tures, if applicable) compared to the aver-
age total tax rate for school purposes (or 
the average capital expenditure tax rate, if 
applicable) in the State in which the agen-
cy is located; and 
‘‘(iv) funds that are available to the 
agency, from any other source, including 
subsection (a), that may be used for cap-
ital expenditures. 
‘‘(B) The percentage of property in the 
agency that is nontaxable due to the presence 
of the Federal Government. 
‘‘(C) The number and percentages of chil-
dren described in subparagraphs (A), (B), (C), 
and (D) of section 8003(a)(1) served in the 
school facility with the emergency or served in 
the school facility proposed for modernization, 
as the case may be. 
‘‘(D) In the case of an emergency grant, 
the severity of the emergency, as measured by 
the threat that the condition of the school facil-
ity poses to the health, safety, and well-being of 
students. 
‘‘(E) In the case of a modernization 
grant— 
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‘‘(i) the severity of the need for mod-
ernization, as measured by such factors 
as— 
‘‘(I) overcrowding, as evidenced 
by the use of portable classrooms, or 
the potential for future overcrowding 
because of increased enrollment; or 
‘‘(II) the agency’s inability to uti-
lize technology or offer a curriculum 
in 
accordance 
with 
contemporary 
State standards due to the physical 
limitations of the current school facil-
ity; and 
‘‘(ii) the age of the school facility pro-
posed for modernization. 
‘‘(5) OTHER AWARD PROVISIONS.— 
‘‘(A) GENERAL PROVISIONS.— 
‘‘(i) LIMITATIONS
ON
AMOUNT
OF 
FUNDS.— 
‘‘(I) IN GENERAL.—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) of 
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paragraph (3)(A)(i) for purposes of 
eligibility under subparagraph (A) or 
(B) of paragraph (3)— 
‘‘(aa) shall not exceed 50 
percent of the total cost of the 
project to be assisted under this 
subsection; and 
‘‘(bb) 
shall 
not 
exceed 
$4,000,000 during any 4-year pe-
riod. 
‘‘(II) IN-KIND CONTRIBUTIONS.— 
A local educational agency may use 
in-kind contributions to meet the 
matching requirement of subclause 
(I)(aa). 
‘‘(ii) 
PROHIBITIONS
ON
USE
OF 
FUNDS.—A local educational agency may 
not use funds provided under an emer-
gency grant or modernization grant award-
ed under this subsection for— 
‘‘(I) a project for a school facility 
for which the agency does not have 
full title or other interest; 
‘‘(II) stadiums or other school fa-
cilities that are primarily used for 
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athletic contests, exhibitions, or other 
events for which admission is charged 
to the general public; or 
‘‘(III) the acquisition of real 
property. 
‘‘(iii) 
SUPPLEMENT, 
NOT
SUP-
PLANT.—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 ab-
sence of the Federal funds provided under 
the grant, be made available from non- 
Federal sources to carry out emergency re-
pairs of school facilities or to carry out the 
modernization of school facilities, as the 
case may be, and not to supplant such 
funds. 
‘‘(iv) MAINTENANCE COSTS.—Nothing 
in this subsection shall be construed to au-
thorize the payment of maintenance costs 
in connection with any school facility mod-
ernized in whole or in part with Federal 
funds provided under this subsection. 
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‘‘(v) 
ENVIRONMENTAL
SAFE-
GUARDS.—All projects carried out with 
Federal funds provided under this sub-
section shall comply with all relevant Fed-
eral, State, and local environmental laws 
and regulations. 
‘‘(vi) CARRY-OVER OF CERTAIN APPLI-
CATIONS.—A local educational agency that 
applies for an emergency grant or a mod-
ernization grant under this subsection for 
a fiscal year and does not receive the grant 
for the fiscal year shall have the applica-
tion for the grant considered for the fol-
lowing fiscal year, subject to the priority 
requirements of paragraph (2) and the 
award criteria requirements of paragraph 
(4). 
‘‘(B) EMERGENCY
GRANTS; PROHIBITION 
ON USE OF FUNDS.—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 replace-
ment is less expensive or more cost-effective 
than correcting the identified emergency. 
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‘‘(6) APPLICATION.—A local educational agency 
that desires to receive an emergency grant or a mod-
ernization grant under this subsection shall submit 
an application to the Secretary at such time, in such 
manner, and accompanied by such information as 
the Secretary may require. Each application shall 
contain the following: 
‘‘(A) A description of how the local edu-
cational agency meets the award criteria under 
paragraph (4), including the information de-
scribed in clauses (i) through (iv) of paragraph 
(4)(A) and subparagraphs (B) and (C) of para-
graph (4). 
‘‘(B) In the case of an application for an 
emergency grant— 
‘‘(i) a description of the school facility 
deficiency that poses a health or safety 
hazard to the occupants of the facility and 
a description of how the deficiency will be 
repaired; and 
‘‘(ii) a signed statement from an ap-
propriate local official certifying that a de-
ficiency in the school facility threatens the 
health or safety of the occupants of the fa-
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cility or that prevents the use of all or a 
portion of the building. 
‘‘(C) In the case of an application for a 
modernization grant— 
‘‘(i) an explanation of the need for the 
school facility modernization project; 
‘‘(ii) the date on which original con-
struction of the facility to be modernized 
was completed; 
‘‘(iii) a listing of the school facilities 
to be modernized, including the number 
and percentage of children determined 
under section 8003(a)(1) in average daily 
attendance in each school facility; and 
‘‘(iv) a description of the ownership of 
the property on which the current school 
facility is located or on which the planned 
school facility will be located. 
‘‘(D) A description of the project for which 
a grant under this subsection will be used, in-
cluding a cost estimate for the project. 
‘‘(E) A description of the interest in, or 
authority over, the school facility involved, such 
as an ownership interest or a lease arrange-
ment. 
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‘‘(F) Such other information and assur-
ances as the Secretary may reasonably require. 
‘‘(7) REPORT.— 
‘‘(A) IN GENERAL.—Not later than Janu-
ary 1 of each year, the Secretary shall prepare 
and submit to the appropriate congressional 
committees a report that contains a justifica-
tion for each grant awarded under this sub-
section for the prior fiscal year. 
‘‘(B) DEFINITION.—In this paragraph, the 
term ‘appropriate congressional committees’ 
means— 
‘‘(i) the Committee on Appropriations 
and the Committee on Education and the 
Workforce of the House of Representa-
tives; and 
‘‘(ii) the Committee on Appropriations 
and the Committee on Health, Education, 
Labor, and Pensions of the Senate.’’. 
Æ 
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