I
106TH CONGRESS
1ST SESSION
H. R. 1842
To provide matching grants for the construction, renovation, and repair of
school facilities in areas affected by Federal activities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 18, 1999
Mr. HAYWORTH (for himself and Mr. POMEROY) introduced the following bill;
which was referred to the Committee on Education and the Workforce,
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 con-
cerned
A BILL
To provide matching grants for the construction, renovation,
and repair of school facilities in areas affected by Federal
activities, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federally Impacted School Improvement Act’’.
(b) FINDINGS.—Congress makes the following find-
ings:
(1) In 1950 Congress recognized its obligation,
through the passage of Public Law 81–815, to pro-
vide school construction funding for local educational
agencies impacted by the presence of Federal activi-
ties.
(2) The conditions of federally impacted school
facilities providing educational programs to children
in areas where the Federal Government is present
have deteriorated to such an extent that the health
and safety of the children served by such agencies
is being compromised, and the school conditions
have not kept pace with the increase in student pop-
ulation causing classrooms to become severely over-
crowded and children to be educated in trailers.
(3) Local educational agencies in areas where
there exists a significant Federal presence have little
if any capacity to raise local funds for purposes of
capital construction, renovation and repair due to
the nontaxable status of Federal land.
(4) The need for renewed support by the Fed-
eral Government to help federally connected local
educational agencies modernize their school facilities
is far greater in 2000 than at any time since 1950.
(5) Federally connected local educational agen-
cies and the communities the agencies serve are will-
ing to commit local resources when available to mod-
ernize and replace existing facilities, but do not al-
ways have the resources available to meet their total
facility needs due to the nontaxable presence of the
Federal Government.
(6) Due to the conditions described in para-
graphs (1) through (5) there is in 1999, as there
was in 1950, a need for Congress to renew its obli-
gation to assist federally connected local educational
agencies with their facility needs.
(c) PURPOSE.—The purpose of this Act is to provide
matching grants to local educational agencies for the mod-
ernization of minimum school facilities that are urgently
needed because—
(1) the existing school facilities of the agency
are in such disrepair that the health and safety of
the students served by the agency is threatened; and
(2) increased enrollment results in a need for
additional classroom space.
SEC. 2. DEFINITIONS.
In this Act:
(1) MODERNIZATION.—The term ‘‘moderniza-
tion’’ means the repair, renovation, alteration, or
construction of a facility, including—
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Department of Education to carry out this
Act $50,000,000 for fiscal year 2001 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
(b) PROHIBITION.—None of the funds authorized to
be appropriated under subsection (a) shall be available to
a local educational agency to pay the cost of administra-
tion of the activities assisted under this Act.
SEC. 4. FEDERAL DISTRIBUTION OF FUNDING.
(a) IN
GENERAL.—From amounts appropriated
under section 3(a) for a fiscal year the Secretary of
Education—
(1) shall use 45 percent to award grants under
section 6 to local educational agencies—
(A) that are eligible for assistance under
section 8002(a) of the Elementary and Sec-
ondary Education Act of 1965; and
(B) for which the number of children de-
termined under section 8003(a)(1)(C) of the El-
ementary and Secondary Education Act of 1965
constitutes at least 25 percent of the number of
children who were in average daily attendance
in the schools of such local educational agency
during the school year preceding the school year
for which the determination is made;
(2) shall make available to the Secretary of De-
fense 45 percent to enable the Secretary of Defense
to award grants under section 6 to local educational
agencies for which the number of children deter-
mined under subparagraphs (A), (B), and (D) of
section 8003(a)(1) of the Elementary and Secondary
Education Act of 1965 constitutes at least 25 per-
cent of the number of children who were in average
daily attendance in the schools of such local edu-
cational agency during the school year preceding the
school year for which the determination is made; and
(3) shall use 10 percent to award grants under
section 8.
(b) DEPARTMENT OF DEFENSE FUNDING.—
(1) IN GENERAL.—Not later than 30 days after
the date the Secretary of Education receives funds
appropriated under section 3(a) for a fiscal year, the
Secretary of Education shall make available to the
Secretary of Defense from such funds the portion of
such funds described in subsection (a)(2) for the fis-
cal year. The Secretary of Defense shall use the por-
tion to award grants under section 6 through the
Office of Economic Adjustment of the Department
of Defense.
(2) LIMITATIONS.—
(A) 
ADMINISTRATIVE
EXPENSES.—No
funds made available under subsection (a)(2)
shall be used by the Secretary of Defense to
pay the costs of administration of the activities
assisted under this Act.
(B) SPECIAL RATE.—No funds made avail-
able under subsection (a)(2) shall be used to re-
place Federal funds provided to enhance the
quality of life of dependents of members of the
Armed Forces as determined by the Secretary
of Defense.
SEC. 5. ELIGIBILITY REQUIREMENTS.
(a) IN GENERAL.—A local educational agency shall
be eligible to receive funds under this Act if—
(1) the local educational agency is described in
paragraph (1) or (2) of section 4(a); and
(2) the local educational agency—
(A) received a payment under section 8002
of the Elementary and Secondary Education
Act of 1965 during the fiscal year preceding the
fiscal year for which the determination is made,
and the assessed value of taxable property per
student in the school district of the local edu-
cational agency is less than the average of the
assessed value of taxable property per student
in the State in which the local educational
agency is located; or
(B) received a basic payment under section
8003(b) of the Elementary and Secondary Edu-
cation Act of 1965 during the fiscal year pre-
ceding the fiscal year for which the determina-
tion is made, and for which the number of chil-
dren determined under subparagraphs (A), (B),
(C), and (D) of section 8003(a)(1) of the Ele-
mentary and Secondary Education Act of 1965
constituted at least 25 percent of the number of
children who were in average daily attendance
in the schools of such local educational agency
during the school year preceding the school year
for which the determination is made.
(b) SPECIAL RULE.—Any local educational agency
described in subsection (a)(2)(B) may apply for funds
under this section for the modernization of a facility lo-
cated on Federal property (as defined in section 8013 of
the Elementary and Secondary Education Act of 1965)
only if the Secretary determines that the number of chil-
dren determined under section 8003(a)(1) of the Elemen-
tary and Secondary Education Act of 1965 who were in
average daily attendance in such facility constituted at
least 50 percent of the number of children who were in
average daily attendance in the facilities of the local edu-
cational agency during the school year preceding the
school year for which the determination is made.
SEC. 6. BASIC GRANTS.
(a) AWARD BASIS.—From the amounts made avail-
able under paragraphs (1) and (2) of section 4(a) the Sec-
retary shall award grants to local educational agencies on
such basis as the Secretary determines appropriate,
including—
(1) in the case of a local educational agency de-
scribed in section 5(a)(2)(A), a high percentage of
the property in the school district of the local edu-
cational agency is nontaxable due to the presence of
the Federal Government;
(2) in the case of a local educational agency de-
scribed in section 5(a)(2)(B), a high number or per-
centage of children determined under subparagraphs
(A), (B), (C), and (D) of section 8003(a)(1) of the
Elementary and Secondary Education Act of 1965;
(3) the extent to which the local educational
agency lacks the fiscal capacity, including the ability
to raise funds through the full use of the local edu-
cational agency’s bonding capacity and otherwise, to
undertake the modernization project without Federal
assistance;
(4) the need for modernization to meet—
(A) the threat the condition of the facility
poses to the safety and well-being of students;
(B) the requirements of the Americans
with Disabilities Act of 1990;
(C) the costs associated with asbestos re-
moval, energy conservation, and technology up-
grading; and
(D) overcrowding conditions as evidenced
by the use of trailers and portable buildings and
the potential for future overcrowding because of
increased enrollment;
(5) the facility needs of the local educational
agency resulting from the acquisition or construction
of military family housing under subchapter IV of
chapter 169 of title 10, United States Code, and
other actions of the Federal Government that cause
an adverse impact on the facility needs of the local
educational agency; and
(6) the age of the facility to be modernized re-
gardless of whether the facility was originally con-
structed with funds authorized under Public Law
81–815.
(b) GRANT AMOUNT.—In determining the amount of
a grant the Secretary shall—
(1) consider the relative costs of the moderniza-
tion;
(2) determine the cost of a project based on the
local prevailing cost of the project;
(3) require that the Federal share of the cost
of the project shall not exceed 50 percent of the
total cost of the project;
(4) not provide a grant in an amount greater
than $3,000,000 over any 5-year period; and
(5) take into consideration the amount of cash
available to the local educational agency.
(c) ADMINISTRATION
OF
GRANTS.—In awarding
grants under this section the Secretary shall—
(1) establish by regulation the date by which all
applications are to be received;
(2) consider in-kind contributions when calcu-
lating the 50 percent matching funds requirement
described in subsection (b)(3); and
(3) subject all applications to a review process.
(d) SECTION 8007 FUNDING.—In awarding grants
under this section, the Secretary shall not take into con-
sideration any funds received under section 8007 of the
Elementary and Secondary Education Act of 1965.