115 STAT. 1950 PUBLIC LAW 107-110-^AN. 8, 2002 the fiscal year 2002 application not later than 30 days after the date of enactment of this Act. SEC. 803. CONSTRUCTION. Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as follows: " (b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS AUTHORIZED.— "(1) IN GENERAL.— From 60 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary— "(A) shall award emergency grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school facilities; and "(B) shall award modernization grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities. "(2) PRIORITY.—In approving applications from local educational agencies for emergency grants and modernization grants under this subsection, the Secretary shall give priority to applications in accordance with the following! "(A) The Secretary shall first give priority to applications for emergency grants from local educational agencies that meet the requirements of paragraph (3)(A) and, among such applications for emergency grants, shall give priority to those applications of local educational agencies based on the severity of the emergency, as determined by the Secretary. "(B) The Secretary shall next give priority to applications for emergency grants from local educational agencies that meet the requirements of subparagraph (C) or (D) of paragraph (3) and, among such applications for emergency grants, shall give priority to those applications of local educational agencies based on the severity of the emergency, as determined by the Secretary. "(C) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and, among such applications for modernization grants, shall give priority to those applications of local educational agencies based on the severity of the need for modernization, as determined by the Secretary. "(D) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of subparagraph (C) or (D) of paragraph (3) and, among such applications for modernization grants, shall give priority to those applications of local educational agencies based on the severity of the need for modernization, as determined by the Secretary. " (3) ELIGIBILITY REQUIREMENTS.— "(A) EMERGENCY GRANTS. — A local educational agency is eligible to receive an emergency grant under paragraph (2)(A) if—
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