136 
scribed in subsection (a)(1)(A), a capital campaign 
described in subsection (a)(1)(B), or a loan from a re-
volving loan fund described in subsection (a)(1)(C) 
shall be used only for the construction, modernization, 
renovation, or repair of community college facilities 
that are primarily used for instruction, research, or 
student housing, which may include any of the fol-
lowing: 
(A) Repair, replacement, or installation of 
roofs, including extensive, intensive, or semi-in-
tensive green roofs, electrical wiring, water sup-
ply and plumbing systems, sewage systems, 
storm water runoff systems, lighting systems, 
building envelope, windows, ceilings, flooring, or 
doors, including security doors. 
(B) Repair, replacement, or installation of 
heating, ventilation, or air conditioning systems, 
including insulation, and conducting indoor air 
quality assessments. 
(C) Compliance with fire, health, seismic, 
and safety codes, including professional installa-
tion of fire and life safety alarms, and mod-
ernizations, renovations, and repairs that ensure 
that the community college’s facilities are pre-
pared for emergencies, such as improving build-
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137 
ing infrastructure to accommodate security 
measures and installing or upgrading technology 
to ensure that the community college is able to 
respond to emergencies such as acts of terrorism, 
campus violence, and natural disasters. 
(D) Retrofitting necessary to increase the 
energy efficiency of the community college’s fa-
cilities. 
(E) Modifications necessary to make facili-
ties accessible in compliance with the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) and section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794). 
(F) Abatement, removal, or interim controls 
of asbestos, polychlorinated biphenyls, mold, mil-
dew, or lead-based hazards, including lead-based 
paint hazards from the community college’s fa-
cilities. 
(G) Modernization, renovation, or repair 
necessary to reduce the consumption of coal, elec-
tricity, land, natural gas, oil, or water. 
(H) Modernization, renovation, and repair 
relating to improving science and engineering 
laboratories, libraries, or instructional facilities. 
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(I) Installation or upgrading of educational 
technology infrastructure. 
(J) Installation or upgrading of renewable 
energy generation and heating systems, includ-
ing solar, photovoltaic, wind, biomass (including 
wood pellet and woody biomass), waste-to-energy, 
solar-thermal and geothermal systems, and en-
ergy audits. 
(K) Other modernization, renovation, or re-
pair projects that are primarily for instruction, 
research, or student housing. 
(L) Required environmental remediation re-
lated to modernization, renovation, or repair de-
scribed in subparagraphs (A) through (K). 
(2) GREEN SCHOOL REQUIREMENT.—A commu-
nity college receiving assistance through a loan de-
scribed in subsection (a)(1)(A), a capital campaign 
described in subsection (a)(1)(B), or a loan from a re-
volving loan fund described in subsection (a)(1)(C) 
shall use not less than 50 percent of such assistance 
to carry out projects for construction, modernization, 
renovation, or repair that are certified, verified, or 
consistent with the applicable provisions of— 
(A) the LEED Green Building Rating Sys-
tem; 
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(B) Energy Star; 
(C) the CHPS Criteria, as applicable; 
(D) Green Globes; or 
(E) an equivalent program adopted by the 
State or the State higher education agency that 
includes a verifiable method to demonstrate com-
pliance with such program. 
(3) PROHIBITED USES OF FUNDS.— 
(A) IN GENERAL.—No funds awarded under 
this section may be used for— 
(i) payment of maintenance costs; 
(ii) construction, modernization, ren-
ovation, or repair of stadiums or other fa-
cilities primarily used for athletic contests 
or exhibitions or other events for which ad-
mission is charged to the general public; or 
(iii) construction, modernization, ren-
ovation, or repair of facilities— 
(I) used for sectarian instruction, 
religious worship, or a school or de-
partment of divinity; or 
(II) in which a substantial por-
tion of the functions of the facilities 
are subsumed in a religious mission. 
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140 
(B) FOUR-YEAR
INSTITUTIONS.—No funds 
awarded to a four-year public institution of 
higher education under this section may be used 
for any facility, service, or program of the insti-
tution that is not available to students who are 
pursuing a degree or certificate that is not a 
bachelor’s, master’s, professional, or other ad-
vanced degree. 
(d) APPLICATION OF GEPA.—The grant program au-
thorized in this section is an applicable program (as that 
term is defined in section 400 of the General Education 
Provisions Act (20 U.S.C. 1221)) subject to section 439 of 
such Act (20 U.S.C. 1232b). The Secretary shall, notwith-
standing section 437 of such Act (20 U.S.C. 1232) and sec-
tion 553 of title 5, United States Code, establish such pro-
gram rules as may be necessary to implement such grant 
program by notice in the Federal Register. 
(e) CONCURRENT FUNDING.—Funds made available 
under this section shall not be used to assist any community 
college that receives funding for the construction, mod-
ernization, renovation, and repair of facilities under any 
other program under this Act, the Higher Education Act 
of 1965, or the American Recovery and Reinvestment Act 
of 2009. 
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