an amount that exceeds $3,000,000 during any
5-year period.
‘‘(C) LOCAL
EDUCATIONAL
AGENCY
DE-
SCRIBED.—A local educational agency described
in this subparagraph is a local educational
agency that has the authority to issue bonds but
is at such agency’s limit in bonded indebtedness
for the purposes of generating funds for capital
expenditures.
‘‘(5) APPLICATIONS.—A local educational agency
that desires to receive a grant under this subsection
shall submit an application to the Secretary at such
time, in such manner, and accompanied by such in-
formation as the Secretary may require. Each appli-
cation shall contain—
‘‘(A) documentation certifying such agency’s
lack of bonding capacity;
‘‘(B) a listing of the school facilities to be
modernized, including the number and percent-
age 
of 
children 
determined 
under 
section
8003(a)(1) in average daily attendance in each
school facility;
‘‘(C) a description of the ownership of the
property on which the current school facility is
located or on which the planned school facility
will be located;
‘‘(D) a description of any school facility de-
ficiency that poses a health or safety hazard to
the occupants of the school facility and a de-
scription of how that deficiency will be repaired;
‘‘(E) a description of the modernization to
be supported with funds provided under this sub-
section;
‘‘(F) a cost estimate of the proposed mod-
ernization; and
‘‘(G) such other information and assurances
as the Secretary may reasonably require.
‘‘(6) EMERGENCY GRANTS.—
‘‘(A) 
APPLICATIONS.—Each 
local 
edu-
cational 
agency 
described 
in 
paragraph
(2)(B)(ii) that desires a grant under this sub-
section shall include in the application sub-
mitted under paragraph (5) a signed statement
from an appropriate local official certifying that
a health or safety deficiency exists.
‘‘(B) PRIORITY.—If the Secretary receives
more than 1 application from local educational
agencies described in paragraph (2)(B)(ii) for
grants under this subsection for any fiscal year,
the Secretary shall give priority to local edu-
cational agencies based on the severity of the
emergency, as determined by the Secretary, and
when the application was received.
‘‘(C) 
CONSIDERATION
FOR
FOLLOWING
YEAR.—A local educational agency described in
paragraph (2)(B)(ii) that applies for a grant
under this subsection for any fiscal year and
does not receive the grant shall have the applica-
tion for the grant considered for the following fis-
cal year, subject to the priority described in sub-
paragraph (B).’’.
(b) DEFINITION.—Section 8013 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713) is
amended by adding at the end the following:
‘‘(13) MODERNIZATION.—The term ‘moderniza-
tion’ means repair, renovation, alteration, or con-
struction, including—
‘‘(A) the concurrent installation of equip-
ment; and
‘‘(B) the complete or partial replacement of
an existing school facility, but only if such re-
placement is less expensive and more cost-effec-
tive than repair, renovation, or alteration of the
school facility.’’.
SEC. 12. FEDERAL ADMINISTRATION.
Section 8010(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7710(c)) is amended—
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(3) in paragraph (2)(D) (as redesignated), by
striking ‘‘section 5(d)(2) of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such sec-
tion was in effect on the day preceding the date of en-
actment of the Improving America’s Schools Act of
1994) or’’.
SEC. 13. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW.
(a) ADMINISTRATIVE HEARINGS.—
(1) IN GENERAL.—Section 8011(a) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7711) is amended by adding at the end before
the period the following: ‘‘if the local educational
agency or State, as the case may be, submits to the
Secretary a request for the hearing not later than 60
days after the date of the action of the Secretary
under this title’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) shall apply with respect to an action
of the Secretary under title VIII of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7701 et seq.) initiated on or after the date of the en-
actment of this Act.
(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—
Section 8011(b)(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7711(b)(1)) is amended by
striking ‘‘60 days’’ and inserting ‘‘30 working days (as de-
termined by the local educational agency or State)’’.
SEC. 14. DEFINITIONS.
Section 8013(5)(A)(iii) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(5)(A)(iii))
is amended—
(1) in subclause (I), by striking ‘‘or’’ at the end;
and
(2) by adding at the end the following:
‘‘(III) 
affordable 
housing 
assisted
under the Native American Housing Assist-
ance and Self-Determination Act of 1996;
or’’.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL
PROPERTY.—Section 8014(a) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7714(a)) is
amended by striking ‘‘$16,750,000 for fiscal year 1995’’ and
inserting ‘‘$32,000,000 for fiscal year 2000’’.
(b) BASIC PAYMENTS.—Section 8014(b) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7714(b)) is amended—
(1) by striking ‘‘subsections (b) and (f) of section
8003’’ and inserting ‘‘section 8003(b)’’;
(2) by striking ‘‘$775,000,000 for fiscal year
1995’’ and inserting ‘‘$809,400,000 for fiscal year
2000’’; and
(3) by striking ‘‘, of which 6 percent’’ and all
that follows and inserting a period.
(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.—
Section 8014(c) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7714(c)) is amended by strik-
ing ‘‘$45,000,000 for fiscal year 1995’’ and inserting
‘‘$50,000,000 for fiscal year 2000’’.
(d) PAYMENTS FOR INCREASES IN MILITARY CHIL-
DREN.—Subsection (d) of section 8014 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7714)
is repealed.
(e) CONSTRUCTION.—Section 8014(e) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7714(e)) is amended by striking ‘‘$25,000,000 for fiscal
year 1995’’ and inserting ‘‘$10,052,000 for fiscal year
2000’’.