I
103D CONGRESS
2D SESSION
H. R. 4316
To improve the quality of public elementary and secondary school libraries,
media centers, and facilities in order to help meet the National Education
Goals.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1994
Mr. OWENS introduced the following bill; which was referred to the Committee
on Education and Labor
A BILL
To improve the quality of public elementary and secondary
school libraries, media centers, and facilities in order
to help meet the National Education Goals.
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 ‘‘Education Infrastruc-
ture Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) improving the quality of public elementary
and secondary school libraries, media centers, and
facilities will help our Nation meet the National
Education Goals;
(2) Federal, State, and local funding for the re-
pair, renovation, alteration and construction of pub-
lic elementary and secondary school libraries, media
centers, and facilities has not adequately reflected
need; and
(3) the challenges facing our Nation’s public el-
ementary and secondary schools require the con-
certed and collaborative efforts of all levels of gov-
ernment and all sectors of the community.
SEC. 3. PURPOSE.
It is the purpose of this Act to help our Nation meet
the National Education Goals through the repair, renova-
tion, alteration and construction of public elementary and
secondary school libraries, media centers, and facilities,
used for academic or vocational instruction.
SEC. 4. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘alteration’’ refers to any change
to an existing property for use for a different pur-
pose or function;
(2) the term ‘‘construction’’ refers to the erec-
tion of a building, structure, or facility, including the
concurrent installation of equipment, site prepara-
tion, associated roads, parking, and utilities, which
provides area or cubage not previously available, in-
cluding—
(A) freestanding structures, additional
wings, 
or 
floors, 
enclosed 
courtyards 
or
entryways, and any other means to provide usa-
ble program space that did not previously exist;
and
(B) the complete replacement of an exist-
ing facility;
(3) the term ‘‘eligible local educational agency’’
means a local educational agency, as such term is
defined in section 1471 of the Elementary and Sec-
ondary Education Act of 1965, which demonstrates
in the application submitted under section 7 that
such agency—
(A) has urgent repair, renovation, alter-
ation and construction needs for its public ele-
mentary or secondary school libraries, media
centers, and facilities, used for academic or vo-
cational instruction; and
(B) serves large numbers or percentages of
disadvantaged students;
(4) the term ‘‘renovation’’ refers to any change
to an existing property to allow its more efficient use
within such property’s designated purpose;
(5) the term ‘‘repair’’ refers to the restoration
of a failed or failing real property facility, compo-
nent, or a building system to such a condition that
such facility, component, or system may be used ef-
fectively for its designated purpose, if, due to the na-
ture or extent of the deterioration or damage to such
facility, component, or system, such deterioration or
damage cannot be corrected through normal mainte-
nance; and
(6) the term ‘‘Secretary’’, unless otherwise
specified, means the Secretary of Education.
SEC. 5. IMPROVEMENT OF PUBLIC ELEMENTARY AND SEC-
ONDARY EDUCATION FACILITIES PROGRAM
AUTHORIZED.
(a) PROGRAM AUTHORITY.—From amounts appro-
priated pursuant to the authority of subsection (b) in any
fiscal year, the Secretary shall award grants to eligible
local educational agencies having applications approved
under section 6 to carry out the authorized activities de-
scribed in section 7.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are to be appropriated $600,000,000 for fiscal year 1995,
and such sums as may be necessary for each of the fiscal
years 1996 through 2004, to carry out this Act.
SEC. 6. APPLICATIONS.
(a) CONTENTS REQUIRED.—Each eligible local edu-
cational agency desiring to receive a grant under this Act
shall submit an application to the Secretary. Each such
application shall—
(1) contain an assurance that such application
was developed in consultation with parents and
classroom teachers; and
(2) include—
(A) a description of each architectural,
civil, structural, mechanical, electrical, or tele-
phone line, deficiency to be corrected with funds
provided under this Act, including the priority
for the repair of the deficiency;
(B) a description of the corrective action to
be supported with funds provided under this
Act;
(C) a cost estimate of the proposed correc-
tive action;
(D) an identification of the total amount
and percentage of such agency’s budget used in
the preceding fiscal year for the maintenance,
repair, renovation, alteration, and construction
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 Act;
(F) a description of the extent to which the
repair, renovation, alteration, or construction
will help the Secretary meet the goals described
in section 9(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 Act, 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 Act;
(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. 7. AUTHORIZED ACTIVITIES.
Each eligible local educational agency receiving a
grant under this Act 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. 8. REQUIREMENTS.
(a) SPECIAL RULES.—
(1) MAINTENANCE
OF
EFFORT.—An eligible
local educational agency may receive a grant under
this Act 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 Act 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 Act shall be used for the acquisi-
tion of any interest in real property.
(2) MAINTENANCE.—Nothing in this Act 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 Act.
(3) 
ENVIRONMENTAL
SAFEGUARDS.—All
projects carried out with Federal funds provided
under this Act shall comply with all relevant Fed-
eral, State, and local environmental laws and regula-
tions.
(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 Act.
SEC. 9. CONTRACTS.
If a project assisted under this Act 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 Act (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 Act, shall be paid wages not less than
those determined by the Secretary of Labor in ac-
cordance 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 reorga-
nization 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-Kick-
back Act) as amended (40 U.S.C. 276c, 48 Stat.
948).
SEC. 10. TECHNICAL ASSISTANCE.
The comprehensive regional centers established under
section 2203 of the Elementary and Secondary Education
Act of 1965 may provide assistance in the repair, renova-
tion, alteration, and construction of public elementary or
secondary school libraries, media centers, or facilities to
eligible local educational agencies receiving assistance
under this Act.
SEC. 11. FEDERAL ASSESSMENT.
The Secretary shall reserve not more than 1 percent
of funds appropriated pursuant to the authority of section
5(b)—
(1) to collect such data as the Secretary deter-
mines necessary at the school, local, and State levels;
and
(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 Act; and
(B) evaluate the state of American public
elementary and secondary school libraries,
media centers, and facilities; and
(3) to report to the Congress by July 1, 1997,
regarding the findings of the studies and evaluations
described in paragraph (2).
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