I 
108TH CONGRESS 
2D SESSION 
H. R. 4252
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 
APRIL 30, 2004
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. 
(a) IN GENERAL.—The Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amend-
ed by adding at the end the following:
‘‘TITLE X—SCHOOL FACILITIES 
INFRASTRUCTURE IMPROVE-
MENT 
‘‘SEC. 10001. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amount appropriated 
for any fiscal year to carry out this title, the 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 10002. 
‘‘(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. 10002. 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. 10003. 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. 10004. 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 to 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. 10005. 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. 10006. 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. 10007. 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. 10008. 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. 10009. 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.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) is amended by adding at the end 
the following:
‘‘TITLE X—SCHOOL FACILITIES INFRASTRUCTURE 
IMPROVEMENT 
‘‘Sec. 10001. Program authorized. 
‘‘Sec. 10002. Authorized activities. 
‘‘Sec. 10003. General provisions. 
‘‘Sec. 10004. Fair wages. 
‘‘Sec. 10005. Requirements. 
‘‘Sec. 10006. Federal assessment. 
‘‘Sec. 10007. Treatment of charter schools. 
‘‘Sec. 10008. Prompt payment of contractors performing federally assisted 
work. 
‘‘Sec. 10009. Definitions.’’.
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