I 

111TH CONGRESS 

1ST SESSION H. R. 2593 

To amend the Elementary and Secondary Education Act of 1965 to establish 

a discretionary grant program for school construction for local educational agencies affected by base closures and realignments, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Mr. EDWARDS of Texas (for himself, Mr. MCINTYRE, and Mr. TERRY) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to establish a discretionary grant program for 

school construction for local educational agencies affected 

by base closures and realignments, 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 ‘‘Military Children’s 

5 School Investment Act’’. 


sroberts on PROD1PC70 with BILLS
2 

•HR 2593 IH

1 SEC. 2. SCHOOL CONSTRUCTION GRANTS. 

2 (a) IN GENERAL.—Section 8007 of the Elementary 

3 and Secondary Education Act of 1965 (20 U.S.C. 7707) 

4 is amended by adding at the end the following: 

5 ‘‘(c) SCHOOL CONSTRUCTION GRANTS.— 

6 ‘‘(1) AUTHORITY AND CONDITIONS FOR

7 GRANTS.—From the amount appropriated for each 

8 fiscal year under section 8014(f), the Secretary is 

9 authorized to make grants to eligible local edu10 cational agencies to carry out eligible projects for 

11 the construction of public kindergarten, elementary, 

12 and secondary school facilities. 

13 ‘‘(2) ELIGIBILITY.—To be eligible to receive a 

14 grant under paragraph (1), the local educational 

15 agency shall— 

16 ‘‘(A) have been eligible to receive a pay17 ment under section 8003 for the fiscal year 

18 prior to the year for which the application is 

19 made; and 

20 ‘‘(B) have had an overall increase in enroll21 ment— 

22 ‘‘(i) during the period between the end 

23 of the school year preceding the fiscal year 

24 for which the application is made and the 

25 beginning of the school year immediately 

26 preceding that school year; 


sroberts on PROD1PC70 with BILLS
3 

•HR 2593 IH

1 ‘‘(ii) of not less than 250, or not less 

2 than 10 percent (whichever is lower), of 

3 students who are children described in— 

4 ‘‘(I) subparagraph (A), (B), or 

5 (D) of section 8003(a)(1); or 

6 ‘‘(II) subparagraph (F) or (G) of 

7 section 8003(a)(1), but only to the ex8 tent such children are civilian depend9 ents of employees of the Department 

10 of Defense; and 

11 ‘‘(iii) that is the direct result of one or 

12 more of the following: 

13 ‘‘(I) Base realignment and clo14 sure or global rebasing, as determined 

15 by the Secretary of Defense. 

16 ‘‘(II) Force structure changes or 

17 force reductions. 

18 ‘‘(III) An action initiated by the 

19 Secretary of Defense. 

20 ‘‘(3) CRITERIA FOR GRANTS.—In considering 

21 an application for a grant the Secretary shall con22 sider— 

23 ‘‘(A) the extent to which the local edu24 cational agency involved needs the grant be25 cause it lacks the fiscal capacity to undertake 


sroberts on PROD1PC70 with BILLS
4 

•HR 2593 IH

1 the project for which the grant would be used 

2 without the grant; and 

3 ‘‘(B) the demonstrated need for the con4 struction, reconstruction, or renovation based 

5 on the condition of the facility in the project. 

6 ‘‘(4) ELIGIBLE PROJECTS.—To be an eligible 

7 project for a grant under paragraph (1), the project 

8 must consist of— 

9 ‘‘(A) the construction of new elementary or 

10 secondary schools to meet the needs imposed by 

11 enrollment growth; 

12 ‘‘(B) the construction of additional aca13 demic learning space at existing schools; 

14 ‘‘(C) the repair or upgrading of classrooms 

15 or structures related to academic learning, in16 cluding but not limited to roofs, walls, plumb17 ing, ventilation equipment, and inadequate 

18 heating or lighting equipment; or 

19 ‘‘(D) the leasing of buildings or portions of 

20 buildings from a private entity for the purpose 

21 of providing school space, with the Secretary’s 

22 approval. 

23 ‘‘(5) AMOUNT AND CONDITIONS OF GRANTS.— 

24 In making grants under this subsection, the Sec25 retary shall ensure that the amount of a grant does 


sroberts on PROD1PC70 with BILLS
5 

•HR 2593 IH

1 not exceed the total construction, modernization, or 

2 repair costs involved, as determined by the Sec3 retary. 

4 ‘‘(6) IMPERMISSIBLE USES OF FUNDS.—No 

5 funds received under this subsection may be used 

6 for— 

7 ‘‘(A) payment of maintenance costs; or 

8 ‘‘(B) stadiums or other facilities primarily 

9 used for athletic contests or exhibitions or other 

10 events for which admission is charged to the 

11 general public. 

12 ‘‘(7) SUPPLEMENT, NOT SUPPLANT.—A local 

13 educational agency receiving a grant under this sub14 section shall use such Federal funds only to supple15 ment and not supplant the amount of funds that 

16 would, in the absence of such Federal funds, be 

17 available for construction, modernization, and repair 

18 of public kindergarten, elementary, and secondary 

19 school facilities. 

20 ‘‘(8) REPORTING.— 

21 ‘‘(A) REPORTS BY SECRETARY.—Not later 

22 than December 31 of each fiscal year, the Sec23 retary, and the Secretary of Defense, shall each 

24 submit to the Committee on Education and 

25 Labor and the Committee on Armed Services of 


sroberts on PROD1PC70 with BILLS
6 

•HR 2593 IH

1 the House of Representatives and the Com2 mittee on Health, Education, Labor, and Pen3 sions and the Committee on Armed Services of 

4 the Senate a report on grants made under this 

5 subsection, including the types of construction, 

6 modernization, and repair funded, and the 

7 number of students impacted. 

8 ‘‘(B) REPORTS BY LOCAL EDUCATIONAL

9 AGENCIES.—Not later than September 30 of 

10 each fiscal year, each local educational agency 

11 receiving a grant under this subsection shall 

12 submit to the Secretary, and to the Secretary of 

13 Defense, a report on the agency’s use of such 

14 grant funds.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 8014 of that Act (20 U.S.C. 7714) is amended— 

17 (1) in subsection (e), by inserting after ‘‘8007’’ 

18 the following: ‘‘other than section 8007(c)’’; and 

19 (2) by inserting after subsection (f) the fol20 lowing: 

21 ‘‘(g) SCHOOL CONSTRUCTION GRANTS.—For the 

22 purposes of carrying out section 8007(c), there are author23 ized to be appropriated $500,000,000 for fiscal year 2009 


sroberts on PROD1PC70 with BILLS
7 

•HR 2593 IH

1 and such sums as may be necessary for each of the seven 

2 succeeding fiscal years.’’. 

Æ 


sroberts on PROD1PC70 with BILLS