US (United States) Code. Title 20. Chapter 28: Higher education resources and student assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1070b-2, 1087cc of this

title; title 42 sections 2753, 2756a.

-CITE-

20 USC Sec. 1096a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1096a. Repealed. Pub. L. 102-325, title IV, Sec. 494, July 23,

1992, 106 Stat. 631

-MISC1-

Section, Pub. L. 89-329, title IV, Sec. 489A, as added Pub. L.

102-164, title VI, Sec. 606, Nov. 15, 1991, 105 Stat. 1068, related

to data matching.

-CITE-

20 USC Sec. 1097 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1097. Criminal penalties

-STATUTE-

(a) In general

Any person who knowingly and willfully embezzles, misapplies,

steals, obtains by fraud, false statement, or forgery, or fails to

refund any funds, assets, or property provided or insured under

this subchapter and part C of subchapter I of chapter 34 of title

42 or attempts to so embezzle, misapply, steal, obtain by fraud,

false statement or forgery, or fail to refund any funds, assets, or

property, shall be fined not more than $20,000 or imprisoned for

not more than 5 years, or both, except if the amount so embezzled,

misapplied, stolen, obtained by fraud, false statement, or forgery,

or failed to be refunded does not exceed $200, then the fine shall

not be more than $5,000 and imprisonment shall not exceed one year,

or both.

(b) Assignment of loans

Any person who knowingly and willfully makes any false statement,

furnishes any false information, or conceals any material

information in connection with the assignment of a loan which is

made or insured under this subchapter and part C of subchapter I of

chapter 34 of title 42 or attempts to so make any false statement,

furnish any false information, or conceal any material information

in connection with such assignment shall, upon conviction thereof,

be fined not more than $10,000 or imprisoned for not more than one

year, or both.

(c) Inducements to lend or assign

Any person who knowingly and willfully makes an unlawful payment

to an eligible lender under part B of this subchapter or attempts

to make such unlawful payment as an inducement to make, or to

acquire by assignment, a loan insured under such part shall, upon

conviction thereof, be fined not more than $10,000 or imprisoned

for not more than one year, or both.

(d) Obstruction of justice

Any person who knowingly and willfully destroys or conceals any

record relating to the provision of assistance under this

subchapter and part C of subchapter I of chapter 34 of title 42 or

attempts to so destroy or conceal with intent to defraud the United

States or to prevent the United States from enforcing any right

obtained by subrogation under this part, shall upon conviction

thereof, be fined not more than $20,000 or imprisoned not more than

5 years, or both.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 490, as added Pub. L. 99-498, title

IV, Sec. 407(a), Oct. 17, 1986, 100 Stat. 1491; amended Pub. L.

102-325, title IV, Sec. 495, July 23, 1992, 106 Stat. 631.)

-MISC1-

PRIOR PROVISIONS

A prior section 1097, Pub. L. 89-329, title IV, Sec. 490, as

added Pub. L. 96-374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat.

1453, related to criminal penalties, prior to the general revision

of this part by Pub. L. 99-498.

AMENDMENTS

1992 - Pub. L. 102-325 amended section generally, inserting

provisions relating to attempted offenses, wherever appearing, and

in subsec. (a) inserting provisions relating to failure to refund

and substituting provisions relating to $20,000 and $5,000 fines

for provisions relating to $10,000 and $1,000 fines, respectively,

in subsec. (b) substituting provisions relating to $10,000 fines

for provisions relating to $1,000 fines, in subsec. (c)

substituting provisions relating to $10,000 fines for provisions

relating $1,000 fines, and in subsec. (d) substituting provisions

relating to $20,000 fines for provisions relating to $10,000 fines.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1072 of this title.

-CITE-

20 USC Sec. 1097a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1097a. Administrative subpoenas

-STATUTE-

(a) Authority

To assist the Secretary in the conduct of investigations of

possible violations of the provisions of this subchapter and part C

of subchapter I of chapter 34 of title 42, the Secretary is

authorized to require by subpoena the production of information,

documents, reports, answers, records, accounts, papers, and other

documentary evidence pertaining to participation in any program

under this subchapter and part C of subchapter I of chapter 34 of

title 42. The production of any such records may be required from

any place in a State.

(b) Enforcement

In case of contumacy by, or refusal to obey a subpoena issued to,

any person, the Secretary may request the Attorney General to

invoke the aid of any court of the United States where such person

resides or transacts business for a court order for the enforcement

of this section.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 490A, as added Pub. L. 105-244,

title IV, Sec. 490B, Oct. 7, 1998, 112 Stat. 1754.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 1098 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1098. Advisory Committee on Student Financial Assistance

-STATUTE-

(a) Establishment and purpose

(1) There is established in the Department an independent

Advisory Committee on Student Financial Assistance (hereafter in

this section referred to as the ''Advisory Committee'') which shall

provide advice and counsel to the Congress and to the Secretary on

student financial aid matters.

(2) The purpose of the Advisory Committee is -

(A) to provide extensive knowledge and understanding of the

Federal, State, and institutional programs of postsecondary

student assistance;

(B) to provide technical expertise with regard to systems of

needs analysis and application forms; and

(C) to make recommendations that will result in the maintenance

of access to postsecondary education for low- and middle-income

students.

(b) Independence of Advisory Committee

In the exercise of its functions, powers, and duties, the

Advisory Committee shall be independent of the Secretary and the

other offices and officers of the Department. Notwithstanding

Department of Education policies and regulations, the Advisory

Committee shall exert independent control of its budget

allocations, expenditures and staffing levels, personnel decisions

and processes, procurements, and other administrative and

management functions. The Advisory Committee's administration and

management shall be subject to the usual and customary Federal

audit procedures. Reports, publications, and other documents of

the Advisory Committee, including such reports, publications, and

documents in electronic form, shall not be subject to review by the

Secretary. The recommendations of the Committee shall not be

subject to review or approval by any officer in the executive

branch, but may be submitted to the Secretary for comment prior to

submission to the Congress in accordance with subsection (f) of

this section. The Secretary's authority to terminate advisory

committees of the Department pursuant to section 1233g(b) (FOOTNOTE

1) of this title ceased to be effective on June 23, 1983.

(FOOTNOTE 1) See References in Text note below.

(c) Membership

(1) The Advisory Committee shall have 11 members of which -

(A) 3 members shall be appointed by the President pro tempore

of the Senate upon the recommendation of the Majority Leader and

the Minority Leader,

(B) 3 members shall be appointed by the Speaker of the House of

Representatives upon the recommendation of the Majority Leader

and the Minority Leader, and

(C) 5 members shall be appointed by the Secretary including,

but not limited to representatives of States, institutions of

higher education, secondary schools, credit institutions,

students, and parents.

(2) Not less than 7 members of the Advisory Committee shall be

individuals who have been appointed on the basis of technical

qualifications, professional standing and demonstrated knowledge in

the fields of higher education and student aid administration, need

analysis, financing postsecondary education, student aid delivery,

and the operations and financing of student loan guarantee

agencies.

(d) Functions of the Committee

The Advisory Committee shall -

(1) develop, review, and comment annually upon the system of

needs analysis established under part E of this subchapter;

(2) monitor, apprise, and evaluate the effectiveness of student

aid delivery and recommend improvements;

(3) recommend data collection needs and student information

requirements which would improve access and choice for eligible

students under this subchapter and part C of subchapter I of

chapter 34 of title 42 and assist the Department of Education in

improving the delivery of student aid;

(4) assess the impact of legislative and administrative policy

proposals;

(5) review and comment upon, prior to promulgation, all

regulations affecting programs under this subchapter and part C

of subchapter I of chapter 34 of title 42, including proposed

regulations;

(6) recommend to the Congress and to the Secretary such

studies, surveys, and analyses of student financial assistance

programs, policies, and practices, including the special needs of

low-income, disadvantaged, and nontraditional students, and the

means by which the needs may be met, but nothing in this section

shall authorize the committee to perform such studies, surveys,

or analyses;

(7) review and comment upon standards by which financial need

is measured in determining eligibility for Federal student

assistance programs;

(8) appraise the adequacies and deficiencies of current student

financial aid information resources and services and evaluate the

effectiveness of current student aid information programs; and

(9) make special efforts to advise Members of Congress and such

Members' staff of the findings and recommendations made pursuant

to this paragraph.

(e) Operations of the Committee

(1) Each member of the Advisory Committee shall be appointed for

a term of 3 years, except that, of the members first appointed -

(A) 4 shall be appointed for a term of 1 year;

(B) 4 shall be appointed for a term of 2 years; and

(C) 3 shall be appointed for a term of 3 years,

as designated at the time of appointment by the Secretary.

(2) Any member appointed to fill a vacancy occurring prior to the

expiration of the term of a predecessor shall be appointed only for

the remainder of such term. A member of the Advisory Committee

shall, upon request, continue to serve after the expiration of a

term until a successor has been appointed. A member of the

Advisory Committee may be reappointed to successive terms on the

Advisory Committee.

(3) No officers or full-time employees of the Federal Government

shall serve as members of the Advisory Committee.

(4) The Advisory Committee shall elect a Chairman and a Vice

Chairman from among its members.

(5) Six members of the Advisory Committee shall constitute a

quorum.

(6) The Advisory Committee shall meet at the call of the Chairman

or a majority of its members.

(f) Submission to Department for comment

The Advisory Committee may submit its proposed recommendations to

the Department of Education for comment for a period not to exceed

30 days in each instance.

(g) Compensation and expenses

Members of the Advisory Committee may each receive reimbursement

for travel expenses incident to attending Advisory Committee

meetings, including per diem in lieu of subsistence, as authorized

by section 5703 of title 5, for persons in the Government service

employed intermittently.

(h) Personnel and resources

(1) The Advisory Committee may appoint such personnel as may be

determined necessary by the Chairman without regard to the

provisions of title 5 governing appointments in the competitive

service, and may be paid without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of such title relating

to classification and General Schedule pay rates, but no individual

so appointed shall be paid in excess of the rate authorized for

GS-18 of the General Schedule. The Advisory Committee may appoint

not more than 1 full-time equivalent, nonpermanent, consultant

without regard to the provisions of title 5. The Advisory Committee

shall not be required by the Secretary to reduce personnel to meet

agency personnel reduction goals.

(2) In carrying out its duties under this chapter, the Advisory

Committee shall consult with other Federal agencies,

representatives of State and local governments, and private

organizations to the extent feasible.

(3)(A) The Advisory Committee is authorized to secure directly

from any executive department, bureau, agency, board, commission,

office, independent establishment, or instrumentality information,

suggestions, estimates, and statistics for the purpose of this

section and each such department, bureau, agency, board,

commission, office, independent establishment, or instrumentality

is authorized and directed, to the extent permitted by law, to

furnish such information, suggestions, estimates, and statistics

directly to the Advisory Committee, upon request made by the

Chairman.

(B) The Advisory Committee may enter into contracts for the

acquisition of information, suggestions, estimates, and statistics

for the purpose of this section.

(4) The Advisory Committee is authorized to obtain the services

of experts and consultants without regard to section 3109 of title

5 and to set pay in accordance with such section.

(5) The head of each Federal agency shall, to the extent not

prohibited by law, cooperate with the Advisory Committee in

carrying out this section.

(6) The Advisory Committee is authorized to utilize, with their

consent, the services, personnel, information, and facilities of

other Federal, State, local, and private agencies with or without

reimbursement.

(i) Availability of funds

In each fiscal year not less than $800,000, shall be available

from the amount appropriated for each such fiscal year from

salaries and expenses of the Department for the costs of carrying

out the provisions of this section.

(j) Special analyses and activities

The Advisory Committee shall -

(1) monitor and evaluate the modernization of student financial

aid systems and delivery processes, including the implementation

of a performance-based organization within the Department, and

report to Congress regarding such modernization on not less than

an annual basis, including recommendations for improvement;

(2) assess the adequacy of current methods for disseminating

information about programs under this subchapter and part C of

subchapter I of chapter 34 of title 42 and recommend

improvements, as appropriate, regarding early needs assessment

and information for first-year secondary school students;

(3) assess and make recommendations concerning the feasibility

and degree of use of appropriate technology in the application

for, and delivery and management of, financial assistance under

this subchapter and part C of subchapter I of chapter 34 of title

42, as well as policies that promote use of such technology to

reduce cost and enhance service and program integrity, including

electronic application and reapplication, just-in-time delivery

of funds, reporting of disbursements and reconciliation;

(4) assess the implications of distance education on student

eligibility and other requirements for financial assistance under

this subchapter and part C of subchapter I of chapter 34 of title

42, and make recommendations that will enhance access to

postsecondary education through distance education while

maintaining access, through on-campus instruction at eligible

institutions, and program integrity; and

(5) make recommendations to the Secretary regarding redundant

or outdated provisions of and regulations under this chapter,

consistent with the Secretary's requirements under section

1099c-2 of this title.

(k) Term of Committee

Notwithstanding the sunset and charter provisions of the Federal

Advisory Committee Act or any other statute or regulation, the

Advisory Committee shall be authorized until October 1, 2004.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 491, as added Pub. L. 99-498, title

IV, Sec. 407(a), Oct. 17, 1986, 100 Stat. 1492; amended Pub. L.

100-50, Sec. 15(16)-(18), June 3, 1987, 101 Stat. 357; Pub. L.

102-325, title IV, Sec. 496, July 23, 1992, 106 Stat. 631; Pub. L.

103-208, Sec. 2(h)(45), (46), Dec. 20, 1993, 107 Stat. 2478; Pub.

L. 105-244, title IV, Sec. 490C, Oct. 7, 1998, 112 Stat. 1754.)

-REFTEXT-

REFERENCES IN TEXT

Section 1233g of this title, referred to in subsec. (b), was

repealed by Pub. L. 103-382, title II, Sec. 212(a)(2), Oct. 20,

1994, 108 Stat. 3913.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (h)(1), are classified

to section 3301 et seq. of Title 5, Government Organization and

Employees.

This chapter, referred to in subsecs. (h)(2) and (j)(5), was in

the original ''the Act'', meaning Pub. L. 89-329, as amended, known

as the Higher Education Act of 1965. For complete classification of

this Act to the Code, see Short Title note set out under section

1001 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (k),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 1098, Pub. L. 89-329, title IV, Sec. 491, as

added Pub. L. 96-374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat.

1454; amended Pub. L. 98-79, Sec. 11, Aug. 15, 1983, 97 Stat. 484,

related to a National Commission on Student Financial Assistance,

prior to the general revision of this part by Pub. L. 99-498.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-244, Sec. 490C(1), substituted

'', expenditures and staffing levels'' for ''and expenditures'' in

second sentence and inserted ''Reports, publications, and other

documents of the Advisory Committee, including such reports,

publications, and documents in electronic form, shall not be

subject to review by the Secretary.'' after third sentence.

Subsec. (e)(3) to (6). Pub. L. 105-244, Sec. 490C(2), added par.

(3) and redesignated former pars. (3) to (5) as (4) to (6),

respectively.

Subsec. (g). Pub. L. 105-244, Sec. 490C(3), substituted ''Members

of the Advisory Committee may each'' for

''(1) Members of the Advisory Committee who are officers or

full-time employees of the United States shall serve without

compensation in addition to that received for their services as

officers or employees of the United States; but they may be allowed

travel expenses, including per diem in lieu of subsistence, as

authorized by section 5703 of title 5, for persons in the

Government service employed intermittently.

''(2) Members of the Advisory Committee who are not officers or

full-time employees of the United States may each''.

Subsec. (h)(1). Pub. L. 105-244, Sec. 490C(4), inserted

''determined'' after ''as may be'' and inserted at end ''The

Advisory Committee may appoint not more than 1 full-time

equivalent, nonpermanent, consultant without regard to the

provisions of title 5. The Advisory Committee shall not be required

by the Secretary to reduce personnel to meet agency personnel

reduction goals.''

Subsec. (i). Pub. L. 105-244, Sec. 490C(5), substituted

''$800,000'' for ''$750,000''.

Subsec. (j). Pub. L. 105-244, Sec. 490C(6), amended heading and

text of subsec. (j) generally. Prior to amendment, text read as

follows: ''The committee shall -

''(1) monitor and evaluate the program modifications resulting

from the enactment of the Higher Education Amendments of 1992,

especially as such amendments relate to the need analysis;

''(2) monitor and evaluate the implementation, pursuant to

section 1090 of this title, of a Free Application for Federal

Student Aid and the process for determining eligibility and

awards for programs under this subchapter and part C of

subchapter I of chapter 34 of title 42, including a simplified

reapplication process;

''(3) assess the adequacy of current methods for disseminating

information about programs under this subchapter and part C of

subchapter I of chapter 34 of title 42 and recommend

improvements, as appropriate, regarding early needs assessment

and information for first-year high school students; and

''(4) assess the adequacy of methods of monitoring student debt

burden.''

Subsec. (k). Pub. L. 105-244, Sec. 490C(7), substituted ''2004''

for ''1998''.

Subsec. (l). Pub. L. 105-244, Sec. 490C(8), struck out heading

and text of subsec. (l) which directed Advisory Committee to

conduct a study of means of simplifying all aspects of loan

programs under part B of this subchapter.

1993 - Subsec. (d)(1). Pub. L. 103-208, Sec. 2(h)(45), struck out

''sections 1070a-1 through 1070a-5 of this title and'' after

''established under''.

Subsec. (h)(1). Pub. L. 103-208, Sec. 2(h)(46), substituted

''subchapter III'' for ''subtitle III'' before ''of chapter 53 of

such title''.

1992 - Subsec. (b). Pub. L. 102-325, Sec. 496(a), inserted after

first sentence ''Notwithstanding Department of Education policies

and regulations, the Advisory Committee shall exert independent

control of its budget allocations and expenditures, personnel

decisions and processes, procurements, and other administrative and

management functions. The Advisory Committee's administration and

management shall be subject to the usual and customary Federal

audit procedures.''

Subsec. (d)(3). Pub. L. 102-325, Sec. 496(b)(1), struck out ''and

in assessing the impact of legislative and administrative policy

proposals'' after ''student aid''.

Subsec. (d)(4) to (9). Pub. L. 102-325, Sec. 496(b)(2)-(6), added

par. (4), redesignated former pars. (4) to (7) as (5) to (8),

respectively, and added par. (9).

Subsec. (h)(4). Pub. L. 102-325, Sec. 496(c), substituted

''without regard to'' for ''in accordance with'' and inserted

before period at end ''and to set pay in accordance with such

section''.

Subsec. (i). Pub. L. 102-325, Sec. 496(d), substituted

''$750,000'' for ''$500,000''.

Subsecs. (j) to (l). Pub. L. 102-325, Sec. 496(e), added subsecs.

(j) to (l) and struck out former subsec. (j), which related to

special institutional lender study.

1987 - Subsec. (b). Pub. L. 100-50, Sec. 15(16), inserted at end

''The Secretary's authority to terminate advisory committees of the

Department pursuant to section 1233g(b) of this title ceased to be

effective on June 23, 1983.''

Subsec. (i). Pub. L. 100-50, Sec. 15(17), substituted ''In each

fiscal year not less than $500,000'' for ''An amount, not to exceed

$500,000 in any fiscal year''.

Subsec. (j). Pub. L. 100-50, Sec. 15(18), added subsec. (j).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-208 effective as if included in the

Higher Education Amendments of 1992, Pub. L. 102-325, except as

otherwise provided, see section 5(a) of Pub. L. 103-208, set out as

a note under section 1051 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-50 effective as if enacted as part of

the Higher Education Amendments of 1986, Pub. L. 99-498, see

section 27 of Pub. L. 100-50, set out as a note under section 1001

of this title.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

20 USC Sec. 1098a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1098a. Regional meetings and negotiated rulemaking

-STATUTE-

(a) Meetings

(1) In general

The Secretary shall obtain public involvement in the

development of proposed regulations for this subchapter and part

C of subchapter I of chapter 34 of title 42; (FOOTNOTE 1) The

Secretary shall obtain the advice of and recommendations from

individuals and representatives of the groups involved in student

financial assistance programs under this subchapter and part C of

subchapter I of chapter 34 of title 42, such as students, legal

assistance organizations that represent students, institutions of

higher education, guaranty agencies, lenders, secondary markets,

loan servicers, guaranty agency servicers, and collection

agencies.

(FOOTNOTE 1) So in original. The semicolon probably should be a

period.

(2) Issues

The Secretary shall provide for a comprehensive discussion and

exchange of information concerning the implementation of this

subchapter and part C of subchapter I of chapter 34 of title 42,

as amended by the Higher Education Amendments of 1998 through

such mechanisms as regional meetings and electronic exchanges of

information. The Secretary shall take into account the

information received through such mechanisms in the development

of proposed regulations and shall publish a summary of such

information in the Federal Register together with such proposed

regulations.

(b) Draft regulations

(1) In general

After obtaining the advice and recommendations described in

subsection (a)(1) of this section and before publishing proposed

regulations in the Federal Register, the Secretary shall prepare

draft regulations implementing this subchapter and part C of

subchapter I of chapter 34 of title 42 as amended by the Higher

Education Amendments of 1998 and shall submit such regulations to

a negotiated rulemaking process. Participants in the

negotiations process shall be chosen by the Secretary from

individuals nominated by groups described in subsection (a)(1) of

this section, and shall include both representatives of such

groups from Washington, D.C., and industry participants. To the

extent possible, the Secretary shall select individuals

reflecting the diversity in the industry, representing both large

and small participants, as well as individuals serving local

areas and national markets. The negotiation process shall be

conducted in a timely manner in order that the final regulations

may be issued by the Secretary within the 360-day period

described in section 1232(e) of this title.

(2) Expansion of negotiated rulemaking

All regulations pertaining to this subchapter and part C of

subchapter I of chapter 34 of title 42 that are promulgated after

October 7, 1998, shall be subject to a negotiated rulemaking

(including the selection of the issues to be negotiated), unless

the Secretary determines that applying such a requirement with

respect to given regulations is impracticable, unnecessary, or

contrary to the public interest (within the meaning of section

553(b)(3)(B) of title 5), and publishes the basis for such

determination in the Federal Register at the same time as the

proposed regulations in question are first published. All

published proposed regulations shall conform to agreements

resulting from such negotiated rulemaking unless the Secretary

reopens the negotiated rulemaking process or provides a written

explanation to the participants in that process why the Secretary

has decided to depart from such agreements. Such negotiated

rulemaking shall be conducted in accordance with the provisions

of paragraph (1), and the Secretary shall ensure that a clear and

reliable record of agreements reached during the negotiations

process is maintained.

(c) Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act shall not apply to activities

carried out under this section.

(d) Authorization of appropriations

There are authorized to be appropriated in any fiscal year or

made available from funds appropriated to carry out this part in

any fiscal year such sums as may be necessary to carry out the

provisions of this section, except that if no funds are

appropriated pursuant to this subsection, the Secretary shall make

funds available to carry out this section from amounts appropriated

for the operations and expenses of the Department of Education.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 492, as added Pub. L. 102-325,

title IV, Sec. 497, July 23, 1992, 106 Stat. 633; amended Pub. L.

105-244, title IV, Sec. 490D, Oct. 7, 1998, 112 Stat. 1755.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Amendments of 1998, referred to in subsecs.

(a)(2) and (b), is Pub. L. 105-244, Oct. 7, 1998, 112 Stat. 1581.

For complete classification of this Act to the Code, see Short

Title of 1998 Amendment note set out under section 1001 of this

title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (c),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 490D(a)(1)(C),

substituted ''The Secretary shall obtain the advice of and

recommendations from'' for ''Such meetings shall include''.

Pub. L. 105-244, Sec. 490D(a)(1)(B), which directed the

substitution of ''this subchapter and part C of subchapter I of

chapter 34 of title 42;'' for ''parts B, F, and G of this

subchapter,'' was executed by making the substitution for ''parts

B, F, and G of this subchapter.''

Pub. L. 105-244, Sec. 490D(a)(1)(A), struck out ''convene

regional meetings to'' before ''obtain public involvement''.

Subsec. (a)(2). Pub. L. 105-244, Sec. 490D(a)(2)(B)-(D),

substituted ''this subchapter and part C of subchapter I of chapter

34 of title 42'' for ''parts B, F, and G of this subchapter'',

''1998 through such mechanisms as regional meetings and electronic

exchanges of information'' for ''1992'', and ''through such

mechanisms in'' for ''at such meetings in''.

Pub. L. 105-244, Sec. 490D(a)(2)(A), which directed substitution

of ''The'' for ''During such meetings the'', was executed by making

the substitution for ''During such meetings, the'' before

''Secretary shall provide'', to reflect the probable intent of

Congress.

Subsec. (b). Pub. L. 105-244, Sec. 490D(b), designated existing

provisions as par. (1), inserted par. (1) heading, substituted

''obtaining the advice and recommendations described in subsection

(a)(1) of this section'' for ''holding regional meetings'', ''this

subchapter and part C of subchapter I of chapter 34 of title 42''

for ''parts B, F, and G of this subchapter'', ''1998'' for

''1992'', ''360-day'' for ''240-day'', and ''section 1232(e)'' for

''section 1232(g)'', struck out ''The Secretary shall follow the

guidance provided in sections 305.82-4 and 305.85-5 of chapter 1,

Code of Federal Regulations, and any successor recommendation,

regulation, or law.'' after ''rulemaking process.'' and

''participating in the regional meetings'' after ''nominated by

groups'', and added par. (2).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC Sec. 1098b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1098b. Authorization of appropriations for administrative

expenses

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary for fiscal year 1993 and for each succeeding fiscal year

thereafter for administrative expenses necessary for carrying out

this subchapter and part C of subchapter I of chapter 34 of title

42, including expenses for staff personnel, program reviews, and

compliance activities.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 493, as added Pub. L. 102-325,

title IV, Sec. 497, July 23, 1992, 106 Stat. 634.)

-CITE-

20 USC Sec. 1098c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1098c. Year 2000 requirements at the Department

-STATUTE-

(a) Preparations for Year 2000

In order to ensure that the processing, delivery, and

administration of grant, loan, and work assistance provided under

this subchapter and part C of subchapter I of chapter 34 of title

42 is not interrupted due to operational problems related to the

inability of computer systems to indicate accurately dates after

December 31, 1999, the Secretary of Education shall -

(1) take such actions as are necessary to ensure that all

internal and external systems, hardware, and data exchange

infrastructure administered by the Department that are necessary

for the processing, delivery, and administration of the grant,

loan, and work assistance are Year 2000 compliant by March 31,

1999, such that there will be no business interruption after

December 31, 1999;

(2) ensure that the Robert T. Stafford Federal Student Loan

Program and the William D. Ford Federal Direct Loan Program are

equal in level of priority with respect to addressing, and that

resources are managed to equally provide for successful

resolution of, the Year 2000 computer problem in both programs by

December 31, 1999;

(3) work with the Department's various data exchange partners

under this subchapter and part C of subchapter I of chapter 34 of

title 42 to fully test all data exchange routes for Year 2000

compliance via end-to-end testing, and submit a report describing

the parameters and results of such tests to the Comptroller

General not later than March 31, 1999;

(4) ensure that the Inspector General of the Department (or an

external, independent entity selected by the Inspector General)

performs and publishes a risk assessment of the systems and

hardware under the Department's management, that has been

reviewed by an independent entity, and make such assessment

publicly available not later than 60 days after October 7, 1998;

(5) not later than June 30, 1999, ensure that the Inspector

General (or an external, independent entity selected by the

Inspector General) conducts a review of the Department's Year

2000 compliance for the processing, delivery, and administration

of grant, loan, and work assistance, and submits a report

reflecting the results of that review to the Chairperson of the

Committee on Labor and Human Resources of the Senate and the

Chairperson of the Committee on Education and the Workforce of

the House of Representatives;

(6) develop a contingency plan to ensure the programs under

this subchapter and part C of subchapter I of chapter 34 of title

42 will continue to run uninterrupted in the event of widespread

disruptions in the flow of accurate computerized data, which

contingency plan shall include a prioritization of mission

critical systems and strategies to allow data partners to

transfer data through alternate means; and

(7) alert Congress at the earliest possible time if mission

critical deadlines will not be met.

(b) Postponement authority for Year 2000

(1) Purpose

It is the purpose of this subsection to provide the Secretary

with the flexibility necessary to -

(A) ensure that the resources and capabilities of

institutions, lenders, and guaranty agencies are not

overburdened by the combination of student aid processing and

delivery requirements added or modified by the amendments made

by the Higher Education Amendments of 1998 and by the changes

required to ensure that the systems of the institutions,

lenders and guaranty agencies are Year 2000 compliant; and

(B) avoid the disruption of grant, loan, or work assistance

funds awarded to students because of Year 2000 compliance

problems at a substantial number of institutions, lenders, and

guaranty agencies.

(2) Authority to postpone

The Secretary may postpone, for a period of time described in

paragraph (3), the implementation of any requirements under part

B, C, D, or F of this subchapter that are added or modified by

the amendments made by the Higher Education Amendments of 1998

related to the processing or delivery of grant, loan, and work

assistance (which shall not include the determination of need for

such assistance) provided under this subchapter and part C of

subchapter I of chapter 34 of title 42, if the Secretary -

(A) determines that -

(i) implementation of such requirements would require

extensive changes to the existing systems of institutions,

lenders, or guaranty agencies; and

(ii) postponement is necessary to avoid jeopardizing the

ability of a substantial number of institutions, lenders, or

guaranty agencies to ensure that all of the systems of the

institutions, lenders, or guaranty agencies related to the

processing or delivery of such assistance function

successfully after December 31, 1999; and

(B) promptly publishes in the Federal Register a list of, and

notifies Congress of, any provisions, the implementation of

which the Secretary intends to postpone, with the reasons for

such postponement.

(3) Exceptions to authority

The Secretary may not postpone the implementation of one or

more provisions described in this subsection longer than the

earlier of -

(A) the period of time that the Secretary determines

necessary to ensure that the processing and delivery systems of

the institutions, lenders, and guaranty agencies referred to in

paragraph (1)(A)(ii) (FOOTNOTE 1) are capable of functioning

successfully after December 31, 1999; or

(FOOTNOTE 1) So in original. Probably should be paragraph

''(2)(A)(ii)''.

(B) one award year after the effective date applicable to

such provision under the Higher Education Amendments of 1998.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 493A, as added Pub. L. 105-244,

title IV, Sec. 490E, Oct. 7, 1998, 112 Stat. 1756.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Amendments of 1998, referred to in subsec.

(b)(1)(A), (2), (3)(B), is Pub. L. 105-244, Oct. 7, 1998, 112 Stat.

1581. For complete classification of this Act to the Code, see

Short Title of 1998 Amendment note set out under section 1001 of

this title and Tables.

For general effective date of the Higher Education Amendments of

1998, referred to in subsec. (b)(3)(B), see section 3 of Pub. L.

105-244, set out as an Effective Date of 1998 Amendment note under

section 1001 of this title.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 1, 1998, see section 3 of Pub. L. 105-244,

set out as an Effective Date of 1998 Amendment note under section

1001 of this title.

-CITE-

20 USC Sec. 1098d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1098d. Procedures for cancellations and deferments for

eligible disabled veterans

-STATUTE-

The Secretary, in consultation with the Secretary of Veterans

Affairs, shall develop and implement a procedure to permit

Department of Veterans Affairs physicians to provide the

certifications and affidavits needed to enable disabled veterans

enrolled in the Department of Veterans Affairs health care system

to document such veterans' eligibility for deferments or

cancellations of student loans made, insured, or guaranteed under

this subchapter and part C of subchapter I of chapter 34 of title

42. Not later than 6 months after October 7, 1998, the Secretary

and the Secretary of Veterans Affairs jointly shall report to

Congress on the progress made in developing and implementing the

procedure.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 493B, as added Pub. L. 105-244,

title IV, Sec. 490F, Oct. 7, 1998, 112 Stat. 1758.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 1099 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part F - General Provisions Relating to Student Assistance Programs

-HEAD-

Sec. 1099. Exemption from State disclosure requirements

-STATUTE-

Loans made, insured, or guaranteed pursuant to a program

authorized by this subchapter shall not be subject to any

disclosure requirements of any State law.

-SOURCE-

(Pub. L. 97-320, title VII, Sec. 701(b), Oct. 15, 1982, 96 Stat.

1538.)

-COD-

CODIFICATION

Section was enacted as part of the Garn-St Germain Depository

Institutions Act of 1982, and not as part of title IV of the Higher

Education Act of 1965 which comprises this subchapter.

-MISC3-

EFFECTIVE DATE

Section effective both with respect to loans made prior to and

after Oct. 15, 1982, see section 701(c) of Pub. L. 97-320, set out

as an Effective Date of 1982 Amendment note under section 1603 of

Title 15, Commerce and Trade.

-CITE-

20 USC Part G - Program Integrity 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

.

-HEAD-

Part G - Program Integrity

-COD-

CODIFICATION

Pub. L. 105-244, title IV, Sec. 491(1), Oct. 7, 1998, 112 Stat.

1758, added heading and struck out former heading.

This part was added as part H of title IV of Pub. L. 89-329 by

Pub. L. 102-325, title IV, Sec. 499, July 23, 1992, 106 Stat. 634.

The letter designation of this part was changed from ''H'' to ''G''

for codification purposes. See Codification note preceding section

1087a of this title.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1002, 1093 of this title.

-CITE-

20 USC subpart 1 - state role 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 1 - state role

.

-HEAD-

subpart 1 - state role

-COD-

CODIFICATION

Subpart 1 of part H of title IV of the Higher Education Act of

1965, comprising this subpart, was originally added to Pub. L.

89-329, title IV, by Pub. L. 102-325, title IV, Sec. 499, July 23,

1992, 106 Stat. 635, and amended by Pub. L. 103-208, Dec. 20, 1993,

107 Stat. 2457. Subpart 1 is shown herein, however, as having been

added by Pub. L. 105-244, title IV, Sec. 491(2), Oct. 7, 1998, 112

Stat. 1759, without reference to those intervening amendments

because of the extensive revision of subpart 1 by Pub. L. 105-244.

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 1094, 1099c-1 of this

title.

-CITE-

20 USC Sec. 1099a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 1 - state role

-HEAD-

Sec. 1099a. State responsibilities

-STATUTE-

(a) State responsibilities

As part of the integrity program authorized by this part, each

State, through one State agency or several State agencies selected

by the State, shall -

(1) furnish the Secretary, upon request, information with

respect to the process for licensing or other authorization for

institutions of higher education to operate within the State;

(2) notify the Secretary promptly whenever the State revokes a

license or other authority to operate an institution of higher

education; and

(3) notify the Secretary promptly whenever the State has

credible evidence that an institution of higher education within

the State -

(A) has committed fraud in the administration of the student

assistance programs authorized by this subchapter and part C of

subchapter I of chapter 34 of title 42; or

(B) has substantially violated a provision of this subchapter

and part C of subchapter I of chapter 34 of title 42.

(b) Institutional responsibility

Each institution of higher education shall provide evidence to

the Secretary that the institution has authority to operate within

a State at the time the institution is certified under subpart 3 of

this part.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 495, as added Pub. L. 105-244,

title IV, Sec. 491(2), Oct. 7, 1998, 112 Stat. 1758.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1099a to 1099a-3 were omitted in the general

amendment of this subpart by Pub. L. 105-244.

Section 1099a, Pub. L. 89-329, title IV, Sec. 494, as added Pub.

L. 102-325, title IV, Sec. 499, July 23, 1992, 106 Stat. 635,

authorized State postsecondary review program.

Section 1099a-1, Pub. L. 89-329, title IV, Sec. 494A, as added

Pub. L. 102-325, title IV, Sec. 499, July 23, 1992, 106 Stat. 635,

related to State postsecondary review entity agreements.

Section 1099a-2, Pub. L. 89-329, title IV, Sec. 494B, as added

Pub. L. 102-325, title IV, Sec. 499, July 23, 1992, 106 Stat. 637,

related to Federal reimbursement of State postsecondary review

costs.

Section 1099a-3, Pub. L. 89-329, title IV, Sec. 494C, as added

Pub. L. 102-325, title IV, Sec. 499, July 23, 1992, 106 Stat. 637;

amended Pub. L. 103-208, Sec. 2(i)(1), (2), Dec. 20, 1993, 107

Stat. 2478, related to functions of State review entities.

-CITE-

20 USC subpart 2 - accrediting agency recognition 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 2 - accrediting agency recognition

.

-HEAD-

subpart 2 - accrediting agency recognition

-COD-

CODIFICATION

Pub. L. 105-244, title IV, Sec. 492(a)(1), Oct. 7, 1998, 112

Stat. 1759, substituted ''recognition'' for ''approval'' in

heading.

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 1001, 1011c of this

title.

-CITE-

20 USC Sec. 1099b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 2 - accrediting agency recognition

-HEAD-

Sec. 1099b. Recognition of accrediting agency or association

-STATUTE-

(a) Criteria required

No accrediting agency or association may be determined by the

Secretary to be a reliable authority as to the quality of education

or training offered for the purposes of this chapter or for other

Federal purposes, unless the agency or association meets criteria

established by the Secretary pursuant to this section. The

Secretary shall, after notice and opportunity for a hearing,

establish criteria for such determinations. Such criteria shall

include an appropriate measure or measures of student achievement.

Such criteria shall require that -

(1) the accrediting agency or association shall be a State,

regional, or national agency or association and shall demonstrate

the ability and the experience to operate as an accrediting

agency or association within the State, region, or nationally, as

appropriate;

(2) such agency or association -

(A)(i) for the purpose of participation in programs under

this chapter, has a voluntary membership of institutions of

higher education and has as a principal purpose the accrediting

of institutions of higher education; or

(ii) for the purpose of participation in other programs

administered by the Department of Education or other Federal

agencies, has a voluntary membership and has as its principal

purpose the accrediting of institutions of higher education or

programs;

(B) is a State agency approved by the Secretary for the

purpose described in subparagraph (A); or

(C) is an agency or association that, for the purpose of

determining eligibility for student assistance under this

subchapter and part C of subchapter I of chapter 34 of title

42, conducts accreditation through (i) a voluntary membership

organization of individuals participating in a profession, or

(ii) an agency or association which has as its principal

purpose the accreditation of programs within institutions,

which institutions are accredited by another agency or

association recognized by the Secretary;

(3) if such agency or association is an agency or association

described in -

(A) subparagraph (A)(i) of paragraph (2), then such agency or

association is separate and independent, both administratively

and financially of any related, associated, or affiliated trade

association or membership organization;

(B) subparagraph (B) of paragraph (2), then such agency or

association has been recognized by the Secretary on or before

October 1, 1991; or

(C) subparagraph (C) of paragraph (2) and such agency or

association has been recognized by the Secretary on or before

October 1, 1991, then the Secretary may waive the requirement

that such agency or association is separate and independent,

both administratively and financially of any related,

associated, or affiliated trade association or membership

organization upon a demonstration that the existing

relationship has not served to compromise the independence of

its accreditation process;

(4) such agency or association consistently applies and

enforces standards that ensure that the courses or programs of

instruction, training, or study offered by the institution of

higher education, including distance education courses or

programs, are of sufficient quality to achieve, for the duration

of the accreditation period, the stated objective for which the

courses or the programs are offered;

(5) the standards for accreditation of the agency or

association assess the institution's -

(A) success with respect to student achievement in relation

to the institution's mission, including, as appropriate,

consideration of course completion, State licensing

examinations, and job placement rates;

(B) curricula;

(C) faculty;

(D) facilities, equipment, and supplies;

(E) fiscal and administrative capacity as appropriate to the

specified scale of operations;

(F) student support services;

(G) recruiting and admissions practices, academic calendars,

catalogs, publications, grading and advertising;

(H) measures of program length and the objectives of the

degrees or credentials offered;

(I) record of student complaints received by, or available

to, the agency or association; and

(J) record of compliance with its program responsibilities

under this subchapter and part C of subchapter I of chapter 34

of title 42 based on the most recent student loan default rate

data provided by the Secretary, the results of financial or

compliance audits, program reviews, and such other information

as the Secretary may provide to the agency or association;

except that subparagraphs (A), (H), and (J) shall not apply to

agencies or associations described in paragraph (2)(A)(ii) of

this subsection;

(6) such agency or association shall apply procedures

throughout the accrediting process, including evaluation and

withdrawal proceedings, that comply with due process, including -

(A) adequate specification of requirements and deficiencies

at the institution of higher education or program being

examined;

(B) notice of an opportunity for a hearing by any such

institution;

(C) the right to appeal any adverse action against any such

institution; and

(D) the right to representation by counsel for any such

institution;

(7) such agency or association shall notify the Secretary and

the appropriate State licensing or authorizing agency within 30

days of the accreditation of an institution or any final denial,

withdrawal, suspension, or termination of accreditation or

placement on probation of an institution, together with any other

adverse action taken with respect to an institution; and

(8) such agency or association shall make available to the

public, upon request, and to the Secretary, and the State

licensing or authorizing agency a summary of any review resulting

in a final accrediting decision involving denial, termination, or

suspension of accreditation, together with the comments of the

affected institution.

(b) ''Separate and independent'' defined

For the purpose of subsection (a)(3) of this section, the term

''separate and independent'' means that -

(1) the members of the postsecondary education governing body

of the accrediting agency or association are not elected or

selected by the board or chief executive officer of any related,

associated, or affiliated trade association or membership

organization;

(2) among the membership of the board of the accrediting agency

or association there shall be one public member (who is not a

member of any related trade or membership organization) for each

six members of the board, with a minimum of one such public

member, and guidelines are established for such members to avoid

conflicts of interest;

(3) dues to the accrediting agency or association are paid

separately from any dues paid to any related, associated, or

affiliated trade association or membership organization; and

(4) the budget of the accrediting agency or association is

developed and determined by the accrediting agency or association

without review or resort to consultation with any other entity or

organization.

(c) Operating procedures required

No accrediting agency or association may be recognized by the

Secretary as a reliable authority as to the quality of education or

training offered by an institution seeking to participate in the

programs authorized under this subchapter and part C of subchapter

I of chapter 34 of title 42, unless the agency or association -

(1) performs, at regularly established intervals, on-site

inspections and reviews of institutions of higher education

(which may include unannounced site visits) with particular focus

on educational quality and program effectiveness, and ensures

that accreditation team members are well-trained and

knowledgeable with respect to their responsibilities;

(2) requires that any institution of higher education subject

to its jurisdiction which plans to establish a branch campus

submit a business plan, including projected revenues and

expenditures, prior to opening the branch campus;

(3) agrees to conduct, as soon as practicable, but within a

period of not more than 6 months of the establishment of a new

branch campus or a change of ownership of an institution of

higher education, an on-site visit of that branch campus or of

the institution after a change of ownership;

(4) requires that teach-out agreements among institutions are

subject to approval by the accrediting agency or association

consistent with standards promulgated by such agency or

association;

(5) maintains and makes publicly available written materials

regarding standards and procedures for accreditation, appeal

procedures, and the accreditation status of each institution

subject to its jurisdiction; and

(6) discloses publicly whenever an institution of higher

education subject to its jurisdiction is being considered for

accreditation or reaccreditation.

(d) Length of recognition

No accrediting agency or association may be recognized by the

Secretary for the purpose of this chapter for a period of more than

5 years.

(e) Initial arbitration rule

The Secretary may not recognize the accreditation of any

institution of higher education unless the institution of higher

education agrees to submit any dispute involving the final denial,

withdrawal, or termination of accreditation to initial arbitration

prior to any other legal action.

(f) Jurisdiction

Notwithstanding any other provision of law, any civil action

brought by an institution of higher education seeking accreditation

from, or accredited by, an accrediting agency or association

recognized by the Secretary for the purpose of this subchapter and

part C of subchapter I of chapter 34 of title 42 and involving the

denial, withdrawal, or termination of accreditation of the

institution of higher education, shall be brought in the

appropriate United States district court.

(g) Limitation on scope of criteria

Nothing in this chapter shall be construed to permit the

Secretary to establish criteria for accrediting agencies or

associations that are not required by this section. Nothing in

this chapter shall be construed to prohibit or limit any

accrediting agency or association from adopting additional

standards not provided for in this section.

(h) Change of accrediting agency

The Secretary shall not recognize the accreditation of any

otherwise eligible institution of higher education if the

institution of higher education is in the process of changing its

accrediting agency or association, unless the eligible institution

submits to the Secretary all materials relating to the prior

accreditation, including materials demonstrating reasonable cause

for changing the accrediting agency or association.

(i) Dual accreditation rule

The Secretary shall not recognize the accreditation of any

otherwise eligible institution of higher education if the

institution of higher education is accredited, as an institution,

by more than one accrediting agency or association, unless the

institution submits to each such agency and association and to the

Secretary the reasons for accreditation by more than one such

agency or association and demonstrates to the Secretary reasonable

cause for its accreditation by more than one agency or

association. If the institution is accredited, as an institution,

by more than one accrediting agency or association, the institution

shall designate which agency's accreditation shall be utilized in

determining the institution's eligibility for programs under this

chapter.

(j) Impact of loss of accreditation

An institution may not be certified or recertified as an

institution of higher education under section 1002 of this title

and subpart 3 of this part or participate in any of the other

programs authorized by this chapter if such institution -

(1) is not currently accredited by any agency or association

recognized by the Secretary;

(2) has had its accreditation withdrawn, revoked, or otherwise

terminated for cause during the preceding 24 months, unless such

withdrawal, revocation, or termination has been rescinded by the

same accrediting agency; or

(3) has withdrawn from accreditation voluntarily under a show

cause or suspension order during the preceding 24 months, unless

such order has been rescinded by the same accrediting agency.

(k) Religious institution rule

Notwithstanding subsection (j) of this section, the Secretary

shall allow an institution that has had its accreditation

withdrawn, revoked, or otherwise terminated, or has voluntarily

withdrawn from an accreditation agency, to remain certified as an

institution of higher education under section 1002 of this title

and subpart 3 of this part for a period sufficient to allow such

institution to obtain alternative accreditation, if the Secretary

determines that the reason for the withdrawal, revocation, or

termination -

(1) is related to the religious mission or affiliation of the

institution; and

(2) is not related to the accreditation criteria provided for

in this section.

(l) Limitation, suspension, or termination of recognition

(1) If the Secretary determines that an accrediting agency or

association has failed to apply effectively the criteria in this

section, or is otherwise not in compliance with the requirements of

this section, the Secretary shall -

(A) after notice and opportunity for a hearing, limit, suspend,

or terminate the recognition of the agency or association; or

(B) require the agency or association to take appropriate

action to bring the agency or association into compliance with

such requirements within a timeframe specified by the Secretary,

except that -

(i) such timeframe shall not exceed 12 months unless the

Secretary extends such period for good cause; and

(ii) if the agency or association fails to bring the agency

or association into compliance within such timeframe, the

Secretary shall, after notice and opportunity for a hearing,

limit, suspend, or terminate the recognition of the agency or

association.

(2) The Secretary may determine that an accrediting agency or

association has failed to apply effectively the standards provided

in this section if an institution of higher education seeks and

receives accreditation from the accrediting agency or association

during any period in which the institution is the subject of any

interim action by another accrediting agency or association,

described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection

(a) of this section, leading to the suspension, revocation, or

termination of accreditation or the institution has been notified

of the threatened loss of accreditation, and the due process

procedures required by such suspension, revocation, termination, or

threatened loss have not been completed.

(m) Limitation on Secretary's authority

The Secretary may only recognize accrediting agencies or

associations which accredit institutions of higher education for

the purpose of enabling such institutions to establish eligibility

to participate in the programs under this chapter or which accredit

institutions of higher education or higher education programs for

the purpose of enabling them to establish eligibility to

participate in other programs administered by the Department of

Education or other Federal agencies.

(n) Independent evaluation

(1) The Secretary shall conduct a comprehensive review and

evaluation of the performance of all accrediting agencies or

associations which seek recognition by the Secretary in order to

determine whether such accrediting agencies or associations meet

the criteria established by this section. The Secretary shall

conduct an independent evaluation of the information provided by

such agency or association. Such evaluation shall include -

(A) the solicitation of third-party information concerning the

performance of the accrediting agency or association; and

(B) site visits, including unannounced site visits as

appropriate, at accrediting agencies and associations, and, at

the Secretary's discretion, at representative member

institutions.

(2) The Secretary shall place a priority for review of

accrediting agencies or associations on those agencies or

associations that accredit institutions of higher education that

participate most extensively in the programs authorized by this

subchapter and part C of subchapter I of chapter 34 of title 42 and

on those agencies or associations which have been the subject of

the most complaints or legal actions.

(3) The Secretary shall consider all available relevant

information concerning the compliance of the accrediting agency or

association with the criteria provided for in this section,

including any complaints or legal actions against such agency or

association. In cases where deficiencies in the performance of an

accreditation agency or association with respect to the

requirements of this section are noted, the Secretary shall take

these deficiencies into account in the recognition process. The

Secretary shall not, under any circumstances, base decisions on the

recognition or denial of recognition of accreditation agencies or

associations on criteria other than those contained in this

section. When the Secretary decides to recognize an accrediting

agency or association, the Secretary shall determine the agency or

association's scope of recognition. If the agency or association

reviews institutions offering distance education courses or

programs and the Secretary determines that the agency or

association meets the requirements of this section, then the agency

shall be recognized and the scope of recognition shall include

accreditation of institutions offering distance education courses

or programs.

(4) The Secretary shall maintain sufficient documentation to

support the conclusions reached in the recognition process, and, if

the Secretary does not recognize any accreditation agency or

association, shall make publicly available the reason for denying

recognition, including reference to the specific criteria under

this section which have not been fulfilled.

(o) Regulations

The Secretary shall by regulation provide procedures for the

recognition of accrediting agencies or associations and for the

appeal of the Secretary's decisions.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 496, as added Pub. L. 102-325,

title IV, Sec. 499, July 23, 1992, 106 Stat. 641; amended Pub. L.

103-208, Sec. 2(i)(3)-(8), Dec. 20, 1993, 107 Stat. 2478, 2479;

Pub. L. 105-244, title I, Sec. 102(b)(5), title IV, Sec.

492(a)(2)-(d), Oct. 7, 1998, 112 Stat. 1622, 1759, 1760.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (d), (g), (i), (j),

and (m), was in the original ''this Act'', meaning Pub. L. 89-329,

as amended, known as the Higher Education Act of 1965. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of this title and Tables.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-244, Sec. 492(a)(2), substituted

''Recognition'' for ''Approval'' in section catchline.

Subsec. (a). Pub. L. 105-244, Sec. 492(b)(1), (2), substituted

''Criteria'' for ''Standards'' in heading and ''criteria'' for

''standards'' wherever appearing in introductory provisions.

Subsec. (a)(4). Pub. L. 105-244, Sec. 492(b)(3), substituted

''offered by the institution'' for ''at the institution'' and

inserted '', including distance education courses or programs,''

after ''higher education''.

Subsec. (a)(5). Pub. L. 105-244, Sec. 492(b)(4)(A), (H),

substituted ''for accreditation'' for ''of accreditation'' in

introductory provisions and ''(A), (H), and (J)'' for ''(G), (H),

(I), (J), and (L)'' in concluding provisions.

Subsec. (a)(5)(A) to (G). Pub. L. 105-244, Sec. 492(b)(4)(C),

(E), added subpar. (A) and redesignated former subpars. (A) to (F)

as (B) to (G), respectively. Former subpar. (G) redesignated (H).

Subsec. (a)(5)(H). Pub. L. 105-244, Sec. 492(b)(4)(F),

substituted ''measures of program length'' for ''program length and

tuition and fees in relation to the subject matters taught''.

Pub. L. 105-244, Sec. 492(b)(4)(C), redesignated subpar. (G) as

(H).

Pub. L. 105-244, Sec. 492(b)(4)(B), struck out subpar. (H) which

read as follows: ''measures of program length in clock hours or

credit hours;''.

Subsec. (a)(5)(I). Pub. L. 105-244, Sec. 492(b)(4)(B), (D),

redesignated subpar. (K) as (I) and struck out former subpar. (I)

which read as follows: ''success with respect to student

achievement in relation to its mission, including, as appropriate,

consideration of course completion, State licensing examination,

and job placement rates;''.

Subsec. (a)(5)(J). Pub. L. 105-244, Sec. 492(b)(4)(G), inserted

''record of'' before ''compliance'', substituted ''based on the

most recent student loan default rate data provided by the

Secretary, the'' for '', including any'', and inserted ''any''

after ''reviews, and''.

Pub. L. 105-244, Sec. 492(b)(4)(B), (D), redesignated subpar. (L)

as (J) and struck out former subpar. (J) which read as follows:

''default rates in the student loan programs under this subchapter

and part C of subchapter I of chapter 34 of title 42, based on the

most recent data provided by the Secretary;''.

Subsec. (a)(5)(K), (L). Pub. L. 105-244, Sec. 492(b)(4)(D),

redesignated subpars. (K) and (L) as (I) and (J), respectively.

Subsec. (a)(7). Pub. L. 105-244, Sec. 492(b)(5), substituted

''State licensing or authorizing agency'' for ''State postsecondary

review entity''.

Subsec. (a)(8). Pub. L. 105-244, Sec. 492(b)(6), substituted

''State licensing or authorizing agency'' for ''State postsecondary

review entity of the State in which the institution of higher

education is located''.

Subsec. (c). Pub. L. 105-244, Sec. 492(c)(1), substituted

''recognized by the Secretary'' for ''approved by the Secretary''

in introductory provisions.

Subsec. (c)(1). Pub. L. 105-244, Sec. 492(c)(2), substituted

''(which may include unannounced site visits)'' for ''(at least one

of which inspections at each institution that provides vocational

education and training shall be unannounced),''.

Subsec. (d). Pub. L. 105-244, Sec. 492(d)(1), substituted

''recognition'' for ''approval'' in heading and ''recognized'' for

''approved'' in text.

Subsec. (f). Pub. L. 105-244, Sec. 492(d)(2), substituted

''recognized'' for ''approved''.

Subsec. (g). Pub. L. 105-244, Sec. 492(d)(3), substituted

''criteria'' for ''standards'' in heading and ''establish

criteria'' for ''establish standards'' in text.

Subsec. (j). Pub. L. 105-244, Sec. 102(b)(5), substituted

''section 1002'' for ''section 1088'' in introductory provisions.

Subsec. (k). Pub. L. 105-244, Sec. 102(b)(5), 492(d)(4)(A),

amended subsec. (k) identically, substituting ''section 1002'' for

''section 1088'' in introductory provisions.

Subsec. (k)(2). Pub. L. 105-244, Sec. 492(d)(4)(B), substituted

''criteria'' for ''standards''.

Subsec. (l). Pub. L. 105-244, Sec. 492(d)(5), substituted

''recognition'' for ''approval'' in heading, added par. (1), and

struck out former par. (1) which read as follows: ''The Secretary

shall limit, suspend, or terminate the approval of an accrediting

agency or association if the Secretary determines, after notice and

opportunity for a hearing, that the accrediting agency or

association has failed to apply effectively the standards or

operate according to the procedures provided in this section.''

Subsec. (n)(1). Pub. L. 105-244, Sec. 492(d)(6)(A), substituted

''criteria'' for ''standards'' in introductory provisions.

Subsec. (n)(3). Pub. L. 105-244, Sec. 492(d)(6)(A), (B),

substituted ''criteria'' for ''standards'' in two places,

''recognition process'' for ''approval process'', and ''recognition

or denial of recognition'' for ''approval or disapproval'', and

inserted at end ''When the Secretary decides to recognize an

accrediting agency or association, the Secretary shall determine

the agency or association's scope of recognition. If the agency or

association reviews institutions offering distance education

courses or programs and the Secretary determines that the agency or

association meets the requirements of this section, then the agency

shall be recognized and the scope of recognition shall include

accreditation of institutions offering distance education courses

or programs.''

Subsec. (n)(4). Pub. L. 105-244, Sec. 492(d)(6)(C), added par.

(4) and struck out former par. (4) which read as follows: ''The

Secretary shall maintain sufficient documentation to support the

conclusions reached in the approval process, and, upon disapproval

of any accreditation agency or association, shall make publicly

available the reason for such disapproval, including reference to

the specific standards under this section which have not been

fulfilled.''

1993 - Subsec. (a)(2)(A)(i). Pub. L. 103-208, Sec. 2(i)(3),

inserted ''of institutions of higher education'' after

''membership''.

Subsec. (a)(3)(A). Pub. L. 103-208, Sec. 2(i)(4), substituted

''subparagraph (A)(i)'' for ''subparagraph (A)''.

Subsec. (a)(5). Pub. L. 103-208, Sec. 2(i)(5), substituted a

semicolon for the period at end of subpar. (L) and inserted after

subpar. (L) the following: ''except that subparagraphs (G), (H),

(I), (J), and (L) shall not apply to agencies or associations

described in paragraph (2)(A)(ii) of this subsection;''.

Subsec. (c). Pub. L. 103-208, Sec. 2(i)(6), substituted ''as a

reliable authority as to the quality of education or training

offered by an institution seeking to participate in the programs

authorized under this subchapter and part C of subchapter I of

chapter 34 of title 42'' for ''for the purpose of this subchapter

and part C of subchapter I of chapter 34 of title 42''.

Subsec. (l)(2). Pub. L. 103-208, Sec. 2(i)(7), substituted

''institution'' for ''institutution'' and ''association, described

in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this

section, leading to the suspension'' for ''association leading to

the suspension''.

Subsec. (n)(1)(B). Pub. L. 103-208, Sec. 2(i)(8), amended subpar.

(B) generally. Prior to amendment, subpar. (B) read as follows:

''site visits at both the accrediting agency or association and

member institutions, including unannounced visits where

appropriate.''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-208 effective as if included in the

Higher Education Amendments of 1992, Pub. L. 102-325, except as

otherwise provided, see section 5(a) of Pub. L. 103-208, set out as

a note under section 1051 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,

set out as an Effective Date of 1992 Amendment note under section

1001 of this title.

STUDY OF TRANSFER OF CREDITS

Pub. L. 105-244, title VIII, Sec. 804, Oct. 7, 1998, 112 Stat.

1806, provided that:

''(a) Study Required. - The Secretary of Education shall conduct

a study to evaluate policies or practices instituted by recognized

accrediting agencies or associations regarding the treatment of the

transfer of credits from one institution of higher education to

another, giving particular attention to -

''(1) adopted policies regarding the transfer of credits

between institutions of higher education which are accredited by

different agencies or associations and the reasons for such

policies;

''(2) adopted policies regarding the transfer of credits

between institutions of higher education which are accredited by

national agencies or associations and institutions of higher

education which are accredited by regional agencies and

associations and the reasons for such policies;

''(3) the effect of the adoption of such policies on students

transferring between such institutions of higher education,

including time required to matriculate, increases to the student

of tuition and fees paid, and increases to the student with

regard to student loan burden;

''(4) the extent to which Federal financial aid is awarded to

such students for the duplication of coursework already completed

at another institution; and

''(5) the aggregate cost to the Federal Government of the

adoption of such policies.

''(b) Report. - Not later than one year after the date of

enactment of this Act (Oct. 7, 1998), the Secretary of Education

shall submit a report to the Chairman and Ranking Minority Member

of the Committee on Education and the Workforce of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate detailing the Secretary's findings regarding the study

conducted under subsection (a). The Secretary's report shall

include such recommendation with respect to the recognition of

accrediting agencies or associations as the Secretary deems

advisable.''

-CITE-

20 USC subpart 3 - eligibility and certification

procedures 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 3 - eligibility and certification procedures

.

-HEAD-

subpart 3 - eligibility and certification procedures

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 1002, 1087, 1094, 1099a,

1099b of this title.

-CITE-

20 USC Sec. 1099c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 3 - eligibility and certification procedures

-HEAD-

Sec. 1099c. Eligibility and certification procedures

-STATUTE-

(a) General requirement

For purposes of qualifying institutions of higher education for

participation in programs under this subchapter and part C of

subchapter I of chapter 34 of title 42, the Secretary shall

determine the legal authority to operate within a State, the

accreditation status, and the administrative capability and

financial responsibility of an institution of higher education in

accordance with the requirements of this section.

(b) Single application form

The Secretary shall prepare and prescribe a single application

form which -

(1) requires sufficient information and documentation to

determine that the requirements of eligibility, accreditation,

financial responsibility, and administrative capability of the

institution of higher education are met;

(2) requires a specific description of the relationship between

a main campus of an institution of higher education and all of

its branches, including a description of the student aid

processing that is performed by the main campus and that which is

performed at its branches;

(3) requires -

(A) a description of the third party servicers of an

institution of higher education; and

(B) the institution to maintain a copy of any contract with a

financial aid service provider or loan servicer, and provide a

copy of any such contract to the Secretary upon request;

(4) requires such other information as the Secretary determines

will ensure compliance with the requirements of this subchapter

and part C of subchapter I of chapter 34 of title 42 with respect

to eligibility, accreditation, administrative capability and

financial responsibility; and

(5) provides, at the option of the institution, for

participation in one or more of the programs under part B or C of

this subchapter.

(c) Financial responsibility standards

(1) The Secretary shall determine whether an institution has the

financial responsibility required by this subchapter and part C of

subchapter I of chapter 34 of title 42 on the basis of whether the

institution is able -

(A) to provide the services described in its official

publications and statements;

(B) to provide the administrative resources necessary to comply

with the requirements of this subchapter and part C of subchapter

I of chapter 34 of title 42; and

(C) to meet all of its financial obligations, including (but

not limited to) refunds of institutional charges and repayments

to the Secretary for liabilities and debts incurred in programs

administered by the Secretary.

(2) Notwithstanding paragraph (1), if an institution fails to

meet criteria prescribed by the Secretary regarding ratios that

demonstrate financial responsibility, then the institution shall

provide the Secretary with satisfactory evidence of its financial

responsibility in accordance with paragraph (3). Such criteria

shall take into account any differences in generally accepted

accounting principles, and the financial statements required

thereunder, that are applicable to for profit, public, and

nonprofit institutions. The Secretary shall take into account an

institution's total financial circumstances in making a

determination of its ability to meet the standards herein required.

(3) The Secretary shall determine an institution to be

financially responsible, notwithstanding the institution's failure

to meet the criteria under paragraphs (1) and (2), if -

(A) such institution submits to the Secretary third-party

financial guarantees that the Secretary determines are

reasonable, such as performance bonds or letters of credit

payable to the Secretary, which third-party financial guarantees

shall equal not less than one-half of the annual potential

liabilities of such institution to the Secretary for funds under

this subchapter and part C of subchapter I of chapter 34 of title

42, including loan obligations discharged pursuant to section

1087 of this title, and to students for refunds of institutional

charges, including funds under this subchapter and part C of

subchapter I of chapter 34 of title 42;

(B) such institution has its liabilities backed by the full

faith and credit of a State, or its equivalent;

(C) such institution establishes to the satisfaction of the

Secretary, with the support of a financial statement audited by

an independent certified public accountant in accordance with

generally accepted auditing standards, that the institution has

sufficient resources to ensure against the precipitous closure of

the institution, including the ability to meet all of its

financial obligations (including refunds of institutional charges

and repayments to the Secretary for liabilities and debts

incurred in programs administered by the Secretary); or

(D) such institution has met standards of financial

responsibility, prescribed by the Secretary by regulation, that

indicate a level of financial strength not less than those

required in paragraph (2).

(4) If an institution of higher education that provides a 2-year

or 4-year program of instruction for which the institution awards

an associate or baccalaureate degree fails to meet the criteria

imposed by the Secretary pursuant to paragraph (2), the Secretary

shall waive that particular requirement for that institution if the

institution demonstrates to the satisfaction of the Secretary that

-

(A) there is no reasonable doubt as to its continued solvency

and ability to deliver quality educational services;

(B) it is current in its payment of all current liabilities,

including student refunds, repayments to the Secretary, payroll,

and payment of trade creditors and withholding taxes; and

(C) it has substantial equity in school-occupied facilities,

the acquisition of which was the direct cause of its failure to

meet the criteria.

(5) The determination as to whether an institution has met the

standards of financial responsibility provided for in paragraphs

(2) and (3)(C) shall be based on an audited and certified financial

statement of the institution. Such audit shall be conducted by a

qualified independent organization or person in accordance with

standards established by the American Institute of Certified Public

Accountants. Such statement shall be submitted to the Secretary at

the time such institution is considered for certification or

recertification under this section. If the institution is

permitted to be certified (provisionally or otherwise) and such

audit does not establish compliance with paragraph (2), the

Secretary may require that additional audits be submitted.

(6)(A) The Secretary shall establish requirements for the

maintenance by an institution of higher education of sufficient

cash reserves to ensure repayment of any required refunds.

(B) The Secretary shall provide for a process under which the

Secretary shall exempt an institution of higher education from the

requirements described in subparagraph (A) if the Secretary

determines that the institution -

(i) is located in a State that has a tuition recovery fund that

ensures that the institution meets the requirements of

subparagraph (A);

(ii) contributes to the fund; and

(iii) otherwise has legal authority to operate within the

State.

(d) Administrative capacity standard

The Secretary is authorized -

(1) to establish procedures and requirements relating to the

administrative capacities of institutions of higher education,

including -

(A) consideration of past performance of institutions or

persons in control of such institutions with respect to student

aid programs; and

(B) maintenance of records;

(2) to establish such other reasonable procedures as the

Secretary determines will contribute to ensuring that the

institution of higher education will comply with administrative

capability required by this subchapter and part C of subchapter I

of chapter 34 of title 42.

(e) Financial guarantees from owners

(1) Notwithstanding any other provision of law, the Secretary

may, to the extent necessary to protect the financial interest of

the United States, require -

(A) financial guarantees from an institution participating, or

seeking to participate, in a program under this subchapter and

part C of subchapter I of chapter 34 of title 42, or from one or

more individuals who the Secretary determines, in accordance with

paragraph (2), exercise substantial control over such

institution, or both, in an amount determined by the Secretary to

be sufficient to satisfy the institution's potential liability to

the Federal Government, student assistance recipients, and other

program participants for funds under this subchapter and part C

of subchapter I of chapter 34 of title 42; and

(B) the assumption of personal liability, by one or more

individuals who exercise substantial control over such

institution, as determined by the Secretary in accordance with

paragraph (2), for financial losses to the Federal Government,

student assistance recipients, and other program participants for

funds under this subchapter and part C of subchapter I of chapter

34 of title 42, and civil and criminal monetary penalties

authorized under this subchapter and part C of subchapter I of

chapter 34 of title 42.

(2)(A) The Secretary may determine that an individual exercises

substantial control over one or more institutions participating in

a program under this subchapter and part C of subchapter I of

chapter 34 of title 42 if the Secretary determines that -

(i) the individual directly or indirectly controls a

substantial ownership interest in the institution;

(ii) the individual, either alone or together with other

individuals, represents, under a voting trust, power of attorney,

proxy, or similar agreement, one or more persons who have,

individually or in combination with the other persons represented

or the individual representing them, a substantial ownership

interest in the institution; or

(iii) the individual is a member of the board of directors, the

chief executive officer, or other executive officer of the

institution or of an entity that holds a substantial ownership

interest in the institution.

(B) The Secretary may determine that an entity exercises

substantial control over one or more institutions participating in

a program under this subchapter and part C of subchapter I of

chapter 34 of title 42 if the Secretary determines that the entity

directly or indirectly holds a substantial ownership interest in

the institution.

(3) For purposes of this subsection, an ownership interest is

defined as a share of the legal or beneficial ownership or control

of, or a right to share in the proceeds of the operation of, an

institution or institution's parent corporation. An ownership

interest may include, but is not limited to -

(A) a sole proprietorship;

(B) an interest as a tenant-in-common, joint tenant, or tenant

by the entireties;

(C) a partnership; or

(D) an interest in a trust.

(4) The Secretary shall not impose the requirements described in

subparagraphs (A) and (B) of paragraph (1) on an institution that -

(A) has not been subjected to a limitation, suspension, or

termination action by the Secretary or a guaranty agency within

the preceding 5 years;

(B) has not had, during its 2 most recent audits of the

institutions conduct of programs under this subchapter and part C

of subchapter I of chapter 34 of title 42, an audit finding that

resulted in the institution being required to repay an amount

greater than 5 percent of the funds the institution received from

programs under this subchapter and part C of subchapter I of

chapter 34 of title 42 for any year;

(C) meets and has met, for the preceding 5 years, the financial

responsibility standards under subsection (c) of this section;

and

(D) has not been cited during the preceding 5 years for failure

to submit audits required under this subchapter and part C of

subchapter I of chapter 34 of title 42 in a timely fashion.

(5) For purposes of section 1094(c)(1)(G) of this title, this

section shall also apply to individuals or organizations that

contract with an institution to administer any aspect of an

institution's student assistance program under this subchapter and

part C of subchapter I of chapter 34 of title 42.

(6) Notwithstanding any other provision of law, any individual

who -

(A) the Secretary determines, in accordance with paragraph (2),

exercises substantial control over an institution participating

in, or seeking to participate in, a program under this subchapter

and part C of subchapter I of chapter 34 of title 42;

(B) is required to pay, on behalf of a student or borrower, a

refund of unearned institutional charges to a lender, or to the

Secretary; and

(C) willfully fails to pay such refund or willfully attempts in

any manner to evade payment of such refund,

shall, in addition to other penalties provided by law, be liable to

the Secretary for the amount of the refund not paid, to the same

extent with respect to such refund that such an individual would be

liable as a responsible person for a penalty under section 6672(a)

of title 26 with respect to the nonpayment of taxes.

(f) Actions on applications and site visits

The Secretary shall ensure that prompt action is taken by the

Department on any application required under subsection (b) of this

section. The personnel of the Department of Education may conduct

a site visit at each institution before certifying or recertifying

its eligibility for purposes of any program under this subchapter

and part C of subchapter I of chapter 34 of title 42. The Secretary

shall establish priorities by which institutions are to receive

site visits, and shall, to the extent practicable, coordinate such

visits with site visits by States, guaranty agencies, and

accrediting bodies in order to eliminate duplication, and reduce

administrative burden.

(g) Time limitations on, and renewal of, eligibility

(1) General rule

After the expiration of the certification of any institution

under the schedule prescribed under this section (as this section

was in effect prior to October 7, 1998), or upon request for

initial certification from an institution not previously

certified, the Secretary may certify the eligibility for the

purposes of any program authorized under this subchapter and part

C of subchapter I of chapter 34 of title 42 of each such

institution for a period not to exceed 6 years.

(2) Notification

The Secretary shall notify each institution of higher education

not later than 6 months prior to the date of the expiration of

the institution's certification.

(3) Institutions outside the United States

The Secretary shall promulgate regulations regarding the

recertification requirements applicable to an institution of

higher education outside of the United States that meets the

requirements of section 1002(a)(1)(C) of this title and received

less than $500,000 in funds under part B of this subchapter for

the most recent year for which data are available.

(h) Provisional certification of institutional eligibility

(1) Notwithstanding subsections (d) and (g) of this section, the

Secretary may provisionally certify an institution's eligibility to

participate in programs under this subchapter and part C of

subchapter I of chapter 34 of title 42 -

(A) for not more than one complete award year in the case of an

institution of higher education seeking an initial certification;

and

(B) for not more than 3 complete award years if -

(i) the institution's administrative capability and financial

responsibility is being determined for the first time;

(ii) there is a complete or partial change of ownership, as

defined under subsection (i) of this section, of an eligible

institution; or

(iii) the Secretary determines that an institution that seeks

to renew its certification is, in the judgment of the

Secretary, in an administrative or financial condition that may

jeopardize its ability to perform its financial

responsibilities under a program participation agreement.

(2) Whenever the Secretary withdraws the recognition of any

accrediting agency, an institution of higher education which meets

the requirements of accreditation, eligibility, and certification

on the day prior to such withdrawal, the Secretary may,

notwithstanding the withdrawal, continue the eligibility of the

institution of higher education to participate in the programs

authorized by this subchapter and part C of subchapter I of chapter

34 of title 42 for a period not to exceed 18 months from the date

of the withdrawal of recognition.

(3) If, prior to the end of a period of provisional certification

under this subsection, the Secretary determines that the

institution is unable to meet its responsibilities under its

program participation agreement, the Secretary may terminate the

institution's participation in programs under this subchapter and

part C of subchapter I of chapter 34 of title 42.

(i) Treatment of changes of ownership

(1) An eligible institution of higher education that has had a

change in ownership resulting in a change of control shall not

qualify to participate in programs under this subchapter and part C

of subchapter I of chapter 34 of title 42 after the change in

control (except as provided in paragraph (3)) unless it establishes

that it meets the requirements of section 1002 of this title (other

than the requirements in subsections (b)(5) and (c)(3) (FOOTNOTE 1)

) and this section after such change in control.

(FOOTNOTE 1) See References in Text note below.

(2) An action resulting in a change in control may include (but

is not limited to) -

(A) the sale of the institution or the majority of its assets;

(B) the transfer of the controlling interest of stock of the

institution or its parent corporation;

(C) the merger of two or more eligible institutions;

(D) the division of one or more institutions into two or more

institutions;

(E) the transfer of the controlling interest of stock of the

institutions to its parent corporation; or

(F) the transfer of the liabilities of the institution to its

parent corporation.

(3) An action that may be treated as not resulting in a change in

control includes (but is not limited to) -

(A) the sale or transfer, upon the death of an owner of an

institution, of the ownership interest of the deceased in that

institution to a family member or to a person holding an

ownership interest in that institution; or

(B) another action determined by the Secretary to be a routine

business practice.

(4)(A) The Secretary may provisionally certify an institution

seeking approval of a change in ownership based on the preliminary

review by the Secretary of a materially complete application that

is received by the Secretary within 10 business days of the

transaction for which the approval is sought.

(B) A provisional certification under this paragraph shall expire

not later than the end of the month following the month in which

the transaction occurred, except that if the Secretary has not

issued a decision on the application for the change of ownership

within that period, the Secretary may continue such provisional

certification on a month-to-month basis until such decision has

been issued.

(j) Treatment of branches

(1) A branch of an eligible institution of higher education, as

defined pursuant to regulations of the Secretary, shall be

certified under this subpart before it may participate as part of

such institution in a program under this subchapter and part C of

subchapter I of chapter 34 of title 42, except that such branch

shall not be required to meet the requirements of sections

1002(b)(1)(E) and 1002(c)(1)(C) of this title prior to seeking such

certification. Such branch is required to be in existence at least

2 years after the branch is certified by the Secretary as a branch

campus participating in a program under this subchapter and part C

of subchapter I of chapter 34 of title 42, prior to seeking

certification as a main campus or free-standing institution.

(2) The Secretary may waive the requirement of section 1001(a)(2)

of this title for a branch that (A) is not located in a State, (B)

is affiliated with an eligible institution, and (C) was

participating in one or more programs under this subchapter and

part C of subchapter I of chapter 34 of title 42 on or before

January 1, 1992.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 498, as added Pub. L. 102-325,

title IV, Sec. 499, July 23, 1992, 106 Stat. 647; amended Pub. L.

103-208, Sec. 2(i)(9)-(14), Dec. 20, 1993, 107 Stat. 2479, 2480;

Pub. L. 105-244, title I, Sec. 102(a)(6)(B), (b)(6), (7), title IV,

Sec. 493(a)-(c)(1), (d)-(h), Oct. 7, 1998, 112 Stat. 1618, 1622,

1761-1763.)

-REFTEXT-

REFERENCES IN TEXT

Subsections (b)(5) and (c)(3), referred to in subsec. (i)(1),

originally meant subsections (b)(5) and (c)(3) of section 1088 of

this title, see 1998 Amendment note below for subsec. (i)(1). Pub.

L. 105-244, title I, Sec. 101(c), Oct. 7, 1998, 112 Stat. 1617,

amended section 1088 by striking out subsecs. (b) and (c) and

redesignating subsecs. (e) and (f) as (b) and (c), respectively.

Section 1002 of this title does not contain a subsec. (b)(5) or

(c)(3), but provisions similar to those appearing in former

subsecs. (b)(5) and (c)(3) of section 1088 are contained in

subsecs. (b)(1)(E) and (c)(1)(C) of section 1002.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-244, Sec. 493(a)(1),

substituted ''financial responsibility, and administrative

capability'' for ''and capability''.

Subsec. (b)(3). Pub. L. 105-244, Sec. 493(a)(2), amended par. (3)

generally. Prior to amendment, par. (3) read as follows:

''requires a description of third party servicers of an institution

of higher education, together with a copy of any contract with the

institution of higher education and a financial aid service

provider or loan servicer; and''.

Subsec. (b)(5). Pub. L. 105-244, Sec. 493(a)(3), (4), added par.

(5).

Subsec. (c)(2). Pub. L. 105-244, Sec. 493(b)(1)(B), inserted '',

public,'' after ''for profit'' in second sentence.

Pub. L. 105-244, Sec. 493(b)(1)(A), which directed amendment of

first sentence by substituting ''regarding ratios that demonstrate

financial responsibility,'' for ''with respect to operating losses,

net worth, asset-to-liabilities ratios, or operating fund

deficits'', was executed by making the substitution for text which

read ''asset-to-liabilities ratios'' rather than ''asset to

liabilities ratios'', to reflect the probable intent of Congress.

Subsec. (c)(3)(A). Pub. L. 105-244, Sec. 493(b)(2), inserted

''that the Secretary determines are reasonable'' after ''Secretary

third-party financial guarantees''.

Subsec. (c)(4). Pub. L. 105-244, Sec. 493(b)(3)(A), substituted

''criteria'' for ''ratio of current assets to current liabilities''

in introductory provisions.

Subsec. (c)(4)(C). Pub. L. 105-244, Sec. 493(b)(3)(B),

substituted ''criteria'' for ''current operating ratio

requirement''.

Subsec. (e)(6). Pub. L. 105-244, Sec. 493(c)(1), added par. (6).

Subsec. (f). Pub. L. 105-244, Sec. 493(d), substituted ''and site

visits'' for ''; site visits and fees'' in heading, ''may'' for

''shall'' in second sentence, and ''shall establish'' for ''may

establish'' and ''shall, to the extent practicable, coordinate''

for ''may coordinate'' in third sentence, and struck out at end

''The Secretary may charge reasonable fees to cover the expenses of

certification and site visits and, to the extent permitted by

appropriations Acts, may retain such fees to cover such expenses.''

Subsec. (g). Pub. L. 105-244, Sec. 493(e), amended heading and

text of subsec. (g) generally. Prior to amendment, text read as

follows:

''(1) The eligibility for the purposes of any program authorized

under this subchapter and part C of subchapter I of chapter 34 of

title 42 of any institution that is participating in any such

program on July 23, 1992, shall expire in accordance with the

schedule prescribed by the Secretary in accordance with paragraph

(2), but not later than 5 years after July 23, 1992.

''(2) The Secretary shall establish a schedule for the expiration

of the eligibility for purposes of any such program of all

institutions of higher education within the 5-year period specified

in paragraph (1). Such schedule shall place a priority for the

expiration of the certification of institutions on those that meet

the following criteria:

''(A) institutions subject to review by a State postsecondary

review entity pursuant to subpart 1 of this part; or

''(B) other categories of institutions which the Secretary

deems necessary.

''(3) After the expiration of the certification of any

institution under the schedule prescribed under this subsection, or

upon request for initial certification from an institution not

previously certified, the Secretary may certify the eligibility for

the purposes of any program authorized under this subchapter and

part C of subchapter I of chapter 34 of title 42 of each such

institution for a period not to exceed 4 years.''

Subsec. (h)(2). Pub. L. 105-244, Sec. 493(f), substituted ''the

recognition'' for ''the approval'' and ''of recognition'' for ''of

approval''.

Subsec. (i)(1). Pub. L. 105-244, Sec. 102(b)(6), substituted

''section 1002'' for ''section 1088''.

Subsec. (i)(4). Pub. L. 105-244, Sec. 493(g), added par. (4).

Subsec. (j)(1). Pub. L. 105-244, Sec. 493(h), inserted ''after

the branch is certified by the Secretary as a branch campus

participating in a program under this subchapter and part C of

subchapter I of chapter 34 of title 42,'' after ''2 years''.

Pub. L. 105-244, Sec. 102(b)(7)(A), substituted ''sections

1002(b)(1)(E) and 1002(c)(1)(C)'' for ''sections 1088(b)(5) and

1088(c)(3)''.

Subsec. (j)(2). Pub. L. 105-244, Sec. 102(a)(6)(B), (b)(7)(B),

amended par. (2) identically, substituting ''section 1001(a)(2)''

for ''section 1141(a)(2)''.

1993 - Subsec. (c)(2). Pub. L. 103-208, Sec. 2(i)(9)(A), inserted

at end ''Such criteria shall take into account any differences in

generally accepted accounting principles, and the financial

statements required thereunder, that are applicable to for profit

and nonprofit institutions. The Secretary shall take into account

an institution's total financial circumstances in making a

determination of its ability to meet the standards herein

required.''

Subsec. (c)(3). Pub. L. 103-208, Sec. 2(i)(9)(B), substituted

''The Secretary shall determine'' for ''The Secretary may

determine'' in introductory provisions.

Subsec. (c)(3)(C). Pub. L. 103-208, Sec. 2(i)(9)(C), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: ''such institution establishes to the satisfaction of the

Secretary, with the support of a report of an independent certified

public accountant prepared under generally accepted accounting

principles, that the institution is a going concern capable of

meeting all of its financial obligations, including (but not

limited to) refunds of institutional charges and repayments to the

Secretary for liabilities and debts incurred in programs

administered by the Secretary; or''.

Subsec. (c)(4) to (6). Pub. L. 103-208, Sec. 2(i)(9)(D), (E),

added par. (4) and redesignated former pars. (4) and (5) as (5) and

(6), respectively.

Subsec. (f). Pub. L. 103-208, Sec. 2(i)(10), inserted after

second sentence ''The Secretary may establish priorities by which

institutions are to receive site visits, and may coordinate such

visits with site visits by States, guaranty agencies, and

accrediting bodies in order to eliminate duplication, and reduce

administrative burden.''

Subsec. (h)(1)(B)(iii). Pub. L. 103-208, Sec. 2(i)(11), amended

cl. (iii) generally. Prior to amendment, cl. (iii) read as

follows: ''the Secretary determines that the institution is, in the

judgment of the Secretary, in an administrative or financial

condition that may jeopardize its ability to perform its

responsibilities under its program participation agreement.''

Subsec. (i)(1). Pub. L. 103-208, Sec. 2(i)(12), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''For the

purpose of certifying the eligibility of an institution, an

eligible institution of higher education that has a change in

ownership resulting in a change in control shall not be considered

to be the same institution (except as provided in paragraph (3))

and shall be considered a new institution for the purpose of

establishing eligibility, except that such institution shall not be

required (under section 1088(b)(5) or 1088(c)(3) of this title) to

be in existence for 2 years prior to seeking such certification

unless such institution was in existence as a branch for less than

2 years.''

Subsec. (i)(3)(A). Pub. L. 103-208, Sec. 2(i)(13), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''the death of an owner of an institution, when the

owner's interest is sold or transferred to either a family member

or a current stockholder of the corporation; or''.

Subsec. (j)(1). Pub. L. 103-208, Sec. 2(i)(14), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''For the

purposes of this subchapter and part C of subchapter I of chapter

34 of title 42, a branch of an eligible institution, as defined

pursuant to regulations of the Secretary, is a separate institution

of higher education and shall separately meet all the requirements

of this subchapter and part C of subchapter I of chapter 34 of

title 42, except that such institution shall not be required (under

section 1088(b)(5) or 1088(c)(3) of this title) to be in existence

for 2 years prior to seeking such certification unless such

institution was in existence as a branch for less than 2 years.''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by sections 102(a)(6)(B), (b)(6), (7) and 493(a), (b),

(d)-(h) of Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

Pub. L. 105-244, title IV, Sec. 493(c)(2), Oct. 7, 1998, 112

Stat. 1762, provided that: ''The amendment made by paragraph (1)

(amending this section) shall be effective with respect to any

unpaid refunds that were first required to be paid to a lender or

to the Secretary on or after 90 days after the date of enactment of

this Act (Oct. 7, 1998).''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-208 effective as if included in the

Higher Education Amendments of 1992, Pub. L. 102-325, except as

otherwise provided, see section 5(a) of Pub. L. 103-208, set out as

a note under section 1051 of this title.

EFFECTIVE DATE

Subpart effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,

set out as an Effective Date of 1992 Amendment note under section

1001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1087dd, 1094, 1099c-1,

5938 of this title.

-CITE-

20 USC Sec. 1099c-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 3 - eligibility and certification procedures

-HEAD-

Sec. 1099c-1. Program review and data

-STATUTE-

(a) General authority

In order to strengthen the administrative capability and

financial responsibility provisions of this subchapter and part C

of subchapter I of chapter 34 of title 42, the Secretary -

(1) shall provide for the conduct of program reviews on a

systematic basis designed to include all institutions of higher

education participating in programs authorized by this subchapter

and part C of subchapter I of chapter 34 of title 42;

(2) shall give priority for program review to institutions of

higher education that are -

(A) institutions with a cohort default rate for loans under

part B of this subchapter in excess of 25 percent or which

places such institutions in the highest 25 percent of such

institutions;

(B) institutions with a default rate in dollar volume for

loans under part B of this subchapter which places the

institutions in the highest 25 percent of such institutions;

(C) institutions with a significant fluctuation in Federal

Stafford Loan volume, Federal Direct Stafford/Ford Loan volume,

or Federal Pell Grant award volume, or any combination thereof,

in the year for which the determination is made, compared to

the year prior to such year, that are not accounted for by

changes in the Federal Stafford Loan program, the Federal

Direct Stafford/Ford Loan program, or the Pell Grant program,

or any combination thereof;

(D) institutions reported to have deficiencies or financial

aid problems by the State licensing or authorizing agency, or

by the appropriate accrediting agency or association;

(E) institutions with high annual dropout rates; and

(F) such other institutions that the Secretary determines may

pose a significant risk of failure to comply with the

administrative capability or financial responsibility

provisions of this subchapter and part C of subchapter I of

chapter 34 of title 42; and

(3) shall establish and operate a central data base of

information on institutional accreditation, eligibility, and

certification that includes -

(A) all relevant information available to the Department;

(B) all relevant information made available by the Secretary

of Veterans Affairs;

(C) all relevant information from accrediting agencies or

associations;

(D) all relevant information available from a guaranty

agency; and

(E) all relevant information available from States under

subpart 1 of this part.

(b) Special administrative rules

In carrying out paragraphs (1) and (2) of subsection (a) of this

section and any other relevant provisions of this subchapter and

part C of subchapter I of chapter 34 of title 42, the Secretary

shall -

(1) establish guidelines designed to ensure uniformity of

practice in the conduct of program reviews of institutions of

higher education;

(2) make available to each institution participating in

programs authorized under this subchapter and part C of

subchapter I of chapter 34 of title 42 complete copies of all

review guidelines and procedures used in program reviews;

(3) permit the institution to correct or cure an

administrative, accounting, or recordkeeping error if the error

is not part of a pattern of error and there is no evidence of

fraud or misconduct related to the error;

(4) base any civil penalty assessed against an institution of

higher education resulting from a program review or audit on the

gravity of the violation, failure, or misrepresentation; and

(5) inform the appropriate State and accrediting agency or

association whenever the Secretary takes action against an

institution of higher education under this section, section 1099c

of this title, or section 1082 of this title.

(c) Data collection rules

The Secretary shall develop and carry out a plan for the data

collection responsibilities described in paragraph (3) of

subsection (a) of this section. The Secretary shall make the

information obtained under such paragraph (3) readily available to

all institutions of higher education, guaranty agencies, States,

and other organizations participating in the programs authorized by

this subchapter and part C of subchapter I of chapter 34 of title

42.

(d) Training

The Secretary shall provide training to personnel of the

Department, including criminal investigative training, designed to

improve the quality of financial and compliance audits and program

reviews conducted under this subchapter and part C of subchapter I

of chapter 34 of title 42.

(e) Special rule

The provisions of section 3403(b) of this title shall not apply

to Secretarial determinations made regarding the appropriate length

of instruction for programs measured in clock hours.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 498A, as added Pub. L. 102-325,

title IV, Sec. 499, July 23, 1992, 106 Stat. 652; amended Pub. L.

103-208, Sec. 2(i)(15), Dec. 20, 1993, 107 Stat. 2480; Pub. L.

105-244, title IV, Sec. 494, Oct. 7, 1998, 112 Stat. 1763.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-244, Sec. 494(1)(A)(i),

substituted ''shall'' for ''may'' in introductory provisions.

Subsec. (a)(2)(C). Pub. L. 105-244, Sec. 494(1)(A)(ii), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: ''institutions with a significant fluctuation in Federal

Stafford Loan volume or Federal Pell Grant awards, or both, in the

year for which the determination is made compared to the year prior

to such year;''.

Subsec. (a)(2)(D). Pub. L. 105-244, Sec. 494(1)(A)(iii), amended

subpar. (D) generally. Prior to amendment, subpar. (D) read as

follows: ''institutions reported to have deficiencies or financial

aid problems by the appropriate State postsecondary review entity

designated under subpart 1 of this part or by the appropriate

accrediting agency or association;''.

Subsec. (a)(2)(E). Pub. L. 105-244, Sec. 494(1)(A)(iv), inserted

''and'' after the semicolon.

Subsec. (a)(2)(F), (G). Pub. L. 105-244, Sec. 494(1)(A)(v), added

subpar. (F) and struck out former subpars. (F) and (G) which read

as follows:

''(F) any institution which is required to be reviewed by a State

postsecondary review entity pursuant to subpart 1 of this part

under section 1099a-3(b) of this title; and

''(G) such other institutions as the Secretary deems necessary;

and''.

Subsec. (a)(3)(A). Pub. L. 105-244, Sec. 494(1)(B), inserted

''relevant'' after ''all''.

Subsec. (b). Pub. L. 105-244, Sec. 494(2), amended heading and

text of subsec. (b). Prior to amendment, text read as follows:

''(1) In carrying out paragraphs (1) and (2) of subsection (a) of

this section, the Secretary shall establish guidelines designed to

ensure uniformity of practice in the conduct of program reviews of

institutions of higher education.

''(2) The Secretary shall review the regulations of the

Department and the application of such regulations to ensure the

uniformity of interpretation and application of the regulations.''

1993 - Subsec. (e). Pub. L. 103-208 struck out comma after

''title''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-208 effective as if included in the

Higher Education Amendments of 1992, Pub. L. 102-325, except as

otherwise provided, see section 5(a) of Pub. L. 103-208, set out as

a note under section 1051 of this title.

-CITE-

20 USC Sec. 1099c-2 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER IV - STUDENT ASSISTANCE

Part G - Program Integrity

subpart 3 - eligibility and certification procedures

-HEAD-

Sec. 1099c-2. Review of regulations

-STATUTE-

(a) Review required

The Secretary shall review each regulation issued under this

subchapter and part C of subchapter I of chapter 34 of title 42

that is in effect at the time of the review and applies to the

operations or activities of any participant in the programs

assisted under this subchapter and part C of subchapter I of

chapter 34 of title 42. The review shall include a determination of

whether the regulation is duplicative, or is no longer necessary.

The review may involve one or more of the following:

(1) An assurance of the uniformity of interpretation and

application of such regulations.

(2) The establishment of a process for ensuring that

eligibility and compliance issues, such as institutional audit,

program review, and recertification, are considered

simultaneously.

(3) A determination of the extent to which unnecessary costs

are imposed on institutions of higher education as a consequence

of the applicability to the facilities and equipment of such

institutions of regulations prescribed for purposes of regulating

industrial and commercial enterprises.

(b) Regulatory and statutory relief for small volume institutions

The Secretary shall review and evaluate ways in which regulations

under and provisions of this chapter affecting institution of

higher education (other than institutions described in section

1002(a)(1)(C) of this title), that have received in each of the two

most recent award years prior to October 7, 1998, less than

$200,000 in funds through this subchapter and part C of subchapter

I of chapter 34 of title 42, may be improved, streamlined, or

eliminated.

(c) Consultation

In carrying out subsections (a) and (b) of this section, the

Secretary shall consult with relevant representatives of

institutions participating in the programs authorized by this

subchapter and part C of subchapter I of chapter 34 of title 42.

(d) Reports to Congress

(1) In general

The Secretary shall submit, not later than 1 year after October

7, 1998, a report to the Committee on Labor and Human Resources

of the Senate and the Committee on Education and the Workforce of

the House of Representatives detailing the Secretary's findings

and recommendations based on the reviews conducted under

subsections (a) and (b) of this section, including a timetable

for implementation of any recommended changes in regulations and

a description of any recommendations for legislative changes.

(2) Additional reports

Not later than January 1, 2003, the Secretary shall submit a

report to the Committee on Labor and Human Resources of the

Senate and the Committee on Education and the Workforce of the

House of Representatives detailing the Secretary's findings and

recommendations based on the review conducted under subsection

(a) of this section, including a timetable for implementation of

any recommended changes in regulations and a description of any

recommendations for legislative changes.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 498B, as added Pub. L. 105-244,

title IV, Sec. 495, Oct. 7, 1998, 112 Stat. 1764.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

''this Act'', meaning Pub. L. 89-329, as amended, known as the

Higher Education Act of 1965. For complete classification of this

Act to the Code, see Short Title note set out under section 1001 of

this title and Tables.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1098 of this title.

-CITE-

20 USC SUBCHAPTER V - DEVELOPING INSTITUTIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

.

-HEAD-

SUBCHAPTER V - DEVELOPING INSTITUTIONS

-COD-

CODIFICATION

Title V of the Higher Education Act of 1965, comprising this

subchapter, was originally enacted by Pub. L. 89-329, Nov. 8, 1965,

79 Stat. 1254; amended Pub. L. 90-35, June 29, 1967, 81 Stat. 81;

Pub. L. 90-83, Sept. 11, 1967, 81 Stat. 195; Pub. L. 90-247, Jan.

2, 1968, 81 Stat. 783; Pub. L. 90-575, Oct. 16, 1968, 82 Stat.

1014; Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318,

June 23, 1972, 86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88

Stat. 484; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L.

95-43, June 15, 1977, 91 Stat. 213; Pub. L. 95-561, Nov. 1, 1978,

92 Stat. 2143; Pub. L. 96-49, Aug. 13, 1979, 93 Stat. 351; Pub. L.

96-88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96-374, Oct. 3, 1980,

94 Stat. 1367; Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L.

97-300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98-558, Oct. 30,

1984, 98 Stat. 2878; Pub. L. 99-386, Aug. 22, 1986, 100 Stat. 821;

Pub. L. 99-498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100-50, June

3, 1987, 101 Stat. 335; Pub. L. 101-226, Dec. 12, 1989, 103 Stat.

1928; Pub. L. 102-325, July 23, 1992, 106 Stat. 448; Pub. L.

103-208, Dec. 20, 1993, 107 Stat. 2457; Pub. L. 103-227, Mar. 31,

1994, 108 Stat. 125; Pub. L. 103-382, Oct. 20, 1994, 108 Stat.

3518. Title V is shown herein, however, as having been added by

Pub. L. 105-244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1765,

without reference to those intervening amendments because of the

extensive revision of title V by Pub. L. 105-244.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1070a-14, 1124 of this

title; title 8 section 1613.

-CITE-

20 USC Part A - Hispanic-Serving Institutions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part A - Hispanic-Serving Institutions

.

-HEAD-

Part A - Hispanic-Serving Institutions

-MISC1-

PRIOR PROVISIONS

A prior part A consisted of sections 1102 to 1102j and related to

State and local programs for teacher excellence prior to the

general amendment of this subchapter by Pub. L. 105-244.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1103a of this title.

-CITE-

20 USC Sec. 1101 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part A - Hispanic-Serving Institutions

-HEAD-

Sec. 1101. Findings; purpose; and program authority

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) Hispanic Americans are at high risk of not enrolling or

graduating from institutions of higher education.

(2) Disparities between the enrollment of non-Hispanic white

students and Hispanic students in postsecondary education are

increasing. Between 1973 and 1994, enrollment of white secondary

school graduates in 4-year institutions of higher education

increased at a rate two times higher than that of Hispanic

secondary school graduates.

(3) Despite significant limitations in resources,

Hispanic-serving institutions provide a significant proportion of

postsecondary opportunities for Hispanic students.

(4) Relative to other institutions of higher education,

Hispanic-serving institutions are underfunded. Such institutions

receive significantly less in State and local funding, per

full-time equivalent student, than other institutions of higher

education.

(5) Hispanic-serving institutions are succeeding in educating

Hispanic students despite significant resource problems that -

(A) limit the ability of such institutions to expand and

improve the academic programs of such institutions; and

(B) could imperil the financial and administrative stability

of such institutions.

(6) There is a national interest in remedying the disparities

described in paragraphs (2) and (4) and ensuring that Hispanic

students have an equal opportunity to pursue postsecondary

opportunities.

(b) Purpose

The purpose of this subchapter is to -

(1) expand educational opportunities for, and improve the

academic attainment of, Hispanic students; and

(2) expand and enhance the academic offerings, program quality,

and institutional stability of colleges and universities that are

educating the majority of Hispanic college students and helping

large numbers of Hispanic students and other low-income

individuals complete postsecondary degrees.

(c) Program authority

The Secretary shall provide grants and related assistance to

Hispanic-serving institutions to enable such institutions to

improve and expand their capacity to serve Hispanic students and

other low-income individuals.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 501, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1765.)

-MISC1-

PRIOR PROVISIONS

A prior section 1101, Pub. L. 89-329, title V, Sec. 500, as added

Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat.

653, set forth findings of Congress and purpose of this subchapter,

prior to the general amendment of this subchapter by Pub. L.

105-244.

Another prior section 1101, Pub. L. 89-329, title V, Sec. 501, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1495, related to statement of purpose and applicability of

this subchapter, prior to the general amendment of this subchapter

by Pub. L. 102-325.

Another prior section 1101, Pub. L. 89-329, title V, Sec. 511,

Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90-35, Sec. 3(a)(3), (b), June

29, 1967, 81 Stat. 85; Pub. L. 90-575, title II, Sec. 231 (a),

(b)(1), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 91-230, title VIII,

Sec. 804(b), 805(a), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L.

92-318, title I, Sec. 141(a)(1)(A), (c)(1)(C), June 23, 1972, 86

Stat. 284, 285; Pub. L. 93-380, title VIII, Sec. 835(a)(1), Aug.

21, 1974, 88 Stat. 605; Pub. L. 94-482, title I, Sec. 151(a)(5)(A),

152(a), Oct. 12, 1976, 90 Stat. 2152; Pub. L. 96-49, Sec. 6(a),

Aug. 13, 1979, 93 Stat. 353; Pub. L. 96-374, title V, Sec. 501(a),

Oct. 3, 1980, 94 Stat. 1459, set forth statement of purpose and

authorization of appropriations for Teacher Corps program, prior to

repeal by Pub. L. 97-35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95

Stat. 480, eff. Oct. 1, 1982.

A prior section 501 of Pub. L. 89-329 was classified to section

1102 of this title prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 501 of Pub. L. 89-329 was classified to

section 1091 of this title prior to repeal by Pub. L. 94-482.

EFFECTIVE DATE

Subchapter effective Oct. 1, 1998, except as otherwise provided

in Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

NATIONAL JOB BANK FOR TEACHER RECRUITMENT

Pub. L. 102-325, title XIV, Sec. 1412, July 23, 1992, 106 Stat.

822, authorized Secretary of Education to conduct study on

feasibility of establishing national and regional clearinghouses to

operate national and regional teacher job banks and to contract one

or more entities to establish a national or regional teacher job

bank clearinghouse, prior to repeal by Pub. L. 105-332, Sec.

6(b)(2), Oct. 31, 1998, 112 Stat. 3128.

TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL-BASED DECISIONMAKERS

DEMONSTRATION PROGRAM

Pub. L. 102-325, title XV, Sec. 1531, July 23, 1992, 106 Stat.

834, authorized Secretary of Education to make grants to local

education agencies, in consortia with one or more institutions of

higher education, to establish programs to provide training and

technical assistance to school-based decisionmakers in local

education agencies implementing system-wide reform, prior to repeal

by Pub. L. 105-332, Sec. 6(b)(3), Oct. 31, 1998, 112 Stat. 3128.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1103 of this title.

-CITE-

20 USC Sec. 1101a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part A - Hispanic-Serving Institutions

-HEAD-

Sec. 1101a. Definitions; eligibility

-STATUTE-

(a) Definitions

For the purpose of this subchapter:

(1) Educational and general expenditures

The term ''educational and general expenditures'' means the

total amount expended by an institution for instruction,

research, public service, academic support (including library

expenditures), student services, institutional support,

scholarships and fellowships, operation and maintenance

expenditures for the physical plant, and any mandatory transfers

that the institution is required to pay by law.

(2) Eligible institution

The term ''eligible institution'' means -

(A) an institution of higher education -

(i) that has an enrollment of needy students as required by

subsection (b) of this section;

(ii) except as provided in section 1103a(b) of this title,

the average educational and general expenditures of which are

low, per full-time equivalent undergraduate student, in

comparison with the average educational and general

expenditures per full-time equivalent undergraduate student

of institutions that offer similar instruction;

(iii) that is -

(I) legally authorized to provide, and provides within

the State, an educational program for which the institution

awards a bachelor's degree; or

(II) a junior or community college;

(iv) that is accredited by a nationally recognized

accrediting agency or association determined by the Secretary

to be reliable authority as to the quality of training

offered or that is, according to such an agency or

association, making reasonable progress toward accreditation;

(v) that meets such other requirements as the Secretary may

prescribe; and

(vi) that is located in a State; and

(B) any branch of any institution of higher education

described under subparagraph (A) that by itself satisfies the

requirements contained in clauses (i) and (ii) of such

subparagraph.

For purposes of the determination of whether an institution is an

eligible institution under this paragraph, the factor described

under subparagraph (A)(i) shall be given twice the weight of the

factor described under subparagraph (A)(ii).

(3) Endowment fund

The term ''endowment fund'' means a fund that -

(A) is established by State law, by a Hispanic-serving

institution, or by a foundation that is exempt from Federal

income taxation;

(B) is maintained for the purpose of generating income for

the support of the institution; and

(C) does not include real estate.

(4) Full-time equivalent students

The term ''full-time equivalent students'' means the sum of the

number of students enrolled full time at an institution, plus the

full-time equivalent of the number of students enrolled part time

(determined on the basis of the quotient of the sum of the credit

hours of all part-time students divided by 12) at such

institution.

(5) Hispanic-serving institution

The term ''Hispanic-serving institution'' means an institution

of higher education that -

(A) is an eligible institution;

(B) at the time of application, has an enrollment of

undergraduate full-time equivalent students that is at least 25

percent Hispanic students; and

(C) provides assurances that not less than 50 percent of the

institution's Hispanic students are low-income individuals.

(6) Junior or community college

The term ''junior or community college'' means an institution

of higher education -

(A) that admits as regular students persons who are beyond

the age of compulsory school attendance in the State in which

the institution is located and who have the ability to benefit

from the training offered by the institution;

(B) that does not provide an educational program for which

the institution awards a bachelor's degree (or an equivalent

degree); and

(C) that -

(i) provides an educational program of not less than 2

years in duration that is acceptable for full credit toward

such a degree; or

(ii) offers a 2-year program in engineering, mathematics,

or the physical or biological sciences, designed to prepare a

student to work as a technician or at the semiprofessional

level in engineering, scientific, or other technological

fields requiring the understanding and application of basic

engineering, scientific, or mathematical principles of

knowledge.

(7) Low-income individual

The term ''low-income individual'' means an individual from a

family whose taxable income for the preceding year did not exceed

150 percent of an amount equal to the poverty level determined by

using criteria of poverty established by the Bureau of the

Census.

(b) Enrollment of needy students

For the purpose of this subchapter, the term ''enrollment of

needy students'' means an enrollment at an institution with respect

to which -

(1) at least 50 percent of the degree students so enrolled are

receiving need-based assistance under subchapter IV of this

chapter and part C of subchapter I of chapter 34 of title 42 in

the second fiscal year preceding the fiscal year for which the

determination is made (other than loans for which an interest

subsidy is paid pursuant to section 1078 of this title); or

(2) a substantial percentage of the students so enrolled are

receiving Federal Pell Grants in the second fiscal year preceding

the fiscal year for which determination is made, compared to the

percentage of students receiving Federal Pell Grants at all such

institutions in the second fiscal year preceding the fiscal year

for which the determination is made, unless the requirement of

this paragraph is waived under section 1103a(a) of this title.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 502, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1766.)

-MISC1-

PRIOR PROVISIONS

A prior section 1101a, Pub. L. 89-329, title V, Sec. 502, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1496, authorized appropriations for this subchapter, prior to

the general amendment of this subchapter by Pub. L. 102-325.

A prior section 502 of Pub. L. 89-329 was classified to section

1102a of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 502 of Pub. L. 89-329 was classified to

section 1091a of this title, prior to repeal by Pub. L. 94-482.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1103, 1103a, 1131-1 of

this title; title 42 section 5197h.

-CITE-

20 USC Sec. 1101b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part A - Hispanic-Serving Institutions

-HEAD-

Sec. 1101b. Authorized activities

-STATUTE-

(a) Types of activities authorized

Grants awarded under this subchapter shall be used by

Hispanic-serving institutions of higher education to assist the

institutions to plan, develop, undertake, and carry out programs to

improve and expand the institutions' capacity to serve Hispanic

students and other low-income students.

(b) Authorized activities

Grants awarded under this section shall be used for one or more

of the following activities:

(1) Purchase, rental, or lease of scientific or laboratory

equipment for educational purposes, including instructional and

research purposes.

(2) Construction, maintenance, renovation, and improvement in

classrooms, libraries, laboratories, and other instructional

facilities.

(3) Support of faculty exchanges, faculty development,

curriculum development, academic instruction, and faculty

fellowships to assist in attaining advanced degrees in the

fellow's field of instruction.

(4) Purchase of library books, periodicals, and other

educational materials, including telecommunications program

material.

(5) Tutoring, counseling, and student service programs designed

to improve academic success.

(6) Funds management, administrative management, and

acquisition of equipment for use in strengthening funds

management.

(7) Joint use of facilities, such as laboratories and

libraries.

(8) Establishing or improving a development office to

strengthen or improve contributions from alumni and the private

sector.

(9) Establishing or improving an endowment fund.

(10) Creating or improving facilities for Internet or other

distance learning academic instruction capabilities, including

purchase or rental of telecommunications technology equipment or

services.

(11) Establishing or enhancing a program of teacher education

designed to qualify students to teach in public elementary

schools and secondary schools.

(12) Establishing community outreach programs that will

encourage elementary school and secondary school students to

develop the academic skills and the interest to pursue

postsecondary education.

(13) Expanding the number of Hispanic and other

underrepresented graduate and professional students that can be

served by the institution by expanding courses and institutional

resources.

(14) Other activities proposed in the application submitted

pursuant to section 1101c of this title that -

(A) contribute to carrying out the purposes of this

subchapter; and

(B) are approved by the Secretary as part of the review and

acceptance of such application.

(c) Endowment fund limitations

(1) Portion of grant

A Hispanic-serving institution may not use more than 20 percent

of the grant funds provided under this subchapter for any fiscal

year for establishing or improving an endowment fund.

(2) Matching required

A Hispanic-serving institution that uses any portion of the

grant funds provided under this subchapter for any fiscal year

for establishing or improving an endowment fund shall provide

from non-Federal funds an amount equal to or greater than the

portion.

(3) Comparability

The provisions of part C of subchapter III of this chapter

regarding the establishment or increase of an endowment fund,

that the Secretary determines are not inconsistent with this

subsection, shall apply to funds used under paragraph (1).

-SOURCE-

(Pub. L. 89-329, title V, Sec. 503, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1768.)

-MISC1-

PRIOR PROVISIONS

A prior section 503 of Pub. L. 89-329 was classified to section

1102b of this title prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 503 of Pub. L. 89-329 was classified to

section 1091b of this title prior to repeal by Pub. L. 94-482.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1103c of this title.

-CITE-

20 USC Sec. 1101c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part A - Hispanic-Serving Institutions

-HEAD-

Sec. 1101c. Duration of grant

-STATUTE-

(a) Award period

(1) In general

The Secretary may award a grant to a Hispanic-serving

institution under this subchapter for 5 years.

(2) Waitout period

A Hispanic-serving institution shall not be eligible to secure

a subsequent 5-year grant award under this subchapter until 2

years have elapsed since the expiration of the institution's most

recent 5-year grant award under this subchapter, except that for

the purpose of this subsection a grant under section 1103c(a) of

this title shall not be considered a grant under this subchapter.

(b) Planning grants

Notwithstanding subsection (a) of this section, the Secretary may

award a grant to a Hispanic-serving institution under this

subchapter for a period of 1 year for the purpose of preparation of

plans and applications for a grant under this subchapter.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 504, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1769.)

-MISC1-

PRIOR PROVISIONS

A prior section 504 of Pub. L. 89-329 was classified to section

1102c of this title prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 504 of Pub. L. 89-329 was classified to

section 1091c of this title prior to repeal by Pub. L. 94-482.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1101b of this title.

-CITE-

20 USC Sec. 1101d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part A - Hispanic-Serving Institutions

-HEAD-

Sec. 1101d. Special rule

-STATUTE-

No Hispanic-serving institution that is eligible for and receives

funds under this subchapter may receive funds under part A or B of

subchapter III of this chapter during the period for which funds

under this subchapter are awarded.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 505, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1770.)

-MISC1-

PRIOR PROVISIONS

A prior section 505 of Pub. L. 89-329 was classified to section

1102d of this title prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 505 of Pub. L. 89-329 was classified to

section 1091d of this title prior to repeal by Pub. L. 94-482.

Prior sections 1102 to 1102j were omitted in the general

amendment of this subchapter by Pub. L. 105-244.

Section 1102, Pub. L. 89-329, title V, Sec. 501, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 655,

related to authority and allocation of funds and defined terms.

Another prior section 1102, Pub. L. 89-329, title V, Sec. 512,

Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90-35, Sec. 3(a)(3), (4), June

29, 1967, 81 Stat. 85; Pub. L. 92-318, title I, Sec. 142, June 23,

1972, 86 Stat. 286; Pub. L. 94-482, title I, Sec. 151(a)(5)(B),

Oct. 12, 1976, 90 Stat. 2152; Pub. L. 96-88, title III, Sec.

301(b)(2), title V, Sec. 508(l)(3), Oct. 17, 1979, 93 Stat. 677,

694; Pub. L. 96-374, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94

Stat. 1503, related to establishment and administration of program,

prior to repeal by Pub. L. 97-35, title V, Sec. 587(a)(2), Aug. 13,

1981, 95 Stat. 480, eff. Oct. 1, 1982.

Section 1102a, Pub. L. 89-329, title V, Sec. 502, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 656,

related to State applications for allotments.

Section 1102b, Pub. L. 89-329, title V, Sec. 503, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 658,

related to local applications and use of funds.

Section 1102c, Pub. L. 89-329, title V, Sec. 504, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 661,

related to State uses of funds.

Section 1102d, Pub. L. 89-329, title V, Sec. 505, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 663;

amended Pub. L. 103-208, Sec. 2(j)(1), Dec. 20, 1993, 107 Stat.

2480, related to State Academies for teachers.

Section 1102e, Pub. L. 89-329, title V, Sec. 506, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 666,

related to State Academies for school leaders.

Section 1102f, Pub. L. 89-329, title V, Sec. 507, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 669,

related to uses of funds by institutions of higher education.

Section 1102g, Pub. L. 89-329, title V, Sec. 508, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 670,

related to professional development academies.

Section 1102h, Pub. L. 89-329, title V, Sec. 509, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 673,

required that Federal funds supplement, not supplant, regular

non-Federal funds.

Section 1102i, Pub. L. 89-329, title V, Sec. 510, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 673,

related to coordination with other programs.

Section 1102j, Pub. L. 89-329, title V, Sec. 510A, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 674,

authorized appropriations for State and local programs for teacher

excellence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1103c of this title.

-CITE-

20 USC Part B - General Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

.

-HEAD-

Part B - General Provisions

-MISC1-

PRIOR PROVISIONS

A prior part B consisted of sections 1103 to 1103g and related to

National Teacher Academies prior to the general amendment of this

subchapter by Pub. L. 105-244.

-CITE-

20 USC Sec. 1103 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103. Eligibility; applications

-STATUTE-

(a) Institutional eligibility

Each Hispanic-serving institution desiring to receive assistance

under this subchapter shall submit to the Secretary such enrollment

data as may be necessary to demonstrate that the institution is a

Hispanic-serving institution as defined in section 1101a of this

title, along with such other data and information as the Secretary

may by regulation require.

(b) Applications

(1) Applications required

Any institution which is eligible for assistance under this

subchapter shall submit to the Secretary an application for

assistance at such time, in such form, and containing such

information, as may be necessary to enable the Secretary to

evaluate the institution's need for assistance. Subject to the

availability of appropriations to carry out this subchapter, the

Secretary may approve an application for a grant under this

subchapter only if the Secretary determines that -

(A) the application meets the requirements of subsection (b)

of this section; and

(B) the institution is eligible for assistance in accordance

with the provisions of this subchapter under which the

assistance is sought.

(2) Preliminary applications

In carrying out paragraph (1), the Secretary may develop a

preliminary application for use by Hispanic-serving institutions

applying under this subchapter prior to the submission of the

principal application.

(c) Contents

A Hispanic-serving institution, in the institution's application

for a grant, shall -

(1) set forth, or describe how the institution will develop, a

comprehensive development plan to strengthen the institution's

academic quality and institutional management, and otherwise

provide for institutional self-sufficiency and growth (including

measurable objectives for the institution and the Secretary to

use in monitoring the effectiveness of activities under this

subchapter);

(2) include a 5-year plan for improving the assistance provided

by the Hispanic-serving institution to Hispanic students and

other low-income individuals;

(3) set forth policies and procedures to ensure that Federal

funds made available under this subchapter for any fiscal year

will be used to supplement and, to the extent practical, increase

the funds that would otherwise be made available for the purposes

of section 1101(b) of this title, and in no case supplant those

funds;

(4) set forth policies and procedures for evaluating the

effectiveness in accomplishing the purpose of the activities for

which a grant is sought under this subchapter;

(5) provide for such fiscal control and fund accounting

procedures as may be necessary to ensure proper disbursement of

and accounting for funds made available to the institution under

this subchapter;

(6) provide that the institution will comply with the

limitations set forth in section 1103e of this title;

(7) describe in a comprehensive manner any proposed project for

which funds are sought under the application and include -

(A) a description of the various components of the proposed

project, including the estimated time required to complete each

such component;

(B) in the case of any development project that consists of

several components (as described by the institution pursuant to

subparagraph (A)), a statement identifying those components

which, if separately funded, would be sound investments of

Federal funds and those components which would be sound

investments of Federal funds only if funded under this

subchapter in conjunction with other parts of the development

project (as specified by the institution);

(C) an evaluation by the institution of the priority given

any proposed project for which funds are sought in relation to

any other projects for which funds are sought by the

institution under this subchapter, and a similar evaluation

regarding priorities among the components of any single

proposed project (as described by the institution pursuant to

subparagraph (A));

(D) a detailed budget showing the manner in which funds for

any proposed project would be spent by the institution; and

(E) a detailed description of any activity which involves the

expenditure of more than $25,000, as identified in the budget

referred to in subparagraph (D);

(8) provide for making reports, in such form and containing

such information, as the Secretary may require to carry out the

Secretary's functions under this subchapter, including not less

than one report annually setting forth the institution's progress

toward achieving the objectives for which the funds were awarded

and for keeping such records and affording such access to such

records, as the Secretary may find necessary to assure the

correctness and verification of such reports; and

(9) include such other information as the Secretary may

prescribe.

(d) Priority

With respect to applications for assistance under this section,

the Secretary shall give priority to an application that contains

satisfactory evidence that the Hispanic-serving institution has

entered into or will enter into a collaborative arrangement with at

least one local educational agency or community-based organization

to provide such agency or organization with assistance (from funds

other than funds provided under this subchapter) in reducing

dropout rates for Hispanic students, improving rates of academic

achievement for Hispanic students, and increasing the rates at

which Hispanic secondary school graduates enroll in higher

education.

(e) Eligibility data

The Secretary shall use the most recent and relevant data

concerning the number and percentage of students receiving

need-based assistance under subchapter IV of this chapter and part

C of subchapter I of chapter 34 of title 42 in making eligibility

determinations and shall advance the base-year for the

determinations forward following each annual grant cycle.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 511, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1770.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103, Pub. L. 89-329, title V, Sec. 511, as added

Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat.

674, established program of grants for National Teacher Academies,

prior to the general amendment of this subchapter by Pub. L.

105-244.

Another prior section 1103, Pub. L. 89-329, title V, Sec. 511, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1496, set forth statement of purpose for former part A of

this subchapter relating to midcareer teacher training for

nontraditional students, prior to the general amendment of this

subchapter by Pub. L. 102-325.

Another prior section 1103, Pub. L. 89-329, title V, Sec. 513,

Nov. 8, 1965, 79 Stat. 1256; Pub. L. 90-35, Sec. 3(a)(3), (c)-(f),

June 29, 1967, 81 Stat. 85, 86; Pub. L. 91-230, title VIII, Sec.

803, 804(c), (d), 805(b), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L.

93-380, title VIII, Sec. 835(a)(2), (3), Aug. 21, 1974, 88 Stat.

605; Pub. L. 94-482, title I, Sec. 151(a)(5)(C), 152(b)-(d), Oct.

12, 1976, 90 Stat. 2152, 2153; Pub. L. 96-374, title V, Sec.

502(a)-(d), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat.

1459, 1503, related to recruitment, enrollment, training, etc., of

members for program, prior to repeal by Pub. L. 97-35, title V,

Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480.

A prior section 511 of Pub. L. 89-329 was classified to section

1101 of this title prior to repeal by Pub. L. 97-35.

-CITE-

20 USC Sec. 1103a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103a. Waiver authority and reporting requirement

-STATUTE-

(a) Waiver requirements; need-based assistance students

The Secretary may waive the requirements set forth in section

1101a(a)(2)(A)(i) of this title in the case of an institution -

(1) that is extensively subsidized by the State in which the

institution is located and charges low or no tuition;

(2) that serves a substantial number of low-income students as

a percentage of the institution's total student population;

(3) that is contributing substantially to increasing higher

education opportunities for educationally disadvantaged,

underrepresented, or minority students, who are low-income

individuals;

(4) which is substantially increasing higher educational

opportunities for individuals in rural or other isolated areas

which are unserved by postsecondary institutions; or

(5) wherever located, if the Secretary determines that the

waiver will substantially increase higher education opportunities

appropriate to the needs of Hispanic Americans.

(b) Waiver determinations; expenditures

(1) Waiver determinations

The Secretary may waive the requirements set forth in section

1101a(a)(2)(A)(ii) of this title if the Secretary determines,

based on persuasive evidence submitted by the institution, that

the institution's failure to meet the requirements is due to

factors which, when used in the determination of compliance with

the requirements, distort such determination, and that the

institution's designation as an eligible institution under part A

of this subchapter is otherwise consistent with the purposes of

this subchapter.

(2) Expenditures

The Secretary shall submit to Congress every other year a

report concerning the institutions that, although not satisfying

the requirements of section 1101a(a)(2)(A)(ii) of this title,

have been determined to be eligible institutions under part A of

this subchapter. Such report shall -

(A) identify the factors referred to in paragraph (1) that

were considered by the Secretary as factors that distorted the

determination of compliance with clauses (i) and (ii) of

section 1101a(a)(2)(A) of this title; and

(B) contain a list of each institution determined to be an

eligible institution under part A of this subchapter including

a statement of the reasons for each such determination.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 512, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1772.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103a, Pub. L. 89-329, title V, Sec. 512, as

added Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106

Stat. 674, related to eligible recipients, prior to the general

amendment of this subchapter by Pub. L. 105-244.

Another prior section 1103a, Pub. L. 89-329, title V, Sec. 512,

as added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1496, related to selection procedures for grants to

institutions offering midcareer teacher training for nontraditional

students, prior to the general amendment of this subchapter by Pub.

L. 102-325.

A prior section 512 of Pub. L. 89-329 was classified to section

1102 of this title prior to repeal by Pub. L. 97-35.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1101a of this title.

-CITE-

20 USC Sec. 1103b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103b. Application review process

-STATUTE-

(a) Review panel

All applications submitted under this subchapter by

Hispanic-serving institutions shall be read by a panel of readers

composed of individuals who are selected by the Secretary and who

include individuals representing Hispanic-serving institutions.

The Secretary shall ensure that no individual assigned under this

section to review any application has any conflict of interest with

regard to the application that might impair the impartiality with

which the individual conducts the review under this section.

(b) Instruction

All readers selected by the Secretary shall receive thorough

instruction from the Secretary regarding the evaluation process for

applications submitted under this subchapter that are consistent

with the provisions of this subchapter, including -

(1) an enumeration of the factors to be used to determine the

quality of applications submitted under this subchapter; and

(2) an enumeration of the factors to be used to determine

whether a grant should be awarded for a project under this

subchapter, the amount of any such grant, and the duration of any

such grant.

(c) Recommendations of panel

In awarding grants under this subchapter, the Secretary shall

take into consideration the recommendations of the panel made under

subsection (a) of this section.

(d) Notification

Not later than June 30 of each year, the Secretary shall notify

each Hispanic-serving institution making an application under this

subchapter of -

(1) the scores given the institution by the panel pursuant to

this section;

(2) the recommendations of the panel with respect to such

application; and

(3) the reasons for the decision of the Secretary in awarding

or refusing to award a grant under this subchapter, and any

modifications, if any, in the recommendations of the panel made

by the Secretary.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 513, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1772.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103b, Pub. L. 89-329, title V, Sec. 513, as

added Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106

Stat. 674, related to use of funds, prior to the general amendment

of this subchapter by Pub. L. 105-244.

Another prior section 1103b, Pub. L. 89-329, title V, Sec. 513,

as added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1497, related to review of applications for grants, prior to

the general amendment of this subchapter by Pub. L. 102-325.

A prior section 513 of Pub. L. 89-329 was classified to section

1103 of this title prior to repeal by Pub. L. 97-35.

-CITE-

20 USC Sec. 1103c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103c. Cooperative arrangements

-STATUTE-

(a) General authority

The Secretary may make grants to encourage cooperative

arrangements with funds available to carry out this subchapter,

between Hispanic-serving institutions eligible for assistance under

this subchapter, and between such institutions and institutions not

receiving assistance under this subchapter, for the activities

described in section 1101b of this title so that the resources of

the cooperating institutions might be combined and shared in order

to achieve the purposes of this subchapter, to avoid costly

duplicative efforts, and to enhance the development of

Hispanic-serving institutions.

(b) Priority

The Secretary shall give priority to grants for the purposes

described under subsection (a) of this section whenever the

Secretary determines that the cooperative arrangement is

geographically and economically sound or will benefit the applicant

Hispanic-serving institution.

(c) Duration

Grants to Hispanic-serving institutions having a cooperative

arrangement may be made under this section for a period determined

under section 1101d of this title.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 514, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1773.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103c, Pub. L. 89-329, title V, Sec. 514, as

added Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106

Stat. 675, related to applications for grants, prior to the general

amendment of this subchapter by Pub. L. 105-244.

Another prior section 1103c, Pub. L. 89-329, title V, Sec. 514,

as added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1497, related to amount of grants to institutions offering

midcareer teacher training for nontraditional students, prior to

the general amendment of this subchapter by Pub. L. 102-325.

A prior section 514 of Pub. L. 89-329 was classified to section

1104 of this title prior to repeal by Pub. L. 97-35.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1101c of this title.

-CITE-

20 USC Sec. 1103d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103d. Assistance to institutions under other programs

-STATUTE-

(a) Assistance eligibility

Each Hispanic-serving institution that the Secretary determines

to be an institution eligible under this subchapter may be eligible

for waivers in accordance with subsection (b) of this section.

(b) Waiver applicability

(1) In general

Subject to, and in accordance with, regulations promulgated for

the purpose of this section, in the case of any application by a

Hispanic-serving institution referred to in subsection (a) of

this section for assistance under any programs specified in

paragraph (2), the Secretary is authorized, if such application

is otherwise approvable, to waive any requirement for a

non-Federal share of the cost of the program or project, or, to

the extent not inconsistent with other law, to give, or require

to be given, priority consideration of the application in

relation to applications from other institutions.

(2) Programs

The provisions of this section shall apply to any program

authorized by subchapter IV of this chapter and part C of

subchapter I of chapter 34 of title 42 or section 1124 of this

title.

(c) Limitation

The Secretary shall not waive, under subsection (b) of this

section, the non-Federal share requirement for any program for

applications which, if approved, would require the expenditure of

more than 10 percent of the appropriations for the program for any

fiscal year.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 515, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1773.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103d, Pub. L. 89-329, title V, Sec. 515, as

added Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106

Stat. 676, related to State delegations to National Teacher

Academies, prior to the general amendment of this subchapter by

Pub. L. 105-244.

Another prior section 1103d, Pub. L. 89-329, title V, Sec. 515,

as added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1497, required reports to Secretary from institutions

receiving grants, prior to the general amendment of this subchapter

by Pub. L. 102-325.

A prior section 515 of Pub. L. 89-329 was classified to section

1105 of this title prior to repeal by Pub. L. 97-35.

-CITE-

20 USC Sec. 1103e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103e. Limitations

-STATUTE-

The funds appropriated under section 1103g of this title may not

be used -

(1) for a school or department of divinity or any religious

worship or sectarian activity;

(2) for an activity that is inconsistent with a State plan for

desegregation of higher education applicable to a

Hispanic-serving institution;

(3) for an activity that is inconsistent with a State plan of

higher education applicable to a Hispanic-serving institution; or

(4) for purposes other than the purposes set forth in the

approved application under which the funds were made available to

a Hispanic-serving institution.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 516, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1774.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103e, Pub. L. 89-329, title V, Sec. 516, as

added Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106

Stat. 676, related to selection of participants in National Teacher

Academies, prior to the general amendment of this subchapter by

Pub. L. 105-244.

A prior section 516 of Pub. L. 89-329 was classified to section

1106 of this title prior to repeal by Pub. L. 97-35.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1103 of this title.

-CITE-

20 USC Sec. 1103f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103f. Penalties

-STATUTE-

Whoever, being an officer, director, agent, or employee of, or

connected in any capacity with, any recipient of Federal financial

assistance or grant pursuant to this subchapter embezzles,

willfully misapplies, steals, or obtains by fraud any of the funds

that are the subject of such grant or assistance, shall be fined

not more than $10,000 or imprisoned for not more than 2 years, or

both.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 517, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1774.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103f, Pub. L. 89-329, title V, Sec. 517, as

added Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106

Stat. 677, related to evaluation of system of National Teacher

Academies, prior to the general amendment of this subchapter by

Pub. L. 105-244.

A prior section 517 of Pub. L. 89-329 was classified to section

1107 of this title prior to repeal by Pub. L. 97-35.

-CITE-

20 USC Sec. 1103g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER V - DEVELOPING INSTITUTIONS

Part B - General Provisions

-HEAD-

Sec. 1103g. Authorizations of appropriations

-STATUTE-

(a) Authorizations

There are authorized to be appropriated to carry out this

subchapter $62,500,000 for fiscal year 1999 and such sums as may be

necessary for each of the 4 succeeding fiscal years.

(b) Use of multiple year awards

In the event of a multiple year award to any Hispanic-serving

institution under this subchapter, the Secretary shall make funds

available for such award from funds appropriated for this

subchapter for the fiscal year in which such funds are to be used

by the institution.

-SOURCE-

(Pub. L. 89-329, title V, Sec. 518, as added Pub. L. 105-244, title

V, Sec. 501, Oct. 7, 1998, 112 Stat. 1774.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103g, Pub. L. 89-329, title V, Sec. 518, as

added Pub. L. 102-325, title V, Sec. 501(a), July 23, 1992, 106

Stat. 677, authorized appropriations for National Teacher Academies

program, prior to the general amendment of this subchapter by Pub.

L. 105-244.

A prior section 518 of Pub. L. 89-329 was classified to section

1108 of this title prior to repeal by Pub. L. 94-482.

Prior sections 1104 to 1104k, 1105 to 1105i, 1106 to 1106g, and

1107 were omitted in the general amendment of this subchapter by

Pub. L. 105-244.

Section 1104, Pub. L. 89-329, title V, Sec. 521, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 677,

related to purpose of Paul Douglas Teacher Scholarship program and

provided that scholarships be referred to as ''Paul Douglas Teacher

Scholarships''.

A prior section 1104, Pub. L. 89-329, title V, Sec. 514, Nov. 8,

1965, 79 Stat. 1257; Pub. L. 90-35, Sec. 3(a)(3), (g)(1), June 29,

1967, 81 Stat. 85, 86; Pub. L. 90-575, title II, Sec. 232, Oct. 16,

1968, 82 Stat. 1039; Pub. L. 91-230, title VIII, Sec. 804(e),

805(c), Apr. 13, 1970, 84 Stat. 191, 192; Pub. L. 93-380, title

VIII, Sec. 835(a)(4), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94-482,

title I, Sec. 152(e), Oct. 12, 1976, 90 Stat. 2153; Pub. L. 96-374,

title V, Sec. 502(e), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94

Stat. 1459, 1503, set forth provisions respecting compensation of

program members, prior to repeal by Pub. L. 97-35, title V, Sec.

587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982.

Section 1104a, Pub. L. 89-329, title V, Sec. 522, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 677,

related to allocation among States.

Section 1104b, Pub. L. 89-329, title V, Sec. 523, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 678,

related to State applications for grants.

Section 1104c, Pub. L. 89-329, title V, Sec. 524, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 680,

related to amount and duration of scholarships and relation to

other assistance.

Section 1104d, Pub. L. 89-329, title V, Sec. 525, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 680;

amended Pub. L. 103-208, Sec. 2(j)(2), Dec. 20, 1993, 107 Stat.

2480, related to selection of Paul Douglas Teacher Scholars.

Section 1104e, Pub. L. 89-329, title V, Sec. 526, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 681,

related to scholarship conditions.

Section 1104f, Pub. L. 89-329, title V, Sec. 527, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 681,

related to scholarship repayment provisions.

Section 1104g, Pub. L. 89-329, title V, Sec. 528, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 681,

related to exceptions to repayment provisions.

Section 1104h, Pub. L. 89-329, title V, Sec. 529, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 682,

related to Federal administration of State programs and judicial

review.

Section 1104i, Pub. L. 89-329, title V, Sec. 530, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 682,

related to evaluation of scholarship recipients.

Section 1104j, Pub. L. 89-329, title V, Sec. 530A, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 683;

amended Pub. L. 103-208, Sec. 2(j)(3), Dec. 20, 1993, 107 Stat.

2481, related to designation of shortage areas.

Section 1104k, Pub. L. 89-329, title V, Sec. 530B, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 683,

authorized appropriations for Paul Douglas Teacher Scholarship

program.

Section 1105, Pub. L. 89-329, title V, Sec. 531, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 684,

related to purpose of Christa McAuliffe fellowship program and

provided that fellowship recipients be known as ''Christa McAuliffe

fellows''.

A prior section 1105, Pub. L. 89-329, title V, Sec. 521, as added

Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat.

1498, provided that the purpose of former part B of this subchapter

was to encourage partnerships between institutions of higher

education and secondary schools serving low-income students, prior

to the general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1105, Pub. L. 89-329, title V, Sec. 515,

Nov. 8, 1965, 79 Stat. 1257; Pub. L. 90-35, Sec. 3(h), June 29,

1967, 81 Stat. 87; Pub. L. 90-83, Sec. 10(b), Sept. 11, 1967, 81

Stat. 223, related to applicability of other provisions of laws to

members of the Teacher Corps, prior to repeal by Pub. L. 97-35,

title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1,

1982.

Section 1105a, Pub. L. 89-329, title V, Sec. 532, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 684,

authorized grants to State education agencies for Christa McAuliffe

fellowship program.

A prior section 1105a, Pub. L. 89-329, title V, Sec. 522, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1498, related to partnership agreements between institutions

of higher education and secondary schools serving low-income

students, prior to the general amendment of this subchapter by Pub.

L. 102-325.

Section 1105b, Pub. L. 89-329, title V, Sec. 533, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 684,

related to award and use of Christa McAuliffe fellowships.

A prior section 1105b, Pub. L. 89-329, title V, Sec. 523, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1498, related to grants to encourage partnerships between

institutions of higher education and secondary schools serving

low-income students, prior to the general amendment of this

subchapter by Pub. L. 102-325.

Section 1105c, Pub. L. 89-329, title V, Sec. 534, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 685,

related to selection of Christa McAuliffe fellows.

A prior section 1105c, Pub. L. 89-329, title V, Sec. 524, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1499, related to application for grants to encourage the

partnership between institutions of higher education and secondary

schools serving low-income students, prior to the general amendment

of this subchapter by Pub. L. 102-325.

Section 1105d, Pub. L. 89-329, title V, Sec. 535, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 685;

amended Pub. L. 103-208, Sec. 2(j)(4), Dec. 20, 1993, 107 Stat.

2481, related to evaluation of applications.

A prior section 1105d, Pub. L. 89-329, title V, Sec. 525, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1499, related to the community college pilot project, prior

to the general amendment of this subchapter by Pub. L. 102-325.

Section 1105e, Pub. L. 89-329, title V, Sec. 536, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 686,

related to fellowship repayment provisions.

Section 1105f, Pub. L. 89-329, title V, Sec. 537, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 686;

amended Pub. L. 103-208, Sec. 2(j)(5), Dec. 20, 1993, 107 Stat.

2481, related to Secretary's responsibilities.

Section 1105g, Pub. L. 89-329, title V, Sec. 538, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 686,

related to State applications for grants.

Section 1105h, Pub. L. 89-329, title V, Sec. 539, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 687,

related to evaluation of Christa McAuliffe fellows and their

impact.

Section 1105i, Pub. L. 89-329, title V, Sec. 540, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 687,

authorized appropriations to carry out Christa McAuliffe fellowship

program.

Section 1106, Pub. L. 89-329, title V, Sec. 541, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 687,

authorized Teacher Corps program.

A prior section 1106, Pub. L. 89-329, title V, Sec. 516, Nov. 8,

1965, 79 Stat. 1258, related to supervision and control of members

by local educational agencies, prior to repeal by Pub. L. 97-35,

title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1,

1982.

Section 1106a, Pub. L. 89-329, title V, Sec. 542, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 688,

related to use of funds.

Section 1106b, Pub. L. 89-329, title V, Sec. 543, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 689,

related to selection of Teacher Corps members.

Section 1106c, Pub. L. 89-329, title V, Sec. 544, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 690,

related to State applications for funds.

Section 1106d, Pub. L. 89-329, title V, Sec. 545, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 690;

amended Pub. L. 103-208, Sec. 2(j)(6), Dec. 20, 1993, 107 Stat.

2481, related to Teacher Corps scholarships.

Section 1106e, Pub. L. 89-329, title V, Sec. 546, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 691,

related to scholarship conditions.

Section 1106f, Pub. L. 89-329, title V, Sec. 547, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 693,

related to publication and recruitment.

Section 1106g, Pub. L. 89-329, title V, Sec. 548, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 693,

authorized appropriations for Teacher Corps program.

Section 1107, Pub. L. 89-329, title V, Sec. 551, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 693;

amended Pub. L. 103-227, title X, Sec. 1013, Mar. 31, 1994, 108

Stat. 265, related to National Board for Professional Teaching

Standards.

A prior section 1107, Pub. L. 89-329, title V, Sec. 531, as added

Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat.

1500, related to purpose and authority for professional development

resource centers program, prior to the general amendment of this

subchapter by Pub. L. 102-325.

Another prior section 1107, Pub. L. 89-329, title V, Sec. 517,

Nov. 8, 1965, 79 Stat. 1258; Pub. L. 90-35, Sec. 3(a)(3), June 29,

1967, 81 Stat. 85, prohibited members of the Teacher Corps from

acting as replacements for teachers, prior to repeal by Pub. L.

97-35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff.

Oct. 1, 1982.

Prior sections 1107a to 1107d were omitted in the general

amendment of this subchapter by Pub. L. 102-325.

Section 1107a, Pub. L. 89-329, title V, Sec. 532, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1501,

related to geographical distribution of grants to establish and

operate professional development resource centers.

Another prior section 1107a, Pub. L. 89-329, title V, Sec. 517A,

as added Pub. L. 90-35, Sec. 3(i), June 29, 1967, 81 Stat. 87,

related to teaching children of migratory agricultural workers,

prior to repeal by Pub. L. 97-35, title V, Sec. 587(a)(2), Aug. 13,

1981, 95 Stat. 480, eff. Oct. 1, 1982.

Section 1107b, Pub. L. 89-329, title V, Sec. 533, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1501,

related to grant requirements for professional development resource

centers.

Section 1107c, Pub. L. 89-329, title V, Sec. 534, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1502,

related to requirement for professional development policy boards.

Section 1107d, Pub. L. 89-329, title V, Sec. 535, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1502,

related to submission and approval of applications for grants to

establish and operate professional development resource centers.

Prior sections 1108 to 1108g were repealed by Pub. L. 102-325,

title V, Sec. 501(b), July 23, 1992, 106 Stat. 719, effective July

1, 1995.

Section 1108, Pub. L. 89-329, title V, Sec. 552, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 698,

provided that subpart 2 of former part D of this subchapter could

be cited as the ''Alternative Routes to Teacher Certification and

Licensure Act of 1992''.

A prior section 1108, Pub. L. 89-329, title V, Sec. 518, as added

Pub. L. 90-35, Sec. 4, June 29, 1967, 81 Stat. 87; amended Pub. L.

90-575, title II, Sec. 231(a), 233(a), Oct. 16, 1968, 82 Stat.

1039; Pub. L. 92-318, title I, Sec. 141(a)(1)(B), (c)(1)(D),

(2)(A), 143(a)(1), June 23, 1972, 86 Stat. 284-286, authorized a

program for making grants to States to alleviate teacher shortages,

prior to repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(A), Oct.

12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976.

Section 1108a, Pub. L. 89-329, title V, Sec. 553, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 698,

provided congressional findings concerning alternative teacher

certification and licensure.

Section 1108b, Pub. L. 89-329, title V, Sec. 554, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 698,

stated purpose of subpart 2 of former part D of this subchapter.

Section 1108c, Pub. L. 89-329, title V, Sec. 555, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 699,

provided for allotments of funds to States.

Section 1108d, Pub. L. 89-329, title V, Sec. 556, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 699;

amended Pub. L. 103-382, title II, Sec. 261(i)(2), Oct. 20, 1994,

108 Stat. 3929, related to State applications for grants under

subpart 2 of former part D of this subchapter.

Section 1108e, Pub. L. 89-329, title V, Sec. 557, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700,

outlined permissible uses of funds.

Section 1108f, Pub. L. 89-329, title V, Sec. 558, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700,

defined ''State'' for purposes of subpart 2 of former part D of

this subchapter.

Section 1108g, Pub. L. 89-329, title V, Sec. 559, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700,

authorized appropriations for fiscal year 1993 to carry out subpart

2 of former part D of this subchapter.

Prior sections 1109 to 1109e, 1110 to 1110e, 1111 to 1111h, 1112

to 1112e, and 1113 were omitted in the general amendment of this

subchapter by Pub. L. 105-244.

Section 1109, Pub. L. 89-329, title V, Sec. 561, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700, set

forth purpose of class size demonstration grant program.

A prior section 1109, Pub. L. 89-329, title V, Sec. 541, as added

Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat.

1503; amended Pub. L. 100-50, Sec. 16(1), June 3, 1987, 101 Stat.

358; Pub. L. 101-226, Sec. 20, Dec. 12, 1989, 103 Stat. 1936,

related to purpose of, and regulations under, leadership in

educational administration development program, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1109, Pub. L. 89-329, title V, Sec. 519, as

added Pub. L. 90-35, Sec. 4, June 29, 1967, 81 Stat. 88; amended

Pub. L. 90-575, title II, Sec. 234(a), Oct. 16, 1968, 82 Stat.

1039; Pub. L. 92-318, title I, Sec. 141(c)(2)(B), June 23, 1972, 86

Stat. 285, authorized allotments and reallotments to States, etc.,

for grants for implementation of program and set forth criteria for

determination of amounts, prior to repeal by Pub. L. 94-482, title

I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30,

1976.

Section 1109a, Pub. L. 89-329, title V, Sec. 562, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700,

authorized program of grants for demonstration projects that

demonstrate methods of reducing class size.

A prior section 1109a, Pub. L. 89-329, title V, Sec. 542, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1504; amended Pub. L. 100-50, Sec. 16(2), June 3, 1987, 101

Stat. 358, related to allocation of appropriations for leadership

in educational administration development program, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Section 1109b, Pub. L. 89-329, title V, Sec. 563, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 701,

related to program requirements.

A prior section 1109b, Pub. L. 89-329, title V, Sec. 543, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1504; amended Pub. L. 100-50, Sec. 16(3), June 3, 1987, 101

Stat. 358, related to technical assistance centers under leadership

in educational administration development program, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Section 1109c, Pub. L. 89-329, title V, Sec. 564, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 701,

related to applications for grants.

A prior section 1109c, Pub. L. 89-329, title V, Sec. 544, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1505; amended Pub. L. 100-50, Sec. 16(4), June 3, 1987, 101

Stat. 359, related to general criteria for grants under leadership

in educational administration development program, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Section 1109d, Pub. L. 89-329, title V, Sec. 565, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 702,

related to evaluation of demonstration projects and dissemination

of information.

A prior section 1109d, Pub. L. 89-329, title V, Sec. 545, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1505; amended Pub. L. 100-50, Sec. 16(5), June 3, 1987, 101

Stat. 359, defined terms for purposes of leadership in educational

administration development program, prior to the general amendment

of this subchapter by Pub. L. 102-325.

Section 1109e, Pub. L. 89-329, title V, Sec. 565A, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 702,

authorized appropriations for class size demonstration grant

program.

Section 1110, Pub. L. 89-329, title V, Sec. 566, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703, stated

purpose of middle school teaching demonstration grant program.

A prior section 1110, Pub. L. 89-329, title V, Sec. 520, as added

Pub. L. 90-35, Sec. 4, June 29, 1967, 81 Stat. 88; amended Pub. L.

90-575, title II, Sec. 233(b), Oct. 16, 1968, 82 Stat. 1039; Pub.

L. 92-318, title I, Sec. 143(a)(2), (3), 144(a), 145(a), 146(a),

June 23, 1972, 86 Stat. 286, 287, set forth requirements for State

plans as prerequisite for receipt of grant by State, prior to

repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(A), Oct. 12,

1976, 90 Stat. 2152, eff. Sept. 30, 1976.

Section 1110a, Pub. L. 89-329, title V, Sec. 567, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703,

defined ''developmentally appropriate'' and ''middle school''.

A prior section 1110a, Pub. L. 89-329, title V, Sec. 520A, as

added Pub. L. 90-35, Sec. 4, June 29, 1967, 81 Stat. 89, set forth

manner of repayment of amounts expended by each State for

implementation of State plan, prior to repeal by Pub. L. 94-482,

title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff.

Sept. 30, 1976.

Section 1110b, Pub. L. 89-329, title V, Sec. 568, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703,

authorized program of grants for development of model programs with

specialized focus on teaching grades 6 through 9.

A prior section 1110b, Pub. L. 89-329, title V, Sec. 520B, as

added Pub. L. 90-35, Sec. 4, June 29, 1967, 81 Stat. 89, set forth

requirements for disapproval of State plans by Commissioner, prior

to repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(A), Oct. 12,

1976, 90 Stat. 2152, eff. Sept. 30, 1976.

Section 1110c, Pub. L. 89-329, title V, Sec. 569, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703,

related to applications for grants.

A prior section 1110c, Pub. L. 89-329, title V, Sec. 520C, as

added Pub. L. 90-35, Sec. 4, June 29, 1967, 81 Stat. 90, set forth

procedure for judicial review of determinations of Commissioner

with respect to State plan, prior to repeal by Pub. L. 94-482,

title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff.

Sept. 30, 1976.

Section 1110d, Pub. L. 89-329, title V, Sec. 570, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704,

related to submission of reports and other information by grant

recipients.

Section 1110e, Pub. L. 89-329, title V, Sec. 570A, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704,

authorized appropriations for middle school teaching demonstration

grant program.

Section 1111, Pub. L. 89-329, title V, Sec. 571, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704, stated

purpose of new teaching careers grant program.

A prior section 1111, Pub. L. 89-329, title V, Sec. 551, as added

Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat.

1506; amended Pub. L. 100-50, Sec. 17(a), June 3, 1987, 101 Stat.

359, set forth purpose of Congressional teacher scholarship

program, prior to the general amendment of this subchapter by Pub.

L. 102-325.

Another prior section 1111, Pub. L. 89-329, title V, Sec. 521,

Nov. 8, 1965, 79 Stat. 1258; Pub. L. 90-35, Sec. 5(b), June 29,

1967, 81 Stat. 90; Pub. L. 90-247, title VII, Sec. 704(a), Jan. 2,

1968, 81 Stat. 820; Pub. L. 90-575, title II, Sec. 235, Oct. 16,

1968, 82 Stat. 1040; Pub. L. 91-230, title VIII, Sec. 806(a), Apr.

13, 1970, 84 Stat. 192; Pub. L. 92-318, title I, Sec. 146A, June

23, 1972, 86 Stat. 287, set forth Congressional declaration of

policy and statement of purpose, and definitions for fellowship

program for teachers and related educational personnel, prior to

repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(A), Oct. 12,

1976, 90 Stat. 2152, eff. Sept. 30, 1976.

Section 1111a, Pub. L. 89-329, title V, Sec. 572, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704;

amended Pub. L. 103-382, title III, Sec. 391(e)(5), Oct. 20, 1994,

108 Stat. 4022, authorized grants to States.

A prior section 1111a, Pub. L. 89-329, title V, Sec. 552, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1506, related to allocation of funds among the States for

Congressional teacher scholarships, prior to the general amendment

of this subchapter by Pub. L. 102-325.

Section 1111b, Pub. L. 89-329, title V, Sec. 573, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 705,

related to agreements with grant recipients.

A prior section 1111b, Pub. L. 89-329, title V, Sec. 553, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1506; amended Pub. L. 100-50, Sec. 17(b), June 3, 1987, 101

Stat. 359, related to grant applications for Congressional teacher

scholarships, prior to the general amendment of this subchapter by

Pub. L. 102-325.

Section 1111c, Pub. L. 89-329, title V, Sec. 574, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 705,

related to applications for grants.

A prior section 1111c, Pub. L. 89-329, title V, Sec. 554, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1508, related to amount and duration of assistance under

Congressional teacher fellowships and relationship of such

assistance to other assistance, prior to the general amendment of

this subchapter by Pub. L. 102-325.

Section 1111d, Pub. L. 89-329, title V, Sec. 575, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 706,

related to requirements of recipients of student financial

assistance under programs.

A prior section 1111d, Pub. L. 89-329, title V, Sec. 555, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1508, related to the selection of Congressional teacher

scholars, prior to the general amendment of this subchapter by Pub.

L. 102-325.

Section 1111e, Pub. L. 89-329, title V, Sec. 576, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 707,

related to special considerations in awarding grants.

A prior section 1111e, Pub. L. 89-329, title V, Sec. 556, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1509, related to conditions for Congressional teacher

scholarships, prior to the general amendment of this subchapter by

Pub. L. 102-325.

Section 1111f, Pub. L. 89-329, title V, Sec. 576A, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 707,

related to use of funds by grant recipients.

A prior section 1111f, Pub. L. 89-329, title V, Sec. 557, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1509; amended Pub. L. 100-50, Sec. 17(c), June 3, 1987, 101

Stat. 359, related to Congressional teacher scholarship repayment

provisions, prior to the general amendment of this subchapter by

Pub. L. 102-325.

Section 1111g, Pub. L. 89-329, title V, Sec. 576B, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 707,

defined terms.

A prior section 1111g, Pub. L. 89-329, title V, Sec. 558, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1509; amended Pub. L. 100-50, Sec. 17(d), June 3, 1987, 101

Stat. 359, related to exceptions to Congressional teacher

scholarship repayment provisions, prior to the general amendment of

this subchapter by Pub. L. 102-325.

Section 1111h, Pub. L. 89-329, title V, Sec. 576C, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708,

authorized appropriations for new teaching careers grant program.

A prior section 1111h, Pub. L. 89-329, title V, Sec. 559, as

added Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100

Stat. 1510, related to Federal administration of State programs and

judicial review of Congressional teacher scholarship programs,

prior to the general of this subchapter by Pub. L. 102-325.

Section 1112, Pub. L. 89-329, title V, Sec. 577, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708, stated

purpose of grant program to encourage minority students to become

teachers.

A prior section 1112, Pub. L. 89-329, title V, Sec. 522, Nov. 8,

1965, 79 Stat. 1258; Pub. L. 90-35, Sec. 5(c), June 29, 1967, 81

Stat. 91; Pub. L. 90-247, title VII, Sec. 704(b), Jan. 2, 1968, 81

Stat. 820, authorized Commissioner to award fellowships for

graduate study by teaching personnel, prior to repeal by Pub. L.

94-482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152,

eff. Sept. 30, 1976.

Section 1112a, Pub. L. 89-329, title V, Sec. 578, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708,

authorized grants for partnerships.

Section 1112b, Pub. L. 89-329, title V, Sec. 579, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708,

related to partnership agreements.

Section 1112c, Pub. L. 89-329, title V, Sec. 580, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 709,

related to applications for teacher partnership program grants.

Section 1112d, Pub. L. 89-329, title V, Sec. 580A, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 710,

authorized grants for teacher training and placement programs.

Section 1112e, Pub. L. 89-329, title V, Sec. 580B, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 710;

amended Pub. L. 103-208, Sec. 2(j)(7), Dec. 20, 1993, 107 Stat.

2481, authorized appropriations for programs under sections 1112a

and 1112d of this title.

Section 1113, Pub. L. 89-329, title V, Sec. 581, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 711;

amended Pub. L. 103-208, Sec. 2(j)(8), Dec. 20, 1993, 107 Stat.

2481; Pub. L. 103-382, title III, Sec. 391(e)(6), (7), Oct. 20,

1994, 108 Stat. 4022, 4023, authorized grants for partnerships to

carry out National Mini Corps Program.

A prior section 1113, Pub. L. 89-329, title V, Sec. 561, as added

Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat.

1510, related to purpose of Christa McAuliffe fellowship program

and to designation of fellowships under such program, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1113, Pub. L. 89-329, title V, Sec. 523,

Nov. 8, 1965, 79 Stat. 1259; Pub. L. 90-35, Sec. 5(d), June 29,

1967, 81 Stat. 91; Pub. L. 90-575, title II, Sec. 236, Oct. 16,

1968, 82 Stat. 1040, required allocation of fellowships to

institutions with approved programs and set forth criteria for

approval of programs, prior to repeal by Pub. L. 94-482, title I,

Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30,

1976.

Prior sections 1113a to 1113e were omitted in the general

amendment of this subchapter by Pub. L. 102-325.

Section 1113a, Pub. L. 89-329, title V, Sec. 562, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511,

related to use of funds for Christa McAuliffe fellowship program.

Section 1113b, Pub. L. 89-329, title V, Sec. 563, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511,

related to award, distribution, and use of Christa McAuliffe

fellowships.

Section 1113c, Pub. L. 89-329, title V, Sec. 564, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511,

related to selection of Christa McAuliffe teacher fellowships.

Section 1113d, Pub. L. 89-329, title V, Sec. 565, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511,

related to evaluation of applications for Christa McAuliffe

fellowships.

Section 1113e, Pub. L. 89-329, title V, Sec. 566, as added Pub.

L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1512,

related to repayment of Christa McAuliffe fellowships.

Prior sections 1114, 1114a, 1115, 1116, and 1117 to 1117c were

omitted in the general amendment of this subchapter by Pub. L.

105-244.

Section 1114, Pub. L. 89-329, title V, Sec. 586, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 712;

amended Pub. L. 103-382, title III, Sec. 391(e)(8), (9), Oct. 20,

1994, 108 Stat. 4023, authorized demonstration grants for critical

language and area studies.

A prior section 1114, Pub. L. 89-329, title V, Sec. 524, Nov. 8,

1965, 79 Stat. 1259; Pub. L. 90-35, Sec. 5(e), June 29, 1967, 81

Stat. 91; Pub. L. 90-575, title II, Sec. 237, Oct. 16, 1968, 82

Stat. 1040, set forth prerequisites for approval of graduate

programs to develop and strengthen training of educational

personnel, prior to repeal by Pub. L. 94-482, title I, Sec.

151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976.

Section 1114a, Pub. L. 89-329, title V, Sec. 587, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 714,

related to development of foreign language and culture

instructional materials.

Section 1115, Pub. L. 89-329, title V, Sec. 591, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 714,

authorized grants for development of model programs for educational

excellence, teacher training, and educational reform.

A prior section 1115, Pub. L. 89-329, title V, Sec. 571, as added

Pub. L. 99-498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat.

1512, related to State task forces on teacher training, prior to

the general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1115, Pub. L. 89-329, title V, Sec. 525,

Nov. 8, 1965, 79 Stat. 1260; Pub. L. 90-35, Sec. 5(f), June 29,

1967, 81 Stat. 91; Pub. L. 90-575, title II, Sec. 238, Oct. 16,

1968, 82 Stat. 1040; Pub. L. 92-318, title I, Sec. 141(c)(3), June

23, 1972, 86 Stat. 285, authorized Commissioner to pay stipends to

individuals awarded fellowships and additional amounts to

institutions of higher education for support of programs, prior to

repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(A), Oct. 12,

1976, 90 Stat. 2152, eff. Sept. 30, 1976.

Section 1116, Pub. L. 89-329, title V, Sec. 593, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 715,

authorized grants for development of model programs of development

and training of faculty who teach students with disabilities.

A prior section 1116, Pub. L. 89-329, title V, Sec. 526, Nov. 8,

1965, 79 Stat. 1260; Pub. L. 92-318, title I, Sec. 131(d)(2)(C),

June 23, 1972, 86 Stat. 260, prohibited award of fellowships for

study at divinity school or department, prior to repeal by Pub. L.

94-482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152,

eff. Sept. 30, 1976.

Section 1117, Pub. L. 89-329, title V, Sec. 596, as added Pub. L.

102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 716,

authorized grants for programs to recruit and train students for

careers in early childhood education and violence counseling.

A prior section 1117, Pub. L. 89-329, title V, Sec. 527, Nov. 8,

1965, 79 Stat. 1260, set forth conditions imposed upon fellowship

recipient, prior to repeal by Pub. L. 94-482, title I, Sec.

151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976.

Section 1117a, Pub. L. 89-329, title V, Sec. 597, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 717;

amended Pub. L. 103-208, Sec. 2(j)(9), Dec. 20, 1993, 107 Stat.

2481, authorized grants for early childhood staff training and

professional enhancement.

Section 1117b, Pub. L. 89-329, title V, Sec. 598, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 719,

required reports by grant recipients.

Section 1117c, Pub. L. 89-329, title V, Sec. 599, as added Pub.

L. 102-325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 719,

authorized appropriations for activities described in sections 1117

and 1117a of this title.

A prior section 1118, Pub. L. 89-329, title V, Sec. 528, Nov. 8,

1965, 79 Stat. 1260; Pub. L. 90-35, Sec. 5(g), June 29, 1967, 81

Stat. 91; Pub. L. 90-247, title VII, Sec. 704(c)(1), Jan. 2, 1968,

81 Stat. 820; Pub. L. 90-575, title II, Sec. 231(a), (b)(2), Oct.

16, 1968, 82 Stat. 1039; Pub. L. 92-318, title I, Sec.

141(a)(1)(B), June 23, 1972, 86 Stat. 284, authorized

appropriations for fiscal years 1966 to 1974 to enable persons who

were awarded fellowships prior to July 1, 1972, to complete their

study under fellowships, prior to repeal by Pub. L. 92-318, title

I, Sec. 141(c)(1)(E), June 23, 1972, 86 Stat. 285, eff. on and

after July 1, 1972.

Prior sections 1119 to 1119e-5 provided for teacher training

programs, training for elementary and secondary school teachers to

teach handicapped children in areas with a shortage, coordination

of education professional development, Carl D. Perkins Scholarship

program, and National Talented Teacher Fellowship program, prior to

the general amendment of this subchapter by Pub. L. 99-498.

Section 1119 Pub. L. 89-329, title V, Sec. 531, as added Pub. L.

94-482, title I, Sec. 153, formerly Sec. 153(a), Oct. 12, 1976, 90

Stat. 2154, renumbered Pub. L. 95-43, Sec. 1(b)(5), June 15, 1977,

91 Stat. 218; amended Pub. L. 95-561, title XIII, Sec. 1321(a),

Nov. 1, 1978, 92 Stat. 2362; Pub. L. 96-49, Sec. 6(b), Aug. 13,

1979, 93 Stat. 353; Pub. L. 96-374, title V, Sec. 501(b), 503(a),

Oct. 3, 1980, 94 Stat. 1459, authorized appropriations for fiscal

years 1981 to 1985 to carry out teacher training programs.

Another prior section 1119, Pub. L. 89-329, title V, Sec. 531, as

added Pub. L. 90-35, Sec. 6, June 29, 1967, 81 Stat. 91; amended

Pub. L. 90-247, title VII, Sec. 704(d), Jan. 2, 1968, 81 Stat. 820;

Pub. L. 92-318, title I, Sec. 147(a), 148(a), June 23, 1972, 86

Stat. 287, authorized training and retraining programs for

education personnel other than higher education personnel, prior to

repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(A), Oct. 12,

1976, 90 Stat. 2152, effective Sept. 30, 1976.

Section 1119a, Pub. L. 89-329, title V, Sec. 532, as added Pub.

L. 94-482, title I, Sec. 153, formerly Sec. 153(a), Oct. 12, 1976,

90 Stat. 2154, renumbered Pub. L. 95-43, Sec. 1(b)(5), June 15,

1977, 91 Stat. 218; amended Pub. L. 95-561, title XIII, Sec.

1321(b), Nov. 1, 1978, 92 Stat. 2363; Pub. L. 96-374, title V, Sec.

503(b), (c), title XIII, Sec. 1391(a)(1), (2), Oct. 3, 1980, 94

Stat. 1459, 1460, 1503, related to grants, functions, etc., of

teacher centers, prior to repeal by Pub. L. 97-35, title V, Sec.

587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982.

Another prior section 1119a, Pub. L. 89-329, title V, Sec. 532,

as added Pub. L. 92-318, title IV, Sec. 451(b), June 23, 1972, 86

Stat. 344, authorized teachers for Indian children as part of the

training and retraining program, prior to repeal by Pub. L. 94-482,

title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, effective

Sept. 30, 1976.

Another prior section 1119a, Pub. L. 89-329, title V, Sec. 532,

as added Pub. L. 90-35, Sec. 6, June 29, 1967, 81 Stat. 92; amended

Pub. L. 90-575, title II, Sec. 231(a), Oct. 16, 1968, 82 Stat.

1039; Pub. L. 92-318, title I, Sec. 141(a)(1)(B), June 23, 1972, 86

Stat. 284, authorized appropriations for fiscal years 1969 to 1972,

prior to repeal by section 141(c)(1)(F) of Pub. L. 92-318,

effective on and after July 1, 1972.

Section 1119a-1, Pub. L. 89-329, title V, Sec. 533, as added Pub.

L. 94-482, title I, Sec. 153, Oct. 12, 1976, 90 Stat. 2155; amended

Pub. L. 95-43, Sec. 1(a)(42), (b)(5), June 15, 1977, 91 Stat. 217,

218; Pub. L. 96-374, title V, Sec. 504, Oct. 3, 1980, 94 Stat.

1460; Pub. L. 97-300, title I, Sec. 183, Oct. 13, 1982, 96 Stat.

1357, related to grants for training higher education personnel.

Another prior section 1119a-1, Pub. L. 89-329, title V, Sec. 533,

as added Pub. L. 90-575, title II, Sec. 239, Oct. 16, 1968, 82

Stat. 1040, required an equitable distribution with respect to

geography for training programs, prior to repeal by Pub. L. 94-482,

title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, effective

Sept. 30, 1976.

Section 1119b, Pub. L. 89-329, title V, Sec. 541, as added Pub.

L. 96-374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1461,

authorized grants to State educational agencies to train teachers

for handicapped children.

Another prior section 1119b, Pub. L. 89-329, title V, Sec. 541,

as added Pub. L. 90-35, Sec. 6, June 29, 1967, 81 Stat. 93,

authorized grants or contracts with institutions of higher

education for training programs and projects for higher education

personnel, prior to repeal by Pub. L. 94-482, title I, Sec.

151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152.

Section 1119b-1, Pub. L. 89-329, title V, Sec. 542, as added Pub.

L. 96-374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1462,

related to applications for grants for training teachers for

handicapped children.

Another prior section 1119b-1, Pub. L. 89-329, title V, Sec. 542,

as added Pub. L. 90-35, Sec. 6, June 29, 1967, 81 Stat. 93,

authorized the payment of stipends to persons participating in

authorized training programs, prior to repeal by Pub. L. 94-482,

title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152.

Section 1119b-2, Pub. L. 89-329, title V, Sec. 543, as added Pub.

L. 96-374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1462,

provided for stipends and allowances for participants in program of

training teachers for handicapped children.

Another prior section 1119b-2, Pub. L. 89-329, title V, Sec. 543,

as added Pub. L. 90-35, Sec. 6, June 29, 1967, 81 Stat. 93; amended

Pub. L. 90-575, title II, Sec. 231(a), Oct. 16, 1968, 82 Stat.

1039; Pub. L. 92-318, title I, Sec. 141(a)(1)(B), June 23, 1972, 86

Stat. 284, authorized appropriations for fiscal years 1969 to 1972,

prior to repeal by Pub. L. 92-318, title I, Sec. 141(c)(1)(G), June

23, 1972, 86 Stat. 285.

Section 1119b-3, Pub. L. 89-329, title V, Sec. 544, as added Pub.

L. 96-374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1463, set

out conditions for maintaining fellowships in training teachers for

handicapped children.

Section 1119b-4, Pub. L. 89-329, title V, Sec. 545, as added Pub.

L. 96-374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1463,

defined ''special education''.

Section 1119b-5, Pub. L. 89-329, title V, Sec. 546, as added Pub.

L. 96-374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1463,

authorized appropriations for fiscal years 1981 to 1985 to carry

out grant program for training teachers for handicapped children.

Section 1119c, Pub. L. 89-329, title V, Sec. 551, as added Pub.

L. 96-374, title V, Sec. 506, Oct. 3, 1980, 94 Stat. 1463, stated

Congressional findings concerning Federal programs to train

education professionals.

Another prior section 1119c, Pub. L. 89-329, title V, Sec. 551,

as added Pub. L. 90-576, title II, Sec. 201, Oct. 16, 1968, 82

Stat. 1091, set forth Congressional declaration of purpose, prior

to repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(C), title II,

Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215.

Section 1119c-1, Pub. L. 89-329, title V, Sec. 552, as added Pub.

L. 96-374, title V, Sec. 506, Oct. 3, 1980, 94 Stat. 1464, stated

Congressional declaration of policy concerning Federal programs to

support education professional development.

Another prior section 1119c-1, Pub. L. 89-329, title V, Sec. 552,

as added Pub. L. 90-576, title II, Sec. 201, Oct. 16, 1968, 82

Stat. 1092, related to leadership development awards, prior to

repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(C), title II,

Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215.

Section 1119c-2, Pub. L. 89-329, title V, Sec. 553, as added Pub.

L. 96-374, title V, Sec. 506, Oct. 3, 1980, 94 Stat. 1464; amended

Pub. L. 99-386, title I, Sec. 103(b), Aug. 22, 1986, 100 Stat. 821,

established Office of Education Professional Development.

Another prior section 1119c-2, Pub. L. 89-329, title V, Sec. 553,

as added Pub. L. 90-576, title II, Sec. 201, Oct. 16, 1968, 82

Stat. 1093, related to exchange programs, institutes, and

in-service education for vocational education teachers,

supervisors, coordinators, and administrators, prior to repeal by

Pub. L. 94-482, title I, Sec. 151(a)(4)(C), title II, Sec.

204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215.

Section 1119c-3, Pub. L. 89-329, title V, Sec. 554, as added Pub.

L. 90-576, title II, Sec. 201, Oct. 16, 1968, 82 Stat. 1094,

related to familiarizing teachers with new curricular methods,

prior to repeal by Pub. L. 94-482, title I, Sec. 151(a)(4)(C),

title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215.

Section 1119c-4, Pub. L. 89-329, title V, Sec. 555, as added Pub.

L. 94-482, title I, Sec. 151(a)(4)(B), Oct. 12, 1976, 90 Stat.

2152, authorized appropriation for the fiscal years ending prior to

Oct. 1, 1977, prior to repeal by Pub. L. 94-482, title I, Sec.

151(a)(4)(C), title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat.

2152, 2215.

An identical section 555 of Pub. L. 89-329, as added Pub. L.

94-482, title II, Sec. 201(q), Oct. 12, 1976, 90 Stat. 2169, was

also classified to section 1119c-4, and was repealed by Pub. L.

94-482, title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2215.

Another prior section 1119c-4, Pub. L. 89-329, title V, Sec. 555,

as added by Pub. L. 90-576, title II, Sec. 201, Oct. 16, 1968, 82

Stat. 1094; amended by Pub. L. 91-230, title VII, Sec. 708, Apr.

13, 1970, 84 Stat. 189, authorized appropriations for fiscal years

1969 to 1972, prior to repeal by Pub. L. 92-318, title I, Sec.

141(c)(1)(H), June 23, 1972, 86 Stat. 285.

Section 1119d, Pub. L. 89-329, title V, Sec. 561, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2894,

stated purpose and authorized appropriations for Carl D. Perkins

Scholarship program.

Section 1119d-1, Pub. L. 89-329, title V, Sec. 562, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2894,

provided for allocation among States of funds appropriated for Carl

D. Perkins Scholarship program.

Section 1119d-2, Pub. L. 89-329, title V, Sec. 563, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2894,

provided for form, content, and processing of applications for

grants to States under Carl D. Perkins Scholarship program.

Section 1119d-3, Pub. L. 89-329, title V, Sec. 564, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2896,

related to amount and duration of Carl D. Perkins Scholarships and

the relationship of Scholarships to other forms of assistance.

Section 1119d-4, Pub. L. 89-329, title V, Sec. 565, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2896,

provided for selection of Carl D. Perkins Scholars.

Section 1119d-5, Pub. L. 89-329, title V, Sec. 566, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2897,

provided conditions for continued receipt of Carl D. Perkins

Scholarship assistance.

Section 1119d-6, Pub. L. 89-329, title V, Sec. 567, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2897,

provided for repayment of Carl D. Perkins Scholarship assistance in

case of noncompliance with program agreement.

Section 1119d-7, Pub. L. 89-329, title V, Sec. 568, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2897,

provided exceptions to repayment requirements.

Section 1119d-8, Pub. L. 89-329, title V, Sec. 569, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2898,

related to Federal administration of State programs to make

available Carl D. Perkins Scholarships and judicial review thereof.

Section 1119e, Pub. L. 89-329, title V, Sec. 571, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2898,

stated purpose of establishing national fellowship program for

outstanding teachers.

Section 1119e-1, Pub. L. 89-329, title V, Sec. 572, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2898,

authorized appropriations for fiscal years 1986 to 1989 for

fellowships to outstanding teachers.

Section 1119e-2, Pub. L. 89-329, title V, Sec. 573, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2899,

provided for program of talented teacher fellowships.

Section 1119e-3, Pub. L. 89-329, title V, Sec. 574, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2899,

provided for selection of recipients of talented teacher

fellowships.

Section 1119e-4, Pub. L. 89-329, title V, Sec. 575, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2899,

provided for submission and evaluation of applications for talented

teacher fellowship assistance.

Section 1119e-5, Pub. L. 89-329, title V, Sec. 576, as added Pub.

L. 98-558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2900,

provided for repayment of awards to Federal Government in case of

fraud or gross noncompliance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1103e of this title.

-CITE-

20 USC SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

.

-HEAD-

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

-COD-

CODIFICATION

Title VI of the Higher Education Act of 1965, comprising this

subchapter, was originally enacted by Pub. L. 89-329, title VI,

Nov. 8, 1965, 79 Stat. 1261; amended Pub. L. 89-752, Nov. 3, 1966,

80 Stat. 1240; Pub. L. 90-575, Oct. 16, 1968, 82 Stat. 1014; Pub.

L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 94-482, Oct. 12,

1976, 90 Stat. 2081; Pub. L. 95-180, Nov. 15, 1977, 91 Stat. 1372;

Pub. L. 96-49, Aug. 13, 1979; 93 Stat. 351. Title VI (except for

part A) is shown herein, however, as having been added by Pub. L.

96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1464, without

reference to those intervening amendments because of the extensive

revision of the title's provisions by Pub. L. 96-374.

-CITE-

20 USC Part A - International and Foreign Language

Studies 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

.

-HEAD-

Part A - International and Foreign Language Studies

-COD-

CODIFICATION

Part A of title VI of the Higher Education Act of 1965,

comprising this part, was originally enacted by Pub. L. 89-329,

title VI, Nov. 8, 1965, 79 Stat. 1261; amended Pub. L. 89-752, Nov.

3, 1966, 80 Stat. 1240; Pub. L. 90-575, Oct. 16, 1968, 82 Stat.

1014; Pub. L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 94-482,

Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-180, Nov. 15, 1977, 91

Stat. 1372; Pub. L. 96-49, Aug. 13, 1979, 93 Stat. 351; Pub. L.

96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97-375, Dec. 21, 1982,

96 Stat. 1819; Pub. L. 99-386, Aug. 22, 1986, 100 Stat. 821; Pub.

L. 99-498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100-50, June 3,

1987, 101 Stat. 335; Pub. L. 102-325, July 23, 1992, 106 Stat. 448;

Pub. L. 103-208, Dec. 20, 1993, 107 Stat. 2457. Part A is shown

herein, however, as having been added by Pub. L. 105-244, title VI,

Sec. 601, Oct. 7, 1998, 112 Stat. 1774, without reference to those

intervening amendments because of the extensive revision of part A

by Pub. L. 105-244.

-CITE-

20 USC Sec. 1121 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1121. Findings and purposes

-STATUTE-

(a) Findings

Congress finds as follows:

(1) The security, stability, and economic vitality of the

United States in a complex global era depend upon American

experts in and citizens knowledgeable about world regions,

foreign languages, and international affairs, as well as upon a

strong research base in these areas.

(2) Advances in communications technology and the growth of

regional and global problems make knowledge of other countries

and the ability to communicate in other languages more essential

to the promotion of mutual understanding and cooperation among

nations and their peoples.

(3) Dramatic post-Cold War changes in the world's geopolitical

and economic landscapes are creating needs for American expertise

and knowledge about a greater diversity of less commonly taught

foreign languages and nations of the world.

(4) Systematic efforts are necessary to enhance the capacity of

institutions of higher education in the United States for -

(A) producing graduates with international and foreign

language expertise and knowledge; and

(B) research regarding such expertise and knowledge.

(5) Cooperative efforts among the Federal Government,

institutions of higher education, and the private sector are

necessary to promote the generation and dissemination of

information about world regions, foreign languages, and

international affairs throughout education, government, business,

civic, and nonprofit sectors in the United States.

(b) Purposes

The purposes of this part are -

(1)(A) to support centers, programs, and fellowships in

institutions of higher education in the United States for

producing increased numbers of trained personnel and research in

foreign languages, area studies, and other international studies;

(B) to develop a pool of international experts to meet national

needs;

(C) to develop and validate specialized materials and

techniques for foreign language acquisition and fluency,

emphasizing (but not limited to) the less commonly taught

languages;

(D) to promote access to research and training overseas; and

(E) to advance the internationalization of a variety of

disciplines throughout undergraduate and graduate education;

(2) to support cooperative efforts promoting access to and the

dissemination of international and foreign language knowledge,

teaching materials, and research, throughout education,

government, business, civic, and nonprofit sectors in the United

States, through the use of advanced technologies; and

(3) to coordinate the programs of the Federal Government in the

areas of foreign language, area studies, and other international

studies, including professional international affairs education

and research.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 601, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1774.)

-MISC1-

PRIOR PROVISIONS

A prior section 1121, Pub. L. 89-329, title VI, Sec. 601, as

added Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat.

1464; amended Pub. L. 99-498, title VI, Sec. 601, Oct. 17, 1986,

100 Stat. 1514; Pub. L. 102-325, title VI, Sec. 601, July 23, 1992,

106 Stat. 720, set out findings of Congress and purpose of this

part, prior to the general amendment of this part by Pub. L.

105-244.

Another prior section 1121, Pub. L. 89-329, title VI, Sec. 601,

Nov. 8, 1965, 79 Stat. 1261; Pub. L. 89-752, Sec. 3(b), Nov. 3,

1966, 80 Stat. 1241; Pub. L. 90-575, title II, Sec. 241, 242(a),

Oct. 16, 1968, 82 Stat. 1041; Pub. L. 92-318, title I, Sec. 151(a),

June 23, 1972, 86 Stat. 288; Pub. L. 94-482, title I, Sec. 156,

Oct. 12, 1976, 90 Stat. 2155; Pub. L. 96-49, Sec. 7, Aug. 13, 1979,

93 Stat. 353, set out the Congressional statement of purpose and

the authorization of appropriations for the program of equipment

grants to institutions of higher education, prior to the general

amendment of this subchapter by Pub. L. 96-374.

EFFECTIVE DATE

Part effective Oct. 1, 1998, except as otherwise provided in Pub.

L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

NATIONAL ENDOWMENT FOR INTERNATIONAL STUDIES

Pub. L. 99-498, title XIII, Sec. 1302, Oct. 17, 1986, 100 Stat.

1580, as amended by Pub. L. 100-50, Sec. 23(2), June 3, 1987, 101

Stat. 362, required Secretary of Education, in consultation with

Director of United States Information Agency, Director of the

Agency for International Development, Secretary of State, and

Secretary of Defense, to conduct a study on establishment of a

National Endowment for International Studies, such study to develop

a program, a funding plan, and priorities for such an Endowment,

with the Secretary to prepare and submit to Congress, not later

than one year after Oct. 17, 1986, a report on the study, together

with such recommendations, including recommendations for

legislation, as the Secretary deemed appropriate, prior to repeal

by Pub. L. 105-332, Sec. 6(a), Oct. 31, 1998, 112 Stat. 3127.

-CITE-

20 USC Sec. 1122 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1122. Graduate and undergraduate language and area centers and

programs

-STATUTE-

(a) National language and area centers and programs authorized

(1) Centers and programs

(A) In general

The Secretary is authorized -

(i) to make grants to institutions of higher education, or

combinations thereof, for the purpose of establishing,

strengthening, and operating comprehensive foreign language

and area or international studies centers and programs; and

(ii) to make grants to such institutions or combinations

for the purpose of establishing, strengthening, and operating

a diverse network of undergraduate foreign language and area

or international studies centers and programs.

(B) National resources

The centers and programs referred to in paragraph (1) shall

be national resources for -

(i) teaching of any modern foreign language;

(ii) instruction in fields needed to provide full

understanding of areas, regions, or countries in which such

language is commonly used;

(iii) research and training in international studies, and

the international and foreign language aspects of

professional and other fields of study; and

(iv) instruction and research on issues in world affairs

that concern one or more countries.

(2) Authorized activities

Any such grant may be used to pay all or part of the cost of

establishing or operating a center or program, including the cost

of -

(A) teaching and research materials;

(B) curriculum planning and development;

(C) establishing and maintaining linkages with overseas

institutions of higher education and other organizations that

may contribute to the teaching and research of the center or

program;

(D) bringing visiting scholars and faculty to the center to

teach or to conduct research;

(E) professional development of the center's faculty and

staff;

(F) projects conducted in cooperation with other centers

addressing themes of world regional, cross-regional,

international, or global importance;

(G) summer institutes in the United States or abroad designed

to provide language and area training in the center's field or

topic; and

(H) support for faculty, staff, and student travel in foreign

areas, regions, or countries, and for the development and

support of educational programs abroad for students.

(3) Grants to maintain library collections

The Secretary may make grants to centers described in paragraph

(1) having important library collections, as determined by the

Secretary, for the maintenance of such collections.

(4) Outreach grants and summer institutes

The Secretary may make additional grants to centers described

in paragraph (1) for any one or more of the following purposes:

(A) Programs of linkage or outreach between foreign language,

area studies, or other international fields, and professional

schools and colleges.

(B) Programs of linkage or outreach with 2- and 4-year

colleges and universities.

(C) Programs of linkage or outreach with departments or

agencies of Federal and State governments.

(D) Programs of linkage or outreach with the news media,

business, professional, or trade associations.

(E) Summer institutes in foreign area, foreign language, and

other international fields designed to carry out the programs

of linkage and outreach described in subparagraphs (A), (B),

(C), and (D).

(b) Graduate fellowships for foreign language and area or

international studies

(1) In general

The Secretary is authorized to make grants to institutions of

higher education or combinations of such institutions for the

purpose of paying stipends to individuals undergoing advanced

training in any center or program approved by the Secretary.

(2) Eligible students

Students receiving stipends described in paragraph (1) shall be

individuals who are engaged in an instructional program with

stated performance goals for functional foreign language use or

in a program developing such performance goals, in combination

with area studies, international studies, or the international

aspects of a professional studies program, including

predissertation level studies, preparation for dissertation

research, dissertation research abroad, and dissertation writing.

(c) Special rule with respect to travel

No funds may be expended under this part for undergraduate travel

except in accordance with rules prescribed by the Secretary setting

forth policies and procedures to assure that Federal funds made

available for such travel are expended as part of a formal program

of supervised study.

(d) Allowances

Stipends awarded to graduate level recipients may include

allowances for dependents and for travel for research and study in

the United States and abroad.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 602, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1775.)

-MISC1-

PRIOR PROVISIONS

A prior section 1122, Pub. L. 89-329, title VI, Sec. 602, as

added Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat.

1465; amended Pub. L. 99-498, title VI, Sec. 602, Oct. 17, 1986,

100 Stat. 1514; Pub. L. 100-50, Sec. 18, June 3, 1987, 101 Stat.

360; Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat.

720; Pub. L. 103-208, Sec. 2(j)(10), (11), Dec. 20, 1993, 107 Stat.

2481, authorized grants for graduate and undergraduate language and

area centers and programs, prior to the general amendment of this

part by Pub. L. 105-244.

Another prior section 1122, Pub. L. 89-329, title VI, Sec. 602,

Nov. 8, 1965, 79 Stat. 1261; Pub. L. 95-180, Sec. 1(c), Nov. 15,

1977, 91 Stat. 1372, related to the allotment to States of funds

under the program of equipment grants to institutions of higher

education, prior to the general amendment of this subchapter by

Pub. L. 96-374.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1127, 1128 of this title.

-CITE-

20 USC Sec. 1123 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1123. Language resource centers

-STATUTE-

(a) Language resource centers authorized

The Secretary is authorized to make grants to and enter into

contracts with institutions of higher education, or combinations of

such institutions, for the purpose of establishing, strengthening,

and operating a small number of national language resource and

training centers, which shall serve as resources to improve the

capacity to teach and learn foreign languages effectively.

(b) Authorized activities

The activities carried out by the centers described in subsection

(a) of this section -

(1) shall include effective dissemination efforts, whenever

appropriate; and

(2) may include -

(A) the conduct and dissemination of research on new and

improved teaching methods, including the use of advanced

educational technology;

(B) the development and dissemination of new teaching

materials reflecting the use of such research in effective

teaching strategies;

(C) the development, application, and dissemination of

performance testing appropriate to an educational setting for

use as a standard and comparable measurement of skill levels in

all languages;

(D) the training of teachers in the administration and

interpretation of performance tests, the use of effective

teaching strategies, and the use of new technologies;

(E) a significant focus on the teaching and learning needs of

the less commonly taught languages, including an assessment of

the strategic needs of the United States, the determination of

ways to meet those needs nationally, and the publication and

dissemination of instructional materials in the less commonly

taught languages;

(F) the development and dissemination of materials designed

to serve as a resource for foreign language teachers at the

elementary and secondary school levels; and

(G) the operation of intensive summer language institutes to

train advanced foreign language students, to provide

professional development, and to improve language instruction

through preservice and inservice language training for

teachers.

(c) Conditions for grants

Grants under this section shall be made on such conditions as the

Secretary determines to be necessary to carry out the provisions of

this section.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 603, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1777.)

-MISC1-

PRIOR PROVISIONS

A prior section 1123, Pub. L. 89-329, title VI, Sec. 603, as

added Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat.

1466; amended Pub. L. 99-498, title VI, Sec. 603, Oct. 17, 1986,

100 Stat. 1515; Pub. L. 102-325, title VI, Sec. 601, July 23, 1992,

106 Stat. 722; Pub. L. 103-208, Sec. 2(j)(12), Dec. 20, 1993, 107

Stat. 2481, authorized grants for language resource centers, prior

to the general amendment of this part by Pub. L. 105-244.

Another prior section 1123, Pub. L. 89-329, title VI, Sec. 603,

Nov. 8, 1965, 79 Stat. 1262, related to the State plans for

carrying out the program of equipment grants to institutions of

higher education, prior to the general amendment of this subchapter

by Pub. L. 96-374.

-CITE-

20 USC Sec. 1124 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1124. Undergraduate international studies and foreign language

programs

-STATUTE-

(a) Incentives for creation of new programs and strengthening of

existing programs in undergraduate international studies and

foreign language programs

(1) Authority

The Secretary is authorized to make grants to institutions of

higher education, combinations of such institutions, or

partnerships between nonprofit educational organizations and

institutions of higher education, to assist such institutions,

combinations or partnerships in planning, developing, and

carrying out programs to improve undergraduate instruction in

international studies and foreign languages. Such grants shall

be awarded to institutions, combinations or partnerships seeking

to create new programs or to strengthen existing programs in

foreign languages, area studies, and other international fields.

(2) Use of funds

Grants made under this section may be used for Federal share of

the cost of projects and activities which are an integral part of

such a program, such as -

(A) planning for the development and expansion of

undergraduate programs in international studies and foreign

languages;

(B) teaching, research, curriculum development, faculty

training in the United States or abroad, and other related

activities, including -

(i) the expansion of library and teaching resources; and

(ii) preservice and inservice teacher training;

(C) expansion of opportunities for learning foreign

languages, including less commonly taught languages;

(D) programs under which foreign teachers and scholars may

visit institutions as visiting faculty;

(E) programs designed to develop or enhance linkages between

2- and 4-year institutions of higher education, or

baccalaureate and post-baccalaureate programs or institutions;

(F) the development of undergraduate educational programs -

(i) in locations abroad where such opportunities are not

otherwise available or that serve students for whom such

opportunities are not otherwise available; and

(ii) that provide courses that are closely related to

on-campus foreign language and international curricula;

(G) the integration of new and continuing education abroad

opportunities for undergraduate students into curricula of

specific degree programs;

(H) the development of model programs to enrich or enhance

the effectiveness of educational programs abroad, including

predeparture and postreturn programs, and the integration of

educational programs abroad into the curriculum of the home

institution;

(I) the development of programs designed to integrate

professional and technical education with foreign languages,

area studies, and other international fields;

(J) the establishment of linkages overseas with institutions

of higher education and organizations that contribute to the

educational programs assisted under this subsection;

(K) the conduct of summer institutes in foreign area, foreign

language, and other international fields to provide faculty and

curriculum development, including the integration of

professional and technical education with foreign area and

other international studies, and to provide foreign area and

other international knowledge or skills to government personnel

or private sector professionals in international activities;

(L) the development of partnerships between -

(i) institutions of higher education; and

(ii) the private sector, government, or elementary and

secondary education institutions,

in order to enhance international knowledge and skills; and

(M) the use of innovative technology to increase access to

international education programs.

(3) Non-Federal share

The non-Federal share of the cost of the programs assisted

under this subsection -

(A) may be provided in cash from the private sector

corporations or foundations in an amount equal to one-third of

the total cost of the programs assisted under this section; or

(B) may be provided as an in-cash or in-kind contribution

from institutional and noninstitutional funds, including State

and private sector corporation or foundation contributions,

equal to one-half of the total cost of the programs assisted

under this section.

(4) Special rule

The Secretary may waive or reduce the required non-Federal

share for institutions that -

(A) are eligible to receive assistance under part A or B of

subchapter III of this chapter or under subchapter V of this

chapter; and

(B) have submitted a grant application under this section.

(5) Priority

In awarding grants under this section, the Secretary shall give

priority to applications from institutions of higher education,

combinations or partnerships that require entering students to

have successfully completed at least 2 years of secondary school

foreign language instruction or that require each graduating

student to earn 2 years of postsecondary credit in a foreign

language (or have demonstrated equivalent competence in the

foreign language) or, in the case of a 2-year degree granting

institution, offer 2 years of postsecondary credit in a foreign

language.

(6) Grant conditions

Grants under this subsection shall be made on such conditions

as the Secretary determines to be necessary to carry out this

subsection.

(7) Application

Each application for assistance under this subsection shall

include -

(A) evidence that the applicant has conducted extensive

planning prior to submitting the application;

(B) an assurance that the faculty and administrators of all

relevant departments and programs served by the applicant are

involved in ongoing collaboration with regard to achieving the

stated objectives of the application;

(C) an assurance that students at the applicant institutions,

as appropriate, will have equal access to, and derive benefits

from, the program assisted under this subsection; and

(D) an assurance that each institution, combination or

partnership will use the Federal assistance provided under this

subsection to supplement and not supplant non-Federal funds the

institution expends for programs to improve undergraduate

instruction in international studies and foreign languages.

(8) Evaluation

The Secretary may establish requirements for program

evaluations and require grant recipients to submit annual reports

that evaluate the progress and performance of students

participating in programs assisted under this subsection.

(b) Programs of national significance

The Secretary may also award grants to public and private

nonprofit agencies and organizations, including professional and

scholarly associations, whenever the Secretary determines such

grants will make an especially significant contribution to

improving undergraduate international studies and foreign language

programs.

(c) Funding support

The Secretary may use not more than 10 percent of the total

amount appropriated for this part for carrying out the purposes of

this section.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 604, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1778.)

-MISC1-

PRIOR PROVISIONS

A prior section 1124, Pub. L. 89-329, title VI, Sec. 604, as

added Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat.

1466; amended Pub. L. 99-498, title VI, Sec. 604, Oct. 17, 1986,

100 Stat. 1516; Pub. L. 102-325, title VI, Sec. 601, July 23, 1992,

106 Stat. 722, authorized grants for undergraduate international

studies and foreign language programs, prior to the general

amendment of this part by Pub. L. 105-244.

Another prior section 1124, Pub. L. 89-329, title VI, Sec. 604,

Nov. 8, 1965, 79 Stat. 1263; Pub. L. 89-752, Sec. 14, Nov. 3, 1966,

80 Stat. 1244; Pub. L. 90-575, title II, Sec. 242(b)-(d), Oct. 16,

1968, 82 Stat. 1041; Pub. L. 94-482, title I, Sec. 157, Oct. 12,

1976, 90 Stat. 2156, provided for grants to institutions of higher

education for projects, prior to the general amendment of this

subchapter by Pub. L. 96-374.

A prior section 1124a, Pub. L. 89-329, title VI, Sec. 605, as

added Pub. L. 99-498, title VI, Sec. 605(2), Oct. 17, 1986, 100

Stat. 1517; amended Pub. L. 102-325, title VI, Sec. 601, July 23,

1992, 106 Stat. 725, authorized grants for intensive summer

language institutes, prior to the general amendment of this part by

Pub. L. 105-244.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1103d of this title.

-CITE-

20 USC Sec. 1125 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1125. Research; studies; annual report

-STATUTE-

(a) Authorized activities

The Secretary may, directly or through grants or contracts,

conduct research and studies that contribute to achieving the

purposes of this part. Such research and studies may include -

(1) studies and surveys to determine needs for increased or

improved instruction in foreign language, area studies, or other

international fields, including the demand for foreign language,

area, and other international specialists in government,

education, and the private sector;

(2) studies and surveys to assess the utilization of graduates

of programs supported under this subchapter by governmental,

educational, and private sector organizations and other studies

assessing the outcomes and effectiveness of programs so

supported;

(3) evaluation of the extent to which programs assisted under

this subchapter that address national needs would not otherwise

be offered;

(4) comparative studies of the effectiveness of strategies to

provide international capabilities at institutions of higher

education;

(5) research on more effective methods of providing instruction

and achieving competency in foreign languages, area studies, or

other international fields;

(6) the development and publication of specialized materials

for use in foreign language, area studies, and other

international fields, or for training foreign language, area, and

other international specialists;

(7) studies and surveys of the uses of technology in foreign

language, area studies, and international studies programs;

(8) studies and evaluations of effective practices in the

dissemination of international information, materials, research,

teaching strategies, and testing techniques throughout the

education community, including elementary and secondary schools;

and

(9) the application of performance tests and standards across

all areas of foreign language instruction and classroom use.

(b) Annual report

The Secretary shall prepare, publish, and announce an annual

report listing the books and research materials produced with

assistance under this section.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 605, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1780.)

-MISC1-

PRIOR PROVISIONS

A prior section 1125, Pub. L. 89-329, title VI, Sec. 606,

formerly Sec. 605, as added Pub. L. 96-374, title VI, Sec. 601(a),

Oct. 3, 1980, 94 Stat. 1467; amended Pub. L. 97-375, title II, Sec.

204, Dec. 21, 1982, 96 Stat. 1823; Pub. L. 99-386, title I, Sec.

103(c), Aug. 22, 1986, 100 Stat. 821; renumbered Sec. 606 and

amended Pub. L. 99-498, title VI, Sec. 605(1), 606, Oct. 17, 1986,

100 Stat. 1517; Pub. L. 102-325, title VI, Sec. 601, July 23, 1992,

106 Stat. 725, authorized research and studies and required annual

report, prior to the general amendment of this part by Pub. L.

105-244.

Another prior section 1125, Pub. L. 89-329, title VI, Sec. 605,

Nov. 8, 1965, 79 Stat. 1264; Pub. L. 90-575, title II, Sec. 242(a),

(e), Oct. 16, 1968, 82 Stat. 1041, related to the applications by

institutions of higher education for grants under the program of

equipment grants, prior to the general amendment of this subchapter

by Pub. L. 96-374.

A prior section 605 of Pub. L. 89-329 was classified to section

1124a of this title, prior to the general amendment of this part by

Pub. L. 105-244.

Prior sections 1125a and 1125b were omitted in the general

amendment of this part by Pub. L. 105-244.

Section 1125a, Pub. L. 89-329, title VI, Sec. 607, as added Pub.

L. 99-498, title VI, Sec. 607, Oct. 17, 1986, 100 Stat. 1518;

amended Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106

Stat. 726; Pub. L. 103-208, Sec. 2(j)(13), Dec. 20, 1993, 107 Stat.

2481, related to periodicals and other research materials published

outside the United States.

Section 1125b, Pub. L. 89-329, title VI, Sec. 608, as added Pub.

L. 99-498, title VI, Sec. 608, Oct. 17, 1986, 100 Stat. 1518;

amended Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106

Stat. 727, related to selection of certain grant recipients.

-CITE-

20 USC Sec. 1126 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1126. Technological innovation and cooperation for foreign

information access

-STATUTE-

(a) Authority

The Secretary is authorized to make grants to institutions of

higher education, public or nonprofit private libraries, or

consortia of such institutions or libraries, to develop innovative

techniques or programs using new electronic technologies to

collect, organize, preserve, and widely disseminate information on

world regions and countries other than the United States that

address our Nation's teaching and research needs in international

education and foreign languages.

(b) Authorized activities

Grants under this section may be used -

(1) to facilitate access to or preserve foreign information

resources in print or electronic forms;

(2) to develop new means of immediate, full-text document

delivery for information and scholarship from abroad;

(3) to develop new means of shared electronic access to

international data;

(4) to support collaborative projects of indexing, cataloging,

and other means of bibliographic access for scholars to important

research materials published or distributed outside the United

States;

(5) to develop methods for the wide dissemination of resources

written in non-Roman language alphabets;

(6) to assist teachers of less commonly taught languages in

acquiring, via electronic and other means, materials suitable for

classroom use; and

(7) to promote collaborative technology based projects in

foreign languages, area studies, and international studies among

grant recipients under this subchapter.

(c) Application

Each institution or consortium desiring a grant under this

section shall submit an application to the Secretary at such time,

in such manner, and accompanied by such information and assurances

as the Secretary may reasonably require.

(d) Match required

The Federal share of the total cost of carrying out a program

supported by a grant under this section shall not be more than 66

2/3 percent. The non-Federal share of such cost may be provided

either in-kind or in cash, and may include contributions from

private sector corporations or foundations.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 606, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1781.)

-MISC1-

PRIOR PROVISIONS

A prior section 1126, Pub. L. 89-329, title VI, Sec. 609,

formerly Sec. 606, as added Pub. L. 96-374, title VI, Sec. 601(a),

Oct. 3, 1980, 94 Stat. 1467; renumbered Sec. 609, Pub. L. 99-498,

title VI, Sec. 605(1), Oct. 17, 1986, 100 Stat. 1517; amended Pub.

L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 727,

related to equitable distribution of grants, prior to the general

amendment of this part by Pub. L. 105-244.

Another prior section 1126, Pub. L. 89-329, title VI, Sec. 606,

Nov. 8, 1965, 79 Stat. 1265, related to reservation and payment of

equipment grants to institutions of higher education, prior to the

general amendment of this subchapter by Pub. L. 96-374.

A prior section 606 of Pub. L. 89-329 was classified to section

1125 of this title, prior to the general amendment of this part by

Pub. L. 105-244.

-CITE-

20 USC Sec. 1127 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1127. Selection of certain grant recipients

-STATUTE-

(a) Competitive grants

The Secretary shall award grants under section 1122 of this title

competitively on the basis of criteria that separately, but not

less rigorously, evaluates the applications for comprehensive and

undergraduate language and area centers and programs.

(b) Selection criteria

The Secretary shall set criteria for grants awarded under section

1122 of this title by which a determination of excellence shall be

made to meet the differing objectives of graduate and undergraduate

institutions.

(c) Equitable distribution of grants

The Secretary shall, to the extent practicable, award grants

under this part (other than section 1122 of this title) in such

manner as to achieve an equitable distribution of the grant funds

throughout the United States, based on the merit of a proposal as

determined pursuant to a peer review process involving broadly

representative professionals.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 607, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1782.)

-MISC1-

PRIOR PROVISIONS

A prior section 1127, Pub. L. 89-329, title VI, Sec. 610,

formerly Sec. 607, as added Pub. L. 96-374, title VI, Sec. 601(a),

Oct. 3, 1980, 94 Stat. 1467; renumbered Sec. 610 and amended Pub.

L. 99-498, title VI, Sec. 605(1), 609, Oct. 17, 1986, 100 Stat.

1517, 1519; Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106

Stat. 728, authorized grants and contracts for American overseas

research centers, prior to the general amendment of this part by

Pub. L. 105-244.

Another prior section 1127, Pub. L. 89-329, title VI, Sec. 607,

Nov. 8, 1965, 79 Stat. 1265, provided procedures to be followed in

event of disapproval of a State plan under equipment grant program,

prior to the general amendment of this subchapter by Pub. L.

96-374.

A prior section 607 of Pub. L. 89-329 was classified to section

1125a of this title, prior to the general amendment of this part by

Pub. L. 105-244.

-CITE-

20 USC Sec. 1128 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1128. Equitable distribution of certain funds

-STATUTE-

(a) Selection criteria

The Secretary shall make excellence the criterion for selection

of grants awarded under section 1122 of this title.

(b) Equitable distribution

To the extent practicable and consistent with the criterion of

excellence, the Secretary shall award grants under this part (other

than section 1122 of this title) in such a manner as will achieve

an equitable distribution of funds throughout the United States.

(c) Support for undergraduate education

The Secretary shall also award grants under this part in such

manner as to ensure that an appropriate portion of the funds

appropriated for this part (as determined by the Secretary) are

used to support undergraduate education.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 608, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1782.)

-MISC1-

PRIOR PROVISIONS

A prior section 1128, Pub. L. 89-329, title VI, Sec. 610A, as

added Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat.

728, authorized appropriations for this part, prior to the general

amendment of this part by Pub. L. 105-244.

Another prior section 1128, Pub. L. 89-329, title VI, Sec. 608,

Nov. 8, 1965, 79 Stat. 1265, provided the process of judicial

review in event of State dissatisfaction in equipment grant

program, prior to the general amendment of this subchapter by Pub.

L. 96-374.

A prior section 608 of Pub. L. 89-329 was classified to section

1125b of this title, prior to the general amendment of this part by

Pub. L. 105-244.

-CITE-

20 USC Sec. 1128a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1128a. American overseas research centers

-STATUTE-

(a) Centers authorized

The Secretary is authorized to make grants to and enter into

contracts with any American overseas research center that is a

consortium of institutions of higher education (hereafter in this

section referred to as a ''center'') to enable such center to

promote postgraduate research, exchanges and area studies.

(b) Use of grants

Grants made and contracts entered into pursuant to this section

may be used to pay all or a portion of the cost of establishing or

operating a center or program, including -

(1) the cost of faculty and staff stipends and salaries;

(2) the cost of faculty, staff, and student travel;

(3) the cost of the operation and maintenance of overseas

facilities;

(4) the cost of teaching and research materials;

(5) the cost of acquisition, maintenance, and preservation of

library collections;

(6) the cost of bringing visiting scholars and faculty to a

center to teach or to conduct research;

(7) the cost of organizing and managing conferences; and

(8) the cost of publication and dissemination of material for

the scholarly and general public.

(c) Limitation

The Secretary shall only award grants to and enter into contracts

with centers under this section that -

(1) receive more than 50 percent of their funding from public

or private United States sources;

(2) have a permanent presence in the country in which the

center is located; and

(3) are organizations described in section 501(c)(3) of title

26 which are exempt from taxation under section 501(a) of such

title.

(d) Development grants

The Secretary is authorized to make grants for the establishment

of new centers. The grants may be used to fund activities that,

within 1 year, will result in the creation of a center described in

subsection (c) of this section.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 609, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1782.)

-MISC1-

PRIOR PROVISIONS

A prior section 609 of Pub. L. 89-329 was classified to section

1126 of this title, prior to the general amendment of this part by

Pub. L. 105-244.

Another prior section 609 of Pub. L. 89-329, title VI, Nov. 8,

1965, 79 Stat. 1266; Pub. L. 92-318, title I, Sec. 131(d)(2)(D),

June 23, 1972, 86 Stat. 260, prohibited equipment grants for

sectarian instruction or religious worship and was classified to

section 1129 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1128b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part A - International and Foreign Language Studies

-HEAD-

Sec. 1128b. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$80,000,000 for fiscal year 1999, and such sums as may be necessary

for each of the 4 succeeding fiscal years.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 610, as added Pub. L. 105-244,

title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 610 of Pub. L. 89-329 was classified to section

1127 of this title, prior to the general amendment of this part by

Pub. L. 105-244.

Prior sections 1129 and 1129a were omitted in the general

amendment of this subchapter by Pub. L. 96-374.

Section 1129, Pub. L. 89-329, title VI, Sec. 609, Nov. 8, 1965,

79 Stat. 1266; Pub. L. 92-318, title I, Sec. 131(d)(2)(D), June 23,

1972, 86 Stat. 260, prohibited equipment grants for sectarian

instruction or religious worship.

Section 1129a, Pub. L. 89-329, title VI, Sec. 610, as added Pub.

L. 90-575, title II, Sec. 243, Oct. 16, 1968, 82 Stat. 1041,

provided for consultation with the National Science Foundation in

regard to the purchase of laboratory equipment.

-CITE-

20 USC Part B - Business and International Education

Programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part B - Business and International Education Programs

.

-HEAD-

Part B - Business and International Education Programs

-CITE-

20 USC Sec. 1130 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part B - Business and International Education Programs

-HEAD-

Sec. 1130. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) the future economic welfare of the United States will

depend substantially on increasing international skills in the

business and educational community and creating an awareness

among the American public of the internationalization of our

economy;

(2) concerted efforts are necessary to engage business schools,

language and area study programs, professional international

affairs education programs, public and private sector

organizations, and United States business in a mutually

productive relationship which benefits the Nation's future

economic interests;

(3) few linkages presently exist between the manpower and

information needs of United States business and the international

education, language training and research capacities of

institutions of higher education in the United States, and public

and private organizations; and

(4) organizations such as world trade councils, world trade

clubs, chambers of commerce and State departments of commerce are

not adequately used to link universities and business for joint

venture exploration and program development.

(b) Purposes

It is the purpose of this part -

(1) to enhance the broad objective of this chapter by

increasing and promoting the Nation's capacity for international

understanding and economic enterprise through the provision of

suitable international education and training for business

personnel in various stages of professional development; and

(2) to promote institutional and noninstitutional educational

and training activities that will contribute to the ability of

United States business to prosper in an international economy.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 611, as added Pub. L. 96-374, title

VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1467; amended Pub. L.

99-498, title VI, Sec. 610, Oct. 17, 1986, 100 Stat. 1519; Pub. L.

102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 728; Pub. L.

105-244, title VI, Sec. 602(a), Oct. 7, 1998, 112 Stat. 1783.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(1), was in the original

''this Act'', meaning Pub. L. 89-329, known as the Higher Education

Act of 1965. For complete classification of this Act to the Code,

see Short Title note set out under section 1001 of this title and

Tables.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-244 amended section catchline generally.

1992 - Pub. L. 102-325 amended section generally, inserting

subsec. headings and reenacting text without substantial change.

1986 - Subsec. (a)(1). Pub. L. 99-498 inserted ''and

educational'' after ''skills in the business''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-CITE-

20 USC Sec. 1130-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part B - Business and International Education Programs

-HEAD-

Sec. 1130-1. Centers for international business education

-STATUTE-

(a) Program authorized

(1) In general

The Secretary is authorized to make grants to institutions of

higher education, or combinations of such institutions, to pay

the Federal share of the cost of planning, establishing and

operating centers for international business education which -

(A) will be national resources for the teaching of improved

business techniques, strategies, and methodologies which

emphasize the international context in which business is

transacted;

(B) will provide instruction in critical foreign languages

and international fields needed to provide understanding of the

cultures and customs of United States trading partners; and

(C) will provide research and training in the international

aspects of trade, commerce, and other fields of study.

(2) Special rule

In addition to providing training to students enrolled in the

institution of higher education in which a center is located,

such centers shall serve as regional resources to businesses

proximately located by offering programs and providing research

designed to meet the international training needs of such

businesses. Such centers shall also serve other faculty,

students, and institutions of higher education located within

their region.

(b) Authorized expenditures

Each grant made under this section may be used to pay the Federal

share of the cost of planning, establishing or operating a center,

including the cost of -

(1) faculty and staff travel in foreign areas, regions, or

countries;

(2) teaching and research materials;

(3) curriculum planning and development;

(4) bringing visiting scholars and faculty to the center to

teach or to conduct research; and

(5) training and improvement of the staff, for the purpose of,

and subject to such conditions as the Secretary finds necessary

for, carrying out the objectives of this section.

(c) Authorized activities

(1) Mandatory activities

Programs and activities to be conducted by centers assisted

under this section shall include -

(A) interdisciplinary programs which incorporate foreign

language and international studies training into business,

finance, management, communications systems, and other

professional curricula;

(B) interdisciplinary programs which provide business,

finance, management, communications systems, and other

professional training for foreign language and international

studies faculty and degree candidates;

(C) programs, such as intensive language programs, available

to members of the business community and other professionals

which are designed to develop or enhance their international

skills, awareness, and expertise;

(D) collaborative programs, activities, or research involving

other institutions of higher education, local educational

agencies, professional associations, businesses, firms, or

combinations thereof, to promote the development of

international skills, awareness, and expertise among current

and prospective members of the business community and other

professionals;

(E) research designed to strengthen and improve the

international aspects of business and professional education

and to promote integrated curricula; and

(F) research designed to promote the international

competitiveness of American businesses and firms, including

those not currently active in international trade.

(2) Permissible activities

Programs and activities to be conducted by centers assisted

under this section may include -

(A) the establishment of overseas internship programs for

students and faculty designed to provide training and

experience in international business activities, except that no

Federal funds provided under this section may be used to pay

wages or stipends to any participant who is engaged in

compensated employment as part of an internship program;

(B) the establishment of linkages overseas with institutions

of higher education and other organizations that contribute to

the educational objectives of this section;

(C) summer institutes in international business, foreign area

studies, foreign language studies, and other international

studies designed to carry out the purposes of subparagraph (A)

of this paragraph;

(D) the development of opportunities for business students to

study abroad in locations which are important to the existing

and future economic well-being of the United States;

(E) outreach activities or consortia with business programs

located at other institutions of higher education for the

purpose of providing expertise regarding the

internationalization of such programs, such as assistance in

research, curriculum development, faculty development, or

educational exchange programs; and

(F) other eligible activities prescribed by the Secretary.

(d) Advisory council

(1) Establishment

In order to be eligible for assistance under this section, an

institution of higher education, or combination of such

institutions, shall establish a center advisory council which

will conduct extensive planning prior to the establishment of a

center concerning the scope of the center's activities and the

design of its programs.

(2) Membership on advisory council

The center advisory council shall include -

(A) one representative of an administrative department or

office of the institution of higher education;

(B) one faculty representative of the business or management

school or department of such institution;

(C) one faculty representative of the international studies

or foreign language school or department of such institution;

(D) one faculty representative of another professional school

or department of such institution, as appropriate;

(E) one or more representatives of local or regional

businesses or firms;

(F) one representative appointed by the Governor of the State

in which the institution of higher education is located whose

normal responsibilities include official oversight or

involvement in State-sponsored trade-related activities or

programs; and

(G) such other individuals as the institution of higher

education deems appropriate, such as a representative of a

community college in the region served by the center.

(3) Meetings

In addition to the initial planning activities required under

subsection (d)(1) of this section, the center advisory council

shall meet not less than once each year after the establishment

of the center to assess and advise on the programs and activities

conducted by the center.

(e) Grant duration; Federal share

(1) Duration of grants

The Secretary shall make grants under this section for a

minimum of 3 years unless the Secretary determines that the

provision of grants of shorter duration is necessary to carry out

the objectives of this section.

(2) Federal share

The Federal share of the cost of planning, establishing and

operating centers under this section shall be -

(A) not more than 90 percent for the first year in which

Federal funds are received;

(B) not more than 70 percent for the second such year; and

(C) not more than 50 percent for the third such year and for

each such year thereafter.

(3) Non-Federal share

The non-Federal share of the cost of planning, establishing,

and operating centers under this section may be provided either

in cash or in-kind.

(4) Waiver of non-Federal share

In the case of an institution of higher education receiving a

grant under this part and conducting outreach or consortia

activities with another institution of higher education in

accordance with subsection (c)(2)(E) of this section, the

Secretary may waive a portion of the requirements for the

non-Federal share required in paragraph (2) equal to the amount

provided by the institution of higher education receiving such

grant to such other institution of higher education for carrying

out such outreach or consortia activities. Any such waiver shall

be subject to such terms and conditions as the Secretary deems

necessary for carrying out the purposes of this section.

(f) Grant conditions

Grants under this section shall be made on such conditions as the

Secretary determines to be necessary to carry out the objectives of

this section. Such conditions shall include -

(1) evidence that the institution of higher education, or

combination of such institutions, will conduct extensive planning

prior to the establishment of a center concerning the scope of

the center's activities and the design of its programs in

accordance with subsection (d)(1) of this section;

(2) assurance of ongoing collaboration in the establishment and

operation of the center by faculty of the business, management,

foreign language, international studies, professional

international affairs, and other professional schools or

departments, as appropriate;

(3) assurance that the education and training programs of the

center will be open to students concentrating in each of these

respective areas, as appropriate; and

(4) assurance that the institution of higher education, or

combination of such institutions, will use the assistance

provided under this section to supplement and not to supplant

activities conducted by institutions of higher education

described in subsection (c)(1) of this section.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 612, as added Pub. L. 100-418,

title VI, Sec. 6261(2), Aug. 23, 1988, 102 Stat. 1520; amended Pub.

L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 729; Pub.

L. 105-244, title VI, Sec. 602(b), Oct. 7, 1998, 112 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 612 of Pub. L. 89-329 was renumbered section 613

and is classified to section 1130a of this title.

AMENDMENTS

1998 - Subsec. (c)(1)(B). Pub. L. 105-244, Sec. 602(b)(1)(A)(i),

struck out ''advanced'' after ''faculty and''.

Subsec. (c)(1)(C). Pub. L. 105-244, Sec. 602(b)(1)(A)(ii), struck

out ''evening or summer'' before ''programs, such''.

Subsec. (c)(2)(C). Pub. L. 105-244, Sec. 602(b)(1)(B), inserted

''foreign language studies,'' after ''area studies,''.

Subsec. (d)(2)(G). Pub. L. 105-244, Sec. 602(b)(2), inserted '',

such as a representative of a community college in the region

served by the center'' before the period.

1992 - Pub. L. 102-325 amended section generally, substituting

present provisions for provisions relating to grants for

establishing and operating international business education centers

in subsec. (a), costs to be covered by Federal funds in subsec.

(b), scope of programs and activities in subsec. (c), center

advisory council in subsec. (d), duration of grants and allotment

of Federal and non-Federal shares in subsec. (e), and conditions

for grants in subsec. (f).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1130b of this title.

-CITE-

20 USC Sec. 1130a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part B - Business and International Education Programs

-HEAD-

Sec. 1130a. Education and training programs

-STATUTE-

(a) Program authorized

The Secretary shall make grants to, and enter into contracts

with, institutions of higher education to pay the Federal share of

the cost of programs designed to promote linkages between such

institutions and the American business community engaged in

international economic activity. Each program assisted under this

section shall both enhance the international academic programs of

institutions of higher education and provide appropriate services

to the business community which will expand its capacity to engage

in commerce abroad.

(b) Authorized activities

Eligible activities to be conducted by institutions of higher

education pursuant to grants or contracts awarded under this

section shall include -

(1) innovation and improvement in international education

curricula to serve the needs of the business community, including

development of new programs for nontraditional, mid-career, or

part-time students;

(2) development of programs to inform the public of increasing

international economic interdependence and the role of American

business within the international economic system;

(3) internationalization of curricula at the junior and

community college level, and at undergraduate and graduate

schools of business;

(4) development of area studies programs, and interdisciplinary

international programs;

(5) establishment of export education programs through

cooperative arrangements with regional and world trade centers

and councils, and with bilateral and multilateral trade

associations;

(6) research for and development of specialized teaching

materials, including language materials, and facilities

appropriate to business-oriented students;

(7) establishment of student and faculty fellowships and

internships for training and education in international business

activities;

(8) development of opportunities for junior business and other

professional school faculty to acquire or strengthen

international skills and perspectives;

(9) development of research programs on issues of common

interest to institutions of higher education and private sector

organizations and associations engaged in or promoting

international economic activity;

(10) the establishment of internships overseas to enable

foreign language students to develop their foreign language

skills and knowledge of foreign cultures and societies;

(11) the establishment of linkages overseas with institutions

of higher education and organizations that contribute to the

educational objectives of this section; and

(12) summer institutes in international business, foreign area

and other international studies designed to carry out the

purposes of this section.

(c) Applications

No grant may be made and no contract may be entered into under

this section unless an institution of higher education submits an

application to the Secretary at such time and in such manner as the

Secretary may reasonably require. Each such application shall be

accompanied by a copy of the agreement entered into by the

institution of higher education with a business enterprise, trade

organization or association engaged in international economic

activity, or a combination or consortium of such enterprises,

organizations or associations, for the purpose of establishing,

developing, improving or expanding activities eligible for

assistance under subsection (b) of this section. Each such

application shall contain assurances that the institution of higher

education will use the assistance provided under this section to

supplement and not to supplant activities conducted by institutions

of higher education described in subsection (b) of this section.

(d) Federal share

The Federal share under this part for each fiscal year shall not

exceed 50 percent of the cost of such program.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 613, formerly Sec. 612, as added

Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1468;

amended Pub. L. 99-498, title VI, Sec. 611, Oct. 17, 1986, 100

Stat. 1519; renumbered Sec. 613 and amended Pub. L. 100-418, title

VI, Sec. 6261(1), 6263, Aug. 23, 1988, 102 Stat. 1520, 1523; Pub.

L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 732.)

-MISC1-

PRIOR PROVISIONS

A prior section 613 of Pub. L. 89-329 was renumbered section 614

and is classified to section 1130b of this title.

AMENDMENTS

1992 - Pub. L. 102-325 amended section generally, adding

provisions relating to establishment of linkages overseas with

institutions of higher education and organizations that contribute

to educational objectives of this section and relating to summer

institutes in international business, foreign area and other

international studies designed to carry out purposes of this

section.

1988 - Subsecs. (a), (c), (d). Pub. L. 100-418 substituted

''section'' for ''part'' wherever appearing.

1986 - Subsec. (b)(10). Pub. L. 99-498 added par. (10).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1130b of this title.

-CITE-

20 USC Sec. 1130b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part B - Business and International Education Programs

-HEAD-

Sec. 1130b. Authorization of appropriations

-STATUTE-

(a) Centers for international business education

There are authorized to be appropriated $11,000,000 for the

fiscal year 1999 and such sums as may be necessary for each of the

4 succeeding fiscal years to carry out the provisions of section

1130-1 of this title.

(b) Education and training programs

There are authorized to be appropriated $7,000,000 for fiscal

year 1999, and such sums as may be necessary for the 4 succeeding

fiscal years, to carry out the provisions of section 1130a of this

title.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 614, formerly Sec. 613, as added

Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1469;

amended Pub. L. 99-498, title VI, Sec. 612, Oct. 17, 1986, 100

Stat. 1519; renumbered Sec. 614 and amended Pub. L. 100-418, title

VI, Sec. 6261(1), 6262, Aug. 23, 1988, 102 Stat. 1520, 1523; Pub.

L. 101-600, Sec. 7, Nov. 16, 1990, 104 Stat. 3046; Pub. L. 102-325,

title VI, Sec. 601, July 23, 1992, 106 Stat. 733; Pub. L. 105-244,

title VI, Sec. 602(c), Oct. 7, 1998, 112 Stat. 1783.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244 substituted ''1999'' for ''1993'' in

subsecs. (a) and (b).

1992 - Pub. L. 102-325 amended section generally. Prior to

amendment, section read as follows:

''(a) There are authorized to be appropriated $7,500,000 for the

fiscal year 1988 and for each of the 4 succeeding fiscal years to

carry out the provisions of section 1130-1 of this title.

''(b) There are authorized to be appropriated $5,000,000 for

fiscal year 1987, and such sums as may be necessary for the 4

succeeding fiscal years, to carry out the provisions of section

1130a of this title.''

1990 - Subsec. (a). Pub. L. 101-600 substituted ''$7,500,000''

for ''$5,000,000'' and ''4 succeeding'' for ''3 succeeding''.

1988 - Pub. L. 100-418, Sec. 6262, amended section generally.

Prior to amendment, section read as follows: ''There are authorized

to be appropriated to carry out this part $5,000,000 for fiscal

year 1987, and such sums as may be necessary for the 4 succeeding

fiscal years.''

1986 - Pub. L. 99-498 amended section generally. Prior to

amendment, section read as follows: ''There are authorized to be

appropriated $7,500,000 for fiscal year 1981 and for each of the

succeeding fiscal years ending prior to October 1, 1985, to carry

out the provisions of this part.''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

-CITE-

20 USC Part C - Institute for International Public Policy 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

.

-HEAD-

Part C - Institute for International Public Policy

-CITE-

20 USC Sec. 1131 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131. Minority foreign service professional development

program

-STATUTE-

(a) Establishment

The Secretary is authorized to award a grant, on a competitive

basis, to an eligible recipient to enable such recipient to

establish an Institute for International Public Policy (hereafter

in this part referred to as the ''Institute''). The Institute shall

conduct a program to significantly increase the numbers of African

Americans and other underrepresented minorities in the

international service, including private international voluntary

organizations and the foreign service of the United States. Such

program shall include a program for such students to study abroad

in their junior year, fellowships for graduate study, internships,

intensive academic programs such as summer institutes, or intensive

language training.

(b) ''Eligible recipient'' defined

(1) In general

For the purpose of this part, the term ''eligible recipient''

means a consortium consisting of 1 or more of the following

entities:

(A) An institution eligible for assistance under part B of

subchapter III of this chapter.

(B) An institution of higher education which serves

substantial numbers of African American or other

underrepresented minority students.

(C) An institution of higher education with programs in

training foreign service professionals.

(2) Host institution

Each eligible recipient receiving a grant under this section

shall designate an institution of higher education as the host

institution for the Institute.

(c) Application

Each eligible recipient desiring a grant under this section shall

submit an application at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

(d) Duration

Grants made pursuant to this section shall be awarded for a

period not to exceed 5 years.

(e) Match required

The eligible recipient of a grant under this section shall

contribute to the conduct of the program supported by the grant an

amount from non-Federal sources equal to at least one-half the

amount of the grant, which contribution may be in cash or in kind.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 621, as added Pub. L. 102-325,

title VI, Sec. 601, July 23, 1992, 106 Stat. 734; amended Pub. L.

105-244, title VI, Sec. 603(a), Oct. 7, 1998, 112 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 1131, Pub. L. 89-329, title VI, Sec. 621, as

added Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat.

1469; amended Pub. L. 97-241, title III, Sec. 303(b), Aug. 24,

1982, 96 Stat. 291; Pub. L. 99-498, title VI, Sec. 613, Oct. 17,

1986, 100 Stat. 1519, related to advisory board on the conduct of

programs under this subchapter, prior to repeal by Pub. L. 101-392,

title VI, Sec. 612, 702(a), Sept. 25, 1990, 104 Stat. 842, 843,

effective July 1, 1991.

Another prior section 1131, Pub. L. 89-329, title VI, Sec. 621,

Nov. 8, 1965, 79 Stat. 1266, related to grants for operating

faculty development program workshops and institutes, prior to the

general revision of this subchapter by Pub. L. 96-374.

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-244 substituted ''one-half'' for

''one-fourth''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE

Part effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,

set out as an Effective Date of 1992 Amendment note under section

1001 of this title.

-CITE-

20 USC Sec. 1131-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131-1. Institutional development

-STATUTE-

(a) In general

The Institute shall award grants, from amounts available to the

Institute for each fiscal year, to historically Black colleges and

universities, Hispanic-serving institutions, Tribally Controlled

Colleges or Universities, and minority institutions, to enable such

colleges, universities, and institutions to strengthen

international affairs programs.

(b) Application

No grant may be made by the Institute unless an application is

made by the college, university, or institution at such time, in

such manner, and accompanied by such information as the Institute

may require.

(c) Definitions

In this section -

(1) the term ''historically Black college and university'' has

the meaning given the term in section 1061 of this title;

(2) the term ''Hispanic-serving institution'' has the meaning

given the term in section 1101a of this title;

(3) the term ''Tribally Controlled College or University'' has

the meaning given the term in section 1801 of title 25; and

(4) the term ''minority institution'' has the meaning given the

term in section 1067k of this title.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 622, as added Pub. L. 105-244,

title VI, Sec. 603(b)(2), Oct. 7, 1998, 112 Stat. 1784.)

-MISC1-

PRIOR PROVISIONS

A prior section 622 of Pub. L. 89-329 was renumbered section 623

and is classified to section 1131a of this title.

Another prior section 622 of Pub. L. 89-329, title VI, as added

Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1470;

amended Pub. L. 99-498, title VI, Sec. 614, Oct. 17, 1986, 100

Stat. 1520, defined terms used in this subchapter and was

classified to section 1132 of this title, prior to the general

amendment of this subchapter by Pub. L. 102-325. For definitions,

see section 1132 of this title.

Another prior section 622 of Pub. L. 89-329, title VI, Nov. 8,

1965, 79 Stat. 1266, related to stipends for persons attending

faculty development program institutes and was classified to

section 1132 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 1131a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131a. Study abroad program

-STATUTE-

(a) Program authority

The Institute shall conduct, by grant or contract, a junior year

abroad program. The junior year abroad program shall be open to

eligible students at institutions of higher education, including

historically Black colleges and universities as defined in section

1061 of this title, tribally controlled Indian community colleges

as defined in the Tribally Controlled College or University

Assistance Act of 1978 (25 U.S.C. 1801 et seq.), and other

institutions of higher education with significant minority student

populations. Eligible student expenses shall be shared by the

Institute and the institution at which the student is in

attendance. Each student may spend not more than 9 months abroad

in a program of academic study, as well as social, familial and

political interactions designed to foster an understanding of and

familiarity with the language, culture, economics and governance of

the host country.

(b) ''Eligible student'' defined

For the purpose of this section, the term ''eligible student''

means a student that is -

(1) enrolled full-time in a baccalaureate degree program at an

institution of higher education; and

(2) entering the third year of study, or completing the third

year of study in the case of a summer abroad program, at an

institution of higher education which nominates such student for

participation in the study abroad program.

(c) Special rule

An institution of higher education desiring to send a student on

the study abroad program shall enter into a Memorandum of

Understanding with the Institute under which such institution of

higher education agrees to -

(1) provide the requisite academic preparation for students

participating in the study abroad or internship programs;

(2) pay one-third the cost of each student it nominates for

participation in the study abroad program; and

(3) meet such other requirements as the Secretary may from time

to time, by regulation, reasonably require.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 623, formerly Sec. 622, as added

Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 734;

renumbered Sec. 623 and amended Pub. L. 105-244, title VI, Sec.

603(b)(1), (c), title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat.

1783, 1784, 1828.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled College or University Assistance Act of

1978, referred to in subsec. (a), is Pub. L. 95-471, Oct. 17, 1978,

92 Stat. 1325, as amended, which is classified principally to

chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 25 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 623 of Pub. L. 89-329 was renumbered section 624

and is classified to section 1131b of this title.

AMENDMENTS

1998 - Pub. L. 105-244, Sec. 603(c)(1), substituted ''Study'' for

''Junior year'' in section catchline.

Subsec. (a). Pub. L. 105-244, Sec. 901(d), substituted ''Tribally

Controlled College or University Assistance Act of 1978'' for

''Tribally Controlled Community College Assistance Act of 1978''.

Subsec. (b)(2). Pub. L. 105-244, Sec. 603(c)(2), inserted '', or

completing the third year of study in the case of a summer abroad

program,'' after ''year of study'' and substituted ''study abroad''

for ''junior year abroad''.

Subsec. (c). Pub. L. 105-244, Sec. 603(c)(3)(A), substituted

''study abroad'' for ''junior year abroad'' in introductory

provisions.

Subsec. (c)(1). Pub. L. 105-244, Sec. 603(c)(3)(B), substituted

''study abroad'' for ''junior year abroad''.

Subsec. (c)(2). Pub. L. 105-244, Sec. 603(c)(3)(C), substituted

''one-third'' for ''one-half'' and ''study abroad'' for ''junior

year abroad''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC Sec. 1131b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131b. Masters degree in international relations

-STATUTE-

The Institute shall provide, in cooperation with the other

members participating in the eligible recipient consortium, a

program of study leading to a masters degree in international

relations. The masters degree program designed by the consortia

shall be reviewed and approved by the Secretary. The Institute may

grant fellowships in an amount not to exceed the level of support

comparable to that provided by the National Science Foundation

graduate fellowships, except such amount shall be adjusted as

necessary so as not to exceed the fellow's demonstrated level of

need according to measurement of need approved by the Secretary. A

fellowship recipient shall agree to undertake full-time study and

to enter the international service (including work with private

international voluntary organizations) or foreign service of the

United States.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 624, formerly Sec. 623, as added

Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 735;

renumbered Sec. 624, Pub. L. 105-244, title VI, Sec. 603(b)(1),

Oct. 7, 1998, 112 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 624 of Pub. L. 89-329 was renumbered section 625

and is classified to section 1131c of this title.

-CITE-

20 USC Sec. 1131c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131c. Internships

-STATUTE-

(a) In general

The Institute shall enter into agreements with historically Black

colleges and universities as defined in section 1061 of this title,

tribally controlled Indian community colleges as defined in the

Tribally Controlled College or University Assistance Act of 1978

(25 U.S.C. 1801 et seq.), other institutions of higher education

with significant numbers of minority students, and institutions of

higher education with programs in training foreign service

professionals, to provide academic year internships during the

junior and senior year and summer internships following the

sophomore and junior academic years, by work placements with an

international voluntary or government organizations or agencies,

including the Agency for International Development, the

International Monetary Fund, the National Security Council, the

Organization of American States, the Export-Import Bank, the

Overseas Private Investment Corporation, the Department of State,

Office of the United States Trade Representative, the World Bank,

and the United Nations.

(b) Postbaccalaureate internships

The Institute shall enter into agreements with institutions of

higher education described in the first sentence of subsection (a)

of this section to conduct internships for students who have

completed study for a baccalaureate degree. The internship program

authorized by this subsection shall -

(1) assist the students to prepare for a master's degree

program;

(2) be carried out with the assistance of the Woodrow Wilson

International Center for Scholars;

(3) contain work experience for the students designed to

contribute to the students' preparation for a master's degree

program; and

(4) be assisted by the Interagency Committee on Minority

Careers in International Affairs established under subsection (c)

of this section.

(c) Interagency Committee on Minority Careers in International

Affairs

(1) Establishment

There is established in the executive branch of the Federal

Government an Interagency Committee on Minority Careers in

International Affairs composed of not less than 7 members,

including -

(A) the Under Secretary for Farm and Foreign Agricultural

Services of the Department of Agriculture, or the Under

Secretary's designee;

(B) the Assistant Secretary and Director General, of the

United States and Foreign Commercial Service of the Department

of Commerce, or the Assistant Secretary and Director General's

designee;

(C) the Under Secretary of Defense for Personnel and

Readiness of the Department of Defense, or the Under

Secretary's designee;

(D) the Assistant Secretary for Postsecondary Education in

the Department of Education, or the Assistant Secretary's

designee;

(E) the Director General of the Foreign Service of the

Department of State, or the Director General's designee;

(F) the General Counsel of the Agency for International

Development, or the General Counsel's designee; and

(G) the Associate Director for Educational and Cultural

Affairs of the United States Information Agency, or the

Associate Director's designee.

(2) Functions

The Interagency Committee established by this section shall -

(A) on an annual basis inform the Secretary and the Institute

regarding ways to advise students participating in the

internship program assisted under this section with respect to

goals for careers in international affairs;

(B) locate for students potential internship opportunities in

the Federal Government related to international affairs; and

(C) promote policies in each department and agency

participating in the Committee that are designed to carry out

the objectives of this part.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 625, formerly Sec. 624, as added

Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 735;

renumbered Sec. 625, and amended Pub. L. 105-244, title VI, Sec.

603(b)(1), (d), title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat.

1783, 1784, 1828; Pub. L. 105-277, div. G, subdiv. A, title XIII,

Sec. 1335(j), Oct. 21, 1998, 112 Stat. 2681-788.)

-REFTEXT-

REFERENCES IN TEXT

The Tribally Controlled College or University Assistance Act of

1978, referred to in subsec. (a), is Pub. L. 95-471, Oct. 17, 1978,

92 Stat. 1325, as amended, which is classified principally to

chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 25 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 625 of Pub. L. 89-329 was renumbered section 626

and is classified to section 1131d of this title.

AMENDMENTS

1998 - Pub. L. 105-244, Sec. 603(d), designated existing

provisions as subsec. (a), inserted heading, and added subsecs. (b)

and (c).

Subsec. (a). Pub. L. 105-277, which directed the amendment of

''section 624 of Pub. L. 89-329 (20 U.S.C. 1131c)'' by striking

''the United States Information Agency,'' after ''Agency for

International Development,'', was executed by making the amendment

in subsec. (a) of this section, to reflect the probable intent of

Congress and the intervening amendments by Pub. L. 105-244 which

renumbered section 624 of Pub. L. 89-329 as section 625 and

redesignated existing provisions as subsec. (a). See above.

Pub. L. 105-244, Sec. 901(d), substituted ''Tribally Controlled

College or University Assistance Act of 1978'' for ''Tribally

Controlled Community College Assistance Act of 1978''.

EFFECTIVE DATE OF 1998 AMENDMENTS

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of Title 22.

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC Sec. 1131d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131d. Report

-STATUTE-

The Institute shall annually prepare a report on the activities

of the Institute and shall submit such report to the Secretary of

Education and the Secretary of State.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 626, formerly Sec. 625, as added

Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 735;

renumbered Sec. 626, Pub. L. 105-244, title VI, Sec. 603(b)(1),

Oct. 7, 1998, 112 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 626 of Pub. L. 89-329 was renumbered section 627

and is classified to section 1131e of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1131e of this title.

-CITE-

20 USC Sec. 1131e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131e. Gifts and donations

-STATUTE-

The Institute is authorized to receive money and other property

donated, bequeathed, or devised to the Institute with or without a

condition of restriction, for the purpose of providing financial

support for the fellowships or underwriting the cost of the Junior

Year Abroad Program. All funds or property given, devised, or

bequeathed shall be retained in a separate account, and an

accounting of those funds and property shall be included in the

annual report described in section 1131d of this title.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 627, formerly Sec. 626, as added

Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 736;

renumbered Sec. 627, and amended Pub. L. 105-244, title VI, Sec.

603(b)(1), (f), Oct. 7, 1998, 112 Stat. 1783, 1785.)

-MISC1-

PRIOR PROVISIONS

A prior section 627 of Pub. L. 89-329 was renumbered section 628

and is classified to section 1131f of this title.

AMENDMENTS

1998 - Pub. L. 105-244, Sec. 603(f), made technical amendment to

reference in original act which appears in text as reference to

section 1131d of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC Sec. 1131f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part C - Institute for International Public Policy

-HEAD-

Sec. 1131f. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated $10,000,000 for fiscal

year 1999 and such sums as may be necessary for each of the 4

succeeding fiscal years to carry out this part.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 628, formerly Sec. 627, as added

Pub. L. 102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 736;

renumbered Sec. 628, and amended Pub. L. 105-244, title VI, Sec.

603(b)(1), (g), Oct. 7, 1998, 112 Stat. 1783, 1786.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244, Sec. 603(g), substituted ''1999'' for

''1993''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC Part D - General Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part D - General Provisions

.

-HEAD-

Part D - General Provisions

-CITE-

20 USC Sec. 1132 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part D - General Provisions

-HEAD-

Sec. 1132. Definitions

-STATUTE-

(a) Definitions

As used in this subchapter -

(1) the term ''area studies'' means a program of comprehensive

study of the aspects of a society or societies, including study

of its history, culture, economy, politics, international

relations and languages;

(2) the term ''international business'' means profit-oriented

business relationships conducted across national boundaries and

includes activities such as the buying and selling of goods,

investments in industries, the licensing of processes, patents

and trademarks, and the supply of services;

(3) the term ''export education'' means educating, teaching and

training to provide general knowledge and specific skills

pertinent to the selling of goods and services to other

countries, including knowledge of market conditions, financial

arrangements, laws and procedures;

(4) the term ''internationalization of curricula'' means the

incorporation of international or comparative perspectives in

existing courses of study or the addition of new components to

the curricula to provide an international context for American

business education;

(5) the term ''comprehensive language and area center'' means

an administrative unit of a university that contributes

significantly to the national interest in advanced research and

scholarship, employs a critical mass of scholars in diverse

disciplines related to a geographic concentration, offers

intensive language training in languages of its area

specialization, maintains important library collections related

to the area, and makes training available in language and area

studies to a graduate, postgraduate, and undergraduate clientele;

and

(6) the term ''undergraduate language and area center'' means

an administrative unit of an institution of higher education,

including but not limited to 4-year colleges, that contributes

significantly to the national interest through the education and

training of students who matriculate into advanced language and

area studies programs, professional school programs, or

incorporates substantial international and foreign language

content into baccalaureate degree programs, engages in research,

curriculum development and community outreach activities designed

to broaden international and foreign language knowledge, employs

faculty with strong language, area, and international studies

credentials, maintains library holdings, including basic

reference works, journals, and works in translation, and makes

training available predominantly to undergraduate students;

(7) the term ''critical languages'' means each of the languages

contained in the list of critical languages designated by the

Secretary pursuant to section 212(d) of the Education for

Economic Security Act (50 Fed. Reg. 149, 31413), except that, in

the implementation of this definition, the Secretary may set

priorities according to the purposes of this subchapter;

(8) the term ''institution of higher education'' means, in

addition to institutions which meet the definition of section

1001 of this title, institutions which meet the requirements of

section 1001 of this title except that (1) they are not located

in the United States, and (2) they apply for assistance under

this subchapter in consortia with institutions which meet the

definition of section 1001 of this title; and

(9) the term ''educational programs abroad'' means programs of

study, internships, or service learning outside the United States

which are part of a foreign language or other international

curriculum at the undergraduate or graduate education levels.

(b) Special conditions

All references to individuals or organizations, unless the

context otherwise requires, mean individuals who are citizens or

permanent residents of the United States or organizations which are

organized or incorporated in the United States.

-SOURCE-

(Pub. L. 89-329, title VI, Sec. 631, as added Pub. L. 102-325,

title VI, Sec. 601, July 23, 1992, 106 Stat. 736; amended Pub. L.

105-244, title I, Sec. 102(b)(8), title VI, Sec. 604(a), Oct. 7,

1998, 112 Stat. 1622, 1786.)

-REFTEXT-

REFERENCES IN TEXT

Section 212(d) of the Education for Economic Security Act,

referred to in subsec. (a)(7), is section 212(d) of Pub. L. 98-377,

title II, Aug. 11, 1984, 98 Stat. 1281, as amended, which was

classified to section 3972(d) of this title and was repealed by

Pub. L. 100-297, title II, Sec. 2303, Apr. 28, 1988, 102 Stat. 324.

-MISC2-

PRIOR PROVISIONS

A prior section 1132, Pub. L. 89-329, title VI, Sec. 622, as

added Pub. L. 96-374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat.

1470; amended Pub. L. 99-498, title VI, Sec. 614, Oct. 17, 1986,

100 Stat. 1520, defined terms used in this subchapter, prior to the

general revision of this subchapter by Pub. L. 102-325.

Another prior section 1132, Pub. L. 89-329, title VI, Sec. 622,

Nov. 8, 1965, 79 Stat. 1266, related to stipends for persons

attending faculty development program institutes, prior to the

general revision of this subchapter by Pub. L. 96-374.

AMENDMENTS

1998 - Subsec. (a)(8). Pub. L. 105-244, Sec. 102(b)(8),

substituted ''section 1001'' for ''section 1141(a)'' in two places

and ''of section 1001'' for ''of 1141(a)''.

Subsec. (a)(9). Pub. L. 105-244, Sec. 604(a), added par. (9).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE

Part effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,

set out as an Effective Date of 1992 Amendment note under section

1001 of this title.

-CITE-

20 USC Sec. 1132-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

Part D - General Provisions

-HEAD-

Sec. 1132-1. Repealed. Pub. L. 105-244, title VI, Sec. 604(b), Oct.

7, 1998, 112 Stat. 1786

-MISC1-

Section, Pub. L. 89-329, title VI, Sec. 632, as added Pub. L.

102-325, title VI, Sec. 601, July 23, 1992, 106 Stat. 737, related

to preservation of pre-1992 programs.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC SUBCHAPTER VII - GRADUATE AND POSTSECONDARY

IMPROVEMENT PROGRAMS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

.

-HEAD-

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

-COD-

CODIFICATION

Title VII of the Higher Education Act of 1965, comprising this

subchapter, was originally enacted by Pub. L. 89-329, title VII,

Nov. 8, 1965, 79 Stat. 1266; amended Pub. L. 92-318, June 23, 1972,

86 Stat. 235; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L.

95-43, June 15, 1977, 91 Stat. 213; Pub. L. 96-49, Aug. 13, 1979,

93 Stat. 351; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L.

99-498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100-50, June 3,

1987, 101 Stat. 335; Pub. L. 100-203, Dec. 22, 1987, 101 Stat.

1330; Pub. L. 100-369, July 18, 1988, 102 Stat. 835; Pub. L.

102-325, July 23, 1992, 106 Stat. 448; Pub. L. 103-208, Dec. 20,

1993, 107 Stat. 2457; Pub. L. 103-382, Oct. 20, 1994, 108 Stat.

3518; Pub. L. 104-208, Sept. 30, 1996, 110 Stat. 3009. Title VII is

shown herein, however, as having been added by Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786, without

reference to those intervening amendments because of the extensive

revision of title VII by Pub. L. 105-244.

-MISC3-

PRIOR PROVISIONS

A prior section 1132a, Pub. L. 89-329, title VII, Sec. 701, as

added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat.

1520; amended Pub. L. 100-50, Sec. 19(1), June 3, 1987, 101 Stat.

360; Pub. L. 102-325, title VII, Sec. 701, July 23, 1992, 106 Stat.

737, authorized programs of assistance for construction,

reconstruction, and renovation of academic facilities, prior to the

general amendment of this subchapter by Pub. L. 105-244.

Another prior section 1132a, Pub. L. 89-329, title VII, Sec. 701,

as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1472, related to purpose of programs of financial assistance

to institutions of higher education and to higher education

building agencies, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 1132a, Pub. L. 89-329, title VII, Sec. 701,

as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86

Stat. 288; amended Pub. L. 94-482, title I, Sec. 161(a), 162(a)(3),

(b), Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 96-49, Sec. 8(a),

Aug. 13, 1979, 93 Stat. 353, authorized appropriations for a

program of grants for the construction, reconstruction, and

renovation of undergraduate facilities, prior to the general

amendment of this subchapter by Pub. L. 96-374.

A prior section 1132a-1, Pub. L. 89-329, title VII, Sec. 702, as

added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat.

1521; amended Pub. L. 100-50, Sec. 19(2), June 3, 1987, 101 Stat.

360; Pub. L. 102-325, title VII, Sec. 702, July 23, 1992, 106 Stat.

738, related to prior rights and obligations prior to the general

amendment of this subchapter by Pub. L. 105-244. For similar

provisions, see section 1011j of this title.

Another prior section 1132a-1, Pub. L. 89-329, title VII, Sec.

702, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1472, authorized appropriations for fiscal years 1981 to 1985

to carry out programs for construction, reconstruction, and

renovation of academic facilities, prior to the general amendment

of this subchapter by Pub. L. 99-498.

Prior sections 1132a-1 to 1132a-7 were omitted in the general

amendment of this subchapter by Pub. L. 96-374.

Section 1132a-1, Pub. L. 89-329, title VII, Sec. 702, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 288;

amended Pub. L. 94-482, title I, Sec. 162(a)(3), Oct. 12, 1976, 90

Stat. 2156, provided for allotments of funds to public community

colleges and technical institutes.

Section 1132a-2, Pub. L. 89-329, title VII, Sec. 703, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 290;

amended Pub. L. 94-482, title I, Sec. 162(a)(3), Oct. 12, 1976, 90

Stat. 2156, related to allotments to institutions of higher

education other than public community colleges and public technical

institutes.

Section 1132a-3, Pub. L. 89-329, title VII, Sec. 704, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 290;

amended Pub. L. 94-482, title I, Sec. 162(a)(3), (c), Oct. 12,

1976, 90 Stat. 2156, 2157, set out the requirements of State plans.

Section 1132a-4, Pub. L. 89-329, title VII, Sec. 705, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 291;

amended Pub. L. 94-482, title I, Sec. 162(a)(3), (4), (d), Oct. 12,

1976, 90 Stat. 2156, 2157, related to the eligibility of

institutions for grants.

Section 1132a-5, Pub. L. 89-329, title VII, Sec. 706, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 292;

amended Pub. L. 94-482, title I, Sec. 162(a)(3), Oct. 12, 1976, 90

Stat. 2156, related to the basic criteria to be applied to State

plans.

Section 1132a-6, Pub. L. 89-329, title VII, Sec. 707, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 292;

amended Pub. L. 94-482, title I, Sec. 162(a)(3), (5), Oct. 12,

1976, 90 Stat. 2156, 2157, related to applications for grants for

construction, renovation, and reconstruction of undergraduate

facilities.

Section 1132a-7, Pub. L. 89-329, title VII, Sec. 708, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 293,

related to the disapproval of State plans and to judicial review.

A prior section 1132b, Pub. L. 89-329, title VII, Sec. 711, as

added Pub. L. 102-325, title VII, Sec. 703, July 23, 1992, 106

Stat. 738, provided that former part A of this subchapter could be

cited as the ''Higher Education Facilities Act of 1992'', prior to

the general amendment of this subchapter by Pub. L. 105-244.

Another prior section 1132b, Pub. L. 89-329, title VII, Sec. 711,

as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100

Stat. 1522, related to State plans for construction,

reconstruction, and renovation of undergraduate academic

facilities, prior to the general amendment of part A of this

subchapter by Pub. L. 102-325.

Another prior section 1132b, Pub. L. 89-329, title VII, Sec. 711,

as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1473, required submission of State plans, prior to the

general amendment of this subchapter by Pub. L. 99-498.

Another prior section 1132b, Pub. L. 89-329, title VII, Sec. 721,

as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86

Stat. 294; amended Pub. L. 94-482, title I, Sec. 161(b), 162(e),

Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 96-49, Sec. 8(b), Aug.

13, 1979, 93 Stat. 353, set out Congressional declaration of

purpose, grant of authority, and authorization of appropriations

for the program of grants for construction, reconstruction, and

renovation of graduate academic facilities, prior to the general

amendment of this subchapter by Pub. L. 96-374.

A prior section 1132b-1, Pub. L. 89-329, title VII, Sec. 712, as

added Pub. L. 102-325, title VII, Sec. 703, July 23, 1992, 106

Stat. 738, stated findings of Congress, prior to the general

amendment of this subchapter by Pub. L. 105-244.

Another prior section 1132b-1, Pub. L. 89-329, title VII, Sec.

712, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986,

100 Stat. 1522, related to basic criteria for consideration of

State plans, prior to the general amendment of part A of this

subchapter by Pub. L. 102-325.

Another prior section 1132b-1, Pub. L. 89-329, title VII, Sec.

712, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1473, related to basic criteria for consideration of State

plans, prior to the general amendment of this subchapter by Pub. L.

99-498.

Another prior section 1132b-1, Pub. L. 89-329, title VII, Sec.

722, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 294, related to authority to make grants to eligible

institutions, prior to the general amendment of this subchapter by

Pub. L. 96-374.

A prior section 1132b-2, Pub. L. 89-329, title VII, Sec. 713, as

added Pub. L. 102-325, title VII, Sec. 703, July 23, 1992, 106

Stat. 738, related to distribution of assistance, prior to the

general amendment of this subchapter by Pub. L. 105-244.

Another prior section 1132b-2, Pub. L. 89-329, title VII, Sec.

713, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986,

100 Stat. 1522, related to allotment of funds, prior to the general

amendment of part A of this subchapter by Pub. L. 102-325.

Another prior section 1132b-2, Pub. L. 89-329, title VII, Sec.

713, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1473, related to allotment of appropriations among States,

prior to the general amendment of this subchapter by Pub. L.

99-498.

Prior sections 1132b-3 to 1132b-5 were omitted in the general

amendment of this subchapter by Pub. L. 105-244.

Section 1132b-3, Pub. L. 89-329, title VII, Sec. 714, as added

Pub. L. 102-325, title VII, Sec. 703, July 23, 1992, 106 Stat. 740;

amended Pub. L. 103-208, Sec. 2(j)(14), Dec. 20, 1993, 107 Stat.

2481, related to use of funds.

Section 1132b-4, Pub. L. 89-329, title VII, Sec. 715, as added

Pub. L. 102-325, title VII, Sec. 703, July 23, 1992, 106 Stat. 740;

amended Pub. L. 103-208, Sec. 2(j)(15), Dec. 20, 1993, 107 Stat.

2481, related to applications for allotments and grants.

Section 1132b-5, Pub. L. 89-329, title VII, Sec. 716, as added

Pub. L. 102-325, title VII, Sec. 703, July 23, 1992, 106 Stat. 741,

authorized appropriations for former part A of this subchapter.

A prior section 1132c, Pub. L. 89-329, title VII, Sec. 721, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 741, which stated findings of Congress, was renumbered

section 341 of title III of Pub. L. 89-329 by Pub. L. 105-244,

title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and

transferred to section 1066 of this title.

Another prior section 1132c, Pub. L. 89-329, title VII, Sec. 721,

as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100

Stat. 1524, related to grants for construction, reconstruction, and

renovation of graduate academic facilities, prior to the general

amendment of part B of this subchapter by Pub. L. 102-325.

Another prior section 1132c, Pub. L. 89-329, title VII, Sec. 721,

as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1475, authorized grants to graduate institutions of higher

education, prior to the general amendment of this subchapter by

Pub. L. 99-498.

Another prior section 1132c, Pub. L. 89-329, title VII, Sec. 741,

as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86

Stat. 295; amended Pub. L. 94-482, title I, Sec. 161(c), 162(a)(3),

Oct. 12, 1976, 90 Stat. 2156; Pub. L. 96-49, Sec. 8(c)(1), Aug. 13,

1979, 93 Stat. 353, set out grant of authority and authorization of

appropriations for program of loans for construction,

reconstruction, and renovation of academic facilities, prior to the

general amendment of this subchapter by Pub. L. 96-374.

A prior section 1132c-1, Pub. L. 89-329, title VII, Sec. 722, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 742, which defined terms, was renumbered section 342 of title

III of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec.

301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to

section 1066a of this title.

Another prior section 1132c-1, Pub. L. 89-329, title VII, Sec.

742, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 295; amended Pub. L. 94-482, title I, Sec. 162(a)(3), (6),

Oct. 12, 1976, 90 Stat. 2156, 2157, related to eligibility,

conditions, amounts, and terms of loans for construction,

reconstruction, and renovation of academic facilities, prior to the

general amendment of this subchapter by Pub. L. 96-374.

A prior section 1132c-2, Pub. L. 89-329, title VII, Sec. 723, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 743, and amended, which related to Federal insurance for

bonds, was renumbered section 343 of title III of Pub. L. 89-329 by

Pub. L. 105-244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112

Stat. 1636, and transferred to section 1066b of this title.

Another prior section 1132c-2, Pub. L. 89-329, title VII, Sec.

743, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 296; amended Pub. L. 94-482, title I, Sec. 162(f), Oct.

12, 1976, 90 Stat. 2157, contained general provisions covering

programs of loans for construction, reconstruction, and renovation

of academic facilities, prior to the general amendment of this

subchapter by Pub. L. 96-374.

A prior section 1132c-3, Pub. L. 89-329, title VII, Sec. 724, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 745, which related to limitations on Federal insurance for

bonds issued by designated bonding authority, was renumbered

section 344 of title III of Pub. L. 89-329 by Pub. L. 105-244,

title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and

transferred to section 1066c of this title.

Another prior section 1132c-3, Pub. L. 89-329, title VII, Sec.

744, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 296, provided for creation of Revolving Loan Fund and

Insurance Fund, prior to the general amendment of this subchapter

by Pub. L. 96-374.

A prior section 1132c-4, Pub. L. 89-329, title VII, Sec. 725, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 745, and amended, which related to authority of Secretary,

was renumbered section 345 of title III of Pub. L. 89-329 by Pub.

L. 105-244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat.

1636, and transferred to section 1066d of this title.

Another prior section 1132c-4, Pub. L. 89-329, title VII, Sec.

745, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 297; amended Pub. L. 94-482, title I, Sec. 161(d),

162(a)(3), (g), Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 95-43,

Sec. 1(b)(6), June 15, 1977, 91 Stat. 218; Pub. L. 96-49, Sec.

8(c)(2), Aug. 13, 1979, 93 Stat. 353, related to annual interest

grants, prior to the general amendment of this subchapter by Pub.

L. 96-374.

A prior section 1132c-5, Pub. L. 89-329, title VII, Sec. 726, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 746, and amended, which restricted receipt of grants under

former part A of this subchapter, was renumbered section 346 of

title III of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec.

301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, transferred to

section 1066e of this title, and subsequently repealed.

Another prior section 1132c-5, Pub. L. 89-329, title VII, Sec.

746, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 298; amended Pub. L. 94-482, title I, Sec. 162(a)(3), Oct.

12, 1976, 90 Stat. 2156, related to academic facilities loan

insurance, prior to the general amendment of this subchapter by

Pub. L. 96-374.

A prior section 1132c-6, Pub. L. 89-329, title VII, Sec. 727, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 746, which related to HBCU Capital Financing Advisory Board,

was renumbered section 347 of title III of Pub. L. 89-329 by Pub.

L. 105-244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat.

1636, and transferred to section 1066f of this title.

A prior section 1132c-7, Pub. L. 89-329, title VII, Sec. 728, as

added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106

Stat. 747, which related to minority business enterprise

utilization, was renumbered section 348 of title III of Pub. L.

89-329 by Pub. L. 105-244, title III, Sec. 301(a)(3), (4), Oct. 7,

1998, 112 Stat. 1636, and transferred to section 1066g of this

title.

A prior section 1132d, Pub. L. 89-329, title VII, Sec. 731, as

added Pub. L. 102-325, title VII, Sec. 705, July 23, 1992, 106

Stat. 747; amended Pub. L. 103-208, Sec. 2(j)(18), (19), Dec. 20,

1993, 107 Stat. 2481, related to Federal assistance in form of

loans, prior to the general amendment of this subchapter by Pub. L.

105-244.

Another prior section 1132d, Pub. L. 89-329, title VII, Sec. 731,

as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100

Stat. 1525; amended Pub. L. 100-50, Sec. 19(3), June 3, 1987, 101

Stat. 360, related to eligibility conditions, amounts, and terms of

loans for construction, reconstruction, and renovation of academic

facilities, prior to the general amendment of part C of this

subchapter by Pub. L. 102-325.

Another prior section 1132d, Pub. L. 89-329, title VII, Sec. 731,

as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1475, related to eligibility conditions, amounts, and terms

of loans for construction, reconstruction, and renovation of

academic facilities, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 1132d, Pub. L. 89-329, title VII, Sec. 761,

as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86

Stat. 299, authorized appropriations for the program of assistance

to major disaster areas, prior to the general amendment of this

subchapter by Pub. L. 96-374.

A prior section 1132d-1, Pub. L. 89-329, title VII, Sec. 732, as

added Pub. L. 102-325, title VII, Sec. 705, July 23, 1992, 106

Stat. 748, contained general provisions relating to functions,

powers, and duties of the Secretary under former part C of this

subchapter, prior to the general amendment of this subchapter by

Pub. L. 105-244.

Another prior section 1132d-1, Pub. L. 89-329, title VII, Sec.

732, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986,

100 Stat. 1526; amended Pub. L. 100-369, Sec. 7(c), July 18, 1988,

102 Stat. 837, set out general provisions for loan program, prior

to the general amendment of part C of this subchapter by Pub. L.

102-325.

Another prior section 1132d-1, Pub. L. 89-329, title VII, Sec.

732, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1475, set out general provisions for program of loans for

construction, reconstruction, and renovation of academic

facilities, prior to the general amendment of this subchapter by

Pub. L. 99-498.

Another prior section 1132d-1, Pub. L. 89-329, title VII, Sec.

762, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 299; amended Pub. L. 94-482, title I, Sec. 161(e), 162(h),

Oct. 12, 1979, 90 Stat. 2156, 2157, provided for disaster

assistance for replacement or restoration of academic facilities,

prior to the general amendment of this subchapter by Pub. L.

96-374.

A prior section 1132d-2, Pub. L. 89-329, title VII, Sec. 733, as

added Pub. L. 102-325, title VII, Sec. 705, July 23, 1992, 106

Stat. 750, related to apportionment of funds, prior to the general

amendment of this subchapter by Pub. L. 105-244.

Another prior section 1132d-2, Pub. L. 89-329, title VII, Sec.

733, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986,

100 Stat. 1527; amended Pub. L. 100-50, Sec. 19(4), June 3, 1987,

101 Stat. 360, related to revolving loan fund, prior to the general

amendment of part C of this subchapter by Pub. L. 102-325.

Another prior section 1132d-2, Pub. L. 89-329, title VII, Sec.

733, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1476, related to revolving loan and insurance fund, prior to

the general amendment of this subchapter by Pub. L. 99-498.

Another prior section 1132d-2, Pub. L. 89-329, title VII, Sec.

763, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 300, related to grants for the purchase of equipment and

supplies, prior to the general amendment of this subchapter by Pub.

L. 96-374.

A prior section 1132d-3, Pub. L. 89-329, title VII, Sec. 734, as

added Pub. L. 102-325, title VII, Sec. 705, July 23, 1992, 106

Stat. 751; amended Pub. L. 103-208, Sec. 2(j)(20), Dec. 20, 1993,

107 Stat. 2481, defined terms, prior to the general amendment of

this subchapter by Pub. L. 105-244.

Another prior section 1132d-3, Pub. L. 89-329, title VII, Sec.

734, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1477, related to annual interest grants to assist

institutions of higher education and higher education building

agencies, prior to the general amendment of this subchapter by Pub.

L. 99-498.

Another prior section 1132d-3, Pub. L. 89-329, title VII, Sec.

764, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 300, related to repayable assistance in lieu of a grant,

prior to the general amendment of this subchapter by Pub. L.

96-374.

A prior section 1132d-4, Pub. L. 89-329, title VII, Sec. 735, as

added Pub. L. 102-325, title VII, Sec. 705, July 23, 1992, 106

Stat. 753, authorized appropriations for former part C of this

subchapter, prior to the general amendment of this subchapter by

Pub. L. 105-244.

Another prior section 1132d-4, Pub. L. 89-329, title VII, Sec.

735, as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1477, related to academic facilities loan insurance, prior to

the general amendment of this subchapter by Pub. L. 99-498.

Another prior section 1132d-4, Pub. L. 89-329, title VII, Sec.

765, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 300, related to applications for assistance to

institutions of higher education, prior to the general amendment of

this subchapter by Pub. L. 96-374.

Prior sections 1132d-5 and 1132d-11 were omitted in the general

amendment of this subchapter by Pub. L. 96-374.

Section 1132d-5, Pub. L. 89-329, title VII, Sec. 766, as added

Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300,

defined ''major disaster'' and ''public institution of higher

education''.

Section 1132d-11, Pub. L. 89-329, title VII, Sec. 771, as added

Pub. L. 94-482, title I, Sec. 162(i), Oct. 12, 1976, 90 Stat. 2157;

amended Pub. L. 95-43, Sec. 1(a)(43), June 15, 1977, 91 Stat. 217,

provided for a program of grants or loans for reconstruction or

renovation of academic facilities.

A prior section 1132e, Pub. L. 89-329, title VII, Sec. 741, as

added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat.

1528, provided for annual interest grants to assist institutions of

higher education in reducing the cost of borrowing money, prior to

repeal by Pub. L. 102-325, Sec. 2, title VII, Sec. 706, July 23,

1992, 106 Stat. 458, 753, effective Oct. 1, 1992.

Another prior section 1132e, Pub. L. 89-329, title VII, Sec. 741,

as added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94

Stat. 1478, related to recovery of payments of grants and use of

projects, prior to the general amendment of this subchapter by Pub.

L. 99-498.

Another prior section 1132e, Pub. L. 89-329, title VII, Sec. 781,

as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972, 86

Stat. 300; amended Pub. L. 94-482, title I, Sec. 162(a)(3), (4),

Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 95-43, Sec. 1(a)(44),

June 15, 1977, 91 Stat. 218, related to the recovery of payments,

prior to the general amendment of this subchapter by Pub. L.

96-374.

A prior section 1132e-1, Pub. L. 89-329, title VII, Sec. 742, as

added Pub. L. 96-374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat.

1479, defined terms used in this subchapter, prior to the general

amendment of this subchapter by Pub. L. 99-498.

Another prior section 1132e-1, Pub. L. 89-329, title VII, Sec.

782, as added Pub. L. 92-318, title I, Sec. 161(a), June 23, 1972,

86 Stat. 301; amended Pub. L. 94-482, title I, Sec. 162(a)(3), (4),

(j), Oct. 12, 1976, 90 Stat. 2156-2158, defined terms used in this

subchapter, prior to the general amendment of this subchapter by

Pub. L. 96-374.

Prior sections 1132f to 1132f-9 were repealed by Pub. L. 104-208,

div. A, title I, Sec. 101(e) (title VI, Sec. 603(d)), Sept. 30,

1996, 110 Stat. 3009-233, 3009-293.

Section 1132f, Pub. L. 89-329, title VII, Sec. 751, as added Pub.

L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1528,

related to congressional declaration of purpose of this part to

authorize participation of United States Government and Student

Loan Marketing Association in private, for profit corporation known

as College Construction Loan Insurance Association, and defined

''education facilities purpose''.

Section 1132f-1, Pub. L. 89-329, title VII, Sec. 752, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1529;

amended Pub. L. 102-325, title VII, Sec. 707(b), July 23, 1992, 106

Stat. 753, related to criteria used by Corporation for providing

guarantees and insurance on obligations issued for education

facilities purposes.

Section 1132f-2, Pub. L. 89-329, title VII, Sec. 753, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1530,

related to process of organizing Corporation.

Section 1132f-3, Pub. L. 89-329, title VII, Sec. 754, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1531,

related to operation and election of Corporation's Board of

Directors.

Section 1132f-4, Pub. L. 89-329, title VII, Sec. 755, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1531,

related to initial capitalization of Corporation.

Section 1132f-5, Pub. L. 89-329, title VII, Sec. 756, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1532,

related to issuance of nonvoting stock and debt to public.

Section 1132f-6, Pub. L. 89-329, title VII, Sec. 757, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1532,

provided that no obligation which is insured, guaranteed, or

otherwise backed by Corporation be deemed to be guaranteed by full

faith and credit of United States or guaranteed by Student Loan

Marketing Association, with provision that this section not affect

determination of whether such obligation is guaranteed for purposes

of Federal income taxes.

Section 1132f-7, Pub. L. 89-329, title VII, Sec. 758, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1532,

related to authority of Secretary to sell common stock of

Corporation and Student Loan Marketing Association's right of first

refusal.

Section 1132f-8, Pub. L. 89-329, title VII, Sec. 759, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1533,

related to use of stock sale proceeds.

Section 1132f-9, Pub. L. 89-329, title VII, Sec. 760, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1533,

provided for audits and reports to President and Congress.

A prior section 1132f-10, Pub. L. 104-208, div. A, title I, Sec.

101(e) (title VI, Sec. 603), Sept. 30, 1996, 110 Stat. 3009-233,

3009-290, which related to Connie Lee privatization, was

transferred to section 1155 of this title.

Prior sections 1132g to 1132g-3 and 1132h to 1132h-6 were

repealed by Pub. L. 102-325, Sec. 2, title VII, Sec. 706, July 23,

1992, 106 Stat. 458, 753, effective Oct. 1, 1992.

Section 1132g, Pub. L. 89-329, title VII, Sec. 761, as added Pub.

L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1533,

related to Federal assistance to undergraduate postsecondary

educational institutions in form of loans.

Section 1132g-1, Pub. L. 89-329, title VII, Sec. 762, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1535;

amended Pub. L. 100-369, Sec. 7(c), July 18, 1988, 102 Stat. 837,

set out general provisions applicable to loans, including budget

and accounting, use of funds, legal powers of Secretary in loan

program, and limitations.

Section 1132g-2, Pub. L. 89-329, title VII, Sec. 763, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1537,

directed that not more than 12.5 percent of loan funds be made

available in any one State and set priorities as to types of

projects to be approved.

Section 1132g-3, Pub. L. 89-329, title VII, Sec. 764, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1537;

amended Pub. L. 100-50, Sec. 19(5), June 3, 1987, 101 Stat. 360,

defined terms used in sections 1132g to 1132g-3 of this title.

Section 1132h, Pub. L. 89-329, title VII, Sec. 771, as added Pub.

L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1539,

provided for financial assistance to Eastern Michigan University in

Ypsilanti, Michigan, for renovation and restoration of Welch Hall.

Section 1132h-1, Pub. L. 89-329, title VII, Sec. 772, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1539,

provided for financial assistance to Rochester Institute of

Technology in Rochester, New York, for Federal share of

construction and related costs of Academic Health Education Center

facility.

Section 1132h-2, Pub. L. 89-329, title VII, Sec. 773, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1540,

provided financial assistance to Shaw University of Raleigh, North

Carolina, for renovation and restoration of Estey Hall.

Section 1132h-3, Pub. L. 89-329, title VII, Sec. 774, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1540,

provided for an electronic instructional network for gifted and

talented students.

Section 1132h-4, Pub. L. 89-329, title VII, Sec. 775, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1541,

provided for financial assistance to Bethune-Cookman College in

Volusia County, Florida, for establishment of Mary McLeod Bethune

Memorial Fine Arts Center.

Section 1132h-5, Pub. L. 89-329, title VII, Sec. 776, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1541,

provided for financial assistance for University of Connecticut

Behavioral Science Facility at Storrs, Connecticut.

Section 1132h-6, Pub. L. 89-329, title VII, Sec. 777, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1541,

provided for financial assistance for the establishment of a

business administration program at University of Rhode Island in

Kingston, Rhode Island.

Prior sections 1132i to 1132i-2 were omitted in the general

amendment of this subchapter by Pub. L. 105-244.

Section 1132i, Pub. L. 89-329, title VII, Sec. 781, as added Pub.

L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1542;

amended Pub. L. 102-325, title VII, Sec. 708(b), July 23, 1992, 106

Stat. 754; Pub. L. 103-208, Sec. 2(j)(21), Dec. 20, 1993, 107 Stat.

2481, related to recovery of payments upon cessation of public

benefit. See section 1011k of this title.

Section 1132i-1, (Pub. L. 89-329, title VII, Sec. 782, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1542;

amended Pub. L. 100-50, Sec. 19(6), June 3, 1987, 101 Stat. 360;

Pub. L. 102-325, title VII, Sec. 708(c), July 23, 1992, 106 Stat.

754; Pub. L. 103-208, Sec. 2(j)(22), Dec. 20, 1993, 107 Stat. 2481,

defined terms used in this subchapter.

Section 1132i-2, Pub. L. 89-329, title VII, Sec. 783, as added

Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1545;

amended Pub. L. 100-203, title III, Sec. 3101, Dec. 22, 1987, 101

Stat. 1330-39; Pub. L. 102-325, title VII, Sec. 708(d), July 23,

1992, 106 Stat. 754; Pub. L. 103-208, Sec. 2(j)(23), Dec. 20, 1993,

107 Stat. 2481, related to forgiveness of certain loans.

A prior section 1132j, Pub. L. 89-329, title VII, Sec. 795, as

added Pub. L. 100-418, title VI, Sec. 6211, Aug. 23, 1988, 102

Stat. 1517, provided for a program of agricultural, strategic

metals, minerals, forestry, and oceans college and university

research facilities and instrumentation modernization, prior to

repeal by Pub. L. 102-325, Sec. 2, title VII, Sec. 706, July 23,

1992, 106 Stat. 458, 753, effective Oct. 1, 1992.

-CITE-

20 USC Sec. 1133 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

-HEAD-

Sec. 1133. Purpose

-STATUTE-

It is the purpose of this subchapter -

(1) to authorize national graduate fellowship programs -

(A) in order to attract students of superior ability and

achievement, exceptional promise, and demonstrated financial

need, into high-quality graduate programs and provide the

students with the financial support necessary to complete

advanced degrees; and

(B) that are designed to -

(i) sustain and enhance the capacity for graduate education

in areas of national need; and

(ii) encourage talented students to pursue scholarly

careers in the humanities, social sciences, and the arts; and

(2) to promote postsecondary programs.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 700, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1133 to 1133c, which comprised a prior subchapter

VIII of this chapter, were repealed by Pub. L. 105-244, Sec. 3,

title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective

Oct. 1, 1998.

Section 1133, Pub. L. 89-329, title VIII, Sec. 801, as added Pub.

L. 99-498, title VIII, Sec. 801, Oct. 17, 1986, 100 Stat. 1546;

amended Pub. L. 102-325, title VIII, Sec. 801, July 23, 1992, 106

Stat. 755, stated purpose of former subchapter VIII of this chapter

and defined ''cooperative education''.

Another prior section 1133, Pub. L. 89-329, title VIII, Sec. 801,

as added Pub. L. 94-482, title I, Sec. 129(b), Oct. 12, 1976, 90

Stat. 2144; amended Pub. L. 96-374, title VIII, Sec. 801(a), (b),

title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1481, 1482,

1503, authorized appropriations for fiscal years 1976 to 1985 for

grants and contracts for cooperative education, prior to the

general amendment of subchapter VIII of this chapter by Pub. L.

99-498.

Another prior section 1133, Pub. L. 89-329, title VIII, Sec. 801,

as added Pub. L. 90-575, title II, Sec. 251, Oct. 16, 1968, 82

Stat. 1042; amended Pub. L. 92-318, title I, Sec. 172(a), June 23,

1972, 86 Stat. 304, authorized projects and grants for sharing

educational and related resources by institutions of higher

education, prior to the general amendment of subchapter VIII of

this chapter by Pub. L. 94-482.

Section 1133a, Pub. L. 89-329, title VIII, Sec. 802, as added

Pub. L. 99-498, title VIII, Sec. 801, Oct. 17, 1986, 100 Stat.

1546; amended Pub. L. 102-325, title VIII, Sec. 801, July 23, 1992,

106 Stat. 755; Pub. L. 103-208, Sec. 2(j)(24), Dec. 20, 1993, 107

Stat. 2482, authorized appropriations for former subchapter VIII of

this chapter.

Another prior section 1133a, Pub. L. 89-329, title VIII, Sec.

802, as added Pub. L. 94-482, title I, Sec. 129(b), Oct. 12, 1976,

90 Stat. 2145; amended Pub. L. 96-374, title VIII, Sec. 801(c),

(d), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1482,

1503, authorized grants for programs of cooperative education,

prior to the general amendment of subchapter VIII of this chapter

by Pub. L. 99-498.

Another prior section 1133a, Pub. L. 89-329, title VIII, Sec.

802, as added Pub. L. 90-575, title II, Sec. 251, Oct. 16, 1968, 82

Stat. 1043; amended Pub. L. 92-318, title I, Sec. 171, June 23,

1972, 86 Stat. 304, authorized appropriations for projects and

grants for sharing educational and related resources, prior to the

general amendment of subchapter VIII of this chapter by Pub. L.

94-482.

Section 1133b, Pub. L. 89-329, title VIII, Sec. 803, as added

Pub. L. 99-498, title VIII, Sec. 801, Oct. 17, 1986, 100 Stat.

1548; amended Pub. L. 102-325, title VIII, Sec. 801, July 23, 1992,

106 Stat. 756; Pub. L. 103-208, Sec. 2(j)(25), (26), Dec. 20, 1993,

107 Stat. 2482, authorized grants for cooperative education.

Another prior section 1133b, Pub. L. 89-329, title VIII, Sec.

803, as added Pub. L. 94-482, title I, Sec. 129(b), Oct. 12, 1976,

90 Stat. 2146; amended Pub. L. 96-374, title XIII, Sec. 1391(a)(1),

Oct. 3, 1980, 94 Stat. 1503, authorized grants and contracts for

training and research related to cooperative education, prior to

the general amendment of subchapter VIII of this chapter by Pub. L.

99-498.

Another prior section 1133b, Pub. L. 89-329, title VIII, Sec.

803, as added Pub. L. 90-575, title II, Sec. 251, Oct. 16, 1968, 82

Stat. 1043, authorized free or reduced rates for sharing

educational or related resources by institutions of higher

education, prior to the general amendment of subchapter VIII of

this chapter by Pub. L. 94-482.

Section 1133c, Pub. L. 89-329, title VIII, Sec. 804, as added

Pub. L. 102-325, title VIII, Sec. 801, July 23, 1992, 106 Stat.

759, authorized grants and contracts for demonstration and

innovation projects, training and resource centers, and research.

CONTINUATION OF CHAPTER 21 PROGRAMS

Pub. L. 92-318, title I, Sec. 161(b)(1), June 23, 1972, 86 Stat.

303, provided that: ''The programs authorized by title VII of the

Higher Education Act of 1965 (this subchapter) shall be deemed to

be a continuation of the comparable programs authorized by the

Higher Education Facilities Act of 1963 (former section 701 et seq.

of this title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1137 of this title.

-CITE-

20 USC Part A - Graduate Education Programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

.

-HEAD-

Part A - Graduate Education Programs

-CITE-

20 USC subpart 1 - jacob k. javits fellowship program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 1 - jacob k. javits fellowship program

.

-HEAD-

subpart 1 - jacob k. javits fellowship program

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 1137 of this title.

-CITE-

20 USC Sec. 1134 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 1 - jacob k. javits fellowship program

-HEAD-

Sec. 1134. Award of Jacob K. Javits fellowships

-STATUTE-

(a) Authority and timing of awards

The Secretary is authorized to award fellowships in accordance

with the provisions of this subpart for graduate study in the arts,

humanities, and social sciences by students of superior ability

selected on the basis of demonstrated achievement, financial need,

and exceptional promise. The fellowships shall be awarded to

students who are eligible to receive any grant, loan, or work

assistance pursuant to section 1091 of this title and intend to

pursue a doctoral degree, except that fellowships may be granted to

students pursuing a master's degree in those fields in which the

master's degree is the terminal highest degree awarded in the area

of study. All funds appropriated in a fiscal year shall be

obligated and expended to the students for fellowships for use in

the academic year beginning after July 1 of the fiscal year

following the fiscal year for which the funds were appropriated.

The fellowships shall be awarded for only 1 academic year of study

and shall be renewable for a period not to exceed 4 years of study.

(b) Designation of fellows

Students receiving awards under this subpart shall be known as

''Jacob K. Javits Fellows''.

(c) Interruptions of study

The institution of higher education may allow a fellowship

recipient to interrupt periods of study for a period not to exceed

12 months for the purpose of work, travel, or independent study

away from the campus, if such independent study is supportive of

the fellowship recipient's academic program and shall continue

payments for those 12-month periods during which the student is

pursuing travel or independent study supportive of the recipient's

academic program.

(d) Process and timing of competition

The Secretary shall make applications for fellowships under this

part available not later than October 1 of the academic year

preceding the academic year for which fellowships will be awarded,

and shall announce the recipients of fellowships under this section

not later than March 1 of the academic year preceding the academic

year for which the fellowships are awarded.

(e) Authority to contract

The Secretary is authorized to enter into a contract with a

nongovernmental agency to administer the program assisted under

this part if the Secretary determines that entering into the

contract is an efficient means of carrying out the program.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 701, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134h of this title, prior to repeal by Pub. L. 105-244.

A prior section 1134, Pub. L. 89-329, title IX, Sec. 901, as

added Pub. L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100

Stat. 1549; amended Pub. L. 102-325, title IX, Sec. 901, July 23,

1992, 106 Stat. 760; Pub. L. 103-208, Sec. 2(j)(27), Dec. 20, 1993,

107 Stat. 2482, stated purpose of former subchapter IX of this

chapter and contained administrative provisions, prior to repeal by

Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112

Stat. 1585, 1803, effective Oct. 1, 1998.

Another prior section 1134, Pub. L. 89-329, title IX, Sec. 901,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 304; amended Pub. L. 94-482, title I, Sec. 171(a)(1), (2),

Oct. 12, 1976, 90 Stat. 2159; Pub. L. 96-49, Sec. 9(a), Aug. 13,

1979, 93 Stat. 353; Pub. L. 96-374, title IX, Sec. 901(a), title

XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1482, 1503, set forth

Congressional declaration of purpose and authorized appropriations

for grants to institutions of higher education, prior to the

general amendment of subchapter IX of this chapter by Pub. L.

99-498.

Another prior section 1134, Pub. L. 89-329, title IX, Sec. 901,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1043, set forth Congressional declaration of purpose

respecting education for the public service, prior to repeal by

Pub. L. 92-318.

A prior section 701 of Pub. L. 89-329 was classified to section

1132a of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 701 of Pub. L. 89-329 was classified to

section 1132a of this title, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 701 of Pub. L. 89-329 was classified to

section 1132a of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1134a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 1 - jacob k. javits fellowship program

-HEAD-

Sec. 1134a. Allocation of fellowships

-STATUTE-

(a) Fellowship Board

(1) Appointment

The Secretary shall appoint a Jacob K. Javits Fellows Program

Fellowship Board (hereinafter in this subpart referred to as the

''Board'') consisting of 9 individuals representative of both

public and private institutions of higher education who are

especially qualified to serve on the Board. In making

appointments, the Secretary shall give due consideration to the

appointment of individuals who are highly respected in the

academic community. The Secretary shall assure that individuals

appointed to the Board are broadly representative of a range of

disciplines in graduate education in arts, humanities, and social

sciences.

(2) Duties

The Board shall -

(A) establish general policies for the program established by

this subpart and oversee the program's operation;

(B) establish general criteria for the award of fellowships

in academic fields identified by the Board, or, in the event

that the Secretary enters into a contract with a

nongovernmental entity to administer the program assisted under

this subpart, by such nongovernmental entity;

(C) appoint panels of academic scholars with distinguished

backgrounds in the arts, humanities, and social sciences for

the purpose of selecting fellows, except that, in the event

that the Secretary enters into a contract with a

nongovernmental entity to administer the program, such panels

may be appointed by such nongovernmental entity; and

(D) prepare and submit to the Congress at least once in every

3-year period a report on any modifications in the program that

the Board determines are appropriate.

(3) Consultations

In carrying out its responsibilities, the Board shall consult

on a regular basis with representatives of the National Science

Foundation, the National Endowment for the Humanities, the

National Endowment for the Arts, and representatives of

institutions of higher education and associations of such

institutions, learned societies, and professional organizations.

(4) Term

The term of office of each member of the Board shall be 4

years, except that any member appointed to fill a vacancy shall

serve for the remainder of the term for which the predecessor of

the member was appointed. No member may serve for a period in

excess of 6 years.

(5) Initial meeting; vacancy

The Secretary shall call the first meeting of the Board, at

which the first order of business shall be the election of a

Chairperson and a Vice Chairperson, who shall serve until 1 year

after the date of the appointment of the Chairperson and Vice

Chairperson. Thereafter each officer shall be elected for a term

of 2 years. In case a vacancy occurs in either office, the Board

shall elect an individual from among the members of the Board to

fill such vacancy.

(6) Quorum; additional meetings

(A) A majority of the members of the Board shall constitute a

quorum.

(B) The Board shall meet at least once a year or more

frequently, as may be necessary, to carry out the Board's

responsibilities.

(7) Compensation

Members of the Board, while serving on the business of the

Board, shall be entitled to receive compensation at rates fixed

by the Secretary, but not exceeding the rate of basic pay payable

for level IV of the Executive Schedule, including travel time,

and while so serving away from their homes or regular places of

business, the members may be allowed travel expenses, including

per diem in lieu of subsistence, as authorized by section 5703 of

title 5 for persons in Government service employed

intermittently.

(b) Use of selection panels

The recipients of fellowships shall be selected in each

designated field from among all applicants nationwide in each field

by distinguished panels appointed by the Board to make such

selections under criteria established by the Board, except that, in

the event that the Secretary enters into a contract with a

nongovernmental entity to administer the program, such panels may

be appointed by such nongovernmental entity. The number of

recipients in each field in each year shall not exceed the number

of fellows allocated to that field for that year by the Board.

(c) Fellowship portability

Each recipient shall be entitled to use the fellowship in a

graduate program at any accredited institution of higher education

in which the recipient may decide to enroll.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 702, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1787.)

-REFTEXT-

REFERENCES IN TEXT

Level IV of the Executive Schedule, referred to in subsec.

(a)(7), is set out in section 5315 of Title 5, Government

Organization and Employees.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134i of this title, prior to repeal by Pub. L. 105-244.

A prior section 1134a, Pub. L. 89-329, title IX, Sec. 911, as

added Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat.

761, authorized grants to encourage women and minority

participation in graduate education, prior to repeal by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998.

Another prior section 1134a, Pub. L. 89-329, title IX, Sec. 902,

as added Pub. L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100

Stat. 1550, related to submission and contents of applications,

prior to the general amendment of part A of subchapter IX of this

chapter by Pub. L. 102-325.

Another prior section 1134a, Pub. L. 89-329, title IX, Sec. 902,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 305; amended Pub. L. 94-482, title I, Sec. 171(a)(3), Oct.

12, 1976, 90 Stat. 2159; Pub. L. 96-374, title XIII, Sec.

1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, related to applications

for grants to institutions of higher education, prior to the

general amendment of subchapter IX of this chapter by Pub. L.

99-498.

Another prior section 1134a, Pub. L. 89-329, title IX, Sec. 903,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1043, related to project grants and contracts to strengthen

and improve education for the public service, prior to repeal by

Pub. L. 92-318.

A prior section 702 of Pub. L. 89-329 was classified to section

1132a-1 of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 702 of Pub. L. 89-329 was classified to

section 1132a-1 of this title, prior to the general amendment of

this subchapter by Pub. L. 99-498.

Another prior section 702 of Pub. L. 89-329 was classified to

section 1132a-1 of this title, prior to the general amendment of

this subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1134b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 1 - jacob k. javits fellowship program

-HEAD-

Sec. 1134b. Stipends

-STATUTE-

(a) Award by Secretary

The Secretary shall pay to individuals awarded fellowships under

this subpart such stipends as the Secretary may establish,

reflecting the purpose of this program to encourage highly talented

students to undertake graduate study as described in this subpart.

In the case of an individual who receives such individual's first

stipend under this subpart in academic year 1999-2000 or any

succeeding academic year, such stipend shall be set at a level of

support equal to that provided by the National Science Foundation

graduate fellowships, except such amount shall be adjusted as

necessary so as not to exceed the fellow's demonstrated level of

need determined in accordance with part E of subchapter IV of this

chapter.

(b) Institutional payments

(1) In general

(A) The Secretary shall (in addition to stipends paid to

individuals under this subpart) pay to the institution of higher

education, for each individual awarded a fellowship under this

subpart at such institution, an institutional allowance. Except

as provided in subparagraph (B), such allowance shall be, for

1999-2000 and succeeding academic years, the same amount as the

institutional payment made for 1998-1999 under section 1134j(b)

of this title (as such section was in effect on the day before

October 7, 1998) adjusted for 1999-2000 and annually thereafter

in accordance with inflation as determined by the Department of

Labor's Consumer Price Index for the previous calendar year.

(B) The institutional allowance paid under subparagraph (A)

shall be reduced by the amount the institution charges and

collects from a fellowship recipient for tuition and other

expenses as part of the recipient's instructional program.

(2) Special rules

(A) Beginning March 1, 1992, any applicant for a fellowship

under this subpart who has been notified in writing by the

Secretary that such applicant has been selected to receive such a

fellowship and is subsequently notified that the fellowship award

has been withdrawn, shall receive such fellowship unless the

Secretary subsequently makes a determination that such applicant

submitted fraudulent information on the application.

(B) Subject to the availability of appropriations, amounts

payable to an institution by the Secretary pursuant to this

subsection shall not be reduced for any purpose other than the

purposes specified under paragraph (1).

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 703, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1789.)

-REFTEXT-

REFERENCES IN TEXT

Section 1134j of this title, referred to in subsec. (b)(1), was

repealed by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7,

1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134j of this title, prior to repeal by Pub. L. 105-244.

A prior section 1134b, Pub. L. 89-329, title IX, Sec. 912, as

added Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat.

761, related to submission and contents of application for

assistance, prior to repeal by Pub. L. 105-244, Sec. 3, title VII,

Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1,

1998.

Another prior section 1134b, Pub. L. 89-329, title IX, Sec. 903,

as added Pub. L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100

Stat. 1550, related to use of award funds, prior to the general

amendment of part A of subchapter IX of this chapter by Pub. L.

102-325.

Another prior section 1134b, Pub. L. 89-329, title IX, Sec. 903,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 305; amended Pub. L. 94-482, title I, Sec. 171(a)(4), Oct.

12, 1976, 90 Stat. 2160; Pub. L. 96-374, title IX, Sec. 901(b),

title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1482, 1503,

related to the uses of funds appropriated to make grants to

institutions of higher education, prior to the general amendment of

subchapter IX of this chapter by Pub. L. 99-498.

Another prior section 1134b, Pub. L. 89-329, title IX, Sec. 904,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1044, related to application for grants or contracts to

strengthen and improve education for the public service, providing

in subsec. (a) for requisites of application, subsec. (b) for

allocation of grants and contracts, and subsec. (c) for payment of

compensation of students employed in public service and

participation of Federal agencies and departments, prior to repeal

by Pub. L. 92-318.

A prior section 703 of Pub. L. 89-329 was classified to section

1132a-2 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1134c, 1137 of this

title.

-CITE-

20 USC Sec. 1134c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 1 - jacob k. javits fellowship program

-HEAD-

Sec. 1134c. Fellowship conditions

-STATUTE-

(a) Requirements for receipt

An individual awarded a fellowship under the provisions of this

subpart shall continue to receive payments provided in section

1134b of this title only during such periods as the Secretary finds

that such individual is maintaining satisfactory proficiency in,

and devoting essentially full time to, study or research in the

field in which such fellowship was awarded, in an institution of

higher education, and is not engaging in gainful employment other

than part-time employment by such institution in teaching,

research, or similar activities, approved by the Secretary.

(b) Reports from recipients

The Secretary is authorized to require reports containing such

information in such form and filed at such times as the Secretary

determines necessary from any person awarded a fellowship under the

provisions of this subpart. The reports shall be accompanied by a

certificate from an appropriate official at the institution of

higher education, library, archive, or other research center

approved by the Secretary, stating that such individual is making

satisfactory progress in, and is devoting essentially full time to

the program for which the fellowship was awarded.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 704, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1789.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134k of this title, prior to repeal by Pub. L. 105-244.

A prior section 1134c, Pub. L. 89-329, title IX, Sec. 913, as

added Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat.

762, related to use of funds by grant recipients, prior to repeal

by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112

Stat. 1585, 1803, effective Oct. 1, 1998.

Another prior section 1134c, Pub. L. 89-329, title IX, Sec. 904,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 306; amended Pub. L. 96-374, title XIII, Sec. 1391(a)(1),

Oct. 3, 1980, 94 Stat. 1503, authorized studies and research

activities on the need for, and improvement of, graduate programs,

prior to the general amendment of subchapter IX of this chapter by

Pub. L. 99-498.

Another prior section 1134c, Pub. L. 89-329, title IX, Sec. 911,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1044, provided for authorization to award public service

fellowships, prior to repeal by Pub. L. 92-318.

A prior section 704 of Pub. L. 89-329 was classified to section

1132a-3 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

Prior sections 1134c-1 and 1134c-2 were repealed by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998.

Section 1134c-1, Pub. L. 89-329, title IX, Sec. 914, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 762,

related to information collection.

Section 1134c-2, Pub. L. 89-329, title IX, Sec. 915, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 762,

authorized appropriations for part A of former subchapter IX of

this chapter.

-CITE-

20 USC Sec. 1134d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 1 - jacob k. javits fellowship program

-HEAD-

Sec. 1134d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $30,000,000 for fiscal

year 1999 and such sums as may be necessary for each of the 4

succeeding fiscal years to carry out this subpart.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 705, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1790.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134k-1 of this title, prior to repeal by Pub. L. 105-244.

A prior section 1134d, Pub. L. 89-329, title IX, Sec. 921, as

added Pub. L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100

Stat. 1550; amended Pub. L. 102-325, title IX, Sec. 901, July 23,

1992, 106 Stat. 762, stated purpose of the Patricia Roberts Harris

Fellowship program and provided that a recipient of an award under

that program be known as a ''Patricia Roberts Harris Graduate

Fellow'', prior to repeal by Pub. L. 105-244, Sec. 3, title VII,

Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1,

1998.

Another prior section 1134d, Pub. L. 89-329, title IX, Sec. 921,

as added Pub. L. 96-374, title IX, Sec. 902(a), Oct. 3, 1980, 94

Stat. 1482, set forth Congressional statement of purpose, prior to

the general amendment of subchapter IX of this chapter by Pub. L.

99-498.

Another prior section 1134d, Pub. L. 89-329, title IX, Sec. 921,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 306; amended Pub. L. 94-482, title I, Sec. 171(b), Oct. 12,

1976, 90 Stat. 2160, authorized appropriations for carrying out the

program of fellowships for graduate and professional study, prior

to the general amendment of part B of subchapter IX of this chapter

by Pub. L. 96-374.

Another prior section 1134d, Pub. L. 89-329, title IX, Sec. 912,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1045, provided for allocation of public service fellowships,

prior to repeal by Pub. L. 92-318, title I, Sec. 181(a), June 23,

1972, 86 Stat. 304.

A prior section 705 of Pub. L. 89-329 was classified to section

1132a-4 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

Prior sections 1134e to 1134w were repealed by Pub. L. 105-244,

Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803,

effective Oct. 1, 1998.

Section 1134e, Pub. L. 89-329, title IX, Sec. 922, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1550;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 763; Pub. L. 103-208, Sec. 2(j)(28), Dec. 20, 1993, 107 Stat.

2482, authorized Patricia Roberts Harris Fellowship program.

Another prior section 1134e, Pub. L. 89-329, title IX, Sec. 922,

as added Pub. L. 96-374, title IX, Sec. 902(a), Oct. 3, 1980, 94

Stat. 1482, authorized program of grants to assist graduate and

professional study, prior to the general amendment of subchapter IX

of this chapter by Pub. L. 99-498.

Another prior section 1134e, Pub. L. 89-329, title IX, Sec. 922,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 306; amended Pub. L. 94-482, title I, Sec. 171(b), Oct. 12,

1976, 90 Stat. 2160; Pub. L. 96-49, Sec. 9(b), Aug. 13, 1979, 93

Stat. 353, related to the authorization, duration, and extension of

the period of fellowships, the awarding of vacated fellowships, and

the question of the interruption of studies of fellowship

recipients, prior to the general amendment of part B of subchapter

IX of this chapter by Pub. L. 96-374.

Another prior section 1134e, Pub. L. 89-329, title IX, Sec. 913,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1045, provided for approval of programs, prior to repeal by

Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304.

Section 1134f, Pub. L. 89-329, title IX, Sec. 923, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1552;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 764; Pub. L. 103-208, Sec. 2(j)(29)-(31), Dec. 20, 1993, 107

Stat. 2482, 2483, related to award of fellowships.

Another prior section 1134f, Pub. L. 89-329, title IX, Sec. 923,

as added Pub. L. 96-374, title IX, Sec. 902(a), Oct. 3, 1980, 94

Stat. 1484, related to award of fellowships to graduate and

professional students, prior to the general amendment of subchapter

IX of this chapter by Pub. L. 99-498.

Another prior section 1134f, Pub. L. 89-329, title IX, Sec. 923,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 306; amended Pub. L. 94-482, title I, Sec. 171(b), Oct. 12,

1976, 90 Stat. 2160, related to the award of fellowships and the

approval of graduate programs, prior to the general amendment of

part B of subchapter IX of this chapter by Pub. L. 96-374.

Another prior section 1134f, Pub. L. 89-329, title IX, Sec. 914,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1045, provided for stipends for public service fellowships,

prior to repeal by Pub. L. 92-318, title I, Sec. 181(a), June 23,

1972, 86 Stat. 304.

Section 1134g, Pub. L. 89-329, title IX, Sec. 924, as added Pub.

L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 765;

amended Pub. L. 103-208, Sec. 2(j)(32), Dec. 20, 1993, 107 Stat.

2483, authorized appropriations for Patricia Roberts Harris

Fellowship program.

Another prior section 1134g, Pub. L. 89-329, title IX, Sec. 924,

as added Pub. L. 96-374, title IX, Sec. 902(a), Oct. 3, 1980, 94

Stat. 1484, authorized appropriations for fiscal years 1981 to 1985

for grant program to assist graduate and professional students,

prior to the general amendment of subchapter IX of this chapter by

Pub. L. 99-498.

Another prior section 1134g, Pub. L. 89-329, title IX, Sec. 924,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 307; amended Pub. L. 94-482, title I, Sec. 171(b), Oct. 12,

1976, 90 Stat. 2161, related to fellowship stipends, additional

allowances to institutions of higher education, and deductions,

prior to the general amendment of part B of subchapter IX of this

chapter by Pub. L. 96-374.

Another prior section 1134g, Pub. L. 89-329, title IX, Sec. 915,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1045, provided for public service fellowship conditions,

prior to repeal by Pub. L. 92-318, title I, Sec. 181(a), June 23,

1972, 86 Stat. 304.

Section 1134h, Pub. L. 89-329, title IX, Sec. 931, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1552;

amended Pub. L. 100-50, Sec. 20(1), June 3, 1987, 101 Stat. 360;

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 765;

Pub. L. 103-208, Sec. 2(j)(33), Dec. 20, 1993, 107 Stat. 2483,

authorized award of Jacob K. Javits fellowships and provided that

award recipients be known as ''Jacob K. Javits Fellows''. See

section 1134 of this title.

Another prior section 1134h, Pub. L. 89-329, title IX, Sec. 931,

as added Pub. L. 96-374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat.

1484; amended Pub. L. 99-159, title VIII, Sec. 802, Nov. 22, 1985,

99 Stat. 908, authorized award of fellowships for graduate study in

arts, humanities, and social sciences, prior to the general

amendment of subchapter IX of this chapter by Pub. L. 99-498.

Another prior section 1134h, Pub. L. 89-329, title IX, Sec. 925,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 307; amended Pub. L. 94-482, title I, Sec. 171(b), Oct. 12,

1976, 90 Stat. 2162, set out conditions attached to fellowships for

graduate and professional study, prior to the general amendment of

part B of subchapter IX of this chapter by Pub. L. 96-374.

Another prior section 1134h, Pub. L. 89-329, title IX, Sec. 921,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1046, defined ''State'', ''institution of higher education'',

''public service'' and ''academic year'', prior to repeal by Pub.

L. 92-318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304.

Section 1134i, Pub. L. 89-329, title IX, Sec. 932, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1553;

amended Pub. L. 100-50, Sec. 20(2), (3), June 3, 1987, 101 Stat.

360; Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat.

766; Pub. L. 103-208, Sec. 2(j)(34), (35), Dec. 20, 1993, 107 Stat.

2483, related to Jacob K. Javits Fellows Program Fellowship Board

and to allocation of fellowships. See section 1134a of this title.

Another prior section 1134i, Pub. L. 89-329, title IX, Sec. 932,

as added Pub. L. 96-374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat.

1485, related to allocation of fellowships for graduate study in

arts, humanities, and social sciences, prior to the general

amendment of subchapter IX of this chapter by Pub. L. 99-498.

Another prior section 1134i, Pub. L. 89-329, title IX, Sec. 941,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 308; amended Pub. L. 94-482, title I, Sec. 171(c)(1), Oct.

12, 1976, 90 Stat. 2162; Pub. L. 96-49, Sec. 9(c), Aug. 13, 1979,

93 Stat. 353, related to award of public service fellowships, prior

to repeal by section 902(b) of Pub. L. 96-374.

Another prior section 1134i, Pub. L. 89-329, title IX, Sec. 922,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1046, related to coordination of Federal assistance

respecting education for the public service, prior to repeal by

Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304.

Section 1134j, Pub. L. 89-329, title IX, Sec. 933, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1554;

amended Pub. L. 100-50, Sec. 20(4), June 3, 1987, 101 Stat. 360;

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 767;

Pub. L. 103-208, Sec. 2(j)(36), Dec. 20, 1993, 107 Stat. 2483,

related to payment of stipends to award recipients. See section

1134b of this title.

Another prior section 1134j, Pub. L. 89-329, title IX, Sec. 933,

as added Pub. L. 96-374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat.

1486, related to stipends paid to individuals awarded fellowships

for graduate study in arts, humanities, and social sciences, prior

to the general amendment of subchapter IX of this chapter by Pub.

L. 99-498.

Another prior section 1134j, Pub. L. 89-329, title IX, Sec. 942,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 308; amended Pub. L. 94-482, title I, Sec. 171(c)(2), Oct.

12, 1976, 90 Stat. 2163, related to the allocation of public

service fellowships, prior to repeal by section 902(b) of Pub. L.

96-374.

Another prior section 1134j, Pub. L. 89-329, title IX, Sec. 923,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1046; amended Pub. L. 92-318, title I, Sec. 131(d)(2)(E),

June 23, 1972, 86 Stat. 260, prohibited any grant, contract, or

fellowship for study at schools or departments of divinity, prior

to repeal by Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972,

86 Stat. 304.

Section 1134k, Pub. L. 89-329, title IX, Sec. 934, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1554;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 767, related to fellowship conditions. See section 1134c of

this title.

Another prior section 1134k, Pub. L. 89-329, title IX, Sec. 934,

as added Pub. L. 96-374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat.

1486, related to conditions on continuance of fellowships for

graduate study in arts, humanities, and social sciences, prior to

the general amendment of subchapter IX of this chapter by Pub. L.

99-498.

Another prior section 1134k, Pub. L. 89-329, title IX, Sec. 943,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 308; amended Pub. L. 94-482, title I, Sec. 171(c)(3), Oct.

12, 1976, 90 Stat. 2163, related to requisite approval of programs

of graduate or professional study, prior to repeal by section

902(b) of Pub. L. 96-374.

Another prior section 1134k, Pub. L. 89-329, title IX, Sec. 924,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1046, provided for annual report of the Secretary to Congress

of activities relating to education for public service, prior to

repeal by Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 304.

Section 1134k-1, Pub. L. 89-329, title IX, Sec. 935, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 768,

authorized appropriations for Jacob K. Javits Fellowship program.

See section 1134d of this title.

Section 1134l, Pub. L. 89-329, title IX, Sec. 941, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1555;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 768; Pub. L. 103-208, Sec. 2(j)(37), Dec. 20, 1993, 107 Stat.

2484, stated purpose of graduate assistance in areas of national

need grant program.

Another prior section 1134l, Pub. L. 89-329, title IX, Sec. 941,

as added Pub. L. 96-374, title IX, Sec. 904, Oct. 3, 1980, 94 Stat.

1486, authorized assistance for training in legal profession, prior

to the general amendment of subchapter IX of this chapter by Pub.

L. 99-498.

Another prior section 1134l, Pub. L. 89-329, title IX, Sec. 944,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 309; amended Pub. L. 94-482, title I, Sec. 171(c)(4), Oct.

12, 1976, 90 Stat. 2163, related to payments to persons awarded

public service fellowships, prior to repeal by section 902(b) of

Pub. L. 96-374.

Another prior section 1134l, Pub. L. 89-329, title IX, Sec. 925,

as added Pub. L. 90-575, title II, Sec. 261, Oct. 16, 1968, 82

Stat. 1046, authorized appropriations for education for the public

service, prior to repeal by Pub. L. 92-318, title I, Sec. 181(a),

June 23, 1972, 86 Stat. 304.

Section 1134m, Pub. L. 89-329, title IX, Sec. 942, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1555;

amended Pub. L. 100-369, Sec. 7(c), July 18, 1988, 102 Stat. 837;

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 768,

authorized grants to academic departments and programs to provide

assistance to graduate students. See section 1135 of this title.

Another prior section 1134m, Pub. L. 89-329, title IX, Sec. 942,

as added Pub. L. 96-374, title IX, Sec. 904, Oct. 3, 1980, 94 Stat.

1487, authorized appropriations for fiscal years 1981 to 1985 for

program of assistance for training in legal profession, prior to

the general amendment of subchapter IX of this chapter by Pub. L.

99-498.

Another prior section 1134m, Pub. L. 89-329, title IX, Sec. 945,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 309, related to conditions attached to public service

fellowships, prior to repeal by section 902(b) of Pub. L. 96-374.

Section 1134n, Pub. L. 89-329, title IX, Sec. 943, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1556;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 769; Pub. L. 103-208, Sec. 2(j)(38), Dec. 20, 1993, 107 Stat.

2484, related to institutional eligibility for grants. See section

1135a of this title.

Another prior section 1134n, Pub. L. 89-329, title IX, Sec. 951,

as added Pub. L. 96-374, title IX, Sec. 905, Oct. 3, 1980, 94 Stat.

1487, authorized assistance for law school clinical experience

programs, prior to the general amendment of subchapter IX of this

chapter by Pub. L. 99-498.

Another prior section 1134n, Pub. L. 89-329, title IX, Sec. 961,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 309; amended Pub. L. 94-482, title I, Sec. 171(d)(1)-(3),

Oct. 12, 1976, 90 Stat. 2163; Pub. L. 96-49, Sec. 9(d), Aug. 13,

1979, 93 Stat. 353, provided for a program of fellowships for other

purposes, prior to repeal by section 902(b) of Pub. L. 96-374.

Section 1134o, Pub. L. 89-329, title IX, Sec. 944, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1556;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 770, related to criteria for applications for grants. See

section 1135b of this title.

Another prior section 1134o, Pub. L. 89-329, title IX, Sec. 952,

as added Pub. L. 96-374, title IX, Sec. 905, Oct. 3, 1980, 94 Stat.

1488, related to applications for assistance for law school

clinical experience programs, prior to the general amendment of

subchapter IX of this chapter by Pub. L. 99-498.

Another prior section 1134o, Pub. L. 89-329, title IX, Sec. 962,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 310, related to the award of fellowships for other purposes,

prior to repeal by section 902(b) of Pub. L. 96-374.

Section 1134p, Pub. L. 89-329, title IX, Sec. 945, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1557;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 770; Pub. L. 103-208, Sec. 2(j)(39), Dec. 20, 1993, 107 Stat.

2484, related to awards to graduate students. See section 1135c of

this title.

Another prior section 1134p, Pub. L. 89-329, title IX, Sec. 953,

as added Pub. L. 96-374, title IX, Sec. 905, Oct. 3, 1980, 94 Stat.

1488, authorized appropriations for fiscal years 1981 to 1985 for

providing assistance for law school clinical experience programs,

prior to the general amendment of subchapter IX of this chapter by

Pub. L. 99-498.

Another prior section 1134p, Pub. L. 89-329, title IX, Sec. 963,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 310; amended Pub. L. 94-482, title I, Sec. 171(d)(4), Oct.

12, 1976, 90 Stat. 2163, related to the amount of payments to

persons awarded fellowships for other purposes, prior to repeal by

section 902(b) of Pub. L. 96-374.

Section 1134q, Pub. L. 89-329, title IX, Sec. 946, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1558;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 771; Pub. L. 103-208, Sec. 2(j)(40), Dec. 20, 1993, 107 Stat.

2484, related to additional assistance for cost of education. See

section 1135d of this title.

Another prior section 1134q, Pub. L. 89-329, title IX, Sec. 964,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 311, related to fellowship conditions in program of

fellowships other than public service fellowships or fellowships

for graduate and professional study, prior to repeal by Pub. L.

96-374, title IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff.

Oct. 1, 1980.

Section 1134q-1, Pub. L. 89-329, title IX, Sec. 947, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 771,

authorized appropriations for graduate assistance in areas of

national need grant program.

Section 1134r, Pub. L. 89-329, title IX, Sec. 951, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1558;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 772; Pub. L. 103-208, Sec. 2(j)(41), Dec. 20, 1993, 107 Stat.

2484, authorized grants for faculty development fellowship awards

and provided that fellowship recipients be known as ''Faculty

Development Fellows''.

Another prior section 1134r, Pub. L. 89-329, title IX, Sec. 965,

as added Pub. L. 92-318, title I, Sec. 181(a), June 23, 1972, 86

Stat. 311, authorized appropriations for program of fellowships

other than public service fellowships or fellowships for graduate

and professional study, prior to repeal by Pub. L. 96-374, title

IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980.

Section 1134r-1, Pub. L. 89-329, title IX, Sec. 952, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 773,

related to amount of fellowships.

Another prior section 1134r-1, Pub. L. 89-329, title IX, Sec.

966, as added Pub. L. 93-380, title VIII, Sec. 836(a), Aug. 21,

1974, 88 Stat. 605; amended Pub. L. 94-482, title I, Sec.

171(d)(5), Oct. 12, 1976, 90 Stat. 2164; Pub. L. 96-49, Sec. 9(e),

Aug. 13, 1979, 93 Stat. 353, related to a program of assistance for

training in legal profession, prior to repeal by Pub. L. 96-374,

title IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1,

1980.

Section 1134r-2, Pub. L. 89-329, title IX, Sec. 953, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 773,

related to applications required for grants.

Another prior section 1134r-2, Pub. L. 89-329, title IX, Sec.

971, as added Pub. L. 94-482, title I, Sec. 171(e), Oct. 12, 1976,

90 Stat. 2164, related to an annual report on graduate and

assistance program, prior to repeal by Pub. L. 96-374, title IX,

Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980, and

also by Pub. L. 96-470, title I, Sec. 106(b), Oct. 19, 1980, 94

Stat. 2238.

Section 1134r-3, Pub. L. 89-329, title IX, Sec. 954, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 774,

related to fellowship agreements.

Section 1134r-4, Pub. L. 89-329, title IX, Sec. 955, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 774,

related to fellowship repayment provisions.

Section 1134r-5, Pub. L. 89-329, title IX, Sec. 956, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 774,

related to exceptions to repayment provisions.

Section 1134r-6, Pub. L. 89-329, title IX, Sec. 957, as added

Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 775,

authorized appropriations for faculty development fellowship

program.

Section 1134s, Pub. L. 89-329, title IX, Sec. 961, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1558;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 775, authorized program for assistance for training in legal

profession.

Another prior section 1134s, Pub. L. 89-329, title IX, Sec. 981,

as added Pub. L. 92-318, title X, Sec. 1001(b), June 23, 1972, 86

Stat. 380, related to a program of general assistance to graduate

schools, prior to repeal by Pub. L. 96-374, title IX, Sec. 902(b),

Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980. Subsequent to

repeal, subsec. (f) of that section was repealed by Pub. L. 96-470,

title I, Sec. 106(c), Oct. 19, 1980, 94 Stat. 2238.

Section 1134t, Pub. L. 89-329, title IX, Sec. 962, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1559;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 776, authorized appropriations for program for assistance for

training in legal profession.

Section 1134u, Pub. L. 89-329, title IX, Sec. 971, as added Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1560;

amended Pub. L. 102-325, title IX, Sec. 901, July 23, 1992, 106

Stat. 776, authorized grants and contracts for programs to provide

law school clinical experience programs.

Section 1134v, Pub. L. 89-329, title IX, Sec. 972, as added Pub.

L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 777,

related to applications for grants or contracts.

Section 1134w, Pub. L. 89-329, title IX, Sec. 973, as added Pub.

L. 102-325, title IX, Sec. 901, July 23, 1992, 106 Stat. 777,

authorized appropriations for law school clinical experience

programs.

-CITE-

20 USC subpart 2 - graduate assistance in areas of

national need 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 2 - graduate assistance in areas of national need

.

-HEAD-

subpart 2 - graduate assistance in areas of national need

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 1137 of this title.

-CITE-

20 USC Sec. 1135 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 2 - graduate assistance in areas of national need

-HEAD-

Sec. 1135. Grants to academic departments and programs of

institutions

-STATUTE-

(a) Grant authority

(1) In general

The Secretary shall make grants to academic departments,

programs and other academic units of institutions of higher

education that provide courses of study leading to a graduate

degree in order to enable such institutions to provide assistance

to graduate students in accordance with this subpart.

(2) Additional grants

The Secretary may also make grants to such departments,

programs and other academic units of institutions of higher

education granting graduate degrees which submit joint proposals

involving nondegree granting institutions which have formal

arrangements for the support of doctoral dissertation research

with degree-granting institutions. Nondegree granting

institutions eligible for awards as part of such joint proposals

include any organization which -

(A) is described in section 501(c)(3) of title 26, and is

exempt from tax under section 501(a) of such title;

(B) is organized and operated substantially to conduct

scientific and cultural research and graduate training

programs;

(C) is not a private foundation;

(D) has academic personnel for instruction and counseling who

meet the standards of the institution of higher education in

which the students are enrolled; and

(E) has necessary research resources not otherwise readily

available in such institutions to such students.

(b) Award and duration of grants

(1) Awards

The principal criterion for the award of grants shall be the

relative quality of the graduate programs presented in competing

applications. Consistent with an allocation of awards based on

quality of competing applications, the Secretary shall, in

awarding such grants, promote an equitable geographic

distribution among eligible public and private institutions of

higher education.

(2) Duration and amount

(A) Duration

The Secretary shall award a grant under this subpart for a

period of 3 years.

(B) Amount

The Secretary shall award a grant to an academic department,

program or unit of an institution of higher education under

this subpart for a fiscal year in an amount that is not less

than $100,000 and not greater than $750,000.

(3) Reallotment

Whenever the Secretary determines that an academic department,

program or unit of an institution of higher education is unable

to use all of the amounts available to the department, program or

unit under this subpart, the Secretary shall, on such dates

during each fiscal year as the Secretary may fix, reallot the

amounts not needed to academic departments, programs and units of

institutions which can use the grants authorized by this subpart.

(c) Preference to continuing grant recipients

(1) In general

The Secretary shall make new grant awards under this subpart

only to the extent that each previous grant recipient under this

subpart has received continued funding in accordance with

subsection (b)(2)(A) of this section.

(2) Ratable reduction

To the extent that appropriations under this subpart are

insufficient to comply with paragraph (1), available funds shall

be distributed by ratably reducing the amounts required to be

awarded under subsection (b)(2)(A) of this section.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 711, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1790.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134m of this title, prior to repeal by Pub. L. 105-244.

A prior section 1135, Pub. L. 89-329, title X, Sec. 1001, as

added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat.

1489; amended Pub. L. 102-325, title X, Sec. 1001, July 23, 1992,

106 Stat. 778, related to Fund for the Improvement of Postsecondary

Education, prior to repeal by Pub. L. 105-244, Sec. 3, title VII,

Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1,

1998. See section 1138 of this title.

Another prior section 1135, Pub. L. 89-329, title X, Sec. 1001,

as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86

Stat. 312; amended Pub. L. 93-380, title VIII, Sec. 837, Aug. 21,

1974, 88 Stat. 606; Pub. L. 94-482, title I, Sec. 176(a)(3)-(5),

title V, Sec. 501(a)(20), Oct. 12, 1976, 90 Stat. 2165, 2236; Pub.

L. 95-180, Sec. 1(c), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96-49,

Sec. 53(a), Aug. 13, 1979, 93 Stat. 354, related to development

plans for expansion or improvement of postsecondary education

programs in community colleges, prior to repeal by section 1001(a)

of Pub. L. 96-374.

Another prior section 1135, Pub. L. 89-329, title X, Sec. 1001,

as added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82

Stat. 1047, contained Congressional statement of purpose respecting

improvement of graduate programs, prior to the general amendment of

subchapter X of this chapter by Pub. L. 92-318.

A prior section 711 of Pub. L. 89-329 was classified to section

1132b of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 711 of Pub. L. 89-329 was classified to

section 1132b of this title, prior to the general amendment of part

A of this subchapter by Pub. L. 102-325.

Another prior section 711 of Pub. L. 89-329 was classified to

section 1132b of this title, prior to the general amendment of this

subchapter by Pub. L. 99-498.

-CITE-

20 USC Sec. 1135a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 2 - graduate assistance in areas of national need

-HEAD-

Sec. 1135a. Institutional eligibility

-STATUTE-

(a) Eligibility criteria

Any academic department, program or unit of an institution of

higher education that offers a program of postbaccalaureate study

leading to a graduate degree in an area of national need (as

designated under subsection (b) of this section) may apply for a

grant under this subpart. No department, program or unit shall be

eligible for a grant unless the program of postbaccalaureate study

has been in existence for at least 4 years at the time of

application for assistance under this subpart.

(b) Designation of areas of national need

After consultation with appropriate Federal and nonprofit

agencies and organizations, the Secretary shall designate areas of

national need. In making such designations, the Secretary shall

take into account the extent to which the interest in the area is

compelling, the extent to which other Federal programs support

postbaccalaureate study in the area concerned, and an assessment of

how the program could achieve the most significant impact with

available resources.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 712, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1791.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134n of this title, prior to repeal by Pub. L. 105-244.

A prior section 1135a, Pub. L. 89-329, title X, Sec. 1002, as

added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat.

1489; amended Pub. L. 102-325, title X, Sec. 1001, July 23, 1992,

106 Stat. 778, related to National Board of the Fund for the

Improvement of Postsecondary Education, prior to repeal by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998. See section 1138a of this title.

Another prior section 1135a, Pub. L. 89-329, title X, Sec. 1011,

as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86

Stat. 313; amended Pub. L. 94-482, title I, Sec. 176(b)(2), Oct.

12, 1976, 90 Stat. 2165; Pub. L. 96-49, Sec. 53(b), Aug. 13, 1979,

93 Stat. 354, authorized appropriations for a program of

establishment and expansion of community colleges, prior to repeal

by section 1001(a) of Pub. L. 96-374.

Another prior section 1135a, Pub. L. 89-329, title X, Sec. 1002,

as added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82

Stat. 1047, authorized appropriations, provided for types of

programs, and prescribed limitations respecting improvement of

graduate programs, prior to the general amendment of subchapter X

of this chapter by Pub. L. 92-318.

A prior section 712 of Pub. L. 89-329 was classified to section

1132b-1 of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 712 of Pub. L. 89-329 was classified to

section 1132b-1 of this title, prior to the general amendment of

part A of this subchapter by Pub. L. 102-325.

Another prior section 712 of Pub. L. 89-329 was classified to

section 1132b-1 of this title, prior to the general amendment of

this subchapter by Pub. L. 99-498.

A prior section 1135a-1, Pub. L. 89-329, title X, Sec. 1003, as

added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat.

1490; amended Pub. L. 99-498, title X, Sec. 1001(a), Oct. 17, 1986,

100 Stat. 1560; Pub. L. 102-325, title X, Sec. 1001, July 23, 1992,

106 Stat. 779, contained administrative provisions, prior to repeal

by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112

Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138b of this

title.

Another prior section 1135a-1, Pub. L. 89-329, title X, Sec.

1012, as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23,

1972, 86 Stat. 313; amended Pub. L. 94-482, title I, Sec.

176(b)(3), Oct. 12, 1976, 90 Stat. 2165; Pub. L. 95-180, Sec. 1(c),

Nov. 15, 1977, 91 Stat. 1372, related to the apportionment of funds

in the program of establishing and expanding community colleges,

prior to repeal by section 1001(a) of Pub. L. 96-374.

A prior section 1135a-2, Pub. L. 89-329, title X, Sec. 1004, as

added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat.

1490; amended Pub. L. 102-325, title X, Sec. 1001, July 23, 1992,

106 Stat. 779; Pub. L. 103-208, Sec. 2(j)(42), Dec. 20, 1993, 107

Stat. 2484, authorized appropriations for the Fund for the

Improvement of Postsecondary Education, prior to repeal by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998. See section 1138d of this title.

Another prior section 1135a-2, Pub. L. 89-329, title X, Sec.

1013, as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23,

1972, 86 Stat. 314, provided for establishment grants and defined

the term ''new community college'', prior to repeal by section

1001(a) of Pub. L. 96-374.

A prior section 1135a-3, Pub. L. 89-329, title X, Sec. 1005, as

added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat.

1491; amended Pub. L. 99-498, title X, Sec. 1001(b), Oct. 17, 1986,

100 Stat. 1561, authorized appropriations to carry out part A of

former subchapter X of this chapter for fiscal years 1987 to 1991,

prior to the general amendment of that part by Pub. L. 102-325.

Another prior section 1135a-3 and prior sections 1135a-4 to

1135a-7 were repealed by Pub. L. 96-374, title X, Sec. 1001(a),

Oct. 3, 1980, 94 Stat. 1489, eff. Oct. 1, 1980.

Section 1135a-3, Pub. L. 89-329, title X, Sec. 1014, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

314; amended Pub. L. 94-482, title I, Sec. 177, Oct. 12, 1976, 90

Stat. 2165, related to expansion grants.

Section 1135a-4, Pub. L. 89-329, title X, Sec. 1015, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

314, related to leasing of facilities.

Section 1135a-5, Pub. L. 89-329, title X, Sec. 1016, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

315, related to establishment and expansion grants.

Section 1135a-6, Pub. L. 89-329, title X, Sec. 1017, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

315, authorized payment to approved applicants.

Section 1135a-7, Pub. L. 89-329, title X, Sec. 1018, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

315; amended Pub. L. 94-482, title I, Sec. 178, Oct. 12, 1976, 90

Stat. 2166, defined the term ''community college''.

A prior section 1135a-11, Pub. L. 89-329, title X, Sec. 1011, as

added Pub. L. 102-325, title X, Sec. 1001, July 23, 1992, 106 Stat.

780; amended Pub. L. 103-208, Sec. 2(j)(43), Dec. 20, 1993, 107

Stat. 2484, authorized grants for special projects in areas of

national need, prior to repeal by Pub. L. 105-244, Sec. 3, title

VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct.

1, 1998. See section 1138c of this title.

-CITE-

20 USC Sec. 1135b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 2 - graduate assistance in areas of national need

-HEAD-

Sec. 1135b. Criteria for applications

-STATUTE-

(a) Selection of applications

The Secretary shall make grants to academic departments, programs

and units of institutions of higher education on the basis of

applications submitted in accordance with subsection (b) of this

section. Applications shall be ranked on program quality by review

panels of nationally recognized scholars and evaluated on the

quality and effectiveness of the academic program and the

achievement and promise of the students to be served. To the

extent possible (consistent with other provisions of this section),

the Secretary shall make awards that are consistent with

recommendations of the review panels.

(b) Contents of applications

An academic department, program or unit of an institution of

higher education, in the department, program or unit's application

for a grant, shall -

(1) describe the current academic program of the applicant for

which the grant is sought;

(2) provide assurances that the applicant will provide, from

other non-Federal sources, for the purposes of the fellowship

program under this subpart an amount equal to at least 25 percent

of the amount of the grant received under this subpart, which

contribution may be in cash or in kind, fairly valued;

(3) set forth policies and procedures to assure that, in making

fellowship awards under this subpart, the institution will seek

talented students from traditionally underrepresented

backgrounds, as determined by the Secretary;

(4) describe the number, types, and amounts of the fellowships

that the applicant intends to offer with grant funds provided

under this part;

(5) set forth policies and procedures to assure that, in making

fellowship awards under this subpart, the institution will make

awards to individuals who -

(A) have financial need, as determined under part E of

subchapter IV of this chapter;

(B) have excellent academic records in their previous

programs of study; and

(C) plan to pursue the highest possible degree available in

their course of study;

(6) set forth policies and procedures to ensure that Federal

funds made available under this subpart for any fiscal year will

be used to supplement and, to the extent practical, increase the

funds that would otherwise be made available for the purpose of

this subpart and in no case to supplant those funds;

(7) provide assurances that, in the event that funds made

available to the academic department, program or unit under this

subpart are insufficient to provide the assistance due a student

under the commitment entered into between the academic

department, program or unit and the student, the academic

department, program or unit will, from any funds available to the

department, program or unit, fulfill the commitment to the

student;

(8) provide that the applicant will comply with the limitations

set forth in section 1135d of this title;

(9) provide assurances that the academic department will

provide at least 1 year of supervised training in instruction for

students; and

(10) include such other information as the Secretary may

prescribe.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 713, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1791.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134o of this title, prior to repeal by Pub. L. 105-244.

A prior section 1135b, Pub. L. 89-329, title X, Sec. 1021, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1561, and amended, which related to purpose of and authority for

minority science improvement program, was renumbered section 351 of

title III of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec.

301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to

section 1067a of this title.

Another prior section 1135b, Pub. L. 89-329, title X, Sec. 1051,

as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86

Stat. 316, authorized appropriations for occupational education

programs, prior to repeal by Pub. L. 94-482, title I, Sec. 176(c),

title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff.

Sept. 30, 1977, Oct. 1, 1977.

Another prior section 1135b, Pub. L. 89-329, title X, Sec. 1003,

as added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82

Stat. 1048, related to selection of grant recipients for

improvement of graduate programs, prior to the general amendment of

subchapter X of this chapter by Pub. L. 92-318.

A prior section 713 of Pub. L. 89-329 was classified to section

1132b-2 of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 713 of Pub. L. 89-329 was classified to

section 1132b-2 of this title, prior to the general amendment of

part A of this subchapter by Pub. L. 102-325.

Another prior section 713 of Pub. L. 89-329 was classified to

section 1132b-2 of this title, prior to the general amendment of

this subchapter by Pub. L. 99-498.

A prior section 1135b-1, Pub. L. 89-329, title X, Sec. 1022, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1561, which related to grant recipient selection, was renumbered

section 352 of title III of Pub. L. 89-329 by Pub. L. 105-244,

title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and

transferred to section 1067b of this title.

Another prior section 1135b-1, Pub. L. 89-329, title X, Sec.

1052, as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23,

1972, 86 Stat. 316, set forth allotment and reallotment

requirements for funds appropriated for programs, prior to repeal

by Pub. L. 94-482, title I, Sec. 176(c), title II, Sec. 204(c)(2),

Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1977, Oct. 1,

1977.

A prior section 1135b-2, Pub. L. 89-329, title X, Sec. 1023, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1562, which related to use of funds, was renumbered section 353 of

title III of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec.

301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to

section 1067c of this title.

Another prior section 1135b-2, Pub. L. 89-329, title X, Sec.

1053, as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23,

1972, 86 Stat. 317, set forth requirements for administration of

programs by Secretary, prior to repeal by Pub. L. 94-482, title I,

Sec. 176(c), title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat.

2165, 2215, eff. Sept. 30, 1987, Oct. 1, 1977.

A prior section 1135b-3, Pub. L. 89-329, title X, Sec. 1024, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1562, and amended, which required multiagency study of minority

science programs, was renumbered section 1024 of title III of Pub.

L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(5), Oct. 7,

1998, 112 Stat. 1636, transferred to section 1067d of this title,

and omitted from the Code.

Another prior section 1135b-3 and prior sections 1135b-4 to

1135b-9 were repealed by Pub. L. 94-482, title I, Sec. 176(c),

title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff.

Sept. 30, 1977, Oct. 1, 1977.

Section 1135b-3, Pub. L. 89-329, title X, Sec. 1054, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

317, set forth responsibilities of Commissioner of Education in the

administration of programs.

Section 1135b-4, Pub. L. 89-329, title X, Sec. 1055, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

318, set forth requirements for State participation and

administration of programs.

Section 1135b-5, Pub. L. 89-329, title X, Sec. 1056, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

318, authorized planning grants for State occupational education

programs and set forth criteria for State participation.

Section 1135b-6, Pub. L. 89-329, title X, Sec. 1057, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

319, authorized program grants for State occupational education

programs and set forth criteria for State administration of grants.

Section 1135b-7, Pub. L. 89-329, title X, Sec. 1058, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

320, set forth prerequisites and procedures for program grants by

Commissioner and provided for judicial review of actions of

Commissioner.

Section 1135b-8, Pub. L. 89-329, title X, Sec. 1059, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

321, authorized technical assistance to the States by Commissioner

and the establishment of model programs.

Section 1135b-9, Pub. L. 89-329, title X, Sec. 1060, as added

Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat.

322, defined the terms ''State'' and ''postsecondary occupational

education'' for purposes of occupational education programs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1135c of this title.

-CITE-

20 USC Sec. 1135c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 2 - graduate assistance in areas of national need

-HEAD-

Sec. 1135c. Awards to graduate students

-STATUTE-

(a) Commitments to graduate students

(1) In general

An academic department, program or unit of an institution of

higher education shall make commitments to graduate students who

are eligible students under section 1091 of this title (including

students pursuing a doctoral degree after having completed a

master's degree program at an institution of higher education) at

any point in their graduate study to provide stipends for the

length of time necessary for a student to complete the course of

graduate study, but in no case longer than 5 years.

(2) Special rule

No such commitments shall be made to students under this

subpart unless the academic department, program or unit has

determined adequate funds are available to fulfill the commitment

from funds received or anticipated under this subpart, or from

institutional funds.

(b) Amount of stipends

The Secretary shall make payments to institutions of higher

education for the purpose of paying stipends to individuals who are

awarded fellowships under this subpart. The stipends the Secretary

establishes shall reflect the purpose of the program under this

subpart to encourage highly talented students to undertake graduate

study as described in this subpart. In the case of an individual

who receives such individual's first stipend under this subpart in

academic year 1999-2000 or any succeeding academic year, such

stipend shall be set at a level of support equal to that provided

by the National Science Foundation graduate fellowships, except

such amount shall be adjusted as necessary so as not to exceed the

fellow's demonstrated level of need as determined under part E of

subchapter IV of this chapter.

(c) Treatment of institutional payments

An institution of higher education that makes institutional

payments for tuition and fees on behalf of individuals supported by

fellowships under this subpart in amounts that exceed the

institutional payments made by the Secretary pursuant to section

1135d(a) (FOOTNOTE 1) of this title may count such excess toward

the amounts the institution is required to provide pursuant to

section 1135b(b)(2) (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(d) Academic progress required

Notwithstanding the provisions of subsection (a) of this section,

no student shall receive an award -

(1) except during periods in which such student is maintaining

satisfactory progress in, and devoting essentially full time to,

study or research in the field in which such fellowship was

awarded; or

(2) if the student is engaging in gainful employment other than

part-time employment involved in teaching, research, or similar

activities determined by the institution to be in support of the

student's progress towards a degree.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 714, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1792.)

-REFTEXT-

REFERENCES IN TEXT

Section 1135d(a) of this title, referred to in subsec. (c), was

in the original ''section 716(a)'', meaning section 716(a) of Pub.

L. 89-329, which was translated as reading section 715(a) of that

Act to reflect the probable intent of Congress, because section

715(a) relates to institutional payments, and section 716, which is

classified to section 1135e of this title, does not relate to

institutional payments and does not contain a subsec. (a).

Section 1135b(b)(2) of this title, referred to in subsec. (c),

was in the original ''section 714(b)(2)'', meaning section

714(b)(2) of Pub. L. 89-329, which was translated as reading

section 713(b)(2) of that Act to reflect the probable intent of

Congress, because section 713(b)(2) relates to amounts that

institutions are required to provide from non-Federal sources, and

section 714, which is classified to this section, does not relate

to amounts that institutions are required to provide and does not

contain a subsec. (b)(2).

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134p of this title, prior to repeal by Pub. L. 105-244.

A prior section 1135c, Pub. L. 89-329, title X, Sec. 1031, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1563, related to minority support in science and engineering

programs, prior to repeal by Pub. L. 105-244, Sec. 3, title VII,

Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1,

1998.

Another prior section 1135c, Pub. L. 89-329, title X, Sec. 1021,

formerly Sec. 1071, as added Pub. L. 92-318, title I, Sec.

186(a)(1), June 23, 1972, 86 Stat. 322, established Bureau of

Occupational and Adult Education and set forth functions, personnel

etc., of the Bureau, prior to repeal by Pub. L. 94-482, title II,

Sec. 204(c)(3), Oct. 12, 1976, 90 Stat. 2215, eff. Oct. 1, 1977.

Subsequent to repeal, this prior section 1135c was renumbered

section 1021 of Pub. L. 89-329 and amended by deleting ''this

title'' by Pub. L. 96-374, title X, Sec. 1001(b), Oct. 3, 1980, 94

Stat. 1491.

Another prior section 1135c, Pub. L. 89-329, title X, Sec. 1004,

as added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82

Stat. 1048, provided for consultations respecting improvement of

graduate programs, prior to the general amendment of subchapter X

of this chapter by Pub. L. 92-318.

A prior section 714 of Pub. L. 89-329 was classified to section

1132b-3 of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

A prior section 1135c-1, Pub. L. 89-329, title X, Sec. 1032, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1563, related to the special service projects program, prior to

repeal by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7,

1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.

Another prior section 1135c-1, Pub. L. 89-329, title X, Sec.

1022, formerly Sec. 1072, as added Pub. L. 92-318, title I, Sec.

186(a)(1), June 23, 1972, 86 Stat. 323; amended Pub. L. 96-88,

title III, Sec. 301(b)(2), Oct. 17, 1979, 93 Stat. 678, renumbered

and amended Pub. L. 96-374, title X, Sec. 1001(b)(1), title XIII,

Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1491, 1503; Pub. L. 98-524,

Sec. 4(c)(3), Oct. 19, 1984, 98 Stat. 2488, established a Community

College Unit in Department of Education, prior to the general

amendment of part B of subchapter X of this chapter by Pub. L.

99-498.

A prior section 1135c-2, Pub. L. 89-329, title X, Sec. 1033, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1563; amended Pub. L. 102-325, title X, Sec. 1002(c), July 23,

1992, 106 Stat. 780, related to supportable activities, prior to

repeal by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7,

1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.

-CITE-

20 USC Sec. 1135d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 2 - graduate assistance in areas of national need

-HEAD-

Sec. 1135d. Additional assistance for cost of education

-STATUTE-

(a) Institutional payments

(1) In general

The Secretary shall (in addition to stipends paid to

individuals under this subpart) pay to the institution of higher

education, for each individual awarded a fellowship under this

subpart at such institution, an institutional allowance. Except

as provided in paragraph (2), such allowance shall be, for

1999-2000 and succeeding academic years, the same amount as the

institutional payment made for 1998-1999 adjusted annually

thereafter in accordance with inflation as determined by the

Department of Labor's Consumer Price Index for the previous

calendar year.

(2) Reduction

The institutional allowance paid under paragraph (1) shall be

reduced by the amount the institution charges and collects from a

fellowship recipient for tuition and other expenses as part of

the recipient's instructional program.

(b) Use for overhead prohibited

Funds made available pursuant to this subpart may not be used for

the general operational overhead of the academic department or

program.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 715, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1793.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1134q of this title, prior to repeal by Pub. L. 105-244.

A prior section 1135d, Pub. L. 89-329, title X, Sec. 1041, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1564, which related to eligibility for grants, was renumbered

section 361 of title III of Pub. L. 89-329 by Pub. L. 105-244,

title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and

transferred to section 1067g of this title.

A prior section 715 of Pub. L. 89-329 was classified to section

1132b-4 of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

A prior section 1135d-1, Pub. L. 89-329, title X, Sec. 1042, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1564, which related to grant applications, was renumbered section

362 of title III of Pub. L. 89-329 by Pub. L. 105-244, title III,

Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred

to section 1067h of this title.

A prior section 1135d-2, Pub. L. 89-329, title X, Sec. 1043, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1564, and amended, which related to cross program and cross agency

cooperation, was renumbered section 363 of title III of Pub. L.

89-329 by Pub. L. 105-244, title III, Sec. 301(a)(5), (7), Oct. 7,

1998, 112 Stat. 1636, and transferred to section 1067i of this

title.

A prior section 1135d-3, Pub. L. 89-329, title X, Sec. 1044, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1564, which contained administrative provisions, was renumbered

section 364 of title III of Pub. L. 89-329 by Pub. L. 105-244,

title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and

transferred to section 1067j of this title.

A prior section 1135d-4, Pub. L. 89-329, title X, Sec. 1045, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1565, related to establishment of Advisory Board for the Minority

Science and Engineering Improvement Programs, prior to repeal by

Pub. L. 102-325, Sec. 2, title X, Sec. 1002(e), July 23, 1992, 106

Stat. 458, 780, effective Oct. 1, 1992.

A prior section 1135d-5, Pub. L. 89-329, title X, Sec. 1046, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1566, which defined terms, was renumbered section 365 of title III

of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(5),

(7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067k

of this title.

A prior section 1135d-6, Pub. L. 89-329, title X, Sec. 1047, as

added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat.

1567; amended Pub. L. 100-418, title VI, Sec. 6221, Aug. 23, 1988,

102 Stat. 1518; Pub. L. 102-325, title X, Sec. 1002(f), July 23,

1992, 106 Stat. 780, which authorized appropriations, was

renumbered section 366 of title III of Pub. L. 89-329 by Pub. L.

105-244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat.

1636, and transferred to section 1067l of this title, and repealed

by section 301(a)(8) of Pub. L. 105-244.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1135b, 1135c, 1137 of

this title.

-CITE-

20 USC Sec. 1135e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 2 - graduate assistance in areas of national need

-HEAD-

Sec. 1135e. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $35,000,000 for fiscal

year 1999 and such sums as may be necessary for each of the 4

succeeding fiscal years to carry out this subpart.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 716, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1794.)

-MISC1-

PRIOR PROVISIONS

A prior section 1135e, Pub. L. 89-329, title X, Sec. 1061, as

added Pub. L. 99-498, title X, Sec. 1003, Oct. 17, 1986, 100 Stat.

1567; amended Pub. L. 102-325, title X, Sec. 1003, July 23, 1992,

106 Stat. 781, stated purpose of women and minorities science and

engineering outreach demonstration program, prior to repeal by Pub.

L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat.

1585, 1803, effective Oct. 1, 1998.

A prior section 716 of Pub. L. 89-329 was classified to section

1132b-5 of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Prior sections 1135e-1 to 1135g were repealed by Pub. L. 105-244,

Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803,

effective Oct. 1, 1998.

Section 1135e-1, Pub. L. 89-329, title X, Sec. 1062, as added

Pub. L. 99-498, title X, Sec. 1003, Oct. 17, 1986, 100 Stat. 1567;

amended Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106

Stat. 781, authorized grants for programs to encourage female and

minority elementary and secondary school students to pursue higher

education for careers in science and engineering.

Section 1135e-2, Pub. L. 89-329, title X, Sec. 1063, as added

Pub. L. 99-498, title X, Sec. 1003, Oct. 17, 1986, 100 Stat. 1567;

amended Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106

Stat. 781, defined ''eligible institution'' and related to

availability of funds.

Section 1135e-3, Pub. L. 89-329, title X, Sec. 1064, as added

Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106 Stat. 782,

related to amount, duration, and use of funds.

Section 1135e-4, Pub. L. 89-329, title X, Sec. 1065, as added

Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106 Stat. 782,

related to applications for grants.

Section 1135e-5, Pub. L. 89-329, title X, Sec. 1066, as added

Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106 Stat. 782,

related to evaluation of assisted activities.

Section 1135e-6, Pub. L. 89-329, title X, Sec. 1067, as added

Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106 Stat. 783,

related to Federal share of costs.

Section 1135e-7, Pub. L. 89-329, title X, Sec. 1068, as added

Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106 Stat. 783,

related to use of funds to supplement and not supplant other funds.

Section 1135e-8, Pub. L. 89-329, title X, Sec. 1069, as added

Pub. L. 102-325, title X, Sec. 1003, July 23, 1992, 106 Stat. 783,

authorized appropriations for women and minorities science and

engineering outreach demonstration program.

Section 1135f, Pub. L. 89-329, title X, Sec. 1081, formerly Sec.

1181, as added Pub. L. 102-325, title X, Sec. 1004, July 23, 1992,

106 Stat. 783; renumbered Sec. 1081 and amended Pub. L. 103-208,

Sec. 2(j)(44), (45), Dec. 20, 1993, 107 Stat. 2485, established

Dwight D. Eisenhower Leadership Program and provided that part D of

former subchapter X of this chapter could be cited as the ''Dwight

D. Eisenhower Leadership Development Act of 1992''.

Section 1135g, Pub. L. 89-329, title X, Sec. 1091, as added Pub.

L. 103-382, title III, Sec. 360D, Oct. 20, 1994, 108 Stat. 3972,

authorized grants to States for workplace and community transition

training for incarcerated youth offenders.

-CITE-

20 USC subpart 3 - thurgood marshall legal educational

opportunity program 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 3 - thurgood marshall legal educational opportunity program

.

-HEAD-

subpart 3 - thurgood marshall legal educational opportunity program

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 1137 of this title.

-CITE-

20 USC Sec. 1136 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 3 - thurgood marshall legal educational opportunity program

-HEAD-

Sec. 1136. Legal educational opportunity program

-STATUTE-

(a) Program authority

The Secretary shall carry out a program to be known as the

''Thurgood Marshall Legal Educational Opportunity Program''

designed to provide low-income, minority, or disadvantaged college

students with the information, preparation, and financial

assistance to gain access to and complete law school study.

(b) Eligibility

A college student is eligible for assistance under this section

if the student is -

(1) from a low-income family;

(2) a minority; or

(3) from an economically or otherwise disadvantaged background.

(c) Contract or grant authorized

The Secretary is authorized to enter into a contract with, or

make a grant to, the Council on Legal Education Opportunity, for a

period of not less than 5 years -

(1) to identify college students who are from low-income

families, are minorities, or are from disadvantaged backgrounds

described in subsection (b)(3) of this section;

(2) to prepare such students for study at accredited law

schools;

(3) to assist such students to select the appropriate law

school, make application for entry into law school, and receive

financial assistance for such study;

(4) to provide support services to such students who are

first-year law students to improve retention and success in law

school studies; and

(5) to motivate and prepare such students with respect to law

school studies and practice in low-income communities.

(d) Services provided

In carrying out the purposes described in subsection (c) of this

section, the contract or grant shall provide for the delivery of

services through prelaw information resource centers, summer

institutes, midyear seminars, and other educational activities,

conducted under this section. Such services may include -

(1) information and counseling regarding -

(A) accredited law school academic programs, especially

tuition, fees, and admission requirements;

(B) course work offered and required for graduation;

(C) faculty specialties and areas of legal emphasis; and

(D) undergraduate preparatory courses and curriculum

selection;

(2) tutoring and academic counseling, including assistance in

preparing for bar examinations;

(3) prelaw mentoring programs, involving law school faculty,

members of State and local bar associations, and retired and

sitting judges, justices, and magistrates;

(4) assistance in identifying preparatory courses and material

for the law school aptitude or admissions tests;

(5) summer institutes for Thurgood Marshall Fellows that expose

the Fellows to a rigorous curriculum that emphasizes abstract

thinking, legal analysis, research, writing, and examination

techniques; and

(6) midyear seminars and other educational activities that are

designed to reinforce reading, writing, and studying skills of

Thurgood Marshall Fellows.

(e) Duration of provision of services

The services described in subsection (d) of this section may be

provided -

(1) prior to the period of law school study;

(2) during the period of law school study; and

(3) during the period following law school study and prior to

taking a bar examination.

(f) Subcontracts and subgrants

For the purposes of planning, developing, or delivering one or

more of the services described in subsection (d) of this section,

the Council on Legal Education Opportunity shall enter into

subcontracts with, and make subgrants to, institutions of higher

education, law schools, public and private agencies and

organizations, and combinations of such institutions, schools,

agencies, and organizations.

(g) Stipends

The Secretary shall annually establish the maximum stipend to be

paid (including allowances for participant travel and for the

travel of the dependents of the participant) to Thurgood Marshall

Fellows for the period of participation in summer institutes and

midyear seminars. A Fellow may be eligible for such a stipend only

if the Thurgood Marshall Fellow maintains satisfactory academic

progress toward the Juris Doctor or Bachelor of Laws degree, as

determined by the respective institutions.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$5,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal

years.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 721, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1794.)

-MISC1-

PRIOR PROVISIONS

A prior section 1136, Pub. L. 89-329, title XI, Sec. 1101, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 784, stated findings of Congress, prior to repeal by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998. See section 1139 of this title.

Another prior section 1136, Pub. L. 89-329, title XI, Sec. 1101,

as added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100

Stat. 1568, stated Congressional findings and purpose relating to

partnerships for economic development, prior to the general

amendment of subchapter XI of this chapter by Pub. L. 102-325.

Another prior section 1136, Pub. L. 89-329, title XI, Sec. 1101,

as added Pub. L. 96-374, title XI, Sec. 1101, Oct. 3, 1980, 94

Stat. 1491, stated Congressional findings and declaration of

purpose, prior to the general amendment of subchapter XI of this

chapter by Pub. L. 99-498.

Another prior section 1136, Pub. L. 89-329, title XI, Sec. 1101,

as added Pub. L. 90-575, title II, Sec. 281, Oct. 16, 1968, 82

Stat. 1048; amended Pub. L. 92-318, title I, Sec. 191(a), (b), June

23, 1972, 86 Stat. 323, authorized a program for grants and

contracts covering the establishment of a law school clinical

experiences regimen, prior to the general amendment of subchapter

XI of this chapter by Pub. L. 96-374.

A prior section 721 of Pub. L. 89-329 was renumbered section 341

and is classified to section 1066 of this title.

Another prior section 721 of Pub. L. 89-329 was classified to

section 1132c of this title, prior to the general amendment of part

A of this subchapter by Pub. L. 102-325.

Another prior section 721 of Pub. L. 89-329 was classified to

section 1132c of this title, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 721 of Pub. L. 89-329 was classified to

section 1132b of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

Prior sections 1136a to 1136h were repealed by Pub. L. 105-244,

Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803,

effective Oct. 1, 1998.

Section 1136a, Pub. L. 89-329, title XI, Sec. 1102, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 785,

stated purpose of and authorized program for urban community

service assistance. See section 1139a of this title.

A prior section 1136a, Pub. L. 89-329, title XI, Sec. 1102, as

added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat.

1568, related to use of economic development funds, prior to the

general amendment of subchapter XI of this chapter by Pub. L.

102-325.

Another prior section 1136a, Pub. L. 89-329, title XI, Sec. 1102,

as added Pub. L. 96-374, title XI, Sec. 1101, Oct. 3, 1980, 94

Stat. 1491, authorized appropriations for fiscal years 1981 to 1985

for urban grant university program, prior to the general amendment

of subchapter XI of this chapter by Pub. L. 99-498.

Another prior section 1136a, Pub. L. 89-329, title XI, Sec. 1102,

as added Pub. L. 90-575, title II, Sec. 281, Oct. 16, 1968, 82

Stat. 1048; amended Pub. L. 92-318, title I, Sec. 191(a), June 23,

1972, 86 Stat. 323, related to required applications for

participation in law school clinical experiences program, prior to

the general amendment of subchapter XI of this chapter by Pub. L.

96-374.

Section 1136b, Pub. L. 89-329, title XI, Sec. 1103, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 785,

related to applications for urban community service grants. See

section 1139b of this title.

A prior section 1136b, Pub. L. 89-329, title XI, Sec. 1103, as

added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat.

1569, related to requirements for economic development grant

applications, prior to the general amendment of subchapter XI of

this chapter by Pub. L. 102-325.

Another prior section 1136b, Pub. L. 89-329, title XI, Sec. 1103,

as added Pub. L. 96-374, title XI, Sec. 1101, Oct. 3, 1980, 94

Stat. 1492, authorized grants to urban universities, prior to the

general amendment of subchapter XI of this chapter by Pub. L.

99-498.

Another prior section 1136b, Pub. L. 89-329, title XI, Sec. 1103,

as added Pub. L. 90-575, title II, Sec. 281, Oct. 16, 1968, 82

Stat. 1049; amended Pub. L. 92-318, title I, Sec. 191(c), June 23,

1972, 86 Stat. 323; Pub. L. 94-482, title I, Sec. 172, Oct. 12,

1976, 90 Stat. 2164; Pub. L. 96-49, Sec. 11, Aug. 13, 1979, 93

Stat. 354, authorized appropriations for the law school clinical

experiences program, prior to the general amendment of subchapter

XI of this chapter by Pub. L. 96-374.

Section 1136c, Pub. L. 89-329, title XI, Sec. 1104, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 786,

related to allowable activities. See section 1139c of this title.

Another prior section 1136c, Pub. L. 89-329, title XI, Sec. 1104,

as added Pub. L. 96-374, title XI, Sec. 1101, Oct. 3, 1980, 94

Stat. 1492, placed geographical limitations on assistance to urban

universities, prior to the general amendment of subchapter XI of

this chapter by Pub. L. 99-498.

Section 1136d, Pub. L. 89-329, title XI, Sec. 1105, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 786,

related to peer review. See section 1139d of this title.

Another prior section 1136d, Pub. L. 89-329, title XI, Sec. 1105,

as added Pub. L. 96-374, title XI, Sec. 1101, Oct. 3, 1980, 94

Stat. 1492, defined terms, prior to the general amendment of

subchapter XI of this chapter by Pub. L. 99-498.

Section 1136e, Pub. L. 89-329, title XI, Sec. 1106, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 786;

amended Pub. L. 103-208, Sec. 2(j)(46), Dec. 20, 1993, 107 Stat.

2485, related to disbursement of funds. See section 1139e of this

title.

Section 1136f, Pub. L. 89-329, title XI, Sec. 1107, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 787,

related to designation of Urban Grant Institutions. See section

1139f of this title.

Section 1136g, Pub. L. 89-329, title XI, Sec. 1108, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 787,

defined terms ''urban area'' and ''eligible institution''. See

section 1139g of this title.

Section 1136h, Pub. L. 89-329, title XI, Sec. 1109, as added Pub.

L. 102-325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 787,

authorized appropriations for urban community service program. See

section 1139h of this title.

-CITE-

20 USC subpart 4 - general provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 4 - general provisions

.

-HEAD-

subpart 4 - general provisions

-CITE-

20 USC Sec. 1137 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 4 - general provisions

-HEAD-

Sec. 1137. Administrative provisions for subparts 1, 2, and 3

-STATUTE-

(a) Coordinated administration

In carrying out the purpose described in section 1133(1) of this

title, the Secretary shall provide for coordinated administration

and regulation of graduate programs assisted under subparts 1, 2,

and 3 of this part with other Federal programs providing assistance

for graduate education in order to minimize duplication and improve

efficiency to ensure that the programs are carried out in a manner

most compatible with academic practices and with the standard

timetables for applications for, and notifications of acceptance

to, graduate programs.

(b) Hiring authority

For purposes of carrying out subparts 1, 2, and 3 of this part,

the Secretary shall appoint, without regard to the provisions of

title 5 that govern appointments in the competitive service, such

administrative and technical employees, with the appropriate

educational background, as shall be needed to assist in the

administration of such parts (FOOTNOTE 1) . The employees shall be

paid without regard to the provisions of chapter 51 and subchapter

III of chapter 53 of such title relating to classification and

General Schedule pay rates.

(FOOTNOTE 1) So in original. Probably should be ''subparts''.

(c) Use for religious purposes prohibited

No institutional payment or allowance under section 1134b(b) or

1135d(a) of this title shall be paid to a school or department of

divinity as a result of the award of a fellowship under subpart 1

or 2 of this part, respectively, to an individual who is studying

for a religious vocation.

(d) Evaluation

The Secretary shall evaluate the success of assistance provided

to individuals under subpart 1, 2, or 3 of this part with respect

to graduating from their degree programs, and placement in faculty

and professional positions.

(e) Continuation awards

The Secretary, using funds appropriated to carry out subparts 1

and 2 of this part, and before awarding any assistance under such

parts (FOOTNOTE 1) to a recipient that did not receive assistance

under part C or D of title IX (as such parts were in effect prior

to October 7, 1998) shall continue to provide funding to recipients

of assistance under such part C or D (as so in effect), as the case

may be, pursuant to any multiyear award of such assistance.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 731, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1795.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (b), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

Parts C and D of title IX (as such parts were in effect prior to

October 7, 1998), referred to in subsec. (e), means parts C and D

of title IX of the Higher Education Act of 1965, as added by Pub.

L. 99-498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1552, as

amended, which were classified generally to parts C (Sec. 1134h et

seq.) and D (Sec. 1134l et seq.), respectively, of subchapter IX of

this chapter prior to repeal by Pub. L. 105-244, Sec. 3, title VII,

Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1,

1998.

-MISC2-

PRIOR PROVISIONS

A prior section 1137, Pub. L. 89-329, title XI, Sec. 1121, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 788, related to purpose of innovative projects for community

service program, prior to repeal by Pub. L. 105-244, Sec. 3, title

VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct.

1, 1998.

Another prior section 1137, Pub. L. 89-329, title XI, Sec. 1111,

as added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100

Stat. 1570, related to the purpose of urban community service

program, prior to the general amendment of subchapter XI of this

chapter by Pub. L. 102-325.

A prior section 731 of Pub. L. 89-329 was classified to section

1132d of this title, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 731 of Pub. L. 89-329 was classified to

section 1132d of this title, prior to the general amendment of part

C of this subchapter by Pub. L. 102-325.

Another prior section 731 of Pub. L. 89-329 was classified to

section 1132d of this title, prior to the general amendment of this

subchapter by Pub. L. 99-498.

A prior section 1137a, Pub. L. 89-329, title XI, Sec. 1122, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 788; amended Pub. L. 103-82, title I, Sec. 111(b)(4), Sept.

21, 1993, 107 Stat. 860, authorized program for innovative projects

for community service, prior to repeal by Pub. L. 105-244, Sec. 3,

title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective

Oct. 1, 1998.

Another prior section 1137a and prior section 1137b were omitted

in the general amendment of subchapter XI of this chapter by Pub.

L. 102-325.

Section 1137a, Pub. L. 89-329, title XI, Sec. 1112, as added Pub.

L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1570,

related to use of urban community service funds.

Section 1137b, Pub. L. 89-329, title XI, Sec. 1113, as added Pub.

L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1570,

related to contents for applications for urban community services

projects.

-CITE-

20 USC Part B - Fund for the Improvement of Postsecondary

Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part B - Fund for the Improvement of Postsecondary Education

.

-HEAD-

Part B - Fund for the Improvement of Postsecondary Education

-CITE-

20 USC Sec. 1138 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part B - Fund for the Improvement of Postsecondary Education

-HEAD-

Sec. 1138. Fund for the Improvement of Postsecondary Education

-STATUTE-

(a) Authority

The Secretary is authorized to make grants to, or enter into

contracts with, institutions of higher education, combinations of

such institutions, and other public and private nonprofit

institutions and agencies, to enable such institutions,

combinations, and agencies to improve postsecondary education

opportunities by -

(1) encouraging the reform, innovation, and improvement of

postsecondary education, and providing equal educational

opportunity for all;

(2) the creation of institutions, programs, and joint efforts

involving paths to career and professional training, and

combinations of academic and experiential learning;

(3) the establishment of institutions and programs based on the

technology of communications;

(4) the carrying out, in postsecondary educational

institutions, of changes in internal structure and operations

designed to clarify institutional priorities and purposes;

(5) the design and introduction of cost-effective methods of

instruction and operation;

(6) the introduction of institutional reforms designed to

expand individual opportunities for entering and reentering

institutions and pursuing programs of study tailored to

individual needs;

(7) the introduction of reforms in graduate education, in the

structure of academic professions, and in the recruitment and

retention of faculties; and

(8) the creation of new institutions and programs for examining

and awarding credentials to individuals, and the introduction of

reforms in current institutional practices related thereto.

(b) Planning grants

The Secretary is authorized to make planning grants to

institutions of higher education for the development and testing of

innovative techniques in postsecondary education. Such grants

shall not exceed $20,000.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 741, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1796.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1135

of this title, prior to repeal by Pub. L. 105-244.

A prior section 1138, Pub. L. 89-329, title XI, Sec. 1141, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 788, related to purpose to assist development of student

literacy corps and student mentoring corps programs, prior to

repeal by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7,

1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.

Another prior section 1138, Pub. L. 89-329, title XI, Sec. 1121,

as added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100

Stat. 1571, related to administrative provisions, prior to the

general amendment of subchapter XI of this chapter by Pub. L.

102-325.

A prior section 741 of Pub. L. 89-329 was classified to section

1132e of this title, prior to repeal by Pub. L. 102-325.

Another prior section 741 of Pub. L. 89-329 was classified to

section 1132e of this title, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 741 of Pub. L. 89-329 was classified to

section 1132c of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1138a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part B - Fund for the Improvement of Postsecondary Education

-HEAD-

Sec. 1138a. National Board of the Fund for the Improvement of

Postsecondary Education

-STATUTE-

(a) Establishment

There is established a National Board of the Fund for the

Improvement of Postsecondary Education (in this part referred to as

the ''Board''). The Board shall consist of 15 members appointed by

the Secretary for overlapping 3-year terms. A majority of the

Board shall constitute a quorum. Any member of the Board who has

served for 6 consecutive years shall thereafter be ineligible for

appointment to the Board during a 2-year period following the

expiration of such sixth year.

(b) Membership

(1) In general

The Secretary shall designate one of the members of the Board

as Chairperson of the Board. A majority of the members of the

Board shall be public interest representatives, including

students, and a minority shall be educational representatives.

All members selected shall be individuals able to contribute an

important perspective on priorities for improvement in

postsecondary education and strategies of educational and

institutional change.

(2) Appointment of Director

The Secretary shall appoint the Director of the Fund for the

Improvement of Postsecondary Education (hereafter in this part

referred to as the ''Director'').

(c) Duties

The Board shall -

(1) advise the Secretary and the Director on priorities for the

improvement of postsecondary education and make such

recommendations as the Board may deem appropriate for the

improvement of postsecondary education and for the evaluation,

dissemination, and adaptation of demonstrated improvements in

postsecondary educational practice;

(2) advise the Secretary and the Director on the operation of

the Fund for the Improvement of Postsecondary Education,

including advice on planning documents, guidelines, and

procedures for grant competitions prepared by the Fund; and

(3) meet at the call of the Chairperson, except that the Board

shall meet whenever one-third or more of the members request in

writing that a meeting be held.

(d) Information and assistance

The Director shall make available to the Board such information

and assistance as may be necessary to enable the Board to carry out

its functions.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 742, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1797.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1135a of this title, prior to repeal by Pub. L. 105-244.

A prior section 1138a, Pub. L. 89-329, title XI, Sec. 1142, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 789; amended Pub. L. 103-208, Sec. 2(j)(47), Dec. 20, 1993,

107 Stat. 2485, authorized grants for student literacy corps and

student mentoring corps programs, prior to repeal by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998.

Another prior section 1138a, Pub. L. 89-329, title XI, Sec. 1122,

as added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100

Stat. 1571, authorized appropriations to carry out parts A and B of

subchapter XI of this chapter, prior to the general amendment of

such subchapter by Pub. L. 102-325.

A prior section 742 of Pub. L. 89-329 was classified to section

1132e-1 of this title, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 742 of Pub. L. 89-329 was classified to

section 1132c-1 of this title, prior to the general amendment of

this subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1138b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part B - Fund for the Improvement of Postsecondary Education

-HEAD-

Sec. 1138b. Administrative provisions

-STATUTE-

(a) Technical employees

The Secretary may appoint, for terms not to exceed 3 years,

without regard to the provisions of title 5 governing appointments

in the competitive service, not more than 7 technical employees to

administer this part who may be paid without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of such

title relating to classification and General Schedule pay rates.

(b) Procedures

The Director shall establish procedures for reviewing and

evaluating grants and contracts made or entered into under this

part. Procedures for reviewing grant applications or contracts for

financial assistance under this section may not be subject to any

review outside of officials responsible for the administration of

the Fund for the Improvement of Postsecondary Education.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 743, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1797.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1135a-1 of this title, prior to repeal by Pub. L. 105-244.

A prior section 1138b, Pub. L. 89-329, title XI, Sec. 1143, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 789, related to use of funds, prior to repeal by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998.

Another prior section 1138b, Pub. L. 89-329, title XI, Sec. 1123,

as added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100

Stat. 1571, defined terms, prior to the general amendment of

subchapter XI of this chapter by Pub. L. 102-325.

A prior section 743 of Pub. L. 89-329 was classified to section

1132c-2 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1138c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part B - Fund for the Improvement of Postsecondary Education

-HEAD-

Sec. 1138c. Special projects

-STATUTE-

(a) Grant authority

The Director is authorized to make grants to institutions of

higher education, or consortia thereof, and such other public

agencies and nonprofit organizations as the Director deems

necessary for innovative projects concerning one or more areas of

particular national need identified by the Director.

(b) Application

No grant shall be made under this part unless an application is

made at such time, in such manner, and contains or is accompanied

by such information as the Secretary may require.

(c) Areas of national need

Areas of national need shall initially include, but shall not be

limited to, the following:

(1) Institutional restructuring to improve learning and promote

productivity, efficiency, quality improvement, and cost and price

control.

(2) Articulation between 2- and 4-year institutions of higher

education, including developing innovative methods for ensuring

the successful transfer of students from 2- to 4-year

institutions of higher education.

(3) Evaluation and dissemination of model programs.

(4) International cooperation and student exchange among

postsecondary educational institutions.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 744, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1135a-11 of this title, prior to repeal by Pub. L. 105-244.

A prior section 1138c, Pub. L. 89-329, title XI, Sec. 1144, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 789; amended Pub. L. 103-382, title III, Sec. 391(e)(10),

Oct. 20, 1994, 108 Stat. 4023, related to applications for grants,

prior to repeal by Pub. L. 105-244, Sec. 3, title VII, Sec. 702,

Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.

A prior section 744 of Pub. L. 89-329 was classified to section

1132c-3 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1138d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part B - Fund for the Improvement of Postsecondary Education

-HEAD-

Sec. 1138d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$30,000,000 for fiscal year 1999 and such sums as may be necessary

for each of the 4 succeeding fiscal years.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 745, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.)

-MISC1-

PRIOR PROVISIONS

A prior section 1138d, Pub. L. 89-329, title XI, Sec. 1145, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 791, related to technical assistance and coordination

contract, prior to repeal by Pub. L. 105-244, Sec. 3, title VII,

Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1,

1998.

A prior section 745 of Pub. L. 89-329 was classified to section

1132c-4 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

A prior section 1138e, Pub. L. 89-329, title XI, Sec. 1146, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 791, defined terms ''institution of higher education'' and

''public community agency'', prior to repeal by Pub. L. 105-244,

Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803,

effective Oct. 1, 1998.

-CITE-

20 USC Part C - Urban Community Service 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

.

-HEAD-

Part C - Urban Community Service

-CITE-

20 USC Sec. 1139 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139. Findings

-STATUTE-

The Congress finds that -

(1) the Nation's urban centers are facing increasingly pressing

problems and needs in the areas of economic development,

community infrastructure and service, social policy, public

health, housing, crime, education, environmental concerns,

planning and work force preparation;

(2) there are, in the Nation's urban institutions, people with

underutilized skills, knowledge, and experience who are capable

of providing a vast range of services toward the amelioration of

the problems described in paragraph (1);

(3) the skills, knowledge and experience in these urban

institutions, if applied in a systematic and sustained manner,

can make a significant contribution to the solution of such

problems; and

(4) the application of such skills, knowledge and experience is

hindered by the limited funds available to redirect attention to

solutions to such urban problems.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 751, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1136

of this title, prior to repeal by Pub. L. 105-244.

A prior section 1139, Pub. L. 89-329, title XI, Sec. 1151, as

added Pub. L. 102-325, title XI, Sec. 1101, July 23, 1992, 106

Stat. 792, authorized appropriations for the innovative projects

for community service program, student literacy corps program, and

student mentoring corps program, prior to repeal by Pub. L.

105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585,

1803, effective Oct. 1, 1998.

Another prior section 1139, Pub. L. 89-329, title XI, Sec. 1131,

as added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100

Stat. 1572, stated purpose of providing assistance to establish

Robert F. Wagner, Sr., Institute of Urban Public Policy, prior to

the general amendment of subchapter XI of this chapter by Pub. L.

102-325.

A prior section 751 of Pub. L. 89-329 was classified to section

1132f of this title, prior to repeal by Pub. L. 104-208.

-CITE-

20 USC Sec. 1139a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139a. Purpose; program authorized

-STATUTE-

(a) Purpose

It is the purpose of this part to provide incentives to urban

academic institutions to enable such institutions to work with

private and civic organizations to devise and implement solutions

to pressing and severe problems in their communities.

(b) Program authorized

The Secretary is authorized to carry out a program of providing

assistance to eligible institutions to enable such institutions to

carry out the activities described in section 1139c of this title

in accordance with the provisions of this part.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 752, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136a of this title, prior to repeal by Pub. L. 105-244.

A prior section 1139a, Pub. L. 89-329, title XI, Sec. 1132, as

added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat.

1572, related to application for and use of funds, prior to the

general amendment of subchapter XI of this chapter by Pub. L.

102-325.

A prior section 752 of Pub. L. 89-329 was classified to section

1132f-1 of this title, prior to repeal by Pub. L. 104-208.

-CITE-

20 USC Sec. 1139b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139b. Application for urban community service grants

-STATUTE-

(a) Application

(1) In general

An eligible institution seeking assistance under this part

shall submit to the Secretary an application at such time, in

such form, and containing or accompanied by such information and

assurances as the Secretary may require by regulation.

(2) Contents

Each application submitted pursuant to paragraph (1) shall -

(A) describe the activities and services for which assistance

is sought; and

(B) include a plan that is agreed to by the members of a

consortium that includes, in addition to the eligible

institution, one or more of the following entities:

(i) A community college.

(ii) An urban school system.

(iii) A local government.

(iv) A business or other employer.

(v) A nonprofit institution.

(3) Waiver

The Secretary may waive the consortium requirements described

in paragraph (2) for any applicant who can demonstrate to the

satisfaction of the Secretary that the applicant has devised an

integrated and coordinated plan which meets the purpose of this

part.

(b) Priority in selection of applications

The Secretary shall give priority to applications that propose to

conduct joint projects supported by other local, State, and Federal

programs. In addition, the Secretary shall give priority to

eligible institutions submitting applications that demonstrate the

eligible institution's commitment to urban community service.

(c) Selection procedures

The Secretary shall, by regulation, develop a formal procedure

for the submission of applications under this part and shall

publish in the Federal Register an announcement of that procedure

and the availability of funds under this part.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 753, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1799.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136b of this title, prior to repeal by Pub. L. 105-244.

A prior section 1139b, Pub. L. 89-329, title XI, Sec. 1133, as

added Pub. L. 99-498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat.

1573, authorized appropriations, prior to the general amendment of

subchapter XI of this chapter by Pub. L. 102-325.

A prior section 753 of Pub. L. 89-329 was classified to section

1132f-2 of this title, prior to repeal by Pub. L. 104-208.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1139c, 1139g of this

title.

-CITE-

20 USC Sec. 1139c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139c. Allowable activities

-STATUTE-

Funds made available under this part shall be used to support

planning, applied research, training, resource exchanges or

technology transfers, the delivery of services, or other activities

the purpose of which is to design and implement programs to assist

urban communities to meet and address their pressing and severe

problems, such as the following:

(1) Work force preparation.

(2) Urban poverty and the alleviation of such poverty.

(3) Health care, including delivery and access.

(4) Underperforming school systems and students.

(5) Problems faced by the elderly and individuals with

disabilities in urban settings.

(6) Problems faced by families and children.

(7) Campus and community crime prevention, including enhanced

security and safety awareness measures as well as coordinated

programs addressing the root causes of crime.

(8) Urban housing.

(9) Urban infrastructure.

(10) Economic development.

(11) Urban environmental concerns.

(12) Other problem areas which participants in the consortium

described in section 1139b(a)(2)(B) of this title concur are of

high priority in the urban area.

(13)(A) Problems faced by individuals with disabilities

regarding accessibility to institutions of higher education and

other public and private community facilities.

(B) Amelioration of existing attitudinal barriers that prevent

full inclusion by individuals with disabilities in their

community.

(14) Improving access to technology in local communities.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 754, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1799.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136c of this title, prior to repeal by Pub. L. 105-244.

A prior section 754 of Pub. L. 89-329 was classified to section

1132f-3 of this title, prior to repeal by Pub. L. 104-208.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1139a of this title.

-CITE-

20 USC Sec. 1139d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139d. Peer review

-STATUTE-

The Secretary shall designate a peer review panel to review

applications submitted under this part and make recommendations for

funding to the Secretary. In selecting the peer review panel, the

Secretary may consult with other appropriate Cabinet-level

officials and with non-Federal organizations, to ensure that the

panel will be geographically balanced and be composed of

representatives from public and private institutions of higher

education, labor, business, and State and local government, who

have expertise in urban community service or in education.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 755, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1800.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136d of this title, prior to repeal by Pub. L. 105-244.

A prior section 755 of Pub. L. 89-329 was classified to section

1132f-4 of this title, prior to repeal by Pub. L. 104-208.

-CITE-

20 USC Sec. 1139e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139e. Disbursement of funds

-STATUTE-

(a) Multiyear availability

Subject to the availability of appropriations, grants under this

part may be made on a multiyear basis, except that no institution,

individually or as a participant in a consortium of such

institutions, may receive such a grant for more than 5 years.

(b) Equitable geographic distribution

The Secretary shall award grants under this part in a manner that

achieves an equitable geographic distribution of such grants.

(c) Matching requirement

An applicant under this part and the local governments associated

with the application shall contribute to the conduct of the program

supported by the grant an amount from non-Federal funds equal to at

least one-fourth of the amount of the grant, which contribution may

be in cash or in kind.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 756, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1800.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136e of this title, prior to repeal by Pub. L. 105-244.

A prior section 756 of Pub. L. 89-329 was classified to section

1132f-5 of this title, prior to repeal by Pub. L. 104-208.

-CITE-

20 USC Sec. 1139f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139f. Designation of Urban Grant Institutions

-STATUTE-

The Secretary shall publish a list of eligible institutions under

this part and shall designate these institutions of higher

education as ''Urban Grant Institutions''. The Secretary shall

establish a national network of Urban Grant Institutions so that

the results of individual projects achieved in one metropolitan

area can then be generalized, disseminated, replicated, and applied

throughout the Nation. The information developed as a result of

this section shall be made available to Urban Grant Institutions

and to any other interested institution of higher education by any

appropriate means.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 757, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1800.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136f of this title, prior to repeal by Pub. L. 105-244.

A prior section 757 of Pub. L. 89-329 was classified to section

1132f-6 of this title, prior to repeal by Pub. L. 104-208.

-CITE-

20 USC Sec. 1139g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139g. Definitions

-STATUTE-

As used in this part:

(1) Urban area

The term ''urban area'' means a metropolitan statistical area

having a population of not less than 350,000, or two contiguous

metropolitan statistical areas having a population of not less

than 350,000, or, in any State which does not have a metropolitan

statistical area which has such a population, the eligible entity

in the State submitting an application under section 1139b of

this title, or, if no such entity submits an application, the

Secretary, shall designate one urban area for the purposes of

this part.

(2) Eligible institution

The term ''eligible institution'' means -

(A) a nonprofit municipal university, established by the

governing body of the city in which it is located, and

operating as of July 23, 1992, under that authority; or

(B) an institution of higher education, or a consortium of

such institutions any one of which meets all of the

requirements of this paragraph, which -

(i) is located in an urban area;

(ii) draws a substantial portion of its undergraduate

students from the urban area in which such institution is

located, or from contiguous areas;

(iii) carries out programs to make postsecondary

educational opportunities more accessible to residents of

such urban area, or contiguous areas;

(iv) has the present capacity to provide resources

responsive to the needs and priorities of such urban area and

contiguous areas;

(v) offers a range of professional, technical, or graduate

programs sufficient to sustain the capacity of such

institution to provide such resources; and

(vi) has demonstrated and sustained a sense of

responsibility to such urban area and contiguous areas and

the people of such areas.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 758, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136g of this title, prior to repeal by Pub. L. 105-244.

A prior section 758 of Pub. L. 89-329 was classified to section

1132f-7 of this title, prior to repeal by Pub. L. 104-208.

-CITE-

20 USC Sec. 1139h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part C - Urban Community Service

-HEAD-

Sec. 1139h. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $20,000,000 for fiscal

year 1999 and such sums as may be necessary for each of the 4

succeeding fiscal years to carry out this part.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 759, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1136h of this title, prior to repeal by Pub. L. 105-244.

A prior section 759 of Pub. L. 89-329 was classified to section

1132f-8 of this title, prior to repeal by Pub. L. 104-208.

-CITE-

20 USC Part D - Demonstration Projects To Ensure Students

With Disabilities Receive a Quality Higher

Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part D - Demonstration Projects To Ensure Students With

Disabilities Receive a Quality Higher Education

.

-HEAD-

Part D - Demonstration Projects To Ensure Students With

Disabilities Receive a Quality Higher Education

-CITE-

20 USC Sec. 1140 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part D - Demonstration Projects To Ensure Students With

Disabilities Receive a Quality Higher Education

-HEAD-

Sec. 1140. Purposes

-STATUTE-

It is the purpose of this part to support model demonstration

projects to provide technical assistance or professional

development for faculty and administrators in institutions of

higher education in order to provide students with disabilities a

quality postsecondary education.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 761, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.)

-MISC1-

PRIOR PROVISIONS

A prior section 761 of Pub. L. 89-329 was classified to section

1132g of this title, prior to repeal by Pub. L. 102-325.

Another prior section 761 of Pub. L. 89-329 was classified to

section 1132d of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1140a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part D - Demonstration Projects To Ensure Students With

Disabilities Receive a Quality Higher Education

-HEAD-

Sec. 1140a. Grants authorized

-STATUTE-

(a) Competitive grants authorized

The Secretary may award grants, contracts, and cooperative

agreements, on a competitive basis, to institutions of higher

education, of which at least two such grants shall be awarded to

institutions that provide professional development and technical

assistance in order for students with learning disabilities to

receive a quality postsecondary education.

(b) Duration; activities

(1) Duration

Grants under this part shall be awarded for a period of 3

years.

(2) Authorized activities

Grants under this part shall be used to carry out one or more

of the following activities:

(A) Teaching methods and strategies

The development of innovative, effective, and efficient

teaching methods and strategies to provide faculty and

administrators with the skills and supports necessary to teach

students with disabilities. Such methods and strategies may

include inservice training, professional development,

customized and general technical assistance, workshops, summer

institutes, distance learning, and training in the use of

assistive and educational technology.

(B) Synthesizing research and information

Synthesizing research and other information related to the

provision of postsecondary educational services to students

with disabilities.

(C) Professional development and training sessions

Conducting professional development and training sessions for

faculty and administrators from other institutions of higher

education to enable the faculty and administrators to meet the

postsecondary educational needs of students with disabilities.

(3) Mandatory evaluation and dissemination

Grants under this part shall be used for evaluation, and

dissemination to other institutions of higher education, of the

information obtained through the activities described in

subparagraphs (A) through (C). (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should refer to

subparagraphs (A) through (C) of paragraph (2).

(c) Considerations in making awards

In awarding grants, contracts, or cooperative agreements under

this section, the Secretary shall consider the following:

(1) Geographic distribution

Providing an equitable geographic distribution of such grants.

(2) Rural and urban areas

Distributing such grants to urban and rural areas.

(3) Range and type of institution

Ensuring that the activities to be assisted are developed for a

range of types and sizes of institutions of higher education.

(4) Prior experience or exceptional programs

Institutions of higher education with demonstrated prior

experience in, or exceptional programs for, meeting the

postsecondary educational needs of students with disabilities.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 762, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.)

-MISC1-

PRIOR PROVISIONS

A prior section 762 of Pub. L. 89-329 was classified to section

1132g-1 of this title, prior to repeal by Pub. L. 102-325.

Another prior section 762 of Pub. L. 89-329 was classified to

section 1132d-1 of this title, prior to the general amendment of

this subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1140b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part D - Demonstration Projects To Ensure Students With

Disabilities Receive a Quality Higher Education

-HEAD-

Sec. 1140b. Applications

-STATUTE-

Each institution of higher education desiring to receive a grant,

contract, or cooperative agreement under this part shall submit an

application to the Secretary at such time, in such manner, and

accompanied by such information as the Secretary may require. Each

application shall include -

(1) a description of how such institution plans to address each

of the activities required under this part;

(2) a description of how the institution consulted with a broad

range of people within the institution to develop activities for

which assistance is sought; and

(3) a description of how the institution will coordinate and

collaborate with the office that provides services to students

with disabilities within the institution.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 763, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1802.)

-MISC1-

PRIOR PROVISIONS

A prior section 763 of Pub. L. 89-329 was classified to section

1132g-2 of this title, prior to repeal by Pub. L. 102-325.

Another prior section 763 of Pub. L. 89-329 was classified to

section 1132d-2 of this title, prior to the general amendment of

this subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1140c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part D - Demonstration Projects To Ensure Students With

Disabilities Receive a Quality Higher Education

-HEAD-

Sec. 1140c. Rule of construction

-STATUTE-

Nothing in this part shall be construed to impose any additional

duty, obligation, or responsibility on an institution of higher

education or on the institution's faculty, administrators, or staff

than are required by section 794 of title 29 and the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 764, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1803.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in text,

is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended, which

is classified principally to chapter 126 (Sec. 12101 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 764 of Pub. L. 89-329 was classified to section

1132g-3 of this title, prior to repeal by Pub. L. 102-325.

Another prior section 764 of Pub. L. 89-329 was classified to

section 1132d-3 of this title, prior to the general amendment of

this subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1140d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part D - Demonstration Projects To Ensure Students With

Disabilities Receive a Quality Higher Education

-HEAD-

Sec. 1140d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for this part $10,000,000

for fiscal year 1999 and such sums as may be necessary for each of

the 4 succeeding fiscal years.

-SOURCE-

(Pub. L. 89-329, title VII, Sec. 765, as added Pub. L. 105-244,

title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1803.)

-MISC1-

PRIOR PROVISIONS

A prior section 765 of Pub. L. 89-329 was classified to section

1132d-4 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

Prior sections 1141 and 1142 were repealed by Pub. L. 105-244,

Sec. 3, title I, Sec. 101(b), title VII, Sec. 702, Oct. 7, 1998,

112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998.

Section 1141, Pub. L. 89-329, title XII, Sec. 1201, formerly

title VIII, Sec. 801, Nov. 8, 1965, 79 Stat. 1269; renumbered title

XII, Sec. 1201, and amended Pub. L. 90-575, title II, Sec. 251,

293, 294, Oct. 16, 1968, 82 Stat. 1042, 1050, 1051; Pub. L. 91-230,

title VIII, Sec. 806(b), Apr. 13, 1970, 84 Stat. 192; Pub. L.

92-318, title I, Sec. 131(d)(1), June 23, 1972, 86 Stat. 260; Pub.

L. 94-482, title I, Sec. 181(a), formerly Sec. 181, Oct. 12, 1976,

90 Stat. 2167, renumbered Pub. L. 95-43, Sec. 1(b)(7), June 15,

1977, 91 Stat. 218; Pub. L. 95-180, Sec. 1(a), Nov. 15, 1977, 91

Stat. 1372; Pub. L. 96-374, title XIII, Sec. 1391(a)(1), (b), Oct.

3, 1980, 94 Stat. 1503; Pub. L. 100-50, Sec. 21(a), June 3, 1987,

101 Stat. 360; Pub. L. 102-26, Sec. 2(a)(4), Apr. 9, 1991, 105

Stat. 123; Pub. L. 102-325, title XII, Sec. 1201, July 23, 1992,

106 Stat. 792; Pub. L. 102-394, title III, Sec. 308(a), Oct. 6,

1992, 106 Stat. 1820; Pub. L. 103-82, title I, Sec. 111(b)(5),

Sept. 21, 1993, 107 Stat. 861; Pub. L. 103-208, Sec. 2(j)(48), Dec.

20, 1993, 107 Stat. 2485, defined terms for purposes of this

chapter. See sections 1001 and 1003 of this title.

Section 1142, Pub. L. 89-329, title XII, Sec. 1202, formerly Sec.

1207, as added Pub. L. 94-482, title I, Sec. 182, Oct. 12, 1976, 90

Stat. 2167; renumbered Sec. 1202, Pub. L. 96-374, title XII, Sec.

1201, Oct. 3, 1980, 94 Stat. 1493; amended Pub. L. 102-325, title

XII, Sec. 1202, July 23, 1992, 106 Stat. 793, related to

antidiscrimination requirements for institutions of higher

education receiving Federal assistance. See section 1011 of this

title.

Another prior section 1142, Pub. L. 89-329, title XII, Sec. 1202,

formerly title VIII, Sec. 802, Nov. 8, 1965, 79 Stat. 1270;

renumbered title XII, Sec. 1202, Pub. L. 90-575, title II, Sec.

251, Oct. 16, 1968, 82 Stat. 1042, related to method of payment

pursuant to grants, loans, or contracts under this chapter, prior

to repeal by section 1201 of Pub. L. 96-374.

Prior sections 1142a and 1142b were repealed by Pub. L. 96-374,

title XII, Sec. 1201, title XIII, Sec. 1393(a), Oct. 3, 1980, 94

Stat. 1493, 1504, effective Oct. 1, 1980.

Section 1142a, Pub. L. 89-329, title XII, Sec. 1202, as added

Pub. L. 92-318, title I, Sec. 196, June 23, 1972, 86 Stat. 324,

related to designation of a State postsecondary education

commission.

Section 1142b, Pub. L. 89-329, title XII, Sec. 1203, as added

Pub. L. 92-318, title I, Sec. 196, June 23, 1972, 86 Stat. 325;

amended Pub. L. 94-482, title I, Sec. 179, Oct. 12, 1976, 90 Stat.

2166; Pub. L. 96-49, Sec. 12, Aug. 13, 1979, 93 Stat. 354, related

to comprehensive statewide planning.

Prior sections 1143 to 1145g were repealed by Pub. L. 105-244,

Sec. 3, title I, Sec. 101(b), title VII, Sec. 702, Oct. 7, 1998,

112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998.

Section 1143, Pub. L. 89-329, title XII, Sec. 1203, as added Pub.

L. 96-374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493,

related to State agreements.

Another prior section 1143, Pub. L. 89-329, title XII, Sec. 1203,

formerly title VIII, Sec. 803, Nov. 8, 1965, 79 Stat. 1270;

renumbered title XII, Sec. 1203, Pub. L. 90-575, title II, Sec.

251, Oct. 16, 1968, 82 Stat. 1042, provided for delegation of

functions by Commissioner of Education and utilization of services

and facilities of other agencies, prior to repeal by Pub. L.

91-230, title IV, Sec. 401(c)(5), Apr. 13, 1970, 84 Stat. 173.

Section 1144, Pub. L. 89-329, title XII, Sec. 1204, formerly

title VIII, Sec. 804, Nov. 8, 1965, 79 Stat. 1270; renumbered title

XII, Sec. 1204, Pub. L. 90-575, title II, Sec. 251, Oct. 16, 1968,

82 Stat. 1042; amended Pub. L. 91-230, title IV, Sec. 401(f)(6),

Apr. 13, 1970, 84 Stat. 173, prohibited Federal control over

education.

Section 1144a, Pub. L. 89-329, title XII, Sec. 1204, as added

Pub. L. 96-374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1495;

amended Pub. L. 99-498, title XII, Sec. 1201, Oct. 17, 1986, 100

Stat. 1573; Pub. L. 102-73, title VIII, Sec. 801(c), July 25, 1991,

105 Stat. 360; Pub. L. 103-208, Sec. 2(j)(49), Dec. 20, 1993, 107

Stat. 2485, related to treatment of territories and territorial

student assistance. See section 1011b of this title.

Another prior section 1144a, Pub. L. 92-318, title V, Sec. 510,

June 23, 1972, 86 Stat. 353, set forth sense of Congress that

governing boards of institutions of higher education give

consideration to student participation on such boards, prior to

being omitted from the Code.

Section 1145, Pub. L. 89-329, title XII, Sec. 1205, as added Pub.

L. 96-374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1495;

amended Pub. L. 99-498, title XII, Sec. 1202, Oct. 17, 1986, 100

Stat. 1573; Pub. L. 102-325, title XII, Sec. 1203, July 23, 1992,

106 Stat. 793; Pub. L. 103-208, Sec. 2(j)(50)-(53), Dec. 20, 1993,

107 Stat. 2485, related to National Advisory Committee on

Institutional Quality and Integrity. See section 1011c of this

title.

Another prior section 1145, Pub. L. 89-329, title XII, Sec. 1205,

as added Pub. L. 90-575, title II, Sec. 291(a), Oct. 16, 1968, 82

Stat. 1049; amended Pub. L. 91-230, title IV, Sec. 401(h)(4), Apr.

13, 1970, 84 Stat. 174, established an Advisory Council on Graduate

Education in the Office of Education, prior to repeal by section

1201 of Pub. L. 96-374.

Section 1145a, Pub. L. 89-329, title XII, Sec. 1206, as added

Pub. L. 99-498, title XII, Sec. 1203, Oct. 17, 1986, 100 Stat.

1573, related to Commission to study postsecondary institutional

and programmatic recognition process.

Another prior section 1145a, Pub. L. 89-329, title XII, Sec.

1206, as added Pub. L. 92-318, title I, Sec. 197, June 23, 1972, 86

Stat. 325, related to supplying cost-of-education data by

institutions of higher education, prior to repeal by Pub. L.

96-374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493, eff.

Oct. 1, 1980.

Section 1145b, Pub. L. 89-329, title XII, Sec. 1207, as added

Pub. L. 99-498, title XII, Sec. 1204, Oct. 17, 1986, 100 Stat.

1576, related to student representation in connection with

administration of this chapter. See section 1011d of this title.

Another prior section 1145b, Pub. L. 89-329, title XII, Sec.

1202, formerly Sec. 1207, as added Pub. L. 94-482, title I, Sec.

182, Oct. 12, 1976, 90 Stat. 2167; renumbered title XII, Sec. 1202,

Pub. L. 96-374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493,

which related to antidiscrimination requirements for institutions

of higher education receiving Federal assistance, was transferred

to section 1142 of this title and subsequently repealed by Pub. L.

105-244.

Section 1145c, Pub. L. 89-329, title XII, Sec. 1208, as added

Pub. L. 99-498, title XII, Sec. 1205, Oct. 17, 1986, 100 Stat.

1577, related to financial responsibility of foreign students. See

section 1011e of this title.

Another prior section 1145c, Pub. L. 89-329, title XII, Sec.

1208, as added Pub. L. 94-482, title I, Sec. 183, Oct. 12, 1976, 90

Stat. 2167, related to availability of appropriations, prior to

repeal by Pub. L. 96-374, title XII, Sec. 1201, Oct. 3, 1980, 94

Stat. 1493, eff. Oct. 1, 1980.

Section 1145d, Pub. L. 89-329, title XII, Sec. 1209, as added

Pub. L. 102-325, title XII, Sec. 1204, July 23, 1992, 106 Stat.

794; amended Pub. L. 103-208, Sec. 2(j)(54), Dec. 20, 1993, 107

Stat. 2485, related to disclosures of foreign gifts. See section

1011f of this title.

Another prior section 1145d, Pub. L. 89-329, title XII, Sec.

1209, as added Pub. L. 99-498, title XII, Sec. 1206(a), Oct. 17,

1986, 100 Stat. 1577, related to disclosures of foreign gifts,

prior to repeal by Pub. L. 99-498, title XII, Sec. 1206(b), Oct.

17, 1986, 100 Stat. 1579, as amended by Pub. L. 100-50, Sec. 22(f),

June 3, 1987, 101 Stat. 362, effective Aug. 1, 1989.

Section 1145d-1, Pub. L. 89-329, title XII, Sec. 1210, as added

Pub. L. 100-50, Sec. 21(b), June 3, 1987, 101 Stat. 360, related to

application of peer review process. See section 1011g of this

title.

Section 1145e, Pub. L. 89-329, title XII, Sec. 1211, formerly

Sec. 1210, as added Pub. L. 99-498, title XII, Sec. 1207, Oct. 17,

1986, 100 Stat. 1579; renumbered Sec. 1211, Pub. L. 100-50, Sec.

21(b), June 3, 1987, 101 Stat. 360, related to aggregate limit of

authorization of appropriations.

Section 1145f, Pub. L. 89-329, title XII, Sec. 1212, formerly

Sec. 1211, as added Pub. L. 100-418, title VI, Sec. 6231, Aug. 23,

1988, 102 Stat. 1518; renumbered Sec. 1212 and amended Pub. L.

103-208, Sec. 2(j)(55), (56), Dec. 20, 1993, 107 Stat. 2485,

related to technology transfer centers.

Section 1145g, Pub. L. 89-329, title XII, Sec. 1213, as added

Pub. L. 101-226, Sec. 22(a)(1), Dec. 12, 1989, 103 Stat. 1938,

related to drug and alcohol abuse prevention. See section 1011i of

this title.

A prior section 1145h, Pub. L. 102-325, title XV, Sec. 1541, July

23, 1992, 106 Stat. 834; Pub. L. 103-208, Sec. 2(k)(13), Dec. 20,

1993, 107 Stat. 2486, authorized grants for campus sexual offense

education, prior to repeal by Pub. L. 105-332, Sec. 6(b)(3), Oct.

31, 1998, 112 Stat. 3128.

A prior section 1146, Pub. L. 96-374, title XIII, Sec. 1392, Oct.

3, 1980, 94 Stat. 1504, which related to contract authority, was

transferred to section 1154 of this title.

Another prior section 1146, Pub. L. 89-329, title XII, Sec. 1206,

as added Pub. L. 90-575, title II, Sec. 292, Oct. 16, 1968, 82

Stat. 1050, provided for dissemination of information and

authorization of $2,000,000 for fiscal year ending June 30, 1970,

and such amount as Congress might authorize for fiscal year ending

June 30, 1971, prior to repeal by Pub. L. 91-230, title IV, Sec.

401(d)(5), Apr. 13, 1970, 84 Stat. 173.

A prior section 1146a, Pub. L. 99-498, Sec. 3, Oct. 17, 1986, 100

Stat. 1278, which provided that contracting authority be subject to

appropriations, was transferred, and is set out as a Contracting

Authority Subject to Appropriations note under section 1154 of this

title.

Prior sections 1147 to 1150, Pub. L. 89-329, title XII, Sec.

1207-1210, as added Pub. L. 90-575, title II, Sec. 295, Oct. 16,

1968, 82 Stat. 1051, 1052, provided for program planning and

evaluation for higher education programs; advance funding;

evaluation reports and Congressional review; and availability of

appropriations on academic or school year basis, prior to repeal by

Pub. L. 91-230, title IV, Sec. 401(b), Apr. 13, 1970, 84 Stat. 172.

-CITE-

20 USC SUBCHAPTER VIII - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VIII - MISCELLANEOUS

.

-HEAD-

SUBCHAPTER VIII - MISCELLANEOUS

-CITE-

20 USC Sec. 1151 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 1151. Grants to States for workplace and community transition

training for incarcerated youth offenders

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) Over 150,000 youth offenders age 21 and younger are

incarcerated in the Nation's jails, juvenile facilities, and

prisons.

(2) Most youth offenders who are incarcerated have been

sentenced as first-time adult felons.

(3) Approximately 75 percent of youth offenders are high school

dropouts who lack basic literacy and life skills, have little or

no job experience, and lack marketable skills.

(4) The average incarcerated youth has attended school only

through grade 10.

(5) Most of these youths can be diverted from a life of crime

into productive citizenship with available educational,

vocational, work skills, and related service programs.

(6) If not involved with educational programs while

incarcerated, almost all of these youths will return to a life of

crime upon release.

(7) The average length of sentence for a youth offender is

about 3 years. Time spent in prison provides a unique

opportunity for education and training.

(8) Even with quality education and training provided during

incarceration, a period of intense supervision, support, and

counseling is needed upon release to ensure effective

reintegration of youth offenders into society.

(9) Research consistently shows that the vast majority of

incarcerated youths will not return to the public schools to

complete their education.

(10) There is a need for alternative educational opportunities

during incarceration and after release.

(b) ''Youth offender'' defined

For purposes of this section, the term ''youth offender'' means a

male or female offender under the age of 25, who is incarcerated in

a State prison, including a prerelease facility.

(c) Grant program

The Secretary of Education (in this section referred to as the

''Secretary'') shall establish a program in accordance with this

section to provide grants to the State correctional education

agencies in the States, from allocations for the States under

subsection (i) of this section, to assist and encourage

incarcerated youths to acquire functional literacy, life, and job

skills, through the pursuit of a postsecondary education

certificate, or an associate of arts or bachelor's degree while in

prison, and employment counseling and other related services which

start during incarceration and continue through prerelease and

while on parole.

(d) Application

To be eligible for a grant under this section, a State

correctional education agency shall submit to the Secretary a

proposal for a youth offender program that -

(1) identifies the scope of the problem, including the number

of incarcerated youths in need of postsecondary education and

vocational training;

(2) lists the accredited public or private educational

institution or institutions that will provide postsecondary

educational services;

(3) lists the cooperating agencies, public and private, or

businesses that will provide related services, such as counseling

in the areas of career development, substance abuse, health, and

parenting skills;

(4) describes the evaluation methods and performance measures

that the State correctional education agency will employ, which

methods and measures -

(A) shall be appropriate to meet the goals and objectives of

the proposal; and

(B) shall include measures of -

(i) program completion;

(ii) student academic and vocational skill attainment;

(iii) success in job placement and retention; and

(iv) recidivism;

(5) describes how the proposed programs are to be integrated

with existing State correctional education programs (such as

adult education, graduate education degree programs, and

vocational training) and State industry programs;

(6) addresses the educational needs of youth offenders who are

in alternative programs (such as boot camps); and

(7) describes how students will be selected so that only youth

offenders eligible under subsection (f) of this section will be

enrolled in postsecondary programs.

(e) Program requirements

Each State correctional education agency receiving a grant under

this section shall -

(1) integrate activities carried out under the grant with the

objectives and activities of the school-to-work programs of such

State, including -

(A) work experience or apprenticeship programs;

(B) transitional worksite job training for vocational

education students that is related to the occupational goals of

such students and closely linked to classroom and laboratory

instruction;

(C) placement services in occupations that the students are

preparing to enter;

(D) employment-based learning programs; and

(E) programs that address State and local labor shortages;

(2) annually report to the Secretary and the Attorney General

on the results of the evaluations conducted using the methods and

performance measures contained in the proposal; and

(3) provide to each State for each student eligible under

subsection (f) of this section not more than $1,500 annually for

tuition, books, and essential materials, and not more than $300

annually for related services such as career development,

substance abuse counseling, parenting skills training, and health

education, for each eligible incarcerated youth.

(f) Student eligibility

A youth offender shall be eligible for participation in a program

receiving a grant under this section if the youth offender -

(1) is eligible to be released within 5 years (including a

youth offender who is eligible for parole within such time); and

(2) is 25 years of age or younger.

(g) Length of participation

A State correctional education agency receiving a grant under

this section shall provide educational and related services to each

participating youth offender for a period not to exceed 5 years, 1

year of which may be devoted to study in a graduate education

degree program or to remedial education services for students who

have obtained a secondary school diploma or its recognized

equivalent. Educational and related services shall start during

the period of incarceration in prison or prerelease and may

continue during the period of parole.

(h) Education delivery systems

State correctional education agencies and cooperating

institutions shall, to the extent practicable, use high-tech

applications in developing programs to meet the requirements and

goals of this section.

(i) Allocation of funds

From the funds appropriated pursuant to subsection (j) of this

section for each fiscal year, the Secretary shall allot to each

State an amount that bears the same relationship to such funds as

the total number of students eligible under subsection (f) of this

section in such State bears to the total number of such students in

all States.

(j) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$17,000,000 for fiscal year 1999 and such sums as may be necessary

for each of the 4 succeeding fiscal years.

-SOURCE-

(Pub. L. 105-244, title VIII, Sec. 821, Oct. 7, 1998, 112 Stat.

1813.)

-COD-

CODIFICATION

Section was enacted as part of the Higher Education Amendments of

1998, and not as part of the Higher Education Act of 1965 which

comprises this chapter.

-CITE-

20 USC Sec. 1152 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 1152. Grants to combat violent crimes against women on

campuses

-STATUTE-

(a) Grants authorized

(1) In general

The Attorney General is authorized to make grants to

institutions of higher education, for use by such institutions or

consortia consisting of campus personnel, student organizations,

campus administrators, security personnel, and regional crisis

centers affiliated with the institution, to develop and

strengthen effective security and investigation strategies to

combat violent crimes against women on campuses, and to develop

and strengthen victim services in cases involving violent crimes

against women on campuses, which may include partnerships with

local criminal justice authorities and community-based victim

services agencies.

(2) Award basis

The Attorney General shall award grants and contracts under

this section on a competitive basis.

(3) Equitable participation

The Attorney General shall make every effort to ensure -

(A) the equitable participation of private and public

institutions of higher education in the activities assisted

under this section; and

(B) the equitable geographic distribution of grants under

this section among the various regions of the United States.

(b) Use of grant funds

Grant funds awarded under this section may be used for the

following purposes:

(1) To provide personnel, training, technical assistance, data

collection, and other equipment with respect to the increased

apprehension, investigation, and adjudication of persons

committing violent crimes against women on campus.

(2) To train campus administrators, campus security personnel,

and personnel serving on campus disciplinary or judicial boards

to more effectively identify and respond to violent crimes

against women on campus, including the crimes of sexual assault,

stalking, domestic violence, and dating violence.

(3) To implement and operate education programs for the

prevention of violent crimes against women.

(4) To develop, enlarge, or strengthen support services

programs, including medical or psychological counseling, for

victims of sexual offense crimes.

(5) To create, disseminate, or otherwise provide assistance and

information about victims' options on and off campus to bring

disciplinary or other legal action, including assistance to

victims in immigration matters.

(6) To develop and implement more effective campus policies,

protocols, orders, and services specifically devoted to prevent,

identify, and respond to violent crimes against women on campus,

including the crimes of sexual assault, stalking, domestic

violence, and dating violence.

(7) To develop, install, or expand data collection and

communication systems, including computerized systems, linking

campus security to the local law enforcement for the purpose of

identifying and tracking arrests, protection orders, violations

of protection orders, prosecutions, and convictions with respect

to violent crimes against women on campus, including the crimes

of sexual assault, stalking, domestic violence, and dating

violence.

(8) To develop, enlarge, or strengthen victim services programs

for the campus and to improve delivery of victim services on

campus.

(9) To provide capital improvements (including improved

lighting and communications facilities but not including the

construction of buildings) on campuses to address violent crimes

against women on campus, including the crimes of sexual assault,

stalking, domestic violence, and dating violence.

(10) To support improved coordination among campus

administrators, campus security personnel, and local law

enforcement to reduce violent crimes against women on campus.

(c) Applications

(1) In general

In order to be eligible to be awarded a grant under this

section for any fiscal year, an institution of higher education

shall submit an application to the Attorney General at such time

and in such manner as the Attorney General shall prescribe.

(2) Contents

Each application submitted under paragraph (1) shall -

(A) describe the need for grant funds and the plan for

implementation for any of the purposes described in subsection

(b) of this section;

(B) describe how the campus authorities shall consult and

coordinate with nonprofit and other victim services programs,

including sexual assault, domestic violence and dating violence

victim services programs;

(C) describe the characteristics of the population being

served, including type of campus, demographics of the

population, and number of students;

(D) provide measurable goals and expected results from the

use of the grant funds;

(E) provide assurances that the Federal funds made available

under this section shall be used to supplement and, to the

extent practical, increase the level of funds that would, in

the absence of Federal funds, be made available by the

institution for the purposes described in subsection (b) of

this section; and

(F) include such other information and assurances as the

Attorney General reasonably determines to be necessary.

(3) Compliance with campus crime reporting required

No institution of higher education shall be eligible for a

grant under this section unless such institution is in compliance

with the requirements of section 1092(f) of this title.

(d) General terms and conditions

(1) Nonmonetary assistance

In addition to the assistance provided under this section, the

Attorney General may request any Federal agency to use the

agency's authorities and the resources granted to the agency

under Federal law (including personnel, equipment, supplies,

facilities, and managerial, technical, and advisory services) in

support of campus security, and investigation and victim service

efforts.

(2) Grantee reporting

(A) Annual report

Each institution of higher education receiving a grant under

this section shall submit an annual performance report to the

Attorney General. The Attorney General shall suspend funding

under this section for an institution of higher education if

the institution fails to submit an annual performance report.

(B) Final report

Upon completion of the grant period under this section, the

institution shall file a performance report with the Attorney

General and the Secretary of Education explaining the

activities carried out under this section together with an

assessment of the effectiveness of those activities in

achieving the purposes described in subsection (b) of this

section.

(3) Report to Congress

Not later than 180 days after the end of the fiscal year for

which grants are awarded under this section, the Attorney General

shall submit to the committees of the House of Representatives

and the Senate responsible for issues relating to higher

education and crime, a report that includes -

(A) the number of grants, and the amount of funds,

distributed under this section;

(B) a summary of the purposes for which the grants were

provided and an evaluation of the progress made under the

grant;

(C) a statistical summary of the persons served, detailing

the nature of victimization, and providing data on age, sex,

race, ethnicity, language, disability, relationship to

offender, geographic distribution, and type of campus; and

(D) an evaluation of the effectiveness of programs funded

under this part, (FOOTNOTE 1) including information obtained

from reports submitted pursuant to section 1092(f) of this

title.

(FOOTNOTE 1) See References in Text note below.

(4) Regulations or guidelines

Not later than 120 days after October 7, 1998, the Attorney

General, in consultation with the Secretary of Education, shall

publish proposed regulations or guidelines implementing this

section. Not later than 180 days after October 7, 1998, the

Attorney General shall publish final regulations or guidelines

implementing this section.

(f) (FOOTNOTE 2) Definitions

(FOOTNOTE 2) So in original. No subsec. (e) has been enacted.

In this section -

(1) the term ''dating violence'' means violence committed by a

person -

(A) who is or has been in a social relationship of a romantic

or intimate nature with the victim; and

(B) where the existence of such a relationship shall be

determined based on a consideration of the following factors:

(i) the length of the relationship;

(ii) the type of relationship; and

(iii) the frequency of interaction between the persons

involved in the relationship. (FOOTNOTE 3)

(FOOTNOTE 3) So in original. The period probably should be a

semicolon.

(2) the term ''domestic violence'' includes acts or threats of

violence, not including acts of self defense, committed by a

current or former spouse of the victim, by a person with whom the

victim shares a child in common, by a person who is cohabitating

with or has cohabitated with the victim, by a person similarly

situated to a spouse of the victim under the domestic, dating or

family violence laws of the jurisdiction, or by any other person

against a victim who is protected from that person's acts under

the domestic, dating or family violence laws of the jurisdiction;

(3) the term ''sexual assault'' means any conduct proscribed by

chapter 109A of title 18, whether or not the conduct occurs in

the special maritime and territorial jurisdiction of the United

States or in a Federal prison, including both assaults committed

by offenders who are strangers to the victim and assaults

committed by offenders who are known or related by blood or

marriage to the victim; and

(4) the term ''victim services'' means a nonprofit,

nongovernmental organization or a public, nonprofit organization

acting in a nongovernmental capacity that assists domestic

violence, dating violence or sexual assault victims, including

campus women's centers, rape crisis centers, battered women's

shelters, and other sexual assault, domestic violence or dating

violence programs, including campus counseling support and victim

advocate organizations with domestic violence, dating violence,

stalking, and sexual assault programs, whether or not organized

and staffed by students.

(g) Authorization of appropriations

For the purpose of carrying out this part, (FOOTNOTE 1) there are

authorized to be appropriated $10,000,000 for each of fiscal years

2001 through 2005.

-SOURCE-

(Pub. L. 105-244, title VIII, Sec. 826, Oct. 7, 1998, 112 Stat.

1815; Pub. L. 106-386, div. B, title I, Sec. 1108(a), title V,

Sec. 1512(d), Oct. 28, 2000, 114 Stat. 1500, 1533.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsecs. (d)(3)(D) and (g), is part E

(Sec. 826, 827) of title VIII of Pub. L. 105-244, which enacted

this section and provisions set out as a note under this section.

-COD-

CODIFICATION

Section was enacted as part of the Higher Education Amendments of

1998, and not as part of the Higher Education Act of 1965 which

comprises this chapter.

-MISC3-

AMENDMENTS

2000 - Subsec. (b)(2). Pub. L. 106-386, Sec. 1108(a)(1),

substituted ''domestic violence, and dating violence'' for ''and

domestic violence''.

Subsec. (b)(5). Pub. L. 106-386, Sec. 1512(d), inserted '',

including assistance to victims in immigration matters'' before

period at end.

Subsec. (b)(6), (7), (9). Pub. L. 106-386, Sec. 1108(a)(1),

substituted ''domestic violence, and dating violence'' for ''and

domestic violence''.

Subsec. (c)(2)(B). Pub. L. 106-386, Sec. 1108(a)(2), substituted

'', domestic violence and dating violence'' for ''and domestic

violence''.

Subsec. (f)(1). Pub. L. 106-386, Sec. 1108(a)(3)(B), added par.

(1). Former par. (1) redesignated (2).

Subsec. (f)(2). Pub. L. 106-386, Sec. 1108(a)(3)(C), which

directed the amendment of par. (2) by inserting '', dating'' after

''domestic'' wherever appearing, was executed by inserting '',

dating'' after ''domestic'' the second and third places appearing,

to reflect the probable intent of Congress.

Pub. L. 106-386, Sec. 1108(a)(3)(A), redesignated par. (1) as

(2). Former par. (2) redesignated (3).

Subsec. (f)(3). Pub. L. 106-386, Sec. 1108(a)(3)(A), redesignated

par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (f)(4). Pub. L. 106-386, Sec. 1108(a)(3)(A), (D),

redesignated par. (3) as (4), inserted ''or a public, nonprofit

organization acting in a nongovernmental capacity'' after

''organization'', '', dating violence'' after ''assists domestic

violence'', and ''dating violence,'' before ''stalking,'' and

substituted '', domestic violence or dating violence'' for ''or

domestic violence''.

Subsec. (g). Pub. L. 106-386, Sec. 1108(a)(4), substituted ''each

of fiscal years 2001 through 2005'' for ''fiscal year 1999 and such

sums as may be necessary for each of the 4 succeeding fiscal

years''.

STUDY OF INSTITUTIONAL PROCEDURES TO REPORT SEXUAL ASSAULTS

Pub. L. 105-244, title VIII, Sec. 827, Oct. 7, 1998, 112 Stat.

1819, provided that:

''(a) In General. - The Attorney General, in consultation with

the Secretary of Education, shall provide for a national study to

examine procedures undertaken after an institution of higher

education receives a report of sexual assault.

''(b) Report. - The study required by subsection (a) shall

include an analysis of -

''(1) the existence and publication of the institution of

higher education's and State's definition of sexual assault;

''(2) the existence and publication of the institution's policy

for campus sexual assaults;

''(3) the individuals to whom reports of sexual assault are

given most often and -

''(A) how the individuals are trained to respond to the

reports; and

''(B) the extent to which the individuals are trained;

''(4) the reporting options that are articulated to the victim

or victims of the sexual assault regarding -

''(A) on-campus reporting and procedure options; and

''(B) off-campus reporting and procedure options;

''(5) the resources available for victims' safety, support,

medical health, and confidentiality, including -

''(A) how well the resources are articulated both

specifically to the victim of sexual assault and generally to

the campus at large; and

''(B) the security of the resources in terms of

confidentiality or reputation;

''(6) policies and practices that may prevent or discourage the

reporting of campus sexual assaults to local crime authorities,

or that may otherwise obstruct justice or interfere with the

prosecution of perpetrators of campus sexual assaults;

''(7) policies and practices found successful in aiding the

report and any ensuing investigation or prosecution of a campus

sexual assault;

''(8) the on-campus procedures for investigation and

disciplining the perpetrator of a sexual assault, including -

''(A) the format for collecting evidence; and

''(B) the format of the investigation and disciplinary

proceeding, including the faculty responsible for running the

disciplinary procedure and the persons allowed to attend the

disciplinary procedure; and

''(9) types of punishment for offenders, including -

''(A) whether the case is directed outside the institution

for further punishment; and

''(B) how the institution punishes perpetrators.

''(c) Submission of Report. - The report required by subsection

(b) shall be submitted to Congress not later than September 1,

2000.

''(d) Definition. - For purposes of this section, the term

'campus sexual assaults' means sexual assaults occurring at

institutions of higher education and sexual assaults committed

against or by students or employees of such institutions.

''(e) Authorization of Appropriations. - There is authorized to

be appropriated to carry out this section $1,000,000 for fiscal

year 2000.''

-CITE-

20 USC Sec. 1153 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 1153. Underground Railroad educational and cultural program

-STATUTE-

(a) Program established

The Secretary of Education, in consultation and cooperation with

the Secretary of the Interior, is authorized to make grants to 1 or

more nonprofit educational organizations that are established to

research, display, interpret, and collect artifacts relating to the

history of the Underground Railroad.

(b) Grant agreement

Each nonprofit educational organization awarded a grant under

this section shall enter into an agreement with the Secretary of

Education. Each such agreement shall require the organization -

(1) to establish a facility to house, display, and interpret

the artifacts related to the history of the Underground Railroad,

and to make the interpretive efforts available to institutions of

higher education that award a baccalaureate or graduate degree;

(2) to demonstrate substantial private support for the facility

through the implementation of a public-private partnership

between a State or local public entity and a private entity for

the support of the facility, which private entity shall provide

matching funds for the support of the facility in an amount equal

to 4 times the amount of the contribution of the State or local

public entity, except that not more than 20 percent of the

matching funds may be provided by the Federal Government;

(3) to create an endowment to fund any and all shortfalls in

the costs of the on-going operations of the facility;

(4) to establish a network of satellite centers throughout the

United States to help disseminate information regarding the

Underground Railroad throughout the United States, if such

satellite centers raise 80 percent of the funds required to

establish the satellite centers from non-Federal public and

private sources;

(5) to establish the capability to electronically link the

facility with other local and regional facilities that have

collections and programs which interpret the history of the

Underground Railroad; and

(6) to submit, for each fiscal year for which the organization

receives funding under this section, a report to the Secretary of

Education that contains -

(A) a description of the programs and activities supported by

the funding;

(B) the audited financial statement of the organization for

the preceding fiscal year;

(C) a plan for the programs and activities to be supported by

the funding as the Secretary may require; and

(D) an evaluation of the programs and activities supported by

the funding as the Secretary may require.

(c) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$6,000,000 for fiscal year 1999, $6,000,000 for fiscal year 2000,

$6,000,000 for fiscal year 2001, $3,000,000 for fiscal year 2002,

and $3,000,000 for fiscal year 2003.

-SOURCE-

(Pub. L. 105-244, title VIII, Sec. 841, Oct. 7, 1998, 112 Stat.

1820.)

-COD-

CODIFICATION

Section was enacted as part of the Higher Education Amendments of

1998, and not as part of the Higher Education Act of 1965 which

comprises this chapter.

-CITE-

20 USC Sec. 1154 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 1154. Contract authority

-STATUTE-

The authorization to enter into contracts or other obligations

under the Act, as amended by this Act, shall be effective for

fiscal year 1981 and any succeeding fiscal year only to the extent

or in such amounts as are provided in advance in appropriation

Acts.

-SOURCE-

(Pub. L. 96-374, title XIII, Sec. 1392, Oct. 3, 1980, 94 Stat.

1504.)

-REFTEXT-

REFERENCES IN TEXT

The Act, as amended by this Act, referred to in text, means the

Higher Education Act of 1965, Pub. L. 89-329, Nov. 8, 1965, 79

Stat. 1219, as amended by the Education Amendments of 1980, Pub. L.

96-373, Oct. 3, 1980, 94 Stat. 1367, which is classified

principally to this chapter. For complete classification of this

Act to the Code, see Short Title note set out under section 1001 of

this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1146 of this title.

Section was enacted as part of the Education Amendments of 1980,

and not as part of the Higher Education Act of 1965 which comprises

this chapter.

Section was enacted as part of the Higher Education Amendments of

1986, and not as part of the Higher Education Act of 1965 which

comprises this chapter.

-MISC3-

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 1393(a) of Pub. L.

96-374, set out as an Effective Date of 1980 Amendment note under

section 1001 of this title.

CONTRACTING AUTHORITY SUBJECT TO APPROPRIATIONS

Pub. L. 99-498, Sec. 3, Oct. 17, 1986, 100 Stat. 1278, provided

that: ''The authority to enter into contracts or other obligations

under this Act (other than amendments made to part B of title IV of

the Act) (see Tables for classification) shall be effective for any

fiscal year only to such extent or in such amounts as are provided

in appropriation Acts.''

-CITE-

20 USC Sec. 1155 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 1155. Connie Lee privatization

-STATUTE-

(a) Status of Corporation and corporate powers; obligations not

federally guaranteed

(1) Status of the Corporation

The Corporation shall not be an agency, instrumentality, or

establishment of the United States Government, nor a Government

corporation, nor a Government controlled corporation, as such

terms are defined in section 103 of title 5. No action under

section 1491 of title 28 (commonly known as the Tucker Act) shall

be allowable against the United States based on the actions of

the Corporation.

(2) Corporate powers

The Corporation shall be subject to the provisions of this

section, and, to the extent not inconsistent with this section,

to the District of Columbia Business Corporation Act (or the

comparable law of another State, if applicable). The Corporation

shall have the powers conferred upon a corporation by the

District of Columbia Business Corporation Act (or such other

applicable State law) as from time to time in effect in order to

conduct the Corporation's affairs as a private, for-profit

corporation and to carry out the Corporation's purposes and

activities incidental thereto. The Corporation shall have the

power to enter into contracts, to execute instruments, to incur

liabilities, to provide products and services, and to do all

things as are necessary or incidental to the proper management of

the Corporation's affairs and the efficient operation of a

private, for-profit business.

(3) Limitation on ownership of stock

(A) Student Loan Marketing Association

The Student Loan Marketing Association shall not increase its

share of the ownership of the Corporation in excess of 42

percent of the shares of stock of the Corporation outstanding

on September 30, 1996. The Student Loan Marketing Association

shall not control the operation of the Corporation, except that

the Student Loan Marketing Association may participate in the

election of directors as a shareholder, and may continue to

exercise the Student Loan Marketing Association's right to

appoint directors under section 1132f-3 of this title as long

as that section is in effect.

(B) Prohibition

Until such time as the Secretary of the Treasury sells the

stock of the Corporation owned by the Secretary of Education

pursuant to subsection (c) of this section, the Student Loan

Marketing Association shall not provide financial support or

guarantees to the Corporation.

(C) Financial support or guarantees

After the Secretary of the Treasury sells the stock of the

Corporation owned by the Secretary of Education pursuant to

subsection (c) of this section, the Student Loan Marketing

Association may provide financial support or guarantees to the

Corporation, if such support or guarantees are subject to terms

and conditions that are no more advantageous to the Corporation

than the terms and conditions the Student Loan Marketing

Association provides to other entities, including, where

applicable, other monoline financial guaranty corporations in

which the Student Loan Marketing Association has no ownership

interest.

(4) No Federal guarantee

(A) Obligations insured by the Corporation

(i) Full faith and credit of the United States

No obligation that is insured, guaranteed, or otherwise

backed by the Corporation shall be deemed to be an obligation

that is guaranteed by the full faith and credit of the United

States.

(ii) Student Loan Marketing Association

No obligation that is insured, guaranteed, or otherwise

backed by the Corporation shall be deemed to be an obligation

that is guaranteed by the Student Loan Marketing Association.

(iii) Special rule

This paragraph shall not affect the determination of

whether such obligation is guaranteed for purposes of Federal

income taxes.

(B) Securities offered by the Corporation

No debt or equity securities of the Corporation shall be

deemed to be guaranteed by the full faith and credit of the

United States.

(5) ''Corporation'' defined

The term ''Corporation'' as used in this section means the

College Construction Loan Insurance Association as in existence

on the day before September 30, 1996, and any successor

corporation.

(b) Related privatization requirements

(1) Notice requirements

(A) In general

During the six-year period following September 30, 1996, the

Corporation shall include, in each of the Corporation's

contracts for the insurance, guarantee, or reinsurance of

obligations, and in each document offering debt or equity

securities of the Corporation, a prominent statement providing

notice that -

(i) such obligations or such securities, as the case may

be, are not obligations of the United States, nor are such

obligations or such securities, as the case may be,

guaranteed in any way by the full faith and credit of the

United States; and

(ii) the Corporation is not an instrumentality of the

United States.

(B) Additional notice

During the five-year period following the sale of stock

pursuant to subsection (c)(1) of this section, in addition to

the notice requirements in subparagraph (A), the Corporation

shall include, in each of the contracts and documents referred

to in such subparagraph, a prominent statement providing notice

that the United States is not an investor in the Corporation.

(2) Corporate charter

The Corporation's charter shall be amended as necessary and

without delay to conform to the requirements of this section.

(3) Corporate name

The name of the Corporation, or of any direct or indirect

subsidiary thereof, may not contain the term ''College

Construction Loan Insurance Association'', or any substantially

similar variation thereof.

(4) Articles of incorporation

The Corporation shall amend the Corporation's articles of

incorporation without delay to reflect that one of the purposes

of the Corporation shall be to guarantee, insure, and reinsure

bonds, leases, and other evidences of debt of educational

institutions, including Historically Black Colleges and

Universities and other academic institutions which are ranked in

the lower investment grade category using a nationally recognized

credit rating system.

(5) Requirements until stock sale

Notwithstanding subsection (d) of this section, the

requirements of sections 1132f-3 and 1132f-9 of this title, as

such sections were in effect on the day before September 30,

1996, shall continue to be effective until the day immediately

following the date of closing of the purchase of the Secretary of

Education's stock (or the date of closing of the final purchase,

in the case of multiple transactions) pursuant to subsection

(c)(1) of this Act. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''section.''

(c) Sale of federally owned stock

(1) Purchase by the Corporation

The Secretary of the Treasury shall sell and the Corporation

shall purchase, within 90 days after September 30, 1996, the

stock of the Corporation held by the Secretary of Education at a

price determined by the binding, independent appraisal of a

nationally recognized financial firm, except that the 90-day

period may be extended by mutual agreement of the Secretary of

the Treasury and the Corporation to not more than 150 days after

September 30, 1996. The appraiser shall be jointly selected by

the Secretary of the Treasury and the Corporation. In the event

that the Secretary of the Treasury and the Corporation cannot

agree on the appraiser, then the Secretary of the Treasury and

the Corporation shall name an independent third party to select

the appraiser.

(2) Reimbursement of costs and expenses of sale

The Secretary of the Treasury shall be reimbursed from the

proceeds of the sale of the stock under this subsection for all

reasonable costs and expenses related to such sale, except that

one-half of all reasonable costs and expenses relating to the

independent appraisal under paragraph (1) shall be borne by the

Corporation.

(3) Deposit into account

Amounts collected from the sale of stock pursuant to this

subsection that are not used to reimburse the Secretary of the

Treasury pursuant to paragraph (2) shall be deposited into the

account established under subsection (e) of this section.

(4) Assistance by the Corporation

The Corporation shall provide such assistance as the Secretary

of the Treasury and the Secretary of Education may require to

facilitate the sale of the stock under this subsection.

(5) Report to Congress

Not later than 6 months after September 30, 1996, the Secretary

of the Treasury shall report to the appropriate committees of

Congress on the completion and terms of the sale of stock of the

Corporation pursuant to this subsection.

(d) Omitted

(e) Establishment of account

(1) In general

Notwithstanding any other provision of law, the District of

Columbia Financial Responsibility and Management Assistance

Authority shall establish an account to receive -

(A) amounts collected from the sale and proceeds resulting

from the exercise of stock warrants pursuant to section

1087-3(c)(9) of this title;

(B) amounts and proceeds remitted as compensation for the

right to assign the ''Sallie Mae'' name as a trademark or

service mark pursuant to section 1087-3(e)(3) of this title;

and

(C) amounts and proceeds collected from the sale of the stock

of the Corporation and deposited pursuant to subsection (c)(3)

of this section.

(2) Amounts and proceeds

(A) Amounts and proceeds relating to Sallie Mae

The amounts and proceeds described in subparagraphs (A) and

(B) of paragraph (1) shall be used to finance public elementary

and secondary school facility construction and repair within

the District of Columbia or to carry out the District of

Columbia School Reform Act of 1995.

(B) Amounts and proceeds relating to Connie Lee

The amounts and proceeds described in subparagraph (C) of

paragraph (1) shall be used to finance public and public

charter elementary and secondary school facility construction

and repair within the District of Columbia. Of such amounts and

proceeds, $5,000,000 shall be set aside for a credit

enhancement revolving fund for public charter schools in the

District of Columbia, to be administered and disbursed in

accordance with paragraph (3).

(3) Credit enhancement revolving fund for public charter schools

(A) Distribution of amounts

Of the amounts in the credit enhancement revolving fund

established under paragraph (2)(B) -

(i) 50 percent shall be used to make grants under

subparagraph (B); and

(ii) 50 percent shall be used to make grants under

subparagraph (C).

(B) Grants to eligible nonprofit corporations

(i) In general

Using the amounts described in subparagraph (A)(i), the

Mayor of the District of Columbia shall make and disburse

grants to eligible nonprofit corporations to carry out the

purposes described in subparagraph (E).

(ii) Administration

The Mayor shall administer the program of grants under this

subparagraph, except that if the committee described in

subparagraph (C)(iii) is in operation and is fully functional

prior to the date the Mayor makes the grants, the Mayor may

delegate the administration of the program to the committee.

(C) Other grants

(i) In general

Using the amounts described in subparagraph (A)(ii), the

Mayor of the District of Columbia shall make grants to

entities to carry out the purposes described in subparagraph

(E).

(ii) Participation of schools

A public charter school in the District of Columbia may

receive a grant under this subparagraph to carry out the

purposes described in subparagraph (E) in the same manner as

other entities receiving grants to carry out such activities.

(iii) Administration through committee

The Mayor shall carry out this subparagraph through the

committee appointed by the Mayor under the second sentence of

paragraph (2)(B) (as in effect prior to November 22, 2000).

The committee may enter into an agreement with a third party

to carry out its responsibilities under this subparagraph.

(iv) Cap on administrative costs

Not more than 5 percent of the funds available for grants

under this subparagraph may be used to cover the

administrative costs of making grants under this

subparagraph.

(D) Special rule regarding eligibility of nonprofit

corporations

In order to be eligible to receive a grant under this

paragraph, a nonprofit corporation must provide appropriate

certification to the Mayor or to the committee described in

subparagraph (C)(iii) (as the case may be) that it is duly

authorized by two or more public charter schools in the

District of Columbia to act on their behalf in obtaining

financing (or in assisting them in obtaining financing) to

cover the costs of activities described in subparagraph (E)(i).

(E) Purposes of grants

(i) In general

The recipient of a grant under this paragraph shall use the

funds provided under the grant to carry out activities to

assist public charter schools in the District of Columbia in

-

(I) obtaining financing to acquire interests in real

property (including by purchase, lease, or donation),

including financing to cover planning, development, and

other incidental costs;

(II) obtaining financing for construction of facilities

or the renovation, repair, or alteration of existing

property or facilities (including the purchase or

replacement of fixtures and equipment), including financing

to cover planning, development, and other incidental costs;

and

(III) enhancing the availability of loans (including

mortgages) and bonds.

(ii) No direct funding for schools

Funds provided under a grant under this subparagraph may

not be used by a recipient to make direct loans or grants to

public charter schools.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VI, Sec.

603), Sept. 30, 1996, 110 Stat. 3009-233, 3009-290; Pub. L.

106-113, div. A, title I, Sec. 153, Nov. 29, 1999, 113 Stat. 1526;

Pub. L. 106-522, Sec. 161, Nov. 22, 2000, 114 Stat. 2483; Pub. L.

106-553, Sec. 1(a)(1) (Sec. 161), Dec. 21, 2000, 114 Stat. 2762,

2762A-45; Pub. L. 106-554, Sec. 1(a)(4) (div. A, Sec. 406(a)), Dec.

21, 2000, 114 Stat. 2763, 2763A-189; Pub. L. 107-96, Dec. 21, 2001,

115 Stat. 936.)

-REFTEXT-

REFERENCES IN TEXT

The District of Columbia Business Corporation Act, referred to in

subsec. (a)(2), is act June 8, 1954, ch. 269, 68 Stat. 179, as

amended, which is not classified to the Code.

Sections 1132f-3 and 1132f-9 of this title, referred to in

subsecs. (a)(3)(A) and (b)(5), were repealed by subsec. (d) of this

section.

The District of Columbia School Reform Act of 1995, referred to

in subsec. (e)(2)(A), is Pub. L. 104-134, title I, Sec. 101(b)

(title II), Apr. 26, 1996, 110 Stat. 1321-77, 1321-107, as amended,

which amended sections 6322, 6364, and 6365 of this title and

enacted provisions set out as a note under section 6322 of this

title. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1132f-10 of this

title.

Section enacted as part of the Student Loan Marketing Association

Reorganization Act of 1996, and not as part of the Higher Education

Act of 1965 which comprises this chapter.

Section is comprised of section 101(e) (title VI, Sec. 603) of

div. A of Pub. L. 104-208. Subsec. (d) of section 603 of title VI

of section 101(e) of Pub. L. 104-208, repealed sections 1132f to

1132f-9 of this title.

-MISC3-

AMENDMENTS

2001 - Subsec. (e)(2)(B). Pub. L. 107-96, par. (2), which

directed amendment of section 161 of Pub. L. 106-522, by inserting

''revolving'' after ''enhancement'' in second sentence of par.

(2)(B), was executed by revising the amendment by Pub. L. 106-522,

Sec. 161(1), which had amended the second sentence of subsec.

(e)(2)(B) of this section, to reflect the probable intent of

Congress. See 2000 Amendment note below.

Subsec. (e)(3). Pub. L. 107-96, pars. (1), (3), amended Pub. L.

106-522, Sec. 161(2). See 2000 Amendment note below.

Pub. L. 107-96, par. (2), which directed amendment of section 161

of Pub. L. 106-522, by inserting ''revolving'' after

''enhancement'' in heading of par. (3) and in par. (3)(A), was

executed by revising the amendment by Pub. L. 106-522, Sec. 161(2),

which had added subsec. (e)(3) to this section, to reflect the

probable intent of Congress. See 2000 Amendment note below.

Subsec. (e)(3)(C)(iv). Pub. L. 107-96, proviso, which directed

amendment of the cap on administrative costs as amended by Pub. L.

106-522, Sec. 161, by substituting ''5 percent'' for ''10

percent'', could not be executed because the words ''10 percent''

did not appear in this section after the amendment of Pub. L.

106-522, Sec. 161(2), by Pub. L. 107-96, par. (3). See 2000

Amendment note below.

2000 - Subsec. (e)(2)(B). Pub. L. 106-553, Sec. 1(a)(1) (Sec.

161(1)), which directed amendment identical to amendment by Pub. L.

106-522, Sec. 161(1), below, was repealed by Pub. L. 106-554, Sec.

1(a)(4) (div. A, Sec. 406(a)). See Effective Date and Construction

of 2000 Amendment note below.

Pub. L. 106-522, Sec. 161(1), as amended by Pub. L. 107-96, par.

(2), amended second sentence generally. Prior to amendment, second

sentence read as follows: ''Of such amounts and proceeds,

$5,000,000 shall be set aside for use as a credit enhancement fund

for public charter schools in the District of Columbia, with the

administration of the fund (including the making of loans) to be

carried out by the Mayor through a committee consisting of three

individuals appointed by the Mayor of the District of Columbia and

two individuals appointed by the Public Charter School Board

established under section 2214 of the District of Columbia School

Reform Act of 1995.''

Subsec. (e)(3). Pub. L. 106-553, Sec. 1(a)(1) (Sec. 161(2)),

which directed amendment identical to amendment by Pub. L. 106-522,

Sec. 161(2), below, was repealed by Pub. L. 106-554, Sec. 1(a)(4)

(div. A, Sec. 406(a)). See Effective Date and Construction of 2000

Amendment note below.

Pub. L. 106-522, Sec. 161(2), as amended by Pub. L. 107-96, pars.

(1) to (3), added par. (3).

1999 - Subsec. (e)(2)(B). Pub. L. 106-113 inserted ''and public

charter'' after ''public'' and inserted at end ''Of such amounts

and proceeds, $5,000,000 shall be set aside for use as a credit

enhancement fund for public charter schools in the District of

Columbia, with the administration of the fund (including the making

of loans) to be carried out by the Mayor through a committee

consisting of three individuals appointed by the Mayor of the

District of Columbia and two individuals appointed by the Public

Charter School Board established under section 2214 of the District

of Columbia School Reform Act of 1995.''

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-96, Dec. 21, 2001, 115 Stat. 936, provided that the

amendments made by that act to section 161 of Pub. L. 106-522 are

effective as if included in Pub. L. 106-522.

EFFECTIVE DATE AND CONSTRUCTION OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(4) (div. A, Sec. 406), Dec. 21, 2000,

114 Stat. 2763, 2763A-189, provided that:

''(a) The provisions of H.R. 5547 (as enacted into law by H.R.

4942 of the 106th Congress) (H.R. 5547 as enacted by section

1(a)(1) of Pub. L. 106-553, amending this section and enacting

provisions set out as a note under section 6301 of Title 31, Money

and Finance) are repealed and shall be deemed for all purposes

(including section 1(b) of H.R. 4942 (Pub. L. 106-553, 1 U.S.C. 112

note)) to have never been enacted.

''(b) The repeal made by this section shall take effect as if

included in H.R. 4942 of the 106th Congress (Pub. L. 106-553) on

the date of its enactment (Dec. 21, 2000).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1087-3 of this title.

-CITE-