 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
      SUBCHAPTER XII--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT
 
Sec. 8505. Award of grants


(a) Criteria

    The Secretary shall award grants under this subchapter 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 subchapter I of this chapter;
        (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;
        (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 subchapter among each 
of the categories described in paragraph (1) \1\ on such basis as the 
Secretary determines is appropriate, including--
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    \1\ So in original. Probably should be ``paragraph (1) of section 
8504 (b) of this title''.
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        (1) the relative numbers or percentages of students counted 
    under subpart 2 of part A of subchapter I of this chapter; and
        (2) the relative costs of carrying out activities under this 
    subchapter in eligible local educational agencies in each such 
    category.

(c) Frequency of awards

    No local educational agency may receive more than one grant under 
this subchapter in any five-year period.

(d) Special rule

    The Secretary shall only award grants under this subchapter if the 
Secretary determines that sufficient funds will be provided under this 
subchapter 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.

(Pub. L. 89-10, title XII, Sec. 12005, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3871.)

                  Section Referred to in Other Sections

    This section is referred to in section 8504 of this title.
