From 40 percent of the amount appropriated for each fiscal year under section 7714(d) of this title, the Secretary shall make payments in accordance with this subsection to each local educational agency that receives a basic support payment under section 7703(b) of this title for that fiscal year.
A local educational agency that receives a basic support payment under section 7703(b)(1) of this title shall also meet at least one of the following requirements:
The amount of a payment to each local educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal to-
The amount of a payment to each local educational agency described in this subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to-
Any local educational agency that receives funds under this subsection shall use such funds for construction, as defined in section 7713(3) of this title.
From 60 percent of the amount appropriated for each fiscal year under section 7714(d) of this title, the Secretary-
In approving applications from local educational agencies for emergency grants and modernization grants under this subsection, the Secretary shall give priority to applications in accordance with the following:
A local educational agency is eligible to receive an emergency grant under paragraph (2)(A) if-
A local educational agency is eligible to receive a modernization grant under paragraph (2)(C) if-
Any school described in clause (ii) that desires to receive an emergency grant or a modernization grant under subparagraph (B) or (D) of paragraph (2), respectively, shall, except as provided in the following sentence, submit an application in accordance with paragraph (6), and shall otherwise be treated as a local educational agency for the purpose of this subsection. The school shall submit an application for the grant to the local educational agency of such school and the agency shall submit the application on behalf of the school to the Secretary.
A school described in this clause is a school that meets the following requirements:
For purposes of subparagraph (A)(i), a local educational agency-
In awarding emergency grants and modernization grants under this subsection, the Secretary shall consider the following factors:
The amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local educational agency that meets the requirements of subclause (II) or (III) of paragraph (3)(A)(i) for purposes of eligibility under subparagraph (A) or (B) of paragraph (3) or that meets the requirements of clause (i) or (ii) of paragraph (3)(C) for purposes of eligibility under such paragraph (3)(C), or to a school that is eligible under paragraph (3)(D)-
A local educational agency may use in-kind contributions to meet the matching requirement of subclause (I)(aa).
A local educational agency may not use funds provided under an emergency grant or modernization grant awarded under this subsection for-
A local educational agency shall use funds provided under an emergency grant or modernization grant awarded under this subsection only to supplement the amount of funds that would, in the absence of the Federal funds provided under the grant, be made available from non-Federal sources to carry out emergency repairs of school facilities or to carry out the modernization of school facilities, as the case may be, and not to supplant such funds.
Nothing in this subsection shall be construed to authorize the payment of maintenance costs in connection with any school facility modernized in whole or in part with Federal funds provided under this subsection.
All projects carried out with Federal funds provided under this subsection shall comply with all relevant Federal, State, and local environmental laws and regulations.
A local educational agency that applies for an emergency grant or a modernization grant under this subsection for a fiscal year and does not receive the grant for the fiscal year shall have the application for the grant considered for the following fiscal year, subject to the priority requirements of paragraph (2) and the award criteria requirements of paragraph (4).
A local educational agency that is awarded an emergency grant under this subsection may not use amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting the identified emergency.
A local educational agency that desires to receive an emergency grant or a modernization grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall contain the following:
20 U.S.C. § 7707
EDITORIAL NOTES
AMENDMENTS2015- Pub. L. 114-95, §7001(d) (11), substituted "section 7714(d) of this title" for "section 7714(e) of this title" wherever appearing. Pub. L. 114-95, §7001(d)(4), made technical amendment to references in original act which appear in text as references to section 7703(a)(1)(C) of this title wherever appearing. Pub. L. 114-95, §7001(d)(3), made technical amendment to references in original act which appear in text as references to section 7703(a)(1) of this title wherever appearing. Subsec. (a)(1). Pub. L. 114-95, §7001(d)(6), made technical amendment to reference in original act which appears in text as reference to section 7703(b) of this title.Subsec. (a)(2). Pub. L. 114-95, §7001(d)(7), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7703(b)(1) of this title. Subsec. (a)(3)(A)(i)(I). Pub. L. 114-95, §7007(1)(A)(i), redesignated subcl. (II) relating to 20 percent of the amount appropriated as (I). Subsec. (a)(3)(A)(i)(II). Pub. L. 114-95, §7007(1)(A) (ii), made technical amendment to reference in original act which appears in text as reference to section 7708(a) of this title. Pub. L. 114-95, §7007(1)(A)(i), redesignated subcl. (II) relating to 20 percent of the amount appropriated as (I). Pub. L. 114-95, §7001(d)(5), made technical amendment to reference in original act which appears in text as reference to section 7703(a)(2) of this title.Subsec. (a)(3)(B)(i)(II). Pub. L. 114-95, §7001(d)(5), made technical amendment to reference in original act which appears in text as reference to section 7703(a)(2) of this title.Subsec. (a)(4). Pub. L. 114-95, §7007(1)(B), made technical amendment to reference in original act which appears in text as reference to section 7713(3) of this title. Subsec. (b)(3)(A)(i)(III). Pub. L. 114-95, §7001(d)(8), made technical amendment to reference in original act which appears in text as reference to section 7703(b)(2) of this title.Subsec. (b)(3)(C)(i)(I). Pub. L. 114-95, §7001(d)(6), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7703(b) of this title.Subsec. (b)(3)(C)(i)(I)(cc). Pub. L. 114-95, §7007(2)(A), added item (cc).Subsec. (b)(3)(C)(ii). Pub. L. 114-95, §7001(d)(1), made technical amendment to reference in original act which appears in text as reference to section 7702 of this title. Subsec. (b)(6). Pub. L. 114-95, §7007(2)(B)(i), in introductory provisions, substituted "and in such manner" for ", in such manner, and accompanied by such information".Subsec. (b)(6)(A). Pub. L. 114-95, §7007(2)(B) (ii), inserted before period at end ", and containing such additional information as may be necessary to meet any award criteria for a grant under this subsection as provided by any other Act". Subsec. (b)(6)(F). Pub. L. 114-95, §7007(2)(B) (iii), struck out subpar. (F) which read as follows: "Such other information and assurances as the Secretary may reasonably require." 2014-Subsec. (b)(7). Pub. L. 113-188 struck out par. (7) which required annual reports containing justifications for each grant awarded under subsec. (b) for the prior fiscal year. 2002-Subsec. (b). Pub. L. 107-110 amended heading and text generally, reorganizing and revising provisions relating to emergency and modernization grants.2000- Pub. L. 106-398 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) authorizing payments to certain local educational agencies for construction.1996-Subsec. (a)(2)(B). Pub. L. 104-134 struck out "and in which the agency at any 2 times during the four fiscal years preceding October 20, 1994, was denied by a vote of the agency's eligible voters a bond referendum for the purposes of school construction or renovation" before semicolon at end.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-110 effective Jan. 8, 2002, and effective with respect to appropriations for use under this subchapter for fiscal year 2002, see section 5 of Pub. L. 107-110, set out as an Effective Date note under section 6301 of this title.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- technology
- The term "technology" means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.