; (B) maintain expenditures on instruction per a full-time equivalent eligible student at levels that meet or exceed the expenditures on instruction per a full-time equivalent eligible student for award year 2023–2024; and (C) maintain expenditures on need-based financial aid programs for students enrolled in the institution at a level that meets or exceeds the level of such support for award year 2023–2024. (2) Prohibitions An eligible institution that receives a grant under this subpart may not use grant funds— (A) for the construction of a nonacademic facility, such as a student center or stadium; (B) for merit-based or need-based student financial aid; (C) to pay the salaries or benefits of school administrators; (D) for capital outlays or deferred maintenance; or (E) for expenditures on athletics other than activities open to all members of the campus community. (3) Exception An eligible institution that receives a grant under this subpart and that does not have authority to set the tuition and required fees for eligible students enrolled in the eligible institution shall provide tuition assistance to eligible students enrolled in the eligible institution during any period for which the institution receives a grant under this subpart in an amount equal to the grant amount determined under subsection (a)(1). (e) Assurances An eligible institution that receives a grant under this subpart shall provide an assurance to the Secretary that the institution will— (1) increase, to the extent practicable, the amount of instruction provided by tenured or tenure-track faculty