123STA T . 1 90PUBLIC LA W 111 –5—FE B.1 7, 2009 than th e a v e r a g e of the a s sesse d va lu e of real p ropert y per student that m ay b eta x edfors c hool purposes i n the S tate in w hich the local educational agency is located .(5)CRITE RI AFO R G RA N T S . —I n awarding grants under para - graph ( 2 ) , the Secretary shall consider the following criteria
( A ) W hether the facility poses a health or safety threat to students and school personnel, including noncompliance with building codes and inaccessibility for persons with disabilities, or whether the existing building capacity meets the needs of the current enrollment and supports the provi- sion of comprehensive educational services to meet current standards in the State in which the local educational agency is located. ( B ) T he extent to which the new design and proposed construction utili z e energy efficient and recyclable mate- rials. (C) The extent to which the new design and proposed construction utilizes non-traditional or alternative building methods to expedite construction and pro j ect completion and maximize cost efficiency. ( D ) The feasibility of project completion within 2 4 months from award. ( E ) The availability of other resources for the proposed project. SE C . 806 . M AN D ATOR YP E L L G RANTS. Section 40 1 (b)( 9 )(A) of the H igher Education Act of 1965 (20 U .S.C. 10 7 0a(b)(9)(A)) is amended— (1) in clause (ii), by stri k ing ‘ ‘ $ 2,090,000,000 ’ ’ and inserting ‘‘$2,7 3 3,000,000’’
and (2) in clause (iii), by striking ‘‘$3,030,000,000’’ and inserting ‘‘$3,861,000,000’’. SEC. 807. (a) IN GENERAL.— N otwithstanding any other provi- sion of law, and in order to begin expenditures and activities under this Act as q uickly as possible consistent with prudent management, the Secretary of Education may— (1) award fiscal year 2009 funds to States and local edu- cational agencies on the basis of eligibility determinations made for the award of fiscal year 2008 funds; and (2) require States to make prompt allocations to local edu- cational agencies. (b) INTEREST NOT TO ACCR U E.—Notwithstanding sections 3335 and 6503 of title 31, United States Code, or any other provision of law, the United States shall not be liable to any State or other entity for any interest or fee with respect to any funds under this Act that are allocated by the Secretary of Education to the State or other entity within 30 days of the date on which they are available for obligation. Timep e r i od.
