Sec. 112. Allocation of funds
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From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(1), the Secretary shall reserve 2 percent of such amount, consistent with the purpose described in section 132(a)(1)— to provide assistance to the outlying areas; and for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. In each fiscal year, the amount reserved under paragraph
(1)shall be divided between the uses described in subparagraphs
(A)and
(B)of such paragraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6331(a) ) is divided between the uses described in paragraphs
(1)and
(2)of such section 1121(a) in such fiscal year. From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a), the Secretary shall reserve 5 percent of such amount for grants to— local educational agencies serving geographic areas with significant economic distress, to be used consistent with the purpose described in section 111 and the allowable uses of funds described in section 113 ; local educational agencies serving geographic areas recovering from a natural disaster; and local educational agencies serving geographic areas that contain a military installation selected for closure under the base closure and realignment process pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note). Of the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(1), and not reserved under subsection
(a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year. A State may reserve up to 1 percent of its allocation under paragraph
(1)to carry out its responsibilities under this subtitle, which include— providing technical assistance to local educational agencies; developing an online, publicly searchable database that includes an inventory of public school facilities in the State, including for each such facility, its design, condition, modernization, renovation and repair needs, utilization, energy use, and carbon footprint; and creating voluntary guidelines for high-performing school buildings, including guidelines concerning the following: Site location, storm water management, outdoor surfaces, outdoor lighting, and transportation, including public transit and pedestrian and bicycle accessability. Outdoor water systems, landscaping to minimize water use, including elimination of irrigation systems for landscaping, and indoor water use reduction. Energy efficiency (including minimum and superior standards, such as for heating, ventilation, and air conditioning systems), use of alternative energy sources, commissioning, and training. Use of durable, sustainable materials, including life-cycle cost effectiveness, and waste reduction. Indoor environmental quality, such as day lighting in classrooms, lighting quality, indoor air quality (including with reference to reducing the incidence and effects of asthma and other respiratory illnesses), acoustics, and thermal comfort. Operations and management, such as use of energy-efficient equipment, indoor environmental management plan, maintenance plan, and pest management. From the amount allocated to a State under paragraph
(1), each eligible local educational agency in the State shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under such part for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this subtitle. Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332(c)(3) ) shall not apply to paragraph
(1)or
(3). The Secretary shall make and distribute the reservations and allocations described in subsections
(a)and
(b)not later than 90 days after an appropriation of funds for this subtitle is made. A State shall make and distribute the allocations described in subsection (b)(3) within 60 days of receiving such funds from the Secretary.
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- Pub. L. 101-510
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