I

103D CONGRESS

1ST SESSION H. R. 2277

To provide grants to States and Indian tribes to provide payments for labor

and related costs associated with the repair and rehabilitation of elementary school, secondary school, and Indian tribal school facilities.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1993

Mr. MILLER of California (for himself, Mr. STARK, Mr. YATES, Ms. WOOLSEY, Mr. GUTIERREZ, Mrs. MALONEY, Mr. BARRETT of Wisconsin, Mr.

RANGEL, Mr. HINCHEY, Mr. OLVER, Mr. BONIOR, Mr. RUSH, Mr.

BLACKWELL, Ms. DELAURO, Mr. ROMERO, Miss. COLLINS of Michigan)

introduced the following bill; which was referred to the Committee on

Education and Labor

A BILL

To provide grants to States and Indian tribes to provide

payments for labor and related costs associated with

the repair and rehabilitation of elementary school, secondary school, and Indian tribal school facilities.

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 ‘‘School Repair and

5 Rehabilitation Act’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) According to a 1991 survey conducted by

4 the American Association of School Administrators,

5 74 percent of all public school buildings in the Unit6 ed States need to be replaced.

(2) Almost 1 7 ⁄3 of such buildings were built prior

8 to World War II.

9 (3) It is estimated that 1 of every 4 public

10 school buildings in the United States is in inad11 equate condition, and of such buildings, 61 percent

12 need maintenance or major repairs, 43 percent are

13 obsolete, 42 percent contain environmental hazards,

14 25 percent are overcrowded, and 13 percent are

15 structurally unsound.

16 (4) According to the 1992 Current Population

17 Survey conducted by the Bureau of Labor Statistics,

18 unemployment in the construction industry is at 13

19 percent for skilled workers and 22.9 percent for

20 laborers.

21 SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.

22 (a) GRANTS TO STATES.—The Secretary of Labor

23 shall provide grants to States for the purpose of establish24 ing and carrying out programs that provide payments for

25 labor and related costs associated with the repair and re-
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1 habilitation of elementary school and secondary school fa2 cilities located in such States.

3 (b) GRANTS TO INDIAN TRIBES.—

4 (1) IN GENERAL.—Not less than 5 percent of

5 amounts appropriated to carry out this Act for each

6 fiscal year shall be used by the Secretary to provide

7 grants to Indian tribes for the purpose of establish8 ing and carrying out programs that provide pay9 ments for labor and related costs associated with the

10 repair and rehabilitation of Indian tribal school

11 facilities under the jurisdiction of such tribes.

12 (2) RULE OF CONSTRUCTION.—Nothing con13 tained in paragraph (1) shall be construed to relieve

14 the Secretary of the Interior of the responsibility to

15 provide adequate and equitable funding under the

16 Snyder Act (25 U.S.C. 13) for the operations and

17 maintenance of Indian tribal school facilities.

18 SEC. 4. APPLICATION.

19 (a) IN GENERAL.—The Secretary may not provide a

20 grant under section 3 to a State or Indian tribe unless

21 the State or Indian tribe, as the case may be, submits

22 to the Secretary an application in such form and contain23 ing such information as the Secretary may require.

24 (b) ASSURANCES.—Such application shall include as25 surances the State or Indian tribe, as the case may be,
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1 will use Federal funds received from a grant under section

2 3 to supplement and not supplant non-Federal funds that

3 would otherwise be available for activities funded under

4 such section.

5 SEC. 5. USE OF AMOUNTS.

6 (a) IN GENERAL.—The Secretary may not provide a

7 grant under section 3 to a State or Indian tribe unless

8 the State or Indian tribe, as the case may be, agrees that

9 it will use all amounts received from such grant to estab10 lish a program to provide wages and related employment

11 benefits to individuals for the purpose of employing such

12 individuals to repair and rehabilitate elementary school

13 and secondary school facilities, or Indian tribal school

14 facilities, as the case may be.

15 (b) OTHER REQUIREMENTS.—

16 (1) PRIORITY TO UNEMPLOYED INDIVIDUALS.—

17 In selecting individuals for a program established

18 under subsection (a), a State or Indian tribe shall

19 give priority to individuals who are unemployed, par20 ticularly to those individuals who have been unem21 ployed for the longest periods of time.

22 (2) COORDINATION WITH APPROPRIATE ENTI23 TIES.—In carrying out a program established under

24 subsection (a), a State shall coordinate the activities

25 of such program with appropriate entities located in
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1 such State, including appropriate private industry

2 councils (described in section 102 of the Job Train3 ing Partnership Act (29 U.S.C. 1512), units of gen4 eral local government, nonprofit private organiza5 tions, and local educational agencies.

6 SEC. 6. LABOR STANDARDS.

7 (a) NONDISCRIMINATION.—No individual shall be ex8 cluded from participation in, denied the benefits of, sub9 jected to discrimination under, or denied employment in

10 the administration of or in connection with any program

11 described in section 5(a) because of race, color, religion,

12 sex, national origin, age, disability, or political affiliation

13 or belief.

14 (b) DAVIS-BACON REQUIREMENTS.—

15 (1) PREVAILING WAGES REQUIRED.—All labor16 ers and mechanics employed by contractors or sub17 contractors in any construction, alteration, or repair,

18 including painting and decorating, of projects, build19 ings, and works which are federally assisted under

20 this Act, shall be paid wages at rates not less than

21 those prevailing on similar construction in the local22 ity as determined by the Secretary in accordance

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

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

25 276a–5). The Secretary shall have, with respect to
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1 such labor standards, the authority and functions

2 set forth in Reorganization Plan Numbered 14 of

3 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of

4 the Act of June 1, 1934, as amended (48 Stat. 948,

5 as amended; 40 U.S.C. 276(c)).

6 (2) FUNDING REQUIRED.—Such rates are not

7 required to be paid to participants under this Act

8 unless they are employed in connection with projects

9 funded by this Act in whole or in part, exclusive of

10 wages and benefits, or projects covered by any other

11 statute requiring the payment of such Davis-Bacon

12 Act wage rates.

13 SEC. 7. REPORTS.

14 The Secretary may not provide a grant under section

15 3 to a State or Indian tribe unless the State or Indian

16 tribe, as the case may be, agrees that it will submit, for

17 any fiscal year in which it receives a grant under such

18 section, a report to the Secretary describing the use of

19 such grant and any other information the Secretary deter20 mines to be appropriate.

21 SEC. 8. SELECTION.

22 (a) AMOUNT OF GRANT.—The annual amount of a

23 grant provided under section 3 to a State or Indian tribe,

24 as the case may be, shall not exceed 10 percent of amounts

25 appropriated for a fiscal year to carry out this Act.
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1 (b) PRIORITY.—In providing grants under section 3,

2 the Secretary shall give priority to those States having the

3 most elementary school and secondary school facilities that

4 are in need of repair and that are located in areas of high

5 unemployment.

6 SEC. 9. DEFINITIONS.

7 For the purposes of this Act, the following definitions

8 apply:

9 (1) ELEMENTARY SCHOOL.—The term ‘‘elemen10 tary school’’ has the meaning given such term in

11 section 1471(8) of the Elementary and Secondary

12 Education Act of 1965 (20 U.S.C. 2891(8)).

13 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’

14 means any Indian tribe, band, nation, or other orga15 nized group or community, including any Alaska Na16 tive village or regional corporation as defined in or

17 established pursuant to the Alaska Native Claims

18 Settlement Act, which is recognized as eligible for

19 the special programs and services provided by the

20 United States to Indians because of their status as

21 Indians.

22 (3) LOCAL EDUCATIONAL AGENCY.—The term

23 ‘‘local educational agency’’ has the meaning given

24 such term in section 1471(12) of the Elementary
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1 and Secondary Education Act of 1965 (20 U.S.C.

2 2891(12)).

3 (4) SECONDARY SCHOOL.—The term ‘‘second4 ary school’’ has the meaning given such term in sec5 tion 1471(21) of the Elementary and Secondary

6 Education Act of 1965 (20 U.S.C. 2891(21)).

7 (5) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of Labor.

9 (6) STATE.—The term ‘‘State’’ means each of

10 the several States, the District of Columbia, the

11 Commonwealth of the Northern Mariana Islands,

12 the Commonwealth of Puerto Rico, American

13 Samoa, Guam, the Virgin Islands, the Republic of

14 the Marshall Islands, the Federated States of Micro15 nesia, and Palau.

16 (7) STATE EDUCATIONAL AGENCY.—The term

17 ‘‘State educational agency’’ has the meaning given

18 such term in section 1471(23) of the Elementary

19 and Secondary Education Act of 1965 (20 U.S.C.

20 2891(23)).

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