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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 EducationGoals.
Mr. OWENS introduced the following bill; which was referred to the Committee 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- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Education Infrastruc- 6 SEC. 2. FINDINGS.
(1) improving the quality of public elementary and secondary school libraries, media centers, and facilities will help our Nation meet the National (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 (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.
12 SEC. 3. PURPOSE.
It is the purpose of this Act to help our Nation meet 14 the National Education Goals through the repair, renova- 15 tion, alteration and construction of public elementary and 16 secondary school libraries, media centers, and facilities, 17 used for academic or vocational instruction.
18 SEC. 4. DEFINITIONS.
(1) the term ‘‘alteration’’ refers to any change to an existing property for use for a different pur- (2) the term ‘‘construction’’ refers to the erec- tion of a building, structure, or facility, including the concurrent installation of equipment, site prepara- •HR 4316 IH
tion, associated roads, parking, and utilities, which provides area or cubage not previously available, in- entryways, and any other means to provide usa- ble program space that did not previously exist; (B) the complete replacement of an exist- (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 (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- (B) serves large numbers or percentages of •HR 4316 IH
(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- (6) the term ‘‘Secretary’’, unless otherwise specified, means the Secretary of Education.
15 SEC. 5. IMPROVEMENT OF PUBLIC ELEMENTARY AND SEC-
ONDARY EDUCATION FACILITIES PROGRAM
AUTHORIZED.
(a) PROGRAM AUTHORITY.—From amounts appro- 19 priated pursuant to the authority of subsection (b) in any 20 fiscal year, the Secretary shall award grants to eligible 21 local educational agencies having applications approved 22 under section 6 to carry out the authorized activities de- (b) AUTHORIZATION OF APPROPRIATIONS.—There 25 are to be appropriated $600,000,000 for fiscal year 1995, •HR 4316 IH
1 and such sums as may be necessary for each of the fiscal 2 years 1996 through 2004, to carry out this Act.
3 SEC. 6. APPLICATIONS.
(a) CONTENTS REQUIRED.—Each eligible local edu- 5 cational agency desiring to receive a grant under this Act 6 shall submit an application to the Secretary. Each such (1) contain an assurance that such application was developed in consultation with parents and civil, structural, mechanical, electrical, or tele- phone line, deficiency to be corrected with funds provided under this Act, including the priority (B) a description of the corrective action to be supported with funds provided under this (C) a cost estimate of the proposed correc- (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 •HR 4316 IH
of public elementary and secondary school li- (E) a description of how such agency plans to maintain the repair, renovation, alteration, or construction supported with funds provided (F) a description of the extent to which the repair, renovation, alteration, or construction will help the Secretary meet the goals described (b) PRIORITIES IN SELECTION OF APPLICATIONS.— 14 In selecting applications for the award of grant funds 15 under this Act, the Secretary shall give priority to local (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, (3) serve areas with high rates of unemploy- •HR 4316 IH
1 SEC. 7. AUTHORIZED ACTIVITIES.
Each eligible local educational agency receiving a 3 grant under this Act shall use such grant funds to help 4 our Nation meet the National Education Goals through 5 the repair, renovation, alteration, and construction of a 6 public elementary or secondary school library, media cen- 7 ter, or facility, used for academic or vocational instruction, (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- (4) meeting the requirements of section 504 of the Rehabilitation Act of 1973 and the Americans (5) removal or containment of severely hazard- ous material such as asbestos, lead, and radon using (6) installation or upgrading of school security (8) meeting Federal, State, or local codes relat- ed to fire, air, light, noise, waste disposal, building •HR 4316 IH
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 6 SEC. 8. REQUIREMENTS.
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- (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 •HR 4316 IH
used for educational purposes, and not to supplant (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- projects carried out with Federal funds provided under this Act shall comply with all relevant Fed- eral, State, and local environmental laws and regula- (4) APPLICABILITY OF LAWS REGARDING INDI- 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 •HR 4316 IH
1 SEC. 9. CONTRACTS.
If a project assisted under this Act will be carried 3 out pursuant to a contract, the following limitations shall (1) MINORITY PARTICIPATION.—The Secretary 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- (B) an evaluation process for such partici- pation that gives significant weight to the goals (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- •HR 4316 IH
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.
10 SEC. 10. TECHNICAL ASSISTANCE.
The comprehensive regional centers established under 12 section 2203 of the Elementary and Secondary Education 13 Act of 1965 may provide assistance in the repair, renova- 14 tion, alteration, and construction of public elementary or 15 secondary school libraries, media centers, or facilities to 16 eligible local educational agencies receiving assistance 18 SEC. 11. FEDERAL ASSESSMENT.
The Secretary shall reserve not more than 1 percent 20 of funds appropriated pursuant to the authority of section (1) to collect such data as the Secretary deter- mines necessary at the school, local, and State levels; •HR 4316 IH
(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, (3) to report to the Congress by July 1, 1997, regarding the findings of the studies and evaluations •HR 4316 IH

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