II 113th CONGRESS 1st Session S. 439 IN THE SENATE OF THE UNITED STATES March 4, 2013 Mr. Reid (for Mr. Begich ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 by establishing a program to support the modernization, renovation, or repair of career and technical education facilities, and for other purposes.

1. Short title This Act may be cited as the Career and Technical Education Facilities Modernization Act . 2. Findings Congress finds the following: (1) Career and technical education teaches academic subject matter in ways that are relevant and consistent to the real world. (2) Vocational education can reflect developmental needs by helping students recognize their interests, aptitudes, and abilities in age- and stage-appropriate ways. (3) In order for students to be high-performing, the education facilities used by the students must also be high-performing. (4) Many school facilities that offer vocational or career and technical education are inefficient and outdated. 3. Career and technical education facilities (a) Career and technical education facilities Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. ) is amended by adding at the end the following: 22 Career and technical education facilities 5621. Definitions In this subpart: (1) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Community college The term community college means— (A) a junior or community college, as that term is defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ); or (B) an institution of higher education (as defined in section 101 of such Act ( 20 U.S.C. 1001 )) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not— (i) baccalaureate degrees (or an equivalent); or (ii) master’s, professional, or other advanced degrees. (3) Eligible entity The term eligible entity means a local educational agency, community college, or other entity determined appropriate by the Secretary. (4) Qualified project The term qualified project — (A) means the modernization, renovation, or repair of a facility that will be used to improve the quality and availability of science, technology, engineering, mathematics, or career and technical education instruction to public elementary school or secondary school, or community college students, and that may include— (i) improving the energy efficiency of the facility; (ii) improving the cost-effectiveness of the facility in delivering quality education; (iii) improving student, faculty, and staff health and safety at the facility; (iv) improving, installing, or upgrading educational technology infrastructure; (v) retrofitting an existing building for career and technical education purposes; and (vi) a one-time repair of serviceable equipment at the facility, or replacement of equipment at the facility that is at the end of its serviceable lifespan, that will be used to further educational outcomes; and (B) does not include new construction or the payment of routine maintenance costs. 5622. Career and technical education facilities improvement (a) Program authorized From amounts appropriated under section 5401(b), the Secretary shall carry out a program to improve career and technical education facilities by— (1) awarding grants to eligible entities to enable the eligible entities to carry out qualified projects; (2) guaranteeing loans made to eligible entities for qualified projects; or (3) making payments of interest on bonds, loans, or other financial instruments (other than a refinancing) that are issued to eligible entities for qualified projects. (b) Application An eligible entity that desires to receive a grant, loan guarantee, or payment of interest under this subpart shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may require. The application shall include— (1) a detailed description of the qualified project; (2) in the case of a qualified project described in section 5621(4)(A)(vi), a description of the educational outcomes to be furthered by the one-time repair of serviceable equipment or replacement of equipment; (3) an indication as to whether the eligible entity prefers to receive a grant, loan guarantee, or payment of interest; (4) a description of the need for the qualified project; (5) a description of how the eligible entity will ensure that the qualified project will be adequately maintained; (6) an identification of any public elementary school or secondary school or community college that will benefit from the qualified project; (7) a description of how the qualified project will improve instruction and educational outcomes at the facility; (8) a description of how the facility supported by the qualified project will be used for providing educational services in science, technology, engineering, mathematics, or career and technical education; (9) a description of how the eligible entity will ensure that the modernization, renovation, or repair supported by the qualified project meets Leadership in Energy and Environmental Design (LEED) building rating standards, Energy Star standards, Collaborative for High Performance Schools (CHPS) criteria, Green Building Initiative environmental design and rating standards (Green Globes), or equivalent standards adopted by entities with jurisdiction over or related to the eligible entity; (10) a description of the fiscal capacity of the eligible entity; (11) the percentage of students enrolled in the public elementary school or secondary school or community college to be served by the qualified project who are from low-income families; (12) in the case of a qualified project at a facility that is used by students in a secondary school, the secondary school graduation rates; and (13) such additional information and assurances as the Secretary may require. (c) Priority In making awards under this subpart, the Secretary shall use not less than a total of 25 percent of the funds appropriated under section 5401(b) to eligible entities for qualified projects to benefit— (1) public elementary schools or secondary schools served by local educational agencies that are eligible to receive assistance under part B of title VI; or (2) community colleges serving a substantial number of rural students, as determined by the Secretary. (d) Supplement not supplant Funds made available under this subpart shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities supported under this subpart. (e) Technical assistance and administrative costs The Secretary may reserve not more than 3 percent of funds appropriated under section 5401(b) for the administrative costs of this subpart and to provide technical assistance to community colleges and local educational agencies concerning best practices in school facility renovation, repair, and modernization. (f) Reporting requirements Not later than 1 year after funds are appropriated to carry out this subpart, and every 2 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the effect of the qualified projects supported under this subpart on improving academic achievement. . (b) Authorization of appropriations Section 5401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 ) is amended— (1) by striking the matter preceding paragraph (1) and inserting the following: (a) In general There are authorized to be appropriated to carry out this part (except for subpart 22) the following amounts: ; and (2) by adding at the end the following: (b) Authorization for subpart 22 There are authorized to be appropriated to carry out subpart 22 $75,000,000 for fiscal year 2014 and each succeeding fiscal year. . (c) Conforming amendments The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5619 the following: SUBPART 22—Career and technical education facilities Sec. 5621. Definitions. Sec. 5622. Career and technical facilities improvement. .