I
107TH CONGRESS
1ST SESSION
H. R. 728
To amend the Elementary and Secondary Education Act of 1965 to authorize
grants for the repair, renovation, alteration, and construction of public
elementary and secondary school facilities.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2001
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to authorize grants for the repair, renovation,
alteration, and construction of public elementary and
secondary school facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SCHOOL FACILITIES INFRASTRUCTURE IM-
PROVEMENT.
Title XII of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8501 et seq.) is amended
to read as follows:
‘‘SEC. 12001. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—From the amount appropriated
for any fiscal year to carry out this title, Secretary shall
award grants to States and local educational agencies with
applications approved under this section to carry out the
authorized activities described in section 12002.
‘‘(b) ONE-THIRD ALLOCATED AMONG STATES.—
‘‘(1) IN GENERAL.—One-third of the amount
appropriated for any fiscal year to carry out this
title shall be allocated among the States under para-
graph (2) by the Secretary. The amount allocated to
a State under the preceding sentence shall be allo-
cated by the State educational agency to local edu-
cational agencies within such State and such alloca-
tions may be made only if there is an approved State
application.
‘‘(2) ALLOCATION FORMULA.—The amount to
be allocated under paragraph (1) for any fiscal year
shall be allocated among the States in proportion to
the respective amounts each such State received for
basic grants under subpart 2 of part A of title I for
the most recently completed fiscal year. For pur-
poses of the preceding sentence, basic grants attrib-
utable to large local educational agencies (as defined
in subsection (c)), and basic grants attributable to
high-growth local educational agencies (as defined in
subsection (d)), shall be disregarded.
‘‘(3) MINIMUM ALLOCATIONS TO STATES.—
‘‘(A) IN
GENERAL.—The Secretary shall
adjust the allocations under this subsection for
any fiscal year for each State to the extent nec-
essary to ensure that the sum of—
‘‘(i) the amount allocated to such
State under this subsection for such year;
and
‘‘(ii) the aggregate amounts allocated
under subsections (c) and (d) to local edu-
cational agencies in such State for such
year;
is not less than an amount equal to such
State’s minimum percentage of one-third of the
amount appropriated for the fiscal year to carry
out this title.
‘‘(B) MINIMUM
PERCENTAGE.—A State’s
minimum percentage for any fiscal year is the
minimum 
percentage 
described 
in 
section
1124(d) for such State for the most recently
completed fiscal year.
‘‘(4) 
ALLOCATIONS
TO
CERTAIN
POSSES-
SIONS.—The amount to be allocated under para-
graph (1) to any outlying area shall be the amount
which would have been allocated if all allocations
under paragraph (1) were made on the basis of re-
spective populations of individuals below the poverty
line (as defined by the Office of Management and
Budget). In making other allocations, the amount to
be allocated under paragraph (1) shall be reduced by
the aggregate amount allocated under this para-
graph to the outlying areas.
‘‘(5) APPROVED
STATE
APPLICATION.—For
purposes of paragraph (1), the term ‘approved State
application’ means an application which is approved
by the Secretary and which includes—
‘‘(A) the results of a recent publicly avail-
able survey (undertaken by the State with the
involvement of local education officials, mem-
bers of the public, and experts in school con-
struction and management) of such State’s
needs for public school facilities, including de-
scriptions of—
‘‘(i) health and safety problems at
such facilities;
‘‘(ii) the capacity of public schools in
the State to house projected enrollments;
and
‘‘(iii) the extent to which the public
schools in the State offer the physical in-
frastructure needed to provide a high-qual-
ity education to all students; and
‘‘(B) a description of how the State will al-
locate to local educational agencies, or other-
wise use, its allocation under this subsection to
address the needs identified under subpara-
graph (A), including a description of how it
will—
‘‘(i) give highest priority to localities
with the greatest needs, as demonstrated
by inadequate school facilities coupled with
a low level of resources to meet those
needs;
‘‘(ii) use its allocation under this sub-
section to assist localities that lack the fis-
cal capacity to raise funds on their own;
and
‘‘(iii) ensure that its allocation under
this subsection is used only to supplement,
and not supplant, the amount of school
construction, rehabilitation, and repair in
the State that would have occurred in the
absence of such allocation.
Any allocation under paragraph (1) by a State edu-
cation agency shall be binding if such agency reason-
ably determined that the allocation was in accord-
ance with the plan approved under this paragraph.
‘‘(c) ONE-THIRD
ALLOCATED
AMONG
LARGEST
SCHOOL DISTRICTS.—
‘‘(1) IN GENERAL.—One-third of the amount
appropriated for any fiscal year to carry out this
title shall be allocated under paragraph (2) by the
Secretary among local educational agencies which
are large local educational agencies for such year.
An allocation may be made under this subsection to
a large local educational agency only if such agency
has an approved local application.
‘‘(2) ALLOCATION FORMULA.—The amount to
be allocated under paragraph (1) for any fiscal year
shall be allocated among large local educational
agencies in proportion to the respective amounts
each such agency received for basic grants under
subpart 2 of part A of title I for the most recently
completed fiscal year.
‘‘(3) LARGE LOCAL EDUCATIONAL AGENCY.—
For purposes of this section, the term ‘large local
educational agency’ means, with respect to a fiscal
year, any local educational agency (other than a
high-growth local educational agency, as defined in
subsection (d)) if such agency is—
‘‘(A) among the 100 local educational
agencies with the largest numbers of children
aged 5 through 17 from families living below
the poverty level, as determined by the Sec-
retary using the most recent data available
from the Department of Commerce that are
satisfactory to the Secretary; or
‘‘(B) 1 of not more than 25 local edu-
cational agencies (other than those described in
subparagraph (A)) that the Secretary deter-
mines (based on the most recent data available
satisfactory to the Secretary) are in particular
need of assistance, based on a low level of re-
sources for school construction, a high level of
enrollment growth, or such other factors as the
Secretary deems appropriate.
‘‘(4) APPROVED
LOCAL
APPLICATION.—For
purposes of paragraph (1), the term ‘approved local
application’ means an application which is approved
by the Secretary and which includes—
‘‘(A) the results of a recent publicly-avail-
able survey (undertaken by the local educational
agency with the involvement of school officials,
members of the public, and experts in school
construction and management) of such agency’s
needs for public school facilities, including de-
scriptions of—
‘‘(i) the overall condition of the local
educational agency’s school facilities, in-
cluding health and safety problems;
‘‘(ii) the capacity of the agency’s
schools to house projected enrollments; and
‘‘(iii) the extent to which the agency’s
schools offer the physical infrastructure
needed to provide a high-quality education
to all students;
‘‘(B) a description of how the local edu-
cational agency will use its allocation under this
subsection to address the needs identified under
subparagraph (A); and
‘‘(C) a description of how the local edu-
cational agency will ensure that its allocation
under this subsection is used only to supple-
ment, and not supplant, the amount of school
construction, rehabilitation, or repair in the lo-
cality that would have occurred in the absence
of such allocation.
A rule similar to the rule of the last sentence of sub-
section (b)(5) shall apply for purposes of this sub-
section.
‘‘(d) 
ONE-THIRD
ALLOCATED
AMONG
HIGH-
GROWTH SCHOOL DISTRICTS.—
‘‘(1) IN GENERAL.—One-third of the amount
appropriated for any fiscal year to carry out this
title shall be allocated under paragraph (2) by the
Secretary among local educational agencies which
are high-growth local educational agencies for such
year. An allocation may be made under this sub-
section to a high-growth local educational agency
only if such agency has an approved local application
(as defined in subsection (c)(4)). A rule similar to
the rule of the last sentence of subsection (b)(5)
shall apply for purposes of this subsection.
‘‘(2) ALLOCATION FORMULA.—The amount to
be allocated under paragraph (1) for any fiscal year
shall be allocated among high-growth local edu-
cational agencies in proportion to the respective
amounts each such agency received for basic grants
under subpart 2 of part A of title I for the most re-
cently completed fiscal year.
‘‘(3) 
HIGH-GROWTH
LOCAL
EDUCATIONAL
AGENCY.—For purposes of this section, the term
‘high-growth local educational agency’ means, with
respect to a fiscal year, any local educational agency
if—
‘‘(A) there has been at least a 7.5 percent
increase in such agency’s enrollment during the
5-year period ending with the preceding fiscal
year; and
‘‘(B) such enrollment increase exceeds 150
students.
‘‘SEC. 12002. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—Each entity receiving a grant
under this title shall use the grant funds only to ensure
the health and safety of students through the repair, ren-
ovation, alteration, and construction of a public elemen-
tary or secondary school library, media center, or facility,
used for academic or vocational instruction.
‘‘(b) PARTICULAR
ACTIVITIES.—Subject to sub-
section (a), each entity receiving a grant under this title
may use the grant funds to meet the requirements of sec-
tion 504 of the Rehabilitation Act of 1973 and the Ameri-
cans with Disabilities Act of 1990.
‘‘SEC. 12003. GENERAL PROVISIONS.
‘‘(a) BUDGET AND ACCOUNTING.—In the perform-
ance of, and with respect to, the functions, powers, and
duties under this title, the Secretary, notwithstanding the
provisions of any other law, shall—
‘‘(1) prepare annually and submit a budget pro-
gram as provided for wholly owned Government cor-
porations by chapter 91 of title 31, United States
Code; and
‘‘(2) maintain a set of accounts which shall be
audited by the Comptroller General in accordance
with the provisions of chapter 35 of title 31, United
States Code, but such financial transactions of the
Secretary, as the making of loans and vouchers ap-
proved by the Secretary, in connection with such fi-
nancial transactions shall be final and conclusive
upon all officers of the Government.
‘‘(b) USE OF FUNDS.—Funds made available to the
Secretary pursuant to the provisions of this title shall be
deposited in a checking account or accounts with the
Treasurer of the United States. Receipts and assets ob-
tained or held by the Secretary in connection with the per-
formance of functions under this title, and all funds avail-
able for carrying out the functions of the Secretary under
this title (including appropriations therefor, which are
hereby authorized), shall be available, in such amounts as
may from year to year be authorized by the Congress, for
the administrative expenses of the Secretary in connection
with the performance of such functions.
‘‘(c) LEGAL POWERS.—In the performance of, and
with respect to, the functions, powers, and duties under
this title, the Secretary, notwithstanding the provisions of
any other law, may—
‘‘(1) prescribe such rules and regulations as
may be necessary to carry out the purposes of this
title;
‘‘(2) sue and be sued;
‘‘(3) foreclose on any property or commence any
action to protect or enforce any right conferred upon
the Secretary by any law, contract, or other agree-
ment, and bid for and purchase at any foreclosure
or any other sale any property in connection with
which the Secretary has made a loan pursuant to
this title;
‘‘(4) in the event of any such acquisition, not-
withstanding any other provision of law relating to
the acquisition, handling, or disposal of real property
by the United States, complete, administer, remodel
and convert, dispose of, lease, and otherwise deal
with, such property, but any such acquisition of real
property shall not deprive any State or political sub-
division of such State civil or criminal jurisdiction in
and over such property or impair the civil rights
under the State or local laws of the inhabitants on
such property;
‘‘(5) sell or exchange at public or private sale,
or lease, real or personal property, and sell or ex-
change any securities or obligations, upon such
terms as the Secretary may fix;
‘‘(6) obtain insurance against loss in connection
with property and other assets held; and
‘‘(7) include in any contract or instrument
made pursuant to this title such other covenants,
conditions, or provisions as may be necessary to as-
sure that the purposes of this title will be achieved.
‘‘(d) CONTRACTS FOR SUPPLIES OR SERVICES.—Sec-
tion 3709 of the Revised Statutes shall not apply to any
contract for services or supplies on account of any prop-
erty acquired pursuant to this title if the amount of such
contract does not exceed $1,000.
‘‘(e) APPLICABILITY OF GOVERNMENT CORPORATION
CONTROL ACT.—The provisions of section 9107(a) of title
31, United States Code, which are applicable to corpora-
tions or agencies subject to chapter 91 of such title, shall
also be applicable to the activities of the Secretary under
this title.
‘‘SEC. 12004. FAIR WAGES.
‘‘All laborers and mechanics employed by contractors
or subcontractors in the performance of any contract and
subcontract for the repair, renovation, alteration, or con-
struction, including painting and decorating, of any build-
ing or work that is financed in whole or in part by a grant
under this title, shall be paid wages not less than those
determined by the Secretary of Labor in accordance with
the Act of March 3, 1931 (commonly known as the Davis-
Bacon Act); as amended (40 U.S.C. 276a–276a–5). The
Secretary of Labor shall have the authority and functions
set forth in reorganization plan of No. 14 of 1950 (15
FR 3176; 64 Stat. 1267) and section 2 of the Act of June
1, 1934 (commonly known as the Copeland Anti-Kickback
Act) as amended (40 U.S.C. 276c; 48 Stat. 948).
‘‘SEC. 12005. REQUIREMENTS.
‘‘(a) SPECIAL RULES.—
‘‘(1) MAINTENANCE
OF
EFFORT.—An entity
may receive a grant under this title for any fiscal
year only if the Secretary finds that either the com-
bined fiscal effort per student or the aggregate ex-
penditures of that entity (or, in the case of a local
educational agency, that entity and the State), with
respect to the provision of free public education by
such entity for the preceding fiscal year was not less
than 90 percent of such combined fiscal effort or ag-
gregate expenditures for the fiscal year for which the
determination is made.
‘‘(2) SUPPLEMENT NOT SUPPLANT.—An entity
shall use funds received under this title only to sup-
plement the amount of funds that would, in the ab-
sence of such Federal funds, be made available from
non-Federal sources for the repair, renovation, alter-
ation, and construction of school facilities used for
educational purposes, and not to supplant such
funds.
‘‘(b) GENERAL LIMITATIONS.—
‘‘(1) REAL PROPERTY.—No part of any grant
funds under this title shall be used for the acquisi-
tion of any interest in real property.
‘‘(2) MAINTENANCE.—Nothing in this title shall
be construed to authorize the payment of mainte-
nance costs in connection with any projects con-
structed in whole or in part with Federal funds pro-
vided under this title.
‘‘(3) 
ENVIRONMENTAL
SAFEGUARDS.—All
projects carried out with Federal funds provided
under this title shall comply with all relevant Fed-
eral, State, and local environmental laws and regula-
tions.
‘‘(4) ATHLETIC AND SIMILAR FACILITIES.—No
funds received under this title shall be used for sta-
diums or other facilities that are primarily used for
athletic contests or exhibitions or other events for
which admission is charged to the general public.
‘‘SEC. 12006. FEDERAL ASSESSMENT.
‘‘The Secretary shall reserve not more than 1 percent
of the funds appropriated to carry out this title for each
fiscal year—
‘‘(1) to collect such data as the Secretary deter-
mines necessary at the school, local, and State levels;
‘‘(2) to conduct studies and evaluations, includ-
ing national studies and evaluations, in order to—
‘‘(A) monitor the progress of projects sup-
ported with funds provided under this title; and
‘‘(B) evaluate the state of United States
public elementary and secondary school librar-
ies, media centers, and facilities; and
‘‘(3) to report to the Congress regarding the
findings of the studies and evaluations described in
paragraph (2).
‘‘SEC. 12007. TREATMENT OF CHARTER SCHOOLS.
‘‘A public charter school that constitutes a local edu-
cational agency under State law shall be eligible for assist-
ance under this title under the same terms and conditions
as any other local educational agency.
‘‘SEC. 12008. PROMPT PAYMENT OF CONTRACTORS PER-
FORMING FEDERALLY ASSISTED WORK.
‘‘The Secretary shall ensure that recipients of grants
under this title promptly pay contractors performing fed-
erally assisted work, or pay interest penalties in the same
manner and to the same extent as provided in section
3902 of title 31, United States Code (popularly known as
the ‘Prompt Payment Act of 1982’).
‘‘SEC. 12009. DEFINITIONS.
‘‘For the purpose of this title—
‘‘(1) the term ‘construction’ means the alter-
ation or renovation of a building, structure, or facil-
ity, including—
‘‘(A) the concurrent installation of equip-
ment; and
‘‘(B) the complete or partial replacement
of an existing facility, but only if such replace-
ment is less expensive and more cost-effective
than alteration, renovation, or repair of the fa-
cility;
‘‘(2) the term ‘school’ means a public structure
suitable for use as a classroom, laboratory, library,
media center, or related facility, the primary purpose
of which is the instruction of public elementary and
secondary school students.’’.
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