IMPROVEMENT OF ACADEMIC AND LIBRARY FACILITIES.

SEC. 703. IMPROVEMENT OF ACADEMIC AND LIBRARY FACILITIES. Part A of title VII of the Act (20 U.S.C. 1132b et seq.) is amended to read as follows: “PART A— IMPROVEMENT OF ACADEMIC AND LIBRARY FACILITIES “SEC. 711. SHORT TITLE. “This part may be cited as the ‘Higher Education Facilities Act of 1992’. “SEC. 712. FINDINGS. “The Congress finds that— “(1) over the past 50 years institutions of higher education have expanded dramatically, while at the same tune traditional sources of funding facilities maintenance and repair have declined and even disappeared in some instances; “(2) in order to meet the rising cost of educating students, resulting mainly from inflation and the higher costs of research, many colleges and universities made the choice to defer renovations and improvements; “(3) overall, the need for capital investment by institutions of higher education has been estimated to exceed $60,000,000,000; “(4) the deterioration of facilities has caused valuable research experiments and programs to be postponed, delayed or canceled; and “(5) the United States’ competitive position within the world economy is vulnerable if the necessary research facilities are not available to provide advanced training in the fields of science and technology. “SEC. 713. DISTRIBUTION OF ASSISTANCE. “(a) Competitive or Formula Distribution.— 106 STAT. 739 “(1) Competitive grants.— If the amount appropriated pursuant to section 716 for a fiscal year is less than $50,000,000, then the Secretary shall award grants under this part on a competitive basis in accordance with subsection (h) to institutions of higher education to carry out the activities described in section 714. “(2) Allotment formula.— “(A) Formula.— If the amount appropriated pursuant to section 716 for a fiscal year is equal to or greater than $50,000,000, then the Secretary shall allot to each State higher education agency with an approved application— “(i) 50 percent of such funds on the basis of the population of the State compared to the population of all States; and “(ii) 50 percent of such funds on the basis of the number of students attending institutions of higher education within the State compared to the number of students attending institutions of higher education in all States. “(B) Use of formula grants.— Each State higher education agency receiving an allotment pursuant to subparagraph (A), shall use such allotment to award grants, on a competitive basis, to institutions of higher education within the State to enable such institutions to carry out the activities described in section 714. “(C) Reallotment.— Except as provided in subsection (f), any amount that the Secretary determines will not be available to a State higher education agency because such agency elects not to participate in the program assisted under this part shall be reallotted to other States in the same manner as the original allotments were made. “(b) Matching Requirements.— “(1) State matching requirement.— “(A) In general.— In order to receive an allotment under subsection (a)(2)(A), each State higher education agency shall provide matching funds equal to 25 percent of the amount of any allotment received pursuant to such subsection. The Secretary may waive the requirements of the preceding sentence if the State can demonstrate to the satisfaction of the Secretary that such matching requirement would present a severe financial hardship to the State. “(B) Cash requirement.— Each State higher education agency receiving funds under this part shall only provide matching funds pursuant to paragraph (1) in cash. “(2) Institutional matching requirement.— In order to receive a grant under subsection (a)(1) or (a)(2)(B), each eligible institution shall provide matching funds equal to 50 percent of the amount of any grant received pursuant to such subsection. Such matching funds may be provided by the State higher education agency or the institution of higher education. “(c) Priority.— In awarding grants pursuant to subsection (a), the Secretary or each State higher education agency shall give priority to institutions of higher education that serve large numbers or percentages of minority or disadvantaged students. 106 STAT. 740 “(d) Equitable Participation.— In awarding grants pursuant to subsection (a), the Secretary or each State higher education agency shall ensure the equitable participation of both public and private eligible institutions within the State. “(e) Special Rule.— If the Secretary determines that any eligible institution within a State has received, within the 2 preceding fiscal years, a direct, noncompetitive award of Federal funds for facilities construction, renovation, improvement or repair, then the eligible institution shall be ineligible to receive assistance under this part. “(f) Use for Maintenance.— An amount less than or equal to 10 percent of that portion of funds awarded under this part which is allotted by the recipient to meet costs of— “(1) research and instructional instrumentation and equipment; and “(2) equipment and structural changes necessary to ensure the proper functioning of such research or instructional instrumentation and equipment; may be allocated by the recipient for maintenance of equipment and changes described in paragraphs (1) and (2). Part or all of this percentage may also be applied to costs of upgrading such equipment and structural changes within 3 years of the date of initial use, if the recipient deems such upgrading essential to the continued usefulness of such research or instructional instrumentation and equipment. “(g) Supplementation.— Grants awarded pursuant to subsection (a) shall be used to supplement and not supplant other Federal, State, and local funds available for improvement of academic and library facilities. “(h) Peer Review Required.— In making grants under subsection (a)(1), the Secretary shall utilize a national peer review panel. The panel shall be broadly representative of all types and classes of institutions of higher education in the United States. “SEC. 714. USE OF FUNDS. “(a) In General.— Institutions of higher education shall use funds awarded under this part for any one or more of the following activities: “(1) The improvement, renovation, and repair of academic facilities. “(2) The improvement and renovation of library facilities. “(3) The improvement and renovation of broadcast, cable, and satellite interconnection equipment for use in postsecondary educational television and radio programming, including interactive technology and communications. “(4) The construction of academic and library facilities if the State determines such construction necessary. “SEC. 715. APPLICATION. “(a) State Higher Education Agency.— “(1) Application.— Each State higher education agency desiring an allotment pursuant to section 713(a)(2XA) shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. “(2) Contents.— Each application described in paragraph (1) shall— 106 STAT. 741 “(A) describe the activities and services for which assistance is sought; “(B) contain assurances that the State higher education agency will comply with the matching requirement described in section 713(b)(1); “(C) contain a description and the amount of any direct, noncompetitive appropriation of funds for facilities construction, renovation, improvement or repair which the State provides to any institution of higher education within the State; and “(D) contain such other assurances as the Secretary determines necessary to ensure compliance with the provisions of this part. “(b) Institutions of Higher Education.— “(1) State grants.— “(A) Application.— Each institution of higher education desiring a grant pursuant to section 713(a)(1) or 713(a)(2)(B) shall submit an application to the Secretary or the State higher education agency, as appropriate, at such time, in such manner and accompanied by such information as the Secretary or such agency may reasonably require. “(B) Contents.— Each application described in paragraph (1) shall— “(i) describe the activities and services for which assistance is sought; “(ii) contain assurances that the eligible institution will comply with the matching requirement described in section 713(b)(2); and “(iii) contain such other assurances as the Secretary or State higher education agency determines necessary to ensure compliance with the provisions of this part. “SEC. 716. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $350,000,000 for fiscal year 1993 and each of the 4 succeeding fiscal years to carry out the provisions of this part.”.