< Back to H.R. 3705 (106th Congress, 1999–2000)

Text of the Public School Repair and Renovation Act of 2000

This bill was introduced on February 29, 2000, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 29, 2000 (Introduced).

Download PDF

Source: GPO

HR 3705 IH

106th CONGRESS

2d Session

H. R. 3705

To authorize Federal financial assistance for the urgent repair and renovation of public elementary and secondary schools in high-need areas.

IN THE HOUSE OF REPRESENTATIVES

February 29, 2000

Mr. CLAY (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr. KILDEE, Mrs. LOWEY, Mr. GEORGE MILLER of California, Mr. MARTINEZ, Mr. OWENS, Mr. PAYNE, Mrs. MINK of Hawaii, Mr. ANDREWS, Mr. SCOTT, Ms. WOOLSEY, Mr. ROMERO-BARCELO, Mr. FATTAH, Mr. HINOJOSA, Mr. TIERNEY, Mr. KIND, Mr. FORD, Mr. KUCINICH, and Mr. WU) introduced the following bill; which was referred to the Committee on Education and the Workforce


A BILL

To authorize Federal financial assistance for the urgent repair and renovation of public elementary and secondary schools in high-need areas.

    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 ‘Public School Repair and Renovation Act of 2000’.

SEC. 2. PUBLIC SCHOOL REPAIR AND RENOVATION.

    Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows:

‘TITLE XII--PUBLIC SCHOOL REPAIR AND RENOVATION

‘SEC. 12001. FINDINGS.

    ‘The Congress finds as follows:

      ‘(1) The General Accounting Office estimated in 1995 that it would cost $112,000,000,000 to bring school facilities in the United States into good overall condition.

      ‘(2) The General Accounting Office also found, in that year, that 60 percent of the schools in the United States, serving 28,000,000 students, reported that one or more building features, such as roofs or plumbing, needed to be extensively repaired, overhauled, or replaced.

      ‘(3) The National Center for Education Statistics reported that the average age for a school building in 1998 was 42 years and that local educational agencies with relatively high rates of poverty tend to have relatively old buildings.

      ‘(4) School condition is positively correlated with student achievement, according to a number of research studies.

      ‘(5) The results of a recent survey indicate that the condition of schools with large proportions of students living on Indian lands is particularly poor.

      ‘(6) While school repair and renovation are primarily a State and local concern, some States and communities are not, on their own, able to meet the burden of providing adequate school facilities for all students, and the poorest communities have had the greatest difficulty meeting this need. It is, therefore, appropriate for the Federal Government to provide assistance to high-need communities for school repair and renovation.

‘SEC. 12002. PURPOSE.

    ‘The purpose of this title is to assist high-need local educational agencies in making urgent repairs and renovations to public school facilities in order--

      ‘(1) to reduce health and safety problems faced by students; and

      ‘(2) to improve the ability of students to learn in their school environment.

‘SEC. 12003. AUTHORIZED ACTIVITIES.

    ‘(a) IN GENERAL- A recipient of a grant or loan under this title shall use the grant or loan to carry out the purpose of this title by--

      ‘(1) repairing or replacing roofs, electrical wiring, or plumbing;

      ‘(2) repairing, replacing, or installing heating, ventilation, or air conditioning systems;

      ‘(3) undertaking asbestos removal or abatement;

      ‘(4) bringing schools into compliance with fire safety codes;

      ‘(5) ensuring that repairs and renovations under this title comply with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 793) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) relating to the accessibility of public school programs to individuals with disabilities; and

      ‘(6) making other types of school repairs and renovations that the Secretary may reasonably determine are urgently needed, particularly projects to correct facilities problems that endanger the health and safety of students and staff.

    ‘(b) LIMITATION- The Secretary shall not approve an application for a grant or loan under this title unless the applicant demonstrates to the Secretary’s satisfaction that it lacks sufficient funds, from other sources, to carry

out the repairs or renovations for which it is requesting assistance.

‘SEC. 12004. GRANTS TO LOCAL EDUCATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF STUDENTS LIVING ON INDIAN LANDS.

    ‘(a) ELIGIBILITY- A local educational agency is eligible for a grant under this section for a fiscal year if the number of children determined under section 8003(a)(1)(C) for such agency and year constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency, and for whom such agency provided free public education, during the preceding school year.

    ‘(b) ALLOCATION OF FUNDS- The Secretary shall allocate funds available to carry out this section for a fiscal year to eligible local educational agencies based on their respective numbers of children who were determined under section 8003(a)(1)(C) for purposes of the computation under section 8003(a) for such year.

    ‘(c) APPLICATIONS- Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes--

      ‘(1) a statement of how it would use the grant funds;

      ‘(2) a description of the steps it will take to adequately maintain the facilities that it repairs, renovates, or constructs with those funds; and

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

    ‘(d) CONSTRUCTION OF NEW SCHOOLS- In addition to any other activity authorized under section 12003, a grantee under this section may use grant funds to construct a new school if it demonstrates to the Secretary’s satisfaction that it would replace an existing school that is in such poor condition that renovating it would not be cost-effective.

‘SEC. 12005. GRANTS TO HIGH-POVERTY LOCAL EDUCATIONAL AGENCIES.

    ‘(a) GRANTS AUTHORIZED- From funds available under section 12008(c), the Secretary shall make grants, on a competitive basis, to local educational agencies. A local educational agency is eligible to receive a grant under this section only if at least 25 percent of the children under the jurisdiction of the agency are from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))).

    ‘(b) CRITERIA FOR AWARDING GRANTS- In making grants under this section, the Secretary shall consider--

      ‘(1) the percentage of children from low-income families under the jurisdiction of each applicant, the need for school repairs and renovations, and the fiscal capacity of each applicant; and

      ‘(2) such other factors as the Secretary determines appropriate.

    ‘(c) APPLICATIONS- Each eligible local educational agency that desires to receive a grant under this section shall submit an application to the Secretary that includes--

      ‘(1) a description of its urgent need for school repair and renovation and of how it would use funds available under this title to meet those needs;

      ‘(2) information on the fiscal effort that it is making in support of education and evidence demonstrating that it lacks the capacity to meet its urgent school repair and renovation needs without assistance available under this title;

      ‘(3) a description of the steps it will take to adequately maintain the facilities that it repairs or renovates with that assistance; and

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

‘SEC. 12006. SCHOOL RENOVATION LOANS AND GRANTS.

    ‘(a) LOANS AND GRANTS AUTHORIZED- From funds available under section 12008(c)(2), the Secretary shall pay the cost of loans and grants made, on a competitive basis, to high-need local educational agencies that lack the ability to fund urgent school repairs.

    ‘(b) LOAN PERIOD- Each loan under this section shall be for a period of seven years and shall carry an interest rate of zero percent.

    ‘(c) CRITERIA FOR MAKING LOANS AND GRANTS- In making loans and grants under this section, the Secretary shall consider--

      ‘(1) the percentage of children from low-income families under the jurisdiction of each applicant, the need for school repairs and renovations, and the fiscal capacity of each applicant; and

      ‘(2) such other factors as the Secretary determines appropriate.

    ‘(d) APPLICATIONS- Each eligible local educational agency that desires to receive a loan or grant under this section shall submit an application to the Secretary that includes the information described in section 12005(c).

    ‘(e) CREDIT STANDARDS- In making loans under this section, the Secretary--

      ‘(1) shall not extend credit without finding that there is reasonable assurance of repayment; and

      ‘(2) may use credit enhancement techniques, as appropriate, to reduce the credit risk of loans.

    ‘(f) NUMBER OF LOANS AND GRANTS- Subject to section 12008(d), in carrying out this section, the Secretary shall determine the number of loans and grants to be made for a fiscal year and their relative proportions.

‘SEC. 12007. PROGRESS REPORTS.

    ‘The Secretary shall require recipients of grants and loans under this title to submit progress reports and such other information as the Secretary determines necessary to ensure compliance with this title and to evaluate its impact.

‘SEC. 12008. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF FUNDS; LIMITATION ON LOAN VOLUME.

    ‘(a) IN GENERAL- for the purpose of carrying out this title, there are authorized to be appropriated $1,300,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years.

    ‘(b) RESERVATION FOR GRANTS UNDER SECTION 12004- Of the amount appropriated under subsection (a) for any fiscal year, the Secretary shall reserve $50,000,000 for the purpose of making grants under section 12004.

    ‘(c) GRANTS UNDER SECTION 12005 AND LOANS AND GRANTS UNDER SECTION 12006- Of the amount appropriated under subsection (a) for any fiscal year and remaining after the application of subsection (b)--

      ‘(1) 10 percent shall be available for making grants under section 12005; and

      ‘(2) 90 percent shall be available for making loans and grants under section 12006.

    ‘(d) LIMITATION ON LOAN VOLUME- Within the available resources and authority, gross obligations for the principal amount of loans made by the Secretary under section 12006 for fiscal year 2001 shall not exceed $7,000,000,000, or the amount specified in an applicable appropriations Act, whichever is greater.

‘SEC. 12009. DEFINITIONS; SPECIAL RULE.

    ‘(a) DEFINITIONS- For the purpose of this title, the following terms have the following meanings:

      ‘(1) INDIAN LANDS- The term ‘Indian lands’ has the meaning given such term in section 8013.

      ‘(2) LOCAL EDUCATIONAL AGENCY- The term ‘local educational agency’ has the meaning given such term in subparagraphs (A) and (B) of section 14101(18).

      ‘(3) PUBLIC SCHOOL FACILITY-

        ‘(A) IN GENERAL- The term ‘public school facility’ means a public building whose primary purpose is the instruction of public elementary or secondary students and minimal initial equipment, machinery, and utilities necessary or appropriate for school purposes.

        ‘(B) EXCLUSION- The term excludes athletic stadiums or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public.

      ‘(4) REPAIR AND RENOVATION- The term ‘repair and renovation’ means the repair or renovation of an existing public school facility without increasing its size.

    ‘(b) SPECIAL RULE- In any of the 50 States of the United States in which there is only one local educational agency, the Secretary shall, for purposes of this title, consider each administrative school district in the State to be a separate local educational agency.’.