S 897 IS

To provide matching grants for the construction, renovation and repair of school facilities in areas affected by Federal activities, and for other purposes.

April 28, 1999

Mr. BAUCUS (for himself and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To provide matching grants for the construction, renovation and repair of school facilities in areas affected by Federal activities, 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; FINDINGS; PURPOSE.

(a) SHORT TITLE- This Act may be cited as the `Federally Impacted School Improvement Act'.

(b) FINDINGS- Congress makes the following findings:

(1) In 1950 Congress recognized its obligation, through the passage of Public Law 81-815, to provide school construction funding for local educational agencies impacted by the presence of Federal activities.

(2) The conditions of federally impacted school facilities providing educational programs to children in areas where the Federal Government is present have deteriorated to such an extent that the health and safety of the children served by such agencies is being compromised, and the school conditions have not kept pace with the increase in student population causing classrooms to become severely overcrowded and children to be educated in trailers.

(3) Local educational agencies in areas where there exists a significant Federal presence have little if any capacity to raise local funds for purposes of capital construction, renovation and repair due to the nontaxable status of Federal land.

(4) The need for renewed support by the Federal Government to help federally connected local educational agencies modernize their school facilities is far greater in 2000 than at any time since 1950.

(5) Federally connected local educational agencies and the communities the agencies serve are willing to commit local resources when available to modernize and replace existing facilities, but do not always have the resources available to meet their total facility needs due to the nontaxable presence of the Federal Government.

(6) Due to the conditions described in paragraphs (1) through (5) there is in 1999, as there was in 1950, a need for Congress to renew its obligation to assist federally connected local educational agencies with their facility needs.

(c) PURPOSE- The purpose of this Act is to provide matching grants to local educational agencies for the modernization of minimum school facilities that are urgently needed because--

(1) the existing school facilities of the agency are in such disrepair that the health and safety of the students served by the agency is threatened; and

(2) increased enrollment results in a need for additional classroom space.

SEC. 2. DEFINITIONS.

In this Act:

(1) MODERNIZATION- The term `modernization' means the repair, renovation, alteration, or construction of a facility, including--

(A) the concurrent installation of equipment; and

(B) the complete or partial replacement of an existing facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the facility.

(2) FACILITY- The term `facility' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility, the primary purpose of which is the instruction of public elementary school or secondary school students.

(3) LOCAL EDUCATIONAL AGENCY- The term `local educational agency' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965.

(4) SECRETARY- The term `Secretary' means--

(A) with respect to funds made available under paragraph (1) or (3) of section 4(a) for grants under section 6 or 8, respectively, the Secretary of Education; and

(B) with respect to funds made available under paragraph (2) of section (4)(a) for grants under section 6, the Secretary of Defense.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There are authorized to be appropriated to the Department of Education to carry out this Act $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years.

(b) PROHIBITION- None of the funds authorized to be appropriated under subsection (a) shall be available to a local educational agency to pay the cost of administration of the activities assisted under this Act.

SEC. 4. FEDERAL DISTRIBUTION OF FUNDING.

(a) IN GENERAL- From amounts appropriated under section 3(a) for a fiscal year the Secretary of Education--

(1) shall use 45 percent to award grants under section 6 to local educational agencies--

(A) that are eligible for assistance under section 8002(a); and

(B) for which the number of children determined under section 8003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made;

(2) shall make available to the Secretary of Defense 45 percent to enable the Secretary of Defense to award grants under section 6 to local educational agencies for which the number of children determined under subparagraphs (A), (B), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; and

(3) shall use 10 percent to award grants under section 8.

(b) DEPARTMENT OF DEFENSE FUNDING-

(1) IN GENERAL- Not later than 30 days after the date the Secretary of Education receives funds appropriated under section 3(a) for a fiscal year, the Secretary of Education shall make available to the Secretary of Defense from such funds the portion of such funds described in subsection (a)(2) for the fiscal year. The Secretary of Defense shall use the portion to award grants under section 6 through the Office of Economic Adjustment of the Department of Defense.

(2) LIMITATIONS-

(A) ADMINISTRATIVE EXPENSES- No funds made available under subsection (a)(2) shall be used by the Secretary of Defense to pay the costs of administration of the activities assisted under this Act.

(B) SPECIAL RATE- No funds made available under subsection (a)(2) shall be used to replace Federal funds provided to enhance the quality of life of dependents of members of the Armed Forces as determined by the Secretary of Defense.

SEC. 5. ELIGIBILITY REQUIREMENTS.

(a) IN GENERAL- A local educational agency shall be eligible to receive funds under this Act if--

(1) the local educational agency is described in paragraph (1) or (2) of section 4(a); and

(2) the local educational agency--

(A) received a payment under section 8002 of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and the assessed value of taxable property per student in the school district of the local educational agency is less than the average of the assessed value of taxable property per student in the State in which the local educational agency is located; or

(B) received a basic payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and for which the number of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constituted at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made.

(b) SPECIAL RULE- Any local educational agency described in subsection (a)(2)(B) may apply for funds under this section for the modernization of a facility located on Federal property (as defined in section 8013 of the Elementary and Secondary Education Act of 1965) only if the Secretary determines that the number of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 who were in average daily attendance in such facility constituted at least 50 percent of the number of children who were in average daily attendance in the facilities of the local educational agency during the school year preceding the school year for which the determination is made.

SEC. 6. BASIC GRANTS.

(a) AWARD BASIS- From the amounts made available under paragraphs (1) and (2) of section 4(a) the Secretary shall award grants to local educational agencies on such basis as the Secretary determines appropriate, including--

(1) in the case of a local educational agency described in section 5(a)(2)(A), a high percentage of the property in the school district of the local educational agency is nontaxable due to the presence of the Federal Government;

(2) in the case of a local educational agency described in section 5(a)(2)(B), a high number or percentage of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965;

(3) the extent to which the local educational agency lacks the fiscal capacity, including the ability to raise funds through the full use of the local educational agency's bonding capacity and otherwise, to undertake the modernization project without Federal assistance;

(4) the need for modernization to meet--

(A) the threat the condition of the facility poses to the safety and well-being of students;

(B) the requirements of the Americans with Disabilities Act of 1990;

(C) the costs associated with asbestos removal, energy conservation, and technology upgrading; and

(D) overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment;

(5) the facility needs of the local educational agency resulting from the acquisition or construction of military family housing under subchapter IV of chapter 169 of title 10, United Sates Code, and other actions of the Federal Government that cause an adverse impact on the facility needs of the local educational agency; and

(6) the age of the facility to be modernized regardless of whether the facility was originally constructed with funds authorized under Public Law 81-815.

(b) GRANT AMOUNT- In determining the amount of a grant the Secretary shall--

(1) consider the relative costs of the modernization;

(2) determine the cost of a project based on the local prevailing cost of the project;

(3) require that the Federal share of the cost of the project shall not exceed 50 percent of the total cost of the project;

(4) not provide a grant in an amount greater than $3,000,000 over any 5-year period; and

(5) take into consideration the amount of cash available to the local educational agency.

(c) ADMINISTRATION OF GRANTS- In awarding grants under this section the Secretary shall--

(1) establish by regulation the date by which all applications are to be received;

(2) consider in-kind contributions when calculating the 50 percent matching funds requirement described in subsection (b)(3); and

(3) subject all applications to a review process.

(d) SECTION 8007 FUNDING- In awarding grants under this section, the Secretary shall not take into consideration any funds received under section 8007 of the Elementary and Secondary Education Act of 1965.

SEC. 7. APPLICATIONS REQUIRED.

(a) IN GENERAL- Each local educational agency desiring a grant under this Act shall submit an application to the Secretary.

(b) CONTENTS- Each application shall contain--

(1) a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 in average daily attendance in each facility;

(2) a description of the ownership of the property on which the current facility is located or on which the planned facility will be located;

(3) a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds provided under this Act, including the priority for the repair of the deficiency;

(4) a description of any facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how that deficiency will be repaired;

(5) a description of the criteria used by the local educational agency to determine the type of corrective action necessary to meet the purposes of this Act;

(6) a description of the modernization to be supported with funds provided under this Act;

(7) a cost estimate of the proposed modernization;

(8) an identification of other resources (such as unused bonding capacity), if applicable, that are available to carry out the modernization, and an assurance that such resources will be used for the modernization;

(9) a description of how activities assisted with funds provided under this Act will promote energy conservation; and

(10) such other information and assurances as the Secretary may reasonably require.

(c) CONTINUING CONSIDERATION- A local educational agency that applies for assistance under this Act (other than section 8) for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following 5 fiscal years.

SEC. 8. EMERGENCY GRANTS.

(a) WAIVER OF MATCHING REQUIREMENT- From the amount made available under section 4(a)(3) the Secretary shall award grants to any local educational agency for which the number of children determined under section 8003(a)(1)(C) constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency during the school year preceding the school year for which the determination is made, if the Secretary determines a facility emergency exists that poses a health or safety hazard to the students and school personnel assigned to the facility.

(b) CERTIFICATION OF EMERGENCY- In addition to meeting the requirements of section 7, a local educational agency desiring funds under this section shall include in the application submitted under section 7 a signed statement from a State official certifying that a health or safety deficiency exists.

(c) GRANT AMOUNT; PRIORITIZATION RULES; CONTINUING CONSIDERATION-

(1) GRANT AMOUNT- In determining the amount of grant awards under this section, the Secretary shall make every effort to fully meet the facility needs of the local educational agencies applying for funds under this section.

(2) PRIORITIZATION RULE- If the Secretary receives more than 1 application under this section for any fiscal year, the Secretary shall prioritize the applications based on when an application was received and the severity of the emergency as determined by the Secretary.

(3) CONTINUING CONSIDERATION- A local educational agency that applies for assistance under this section for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following fiscal year, subject to the prioritization requirement described in paragraph (2).

SEC. 9. REQUIREMENTS.

(a) MAINTENANCE OF EFFORT- A 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 student 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 percent of such combined fiscal effort or aggregate expenditures for the fiscal year for which the determination is made.

(b) SUPPLEMENT NOT SUPPLANT- An eligible local educational agency shall use funds received under this subsection 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 modernization of school facilities used for educational purposes, and not to supplant such funds.

SEC. 10. GENERAL LIMITATIONS.

(a) REAL PROPERTY- No part of any grant funds awarded under this Act shall be used for the acquisition of any interest in real property.

(b) MAINTENANCE- Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any facilities modernized in whole or in part with Federal funds provided under this Act.

(c) ENVIRONMENTAL SAFEGUARDS- All projects carried out with Federal funds provided under this Act shall comply with all relevant Federal, State, and local environmental laws and regulations.

(d) ATHLETIC AND SIMILAR FACILITIES- No funds received under this Act shall be used for outdoor stadiums or other facilities that are primarily used for athletic contests or exhibitions, or other events, for which admission is charged to the general public.

END