106 STAT. 740 PUBLIC LAW 102-325—JULY 23, 1992 "(d) EQUITABLE PARTICIPATION.—In awarding grants pursuant to subsection (a), the Secretary or each State mgher 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 inehgible to receive assistance under thispart. " (t) 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 instructioncQ 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 psiragraphs (1) and (2). Part or all of this percentage may also be apphed to costs of upgrading such equipment and structural chsmges within 3 years of the date of liitial 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 Ubrary 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. 20 USC 1132b-3. «SEC. 714. USE OF FUNDS. "(a) IN GENERAL.— Institutions of higher education shall use funds awarded under this peirt 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 educationcd television and radio programming, including interactive technology and communications. "(4) The construction of academic and Ubrary facilities if the State determines such construction necessary. 20 USC 1132b-4. **SEC. 715. APPLICATION. "(a) STATE HIGHER EDUCATION AGENCY.— " (1) APPLICATION. —Each State higher education agency desiring an allotment pursuant to section 713(a)(2)(A) 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—
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