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<PRE>[DOCID: f:s471is.txt]






107th CONGRESS
  1st Session
                                 S. 471

To amend the Elementary and Secondary Education Act of 1965 to provide 
                 grants for the renovation of schools.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2001

Mr. Harkin (for himself, Mr. Bingaman, Mr. Kennedy, Mr. Wellstone, Mrs. 
 Clinton, and Mr. Dodd) 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 to provide 
                 grants for the renovation of schools.

    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 2001''.

SEC. 2. GRANTS FOR SCHOOL RENOVATION.

    Title X of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 8001 et seq.) is amended by adding at the end the following:

                      ``PART L--SCHOOL RENOVATION

``SEC. 10995. GRANTS FOR SCHOOL RENOVATION.

    ``(a) In General.--
            ``(1) Allocation of funds.--Of the amount appropriated for 
        each fiscal year under subsection (k), the Secretary of 
        Education shall allocate--
                    ``(A) 6.0 percent of such amount for grants to 
                impacted local educational agencies (as defined in 
                paragraph (3)) for school repair, renovation, and 
                construction;
                    ``(B) 0.25 percent of such amount for grants to 
                outlying areas for school repair and renovation in 
                high-need schools and communities, allocated on such 
                basis, and subject to such terms and conditions, as the 
                Secretary determines appropriate;
                    ``(C) 2 percent of such amount for grants to public 
                entities, private nonprofit entities, and consortia of 
                such entities, for use in accordance with subpart 2 of 
                part C of this title X; and
                    ``(D) the remainder to State educational agencies 
                in proportion to the amount each State received under 
                part A of title I for fiscal year 2001, except that no 
                State shall receive less than 0.5 percent of the amount 
                allocated under this subparagraph.
            ``(2) Determination of grant amount.--
                    ``(A) Determination of weighted student units.--For 
                purposes of computing the grant amounts under paragraph 
                (1)(A) for fiscal year 2001, the Secretary shall 
                determine the results obtained by the computation made 
                under section 8003 with respect to children described 
                in subsection (a)(1)(C) of such section and computed 
                under subsection (a)(2)(B) of such section for such 
                year--
                            ``(i) for each impacted local educational 
                        agency that receives funds under this section; 
                        and
                            ``(ii) for all such agencies together.
                    ``(B) Computation of payment.--For fiscal year 
                2002, the Secretary shall calculate the amount of a 
                grant to an impacted local educational agency by--
                            ``(i) dividing the amount described in 
                        paragraph (1)(A) by the results of the 
                        computation described in subparagraph (A)(ii); 
                        and
                            ``(ii) multiplying the number derived under 
                        clause (i) by the results of the computation 
                        described in subparagraph (A)(i) for such 
                        agency.
            ``(3) Definition.--For purposes of this section, the term 
        `impacted local educational agency' means, for fiscal year 
        2001--
                    ``(A) a local educational agency that receives a 
                basic support payment under section 8003(b) for such 
                fiscal year; and
                    ``(B) with respect to which the number of children 
                determined under section 8003(a)(1)(C) for the 
                preceding school year constitutes at least 50 percent 
                of the total student enrollment in the schools of the 
                agency during such school year.
    ``(b) Within-State Allocations.--
            ``(1) Administrative costs.--
                    ``(A) State educational agency administration.--
                Except as provided in subparagraph (B), each State 
                educational agency may reserve not more than 1 percent 
                of its allocation under subsection (a)(1)(D) for the 
                purpose of administering the distribution of grants 
                under this subsection.
                    ``(B) State entity administration.--If the State 
                educational agency transfers funds to a State entity 
                described in paragraph (2)(A), the agency shall 
                transfer to such entity 0.75 of the amount reserved 
                under this paragraph for the purpose of administering 
                the distribution of grants under this subsection.
            ``(2) Reservation for competitive school repair and 
        renovation grants to local educational agencies.--
                    ``(A) In general.--Subject to the reservation under 
                paragraph (1), of the funds allocated to a State 
                educational agency under subsection (a)(1)(D), the 
                State educational agency shall distribute 75 percent of 
                such funds to local educational agencies or, if such 
                State educational agency is not responsible for the 
                financing of education facilities, the agency shall 
                transfer such funds to the State entity responsible for 
                the financing of education facilities (referred to in 
                this section as the `State entity') for distribution by 
                such entity to local educational agencies in accordance 
                with this paragraph, to be used, consistent with 
                subsection (c), for school repair and renovation.
                    ``(B) Competitive grants to local educational 
                agencies.--
                            ``(i) In general.--The State educational 
                        agency or State entity shall carry out a 
                        program of competitive grants to local 
                        educational agencies for the purpose described 
                        in subparagraph (A). Of the total amount 
                        available for distribution to such agencies 
                        under this paragraph, the State educational 
                        agency or State entity, shall, in carrying out 
                        the competition--
                                    ``(I) award to high poverty local 
                                educational agencies described in 
                                clause (ii), in the aggregate, at least 
                                an amount which bears the same 
                                relationship to such total amount as 
                                the aggregate amount such local 
                                educational agencies received under 
                                part A of title I for fiscal year 2002 
                                bears to the aggregate amount received 
                                for such fiscal year under such 
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part by 
                                all local educational agencies in the 
                                State;
                                    ``(II) award to rural local 
                                educational agencies in the State, in 
                                the aggregate, at least an amount which 
                                bears the same relationship to such 
                                total amount as the aggregate amount 
                                such rural local educational agencies 
                                received under part A of title I for 
                                fiscal year 2001 bears to the aggregate 
                                amount received for such fiscal year 
                                under such part by all local 
                                educational agencies in the State; and
                                    ``(III) award the remaining funds 
                                to local educational agencies not 
                                receiving an award under subclause (I) 
                                or (II), including high poverty and 
                                rural local educational agencies that 
                                did not receive such an award.
                            ``(ii) High poverty local educational 
                        agencies.--A local educational agency is 
                        described in this clause if--
                                    ``(I) the percentage described in 
                                subparagraph (C)(i) with respect to the 
                                agency is 30 percent or greater; or
                                    ``(II) the number of children 
                                described in such subparagraph with 
                                respect to the agency is at least 
                                10,000.
                    ``(C) Criteria for awarding grants.--In awarding 
                competitive grants under this paragraph, a State 
                educational agency or State entity shall take into 
                account the following criteria:
                            ``(i) The percentage of poor children 5 to 
                        17 years of age, inclusive, in a local 
                        educational agency.
                            ``(ii) The need of a local educational 
                        agency for school repair and renovation, as 
                        demonstrated by the condition of its public 
                        school facilities.
                            ``(iii) The fiscal capacity of a local 
                        educational agency to meet its needs for repair 
                        and renovation of public school facilities 
                        without assistance under this section, 
                        including its ability to raise funds through 
                        the use of local bonding capacity and 
                        otherwise.
                            ``(iv) In the case of a local educational 
                        agency that proposes to fund a repair or 
                        renovation project for a charter school or 
                        schools, the extent to which the school or 
                        schools have access to funding for the project 
                        through the financing methods available to 
                        other public schools or local educational 
                        agencies in the State.
                            ``(v) The likelihood that the local 
                        educational agency will maintain, in good 
                        condition, any facility whose repair or 
                        renovation is assisted under this section.
                    ``(D) Possible matching requirement.--
                            ``(i) In general.--A State educational 
                        agency or State entity may require local 
                        educational agencies to match funds awarded 
                        under this subsection.
                            ``(ii) Match amount.--The amount of a match 
                        described in clause (i) may be established by 
                        using a sliding scale that takes into account 
                        the relative poverty of the population served 
                        by the local educational agency.
            ``(3) Reservation for competitive idea or technology grants 
        to local educational agencies.--
                    ``(A) In general.--Subject to the reservation under 
                paragraph (1), of the funds allocated to a State 
                educational agency under subsection (a)(1)(D), the 
                State educational agency shall distribute 25 percent of 
                such funds to local educational agencies through 
                competitive grant processes, to be used for the 
                following:
                            ``(i) To carry out activities under part B 
                        of the Individuals with Disabilities Education 
                        Act (20 U.S.C. 1411 et seq.).
                            ``(ii) For technology activities that are 
                        carried out in connection with school repair 
                        and renovation, including--
                                    ``(I) wiring;
                                    ``(II) acquiring hardware and 
                                software;
                                    ``(III) acquiring connectivity 
                                linkages and resources; and
                                    ``(IV) acquiring microwave, fiber 
                                optics, cable, and satellite 
                                transmission equipment.
                    ``(B) Criteria for awarding idea grants.--In 
                awarding competitive grants under subparagraph (A) to 
                be used to carry out activities under part B of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1411 et seq.), a State educational agency shall take 
                into account the following criteria:
                            ``(i) The need of a local educational 
                        agency for additional funds for a student whose 
individually allocable cost for expenses related to the Individuals 
with Disabilities Education Act substantially exceeds the State's 
average per-pupil expenditure (as defined in section 14101(2)).
                            ``(ii) The need of a local educational 
                        agency for additional funds for special 
                        education and related services under part B of 
                        the Individuals with Disabilities Education Act 
                        (20 U.S.C. 1411 et seq.).
                            ``(iii) The need of a local educational 
                        agency for additional funds for assistive 
                        technology devices (as defined in section 602 
                        of the Individuals with Disabilities Education 
                        Act (20 U.S.C. 1401)) or assistive technology 
                        services (as so defined) for children being 
                        served under part B of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1411 et 
                        seq.).
                            ``(iv) The need of a local educational 
                        agency for additional funds for activities 
                        under part B of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1411 et 
                        seq.) in order for children with disabilities 
                        to make progress toward meeting the performance 
                        goals and indicators established by the State 
                        under section 612(a)(16) of such Act (20 U.S.C. 
                        1412).
                    ``
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(C) Criteria for awarding technology grants.--In 
                awarding competitive grants under subparagraph (A) to 
                be used for technology activities that are carried out 
                in connection with school repair and renovation, a 
                State educational agency shall take into account the 
                need of a local educational agency for additional funds 
                for such activities, including the need for the 
                activities described in subclauses (I) through (IV) of 
                subparagraph (A)(ii).
    ``(c) Rules Applicable to School Repair and Renovation.--With 
respect to funds made available under this section that are used for 
school repair and renovation, the following rules shall apply:
            ``(1) Permissible uses of funds.--School repair and 
        renovation shall be limited to one or more of the following:
                    ``(A) Emergency repairs or renovations to public 
                school facilities only to ensure the health and safety 
                of students and staff, including--
                            ``(i) repairing, replacing, or installing 
                        roofs, electrical wiring, plumbing systems, or 
                        sewage systems;
                            ``(ii) repairing, replacing, or installing 
                        heating, ventilation, or air conditioning 
                        systems (including insulation); and
                            ``(iii) bringing public schools into 
                        compliance with fire and safety codes.
                    ``(B) School facilities modifications necessary to 
                render public school facilities accessible in order to 
                comply with the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12101 et seq.).
                    ``(C) School facilities modifications necessary to 
                render public school facilities accessible in order to 
                comply with section 504 of the Rehabilitation Act of 
                1973 (29 U.S.C. 794).
                    ``(D) Asbestos abatement or removal from public 
                school facilities.
                    ``(E) Renovation, repair, and acquisition needs 
                related to the building infrastructure of a charter 
                school.
            ``(2) Impermissible uses of funds.--No funds received under 
        this section may be used for--
                    ``(A) payment of maintenance costs in connection 
                with any projects constructed in whole or part with 
                Federal funds provided under this section;
                    ``(B) the construction of new facilities, except 
                for facilities for an impacted local educational agency 
                (as defined in subsection (a)(3)); or
                    ``(C) stadiums or other facilities primarily used 
                for athletic contests or exhibitions or other events 
                for which admission is charged to the general public.
            ``(3) Charter schools.--A public charter school that 
        constitutes a local educational agency under State law shall be 
        eligible for assistance under the same terms and conditions as 
        any other local educational agency (as defined in section 
        14101(18)).
            ``(4) Supplement, not supplant.--Excluding the uses 
        described in subparagraphs (B) and (C) of paragraph (1), a 
        local educational agency shall use Federal funds subject to 
        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 school repair and renovation.
    ``(d) Special Rule.--Each local educational agency that receives 
funds under this section shall ensure that, if it carries out repair or 
renovation through a contract, any such contract process ensures the 
maximum number of qualified bidders, including small, minority, and 
women-owned businesses, through full and open competition.
    ``(e) Public Comment.--Each local educational agency receiving 
funds under paragraph (2) or (3) of subsection (b)--
            ``(1) shall provide parents, educators, and all other 
        interested members of the community the opportunity to consult 
        on the use of funds received under such paragraph;
            ``(2) shall provide the public with adequate and efficient 
        notice of the opportunity described in paragraph (1) in a 
        widely read and distributed medium; and
            ``(3) shall provide the opportunity described in paragraph 
        (1) in accordance with any applicable State and local law 
        specifying how the comments may be received and how the 
        comments may be reviewed by any member of the public.
    ``(f) Reporting.--
            ``(1) Local reporting.--Each local educational agency 
        receiving funds under subsection (a)(1)(D) shall submit a 
        report to the State educational agency, at such time as the 
        State educational agency may require, describing the use of 
        such funds for--
                    ``(A) school repair and renovation (and 
                construction, in the case of an impacted local 
                educational agency (as defined in subsection (a)(3)));
                    ``(B) activities under part B of the Individuals 
                with Disabilities Education Act (20 U.S.C. 1411 et 
                seq.); and
                    ``(C) technology activities that are carried out in 
                connection with school repair and renovation, including 
                the activities described in subclauses (I) through (IV) 
                of subsection (b)(3)(A)(ii).
            ``(2) State reporting.--Each State educational agency shall 
        submit to the Secretary of Education, not later than December 
        31, 2003, a report on the use of funds received under 
        subsection (a)(1)(D) by local educational agencies for--
                    ``(A) school repair and renovation (and 
                construction, in the case of an impacted local 
                educational agency (as defined in subsection (a)(3)));
                    ``(B) activities under part B of the Individuals 
                with Disabilities Education Act (20 U.S.C. 1411 et 
                seq.); and
                    ``(C) technology activities that are carried out in 
                connection with school repair and renovation, including 
                the activities described in subclauses (I) through (IV) 
                of subsection (b)(3)(A)(ii).
            ``(3) Additional reports.--Each entity receiving funds 
        allocated under subsection (a)(1) (A) or (B) shall submit to 
        the Secretary, not later than December 31, 2003, a report on 
        its uses of funds under this section, in such form and 
        containing such information as the Secretary may require.
    ``(g) Applicability of Part B of IDEA.--If a local educational 
agency uses funds received under this section to carry out activities 
under part B of the Individuals with Disabilities Education Act (20 
U.S.C. 1411 et seq.), such part (including provisions respecting the 
participation of private school children), and any other provision of 
law that applies to such part, shall apply to such use.
    ``(h) Reallocation.--If a State educational agency does not apply 
for an allocation of funds under subsection (a)(1)(D) for fiscal year 
2002, or does not use its entire allocation for such fiscal year, the 
Secretary may reallocate the amount of the State educational agency's 
allocation (or the remainder thereof, as the case may be) to the 
remaining State educational agencies in accordance with subsection 
(a)(1)(D).
    ``(i) Participation of Private Schools.--
            ``(1) In general.--Section 6402 shall apply to subsection 
        (b)(2) in the same manner as it applies to activities under 
        title VI, except that--
                    ``(A) 
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such section shall not apply with respect to 
                the title to any real property renovated or repaired 
                with assistance provided under this section;
                    ``(B) the term `services' as used in section 6402 
                with respect to funds under this section shall be 
                provided only to private, nonprofit elementary or 
                secondary schools with a rate of child poverty of at 
                least 40 percent and may include for purposes of 
                subsection (b)(2) only--
                            ``(i) modifications of school facilities 
                        necessary to meet the standards applicable to 
                        public schools under the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12101 et 
                        seq.);
                            ``(ii) modifications of school facilities 
                        necessary to meet the standards applicable to 
                        public schools under section 504 of the 
                        Rehabilitation Act of 1973 (29 U.S.C. 794); and
                            ``(iii) asbestos abatement or removal from 
                        school facilities; and
                    ``(C) notwithstanding the requirements of section 
                6402(b), expenditures for services provided using funds 
                made available under subsection (b)(2) shall be 
                considered equal for purposes of such section if the 
                per-pupil expenditures for services described in 
                subparagraph (B) for students enrolled in private 
                nonprofit elementary and secondary schools that have 
                child poverty rates of at least 40 percent are 
                consistent with the per-pupil expenditures under this 
section for children enrolled in the public schools in the school 
district of the local educational agency receiving funds under this 
section.
            ``(2) Remaining funds.--If the expenditure for services 
        described in paragraph (1)(B) is less than the amount 
        calculated under paragraph (1)(C) because of insufficient need 
        for such services, the remainder shall be available to the 
        local educational agency for renovation and repair of public 
        school facilities.
            ``(3) Application.--If any provision of this section, or 
        the application thereof, to any person or circumstances is 
        judicially determined to be invalid, the provisions of the 
        remainder of the section and the application to other persons 
        or circumstances shall not be affected thereby.
    ``(j) Definitions.--For purposes of this section:
            ``(1) Charter school.--The term `charter school' has the 
        meaning given such term in section 10310(1).
            ``(2) Poor children and child poverty.--The terms `poor 
        children' and `child poverty' refer to children 5 to 17 years 
        of age, inclusive, who 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 (42 U.S.C. 9902(2)) applicable 
        to a family of the size involved for the most recent fiscal 
        year for which data satisfactory to the Secretary are 
        available.
            ``(3) Rural local educational agency.--The term `rural 
        local educational agency' means a local educational agency that 
        the State determines is located in a rural area using objective 
        data and a commonly employed definition of the term `rural'.
            ``(4) State.--The term `State' means each of the 50 states, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
    ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $1,600,000,000 for fiscal year 
2002, and such sums as may be necessary for each of fiscal years 2003 
through 2006.''.

SEC. 3. CHARTER SCHOOL CREDIT ENHANCEMENT INITIATIVE.

    Section 10331, as added by section 322 of the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of 
Public Law 106-554) is amended by inserting before the period the 
following: ``, and such sums as may be necessary for each of fiscal 
years 2002 through 2006''.
                                 &lt;all&gt;

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