I 
110TH CONGRESS 
2D SESSION 
H. R. 6293 
To amend the Elementary and Secondary Education Act of 1965 to establish 
a discretionary grant program for school construction for local edu-
cational agencies affected by base closures and realignments, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2008 
Mr. HAYES (for himself, Mr. MCINTYRE, and Mr. EDWARDS) introduced the 
following bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Armed Services, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to establish a discretionary grant program for 
school construction for local educational agencies affected 
by base closures and realignments, and for other pur-
poses. 
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 ‘‘Military Children’s 
School Investment Act’’. 
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‘‘(ii) of not less than 250, or not less 
than 10 percent (whichever is lower), of 
students who are children described in— 
‘‘(I) subparagraph (A), (B), or 
(D) of section 8003(a)(1); or 
‘‘(II) subparagraph (F) or (G) of 
section 8003(a)(1), but only to the ex-
tent such children are civilian depend-
ents of employees of the Department 
of Defense; and 
‘‘(iii) that is the direct result of one or 
more of the following: 
‘‘(I) Base realignment and clo-
sure or global rebasing, as determined 
by the Secretary of Defense. 
‘‘(II) Force structure changes or 
force reductions. 
‘‘(III) An action initiated by the 
Secretary of Defense. 
‘‘(3) CRITERIA
FOR
GRANTS.—In considering 
an application for a grant the Secretary shall con-
sider— 
‘‘(A) the extent to which the local edu-
cational agency involved needs the grant be-
cause it lacks the fiscal capacity to undertake 
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the project for which the grant would be used 
without the grant; and 
‘‘(B) the demonstrated need for the con-
struction, reconstruction, or renovation based 
on the condition of the facility in the project. 
‘‘(4) ELIGIBLE PROJECTS.—To be an eligible 
project for a grant under paragraph (1), the project 
must consist of— 
‘‘(A) the construction of new elementary or 
secondary schools to meet the needs imposed by 
enrollment growth; 
‘‘(B) the construction of additional aca-
demic learning space at existing schools; 
‘‘(C) the repair or upgrading of classrooms 
or structures related to academic learning, in-
cluding but not limited to roofs, walls, plumb-
ing, ventilation equipment, and inadequate 
heating or lighting equipment; or 
‘‘(D) the leasing of buildings or portions of 
buildings from a private entity for the purpose 
of providing school space, with the Secretary’s 
approval. 
‘‘(5) AMOUNT AND CONDITIONS OF GRANTS.— 
In making grants under this subsection, the Sec-
retary shall ensure that the amount of a grant does 
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not exceed the total construction, modernization, or 
repair costs involved, as determined by the Sec-
retary. 
‘‘(6) IMPERMISSIBLE
USES
OF
FUNDS.—No 
funds received under this subsection may be used 
for— 
‘‘(A) payment of maintenance costs; or 
‘‘(B) stadiums or other facilities primarily 
used for athletic contests or exhibitions or other 
events for which admission is charged to the 
general public. 
‘‘(7) SUPPLEMENT, NOT
SUPPLANT.—A local 
educational agency receiving a grant under this sub-
section shall use such Federal funds only to supple-
ment and not supplant the amount of funds that 
would, in the absence of such Federal funds, be 
available for construction, modernization, and repair 
of public kindergarten, elementary, and secondary 
school facilities. 
‘‘(8) REPORTING.— 
‘‘(A) REPORTS BY SECRETARY.—Not later 
than December 31 of each fiscal year, the Sec-
retary, and the Secretary of Defense, shall each 
submit to the Committee on Education and 
Labor and the Committee on Armed Services of 
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the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pen-
sions and the Committee on Armed Services of 
the Senate a report on grants made under this 
subsection, including the types of construction, 
modernization, and repair funded, and the 
number of students impacted. 
‘‘(B) REPORTS
BY
LOCAL
EDUCATIONAL 
AGENCIES.—Not later than September 30 of 
each fiscal year, each local educational agency 
receiving a grant under this subsection shall 
submit to the Secretary, and to the Secretary of 
Defense, a report on the agency’s use of such 
grant funds.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
8014 of that Act (20 U.S.C. 7714) is amended— 
(1) in subsection (e) by inserting after ‘‘8007’’ 
the following: ‘‘other than section 8007(c)’’; and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) SCHOOL CONSTRUCTION GRANTS.—For the 
purposes of carrying out section 8007(c), there are author-
ized to be appropriated $500,000,000 for fiscal year 2009 
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and such sums as may be necessary for each of the seven 
succeeding fiscal years.’’. 
Æ 
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