SEC. 7. APPLICATIONS REQUIRED.
(a) IN GENERAL.—Each local educational agency de-
siring 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 mod-
ernized, 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 prop-
erty 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, includ-
ing 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 moderniza-
tion;
(8) an identification of other resources (such as
unused bonding capacity), if applicable, that are
available to carry out the modernization, and an as-
surance 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 edu-
cational 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 Sec-
retary 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 num-
ber of children who were in average daily attendance in
the schools of such agency during the school year pre-
ceding the school year for which the determination is
made, if the Secretary determines a facility emergency ex-
ists 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 state-
ment from a State official certifying that a health or safe-
ty deficiency exists.
(c) GRANT AMOUNT; PRIORITIZATION RULES; CON-
TINUING CONSIDERATION.—
(1) GRANT
AMOUNT.—In determining the
amount of grant awards under this section, the Sec-
retary shall make every effort to fully meet the facil-
ity 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 re-
ceived and the severity of the emergency as deter-
mined 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 as-
sistance considered for the following fiscal year, sub-
ject 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 en-
vironmental 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 con-
tests or exhibitions, or other events, for which admission
is charged to the general public.
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