growth, the United States will need to

17 build an additional 6,000 schools.

18 (7) The General Accounting Office has deter19 mined the cost of bringing schools up to good, over20 all condition to be $112,000,000,000, not including

21 the cost of modernizing schools to accommodate

22 technology, or the cost of building additional facili23 ties needed to meet record enrollment levels.

24 (8) Schools run by the Bureau of Indian Affairs

25 (BIA) for Native American children are also in dire
4

•S 1511 IS

1 need of repair and renovation. The General Account2 ing Office has reported that the cost of total inven3 tory repairs needed for BIA facilities is

4 $754,000,000. The December 1997 report by the

5 Comptroller General of the United States states

6 that, ‘‘Compared with other schools nationally, BIA

7 schools are generally in poorer physical condition,

8 have more unsatisfactory environmental factors,

9 more often lack key facilities requirements for edu10 cation reform, and are less able to support computer

11 and communications technology.’’.

12 (9) State and local financing mechanisms have

13 proven inadequate to meet the challenges facing to14 day’s aging school facilities. Large numbers of local

15 educational agencies have difficulties securing fi16 nancing for school facility improvement.

17 (10) The Federal Government has provided re18 sources for school construction in the past. For ex19 ample, between 1933 and 1939, the Federal Govern20 ment assisted in 70 percent of all new school con21 struction.

22 (11) The Federal Government can support ele23 mentary and secondary school facilities without

24 interfering in issues of local control, and should help

25 communities leverage additional funds for the im-
5

•S 1511 IS

1 provement of elementary and secondary school facili2 ties.

3 SEC. 3. PURPOSE.

4 The purpose of this Act is to help the Nation meet

5 the National Education Goals through the provision of

6 Federal funds to enable local educational agencies to meet

7 the costs associated with the improvement of schools with8 in their jurisdiction.

9 SEC. 4. DEFINITIONS.

10 The terms used in this Act have the meanings given

11 the terms in section 14101 of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 8801).

13 TITLE I—SCHOOL MODERNIZA14 TION AND IMPROVEMENT

15 SEC. 101. MODERNIZATION OF PUBLIC ELEMENTARY AND

16 SECONDARY EDUCATION FACILITIES PRO17 GRAM AUTHORIZED.

18 (a) PROGRAM AUTHORITY.—

19 (1) IN GENERAL.—From amounts appropriated

20 under section 110 for any fiscal year, the Secretary

21 shall award grants to eligible local educational agen22 cies with applications approved under section 103 to

23 carry out the authorized activities described in sec24 tion 104.
6

•S 1511 IS

1 (2) SPECIAL RULE.—The Secretary may reserve

2 not more than 1 percent of the amount appropriated

3 under section 110 to provide assistance to Indian

4 schools in accordance with this title.

5 (b) AWARD CATEGORIES.—From the funds appro6 priated to carry out this title for each fiscal year, the Sec7 retary shall award grants to eligible local educational

8 agencies in each of the following categories:

9 (1) Eligible local educational agencies in which

10 the number of students enrolled is less than 2,500.

11 (2) Such agencies in which such number is

12 2,500 or greater but less than 5,000.

13 (3) Such agencies in which such number is

14 5,000 or greater but less than 10,000.

15 (4) Such agencies in which such number is

16 10,000 or greater but less than 25,000.

17 (5) Such agencies in which such number is

18 25,000 or greater but less than 50,000.

19 (6) Such agencies in which such number is

20 50,000 or greater.

21 (c) MAXIMUM AWARD AMOUNTS.—The Secretary

22 shall annually set the maximum award amounts for each

23 category described in subsection (b)(1).
7

•S 1511 IS

1 SEC. 102. AWARD OF GRANTS.

2 (a) CRITERIA.—The Secretary shall award grants

3 under this title on the basis of—

4 (1) high numbers or percentages of the total

5 number of children aged 5 to 17, inclusive, residing

6 in the geographic area served by an eligible local

7 educational agency who are counted under subpart 2

8 of part A of title I of the Elementary and Secondary

9 Education Act of 1965 (20 U.S.C. 6331 et seq.);

10 (2) the extent to which the eligible local edu11 cational agency lacks the fiscal capacity, including

12 the ability to raise funds through the full use of such

13 agency’s bonding capacity and otherwise, to under14 take the project without Federal assistance;

15 (3) the threat the condition of the physical

16 plant poses to the safety and well-being of students;

17 (4) the demonstrated need for the repair, ren18 ovation, alteration, or construction based on the con19 dition of the facility;

20 (5) the age of the facility to be repaired, ren21 ovated, altered, or replaced; and

22 (6) such other criteria as the Secretary may

23 prescribe by regulation.

24 (b) ALLOCATION AMONG CATEGORIES.—The Sec25 retary shall allocate funds under this title among each of
8

•S 1511 IS

1 the categories described in paragraph (1) on such basis

2 as the Secretary determines is appropriate, including—

3 (1) the relative numbers or percentages of stu4 dents counted under subpart 2 of part A of title I

5 of the Elementary and Secondary Education Act of

6 1965 (20 U.S.C. 6331 et seq.); and

7 (2) the relative costs of carrying out activities

8 under this title in eligible local educational agencies

9 in each such category.

10 (c) FREQUENCY OF AWARDS.—No local educational

11 agency may receive more than one grant under this title

12 in any five-year period.

13 (d) SPECIAL RULE.—The Secretary shall only award

14 grants under this title if the Secretary determines that

15 sufficient funds will be provided under this title or from

16 other sources, such as the issuance of bonds, or savings

17 generated from performance contracting, to carry out the

18 activities for which assistance is sought.

19 SEC. 103. APPLICATIONS.

20 (a) APPLICATIONS REQUIRED.—Each eligible local

21 educational agency desiring to receive a grant under this

22 title shall submit an application to the Secretary.

23 (b) APPLICATION CONTENTS.—Each application de24 scribed in subsection (a) shall contain—
9

•S 1511 IS

1 (1) an assurance that the application was devel2 oped in consultation with parents and classroom

3 teachers;

4 (2) a description of each architectural, civil,

5 structural, mechanical, or electrical deficiency to be

6 corrected with funds provided under this title, in7 cluding the priority for the repair of the deficiency;

8 (3) a description of the criteria used by the ap9 plicant to determine the type of corrective action

10 necessary to meet the purpose of this Act;

11 (4) a description of the improvement to be sup12 ported with funds provided under this title;

13 (5) a cost estimate of the proposed improve14 ment;

15 (6) an identification of other resources, such as

16 unused bonding capacity, that are available to carry

17 out the activities for which funds are requested

18 under this title;

19 (7) a description of how activities supported

20 with funds provided under this title will promote en21 ergy conservation; and

22 (8) such other information and assurances as

23 the Secretary may reasonably require.
10

•S 1511 IS

1 SEC. 104. AUTHORIZED ACTIVITIES.

2 (a) IN GENERAL.—Each eligible local educational

3 agency receiving a grant under this title shall use the

4 grant funds only to ensure the health and safety of stu5 dents through the repair, renovation, alteration, or con6 struction of a public elementary school or secondary school

7 facility.

8 (b) PARTICULAR ACTIVITIES.—Subject to subsection

9 (a), each eligible local educational agency receiving a grant

10 under this title may use the grant funds to meet the re11 quirements of section 504 of the Rehabilitation Act of

12 1973 (29 U.S.C. 794) or the Americans with Disabilities

13 Act of 1990 (42 U.S.C. 12101 et seq.).

14 SEC. 105. GENERAL PROVISIONS.

15 (a) BUDGET AND ACCOUNTING.—In the performance

16 of, and with respect to, the functions, powers, and duties

17 under this title, the Secretary, notwithstanding the provi18 sions of any other law, shall—

19 (1) prepare annually and submit a budget pro20 gram as provided for wholly owned Government cor21 porations by chapter 91 of title 31, United States

22 Code; and

23 (2) maintain a set of accounts which shall be

24 audited by the Comptroller General in accordance

25 with the provisions of chapter 35 of title 31, United

26 States Code, but such financial transactions of the
11

•S 1511 IS

1 Secretary, as the making of loans and vouchers ap2 proved by the Secretary, in connection with such fi3 nancial transactions shall be final and conclusive

4 upon all officers of the Federal Government.

5 (b) USE OF FUNDS.—Funds made available to the

6 Secretary pursuant to the provisions of this title shall be

7 deposited in a checking account or accounts with the

8 Treasurer of the United States. Receipts and assets ob9 tained or held by the Secretary in connection with the per10 formance of functions under this title, and all funds avail11 able for carrying out the functions of the Secretary under

12 this title (including appropriations therefore, which are

13 hereby authorized), shall be available, in such amounts as

14 may from year to year be authorized by the Congress, for

15 the administrative expenses of the Secretary in connection

16 with the performance of such functions.

17 (c) LEGAL POWERS.—In the performance of, and

18 with respect to, the functions, powers, and duties under

19 this title, the Secretary, notwithstanding the provisions of

20 any other law, may—

21 (1) prescribe such rules and regulations as may

22 be necessary to carry out the purpose of this Act;

23 (2) sue and be sued;

24 (3) foreclose on any property or commence any

25 action to protect or enforce any right conferred upon
12

•S 1511 IS

1 the Secretary by any law, contract, or other agree2 ment, and bid for and purchase at any foreclosure

3 or any other sale any property in connection with

4 which the Secretary has made a loan pursuant to

5 this part;

6 (4) in the event of any such acquisition, not7 withstanding any other provision of law relating to

8 the acquisition, handling, or disposal of real property

9 by the United States, complete, administer, remodel

10 and convert, dispose of, lease, and otherwise deal

11 with, such property, but any such acquisition of real

12 property shall not deprive any State or political sub13 division of such State civil or criminal jurisdiction in

14 and over such property or impair the civil rights

15 under the State or local laws of the inhabitants on

16 such property;

17 (5) sell or exchange at public or private sale, or

18 lease, real or personal property, and sell or exchange

19 any securities or obligations, upon such terms as the

20 Secretary may fix;

21 (6) obtain insurance against loss in connection

22 with property and other assets held; and

23 (7) include in any contract or instrument made

24 pursuant to this title such other covenants, condi-
13

•S 1511 IS

1 tions, or provisions as may be necessary to assure

2 that the purpose of this Act will be achieved.

3 (d) APPLICABILITY OF GOVERNMENT CORPORATION

4 CONTROL ACT.—The provisions of section 9107(a) of title

5 31, United States Code, which are applicable to corpora6 tions or agencies subject to chapter 91 of such title, shall

7 also be applicable to the activities of the Secretary under

8 this title.

9 SEC. 106. FAIR WAGES.

10 All laborers and mechanics employed by contractors

11 or subcontractors in the performance of any contract and

12 subcontract for the repair, renovation, alteration, or con13 struction, including painting and decorating, of any facil14 ity or work that is financed in whole or in part by a grant

15 under this title, shall be paid wages not less than those

16 determined by the Secretary of Labor in accordance with

17 the Act of March 3, 1931 (commonly known as the Davis18 Bacon Act); as amended (40 U.S.C. 276a–276a–5). The

19 Secretary of Labor shall have the authority and functions

20 set forth in reorganization plan of No. 14 of 1950 (15

21 FR 3176; 64 Stat. 1267) and section 2 of the Act of June

22 1, 1934 (commonly known as the Copeland Anti-Kickback

23 Act) as amended (40 U.S.C. 276c, 48 Stat. 948).

24 SEC. 107. REQUIREMENTS.

25 (a) SPECIAL RULES.—
14

•S 1511 IS

1 (1) MAINTENANCE OF EFFORT.—An eligible

2 local educational agency may receive a grant under

3 this title for any fiscal year only if the Secretary

4 finds that either the combined fiscal effort per stu5 dent or the aggregate expenditures of that agency

6 and the State with respect to the provision of free

7 public education by such local educational agency for

8 the preceding fiscal year was not less than 90 per9 cent of such combined fiscal effort or aggregate ex10 penditures for the fiscal year for which the deter11 mination is made.

12 (2) SUPPLEMENT NOT SUPPLANT.—An eligible

13 local educational agency shall use funds received

14 under this title only to supplement the amount of

15 funds that would, in the absence of such Federal

16 funds, be made available from non-Federal sources

17 for the repair, renovation, alteration, and construc18 tion of school facilities, and not to supplant such

19 funds.

20 (b) GENERAL LIMITATIONS.—

21 (1) REAL PROPERTY.—No part of any grant

22 funds under this title shall be used for the acquisi23 tion of any interest in real property.

24 (2) MAINTENANCE.—Nothing in this title shall

25 be construed to authorize the payment of mainte-
15

•S 1511 IS

1 nance costs in connection with any projects con2 structed in whole or in part with Federal funds pro3 vided under this title.

4 (3) ENVIRONMENTAL SAFEGUARDS.—All

5 projects carried out with Federal funds provided

6 under this title shall comply with all relevant Fed7 eral, State, and local environmental laws and regula8 tions.

9 (4) ATHLETIC AND SIMILAR FACILITIES.—No

10 funds received under this title shall be used for sta11 diums or other facilities that are primarily used for

12 athletic contests or exhibitions or other events for

13 which admission is charged to the general public.

14 SEC. 108. FEDERAL ASSESSMENT.

15 The Secretary shall reserve not more than 1 percent

16 of funds appropriated for each fiscal year under section

17 110—

18 (1) to collect such data as the Secretary deter19 mines necessary at the school, local, and State levels;

20 (2) to conduct studies and evaluations, includ21 ing national studies and evaluations, in order to—

22 (A) monitor the progress of projects sup23 ported with funds provided under this title; and
16

•S 1511 IS

1 (B) evaluate the state of United States

2 public elementary school and secondary school

3 facilities; and

4 (3) to report to Congress by July 1, 2002, re5 garding the findings of the studies and evaluations

6 described in paragraph (2).

7 SEC. 109. DEFINITIONS.

8 For the purpose of this title—

9 (1) the term ‘‘construction’’ includes—

10 (A) the concurrent installation of equip11 ment; and

12 (B) the complete or partial replacement of

13 an existing facility, but only if such replacement

14 is less expensive and more cost-effective than

15 repair, renovation, or alteration of the facility;

16 (2) the term ‘‘eligible local educational agency’’

17 means a local educational agency in which—

18 (A)(i) not less than 15 percent of the chil19 dren that reside in the geographic area served

20 by such agency are eligible to be counted under

21 subpart 2 of part A of title I of the Elementary

22 and Secondary Education Act of 1965 (20

23 U.S.C. 6331 et seq.); or

24 (ii) the United States owns Federal prop25 erty described in section 8013(5), that has an
17

•S 1511 IS

1 assessed value (determined as of the time or

2 times when acquired) aggregating 90 percent or

3 more of the assessed value of all real property

4 in such agency (determined as of the time or

5 times when so acquired); and

6 (B) demonstrates in the application sub7 mitted under section 103 that such agency has

8 urgent repair, renovation, alteration, or con9 struction needs for its public elementary schools

10 or secondary schools facilities; and

11 (3) the term ‘‘facility’’ means a public structure

12 suitable for use as a classroom, laboratory, library,

13 media center, or related facility, the primary purpose

14 of which is the academic or vocational instruction of

15 public elementary school or secondary school stu16 dents.

17 SEC. 110. AUTHORIZATION.

18 There are authorized to be appropriated to carry out

19 this title $200,000,000 for fiscal year 2000 and such sums

20 as may be necessary for each of the 4 succeeding fiscal

21 years.

22 TITLE II—STATE INFRASTRUC23 TURE BANKS FOR SCHOOLS

24 SEC. 201. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

25 (a) ESTABLISHMENT.—
18

•S 1511 IS

1 (1) COOPERATIVE AGREEMENTS.—Subject to

2 the provisions of this section, the Secretary of the

3 Treasury, in consultation with the Secretary of Edu4 cation, may enter into cooperative agreements with

5 States for the establishment of State infrastructure

6 banks and multistate infrastructure banks for mak7 ing loans to local educational agencies for building

8 or repairing elementary schools or secondary schools

9 which provide free public education and to public li10 braries for building or repairing library facilities.

11 (2) INTERSTATE COMPACTS.—Congress con12 sents to 2 or more of the States that have entered

13 into a cooperative agreement under paragraph (1)

14 with the Secretary of the Treasury for the establish15 ment of a multistate infrastructure bank to enter

16 into an interstate compact establishing such bank in

17 accordance with this section.

18 (b) FUNDING.—The Secretary of the Treasury, in

19 consultation with the Secretary of Education, shall make

20 grants to State infrastructure banks and multistate infra21 structure banks in a State that has entered into a coopera22 tive agreement under subsection (a)(1) to provide initial

23 capital for loans provided under this section to local edu24 cational agencies and public libraries. Each bank shall

25 apply repayments of principal and interest on loans to the
19

•S 1511 IS

1 making of additional loans. The Secretary shall take final

2 action on an application for a grant under this subsection

3 within 90 days of the date of the submittal of such appli4 cation.

5 (c) INFRASTRUCTURE BANK REQUIREMENTS.—In

6 order to establish an infrastructure bank under this sec7 tion, each State establishing the bank shall—

8 (1) contribute, at a minimum, to the accounts

9 of the bank from non-Federal sources an amount

10 equal to 100 percent of the amount of each capital11 ization grant made to the State and contributed to

12 the bank under subsection (b);

13 (2) identify an operating entity of the State as

14 recipient of the grant if the entity has the capacity

15 to manage loan funds and issue debt instruments of

16 the State for purposes of leveraging the funds;

17 (3) allow such funds to be used as reserve for

18 debt issued by the State so long as proceeds are de19 posited in the fund for loan purposes;

20 (4) ensure that investment income generated by

21 funds contributed to an account of the bank will

22 be—

23 (A) credited to the account;
20

•S 1511 IS

1 (B) available for use in providing loans to

2 projects eligible for assistance from the account;

3 and

4 (C) invested in United States Treasury se5 curities, bank deposits, or such other financing

6 instruments as the Secretary may approve to

7 earn interest to enhance the leveraging of

8 projects assisted by the bank;

9 (5) ensure that any loan from the bank will

10 bear interest at or below the lowest interest rates

11 being offered for bonds the income from which is ex12 empt from Federal taxation, as determined by the

13 State, to make the project that is the subject of the

14 loan feasible;

15 (6) ensure that repayment of any loan from the

16 bank will commence not later than 1 year after the

17 project has been completed;

18 (7) ensure that the term for repaying any loan

19 will not exceed 30 years after the date of the first

20 payment on the loan under paragraph (6); and

21 (8) require the bank to make an annual report

22 to the Secretary on its status and make such other

23 reports as the Secretary may require by guidelines.

24 (d) FORMS OF ASSISTANCE FROM INFRASTRUCTURE

25 BANKS.—
21

•S 1511 IS

1 (1) IN GENERAL.—An infrastructure bank es2 tablished under this section may make loans to a

3 local educational agency or a public library in an

4 amount equal to all or part of the cost of carrying

5 out a project eligible for assistance under this sec6 tion.

7 (2) APPLICATIONS FOR LOANS.—An application

8 to an infrastructure bank by a local educational

9 agency or a public library for a loan shall include—

10 (A) in the case of a renovation project, a

11 description of each architectural, civil, struc12 tural, mechanical, or electrical deficiency to be

13 corrected with funds under a loan and the pri14 orities to be applied;

15 (B) a description of the criteria used by

16 the applicant to determine the type of corrective

17 action necessary for the renovation of a facility;

18 (C) a description of improvements to be

19 made and a cost estimate for the improvements;

20 (D) a description of how work undertaken

21 with the loan will promote energy conservation;

22 and

23 (E) such other information as the infra24 structure bank may require.
22

•S 1511 IS

1 An infrastructure bank shall take final action on a

2 completed application submitted to it within 90 days

3 after the date of its submittal.

4 (3) CRITERIA FOR LOANS.—In considering ap5 plications for a loan, an infrastructure bank shall

6 take into account—

7 (A) the extent to which the local edu8 cational agency or public library involved lacks

9 the fiscal capacity, including the ability to raise

10 funds through the full use of such agency’s

11 bonding capacity or otherwise, to undertake the

12 project for which the loan would be used with13 out the loan;

14 (B) in the case of a local educational agen15 cy, the threat that the condition of the physical

16 plant in the project poses to the safety and

17 well-being of students;

18 (C) the demonstrated need for the con19 struction, reconstruction, or renovation based

20 on the condition of the facility in the project;

21 and

22 (D) the age of such facility.

23 (e) QUALIFYING PROJECTS.—
23

•S 1511 IS

1 (1) IN GENERAL.—A project is eligible for a

2 loan from an infrastructure bank if it is a project

3 that consists of—

4 (A) the construction of new elementary

5 schools or secondary schools to meet the needs

6 imposed by enrollment growth;

7 (B) the repair or upgrading of classrooms

8 or structures related to academic learning, in9 cluding the repair of leaking roofs, crumbling

10 walls, inadequate plumbing, poor ventilation

11 equipment, and inadequate heating or light

12 equipment;

13 (C) an activity to increase physical safety

14 at the educational facility involved;

15 (D) an activity to enhance the educational

16 facility involved to provide access for students,

17 teachers, and other individuals with disabilities;

18 (E) an activity to address environmental

19 hazards at the educational facility involved,

20 such as poor ventilation, indoor air quality, or

21 lighting;

22 (F) the provision of basic infrastructure

23 that facilitates educational technology, such as

24 communications outlets, electrical systems,

25 power outlets, or a communication closet;
24

•S 1511 IS

1 (G) work that will bring an educational fa2 cility into conformity with the requirements

3 of—

4 (i) environmental protection or health

5 and safety programs mandated by Federal,

6 State, or local law if such requirements

7 were not in effect when the facility was ini8 tially constructed; and

9 (ii) hazardous waste disposal, treat10 ment, and storage requirements mandated

11 by the Solid Waste Disposal Act (42

12 U.S.C. 6901 et seq.) or similar State laws;

13 (H) work that will enable efficient use of

14 available energy resources, especially coal, solar

15 power, and other renewable energy resources;

16 (I) work to detect, remove, or otherwise

17 contain asbestos hazards in educational facili18 ties; or

19 (J) work to construct new public library

20 facilities or repair or upgrade existing public li21 brary facilities.

22 (2) DAVIS-BACON.—The wage requirements of

23 the Act of March 3, 1931 (commonly known as the

24 Davis-Bacon Act); as amended (40 U.S.C. 276a–
25

•S 1511 IS

1 276a–5) shall apply with respect to individuals em2 ployed on the projects described in paragraph (1).

3 (f) SUPPLEMENTATION.—Any loan made by an infra4 structure bank shall be used to supplement and not sup5 plant other Federal, State, and local funds available for

6 building or repairing elementary schools or secondary

7 schools.

8 (g) LIMITATION ON REPAYMENTS.—Notwithstanding

9 any other provision of law, the repayment of a loan from

10 an infrastructure bank under this section may not be cred11 ited toward the non-Federal share of the cost of any

12 project.

13 (h) SECRETARIAL REQUIREMENTS.—In admin14 istering this section, the Secretary of the Treasury shall

15 specify procedures and guidelines for establishing, oper16 ating, and providing assistance from an infrastructure

17 bank.

18 (i) UNITED STATES NOT OBLIGATED.—The con19 tribution of Federal funds into an infrastructure bank es20 tablished under this section shall not be construed as a

21 commitment, guarantee, or obligation on the part of the

22 United States to any third party, nor shall any third party

23 have any right against the United States for payment sole24 ly by virtue of the contribution. Any security or debt fi25 nancing instrument issued by the infrastructure bank
26

•S 1511 IS

1 shall expressly state that the security or instrument does

2 not constitute a commitment, guarantee, or obligation of

3 the United States.

4 (j) MANAGEMENT OF FEDERAL FUNDS.—Sections

5 3335 and 6503 of title 31, United States Code, shall not

6 apply to funds contributed under this section.

7 (k) PROGRAM ADMINISTRATION.—For each of fiscal

8 years 2000 through 2004, a State may expend not to ex9 ceed 2 percent of the Federal funds contributed to an in10 frastructure bank established by the State under this sec11 tion to pay the reasonable costs of administering the bank.

12 (l) SECRETARIAL REVIEW.—The Secretary of the

13 Treasury shall review the financial condition of each infra14 structure bank established under this section and transmit

15 to Congress a report on the results of such review not later

16 than 90 days after the completion of the review.

17 (m) AUTHORIZATION OF APPROPRIATIONS.—For

18 grants to States for the initial capitalization of infrastruc19 ture banks there are authorized to be appropriated

20 $250,000,000 for fiscal year 2000 and each of the 4 suc21 ceeding fiscal years.

22 TITLE III—SCHOOLS AS

23 CENTERS OF THE COMMUNITY

24 SEC. 301. FINDINGS.

25 Congress makes the following findings:
27

•S 1511 IS

1 (1) Communities across the Nation need to

2 build and modernize thousands of public elementary

3 schools and secondary schools in the coming decade

4 in ways that reflect new approaches to teaching and

5 learning, and in ways that reflect the fact that learn6 ing is a lifelong process for persons of all ages.

7 These schools can make an enduring difference for

8 these communities by affecting not just students but

9 entire neighborhoods for generations.

10 (2) The National Symposium on School Design

11 has recommended that local educational agencies

12 hold community dialogues that discuss the planning

13 and design of their new school buildings. Community

14 partnerships of parents, educators, architects, urban

15 planners, students, and other interested parties can

16 assist local educational agencies to design new

17 schools that better meet the needs of their commu18 nities now and in the future.

19 (3) Establishing such community partnerships

20 for the purpose of broadening public participation in

21 the planning and design of schools encourages

22 broader community involvement in the schools, gen23 erates creativity in the planning process, and pro24 motes savings, cost-sharing, and the most effective

25 use of the school building by the entire community.
28

•S 1511 IS

1 Such partnerships can help create schools that are

2 centers of teaching and learning for the entire com3 munity.

4 SEC. 302. PURPOSE.

5 The purpose of this title is to assist local educational

6 agencies and their communities to increase the involve7 ment of parents, teachers, students, and community

8 groups in the planning and design of new and renovated

9 public elementary school and secondary school buildings

10 that—

11 (1) enhance teaching and learning, and accom12 modate the needs of all learners;

13 (2) serve as a center of the community;

14 (3) promote health, safety, and security;

15 (4) effectively use all available resources; and

16 (5) are flexible and can accommodate changing

17 community needs.

18 SEC. 303. PROGRAM AUTHORIZED.

19 (a) GRANTS AUTHORIZED.—

20 (1) IN GENERAL.—From funds appropriated

21 under section 306, the Secretary shall award grants

22 to local educational agencies participating in eligible

23 consortia to enable the eligible consortia to support

24 the planning and design of—
29

•S 1511 IS

1 (A) new elementary school or secondary

2 school buildings; or

3 (B) the renovation of existing elementary

4 school or secondary school buildings.

5 (2) DEFINITION OF ELIGIBLE CONSORTIUM.—

6 In this title the term ‘‘eligible consortium’’ means a

7 consortium that—

8 (A) shall include at least 1 local edu9 cational agency; and

10 (B) may include such organizations and in11 dividuals as a State educational agency, a com12 munity-based organization, a local government,

13 a business or industry, an architect, a parent,

14 teacher, or senior citizen group, a library, or a

15 museum.

16 (b) REQUIREMENTS.—

17 (1) DURATION.—Grants under this title shall

18 be awarded for not more than 1 year.

19 (2) LIMITATION.—Not more than 1 grant pro20 vided under this title may be used to plan or design

21 the same school.

22 (3) MATCHING.—A grant under this title shall

23 not be used to pay for more than 50 percent of the

24 cost of a planning or design project. A recipient of

25 a grant under this title shall provide at least 50 per-
30

•S 1511 IS

1 cent of the cost of the planning or design project

2 from non-Federal sources, which may include in-kind

3 contributions, fairly evaluated.

4 (c) GEOGRAPHIC DISTRIBUTION.—In awarding

5 grants under this title, the Secretary is authorized to take

6 such steps as are necessary to ensure an equitable geo7 graphic distribution of the grants, including distributing

8 the grants among rural, urban, and suburban local edu9 cational agencies.

10 SEC. 304. USE OF FUNDS.

11 Grants under this title shall be used by a local edu12 cational agency to support the planning or design of a new

13 school building, or of the renovation of an existing school

14 building, and may be used for activities such as—

15 (1) community outreach activities (including the

16 development and circulation of explanatory materials

17 and the cost of meetings) designed to encourage

18 greater participation by the community;

19 (2) the development, with the involvement of all

20 stakeholders, of a master plan for a school district;

21 and

22 (3) necessary administrative support for the eli23 gible consortium.
31

•S 1511 IS

1 SEC. 305. APPLICATIONS.

2 (a) IN GENERAL.—Each local educational agency de3 siring a grant under this title shall submit to the Secretary

4 an application at such time, and containing such informa5 tion, as the Secretary may require.

6 (b) CONTENTS.—Each application submitted under

7 this title shall describe—

8 (1) the community to be served by the new or

9 renovated school, including the needs of that com10 munity with respect to such school;

11 (2) the individuals and groups that compose the

12 eligible consortium and their respective functions;

13 (3) the project activities to be supported by the

14 grant and how the activities will help meet the needs

15 of that community and the purpose of this title; and

16 (4) the availability of resources for the project,

17 and how the resources will be obtained.

18 SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to carry out

20 this title $10,000,000 for fiscal year 2000 and such sums

21 as may be necessary for each of the 4 succeeding fiscal

22 years.

Æ