SEC. 11006. [20 U.S.C. 8406] CONTINUING AUTHORITY.

The Secretary shall prohibit an eligible entity from using funds made available under section 14206(b) if the Secretary determines that the coordinated services project assisted under this title is not achieving effective coordination after two years of implementation of such project.

SEC. 11007. [20 U.S.C. 8407] FEDERAL AGENCY COORDINATION.

(a) AGENCY COORDINATION.-The Secretaries of Education, Health and Human Services, Labor, Housing and Urban Development, Treasury, and Agriculture, and the Attorney General shall review the programs administered by their agencies to identify barriers to service coordination.

(b) REPORT TO CONGRESS.-Such Secretaries and the Attorney General shall submit jointly a report to the Congress not later than two years after the date of the enactment of the Improving America's Schools Act of 1994, based on the review required under subsection (a) recommending legislative and regulatory action to address such barriers, and during the time preceding the submission of such report, shall use waiver authorities authorized under this and other Acts to address such barriers.

TITLE XII-SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT ACT

SEC. 12001. [20 U.S.C. 8501] SHORT TITLE.

This title may be cited as the "Education Infrastructure Act of 1994".

SEC. 12002. [20 U.S.C. 8502] FINDINGS.

The Congress finds the following:

(1) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings in the United States need to be replaced.

(2) Almost one-third of such buildings were built prior to World War II.

(3) It is estimated that one of every four public school buildings in the United States is in inadequate condition, and of such buildings, 61 percent need maintenance or major repairs, 43 percent are obsolete, 42 percent contain environmental hazards, 25 percent are overcrowded, and 13 percent are structurally unsound.

(4) Large numbers of local educational agencies have difficulties securing financing for school facility improvement, including school libraries, media centers, and facilities.

(5) Improving the quality of public elementary and secondary schools will help our Nation meet the National Education Goals.

(6) The challenges facing our Nation's public elementary and secondary schools require the concerted and collaborative efforts of all levels of government and all sectors of the commu

SEC. 12003. [20 U.S.C. 8503] PURPOSE.

The purpose of this title is to help the Nation meet the National Education Goals through the provision of Federal funds to enable local educational agencies to meet the costs associated with the improvement of schools within their jurisdiction.

SEC. 12004. [20 U.S.C. 8504] IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES PROGRAM AUTHORIZED.

(a) PROGRAM AUTHORITY.—

(1) IN GENERAL.-From amounts appropriated under section 12013 for any fiscal year, the Secretary shall award grants to eligible local educational agencies with applications approved under section 12005 to carry out the authorized activities described in section 12007.

(2) SPECIAL RULE.-The Secretary may reserve not more than 1 percent of the amount appropriated under section 12013 to provide assistance to Indian schools in accordance with this title.

(b) AWARD CATEGORIES.

(1)1 IN GENERAL.-From the funds appropriated to carry out this title for each fiscal year, the Secretary shall award grants to eligible local educational agencies in each of the following categories:

(A) Eligible local educational agencies in which the number of students enrolled is less than 2,500.

(B) Such agencies in which such number is 2,500 or greater but less than 5,000.

(C) Such agencies in which such number is 5,000 or greater but less than 10,000.

(D) Such agencies in which such number is 10,000 or greater but less than 25,000.

(E) Such agencies in which such number is 25,000 or greater but less than 50,000.

(F) Such agencies in which such number is 50,000 or greater.

(c) MAXIMUM AWARD AMOUNTS.-The Secretary shall annually set the maximum award amounts for each category described in subsection (b)(1).

SEC. 12005. [20 U.S.C. 8505] AWARD OF GRANTS.

(a) CRITERIA.-The Secretary shall award grants under this title on the basis of

(1) high numbers or percentages of the total number of children aged 5 to 17, inclusive, residing in the geographic area served by an eligible local educational agency who are counted under subpart 2 of part A of title I;

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

(3) the threat of the condition of the physical plant poses

to the safety and well-being of students;

So in law. This subsection was enacted without including a paragraph (2). See section 101 of the Improving America's Schools Act of 1994 (Public Law 103-382) which enacted this section.

(4) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility;

(5) the age of the facility to be renovated or replaced; and (6) such other criteria as the Secretary may prescribe by regulation.

(b) ALLOCATION AMONG CATEGORIES.-The Secretary shall allocate funds under this title among each of the categories described in paragraph (1) on such basis as the Secretary determines is appropriate, including

(1) the relative numbers or percentages of students counted under subpart 2 of part A of title I; and

(2) the relative costs of carrying out activities under this title in eligible local educational agencies in each such cat

(c) FREQUENCY OF AWARDS.-No local educational agency may receive more than one grant under this title in any five-year period.

(d) SPECIAL RULE.-The Secretary shall only award grants under this title if the Secretary determines that sufficient funds will be provided under this title or from other sources, such as the issuance of bonds, or savings generated from performance contracting, to carry out the activities for which assistance is sought. SEC. 12006. [20 U.S.C. 8506] APPLICATIONS.

(a) APPLICATIONS REQUIRED.-Each eligible local educational agency desiring to receive a grant under this title shall submit an application to the Secretary.

(b) APPLICATION CONTENTS.-Each application described in subsection (a) shall contain—

(1) an assurance that the application was developed in consultation with parents and classroom teachers;

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

(3) a description of the criteria used by the applicant to determine the type of corrective action necessary to meet the purpose of this title;

(4) a description of the improvement to be supported with funds provided under this title;

(5) a cost estimate of the proposed improvement;

(6) an identification of other resources, such as unused bonding capacity, that are available to carry out the activities for which funds are requested under this title;

(7) a description of how activities supported with funds provided under this title will promote energy conservation; and (8) such other information and assurances as the Secretary may reasonably require.

SEC. 12007. [20 U.S.C. 8507] AUTHORIZED ACTIVITIES.

(a) IN GENERAL.-Each eligible local educational agency receiving a grant under this title shall use the grant funds only to ensure the health and safety of students through the repair, renovation, alteration, and construction of a public elementary or secondary

school library, media center, or facility, used for academic or vocational instruction.

(b) PARTICULAR ACTIVITIES.-Subject to subsection (a), each eligible local educational agency receiving a grant under this title may use the grant funds to meet the requirements of section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

SEC. 12008. [20 U.S.C. 8508] GENERAL PROVISIONS.

(a) BUDGET AND ACCOUNTING.-In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, shall

(1) prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31, United States Code; and

(2) maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of chapter 35 of title 31, United States Code, but such financial transactions of the Secretary, as the making of loans and vouchers approved by the Secretary, in connection with such financial transactions shall be final and conclusive upon all officers of the Government.

(b) USE OF FUNDS.-Funds made available to the Secretary pursuant to the provisions of this title shall be deposited in a checking account or accounts with the Treasurer of the United States. Receipts and assets obtained or held by the Secretary in connection with the performance of functions under this title, and all funds available for carrying out the functions of the Secretary under this title (including appropriations therefor, which are hereby authorized), shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary in connection with the performance of such functions.

(c) LEGAL POWERS.-In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, may—

(1) prescribe such rules and regulations as may be necessary to carry out the purposes of this title;

(2) sue and be sued;

(3) foreclose on any property or commence any action to protect or enforce any right conferred upon the Secretary by any law, contract, or other agreement, and bid for and purchase at any foreclosure or any other sale any property in connection with which the Secretary has made a loan pursuant to this part;

(4) in the event of any such acquisition, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property, but any such acquisition of real property shall not deprive any State or political subdivision of such State civil or criminal jurisdiction in and over such property or

impair the civil rights under the State or local laws of the inhabitants on such property;

(5) sell or exchange at public or private sale, or lease, real or personal property, and sell or exchange any securities or obligations, upon such terms as the Secretary may fix;

(6) obtain insurance against loss in connection with property and other assets held; and

(7) include in any contract or instrument made pursuant to this title such other covenants, conditions, or provisions as may be necessary to assure that the purposes of this title will be achieved.

(d) CONTRACTS FOR SUPPLIES OR SERVICES.-Section 3709 of the Revised Statutes shall not apply to any contract for services or supplies on account of any property acquired pursuant to this subtitle if the amount of such contract does not exceed $1,000.

(e) APPLICABILITY OF GOVERNMENT CORPORATION CONTROL ACT.-The provisions of section 9107(a) of title 31, United States Code, which are applicable to corporations or agencies subject to chapter 91 of such title, shall also be applicable to the activities of the Secretary under this title.

SEC. 12009. [20 U.S.C. 8509] FAIR WAGES.

All laborers and mechanics employed by contractors or subcontractors in the performance of any contract and subcontract for the repair, renovation, alteration, or construction, including painting and decorating, of any building or work that is financed in whole or in part by a grant under this title, shall be paid wages not less than those determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the DavisBacon Act); as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have the authority and functions set forth in reorganization 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-Kickback Act) as amended (40 U.S.C. 276c, 48 Stat. 948).

SEC. 12010. [20 U.S.C. 8510] REQUIREMENTS.

(a) SPECIAL RULES.

(1) MAINTENANCE OF EFFORT.-An eligible local educational agency may receive a grant under this title 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.

(2) SUPPLEMENT NOT SUPPLANT.-An eligible local educational agency shall use funds received under this title 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, renovation, alteration, and construction of school facilities used for educational purposes, and not to supplant such funds.

(b) GENERAL LIMITATIONS.