of public elementary and secondary school li-
braries, media centers, and facilities;
(E) a description of how such agency plans
to maintain the repair, renovation, alteration,
or construction supported with funds provided
under this subtitle;
(F) a description of the extent to which the
repair, renovation, alteration, or construction
will help the Secretary meet the goals described
in section 1609(1)(A); and
(G) such other information as the Sec-
retary may reasonably require.
(b) PRIORITIES IN SELECTION OF APPLICATIONS.—
In selecting applications for the award of grant funds
under this subtitle, the Secretary shall give priority to
local educational agencies that—
(1) are seeking funds for the repair, renovation,
alteration, or construction of facilities that are the
oldest for which funds are sought under this sub-
title;
(2) have the highest number of facilities with
health and safety hazards from one or more of the
following sources: asbestos, lead, radon, plumbing,
electrical wiring; and
(3) serve areas with high rates of unemploy-
ment.
SEC. 1607. AUTHORIZED ACTIVITIES.
Each eligible local educational agency receiving a
grant under this subtitle shall use such grant funds to help
our Nation meet the National Education Goals through
the repair, renovation, alteration, and construction of a
public elementary or secondary school library, media cen-
ter, or facility, used for academic or vocational instruction,
including—
(1) inspection of such library, center, or facility;
(2) repairing such library, center, or facility
that poses a health or safety risk to students;
(3) upgrading of and alteration to such library,
center, or facility in order to accommodate new in-
structional technology;
(4) meeting the requirements of section 504 of
the Rehabilitation Act of 1973 and the Americans
with Disabilities Act of 1990;
(5) removal or containment of severely hazard-
ous material such as asbestos, lead, and radon using
a cost-effective method;
(6) installation or upgrading of school security
and communications systems;
(7) energy conservation;
(8) meeting Federal, State, or local codes relat-
ed to fire, air, light, noise, waste disposal, building
height, or other codes passed since the initial con-
struction of such library, center, or facility; and
(9) replacing an old library, center, or facility
that is most cost-effectively torn down rather than
renovated.
SEC. 1608. REQUIREMENTS.
(a) SPECIAL RULES.—
(1) MAINTENANCE
OF
EFFORT.—An eligible
local educational agency may receive a grant under
this subtitle for any fiscal year only if the Secretary
finds that either the combined fiscal effort per stu-
dent or the aggregate expenditures of that agency
and the State with respect to the provision of free
public education by such local educational agency for
the preceding fiscal year was not less than 90 per-
cent of such combined fiscal effort or aggregate ex-
penditures for the fiscal year for which the deter-
mination is made.
(2) SUPPLEMENT NOT SUPPLANT.—An eligible
local educational agency shall use funds received
under this subtitle only to supplement the amount of
funds that would, in the absence of such Federal
funds, be made available from non-Federal sources
for the repair 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 subtitle shall be used for the acqui-
sition of any interest in real property.
(2) MAINTENANCE.—Nothing in this subtitle
shall be construed to authorize the payment of main-
tenance costs in connection with any projects con-
structed in whole or in part with Federal funds pro-
vided under this subtitle.
(3) 
ENVIRONMENTAL
SAFEGUARDS.—All
projects carried out with Federal funds provided
under this subtitle shall comply with all relevant
Federal, State, and local environmental laws and
regulations.
(4) APPLICABILITY OF LAWS REGARDING INDI-
VIDUALS
WITH
DISABILITIES.—Sections 504 and
505 of the Rehabilitation Act of 1973 and the Amer-
icans with Disabilities Act of 1990 shall apply to
projects carried out with Federal funds provided
under this subtitle.
SEC. 1609. CONTRACTS.
If a project assisted under this subtitle will be carried
out pursuant to a contract, the following limitations shall
apply:
(1) MINORITY PARTICIPATION.—The Secretary
shall establish—
(A) goals for the participation of small
business concerns as contractors or subcontrac-
tors that meet or exceed the governmentwide
goals established pursuant to section 15(g)(1)
of 
the 
Small 
Business 
Act 
(15 
U.S.C.
644(g)(1)) for the participation of such con-
cerns in contracts supported with funds under
this subtitle (and subcontracts under such con-
tracts); and
(B) an evaluation process for such partici-
pation that gives significant weight to the goals
described in subparagraph (A).
(2) DAVIS-BACON.—All laborers and mechanics
employed by contractors or subcontractors in the
performance of any contract and subcontract for the
repair, renovation, alteration, or construction, in-
cluding painting and decorating, of any building or
work that is financed in whole or in part by a grant
under this subtitle, shall be paid wages not less than
those determined by the Secretary of Labor in ac-