‘‘(1) IN GENERAL.—To assist in the construc-
tion, reconstruction, renovation, or modernization for 
information technology of elementary and secondary 
schools, the Secretary shall make grants of funds to 
State educational agencies for the construction, re-
construction, or renovation, or for modernization for 
information technology, of such schools. 
‘‘(2) FORMULA
FOR
ALLOCATION.—From the 
amount appropriated under section 10006 for any 
fiscal year, the Secretary shall allocate to each State 
an amount that bears the same ratio to such appro-
priated amount as the number of school-age children 
in such State bears to the total number of school- 
age children in all the States. The Secretary shall 
determine the number of school-age children on the 
basis of the most recent satisfactory data available 
to the Secretary. 
‘‘(b) CONDITIONS FOR RECEIPT OF GRANTS.— 
‘‘(1) APPLICATIONS.—In order to receive a 
grant under this title, a State shall submit to the 
Secretary an application containing or accompanied 
by such information and assurances as the Secretary 
may require. Such applications shall specify the 
method by which the State educational agency will 
allocate funds to local educational agencies and the 
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procedures by which projects will be selected for 
funding. Such applications shall contain assurances 
that such funds will only be provided if the State 
educational agency finds that such constructions will 
be undertaken in an economical manner, and that 
any such construction, reconstruction, renovation, or 
modernization is not or will not be of elaborate or 
extravagant design or materials. 
‘‘(2) PRIORITIES.—In approving projects for 
funding under this title, the State educational agen-
cy shall consider— 
‘‘(A) the threat the condition of the phys-
ical plant poses to the safety and well-being of 
students; 
‘‘(B) the demonstrated need for the con-
struction, reconstruction, renovation, or mod-
ernization as based on the condition of the facil-
ity; 
‘‘(C) the age of the facility to be renovated 
or replaced; 
‘‘(D) whether the facility is eligible to re-
ceive education technology assistance from the 
National Education Technology Funding Cor-
poration under section 708 of the Telecommuni-
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cations Act of 1996 (Public Law 104–104; 110 
Stat. 157); and 
‘‘(E) the needs related to preparation for 
modern technology. 
‘‘(3) 
CHARTER
SCHOOLS.—In 
approving 
projects for funding under this title, the State edu-
cational agency shall ensure that a public charter 
school that constitutes a local educational agency 
under State law is eligible for assistance under the 
same terms and conditions as any other local edu-
cational agency. 
‘‘(c) AMOUNT AND CONDITION OF GRANTS.—A grant 
to a local educational agency may be in an amount not 
exceeding the total cost of the facility construction, recon-
struction, renovation, or modernization for information 
technology, as determined by the State educational agen-
cy. 
‘‘SEC. 10004. GENERAL PROVISIONS. 
‘‘The Secretary shall take such action as may be nec-
essary to ensure that all laborers and mechanics employed 
by contractors or subcontractors on any project assisted 
under this title— 
‘‘(1) shall be paid wages at rates not less than 
those prevailing on the same type of work on similar 
construction in the immediate locality as determined 
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by the Secretary of Labor in accordance with the 
Act of March 31, 1931 (Davis-Bacon Act), as 
amended; and 
‘‘(2) shall be employed not more than 40 hours 
in any 1 week unless the employee receives wages for 
the employee’s employment in excess of the hours 
specified in paragraph (1) at a rate not less than 
one and one-half times the regular rate at which the 
employee is employed; 
but the Secretary may waive the application of this sub-
section in cases or classes or cases where laborers or me-
chanics, not otherwise employed at any time in the con-
struction of such project, voluntarily donate their services 
without full compensation for the purpose of lowering the 
costs of construction and the Secretary determines that 
any amounts saved thereby are fully credited to the edu-
cational institution undertaking the construction. 
‘‘SEC. 10005. DEFINITIONS. 
‘‘As used in this title: 
‘‘(1) SCHOOL.—The term ‘school’ means struc-
tures suitable for use as classrooms, laboratories, li-
braries, and related facilities, the primary purpose of 
which is the instruction of elementary and secondary 
school students. 
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‘‘(2) STATE.—The term State includes the sev-
eral States of the United States and the District of 
Columbia. 
‘‘SEC. 10006. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title, $10,000,000,000 for fiscal year 2007 and a sum 
no less than this amount for each of the 4 succeeding fis-
cal years.’’. 
Æ 
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