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 edu-
cational 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) intro-
duced the following bill; which was referred to the Committee on Edu-
cation 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Children’s 
School Investment Act’’. 
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SEC. 2. SCHOOL CONSTRUCTION GRANTS. 
(a) IN GENERAL.—Section 8007 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7707) 
is amended by adding at the end the following: 
‘‘(c) SCHOOL CONSTRUCTION GRANTS.— 
‘‘(1) 
AUTHORITY
AND
CONDITIONS
FOR 
GRANTS.—From the amount appropriated for each 
fiscal year under section 8014(f), the Secretary is 
authorized to make grants to eligible local edu-
cational agencies to carry out eligible projects for 
the construction of public kindergarten, elementary, 
and secondary school facilities. 
‘‘(2) ELIGIBILITY.—To be eligible to receive a 
grant under paragraph (1), the local educational 
agency shall— 
‘‘(A) have been eligible to receive a pay-
ment under section 8003 for the fiscal year 
prior to the year for which the application is 
made; and 
‘‘(B) have had an overall increase in enroll-
ment— 
‘‘(i) during the period between the end 
of the school year preceding the fiscal year 
for which the application is made and the 
beginning of the school year immediately 
preceding that school year; 
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‘‘(ii) of not less than 250, or not less 
than 10 percent (whichever is lower), of 
students who are children described in— 
‘‘(I) subparagraph (A), (B), or 
(D) of section 8003(a)(1); or 
‘‘(II) subparagraph (F) or (G) of 
section 8003(a)(1), but only to the ex-
tent such children are civilian depend-
ents of employees of the Department 
of Defense; and 
‘‘(iii) that is the direct result of one or 
more of the following: 
‘‘(I) Base realignment and clo-
sure or global rebasing, as determined 
by the Secretary of Defense. 
‘‘(II) Force structure changes or 
force reductions. 
‘‘(III) An action initiated by the 
Secretary of Defense. 
‘‘(3) CRITERIA
FOR
GRANTS.—In considering 
an application for a grant the Secretary shall con-
sider— 
‘‘(A) the extent to which the local edu-
cational agency involved needs the grant be-
cause it lacks the fiscal capacity to undertake 
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the project for which the grant would be used 
without the grant; and 
‘‘(B) the demonstrated need for the con-
struction, reconstruction, or renovation based 
on the condition of the facility in the project. 
‘‘(4) ELIGIBLE PROJECTS.—To be an eligible 
project for a grant under paragraph (1), the project 
must consist of— 
‘‘(A) the construction of new elementary or 
secondary schools to meet the needs imposed by 
enrollment growth; 
‘‘(B) the construction of additional aca-
demic learning space at existing schools; 
‘‘(C) the repair or upgrading of classrooms 
or structures related to academic learning, in-
cluding but not limited to roofs, walls, plumb-
ing, ventilation equipment, and inadequate 
heating or lighting equipment; or 
‘‘(D) the leasing of buildings or portions of 
buildings from a private entity for the purpose 
of providing school space, with the Secretary’s 
approval. 
‘‘(5) AMOUNT AND CONDITIONS OF GRANTS.— 
In making grants under this subsection, the Sec-
retary shall ensure that the amount of a grant does 
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