21st Century High-Performing Public School Facilities Act of 2006 - Requires the Secretary of Education to make grants in each fiscal year to local educational agencies (LEAs) in each state for the construction, modernization, or repair of kindergarten, elementary, or secondary schools to make them safe, healthy, high-performing, and technologically up-to-date. Gives priority to LEAs serving a high number or percentage of disadvantaged children and those whose public schools are in relatively poor condition. Requires LEAs to contribute funds toward the costs of the program, but uses a sliding scale that factors in the relative poverty of an LEA's service area.
Requires the Secretary to make low-interest loans to LEAs in each fiscal year for the same purposes and with the same priorities given in the distribution of the grants.
Establishes the School Construction, Modernization, and Repair Revolving Fund consisting of amounts derived from the low-interest loans and appropriations made to the Fund by this Act.
Amends part D of title II of the Elementary and Secondary Education Act of 1965 to authorize and make appropriations for educational technology.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5928 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5928
To direct the Secretary of Education to make grants and low-interest
loans to local educational agencies for the construction,
modernization, or repair of public kindergarten, elementary, and
secondary educational facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2006
Mr. Chandler (for himself, Mr. George Miller of California, Ms.
Woolsey, Ms. McCollum of Minnesota, Mr. Conyers, Mr. Holt, Mr.
Hinojosa, Mr. Gonzalez, Mr. Case, Mr. Owens, Mr. Holden, Mr. Davis of
Illinois, Mrs. Tauscher, Mr. Moore of Kansas, Mr. Stark, Mr. Costa, and
Mr. Payne) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to make grants and low-interest
loans to local educational agencies for the construction,
modernization, or repair of public kindergarten, elementary, and
secondary educational facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century High-Performing Public
School Facilities Act of 2006''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES
Subtitle A--Grants for Construction, Modernization, or Repair of School
Facilities
Sec. 101. Grants.
Sec. 102. Allocation of funds.
Sec. 103. Priority; criteria for awarding grants.
Sec. 104. Authorized matching requirement.
Sec. 105. Allowable uses of funds.
Sec. 106. Application for grant.
Subtitle B--Low-Interest Loans for Construction, Modernization, or
Repair of School Facilities
Sec. 111. Low-interest loans.
Sec. 112. Revolving fund.
Subtitle C--General Provisions
Sec. 121. Impermissible uses of funds.
Sec. 122. Supplement, not supplant.
Sec. 123. Maintenance of effort.
Sec. 124. Special rule.
Sec. 125. Fair wages.
Sec. 126. Reporting.
Sec. 127. Authorization of appropriations.
TITLE II--EDUCATIONAL TECHNOLOGY FUNDING
Sec. 201. Educational technology funding.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) The average public school building was built in the
early 1960's.
(2) Of the Nation's public school buildings, at least one-
third need extensive repair or replacement and two-thirds have
troublesome environmental conditions such as the presence of
asbestos or lead in water and paint.
(3) In its 2005 report card on the Nation's physical
infrastructure, the American Society of Civil Engineers gave
our schools a D.
(4) The Nation's public schools need hundreds of billions
of dollars in construction, modernization, and repair to bring
them up to modern structural, educational (including
educational technology and educational technology
infrastructure), and health standards.
(5) Improving the quality of public elementary and
secondary school facilities to make them safe, healthy, high-
performing, and up-to-date technologically will help students
improve their academic performance and will improve teacher
retention.
(6) Improving the quality of public elementary and
secondary school facilities is a matter of national importance,
and the Federal government must do more to help States and
school districts fulfill their responsibilities in this area.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``Bureau-funded school'' has the meaning given
to such term in section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021).
(2) The term ``charter school'' has the meaning given such
term in section 5210 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7221i).
(3) The term ``local educational agency''--
(A) has the meaning given to that term in section
9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801); and
(B) includes any public charter school that
constitutes a local educational agency under State law.
(4) The term ``outlying area''--
(A) means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands; and
(B) includes the freely associated states of the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(5) The term ``Secretary'' means the Secretary of
Education.
(6) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES
Subtitle A--Grants for Construction, Modernization, or Repair of School
Facilities
SEC. 101. GRANTS.
Each fiscal year, the Secretary of Education shall make grants to
local educational agencies in each State for the purpose of
constructing, modernizing, or repairing public kindergarten,
elementary, and secondary educational facilities that are safe,
healthy, high-performing, and up-to-date technologically.
SEC. 102. ALLOCATION OF FUNDS.
(a) Reservation.--From the amount appropriated to carry out this
subtitle for each fiscal year pursuant to section 127, the Secretary
shall reserve 1 percent of such amount, consistent with the purpose
described in section 101--
(1) to provide assistance to the outlying areas; and
(2) for payments to the Secretary of the Interior to
provide assistance to Bureau-funded schools.
(b) Allocation of Grants.--
(1) State-by-state allocation.--From the amount
appropriated to carry out this subtitle for each fiscal year
pursuant to section 127, and not reserved under subsection (a),
the Secretary shall reserve for grants to local educational
agencies in each State an aggregate amount in proportion to the
aggregate amount received by all local educational agencies in
the State involved under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)
for the previous fiscal year relative to the total amount
received by all local educational agencies in every State under
such part for such fiscal year.
(2) Within-state allocation.--From the amount reserved for
grants to local educational agencies in a State under paragraph
(1), the Secretary shall reserve for grants to local
educational agencies in the State that are receiving assistance
under section 1124A of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6334) an aggregate amount that is at
least in proportion to the aggregate amount received by such
local educational agencies under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.) for the previous fiscal year relative to the total
amount received by all local educational agencies in the State
under such part for such fiscal year.
SEC. 103. PRIORITY; CRITERIA FOR AWARDING GRANTS.
(a) Priority.--In awarding grants to local educational agencies
under this subtitle, the Secretary shall give priority to local
educational agencies with greater--
(1)(A) numbers of children counted under section 1124(c) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)); or
(B) percentages of children served who are counted under
section 1124(c) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6333(c)); and
(2) need for school construction, modernization, or repair,
as demonstrated by the condition of the public school
facilities.
(b) Criteria.--In awarding grants to local educational agencies
under this subtitle, the Secretary shall also consider the following
criteria:
(1) The fiscal capacity of a local educational agency to
meet its needs for construction, modernization, and repair of
public school facilities without assistance under this
subtitle, including the ability of the local educational agency
to raise funds through the use of local bonding capacity and
otherwise.
(2) In the case of a local educational agency that proposes
to fund a construction, modernization, or repair project for
one or more public charter schools, the extent to which the
schools have access to funding for the project through the
financing methods available to other public schools or local
educational agencies in the State.
(3) The likelihood that the local educational agency will
maintain, in good condition, any facility whose construction,
modernization, or repair is assisted under this subtitle.
(4) The local educational agency's plan to obtain private
business contributions described in section 1397E(d)(2)(B) of
the Internal Revenue Code of 1986 (26 U.S.C. 1397E(d)(2)(B)),
except that an otherwise qualified local educational agency
shall not be denied a grant as a result of its inability to
obtain such contributions despite its good faith efforts.
SEC. 104. AUTHORIZED MATCHING REQUIREMENT.
(a) In General.--The Secretary shall require a local educational
agency to contribute matching funds toward the costs of the program to
be carried out with a grant received by the agency under this subtitle.
(b) Match Amount.--The Secretary shall establish the amount of
matching funds to be provided by a local educational agency under this
section by using a sliding scale that takes into account the relative
poverty of the population served by the local educational agency.
(c) Determination of Amount Contributed.--The Secretary shall allow
a local educational agency to satisfy the requirement of this section
through in-kind contributions.
SEC. 105. ALLOWABLE USES OF FUNDS.
A local educational agency receiving a grant under this subtitle
may use the grant for the following:
(1) Repair or modernization of public school facilities to
ensure the health and safety of students and staff, including--
(A) repairing, replacing, or installing roofs,
electrical wiring, plumbing systems, sewage systems,
windows, or doors;
(B) repairing, replacing, or installing heating,
ventilation, or air conditioning systems (including
insulation); and
(c) bringing public schools into compliance with
fire and safety codes.
(2) Modifications necessary to make public school
facilities accessible to comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except
that such modifications shall not be the primary use of the
grant.
(3) Asbestos abatement or removal from public school
facilities.
(4) Implementation of measures designed to reduce or
eliminate human exposure to lead-based paint hazards though
methods including interim controls, abatement, or a combination
of each.
(5) Upgrading or installation of educational technology and
educational technology infrastructure to ensure that students
have access to up-to-date educational technology.
(6) Upgrading school facilities to make them energy-
efficient.
(7) Construction of new school facilities that ensure the
health and safety of students and staff, are energy-efficient,
and include up-to-date educational technology and educational
technology infrastructure, including where such construction is
economically or otherwise more feasible than large scale
modernization or repair of existing facilities.
SEC. 106. APPLICATION FOR GRANT.
(a) Applications Required.--A local educational agency desiring to
receive a grant under this subtitle shall submit an application to the
Secretary as such time, in such manner, and containing such information
as the Secretary may reasonably require.
(b) Application Contents.--Each application described in subsection
(a) shall contain--
(1) an assurance that the application was developed in
consultation with parents and classroom teachers;
(2) a description of the overall condition of the local
educational agency's school facilities, including health and
safety problems;
(3) a description of the capacity of the local educational
agency's schools to house current and projected enrollments;
(4) a description of the extent to which the local
educational agency's schools offer the physical infrastructure,
including for educational technology, needed to provide all
students a high-quality education;
(5) a description of the improvements to be supported with
funds provided under this subtitle;
(6) a cost estimate of the proposed improvements;
(7) an identification of other resources that are available
to carry out the activities for which funds are requested under
this subtitle; and
(8) such other information and assurances as the Secretary
may reasonably require.
Subtitle B--Low-Interest Loans for Construction, Modernization, or
Repair of School Facilities
SEC. 111. LOW-INTEREST LOANS.
(a) Authority and Conditions for Loans.--Each fiscal year, the
Secretary shall make low-interest loans to local educational agencies
for the construction, modernization, or repair of public kindergarten,
elementary, and secondary educational facilities that are safe,
healthy, high-performing, and up-to-date technologically.
(b) Priority; Criteria for Approving Loans.--
(1) Priority.--In making loans under this subtitle, the
Secretary shall give priority to local educational agencies
described in section 103(a).
(2) Criteria.--In making loans under this subtitle, the
Secretary shall also consider the criteria specified in section
103(b).
(c) Allowable Uses of Funds.--A local educational agency receiving
a loan under this subtitle may use the loan for any of the activities
described in section 105.
(d) Amount and Conditions of Loans.--In making loans under this
subtitle, the Secretary shall ensure that--
(1) the amount of a loan does not exceed the total
construction, modernization, or repair costs involved, as
determined by the Secretary; and
(2) the loan is secured in such manner and must be repaid
within such period, not exceeding 30 years, as may be
determined by the Secretary.
SEC. 112. REVOLVING FUND.
(a) Establishment.--There is established in the Treasury a
revolving fund to be known as the School Construction, Modernization,
and Repair Revolving Fund (in this section referred to as the
``revolving fund'').
(b) Contents of Fund.--The revolving fund shall consist of--
(1) any amounts derived from the loan program carried out
under this subtitle; and
(2) any amounts appropriated to carry out this subtitle
pursuant to section 127.
(c) Availability.--The revolving fund shall be available to the
Secretary, in amounts specified in appropriations Acts and without
fiscal year limitation, to carry out this subtitle.
Subtitle C--General Provisions
SEC. 121. IMPERMISSIBLE USES OF FUNDS.
No funds received under this title may be used for--
(1) payment of maintenance costs; or
(2) stadiums or other facilities primarily used for
athletic contests or exhibitions or other events for which
admission is charged to the general public.
SEC. 122. SUPPLEMENT, NOT SUPPLANT.
A local educational agency receiving a grant under subtitle A or a
loan under subtitle B shall use such Federal funds only to supplement
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 educational
facilities.
SEC. 123. MAINTENANCE OF EFFORT.
A local educational agency may receive a grant under subtitle A or
a loan under subtitle B for any fiscal year only if the Secretary finds
that either the combined fiscal effort per student or the aggregate
expenditures of the agency and the State involved with respect to the
provision of free public education by the agency for the preceding
fiscal year was not less than 90 percent of the combined fiscal effort
or aggregate expenditures for the second preceding fiscal year.
SEC. 124. SPECIAL RULE.
Each local educational agency receiving a grant under subtitle A or
a loan under subtitle B shall ensure that, if the agency carries out
construction, modernization, or repair through a contract, the process
for any such contract ensures the maximum number of qualified bidders,
including small, minority, and women-owned businesses, through full and
open competition.
SEC. 125. APPLICATION OF GEPA.
The grant program under subtitle A and the loan program under
subtitle B are applicable programs (as that term is defined in section
400 of the General Education Provisions Act (20 U.S.C. 1221)) subject
to section 439 of such Act (20 U.S.C. 1232b).
SEC. 126. REPORTING.
(a) Reports by Local Educational Agencies.--Not later than December
31 of each fiscal year, each local educational agency receiving a grant
under subtitle A or a loan under subtitle B shall submit to the
Secretary a report on the agency's use of such grant or loan funds.
(b) Reports by Secretary.--Not later than December 31 of each
fiscal year, the Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report on grants
and loans made under this title, including the Secretary's efforts
pursuant to sections 103(a) and 111(b)(1), the types of construction,
modernization, and repair funded, and the number of students impacted,
including the number of students counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
SEC. 127. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out subtitles A, B, and C of this title,
there are authorized to be appropriated $6,400,000,000 for fiscal year
2007 and such sums as may be necessary for each of fiscal years 2008
through 2011.
(b) Allocation.--Of the amount appropriated pursuant to this
section for each fiscal year--
(1) not less than 85 percent shall be reserved to carry out
subtitle A; and
(2) not more than 15 percent may be reserved to carry out
subtitle B.
TITLE II--EDUCATIONAL TECHNOLOGY FUNDING
SEC. 201. EDUCATIONAL TECHNOLOGY FUNDING.
Section 2404(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6754(a)) is amended to read as follows:
``(a) In General.--To carry out subparts 1 and 2, there are
authorized to be appropriated, and there are appropriated,
$1,000,000,000 for fiscal year 2007.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Education Reform.
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