Page:United States Statutes at Large Volume 123.djvu/301

 123STA T . 2 8 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(2)AVAIL A B ILI TY T O ALL I NS TIT U TIONS O FH I G H ER E D U -C ATION .— A Govern or shal lno tc ons id erthet yp eor m ission o f an instit u tion of hi g her education , and shall consider any institution for funding for moderni z ation, renovation, and repairs w ithin the S tate that— (A) q ualifies as an institution of higher education, as defined in su b section 140 1 3 (3) and ( B ) continues to be eligible to participate in the pro- grams under title IV of the H igher E ducation Act of 1 965 . (c) R ULE OF C ONSTRUCTION.— N othing in this section shall allow a local educational agency to engage in school modernization, ren- ovation, or repair that is inconsistent with State law. SEC.140 0 3 . U SES OF FU ND S BYL OC A L EDUCA TI ONAL A G ENCIES. (a) IN GENERAL.—A local educational agency that receives funds under this title may use the funds for any activity authorized by the Elementary and Secondary Education Act of 1965 (20 U .S.C. 6301 et seq.) ( ‘ ‘ESEA ’ ’), the Individuals with D isabilities Education Act (20 U.S.C. 1400 et seq.) (‘‘IDEA’’), the Adult and F amily L iteracy Act (20 U.S.C. 1400 et seq.), or the Carl D. P er k ins Career and T echnical Education Act of 2006 (20 U.S.C. 2301 et seq.) (‘‘the Perkins Act’’) or for modernization, renovation, or repair of public school facilities, including modernization, renovation, and repairs that are consistent with a recognized green building rating system. (b) PROHIBITION.—A local educational agency may not use funds received under this title for— (1) payment of maintenance costs; (2) stadiums or other facilities primarily used for athletic contests or e x hibitions or other events for which admission is charged to the general public; (3) purchase or upgrade of vehicles; or (4) improvement of stand-alone facilities whose purpose is not the education of children, including central office adminis- tration or operations or logistical support facilities. (c) RULE OF CONSTRUCTION.—Nothing in this section shall allow a local educational agency to engage in school modernization, ren- ovation, or repair that is inconsistent with State law. SEC. 14004. USES OF FUNDS BY INSTITUTIONS OF H IGHE R EDUCATION. (a) IN GENERAL.—A public institution of higher education that receives funds under this title shall use the funds for education and general expenditures, and in such a way as to mitigate the need to raise tuition and fees for in-State students, or for moderniza- tion, renovation, or repair of institution of higher education facilities that are primarily used for instruction, research, or student housing, including modernization, renovation, and repairs that are consistent with a recognized green building rating system. (b) PROHIBITION.—An institution of higher education may not use funds received under this title to increase its endowment. (c) ADDITIONAL PROHIBITION.—No funds awarded under this title may be used for— (1) the maintenance of systems, equipment, or facilities; (2) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or (3) modernization, renovation, or repair of facilities—