text: 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) of the Elementary and Secondary Education Act 
                  of 1965; 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 States 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.
target: Federally Impacted School Improvement Act - Provides matching grants to local educational agencies (LEAs) for construction, renovation, and repair of school facilities in areas affected by Federal activities. 
  Authorizes appropriations. 
  Directs the Secretary of Education to distribute such funds as follows: (1) 45 percent for basic matching grants to LEAs eligible for impact aid assistance as serving children from Indian lands, if the number of such children is at least 25 percent of the total number in attendance; (2) 45 percent to the Secretary of Defense for basic matching grants to LEAs serving children from military bases, if the number of such children is at least 25 percent of the total number in attendance; and (3) ten percent for emergency non-matching grants in cases of health or safety hazards at facilities of LEAs which have a number of impact aid eligible children equal to at least 50 percent of their total attendance. 
  Sets forth requirements for: (1) LEA eligibility; (2) basic grant awards and amount limits; (3) applications; and (4) emergency grant certifications, amounts, and priorities.
feat_title: Federally Impacted School Improvement Act