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

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-CITE-

20 USC CHAPTER 28 - HIGHER EDUCATION RESOURCES AND

STUDENT ASSISTANCE 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

-HEAD-

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

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SUBCHAPTER I - GENERAL PROVISIONS

PART A - DEFINITIONS

Sec.

1001. General definition of institution of higher education.

(a) Institution of higher education.

(b) Additional institutions included.

1002. Definition of institution of higher education for purposes of

student assistance programs.

(a) Definition of institution of higher education for

purposes of student assistance programs.

(b) Proprietary institution of higher education.

1003. Additional definitions.

PART B - ADDITIONAL GENERAL PROVISIONS

1011. Antidiscrimination.

(a) In general.

(b) Limitations on statutory construction.

1011a. Protection of student speech and association rights.

(a) Protection of rights.

(b) Construction.

1011b. Treatment of territories and territorial student assistance.

(a) Waiver authority.

(b) Eligibility.

1011c. National Advisory Committee on Institutional Quality and

Integrity.

(a) Establishment.

(b) Terms of members.

(d) Functions.

(e) Meeting procedures.

(f) Report.

(g) Termination.

1011d. Student representation.

1011e. Financial responsibility of foreign students.

1011f. Disclosures of foreign gifts.

(a) Disclosure report.

(b) Contents of report.

conditional gifts.

(d) Relation to other reporting requirements.

(e) Public inspection.

(f) Enforcement.

(g) Regulations.

(h) Definitions.

1011g. Application of peer review process.

1011h. Binge drinking on college campuses.

(a) Short title.

(b) Sense of Congress.

1011i. Drug and alcohol abuse prevention.

(a) Restriction on eligibility.

(b) Information availability.

(d) Appeals.

(e) Alcohol and drug abuse prevention grants.

(f) National Recognition Awards.

1011j. Prior rights and obligations.

(a) Authorization of appropriations.

(b) Legal responsibilities.

1011k. Recovery of payments.

(a) Public benefit.

(b) Recovery upon cessation of public benefit.

PART C - COST OF HIGHER EDUCATION

1015. Improvements in market information and public accountability

in higher education.

(a) Improved data collection.

(b) Data dissemination.

(d) Student aid recipient survey.

PART D - ADMINISTRATIVE PROVISIONS FOR DELIVERY OF STUDENT

FINANCIAL ASSISTANCE

1018. Performance-based organization for delivery of Federal

student financial assistance.

(a) Establishment and purpose.

(b) General authority.

(d) Chief operating officer.

(e) Senior management.

(f) Student Loan Ombudsman.

(g) Personnel flexibility.

(h) Establishment of fair and equitable system for

measuring staff performance.

(i) Report.

(j) Authorization of appropriations.

1018a. Procurement flexibility.

(a) Procurement authority.

(b) In general.

(d) Two-phase source-selection procedures.

(e) Use of simplified procedures for commercial

items.

(f) Flexible wait periods and deadlines for

submission of offers of noncommercial items.

(g) Modular contracting.

(h) Use of simplified procedures for small business

set-asides for services other than commercial

items.

(i) Guidance for use of authority.

(j) Limitation on multiagency contracting.

(k) Laws not affected.

(l) Definitions.

1018b. Administrative simplification of student aid delivery.

(a) In general.

(b) Participation in standard setting organizations.

(d) Use of clearinghouses.

(e) Data security.

(f) Definitions.

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

PART A - TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND

PARTNERSHIPS

1021. Purposes; definitions.

(a) Purposes.

(b) Definitions.

1022. State grants.

(a) In general.

(b) Eligible State.

(d) Uses of funds.

1023. Partnership grants.

(a) Grants.

(b) Definitions.

(d) Required uses of funds.

(e) Allowable uses of funds.

(f) Special rule.

(g) Construction.

1024. Teacher recruitment grants.

(a) Program authorized.

(b) ''Eligible applicant'' defined.

(d) Uses of funds.

(e) Service requirements.

1025. Administrative provisions.

(a) Duration; one-time awards; payments.

(b) Peer review.

(d) Limitation on administrative expenses.

(e) Teacher qualifications provided to parents upon

request.

1026. Accountability and evaluation.

(a) State grant accountability report.

(b) Eligible partnership evaluation.

(d) Evaluation and dissemination.

1027. Accountability for programs that prepare teachers.

(a) Development of definitions and reporting methods.

(b) State report card on quality of teacher

preparation.

(d) Report of Secretary on quality of teacher

preparation.

(e) Coordination.

(f) Institutional report cards on quality of teacher

preparation.

1028. State functions.

(a) State assessment.

(b) Termination of eligibility.

1029. General provisions.

(a) Methods.

(b) Special rule.

1030. Authorization of appropriations.

PART B - PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY

1041. Purpose and program authority.

(a) Purpose.

(b) Program authority.

1042. Eligibility.

(a) Eligible applicants.

(b) Application requirements.

1043. Use of funds.

(a) Required uses.

(b) Permissible uses.

1044. Authorization of appropriations.

SUBCHAPTER III - INSTITUTIONAL AID

1051. Findings and purpose.

(a) Findings.

(b) Purpose.

PART A - STRENGTHENING INSTITUTIONS

1057. Program purpose.

(a) General authorization.

(b) Grants awarded; special consideration.

(d) Endowment fund.

1058. Definitions; eligibility.

(a) Educational and general expenditures.

(b) Eligible institution.

(d) Enrollment of needy students.

(e) Full-time equivalent students.

(f) Junior or community college.

(g) Historically black college or university.

1059. Duration of grant.

(a) Award period.

(b) Limitations.

(d) Wait-out-period.

1059a. Applications.

1059b. Goals for financial management and academic program.

(a) Goals.

(b) Continuation requirements.

1059c. American Indian tribally controlled colleges and

universities.

(a) Program authorized.

(b) Definitions.

(d) Application process.

1059d. Alaska Native and Native Hawaiian-serving institutions.

(a) Program authorized.

(b) Definitions.

(d) Application process.

PART B - STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

1060. Findings and purposes.

1061. Definitions.

1062. Grants to institutions.

(a) General authorization; uses of funds.

(b) Endowment fund.

1063. Allotments to institutions.

(a) Allotment; Pell Grant basis.

(b) Allotment; graduates basis.

basis.

(d) Minimum allotment.

(e) Reallotment.

(f) Special merger rule.

(g) Special rule for certain District of Columbia

eligible institutions.

1063a. Applications.

(a) Contents.

(b) Approval.

programs.

1063b. Professional or graduate institutions.

(a) General authorization.

(b) Duration.

(d) Application.

(e) Eligibility.

(f) Funding rule.

(g) Hold harmless rule.

1063c. Reporting and audit requirements.

(a) Recordkeeping.

(b) Repayment of unexpended funds.

PART C - ENDOWMENT CHALLENGE GRANTS FOR INSTITUTIONS ELIGIBLE FOR

ASSISTANCE UNDER PART A OR PART B

1064. Repealed.

1065. Endowment challenge grants.

(a) Purpose; definitions.

(b) Grants authorized.

(d) Repayment provisions.

(e) Audit information.

(f) Selection criteria.

(g) Application.

(h) Termination and recovery provisions.

PART D - HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING

1066. Findings.

1066a. Definitions.

1066b. Federal insurance for bonds.

(a) General rule.

(b) Responsibilities of designated bonding authority.

(d) Full faith and credit provisions.

(e) Sale of bonds.

1066c. Limitations on Federal insurance for bonds issued by

designated bonding authority.

(a) Limit on amount.

(b) Limitation on credit authority.

(d) Discrimination prohibition.

1066d. Authority of Secretary.

1066e. Repealed.

1066f. HBCU Capital Financing Advisory Board.

(a) Establishment and purpose.

(b) Board membership.

1066g. Minority business enterprise utilization.

PART E - MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM

SUBPART 1 - MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM

1067. Findings.

1067a. Purpose; authority.

(a) Congressional declaration of purpose.

(b) Grant authority.

1067b. Grant recipient selection.

(a) Establishment of criteria.

(b) Priorities to be given in criteria.

1067c. Use of funds.

(a) Types of grants.

(b) Authorized uses for each type of grant.

1067d. Omitted.

SUBPART 2 - ADMINISTRATIVE AND GENERAL PROVISIONS

1067g. Eligibility for grants.

1067h. Grant application.

(a) Submission and contents of applications.

(b) Approval based on likelihood of progress.

1067i. Cross program and cross agency cooperation.

1067j. Administrative provisions.

(a) Technical staff.

(b) Procedures for grant review.

1067k. Definitions.

1067l. Repealed.

PART F - GENERAL PROVISIONS

1068. Applications for assistance.

(a) Applications.

(b) Contents.

(d) Eligibility data.

1068a. Waiver authority and reporting requirement.

(a) Waiver requirements; need-based assistance

students.

(b) Waiver determinations; expenditures.

1068b. Application review process.

(a) Review panel.

(b) Recommendations of panel.

(d) Exclusion.

1068c. Cooperative arrangements.

(a) General authority.

(b) Priority.

1068d. Assistance to institutions under other programs.

(a) Assistance eligibility.

(b) Waiver applicability.

1068e. Limitations.

1068f. Penalties.

1068g. Continuation awards.

1068h. Authorization of appropriations.

(a) Authorizations.

(b) Use of multiple year awards.

SUBCHAPTER IV - STUDENT ASSISTANCE

PART A - GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER

EDUCATION

1070. Statement of purpose; program authorization.

(a) Purpose.

(b) Secretary required to carry out purposes.

SUBPART 1 - FEDERAL PELL GRANTS

1070a. Federal Pell Grants: amount and determinations;

applications.

(a) Program authority and method of distribution.

(b) Purpose and amount of grants.

(d) Applications for grants.

(e) Distribution of grants to students.

(f) Calculation of eligibility.

(g) Insufficient appropriations.

(h) Use of excess funds.

(i) Treatment of institutions and students under

other laws.

(j) Institutional ineligibility based on default

rates.

1070a-1 to 1070a-6. Repealed.

SUBPART 2 - FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS

DIVISION 1 - FEDERAL TRIO PROGRAMS

1070a-11. Program authority; authorization of appropriations.

(a) Grants and contracts authorized.

(b) Recipients, duration, and size.

(d) Outreach.

(e) Documentation of status as a low-income

individual.

(f) Authorization of appropriations.

(g) Definitions.

1070a-12. Talent search.

(a) Program authority.

(b) Permissible services.

1070a-13. Upward bound.

(a) Program authority.

(b) Permissible services.

(d) Requirements for approval of applications.

(e) Maximum stipends.

1070a-14. Student support services.

(a) Program authority.

(b) Permissible services.

(d) Requirements for approval of applications.

1070a-15. Postbaccalaureate achievement program authority.

(a) Program authority.

(b) Services.

(d) Award considerations.

(e) Maximum stipends.

(f) Funding.

1070a-16. Educational opportunity centers.

(a) Program authority; services provided.

(b) Permissible services.

1070a-17. Staff development activities.

(a) Secretary's authority.

(b) Contents of training programs.

1070a-18. Evaluations and grants for project improvement and

dissemination partnership projects.

(a) Evaluations.

(b) Grants.

DIVISION 2 - GAINING EARLY AWARENESS AND READINESS FOR

UNDERGRADUATE PROGRAMS

1070a-21. Early intervention and college awareness program

authorized.

(a) Program authorized.

(b) Awards.

1070a-22. Requirements.

(a) Funding rules.

(b) Limitation.

(d) Designation of fiscal agent.

(e) Coordinators.

(f) Displacement.

(g) Cohort approach.

1070a-23. Eligible entity plans.

(a) Plan required for eligibility.

(b) Matching requirement.

(d) Peer review panels.

1070a-24. Early intervention.

(a) Services.

(b) Uses of funds.

(d) Allowable providers.

1070a-25. Scholarship component.

(a) In general.

(b) Grant amounts.

(d) Eligible students.

(e) Priority.

(f) Special rule.

1070a-26. 21st Century Scholar Certificates.

(a) Authority.

(b) Information required.

1070a-27. Evaluation and report.

(a) Evaluation.

(b) Evaluation standards.

(d) Report.

1070a-28. Authorization of appropriations.

DIVISION 3 - ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS

1070a-31. Scholarships authorized.

1070a-32. Scholarship program requirements.

(a) Amount of award.

(b) Assistance not to exceed cost of attendance.

1070a-33. Eligibility of scholars.

(a) Procedures established by regulation.

(b) Coordination.

1070a-34. Student requirements.

(a) In general.

(b) Continuing eligibility.

1070a-35. Authorization of appropriations.

DIVISION 4 - MODEL PROGRAM COMMUNITY PARTNERSHIP AND COUNSELING

GRANTS

1070a-41 to 1070a-43. Repealed.

DIVISION 5 - PUBLIC INFORMATION

1070a-51 to 1070a-53. Repealed.

DIVISION 6 - NATIONAL STUDENT SAVINGS DEMONSTRATION PROGRAM

1070a-61. Repealed.

DIVISION 7 - PREELIGIBILITY FORM

1070a-71. Repealed.

DIVISION 8 - TECHNICAL ASSISTANCE FOR TEACHERS AND COUNSELORS

1070a-81. Repealed.

SUBPART 3 - FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS

1070b. Purpose; appropriations authorized.

(a) Purpose of subpart.

(b) Authorization of appropriations.

1070b-1. Amount and duration of grants.

(a) Amount of grant.

(b) Period for receipt of grants; continuing

eligibility.

1070b-2. Agreements with institutions; selection of recipients.

(a) Institutional eligibility.

(b) Eligibility for selection.

amount of awards.

(d) Use of funds for less-than-full-time students.

(e) Use and transfer of funds for administrative

expenses.

1070b-3. Allocation of funds.

(a) Allocation based on previous allocation.

(b) Allocation of excess based on fair share.

(d) Reallocation of excess allocations.

(e) Filing deadlines.

1070b-4. Carryover and carryback authority.

(a) Carryover authority.

(b) Carryback authority.

SUBPART 4 - LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM

1070c. Purpose; appropriations authorized.

(a) Purpose of subpart.

(b) Authorization of appropriations; availability.

1070c-1. Allotment among States.

(a) Allotment based on number of eligible students in

attendance.

(b) Reallotment.

1070c-2. Applications for leveraging educational assistance

partnership programs.

(a) Submission and contents of applications.

(b) Payment of Federal share of grants made by

qualified program.

reallotments.

1070c-3. Administration of State programs; judicial review.

(a) Disapproval of applications; suspension of

eligibility.

(b) Review of decisions.

1070c-3a. Special leveraging educational assistance partnership

program.

(a) In general.

(b) Applicability rule.

(d) Maintenance of effort requirement.

(e) Federal share.

(f) Special rule.

(g) Use of funds for administrative costs prohibited.

1070c-4. ''Community service'' defined.

1070d to 1070d-1d. Repealed.

SUBPART 5 - SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE

ENGAGED IN MIGRANT AND SEASONAL FARMWORK

1070d-2. Maintenance and expansion of existing programs.

(a) Program authority.

(b) Services provided by high school equivalency

program.

(d) Management plan required.

(e) Five-year grant period; consideration of prior

experience.

(f) Minimum allocations.

(g) Data collection.

(h) Authorization of appropriations.

SUBPART 6 - ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM

1070d-31. Statement of purpose.

1070d-32. Repealed.

1070d-33. Scholarships authorized.

(a) Program authority.

(b) Period of award.

(d) Byrd Scholars.

1070d-34. Allocation among States.

(a) Allocation formula.

(b) Number of scholarships available.

(d) Consolidation by Insular Areas prohibited.

(e) FAS eligibility.

1070d-35. Agreements.

1070d-36. Eligibility of scholars.

(a) High school graduation or equivalent and

admission to institution required.

(b) Selection based on promise of academic

achievement.

1070d-37. Selection of scholars.

(a) Establishment of criteria.

(b) Adoption of procedures.

(d) Timing of selection.

1070d-38. Stipends and scholarship conditions.

(a) Amount of award.

(b) Use of award.

1070d-39. Repealed.

1070d-40. Construction of needs provisions.

1070d-41. Authorization of appropriations.

SUBPART 7 - CHILD CARE ACCESS MEANS PARENTS IN SCHOOL

1070e. Child care access means parents in school.

(a) Purpose.

(b) Program authorized.

(d) Priority.

(e) Reporting requirements; continuing eligibility.

(f) Construction.

(g) Authorization of appropriations.

SUBPART 8 - LEARNING ANYTIME ANYWHERE PARTNERSHIPS

1070f. Findings.

1070f-1. Purpose; program authorized.

(a) Purpose.

(b) Program authorized.

1070f-2. Application.

(a) Requirement.

(b) Contents.

1070f-3. Authorized activities.

1070f-4. Matching requirement.

1070f-5. Peer review.

1070f-6. Authorization of appropriations.

PART B - FEDERAL FAMILY EDUCATION LOAN PROGRAM

1071. Statement of purpose; nondiscrimination; and appropriations

authorized.

(a) Purpose; discrimination prohibited.

(b) Authorization of appropriations.

1072. Advances for reserve funds of State and nonprofit private

loan insurance programs.

(a) Purpose of and authority for advances to reserve

funds.

(b) Limitations on total advances.

(d) Recovery of advances during fiscal years 1988 and

1989.

(e) Correction for errors under reduction of excess

cash reserves.

(f) Refund of cash reserve payments.

(g) Preservation and recovery of guaranty agency

reserves.

(h) Recall of reserves; limitations on use of reserve

funds and assets.

(i) Additional recall of reserves.

1072a. Federal Student Loan Reserve Fund.

(a) Establishment.

(b) Investment of funds.

(d) Uses of funds.

(e) Ownership of Federal Fund.

(f) Transition.

1072b. Agency Operating Fund.

(a) Establishment.

(b) Investment of funds.

(d) Uses of funds.

(e) Ownership and regulation of Operating Fund.

1073. Effects of adequate non-Federal programs.

(a) Federal insurance barred to lenders with access

to State or private insurance.

(b) Exceptions.

1074. Scope and duration of Federal loan insurance program.

(a) Limitations on amounts of loans covered by

Federal insurance.

(b) Apportionment of amounts.

1075. Limitations on individual federally insured loans and on

Federal loan insurance.

(a) Annual and aggregate limits.

(b) Level of insurance coverage based on default

rate.

1076. Sources of funds.

1077. Eligibility of student borrowers and terms of federally

insured student loans.

(a) List of requirements.

(b) Special rules for multiple disbursement.

(d) Borrower information.

1077a. Applicable interest rates.

(a) Rates to be consistent for borrower's entire

debt.

(b) Reduction for new borrowers after decline in

Treasury bill rates.

loans for parents.

(d) Interest rates for new borrowers after July 1,

1988.

(e) Interest rates for new borrowers after October 1,

1992.

(f) Interest rates for new loans after July 1, 1994.

(g) In school and grace period rules.

(h) Interest rates for new loans after July 1, 1998.

(i) Treatment of excess interest payments on new

borrower accounts resulting from decline in

Treasury bill rates.

(j) Interest rates for new loans between July 1, 1998

and October 1, 1998.

(k) Interest rates for new loans on or after October

1, 1998, and before July 1, 2006.

(l) Interest rates for new loans on or after July 1,

2006.

(m) Lesser rates permitted.

(n) Definitions.

1078. Federal payments to reduce student interest costs.

(a) Federal interest subsidies.

(b) Insurance program agreements to qualify loans for

interest subsidies.

(d) Usury laws inapplicable.

(e) Notice of availability of income-sensitive

repayment option.

(f) Payments of certain costs.

(g) Action on insurance program and guaranty

agreements.

(h) Lending by guaranty agencies.

(i) Multiple disbursement of loans.

(j) Lenders-of-last-resort.

(k) Information on defaults.

(l) Default aversion assistance.

(m) Income contingent repayment.

(n) Blanket certificate of loan guaranty.

(o) Armed Forces student loan interest payment

program.

1078-1. Voluntary flexible agreements with guaranty agencies.

(a) Voluntary agreements.

(b) Terms of agreement.

(d) Termination.

1078-2. Federal PLUS loans.

(a) Authority to borrow.

(b) Limitation based on need.

(d) Payment of principal and interest.

(e) Refinancing.

(f) Verification of immigration status and social

security number.

1078-3. Federal consolidation loans.

(a) Agreements with eligible lenders.

(b) Contents of agreements, certificates of

insurance, and loan notes.

(d) Special program authorized.

(e) Termination of authority.

(f) Interest payment rebate fee.

1078-4. Commingling of funds.

1078-5. Repealed.

1078-6. Default reduction program.

(a) Other repayment incentives.

(b) Satisfactory repayment arrangements to renew

eligibility.

1078-7. Requirements for disbursement of student loans.

(a) Multiple disbursement required.

(b) Disbursement and endorsement requirements.

(d) Withholding of second disbursement.

(e) Exclusion of consolidation and foreign study

loans.

(f) Beginning of period of enrollment.

(g) Sales prior to disbursement prohibited.

1078-8. Unsubsidized Stafford loans for middle-income borrowers.

(a) In general.

(b) Eligible borrowers.

(d) Loan limits.

(e) Payment of principal and interest.

(f) Repealed.

(g) Single application form and loan repayment

schedule.

(h) Insurance premium.

1078-9. Special insurance and reinsurance rules.

(a) Designation of lenders, servicers, and guaranty

agencies.

(b) Payment to lenders and servicers.

(d) Supervision of designated guaranty agencies.

(e) Special rule.

(f) Limitation.

(g) Claims.

(h) Evaluation.

(i) Termination.

(j) Definitions.

1078-10. Loan forgiveness for teachers.

(a) Statement of purpose.

(b) Program authorized.

(d) Regulations.

(e) Construction.

(f) List.

(g) Additional eligibility provisions.

(h) ''Year'' defined.

1078-11. Loan forgiveness for child care providers.

(a) Purpose.

(b) Definitions.

(d) Loan repayment.

(e) Repayment to eligible lenders.

(f) Application for repayment.

(g) Evaluation.

(h) Authorization of appropriations.

1079. Certificate of Federal loan insurance - effective date of

insurance.

(a) Loan-by-loan insurance.

(b) Comprehensive insurance coverage certificate.

(d) Assignability of insurance.

(e) Consolidation not to affect insurance.

1080. Default of student under Federal loan insurance program.

(a) Notice to Secretary and payment of loss.

(b) Effect of payment of loss.

(d) Care and diligence required of holders.

(e) Default rate of lenders, holders, and guaranty

agencies.

1080a. Reports to credit bureaus and institutions of higher

education.

(a) Agreements to exchange information.

(b) Additional information.

(d) Contractor status of participants.

(e) Disclosure to institutions.

(f) Duration of authority.

1081. Insurance fund.

(a) Establishment.

(b) Borrowing authority.

1082. Legal powers and responsibilities.

(a) General powers.

(b) Financial operations responsibilities.

(d) Delegation.

(e) Use of information on borrowers.

(f) Audit of financial transactions.

(g) Civil penalties.

(h) Authority of the Secretary to impose and enforce

limitations, suspensions, and terminations.

(i) Authority to sell defaulted loans.

(j) Authority of Secretary to take emergency actions

against lenders.

(k) Program of assistance for borrowers.

(l) Uniform administrative and claims procedures.

(m) Common forms and formats.

(n) Default reduction management.

(o) Consequences of guaranty agency insolvency.

(p) Reporting requirement.

1083. Student loan information by eligible lenders.

(a) Required disclosure before disbursement.

(b) Required disclosure before repayment.

nondisclosure.

(d) Separate statement.

(e) Special disclosure rules on SLS loans and PLUS

loans and unsubsidized loans.

1084. Participation by Federal credit unions in Federal, State, and

private student loan insurance programs.

1085. Definitions for student loan insurance program.

(a) Eligible institution.

(b), (c) Repealed.

(d) Eligible lender.

(e) Line of credit.

(f) Due diligence.

(g), (h) Repealed.

(i) Holder.

(j) Guaranty agency.

(k) Insurance beneficiary.

(l) Default.

(m) Cohort default rate.

(n) Repealed.

(o) Economic hardship.

1086. Delegation of functions.

(a) In general.

(b) Special rule.

1087. Repayment by Secretary of loans of bankrupt, deceased, or

disabled borrowers; treatment of borrowers attending closed

schools or falsely certified as eligible to borrow.

(a) Repayment in full for death and disability.

(b) Payment of claims on loans in bankruptcy.

(d) Repayment of loans to parents.

1087-0. Repealed.

1087-1. Special allowances.

(a) Findings.

(b) Computation and payment.

(d) Loan fees from lenders.

(e) Nondiscrimination.

(f) Regulations to prevent denial of loans to

eligible students.

1087-2. Student Loan Marketing Association.

(a) Purpose.

(b) Establishment.

(d) Authority of Association.

(e) Advances to lenders that do not discriminate.

(f) Stock of the Association.

(g) Preferred stock.

(h) Debt obligations.

(i) General corporate powers.

(j) Accounting, auditing, and reporting.

(k) Report on audits by Treasury.

(l) Lawful investment instruments; effect of and

exemptions from other laws.

(m) Preparation of obligations.

(n) Report on operations and activities.

(o) Loan consolidations.

(p) Advances for direct loans by guaranty agencies.

(q) Lender-of-last-resort.

(r) Safety and soundness of Association.

(s) Charter sunset.

1087-3. Reorganization of Student Loan Marketing Association

through formation of Holding Company.

(a) Actions by Association's Board of Directors.

(b) Shareholder approval.

(d) Termination of Association.

(e) Operation of Holding Company.

(f) Strict construction.

(g) Right to enforce.

(h) Deadline for reorganization effective date.

(i) Definitions.

1087-4. Discrimination in secondary markets prohibited.

PART C - WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM

1087a. Program authority.

(a) In general.

(b) Designation.

1087b. Funds for origination of direct student loans.

(a) In general.

(b) No entitlement to participate or originate.

1087c. Selection of institutions for participation and origination.

(a) General authority.

(b) Selection criteria.

(d) Eligible institutions.

(e) Consortia.

1087d. Agreements with institutions.

(a) Participation agreements.

(b) Origination.

1087e. Terms and conditions of loans.

(a) In general.

(b) Interest rate.

(d) Repayment plans.

(e) Income contingent repayment.

(f) Deferment.

(g) Federal Direct Consolidation Loans.

(h) Borrower defenses.

(i) Loan application and promissory note.

(j) Loan disbursement.

(k) Fiscal control and fund accountability.

(l) Armed Forces student loan interest payment

program.

1087f. Contracts.

(a) Contracts for supplies and services.

(b) Contracts for origination, servicing, and data

systems.

1087g. Regulatory activities.

(a) Notice in lieu of regulations for first year of

program.

(b) Closing date for applications from institutions.

institutions.

1087h. Funds for administrative expenses.

(a) Administrative expenses.

(b) Calculation basis.

(d) Budget justification.

1087i. Authority to sell loans.

1087j. Loan cancellation for teachers.

(a) Statement of purpose.

(b) Program authorized.

(d) Regulations.

(e) Construction.

(f) List.

(g) Additional eligibility provisions.

(h) ''Year'' defined.

PART D - FEDERAL PERKINS LOANS

1087aa. Appropriations authorized.

(a) Program authority.

(b) Authorization of appropriations.

1087bb. Allocation of funds.

(a) Allocation based on previous allocation.

(b) Allocation of excess based on share of excess

eligible amounts.

(d) Anticipated collections.

(e) Default penalties.

(f) Applicable maximum cohort default rate.

(g) ''Cohort default rate'' defined.

(h) Filing deadlines.

(i) Reallocation of excess allocations.

1087cc. Agreements with institutions of higher education.

(a) Contents of agreements.

(b) Administrative expenses.

organizations.

(d) Limitation on use of interest bearing accounts.

(e) Special due diligence rule.

1087cc-1. Student loan information by eligible institutions.

(a) Disclosure required prior to disbursement.

(b) Disclosure required prior to repayment.

1087dd. Terms of loans.

(a) Terms and conditions.

(b) Demonstration of need and eligibility required.

(d) Availability of loan fund to all eligible

students.

(e) Forbearance.

(f) Special repayment rule authority.

(g) Discharge.

(h) Rehabilitation of loans.

(i) Incentive repayment program.

(j) Armed Forces student loan interest payment

program.

1087ee. Cancellation of loans for certain public service.

(a) Cancellation of percentage of debt based on years

of qualifying service.

(b) Reimbursement for cancellation.

1087ff. Distribution of assets from student loan funds.

(a) In general.

(b) Distribution of late collections.

1087gg. Collection of defaulted loans: Perkins Loan Revolving Fund.

(a) Authority of Secretary to collect referred,

transferred, or assigned loans.

(b) Collection of referred, transferred, or assigned

loans.

1087hh. General authority of Secretary.

1087ii. Definitions.

(a) Low-income communities.

(b) High-risk children.

disabilities.

PART E - NEED ANALYSIS

1087kk. Amount of need.

1087ll. Cost of attendance.

1087mm. Family contribution.

1087nn. Determination of expected family contribution; data

elements.

(a) General rule for determination of expected family

contribution.

(b) Data elements.

1087oo. Family contribution for dependent students.

(a) Computation of expected family contribution.

(b) Parents' contribution from adjusted available

income.

(d) Parents' contribution from assets.

(e) Assessment schedule.

(f) Computations in case of separation, divorce,

remarriage, or death.

(g) Student contribution from available income.

(h) Student contribution from assets.

(i) Adjustments to parents' contribution for

enrollment periods other than 9 months for

purposes other than subpart 2 of part A of this

subchapter.

(j) Adjustments to student's contribution for

enrollment periods of less than nine months.

1087pp. Family contribution for independent students without

dependents other than a spouse.

(a) Computation of expected family contribution.

(b) Family's contribution from available income.

(d) Computations in case of separation, divorce, or

death.

1087qq. Family contribution for independent students with

dependents other than a spouse.

(a) Computation of expected family contribution.

(b) Family's available income.

(d) Assessment schedule.

(e) Computations in case of separation, divorce, or

death.

1087rr. Regulations; updated tables.

(a) Authority to prescribe regulations restricted.

(b) Income protection allowance.

(d) Education savings and asset protection allowance.

(e) Assessment schedules and rates.

(f) ''Consumer Price Index'' defined.

(g) State and other tax allowance.

(h) Employment expense allowance.

1087ss. Simplified needs test.

(a) Simplified application section.

(b) Simplified needs test.

1087tt. Discretion of student financial aid administrators.

(a) In general.

(b) Adjustments to assets taken into account.

1087uu. Disregard of student aid in other Federal programs.

1087uu-1. Native American students.

1087vv. Definitions.

(a) Total income.

(b) Untaxed income and benefits.

(d) Independent student.

(e) Excludable income.

(f) Assets.

(g) Net assets.

(h) Treatment of income taxes paid to other

jurisdictions.

(i) Current balance.

(j) Other financial assistance; tuition prepayment

plans.

(k) Dependents.

(l) Family size.

(m) Business assets.

PART F - GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS

1088. Definitions.

(a) Academic and award year.

(b) Eligible program.

1088a. Clock and credit hour treatment of diploma nursing schools.

1089. Master calendar.

(a) Secretary required to comply with schedule.

(b) Timing for reallocations.

(d) Notice to Congress.

1090. Forms and regulations.

(a) Common financial aid form development and

processing.

(b) Streamlined reapplication process.

(d) Toll-free information.

(e) Preparer.

1091. Student eligibility.

(a) In general.

(b) Eligibility for student loans.

(d) Students who are not high school graduates.

(e) Certification for GSL eligibility.

(f) Loss of eligibility for violation of loan limits.

(g) Verification of immigration status.

(h) Limitations of enforcement actions against

institutions.

(i) Validity of loan guarantees for loan payments

made before immigration status verification

completed.

(j) Assistance under subparts 1 and 3 of part A, and

part C.

(k) Special rule for correspondence courses.

(l) Courses offered through telecommunications.

(m) Students with a first baccalaureate or

professional degree.

(n) Data base matching.

(o) Study abroad.

(p) Verification of social security number.

(q) Verification of income data.

(r) Suspension of eligibility for drug-related

offenses.

1091a. Statute of limitations, and State court judgments.

(a) In general.

(b) Assessment of costs and other charges.

1091b. Institutional refunds.

(a) Return of title IV funds.

(b) Return of title IV program funds.

(d) Percentage of the payment period or period of

enrollment completed.

(e) Effective date.

1092. Institutional and financial assistance information for

students.

(a) Information dissemination activities.

(b) Exit counseling for borrowers.

(d) Departmental publication of descriptions of

assistance programs.

(e) Disclosures required with respect to athletically

related student aid.

(f) Disclosure of campus security policy and campus

crime statistics.

(g) Data required.

1092a. Combined payment plan.

(a) Eligibility for plan.

(b) Applicability of other requirements.

(d) Borrower selection of competing offers.

(e) Effect of plan.

(f) Notes and insurance certificates.

(g) Termination of borrower eligibility.

(h) Fees and premiums.

(i) Commencement of repayment.

1092b. National Student Loan Data System.

(a) Development of System.

(b) Additional information.

(d) Omitted.

(e) Standardization of data reporting.

(f) Common identifiers.

(g) Integration of databases.

1092c. Simplification of lending process for borrowers.

(a) All like loans treated as one.

(b) One lender, one guaranty agency.

1092d. Scholarship fraud assessment and awareness activities.

(a) Annual report on scholarship fraud.

(b) National awareness activities.

1093. Distance education demonstration programs.

(a) Purpose.

(b) Demonstration programs authorized.

(d) Selection.

(e) Notification.

(f) Evaluations and reports.

(g) Oversight.

(h) ''Distance education'' defined.

1094. Program participation agreements.

(a) Required for programs of assistance; contents.

(b) Hearings.

standards.

(d) ''Eligible institution'' defined.

(e) Construction.

1094a. Regulatory relief and improvement.

(a) Quality Assurance Program.

(b) Regulatory improvement and streamlining

experiments.

1094b. Assignment of identification numbers.

1095. Transfer of allotments.

1095a. Wage garnishment requirement.

(a) Garnishment requirements.

(b) Hearing requirements.

(d) No attachment of student assistance.

(e) ''Disposable pay'' defined.

1096. Administrative expenses.

(a) Amount of payments.

(b) Purpose of payments.

1096a. Repealed.

1097. Criminal penalties.

(a) In general.

(b) Assignment of loans.

(d) Obstruction of justice.

1097a. Administrative subpoenas.

(a) Authority.

(b) Enforcement.

1098. Advisory Committee on Student Financial Assistance.

(a) Establishment and purpose.

(b) Independence of Advisory Committee.

(d) Functions of the Committee.

(e) Operations of the Committee.

(f) Submission to Department for comment.

(g) Compensation and expenses.

(h) Personnel and resources.

(i) Availability of funds.

(j) Special analyses and activities.

(k) Term of Committee.

1098a. Regional meetings and negotiated rulemaking.

(a) Meetings.

(b) Draft regulations.

(d) Authorization of appropriations.

1098b. Authorization of appropriations for administrative expenses.

1098c. Year 2000 requirements at the Department.

(a) Preparations for Year 2000.

(b) Postponement authority for Year 2000.

1098d. Procedures for cancellations and deferments for eligible

disabled veterans.

1099. Exemption from State disclosure requirements.

PART G - PROGRAM INTEGRITY

SUBPART 1 - STATE ROLE

1099a. State responsibilities.

(a) State responsibilities.

(b) Institutional responsibility.

SUBPART 2 - ACCREDITING AGENCY RECOGNITION

1099b. Recognition of accrediting agency or association.

(a) Criteria required.

(b) ''Separate and independent'' defined.

(d) Length of recognition.

(e) Initial arbitration rule.

(f) Jurisdiction.

(g) Limitation on scope of criteria.

(h) Change of accrediting agency.

(i) Dual accreditation rule.

(j) Impact of loss of accreditation.

(k) Religious institution rule.

(l) Limitation, suspension, or termination of

recognition.

(m) Limitation on Secretary's authority.

(n) Independent evaluation.

(o) Regulations.

SUBPART 3 - ELIGIBILITY AND CERTIFICATION PROCEDURES

1099c. Eligibility and certification procedures.

(a) General requirement.

(b) Single application form.

(d) Administrative capacity standard.

(e) Financial guarantees from owners.

(f) Actions on applications and site visits.

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

(h) Provisional certification of institutional

eligibility.

(i) Treatment of changes of ownership.

(j) Treatment of branches.

1099c-1. Program review and data.

(a) General authority.

(b) Special administrative rules.

(d) Training.

(e) Special rule.

1099c-2. Review of regulations.

(a) Review required.

(b) Regulatory and statutory relief for small volume

institutions.

(d) Reports to Congress.

SUBCHAPTER V - DEVELOPING INSTITUTIONS

PART A - HISPANIC-SERVING INSTITUTIONS

1101. Findings; purpose; and program authority.

(a) Findings.

(b) Purpose.

1101a. Definitions; eligibility.

(a) Definitions.

(b) Enrollment of needy students.

1101b. Authorized activities.

(a) Types of activities authorized.

(b) Authorized activities.

1101c. Duration of grant.

(a) Award period.

(b) Planning grants.

1101d. Special rule.

PART B - GENERAL PROVISIONS

1103. Eligibility; applications.

(a) Institutional eligibility.

(b) Applications.

(d) Priority.

(e) Eligibility data.

1103a. Waiver authority and reporting requirement.

(a) Waiver requirements; need-based assistance

students.

(b) Waiver determinations; expenditures.

1103b. Application review process.

(a) Review panel.

(b) Instruction.

(d) Notification.

1103c. Cooperative arrangements.

(a) General authority.

(b) Priority.

1103d. Assistance to institutions under other programs.

(a) Assistance eligibility.

(b) Waiver applicability.

1103e. Limitations.

1103f. Penalties.

1103g. Authorizations of appropriations.

(a) Authorizations.

(b) Use of multiple year awards.

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAMS

PART A - INTERNATIONAL AND FOREIGN LANGUAGE STUDIES

1121. Findings and purposes.

(a) Findings.

(b) Purposes.

1122. Graduate and undergraduate language and area centers and

programs.

(a) National language and area centers and programs

authorized.

(b) Graduate fellowships for foreign language and

area or international studies.

(d) Allowances.

1123. Language resource centers.

(a) Language resource centers authorized.

(b) Authorized activities.

1124. Undergraduate international studies and foreign language

programs.

(a) Incentives for creation of new programs and

strengthening of existing programs in

undergraduate international studies and foreign

language programs.

(b) Programs of national significance.

1125. Research; studies; annual report.

(a) Authorized activities.

(b) Annual report.

1126. Technological innovation and cooperation for foreign

information access.

(a) Authority.

(b) Authorized activities.

(d) Match required.

1127. Selection of certain grant recipients.

(a) Competitive grants.

(b) Selection criteria.

1128. Equitable distribution of certain funds.

(a) Selection criteria.

(b) Equitable distribution.

1128a. American overseas research centers.

(a) Centers authorized.

(b) Use of grants.

(d) Development grants.

1128b. Authorization of appropriations.

PART B - BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS

1130. Findings and purposes.

(a) Findings.

(b) Purposes.

1130-1. Centers for international business education.

(a) Program authorized.

(b) Authorized expenditures.

(d) Advisory council.

(e) Grant duration; Federal share.

(f) Grant conditions.

1130a. Education and training programs.

(a) Program authorized.

(b) Authorized activities.

(d) Federal share.

1130b. Authorization of appropriations.

(a) Centers for international business education.

(b) Education and training programs.

PART C - INSTITUTE FOR INTERNATIONAL PUBLIC POLICY

1131. Minority foreign service professional development program.

(a) Establishment.

(b) ''Eligible recipient'' defined.

(d) Duration.

(e) Match required.

1131-1. Institutional development.

(a) In general.

(b) Application.

1131a. Study abroad program.

(a) Program authority.

(b) ''Eligible student'' defined.

1131b. Masters degree in international relations.

1131c. Internships.

(a) In general.

(b) Postbaccalaureate internships.

International Affairs.

1131d. Report.

1131e. Gifts and donations.

1131f. Authorization of appropriations.

PART D - GENERAL PROVISIONS

1132. Definitions.

(a) Definitions.

(b) Special conditions.

1132-1. Repealed.

SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

1133. Purpose.

PART A - GRADUATE EDUCATION PROGRAMS

SUBPART 1 - JACOB K. JAVITS FELLOWSHIP PROGRAM

1134. Award of Jacob K. Javits fellowships.

(a) Authority and timing of awards.

(b) Designation of fellows.

(d) Process and timing of competition.

(e) Authority to contract.

1134a. Allocation of fellowships.

(a) Fellowship Board.

(b) Use of selection panels.

1134b. Stipends.

(a) Award by Secretary.

(b) Institutional payments.

1134c. Fellowship conditions.

(a) Requirements for receipt.

(b) Reports from recipients.

1134d. Authorization of appropriations.

SUBPART 2 - GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED

1135. Grants to academic departments and programs of institutions.

(a) Grant authority.

(b) Award and duration of grants.

1135a. Institutional eligibility.

(a) Eligibility criteria.

(b) Designation of areas of national need.

1135b. Criteria for applications.

(a) Selection of applications.

(b) Contents of applications.

1135c. Awards to graduate students.

(a) Commitments to graduate students.

(b) Amount of stipends.

(d) Academic progress required.

1135d. Additional assistance for cost of education.

(a) Institutional payments.

(b) Use for overhead prohibited.

1135e. Authorization of appropriations.

SUBPART 3 - THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM

1136. Legal educational opportunity program.

(a) Program authority.

(b) Eligibility.

(d) Services provided.

(e) Duration of provision of services.

(f) Subcontracts and subgrants.

(g) Stipends.

(h) Authorization of appropriations.

SUBPART 4 - GENERAL PROVISIONS

1137. Administrative provisions for subparts 1, 2, and 3.

(a) Coordinated administration.

(b) Hiring authority.

(d) Evaluation.

(e) Continuation awards.

PART B - FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION

1138. Fund for the Improvement of Postsecondary Education.

(a) Authority.

(b) Planning grants.

1138a. National Board of the Fund for the Improvement of

Postsecondary Education.

(a) Establishment.

(b) Membership.

(d) Information and assistance.

1138b. Administrative provisions.

(a) Technical employees.

(b) Procedures.

1138c. Special projects.

(a) Grant authority.

(b) Application.

1138d. Authorization of appropriations.

PART C - URBAN COMMUNITY SERVICE

1139. Findings.

1139a. Purpose; program authorized.

(a) Purpose.

(b) Program authorized.

1139b. Application for urban community service grants.

(a) Application.

(b) Priority in selection of applications.

1139c. Allowable activities.

1139d. Peer review.

1139e. Disbursement of funds.

(a) Multiyear availability.

(b) Equitable geographic distribution.

1139f. Designation of Urban Grant Institutions.

1139g. Definitions.

1139h. Authorization of appropriations.

PART D - DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH

DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION

1140. Purposes.

1140a. Grants authorized.

(a) Competitive grants authorized.

(b) Duration; activities.

1140b. Applications.

1140c. Rule of construction.

1140d. Authorization of appropriations.

SUBCHAPTER VIII - MISCELLANEOUS

1151. Grants to States for workplace and community transition

training for incarcerated youth offenders.

(a) Findings.

(b) ''Youth offender'' defined.

(d) Application.

(e) Program requirements.

(f) Student eligibility.

(g) Length of participation.

(h) Education delivery systems.

(i) Allocation of funds.

(j) Authorization of appropriations.

1152. Grants to combat violent crimes against women on campuses.

(a) Grants authorized.

(b) Use of grant funds.

(d) General terms and conditions.

(f) Definitions.

(g) Authorization of appropriations.

1153. Underground Railroad educational and cultural program.

(a) Program established.

(b) Grant agreement.

1154. Contract authority.

1155. Connie Lee privatization.

(a) Status of Corporation and corporate powers;

obligations not federally guaranteed.

(b) Related privatization requirements.

(d) Omitted.

(e) Establishment of account.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1232g, 1234i, 2327, 3441,

6143, 9515 of this title; title 11 sections 362, 541; title 25

sections 13, 13d-2, 309b, 640c-2, 1809; title 26 sections 144, 150;

title 42 sections 292a, 12651d, 14117.

-CITE-

20 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-COD-

CODIFICATION

Title I of the Higher Education Act of 1965, comprising this

subchapter, was originally enacted by Pub. L. 89-329, title I, Nov.

8, 1965, 79 Stat. 1219, and amended by 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. 93-29, May 3,

1973, 87 Stat. 30; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484;

Pub. L. 93-644, Jan. 4, 1975, 88 Stat. 2291; Pub. L. 94-135, Nov.

28, 1975, 89 Stat. 713; 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. 96-96, Oct. 31, 1979, 93 Stat.

729; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97-300,

Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98-524, Oct. 19, 1984, 98

Stat. 2435; Pub. L. 99-386, Aug. 22, 1986, 100 Stat. 821; Pub. L.

99-498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100-418, Aug. 23,

1988, 102 Stat. 1107; Pub. L. 101-305, May 30, 1990, 104 Stat. 253;

Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127; Pub. L. 102-54,

June 13, 1991, 105 Stat. 267; Pub. L. 102-325, July 23, 1992, 106

Stat. 448; Pub. L. 103-208, Dec. 20, 1993, 107 Stat. 2457. Such

title is shown herein, however, as having been added by Pub. L.

105-244, title I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1585,

without reference to such intervening amendments because of the

extensive revision of the title's provisions by Pub. L. 105-244.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1093 of this title;

title 42 sections 3013, 4763.

-CITE-

20 USC Part A - Definitions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Part A - Definitions

-CITE-

20 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Sec. 1001. General definition of institution of higher education

-STATUTE-

(a) Institution of higher education

For purposes of this chapter, other than subchapter IV, the term

''institution of higher education'' means an educational

institution in any State that -

(1) admits as regular students only persons having a

certificate of graduation from a school providing secondary

education, or the recognized equivalent of such a certificate;

(2) is legally authorized within such State to provide a

program of education beyond secondary education;

(3) provides an educational program for which the institution

awards a bachelor's degree or provides not less than a 2-year

program that is acceptable for full credit toward such a degree;

(4) is a public or other nonprofit institution; and

(5) is accredited by a nationally recognized accrediting agency

or association, or if not so accredited, is an institution that

has been granted preaccreditation status by such an agency or

association that has been recognized by the Secretary for the

granting of preaccreditation status, and the Secretary has

determined that there is satisfactory assurance that the

institution will meet the accreditation standards of such an

agency or association within a reasonable time.

(b) Additional institutions included

For purposes of this chapter, other than subchapter IV, the term

''institution of higher education'' also includes -

(1) any school that provides not less than a 1-year program of

training to prepare students for gainful employment in a

recognized occupation and that meets the provision of paragraphs

(1), (2), (4), and (5) of subsection (a) of this section; and

(2) a public or nonprofit private educational institution in

any State that, in lieu of the requirement in subsection (a)(1)

of this section, admits as regular students persons who are

beyond the age of compulsory school attendance in the State in

which the institution is located.

For purposes of this section and section 1002 of this title, the

Secretary shall publish a list of nationally recognized accrediting

agencies or associations that the Secretary determines, pursuant to

subpart 2 of part G of subchapter IV of this chapter, to be

reliable authority as to the quality of the education or training

offered.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 101, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1585.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (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 below and Tables.

Subchapter IV, referred to in subsecs. (a) and (b), was in the

original ''title IV'', meaning title IV of Pub. L. 89-329, as

amended, which is classified generally to subchapter IV of this

chapter and part C of subchapter I of chapter 34 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note below and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1141(a) of this title prior to repeal by Pub. L. 105-244.

A prior section 1001, Pub. L. 89-329, title I, Sec. 101, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 459,

related to purposes of school, college, and university partnership

grant program, prior to the general amendment of this subchapter by

Pub. L. 105-244.

Another prior section 1001, Pub. L. 89-329, title I, Sec. 101, as

added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat.

1278, related to Congressional findings, prior to the general

amendment of this subchapter by Pub. L. 102-325.

Another prior section 1001, Pub. L. 89-329, title I, Sec. 101, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1373, stated Congressional findings with respect to continuing

postsecondary education program and planning, prior to the general

amendment of this subchapter by Pub. L. 99-498.

Another prior section 1001, Pub. L. 89-329, title I, Sec. 101,

Nov. 8, 1965, 79 Stat. 1219; Pub. L. 90-575, title II, Sec. 201,

Oct. 16, 1968, 82 Stat. 1035; Pub. L. 92-318, title I, Sec. 101(a),

June 23, 1972, 86 Stat. 236; Pub. L. 94-482, title I, Sec. 101(a),

Oct. 12, 1976, 90 Stat. 2083; Pub. L. 96-49, Sec. 2, Aug. 13, 1979,

93 Stat. 351, authorized appropriations for the community service,

continuing education, and lifelong learning program grant programs

through fiscal year 1980, prior to the general amendment of this

subchapter by Pub. L. 96-374.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-244, Sec. 3, Oct. 7, 1998, 112 Stat. 1585, provided

that: ''Except as otherwise provided in this Act (see Tables for

classification) or the amendments made by this Act, the amendments

made by this Act shall take effect on October 1, 1998.''

EFFECTIVE DATE OF 1992 AMENDMENT

Pub. L. 102-325, Sec. 2, July 23, 1992, 106 Stat. 458, provided

that: ''Except as otherwise provided in this Act (20 U.S.C. 1001 et

seq.) (see Tables for classification), the amendments made by this

Act shall take effect on October 1, 1992.''

EFFECTIVE DATE OF 1987 AMENDMENT

Pub. L. 100-50, Sec. 27, June 3, 1987, 101 Stat. 363, provided

that: ''The amendments made by this Act (see Short Title of 1987

Amendment note below) shall take effect as if enacted as part of

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

Title of 1986 Amendments note below).''

EFFECTIVE DATE OF 1986 AMENDMENT

Pub. L. 99-498, Sec. 2, Oct. 17, 1986, 100 Stat. 1277, provided

that: ''Except as otherwise provided in this Act, the amendments

made by this Act (see Tables for classification) shall take effect

on the date of enactment of this Act (Oct. 17, 1986).''

EFFECTIVE DATE OF 1980 AMENDMENT

Pub. L. 96-374, title XIII, Sec. 1393, Oct. 3, 1980, 94 Stat.

1504, provided that:

''(a) Except as provided in subsection (b), this Act and the

amendments made by this Act (see Tables for classification) shall

take effect on October 1, 1980.

''(b)(1) The amendment made by section 301 of this Act to title

III of the Act (enacting subchapter III of this chapter) shall take

effect October 1, 1981.

''(2) The amendment made by section 404(c)(4) of this Act to

section 415C(b)(4) of the Act (amending section 1070c-2 of this

title) shall be effective October 1, 1979.

''(3) The amendment made by section 405 to subpart 4 of part A of

title IV of the Act (amending subpart 4 of part A of subchapter IV

of this chapter generally) shall take effect October 1, 1981.

''(4) The amendments made by part B of title IV of this Act

(enacting sections 1077a, 1078-2, 1083a, and 1087-1a of this title

and amending sections 1074, 1075, 1077, 1078, 1078-1, 1080, 1082,

1085, 1087-1, and 1087-2 of this title) shall take effect, except

as otherwise provided therein, on January 1, 1981, and to the

extent such amendments make changes in such part B which affect

student loans, such changes shall apply to outstanding loans as

well as to loans made after the amendments take effect, except that

the amendments made by section 415(b) (amending sections

1077(a)(2)(B) and 1078(b)(1)(E) of this title) shall apply with

respect to any loan to cover the cost of instruction for any period

of instruction beginning on or after January 1, 1981, to any

student borrower who has no outstanding balance of principal or

interest on any loan made, insured, or guaranteed under part B of

title IV of the Higher Education Act of 1965 (part B of subchapter

IV of this chapter) on the date on which the borrower enters into

the note or other written evidence of the loan.

''(5) The amendments made by part D of title IV of this Act

(enacting sections 1087cc-1, 1087hh, and 1087ii of this title and

amending sections 1087aa to 1087gg of this title) shall apply to

loans made under part E of the Act (part D of subchapter IV of this

chapter) on or after October 1, 1980.

''(6) The amendment made by section 701 of this Act adding

section 731 of the Act (former section 1132d of this title) shall

apply to loans made under section 731 on or after October 1,

1980.''

EFFECTIVE DATE OF 1976 AMENDMENT

Pub. L. 94-482, title V, Sec. 532, Oct. 12, 1976, 90 Stat. 2241,

provided that: ''The provisions of this Act (see Tables for

classification) and the amendments made by this Act shall take

effect 30 days after the date of the enactment of this Act (Oct.

12, 1976) except -

''(1) as specifically otherwise provided; and

''(2) that each amendment made by this Act (not subject to

clause (1) of this section) providing for authorization of

appropriations shall take effect July 1, 1976.''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-420, Sec. 1, Nov. 1, 2000, 114 Stat. 1867, provided

that: ''This Act (enacting section 1092d of this title, amending

section 522 of Title 11, Bankruptcy, and enacting provisions set

out as notes under section 1092d of this title and section 994 of

Title 28, Judiciary and Judicial Procedure) may be cited as the

'College Scholarship Fraud Prevention Act of 2000'.''

Pub. L. 106-386, div. B, title VI, Sec. 1601(a), Oct. 28, 2000,

114 Stat. 1537, provided that: ''This section (amending sections

1092 and 1232g of this title and section 14071 of Title 42, The

Public Health and Welfare, and enacting provisions set out as notes

under section 1092 of this title and section 14071 of Title 42) may

be cited as the 'Campus Sex Crimes Prevention Act'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-244, Sec. 1(a), Oct. 7, 1998, 112 Stat. 1581,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Higher Education Amendments of 1998'.''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-78, title VI, Sec. 609(a), Nov. 13, 1997, 111 Stat.

1522, provided in part that: ''This section (amending sections

1078-3, 1087h, 1087oo to 1087qq, and 1087vv of this title and

enacting provisions set out as notes under sections 1078-3 and

1087h of this title) may be cited as the 'Emergency Student Loan

Consolidation Act of 1997'.''

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VI, Sec.

601), Sept. 30, 1996, 110 Stat. 3009-233, 3009-275, provided that:

''This title (enacting sections 1087-3, 1087-4, and 1132f-10 of

this title, amending sections 1078-3, 1085, and 1087-2 of this

title, repealing sections 1087-2, 1087-3, and 1132f to 1132f-9 of

this title, and enacting provisions set out as notes under sections

1078-3 and 1087-2 of this title) may be cited as the 'Student Loan

Marketing Association Reorganization Act of 1996'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-382, title III, Sec. 360B(a), Oct. 20, 1994, 108

Stat. 3969, provided that: ''This section (amending section 1092 of

this title and enacting provisions set out as a note under section

1092 of this title) may be cited as the 'Equity in Athletics

Disclosure Act'.''

SHORT TITLE OF 1993 AMENDMENTS

Pub. L. 103-208, Sec. 1(a), Dec. 20, 1993, 107 Stat. 2457,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Higher Education Technical Amendments of 1993'.''

Pub. L. 103-66, title IV, Sec. 4011(a), Aug. 10, 1993, 107 Stat.

341, provided that: ''This subtitle (subtitle A (Sec. 4011-4047) of

title IV of Pub. L. 103-66, amending sections 1072, 1078, 1078-3,

1078-8, 1085, 1087-2, and 1087a to 1087h of this title, repealing

section 1078-1 of this title, omitting sections 1087i and 1087j of

this title, and enacting provisions set out as notes under sections

1078, 1078-3, and 1078-8 of this title) may be cited as the

'Student Loan Reform Act of 1993'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-325, Sec. 1(a), July 23, 1992, 106 Stat. 448,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Higher Education Amendments of 1992'.''

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-26, Sec. 1(a), Apr. 9, 1991, 105 Stat. 123, provided

that: ''This Act (enacting section 1211b of this title, amending

sections 1078, 1078-1, 1085, 1087ss, 1088, 1091, 1091a, 1092, 1094,

and 1141 of this title, enacting provisions set out as notes under

sections 1070, 1078-1, 1088, and 1091a of this title, amending

provisions set out as a note under section 1092 of this title, and

repealing provisions set out as a note under section 1088 of this

title) may be cited as the 'Higher Education Technical Amendments

of 1991'.''

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-542, Sec. 1, Nov. 8, 1990, 104 Stat. 2381, provided

that: ''This Act (amending sections 1085, 1092, 1094, and 1232g of

this title and enacting provisions set out as notes under this

section and section 1092 of this title) may be cited as the

'Student Right-To-Know and Campus Security Act'.''

Pub. L. 101-542, title I, Sec. 101, Nov. 8, 1990, 104 Stat. 2381,

provided that: ''This title (amending section 1092 of this title

and enacting provisions set out as notes under section 1092 of this

title) may be cited as the 'Student Right-To-Know Act'.''

Pub. L. 101-542, title II, Sec. 201, Nov. 8, 1990, 104 Stat.

2384, provided that: ''This title (amending sections 1092, 1094,

and 1232g of this title and enacting provisions set out as notes

under section 1092 of this title) may be cited as the 'Crime

Awareness and Campus Security Act of 1990'.''

Pub. L. 101-508, title III, Sec. 3001, Nov. 5, 1990, 104 Stat.

1388-25, provided that: ''This subtitle (subtitle A (Sec.

3001-3008) of title III of Pub. L. 101-508, amending sections 1078,

1078-1, 1078-7, 1085, 1088, and 1091 of this title and sections

362, 541, and 1328 of Title 11, Bankruptcy, enacting provisions set

out as notes under sections 1078-7, 1085, and 1088 of this title

and sections 362 and 1328 of Title 11, and amending provisions set

out as a note under section 1078-1 of this title) may be cited as

the 'Student Loan Default Prevention Initiative Act of 1990'.''

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-239, title II, Sec. 2001, Dec. 19, 1989, 103 Stat.

2111, provided that: ''This subtitle (subtitle A (Sec. 2001-2009)

of title II of Pub. L. 101-239, enacting section 1078-7 of this

title, amending sections 1077, 1078, 1078-1, 1078-6, 1082, 1085,

1087dd, 1087tt, 1088, 1092b, and 1094 of this title, and enacting

provisions set out as notes under sections 1077, 1078, 1078-1, and

1078-6 of this title) may be cited as the 'Student Loan

Reconciliation Amendments of 1989'.''

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-50, Sec. 1(a), June 3, 1987, 101 Stat. 335, provided

that: ''This Act (enacting sections 1059a, 1087tt, 1087uu,

1087uu-1, and 1145d-1 of this title, amending sections 1057, 1058,

1062, 1063a to 1063c, 1065, 1066, 1067, 1069a, 1070a to 1070a-4,

1070a-6, 1070b-3, 1070c-4, 1070d-1b, 1070d-2, 1070e-1, 1070f, 1075,

1077, 1077a, 1078 to 1078-3, 1078-5, 1078-6, 1080a, 1081 to 1083,

1085, 1087-1, 1087-2, 1087d, 1087bb, 1087cc, 1087cc-1, 1087dd,

1087ee, 1087oo to 1087ss, 1087vv, 1088, 1089 to 1091, 1092 to

1092b, 1095, 1096, 1098, 1109 to 1109d, 1111, 1111b, 1111f, 1111g,

1122, 1132a, 1132a-1, 1132d, 1132d-2, 1132g-3, 1132i-1, 1134h to

1134j, 1141, 1145e, 1221e, and 1221e-1 of this title, section 4604

of Title 22, Foreign Relations and Intercourse, and sections 2752,

2753, and 2756 of Title 42, The Public Health and Welfare, enacting

provisions set out as notes under section 2752 of Title 42, and

amending provisions set out as notes under sections 1011, 1071,

1087dd, 1087kk, 1091, 1121, 1145d, 1221-1, and 1221e-1 of this

title and section 2753 of Title 42) may be cited as the 'Higher

Education Technical Amendments Act of 1987'.''

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99-498, Sec. 1, Oct. 17, 1986, 100 Stat. 1268, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Higher Education Amendments of 1986'.''

Pub. L. 99-320, Sec. 1, May 23, 1986, 100 Stat. 491, provided:

''That this Act (amending sections 1078 and 1080a of this title and

a provision set out as a note under section 1072 of this title) may

be cited as the 'Student Financial Assistance Technical Corrections

Act of 1986'.''

Pub. L. 99-272, title XVI, Sec. 16001(a), Apr. 7, 1986, 100 Stat.

339, provided that: ''This title (enacting sections 1078-3, 1080a,

and 1091a of this title, amending sections 1072, 1074, 1075, 1077,

1078, 1080, 1082, 1083a, 1085, 1087-1, 1087-2, 1087cc, 1087cc-1,

1087dd, 1087gg, 1089, 1091, and 1094 of this title, enacting

provisions set out as notes under sections 1072, 1078, and 1078-3

of this title, and amending provisions set out as a note under

section 1078 of this title) may be cited as the 'Student Financial

Assistance Amendments of 1985'.''

SHORT TITLE OF 1983 AMENDMENTS

Pub. L. 98-95, Sec. 1, Sept. 26, 1983, 97 Stat. 708, provided:

''That this Act (enacting section 1065a of this title, amending

section 1069c of this title, enacting provisions set out as a note

under section 1132a-1 of this title, and amending provisions set

out as notes under sections 123 and 1069c of this title) may be

cited as the 'Challenge Grant Amendments of 1983'.''

Pub. L. 98-79, Sec. 1, Aug. 15, 1983, 97 Stat. 476, provided:

''That this Act (amending sections 1071, 1077, 1077a, 1078, 1078-2,

1083a, 1087-1, 1087-2, 1087cc-1, and 1098 of this title, repealing

section 1087-1a of this title, enacting provisions set out as notes

under sections 1077, 1077a, 1078, and 1087-1 of this title, and

amending provisions set out as notes under sections 1070a, 1078,

and 1089 of this title) may be cited as the 'Student Loan

Consolidation and Technical Amendments Act of 1983'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-301, Sec. 1, Oct. 13, 1982, 96 Stat. 1400, which

provided: ''That this Act (amending sections 1070a, 1083a, 1087-2,

and 1087cc-1 of this title and enacting provisions set out as notes

under sections 1070a, 1070b-3, 1078, 1087bb, 1089, and 1221e-1 of

this title and section 2752 of Title 42, The Public Health and

Welfare) may be cited as the 'Student Financial Assistance

Technical Amendments Act of 1982'.'', was repealed by Pub. L.

99-498, title IV, Sec. 408(b), Oct. 17, 1986, 100 Stat. 1495, eff.

with respect to any academic year beginning on or after July 1,

1988.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-35, title V, subtitle B, Sec. 531, Aug. 13, 1981, 95

Stat. 450, provided that: ''This subtitle (amending sections 1075,

1077, 1077a, 1078, 1078-1, 1078-2, 1087-1, 1087-2, 1087dd, 1089,

1096, and 1232 of this title, repealing section 1087-3a of this

title, and enacting provisions set out as notes under section 1078

of this title) may be cited as the 'Postsecondary Student

Assistance Amendments of 1981'.''

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-374, Sec. 1, Oct. 3, 1980, 94 Stat. 1367, provided:

''That this Act (enacting sections 239a, 1001 to 1005, 1011 to

1015, 1016 to 1019, 1021, 1022, 1029, 1031 to 1034, 1041, 1042,

1047 to 1047j, 1051, 1057 to 1069c, 1070d-1a to 1070d-2, 1077a,

1078-2, 1083a, 1087-1a, 1087cc-1, 1087hh, 1087ii, 1088 to 1098,

1119b to 1119b-5, 1119c to 1119c-2, 1121 to 1127, 1130 to 1132,

1132a to 1132a-1, 1132b to 1132c, 1132d to 1132d-4, 1132e, 1132e-1,

1134d to 1134p, 1135 to 1135a-3, 1136 to 1136d, 1143, 1144a, 1145,

1146, 1221e-1b, 1221e-4, and 3063 to 3065 of this title, section

640c-2 of Title 25, Indians, and sections 2753 and 2756b of Title

42, The Public Health and Welfare, amending sections 1070 to

1070c-3, 1070d, 1070d-1, 1070e to 1077, 1078, 1078-1, 1079, 1080 to

1083, 1085 to 1087-1, 1087-2, 1087aa to 1087cc, 1087dd to 1087gg,

1101 to 1104, 1119 to 1119a-1, 1133 to 1134c, 1135c-1, 1141, 1142,

1221e, 1226a, 1226c, and 1232 of this title, section 326a of Title

7, Agriculture, section 640c-1 of Title 25, sections 714 and 792 of

Title 29, Labor, and sections 2751, 2752, and 2756 of Title 42,

repealing sections 511 to 513, 1070c-4, 1070d-3, 1087-4, 1134q to

1134s, 1142a, 1142b, 1145, 1145a, 1145c, 1172 to 1174, 1176, 1177,

and 1221d of this title and section 2754 of Title 42, enacting

provisions set out as notes under sections 236, 1001, 1119b, and

1221-1 of this title and section 301 of Title 7, and amending

provisions set out as notes under section 236 of this title and

section 301 of Title 7) may be cited as the 'Education Amendments

of 1980'.''

SHORT TITLE OF 1979 AMENDMENT

Pub. L. 96-49, Sec. 1, Aug. 13, 1979, 93 Stat. 351, provided:

''That this Act (enacting section 1087gg of this title, amending

this section and sections 513, 1021, 1042, 1051, 1070a, 1070b,

1070c, 1070d, 1070d-2, 1070e-1, 1078, 1087-1, 1087aa, 1088, 1101,

1119, 1121, 1132a, 1132b, 1132c, 1132c-4, 1134, 1134e, 1134i,

1134n, 1134r-1, 1135, 1135a, 1136b, 1142b, 1221d, and 1221e of this

title, enacting provisions set out as notes under sections 1070a,

1087-1, 1087gg, and 1088 of this title, and amending provisions set

out as a note under section 1070a of this title) may be cited as

the 'Higher Education Technical Amendments of 1979'.''

SHORT TITLE OF 1978 AMENDMENTS

Pub. L. 95-566, Sec. 1, Nov. 1, 1978, 92 Stat. 2402, provided:

''That this Act (enacting section 1087-3a of this title, amending

sections 1070a, 1070c-2, 1070d-1, 1075, 1077, 1078, 1088 and 1088f

of this title, and enacting provisions set out as a note under this

section) may be cited as the 'Middle Income Student Assistance

Act'.''

Pub. L. 95-336, Sec. 1, Aug. 4, 1978, 92 Stat. 451, provided:

''That this Act (amending section 1070e-1 of this title, sections

1001, 1002, and 1007 of Title 21, Food and Drugs, and former

section 246 of Title 38, Veterans' Benefits, and enacting

provisions set out as a note under section 1070e-1 of this title)

may be cited as the 'Alcohol and Drug Abuse Education Amendments of

1978'.''

SHORT TITLE OF 1976 AMENDMENTS

Pub. L. 94-482, Sec. 1, Oct. 12, 1976, 90 Stat. 2081, provided:

''That this Act (see Tables for classification) may be cited as the

'Education Amendments of 1976'.''

Pub. L. 94-328, Sec. 1, June 30, 1976, 90 Stat. 727, provided:

''That this joint resolution (amending sections 1070a, 1074, 1078

and 1078a of this title and enacting provisions set out as notes

under section 1226a of this title and section 2756 of Title 42, The

Public Health and Welfare) may be cited as the 'Emergency Technical

Provisions Act of 1976'.''

SHORT TITLE OF 1972 AMENDMENT

Pub. L. 92-318, Sec. 1, June 23, 1972, 86 Stat. 235, provided:

''That this Act (enacting chapter 36 (Sec. 1601 et seq.), chapter

37 (Sec. 1651 et seq.), chapter 38 (Sec. 1681 et seq.), and

sections 241aa to 241ff, 887c, 887d, 900 to 900a-5, 1005a, 1021,

1031, 1042, 1070 to 1070e, 1070e-1, 1087-1, 1087-2, 1087aa to

1087ff, 1088d to 1088g, 1119a, 1132a to 1132e-1, 1134 to 1134s,

1135, 1135a, 1135b to 1135c, 1135c-1, 1142a, 1142b, 1144a, 1145a,

1211a, 1221a to 1221h, 1227 of this title, and section 326a of

Title 7, Agriculture, and 2756a of Title 42, The Public Health and

Welfare, amending this section and sections 240, 241c, 241e, 331a,

332, 421, 441, 511, 513, 822, 823, 842, 843, 863, 880b-3a, 1003,

1011, 1021, 1022 to 1024, 1027, 1031, 1033, 1041, 1051 to 1056,

1061, 1068, 1070, 1074, 1075, 1077, 1078, 1078a, 1080, 1083, 1084,

1087, 1087a, 1087c, 1088, 1088c, 1091, 1091a to 1091c, 1101, 1102,

1108 to 1111, 1115, 1116, 1118, 1119, 1119a, 1119b-2, 1121, 1129,

1133, 1133a, 1134j, 1136, 1136a, 1136b, 1141, 1176, 1231, 1231a,

1232a, 1232c, 1242, 1244, 1248, 1302, 1321 to 1323, 1341, 1352,

1371, 1391, and 1412 of this title, and sections 329, 331, 343,

349, 361, and 1626 of Title 7, sections 24, 84, 1464, and 1757 of

Title 12, Banks and Banking, sections 203 and 213 of Title 29,

Labor, and sections 2751, 2752, and 2754 of Title 42, repealing

sections 1, 2, 426, 711 to 721, 731, 732, 746, 1021, 1031, 1032,

1060, 1118, 1119a, 1119b-2, and 1119c-4 of this title, and enacting

provisions set out as notes under this section and sections 241a,

241e, 241aa, 331a, 425, 821, 887d, 1005a, 1009, 1070, 1070e, 1074,

1075, 1087-2, 1087aa, 1091a, 1132a, 1132c-3, 1135c, 1231, and 1232

of this title, sections 301 and 326a of Title 7, and section 3501

of Title 42) may be cited as the 'Education Amendments of 1972'.''

SHORT TITLE OF 1968 AMENDMENT

Pub. L. 90-575, Sec. 1, Oct. 16, 1968, 82 Stat. 1014, provided:

''That this Act (enacting sections 451 to 455, 746, 1056, 1060,

1087, 1087a to 1087c, 1088 to 1088c, 1089, 1119a-1, 1129a, 1133 to

1133b, 1134 to 1134l, 1135, 1135a, 1135b, 1135c, 1136 to 1136b,

1145, 1146 to 1150 of this title, amending this section and

sections 403, 421 to 425, 425 note, 426, 441 to 445, 462 to 464,

481 to 484, 511, 513, 562, 581, 584, 588, 591, 711, 713 to 718,

731, 732, 743, 751, 758, 961, 1005, 1006, 1021 to 1024, 1031, 1033,

1041, 1051, 1061, 1062, 1065 to 1068, 1071 to 1075, 1077, 1078,

1080, 1083 to 1086, 1091c, 1101, 1104, 1108 to 1111, 1113, 1114,

1115, 1118, 1119a, 1119b-2, 1121, 1124, 1125, 1141, 1142, 1143,

1144 and 1176 of this title, section 1464 of Title 12, Banks and

Banking, and sections 2741, 2751 to 2756, and 2809 of Title 42, The

Public Health and Welfare, repealing sections 733, 981 to 996 of

this title, and section 2757 of Title 42, and enacting provisions

set out as notes under this section and sections 423 to 425, 445,

462 to 464, 588, 713, 716 to 718, 743, 751, 981, 1006, 1022, 1024,

1051, 1056, 1060, 1067, 1071, 1077, 1078, 1083, 1088b, and 1109 of

this title, and sections 2751, 2753, 2754, and 2809 of Title 42)

may be cited as the 'Higher Education Amendments of 1968'.''

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-752, Sec. 1, Nov. 3, 1966, 80 Stat. 1240, provided:

''That this Act (enacting section 1086 of this title, amending

sections 403, 421, 425, 441, 443, 711-715, 731, 743, 744, 751,

1022, 1051, 1072, 1121, and 1124 of this title, and enacting

provisions set out as notes under sections 403, 443, 1022, 1071,

and 1124 of this title) may be cited as the 'Higher Education

Amendments of 1966'.''

SHORT TITLE

Pub. L. 89-329, Sec. 1, Nov. 8, 1965, 79 Stat. 1219, provided:

''That this Act (enacting this chapter and section 2757 of Title

42, The Public Health and Welfare, and amending sections 403, 424,

425, 441, 443, 591, 711, 713 to 717, 731, and 751 of this title,

and sections 2751 to 2756, and 2761 of Title 42) may be cited as

the 'Higher Education Act of 1965'.''

Pub. L. 89-329, title V, Sec. 509, as added by Pub. L. 90-35,

Sec. 8, provided that title V of Pub. L. 89-329 could be cited as

the ''Education Professions Development Act'', prior to the general

amendment of title V of Pub. L. 89-329 by Pub. L. 99-498, title V,

Sec. 501(a), Oct. 17, 1986, 100 Stat. 1495.

For short title of section 1092(f) of this title as the Jeanne

Clery Disclosure of Campus Security Policy and Campus Crime

Statistics Act, see section 1092(f)(15) of this title.

STUDY OF OPPORTUNITIES FOR PARTICIPATION IN ATHLETICS PROGRAMS

Pub. L. 105-244, title VIII, Sec. 805, Oct. 7, 1998, 112 Stat.

1807, provided that:

''(a) Study. - The Comptroller General shall conduct a study of

the opportunities for participation in intercollegiate athletics.

The study shall address issues including -

''(1) the extent to which the number of -

''(A) secondary school athletic teams has increased or

decreased in the 20 years preceding 1998 (in aggregate terms);

and

''(B) intercollegiate athletic teams has increased or

decreased in the 20 years preceding 1998 (in aggregate terms)

at 2-year and 4-year institutions of higher education;

''(2) the extent to which participation by student-athletes in

secondary school and intercollegiate athletics has increased or

decreased in the 20 years preceding 1998 (in aggregate terms);

''(3) over the 20-year period preceding 1998, a list of the

men's and women's secondary school and intercollegiate sports,

ranked in order of the sports most affected by increases or

decreases in levels of participation and numbers of teams (in the

aggregate);

''(4) all factors that have influenced campus officials to add

or discontinue sports teams at secondary schools and institutions

of higher education, including -

''(A) institutional mission and priorities;

''(B) budgetary pressures;

''(C) institutional reforms and restructuring;

''(D) escalating liability insurance premiums;

''(E) changing student and community interest in a sport;

''(F) advancement of diversity among students;

''(G) lack of necessary level of competitiveness of the

sports program;

''(H) club level sport achieving a level of competitiveness

to make the sport a viable varsity level sport;

''(I) injuries or deaths; and

''(J) conference realignment;

''(5) the actions that institutions of higher education have

taken when decreasing the level of participation in

intercollegiate sports, or the number of teams, in terms of

providing information, advice, scholarship maintenance,

counseling, advance warning, and an opportunity for

student-athletes to be involved in the decisionmaking process;

''(6) the administrative processes and procedures used by

institutions of higher education when determining whether to

increase or decrease intercollegiate athletic teams or

participation by student-athletes;

''(7) the budgetary or fiscal impact, if any, of a decision by

an institution of higher education -

''(A) to increase or decrease the number of intercollegiate

athletic teams or the participation of student-athletes; or

''(B) to be involved in a conference realignment; and

''(8) the alternatives, if any, institutions of higher

education have pursued in lieu of eliminating, or severely

reducing the funding for, an intercollegiate sport, and the

success of such alternatives.

''(b) Report. - The Comptroller General shall submit a report

regarding the results of the study to the Committee on Labor and

Human Resources of the Senate and the Committee on Education and

the Workforce of the House of Representatives.''

STYLISTIC CONSISTENCY

Pub. L. 103-208, Sec. 2(m), Dec. 20, 1993, 107 Stat. 2486,

provided that: ''The Act (Pub. L. 89-329, see Short Title note

above) is amended so that the section designation and section

heading of each section of the Act shall be in the form and

typeface of the section designation and heading of this section

(107 Stat. 2457).''

TERMS DEFINED FOR PURPOSES OF TITLES XIII, XIV, AND XV OF PUB. L.

102-325

Pub. L. 102-325, Sec. 1(c), July 23, 1992, 106 Stat. 448, as

amended by Pub. L. 105-244, title I, Sec. 102(a)(6)(A), Oct. 7,

1998, 112 Stat. 1618, provided that: ''Unless otherwise provided

therein, terms used in titles XIII, XIV, and XV (enacting sections

1145h and 4426 of this title, sections 3301 to 3371 of Title 25,

Indians, and sections 2401 to 2405 of Title 29, Labor, amending

sections 1221e-1, 1232g, 3412, 4412, 4414, 4416, 4417, 4418, 4421,

4422, 4423, 4424, 4425, 5381, and 5411 of this title, section 5315

of Title 5, Government Organization and Employees, sections 4604

and 4609 of Title 22, Foreign Relations and Intercourse, sections

640c-1, 1810, 1836, and 1852 of Title 25, and sections 295g-8 and

12576 of Title 42, The Public Health and Welfare, enacting

provisions set out as notes under sections 1070, 1070a-11,

1070a-21, 1071, 1080, 1088, 1101, 1132a, 1134, 1221-1, 1221e,

1232g, 1452, and 9003 of this title, amending provisions set out as

a note under section 1091a of this title, and repealing provisions

set out as a note under section 362 of Title 11, Bankruptcy) shall

have the same meaning given to such terms in section 101 of the

Higher Education Act of 1965 (this section).''

GENERAL PROVISIONS OF 1972 AMENDMENT

Pub. L. 92-318, Sec. 2, June 23, 1972, 86 Stat. 236, provided

that:

''(a) As used in this Act (See Short Title of 1972 Amendment note

above) -

''(1) the term 'Secretary' means the Secretary of Health,

Education, and Welfare (now Secretary of Education); and

''(2) the term 'Commissioner' means the Commissioner of

Education (now Secretary of Education);

unless the context requires another meaning.

''(b) Unless otherwise specified, the redesignation of a section,

subsection, or other designation by any amendment in this Act shall

include the redesignation of any reference to such section,

subsection, or other designation in any Act or regulation, however

styled.

''(c)(1) Unless otherwise specified, each provision of this Act

and each amendment made by this Act shall be effective after June

30, 1972, and with respect to appropriations for the fiscal year

ending June 30, 1973, and succeeding fiscal years.

''(2) Unless otherwise specified, in any case where an amendment

made by this Act is to become effective after a date set herein, it

shall be effective with the beginning of the day which immediately

follows the date after which such amendment is effective.

''(3) In any case where the effective date for an amendment made

by this Act is expressly stated to be effective after June 30,

1971, such amendment shall be deemed to have been enacted on July

1, 1971.''

RULEMAKING REQUIREMENTS; PUBLICATION IN FEDERAL REGISTER

Pub. L. 90-575, title V, Sec. 505, Oct. 16, 1968, 82 Stat. 1063,

provided for publication of rules and regulations in Federal

401(e)(2), Apr. 13, 1970, 84 Stat. 173.

PRESIDENTIAL RECOMMENDATIONS BY DECEMBER 31, 1969, WITH RESPECT TO

POST-SECONDARY EDUCATION FOR ALL

Pub. L. 90-575, title V, Sec. 508, Oct. 16, 1968, 82 Stat. 1063,

authorized the President, on or before Dec. 31, 1969, to submit to

the Congress proposals relative to the feasibility of making

available a post-secondary education to all young Americans who

qualify and seek it.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1002, 1059c, 1078-11,

1099c, 1132, 1228c, 2002, 2302, 2324, 2371, 3902, 4514, 4702, 5602,

7011, 7801, 9202, 9501 of this title; title 7 sections 2279, 2279c,

3152, 3361, 7657, 8103, 8104, 8105; title 8 sections 1182, 1184;

title 10 sections 510, 2193, 2199, 2200e, 16401; title 11 section

522; title 14 section 709a; title 15 sections 278h, 6604, 7402;

title 16 section 698u-5; title 18 section 207; title 22 sections

2460, 2462, 4502, 4703; title 25 sections 13, 1801, 1813; title 29

sections 623, 705; title 30 section 1291; title 33 section 1262;

title 37 section 430; title 39 section 3626; title 40 section 502;

title 42 sections 1862i, 1869c, 3002, 3791, 6322, 7274e, 9844,

9877, 11851, 12511, 12626, 12899f, 13791, 14092, 14111; title 47

section 223; title 50 section 1908.

-CITE-

20 USC Sec. 1002 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Sec. 1002. Definition of institution of higher education for

purposes of student assistance programs

-STATUTE-

(a) Definition of institution of higher education for purposes of

student assistance programs

(1) Inclusion of additional institutions

Subject to paragraphs (2) through (4) of this subsection, the

term ''institution of higher education'' for purposes of

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

chapter 34 of title 42 includes, in addition to the institutions

covered by the definition in section 1001 of this title -

(A) a proprietary institution of higher education (as defined

in subsection (b) of this section);

(B) a postsecondary vocational institution (as defined in

subsection (c) of this section); and

chapter, an institution outside the United States that is

comparable to an institution of higher education as defined in

section 1001 of this title and that has been approved by the

Secretary for the purpose of part B of subchapter IV of this

chapter.

(2) Institutions outside the United States

(A) In general

For the purpose of qualifying as an institution under

paragraph (1)(C), the Secretary shall establish criteria by

regulation for the approval of institutions outside the United

States and for the determination that such institutions are

comparable to an institution of higher education as defined in

section 1001 of this title. In the case of a graduate medical

or veterinary school outside the United States, such criteria

shall include a requirement that a student attending such

school outside the United States is ineligible for loans made,

insured, or guaranteed under part B (FOOTNOTE 1) unless -

(FOOTNOTE 1) So in original. Probably should be ''part B of

subchapter IV of this chapter''.

(i)(I) at least 60 percent of those enrolled in, and at

least 60 percent of the graduates of, the graduate medical

school outside the United States were not persons described

in section 1091(a)(5) of this title in the year preceding the

year for which a student is seeking a loan under part B of

subchapter IV of this chapter; and

(II) at least 60 percent of the individuals who were

students or graduates of the graduate medical school outside

the United States (both nationals of the United States and

others) taking the examinations administered by the

Educational Commission for Foreign Medical Graduates received

a passing score in the year preceding the year for which a

student is seeking a loan under part B of subchapter IV of

this chapter; or

(ii) the institution has a clinical training program that

was approved by a State as of January 1, 1992, or the

institution's students complete their clinical training at an

approved veterinary school located in the United States.

(B) Advisory panel

(i) In general

For the purpose of qualifying as an institution under

paragraph (1)(C) of this subsection, the Secretary shall

establish an advisory panel of medical experts that shall -

(I) evaluate the standards of accreditation applied to

applicant foreign medical schools; and

(II) determine the comparability of those standards to

standards for accreditation applied to United States

medical schools.

(ii) Special rule

If the accreditation standards described in clause (i) are

determined not to be comparable, the foreign medical school

shall be required to meet the requirements of section 1001 of

this title.

The failure of an institution outside the United States to

provide, release, or authorize release to the Secretary of such

information as may be required by subparagraph (A) shall render

such institution ineligible for the purpose of part B of

subchapter IV of this chapter.

(D) Special rule

If, pursuant to this paragraph, an institution loses

eligibility to participate in the programs under subchapter IV

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

title 42, then a student enrolled at such institution may,

notwithstanding such loss of eligibility, continue to be

eligible to receive a loan under part B (FOOTNOTE 1) while

attending such institution for the academic year succeeding the

academic year in which such loss of eligibility occurred.

(3) Limitations based on course of study or enrollment

An institution shall not be considered to meet the definition

of an institution of higher education in paragraph (1) if such

institution -

(A) offers more than 50 percent of such institution's courses

by correspondence, unless the institution is an institution

that meets the definition in section 2471(4)(C) of this title;

(FOOTNOTE 2)

(FOOTNOTE 2) See References in Text note below.

(B) enrolls 50 percent or more of the institution's students

in correspondence courses, unless the institution is an

institution that meets the definition in such section, except

that the Secretary, at the request of such institution, may

waive the applicability of this subparagraph to such

institution for good cause, as determined by the Secretary in

the case of an institution of higher education that provides a

2- or 4-year program of instruction (or both) for which the

institution awards an associate or baccalaureate degree,

respectively;

the students are incarcerated, except that the Secretary may

waive the limitation contained in this subparagraph for a

nonprofit institution that provides a 2- or 4-year program of

instruction (or both) for which the institution awards a

bachelor's degree, or an associate's degree or a postsecondary

diploma, respectively; or

(D) has a student enrollment in which more than 50 percent of

the students do not have a secondary school diploma or its

recognized equivalent, and does not provide a 2- or 4-year

program of instruction (or both) for which the institution

awards a bachelor's degree or an associate's degree,

respectively, except that the Secretary may waive the

limitation contained in this subparagraph if a nonprofit

institution demonstrates to the satisfaction of the Secretary

that the institution exceeds such limitation because the

institution serves, through contracts with Federal, State, or

local government agencies, significant numbers of students who

do not have a secondary school diploma or its recognized

equivalent.

(4) Limitations based on management

An institution shall not be considered to meet the definition

of an institution of higher education in paragraph (1) if -

(A) the institution, or an affiliate of the institution that

has the power, by contract or ownership interest, to direct or

cause the direction of the management or policies of the

institution, has filed for bankruptcy, except that this

paragraph shall not apply to a nonprofit institution, the

primary function of which is to provide health care educational

services (or an affiliate of such an institution that has the

power, by contract or ownership interest, to direct or cause

the direction of the institution's management or policies) that

files for bankruptcy under chapter 11 of title 11 between July

1, 1998, and December 1, 1998; or

(B) the institution, the institution's owner, or the

institution's chief executive officer has been convicted of, or

has pled nolo contendere or guilty to, a crime involving the

acquisition, use, or expenditure of funds under subchapter IV

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

title 42, or has been judicially determined to have committed

fraud involving funds under subchapter IV of this chapter and

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

(5) Certification

The Secretary shall certify an institution's qualification as

an institution of higher education in accordance with the

requirements of subpart 3 of part G of subchapter IV of this

chapter.

(6) Loss of eligibility

An institution of higher education shall not be considered to

meet the definition of an institution of higher education in

paragraph (1) if such institution is removed from eligibility for

funds under subchapter IV of this chapter and part C of

subchapter I of chapter 34 of title 42 as a result of an action

pursuant to part G of subchapter IV of this chapter.

(b) Proprietary institution of higher education

(1) Principal criteria

For the purpose of this section, the term ''proprietary

institution of higher education'' means a school that -

(A) provides an eligible program of training to prepare

students for gainful employment in a recognized occupation;

(B) meets the requirements of paragraphs (1) and (2) of

section 1001(a) of this title;

1001(a) of this title;

(D) is accredited by a nationally recognized accrediting

agency or association recognized by the Secretary pursuant to

part G of subchapter IV of this chapter;

(E) has been in existence for at least 2 years; and

(F) has at least 10 percent of the school's revenues from

sources that are not derived from funds provided under

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

chapter 34 of title 42, as determined in accordance with

regulations prescribed by the Secretary.

(2) Additional institutions

The term ''proprietary institution of higher education'' also

includes a proprietary educational institution in any State that,

in lieu of the requirement in paragraph (1) of section 1001(a) of

this title, admits as regular students persons who are beyond the

age of compulsory school attendance in the State in which the

institution is located.

(1) Principal criteria

For the purpose of this section, the term ''postsecondary

vocational institution'' means a school that -

(A) provides an eligible program of training to prepare

students for gainful employment in a recognized occupation;

(B) meets the requirements of paragraphs (1), (2), (4), and

(5) of section 1001(a) of this title; and

(2) Additional institutions

The term ''postsecondary vocational institution'' also includes

an educational institution in any State that, in lieu of the

requirement in paragraph (1) of section 1001(a) of this title,

admits as regular students persons who are beyond the age of

compulsory school attendance in the State in which the

institution is located.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 102, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1586.)

-REFTEXT-

REFERENCES IN TEXT

Section 2471(4)(C) of this title, referred to in subsec.

(a)(3)(A), was omitted in the general amendment of chapter 44 (Sec.

2301 et seq.) of this title by Pub. L. 105-332, Sec. 1(b), Oct. 31,

1998, 112 Stat. 3076.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1088(a) to (c) of this title prior to repeal by Pub. L. 105-244.

A prior section 1002, Pub. L. 89-329, title I, Sec. 102, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 459,

related to partnership agreements required for grant eligibility,

prior to the general amendment of this subchapter by Pub. L.

105-244.

Another prior section 1002, Pub. L. 89-329, title I, Sec. 102, as

added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat.

1278, defined terms ''continuing education'', ''adult learner'',

''eligible institution'', and ''qualified entity'', prior to the

general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1002, Pub. L. 89-329, title I, Sec. 102, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1374, provided for establishment of Commission on National

Development in Postsecondary Education, prior to the general

amendment of this subchapter by Pub. L. 99-498.

Another prior section 1002, Pub. L. 89-329, title I, Sec. 102,

Nov. 8, 1965, 79 Stat. 1219; Pub. L. 94-482, title I, Sec.

101(b)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2083, 2086, defined the

terms ''community service program'', ''continuing education

program'', and ''resource materials sharing programs'', 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 1001, 1011c, 1078-11,

1085, 1093, 1094, 1099b, 1099c, 1099c-2, 2373, 6103 of this title;

title 29 section 2801; title 37 section 430; title 42 sections

292d, 677, 12604.

-CITE-

20 USC Sec. 1003 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part A - Definitions

-HEAD-

Sec. 1003. Additional definitions

-STATUTE-

In this chapter:

(1) Combination of institutions of higher education

The term ''combination of institutions of higher education''

means a group of institutions of higher education that have

entered into a cooperative arrangement for the purpose of

carrying out a common objective, or a public or private nonprofit

agency, organization, or institution designated or created by a

group of institutions of higher education for the purpose of

carrying out a common objective on the group's behalf.

(2) Department

The term ''Department'' means the Department of Education.

(3) Disability

The term ''disability'' has the same meaning given that term

under section 12102(2) of title 42.

(4) Elementary school

The term ''elementary school'' has the same meaning given that

term under section 7801 of this title.

(5) Gifted and talented

The term ''gifted and talented'' has the same meaning given

that term under section 7801 of this title.

(6) Local educational agency

The term ''local educational agency'' has the same meaning

given that term under section 7801 of this title.

(7) New borrower

The term ''new borrower'' when used with respect to any date

means an individual who on that date has no outstanding balance

of principal or interest owing on any loan made, insured, or

guaranteed under subchapter IV of this chapter and part C of

subchapter I of chapter 34 of title 42.

(8) Nonprofit

The term ''nonprofit'' as applied to a school, agency,

organization, or institution means a school, agency,

organization, or institution owned and operated by one or more

nonprofit corporations or associations, no part of the net

earnings of which inures, or may lawfully inure, to the benefit

of any private shareholder or individual.

(9) School or department of divinity

The term ''school or department of divinity'' means an

institution, or a department or a branch of an institution, the

program of instruction of which is designed for the education of

students -

(A) to prepare the students to become ministers of religion

or to enter upon some other religious vocation (or to provide

continuing training for any such vocation); or

(B) to prepare the students to teach theological subjects.

(10) Secondary school

The term ''secondary school'' has the same meaning given that

term under section 7801 of this title.

(11) Secretary

The term ''Secretary'' means the Secretary of Education.

(12) Service-learning

The term ''service-learning'' has the same meaning given that

term under section 12511(23) of title 42.

(13) Special education teacher

The term ''special education teacher'' means teachers who teach

children with disabilities as defined in section 1401 of this

title.

(14) State educational agency

The term ''State educational agency'' has the same meaning

given that term under section 7801 of this title.

(15) State higher education agency

The term ''State higher education agency'' means the officer or

agency primarily responsible for the State supervision of higher

education.

(16) State; Freely Associated States

(A) State

The term ''State'' includes, in addition to the several

States of the United States, the Commonwealth of Puerto Rico,

the District of Columbia, Guam, American Samoa, the United

States Virgin Islands, the Commonwealth of the Northern Mariana

Islands, and the Freely Associated States.

(B) Freely Associated States

The term ''Freely Associated States'' means the Republic of

the Marshall Islands, the Federated States of Micronesia, and

the Republic of Palau.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 103, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1589; amended Pub. L.

107-110, title X, Sec. 1076(g), Jan. 8, 2002, 115 Stat. 2091.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1141(b) of this title prior to repeal by Pub. L. 105-244.

A prior section 1003, Pub. L. 89-329, title I, Sec. 103, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 459;

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

2457, related to authority to make grants under the school,

college, and university partnership grant program, prior to the

general amendment of this subchapter by Pub. L. 105-244.

Another prior section 1003, Pub. L. 89-329, title I, Sec. 103, as

added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat.

1279, related to limitation on contract authority, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1003, Pub. L. 89-329, title I, Sec. 103, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1375, related to duties of the Commission on National Development

in Postsecondary Education, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 1003, Pub. L. 89-329, title I, Sec. 103,

Nov. 8, 1965, 79 Stat. 1219; Pub. L. 92-318, title I, Sec.

102(a)(2), June 23, 1972, 86 Stat. 237; Pub. L. 94-482, title I,

Sec. 101(b)(2), (g)(2), Oct. 12, 1976, 90 Stat. 2084, 2086; Pub. L.

95-43, Sec. 1(a)(1), June 15, 1977, 91 Stat. 213; Pub. L. 96-96,

Sec. 1, Oct. 31, 1979, 93 Stat. 729, provided for the allotment of

funds to States, prior to the general amendment of this subchapter

by Pub. L. 96-374.

A prior section 1004, Pub. L. 89-329, title I, Sec. 104, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 460;

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

2457, related to grant applications, prior to the general amendment

of this subchapter by Pub. L. 105-244.

Another prior section 1004, Pub. L. 89-329, title I, Sec. 104, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1376, related to administrative provisions and powers of Commission

on National Development in Postsecondary Education, prior to the

general amendment of this subchapter by Pub. L. 99-498.

Another prior section 1004, Pub. L. 89-329, title I, Sec. 104,

Nov. 8, 1965, 79 Stat. 1220; Pub. L. 94-482, title I, Sec.

101(b)(3), Oct. 12, 1976, 90 Stat. 2084; Pub. L. 95-43, Sec.

1(a)(2), June 15, 1977, 91 Stat. 213, described the allowable uses

of States' allotments of funds, prior to the general amendment of

this subchapter by Pub. L. 96-374.

A prior section 1005, Pub. L. 89-329, title I, Sec. 105, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 461,

related to peer review of applications, prior to the general

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

Another prior section 1005, Pub. L. 89-329, title I, Sec. 105, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1377, authorized appropriations, prior to the general amendment of

this subchapter by Pub. L. 99-498.

Another prior section 1005, Pub. L. 89-329, title I, Sec. 105,

Nov. 8, 1965, 79 Stat. 1220; Pub. L. 90-575, title II, Sec. 202,

Oct. 16, 1968, 82 Stat. 1036; Pub. L. 94-482, title I, Sec.

101(b)(4)-(10), (g)(2), Oct. 12, 1976, 90 Stat. 2084-2086; Pub. L.

95-43, Sec. 1(a)(3), (b)(1), (2), June 15, 1977, 91 Stat. 213, 218,

set out the requisite features of State plans, prior to the general

amendment of this subchapter by Pub. L. 96-374.

A prior section 1005a, Pub. L. 89-329, title I, Sec. 106, as

added Pub. L. 92-318, title I, Sec. 102(a)(1), June 23, 1972, 86

Stat. 237; amended Pub. L. 94-482, title I, Sec. 101(g)(2), Oct.

12, 1976, 90 Stat. 2086, provided for special programs and projects

relating to national and regional problems, prior to the general

amendment of this subchapter by Pub. L. 96-374.

A prior section 1006, Pub. L. 89-329, title I, Sec. 106, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 461,

authorized appropriations, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 1006, Pub. L. 89-329, title I, Sec. 107,

formerly Sec. 106, Nov. 8, 1965, 79 Stat. 1221; Pub. L. 90-575,

title II, Sec. 203(a), Oct. 16, 1968, 82 Stat. 1036, renumbered

Pub. L. 92-318, title I, Sec. 102(a)(1), June 23, 1972, 86 Stat.

236, and amended Pub. L. 94-482, title I, Sec. 101(c), (g)(2), Oct.

12, 1976, 90 Stat. 2085, 2086, related to payment and method of

payment of funds, prior to the general amendment of this subchapter

by Pub. L. 96-374.

Prior sections 1007 to 1010 were omitted in the general amendment

of this subchapter by Pub. L. 96-374.

Section 1007, Pub. L. 89-329, title I, Sec. 108, formerly Sec.

107, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title

I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L.

94-482, title I, Sec. 101(g)(2), Oct. 12, 1976, 90 Stat. 2086,

related to disapproval of State plans, notice and hearing, findings

of Commissioner of Education, and notification to State of

noneligibility.

Section 1008, Pub. L. 89-329, title I, Sec. 109, formerly Sec.

108, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title

I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L.

94-482, title I, Sec. 101(d), Oct. 12, 1976, 90 Stat. 2085,

provided for judicial review of actions of Commissioner of

Education and scope of that review.

Section 1008a, Pub. L. 89-329, title I, Sec. 110, as added Pub.

L. 93-29, title VIII, Sec. 803, May 3, 1973, 87 Stat. 59, and

amended Pub. L. 94-135, title II, Sec. 201, Nov. 28, 1975, 89 Stat.

726; Pub. L. 94-482, title I, Sec. 101(g)(2), Oct. 12, 1976, 90

Stat. 2086, provided for programs and projects relating to problems

of the elderly.

Section 1008b, Pub. L. 89-329, title I, Sec. 111, as added Pub.

L. 94-482, title I, Sec. 101(e), Oct. 12, 1976, 90 Stat. 2085,

related to technical assistance and administration.

Section 1009, Pub. L. 89-329, title I, Sec. 112, formerly Sec.

109, Nov. 8, 1965, 79 Stat. 1223; Pub. L. 91-230, title IV, Sec.

401(h)(4), Apr. 13, 1970, 84 Stat. 174, renumbered Sec. 110, Pub.

L. 92-318, title I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 236,

renumbered Sec. 111, Pub. L. 93-29, title VIII, Sec. 803, May 3,

1973, 87 Stat. 59; Pub. L. 93-380, title VIII, Sec. 831, Aug. 21,

1974, 88 Stat. 603; Pub. L. 93-644, Sec. 9(a), Jan. 4, 1975, 88

Stat. 2310, renumbered Sec. 112 and amended Pub. L. 94-482, title

I, Sec. 101(e), (f)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2085, 2086;

1977 Reorg. Plan No. 2, Sec. 7(a)(13), 42 F.R. 62461, 91 Stat.

1637, provided for creation of a National Advisory Council on

Extension and Continuing Education.

Section 1010, Pub. L. 89-329, title I, Sec. 113, formerly Sec.

110, Nov. 8, 1965, 79 Stat. 1224, renumbered Sec. 111, Pub. L.

92-318, title I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 236,

renumbered Sec. 112, Pub. L. 93-29, title VIII, Sec. 803, May 3,

1973, 87 Stat. 59, renumbered Sec. 113 and amended Pub. L. 94-482,

title I, Sec. 101(e), (f)(2), Oct. 12, 1976, 90 Stat. 2085, 2086,

directed that nothing in the section be held to modify any

authority under the Smith-Lever Act, section 341 et seq. of Title

7, Agriculture.

AMENDMENTS

2002 - Pars. (4) to (6), (10), (14). Pub. L. 107-110 substituted

''7801'' for ''8801''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7255f of this title.

-CITE-

20 USC Part B - Additional General Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Part B - Additional General Provisions

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 42 section 1862i.

-CITE-

20 USC Sec. 1011 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011. Antidiscrimination

-STATUTE-

(a) In general

Institutions of higher education receiving Federal financial

assistance may not use such financial assistance, directly or

indirectly, to undertake any study or project or fulfill the terms

of any contract containing an express or implied provision that any

person or persons of a particular race, religion, sex, or national

origin be barred from performing such study, project, or contract,

except that nothing in this subsection shall be construed to

prohibit an institution from conducting objective studies or

projects concerning the nature, effects, or prevention of

discrimination, or to have the institution's curriculum restricted

on the subject of discrimination.

(b) Limitations on statutory construction

Nothing in this chapter shall be construed to limit the rights or

responsibilities of any individual under the Americans With

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), or any other

law.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 111, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1590.)

-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.

The Americans with Disabilities Act of 1990, referred to in

subsec. (b), 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.

The Rehabilitation Act of 1973, referred to in subsec. (b), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

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

Short Title note set out under section 701 of Title 29 and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1142

of this title prior to repeal by Pub. L. 105-244.

A prior section 1011, Pub. L. 89-329, title I, Sec. 121, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 461,

stated congressional findings and purposes of articulation

agreements grant program, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 1011, Pub. L. 89-329, title I, Sec. 111, as

added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat.

1279, related to institutional development, prior to the general

amendment of this subchapter by Pub. L. 102-325.

Another prior section 1011, Pub. L. 89-329, title I, Sec. 111, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1377, stated Congressional findings with respect to education

outreach programs, prior to the general amendment of this

subchapter by Pub. L. 99-498.

Another prior section 1011, Pub. L. 89-329, title I, Sec. 114,

formerly Sec. 111, Nov. 8, 1965, 79 Stat. 1224, renumbered Sec. 112

and amended Pub. L. 92-318, title I, Sec. 102(a)(1), 131(d)(2)(A),

June 23, 1972, 86 Stat. 236, 260, renumbered Sec. 113, Pub. L.

93-29, title VIII, Sec. 803, May 3, 1973, 87 Stat. 59, renumbered

Sec. 114, Pub. L. 94-482, title I, Sec. 101(e), Oct. 12, 1976, 90

Stat. 2085, prohibited the giving of grants for programs relating

to sectarian instruction or worship, prior to the general amendment

of this subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1011a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011a. Protection of student speech and association rights

-STATUTE-

(a) Protection of rights

It is the sense of Congress that no student attending an

institution of higher education on a full- or part-time basis

should, on the basis of participation in protected speech or

protected association, be excluded from participation in, be denied

the benefits of, or be subjected to discrimination or official

sanction under any education program, activity, or division of the

institution directly or indirectly receiving financial assistance

under this chapter, whether or not such program, activity, or

division is sponsored or officially sanctioned by the institution.

(b) Construction

Nothing in this section shall be construed -

(1) to discourage the imposition of an official sanction on a

student that has willfully participated in the disruption or

attempted disruption of a lecture, class, speech, presentation,

or performance made or scheduled to be made under the auspices of

the institution of higher education; or

(2) to prevent an institution of higher education from taking

appropriate and effective action to prevent violations of State

liquor laws, to discourage binge drinking and other alcohol

abuse, to protect students from sexual harassment including

assault and date rape, to prevent hazing, or to regulate

unsanitary or unsafe conditions in any student residence.

For the purposes of this section:

(1) Official sanction

The term ''official sanction'' -

(A) means expulsion, suspension, probation, censure,

condemnation, reprimand, or any other disciplinary, coercive,

or adverse action taken by an institution of higher education

or administrative unit of the institution; and

(B) includes an oral or written warning made by an official

of an institution of higher education acting in the official

capacity of the official.

(2) Protected association

The term ''protected association'' means the joining,

assembling, and residing with others that is protected under the

first and 14th amendments to the Constitution, or would be

protected if the institution of higher education involved were

subject to those amendments.

(3) Protected speech

The term ''protected speech'' means speech that is protected

under the first and 14th amendments to the Constitution, or would

be protected if the institution of higher education involved were

subject to those amendments.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 112, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1591.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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-

PRIOR PROVISIONS

A prior section 1011a, Pub. L. 89-329, title I, Sec. 122, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

462, authorized grants to States, prior to the general amendment of

this subchapter by Pub. L. 105-244.

-CITE-

20 USC Sec. 1011b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011b. Treatment of territories and territorial student

assistance

-STATUTE-

(a) Waiver authority

The Secretary is required to waive the eligibility criteria of

any postsecondary education program administered by the Department

where such criteria do not take into account the unique

circumstances in Guam, the United States Virgin Islands, American

Samoa, the Commonwealth of the Northern Mariana Islands, and the

Freely Associated States.

(b) Eligibility

Notwithstanding any other provision of law, an institution of

higher education that is located in any of the Freely Associated

States, rather than in another State, shall be eligible, if

otherwise qualified, for assistance under division 1 of subpart 2

of part A of subchapter IV of this chapter. This subsection shall

cease to be effective on September 30, 2004.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 113, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1591.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1144a of this title prior to repeal by Pub. L. 105-244.

A prior section 1011b, Pub. L. 89-329, title I, Sec. 123, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

462, related to State applications for grants, prior to the general

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

-CITE-

20 USC Sec. 1011c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011c. National Advisory Committee on Institutional Quality

and Integrity

-STATUTE-

(a) Establishment

There is established in the Department a National Advisory

Committee on Institutional Quality and Integrity (hereafter in this

section referred to as the ''Committee''), which shall be composed

of 15 members appointed by the Secretary from among individuals who

are representatives of, or knowledgeable concerning, education and

training beyond secondary education, including representatives of

all sectors and types of institutions of higher education (as

defined in section 1002 of this title), to assess the process of

eligibility and certification of such institutions under subchapter

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

title 42 and the provision of financial aid under subchapter IV of

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

(b) Terms of members

Terms of office of each member of the Committee shall be 3 years,

except that any member appointed to fill a vacancy occurring prior

to the expiration of the term for which the member's predecessor

was appointed shall be appointed for the remainder of such term.

The Secretary shall -

(1) annually publish in the Federal Register a list containing

the name of each member of the Committee and the date of the

expiration of the term of office of the member; and

(2) publicly solicit nominations for each vacant position or

expiring term of office on the Committee.

(d) Functions

The Committee shall -

(1) advise the Secretary with respect to establishment and

enforcement of the standards of accrediting agencies or

associations under subpart 2 of part G of subchapter IV of this

chapter;

(2) advise the Secretary with respect to the recognition of a

specific accrediting agency or association;

(3) advise the Secretary with respect to the preparation and

publication of the list of nationally recognized accrediting

agencies and associations;

(4) develop and recommend to the Secretary standards and

criteria for specific categories of vocational training

institutions and institutions of higher education for which there

are no recognized accrediting agencies, associations, or State

agencies, in order to establish the eligibility of such

institutions on an interim basis for participation in federally

funded programs;

(5) advise the Secretary with respect to the eligibility and

certification process for institutions of higher education under

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

chapter 34 of title 42, together with recommendations for

improvements in such process;

(6) advise the Secretary with respect to the relationship

between -

(A) accreditation of institutions of higher education and the

certification and eligibility of such institutions; and

(B) State licensing responsibilities with respect to such

institutions; and

(7) carry out such other advisory functions relating to

accreditation and institutional eligibility as the Secretary may

prescribe.

(e) Meeting procedures

The Committee shall meet not less than twice each year at the

call of the Chairperson. The date of, and agenda for, each meeting

of the Committee shall be submitted in advance to the Secretary for

approval. A representative of the Secretary shall be present at

all meetings of the Committee.

(f) Report

Not later than November 30 of each year, the Committee shall make

an annual report through the Secretary to Congress. The annual

report shall contain -

(1) a list of the members of the Committee and their addresses;

(2) a list of the functions of the Committee;

(3) a list of dates and places of each meeting during the

preceding fiscal year; and

(4) a summary of the activities, findings and recommendations

made by the Committee during the preceding fiscal year.

(g) Termination

The Committee shall cease to exist on September 30, 2004.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 114, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1592.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 1145

of this title prior to repeal by Pub. L. 105-244.

A prior section 1011c, Pub. L. 89-329, title I, Sec. 124, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

463, related to local applications for grants, prior to the general

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

-CITE-

20 USC Sec. 1011d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011d. Student representation

-STATUTE-

The Secretary shall, in appointing individuals to any commission,

committee, board, panel, or other body in connection with the

administration of this chapter, include individuals who are, at the

time of appointment, attending an institution of higher education.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 115, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1593.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1145b of this title prior to repeal by Pub. L. 105-244.

A prior section 1011d, Pub. L. 89-329, title I, Sec. 125, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

463, related to articulation agreements, prior to the general

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

-CITE-

20 USC Sec. 1011e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011e. Financial responsibility of foreign students

-STATUTE-

Nothing in this chapter or any other Federal law shall be

construed to prohibit any institution of higher education from

requiring a student who is a foreign national (and not admitted to

permanent residence in the United States) to guarantee the future

payment of tuition and fees to such institution by -

(1) making advance payment of such tuition and fees;

(2) making deposits in an escrow account administered by such

institution for such payments; or

(3) obtaining a bond or other insurance that such payments will

be made.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 116, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1593.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1145c of this title prior to repeal by Pub. L. 105-244.

A prior section 1011e, Pub. L. 89-329, title I, Sec. 126, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

464, related to State administrative costs, prior to the general

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

-CITE-

20 USC Sec. 1011f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011f. Disclosures of foreign gifts

-STATUTE-

(a) Disclosure report

Whenever any institution is owned or controlled by a foreign

source or receives a gift from or enters into a contract with a

foreign source, the value of which is $250,000 or more, considered

alone or in combination with all other gifts from or contracts with

that foreign source within a calendar year, the institution shall

file a disclosure report with the Secretary on January 31 or July

31, whichever is sooner.

(b) Contents of report

Each report to the Secretary required by this section shall

contain the following:

(1) For gifts received from or contracts entered into with a

foreign source other than a foreign government, the aggregate

dollar amount of such gifts and contracts attributable to a

particular country. The country to which a gift is attributable

is the country of citizenship, or if unknown, the principal

residence for a foreign source who is a natural person, and the

country of incorporation, or if unknown, the principal place of

business, for a foreign source which is a legal entity.

(2) For gifts received from or contracts entered into with a

foreign government, the aggregate amount of such gifts and

contracts received from each foreign government.

(3) In the case of an institution which is owned or controlled

by a foreign source, the identity of the foreign source, the date

on which the foreign source assumed ownership or control, and any

changes in program or structure resulting from the change in

ownership or control.

Notwithstanding the provisions of subsection (b) of this section,

whenever any institution receives a restricted or conditional gift

or contract from a foreign source, the institution shall disclose

the following:

(1) For such gifts received from or contracts entered into with

a foreign source other than a foreign government, the amount, the

date, and a description of such conditions or restrictions. The

report shall also disclose the country of citizenship, or if

unknown, the principal residence for a foreign source which is a

natural person, and the country of incorporation, or if unknown,

the principal place of business for a foreign source which is a

legal entity.

(2) For gifts received from or contracts entered into with a

foreign government, the amount, the date, a description of such

conditions or restrictions, and the name of the foreign

government.

(d) Relation to other reporting requirements

(1) State requirements

If an institution described under subsection (a) of this

section is within a State which has enacted requirements for

public disclosure of gifts from or contracts with a foreign

source that are substantially similar to the requirements of this

section, a copy of the disclosure report filed with the State may

be filed with the Secretary in lieu of a report required under

subsection (a) of this section. The State in which the

institution is located shall provide to the Secretary such

assurances as the Secretary may require to establish that the

institution has met the requirements for public disclosure under

State law if the State report is filed.

(2) Use of other Federal reports

If an institution receives a gift from, or enters into a

contract with, a foreign source, where any other department,

agency, or bureau of the executive branch requires a report

containing requirements substantially similar to those required

under this section, a copy of the report may be filed with the

Secretary in lieu of a report required under subsection (a) of

this section.

(e) Public inspection

All disclosure reports required by this section shall be public

records open to inspection and copying during business hours.

(f) Enforcement

(1) Court orders

Whenever it appears that an institution has failed to comply

with the requirements of this section, including any rule or

regulation promulgated under this section, a civil action may be

brought by the Attorney General, at the request of the Secretary,

in an appropriate district court of the United States, or the

appropriate United States court of any territory or other place

subject to the jurisdiction of the United States, to request such

court to compel compliance with the requirements of this section.

(2) Costs

For knowing or willful failure to comply with the requirements

of this section, including any rule or regulation promulgated

thereunder, an institution shall pay to the Treasury of the

United States the full costs to the United States of obtaining

compliance, including all associated costs of investigation and

enforcement.

(g) Regulations

The Secretary may promulgate regulations to carry out this

section.

(h) Definitions

For the purpose of this section -

(1) the term ''contract'' means any agreement for the

acquisition by purchase, lease, or barter of property or services

by the foreign source, for the direct benefit or use of either of

the parties;

(2) the term ''foreign source'' means -

(A) a foreign government, including an agency of a foreign

government;

(B) a legal entity, governmental or otherwise, created solely

under the laws of a foreign state or states;

United States or a trust territory or protectorate thereof; and

(D) an agent, including a subsidiary or affiliate of a

foreign legal entity, acting on behalf of a foreign source;

(3) the term ''gift'' means any gift of money or property;

(4) the term ''institution'' means any institution, public or

private, or, if a multicampus institution, any single campus of

such institution, in any State, that -

(A) is legally authorized within such State to provide a

program of education beyond secondary school;

(B) provides a program for which the institution awards a

bachelor's degree (or provides not less than a 2-year program

which is acceptable for full credit toward such a degree) or

more advanced degrees; and

agency or association and to which institution Federal

financial assistance is extended (directly or indirectly

through another entity or person), or which institution

receives support from the extension of Federal financial

assistance to any of the institution's subunits; and

(5) the term ''restricted or conditional gift or contract''

means any endowment, gift, grant, contract, award, present, or

property of any kind which includes provisions regarding -

(A) the employment, assignment, or termination of faculty;

(B) the establishment of departments, centers, research or

lecture programs, or new faculty positions;

(D) the award of grants, loans, scholarships, fellowships, or

other forms of financial aid restricted to students of a

specified country, religion, sex, ethnic origin, or political

opinion.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 117, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1593.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1145d of this title prior to repeal by Pub. L. 105-244.

A prior section 1011f, Pub. L. 89-329, title I, Sec. 127, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

464, related to priority grant applications, prior to the general

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

-CITE-

20 USC Sec. 1011g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011g. Application of peer review process

-STATUTE-

All applications submitted under the provisions of this chapter

which require peer review shall be read by a panel of readers

composed of individuals selected by the Secretary, which shall

include outside readers who are not employees of the Federal

Government. The Secretary shall ensure that no individual assigned

under this section to review any application has any conflict of

interest with regard to that application which might impair the

impartiality with which that individual conducts the review under

this section.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 118, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1595.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1145d-1 of this title prior to repeal by Pub. L. 105-244.

A prior section 1011g, Pub. L. 89-329, title I, Sec. 128, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

464, related to reports and evaluation of programs, prior to the

general amendment of this subchapter by Pub. L. 105-244.

-CITE-

20 USC Sec. 1011h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011h. Binge drinking on college campuses

-STATUTE-

(a) Short title

This section may be cited as the ''Collegiate Initiative To

Reduce Binge Drinking and Illegal Alcohol Consumption''.

(b) Sense of Congress

It is the sense of Congress that, in an effort to change the

culture of alcohol consumption on college campuses, all

institutions of higher education should carry out the following:

(1) The president of the institution should appoint a task

force consisting of school administrators, faculty, students,

Greek system representatives, and others to conduct a full

examination of student and academic life at the institution. The

task force should make recommendations for a broad range of

policy and program changes that would serve to reduce alcohol and

other drug-related problems. The institution should provide

resources to assist the task force in promoting the campus

policies and proposed environmental changes that have been

identified.

(2) The institution should provide maximum opportunities for

students to live in an alcohol-free environment and to engage in

stimulating, alcohol-free recreational and leisure activities.

(3) The institution should enforce a ''zero tolerance'' policy

on the illegal consumption of alcohol by students at the

institution.

(4) The institution should vigorously enforce the institution's

code of disciplinary sanctions for those who violate campus

alcohol policies. Students with alcohol or other drug-related

problems should be referred for assistance, including on-campus

counseling programs if appropriate.

(5) The institution should adopt a policy to discourage

alcoholic beverage-related sponsorship of on-campus activities.

It should adopt policies limiting the advertisement and promotion

of alcoholic beverages on campus.

(6) The institution should work with the local community,

including local businesses, in a ''Town/Gown'' alliance to

encourage responsible policies toward alcohol consumption and to

address illegal alcohol use by students.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 119, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1596.)

-MISC1-

PRIOR PROVISIONS

A prior section 1011h, Pub. L. 89-329, title I, Sec. 129, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

465, authorized appropriations to carry out the articulation

agreements grant program, prior to the general amendment of this

subchapter by Pub. L. 105-244.

-CITE-

20 USC Sec. 1011i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011i. Drug and alcohol abuse prevention

-STATUTE-

(a) Restriction on eligibility

Notwithstanding any other provision of law, no institution of

higher education shall be eligible to receive funds or any other

form of financial assistance under any Federal program, including

participation in any federally funded or guaranteed student loan

program, unless the institution certifies to the Secretary that the

institution has adopted and has implemented a program to prevent

the use of illicit drugs and the abuse of alcohol by students and

employees that, at a minimum, includes -

(1) the annual distribution to each student and employee of -

(A) standards of conduct that clearly prohibit, at a minimum,

the unlawful possession, use, or distribution of illicit drugs

and alcohol by students and employees on the institution's

property or as part of any of the institution's activities;

(B) a description of the applicable legal sanctions under

local, State, or Federal law for the unlawful possession or

distribution of illicit drugs and alcohol;

of illicit drugs and the abuse of alcohol;

(D) a description of any drug or alcohol counseling,

treatment, or rehabilitation or re-entry programs that are

available to employees or students; and

(E) a clear statement that the institution will impose

sanctions on students and employees (consistent with local,

State, and Federal law), and a description of those sanctions,

up to and including expulsion or termination of employment and

referral for prosecution, for violations of the standards of

conduct required by subparagraph (A); and

(2) a biennial review by the institution of the institution's

program to -

(A) determine the program's effectiveness and implement

changes to the program if the changes are needed; and

(B) ensure that the sanctions required by paragraph (1)(E)

are consistently enforced.

(b) Information availability

Each institution of higher education that provides the

certification required by subsection (a) of this section shall,

upon request, make available to the Secretary and to the public a

copy of each item required by subsection (a)(1) of this section as

well as the results of the biennial review required by subsection

(a)(2) of this section.

(1) In general

The Secretary shall publish regulations to implement and

enforce the provisions of this section, including regulations

that provide for -

(A) the periodic review of a representative sample of

programs required by subsection (a) of this section; and

(B) a range of responses and sanctions for institutions of

higher education that fail to implement their programs or to

consistently enforce their sanctions, including information and

technical assistance, the development of a compliance

agreement, and the termination of any form of Federal financial

assistance.

(2) Rehabilitation program

The sanctions required by subsection (a)(1)(E) of this section

may include the completion of an appropriate rehabilitation

program.

(d) Appeals

Upon determination by the Secretary to terminate financial

assistance to any institution of higher education under this

section, the institution may file an appeal with an administrative

law judge before the expiration of the 30-day period beginning on

the date such institution is notified of the decision to terminate

financial assistance under this section. Such judge shall hold a

hearing with respect to such termination of assistance before the

expiration of the 45-day period beginning on the date that such

appeal is filed. Such judge may extend such 45-day period upon a

motion by the institution concerned. The decision of the judge

with respect to such termination shall be considered to be a final

agency action.

(e) Alcohol and drug abuse prevention grants

(1) Program authority

The Secretary may make grants to institutions of higher

education or consortia of such institutions, and enter into

contracts with such institutions, consortia, and other

organizations, to develop, implement, operate, improve, and

disseminate programs of prevention, and education (including

treatment-referral) to reduce and eliminate the illegal use of

drugs and alcohol and the violence associated with such use.

Such grants or contracts may also be used for the support of a

higher education center for alcohol and drug abuse prevention

that will provide training, technical assistance, evaluation,

dissemination, and associated services and assistance to the

higher education community as determined by the Secretary and

institutions of higher education.

(2) Awards

Grants and contracts shall be awarded under paragraph (1) on a

competitive basis.

(3) Applications

An institution of higher education, a consortium of such

institutions, or another organization that desires to receive a

grant or contract under paragraph (1) shall submit an application

to the Secretary at such time, in such manner, and containing or

accompanied by such information as the Secretary may reasonably

require by regulation.

(4) Additional requirements

(A) Participation

In awarding grants and contracts under this subsection the

Secretary shall make every effort to ensure -

(i) the equitable participation of private and public

institutions of higher education (including community and

junior colleges); and

(ii) the equitable geographic participation of such

institutions.

(B) Consideration

In awarding grants and contracts under this subsection the

Secretary shall give appropriate consideration to institutions

of higher education with limited enrollment.

(5) Authorization of appropriations

There are authorized to be appropriated to carry out this

subsection $5,000,000 for fiscal year 1999 and such sums as may

be necessary for each of the 4 succeeding fiscal years.

(f) National Recognition Awards

(1) Purpose

It is the purpose of this subsection to provide models of

innovative and effective alcohol and drug abuse prevention

programs in higher education and to focus national attention on

exemplary alcohol and drug abuse prevention efforts.

(2) Awards

(A) In general

The Secretary shall make 5 National Recognition Awards for

outstanding alcohol prevention programs and 5 National

Recognition Awards for outstanding drug abuse prevention

programs, on an annual basis, to institutions of higher

education that -

(i) have developed and implemented innovative and effective

alcohol prevention programs or drug abuse prevention

programs; and

(ii) with respect to an application for an alcohol

prevention program award, demonstrate in the application

submitted under paragraph (3) that the institution has

undertaken efforts designed to change the culture of college

drinking consistent with the review criteria described in

paragraph (3)(C)(iii).

(B) Ceremony

The awards shall be made at a ceremony in Washington, D.C.

The Secretary shall publish a document describing the alcohol

and drug abuse prevention programs of institutions of higher

education that receive the awards under this subsection and

disseminate the document nationally to all public and private

secondary school guidance counselors for use by secondary

school juniors and seniors preparing to enter an institution of

higher education. The document shall be disseminated not later

than January 1 of each academic year.

(D) Amount and use

Each institution of higher education selected to receive an

award under this subsection shall receive an award in the

amount of $50,000. Such award shall be used for the maintenance

and improvement of the institution's outstanding prevention

program for the academic year following the academic year for

which the award is made.

(3) Application

(A) In general

Each institution of higher education desiring an award under

this subsection shall submit an application to the Secretary at

such time, in such manner, and accompanied by such information

as the Secretary may require. Each such application shall

contain -

(i) a clear description of the goals and objectives of the

prevention program of the institution;

(ii) a description of program activities that focus on

alcohol or drug policy issues, policy development,

modification, or refinement, policy dissemination and

implementation, and policy enforcement;

(iii) a description of activities that encourage student

and employee participation and involvement in activity

development and implementation;

(iv) the objective criteria used to determine the

effectiveness of the methods used in such programs and the

means used to evaluate and improve the programs' efforts;

(v) a description of special initiatives used to reduce

high-risk behavior or increase low-risk behavior; and

(vi) a description of coordination and networking efforts

that exist in the community in which the institution is

located for purposes of such programs.

(B) Application review

The Secretary shall appoint a committee to review

applications submitted under this paragraph. The committee may

include representatives of Federal departments or agencies the

programs of which include alcohol abuse prevention and

education efforts and drug abuse prevention and education

efforts, directors or heads (or their representatives) of

professional associations that focus on alcohol and drug abuse

prevention efforts, and non-Federal scientists who have

backgrounds in social science evaluation and research

methodology and in education. Decisions of the committee shall

be made directly to the Secretary without review by any other

entity in the Department.

The committee described in subparagraph (B) shall develop

specific review criteria for reviewing and evaluating

applications submitted under this paragraph. The review

criteria shall include -

(i) measures of the effectiveness of the program of the

institution, that includes changes in the campus alcohol or

other drug environment or the climate and changes in alcohol

or other drug use before and after the initiation of the

program;

(ii) measures of program institutionalization, including -

(I) an assessment of needs of the institution;

(II) the institution's alcohol and drug policies, staff

and faculty development activities, drug prevention

criteria, student, faculty, and campus community

involvement; and

(III) whether the program will be continued after the

cessation of Federal funding; and

(iii) with respect to an application for an alcohol

prevention program award, criteria for determining whether

the institution has policies in effect that -

(I) prohibit alcoholic beverage sponsorship of athletic

events, and prohibit alcoholic beverage advertising inside

athletic facilities;

(II) prohibit alcoholic beverage marketing on campus,

which may include efforts to ban alcohol advertising in

institutional publications or efforts to prohibit

alcohol-related advertisements at campus events;

(III) establish or expand upon alcohol-free living

arrangements for all college students;

(IV) establish partnerships with community members and

organizations to further alcohol prevention efforts on

campus and the areas surrounding campus; and

(V) establish innovative communications programs

involving students and faculty in an effort to educate

students about alcohol-related risks.

(4) Eligibility

In order to be eligible to receive a National Recognition Award

an institution of higher education shall -

(A) offer an associate or baccalaureate degree;

(B) have established an alcohol abuse prevention and

education program or a drug abuse prevention and education

program;

professional associations or student organizations, to receive

the award; and

(D) not have received an award under this subsection during

the 5 academic years preceding the academic year for which the

determination is made.

(5) Authorization of appropriations

(A) In general

There is authorized to be appropriated to carry out this

subsection $750,000 for fiscal year 1999.

(B) Availability

Funds appropriated under subparagraph (A) shall remain

available until expended.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 120, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1596.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to subsecs. (a) to (d) of this section were

contained in section 1145g of this title prior to repeal by Pub. L.

105-244.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1092 of this title.

-CITE-

20 USC Sec. 1011j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011j. Prior rights and obligations

-STATUTE-

(a) Authorization of appropriations

(1) Pre-1987 parts C and D of subchapter VII

There are authorized to be appropriated such sums as may be

necessary for fiscal year 1999 and for each of the 4 succeeding

fiscal years to pay obligations incurred prior to 1987 under

parts C and D of subchapter VII of this chapter, as such parts

were in effect before the effective date of the Higher Education

Amendments of 1992.

(2) Post-1992 and pre-1998 part C of subchapter VII

There are authorized to be appropriated such sums as may be

necessary for fiscal year 1999 and for each of the 4 succeeding

fiscal years to pay obligations incurred prior to October 7,

1998, under part C of subchapter VII of this chapter, as such

part was in effect during the period -

(A) after the effective date of the Higher Education

Amendments of 1992; and

(B) prior to October 7, 1998.

(b) Legal responsibilities

(1) Pre-1987 subchapter VII

All entities with continuing obligations incurred under parts

A, B, C, and D of subchapter VII of this chapter, as such parts

were in effect before the effective date of the Higher Education

Amendments of 1992, shall be subject to the requirements of such

part as in effect before the effective date of the Higher

Education Amendments of 1992.

(2) Post-1992 and pre-1998 part C of subchapter VII

All entities with continuing obligations incurred under part C

of subchapter VII of this chapter, as such part was in effect

during the period -

(A) after the effective date of the Higher Education

Amendments of 1992; and

(B) prior to October 7, 1998,

shall be subject to the requirements of such part as such part

was in effect during such period.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 121, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1601.)

-REFTEXT-

REFERENCES IN TEXT

Parts A, B, C, and D of subchapter VII of this chapter, as such

parts were in effect before the effective date of the Higher

Education Amendments of 1992, referred to in subsecs. (a)(1) and

(b)(1), means parts A (Sec. 1132b et seq.), B (Sec. 1132c et seq.),

C (Sec. 1132d et seq.), and D (Sec. 1132e et seq.) of subchapter

VII of this chapter, as in effect before the effective date of Pub.

L. 102-325. For effective date of Pub. L. 102-325, see section 2 of

Pub. L. 102-325, set out as an Effective Date of 1992 Amendment

note under section 1001 of this title. Pub. L. 102-325, title VII,

Sec. 703-707(a), July 23, 1992, 106 Stat. 738-753, amended

subchapter VII of this chapter effective Oct. 1, 1992, by amending

parts A to C generally, repealing part D, and redesignating former

part E as D.

Part C of subchapter VII of this chapter, as such part was in

effect during the period after the effective date of the Higher

Education Amendments of 1992 and prior to October 7, 1998, referred

to in subsecs. (a)(2) and (b)(2), probably means part C (Sec. 1132d

et seq.) of subchapter VII of this chapter, as in effect during the

period after the effective date of Pub. L. 102-325 and before it

was amended by Pub. L. 105-244. For effective date of Pub. L.

102-325, see section 2 of Pub. L. 102-325, set out as an Effective

Date of 1992 Amendment note under section 1001 of this title. Pub.

L. 105-244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786,

amended subchapter VII of this chapter generally, effective Oct. 1,

1998, omitting part C which related to loans for construction,

reconstruction, and renovation of academic housing, and other

educational facilities and adding a new part C (Sec. 1139 et seq.)

relating to urban community service.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1132a-1 of this title prior to the general amendment of subchapter

VII of this chapter by Pub. L. 105-244.

A prior section 121 of Pub. L. 89-329, title I, as added Pub. L.

99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1285, related

to adult learning research and was classified to section 1016 of

this title, prior to the general amendment of this subchapter by

Pub. L. 102-325.

-CITE-

20 USC Sec. 1011k 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part B - Additional General Provisions

-HEAD-

Sec. 1011k. Recovery of payments

-STATUTE-

(a) Public benefit

Congress declares that, if a facility constructed with the aid of

a grant under part A of subchapter VII of this chapter as such part

A was in effect prior to October 7, 1998, or part B of such

subchapter as part B was in effect prior to July 23, 1992, is used

as an academic facility for 20 years following completion of such

construction, the public benefit accruing to the United States will

equal in value the amount of the grant. The period of 20 years

after completion of such construction shall therefore be deemed to

be the period of Federal interest in such facility for the purposes

of such subchapter as so in effect.

(b) Recovery upon cessation of public benefit

If, within 20 years after completion of construction of an

academic facility which has been constructed, in part with a grant

under part A of subchapter VII of this chapter as such part A was

in effect prior to October 7, 1998, or part B of subchapter VII of

this chapter as such part B was in effect prior to July 23, 1992 -

(1) the applicant under such parts as so in effect (or the

applicant's successor in title or possession) ceases or fails to

be a public or nonprofit institution; or

(2) the facility ceases to be used as an academic facility, or

the facility is used as a facility excluded from the term

''academic facility'' (as such term was defined under subchapter

VII of this chapter, as so in effect), unless the Secretary

determines that there is good cause for releasing the institution

from its obligation,

the United States shall be entitled to recover from such applicant

(or successor) an amount which bears to the value of the facility

at that time (or so much thereof as constituted an approved project

or projects) the same ratio as the amount of Federal grant bore to

the cost of the facility financed with the aid of such grant. The

value shall be determined by agreement of the parties or by action

brought in the United States district court for the district in

which such facility is situated.

Notwithstanding the provisions of subsections (a) and (b) of this

section, no project assisted with funds under subchapter VII of

this chapter (as in effect prior to October 7, 1998) shall ever be

used for religious worship or a sectarian activity or for a school

or department of divinity.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 122, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1601.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter VII of this chapter, referred to in text, was amended,

effective Oct. 1, 1992, by Pub. L. 102-325, title VII, Sec.

703-707(a), July 23, 1992, 106 Stat. 738-753, by amending parts A

to C generally, repealing part D, and redesignating former part E

as D, and was further amended generally, effective Oct. 1, 1998, by

Pub. L. 105-244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786,

by substituting provisions relating to graduate and post-secondary

improvement programs for former provisions relating to

construction, reconstruction, and renovation of academic

facilities.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1132i of this title prior to the general amendment of subchapter

VII of this chapter by Pub. L. 105-244.

A prior section 122 of Pub. L. 89-329, title I, as added Pub. L.

99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1286, limited

funds authorized to be appropriated and was classified to section

1016a of this title, prior to the general amendment of this

subchapter by Pub. L. 102-325.

A prior section 1012, Pub. L. 89-329, title I, Sec. 112, as added

Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1282,

related to establishment of off-campus program grants, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1012, Pub. L. 89-329, title I, Sec. 112, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1377, provided for State allotments including percentage breakdown

and cases of States not conducting comprehensive statewide

planning, prior to the general amendment of this subchapter by Pub.

L. 99-498.

A prior section 1013, Pub. L. 89-329, title I, Sec. 113, as added

Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1284,

related to adult and continuing education staff development, prior

to the general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1013, Pub. L. 89-329, title I, Sec. 113, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1378; amended Pub. L. 97-300, title I, Sec. 183, Oct. 13, 1982, 96

Stat. 1357; Pub. L. 98-524, Sec. 4(c)(1), Oct. 19, 1984, 98 Stat.

2488, related to comprehensive statewide planning with respect to

education outreach programs, prior to the general amendment of this

subchapter by Pub. L. 99-498.

A prior section 1014, Pub. L. 89-329, title I, Sec. 114, as added

Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1285,

related to administration of programs by Secretary, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1014, Pub. L. 89-329, title I, Sec. 114, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1379; amended Pub. L. 97-300, title I, Sec. 183, Oct. 13, 1982, 96

Stat. 1357; Pub. L. 98-524, Sec. 4(c)(2), Oct. 19, 1984, 98 Stat.

2488, related to information services, prior to the general

amendment of this subchapter by Pub. L. 99-498.

-CITE-

20 USC Part C - Cost of Higher Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part C - Cost of Higher Education

-HEAD-

Part C - Cost of Higher Education

-CITE-

20 USC Sec. 1015 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part C - Cost of Higher Education

-HEAD-

Sec. 1015. Improvements in market information and public

accountability in higher education

-STATUTE-

(a) Improved data collection

(1) Development of uniform methodology

The Secretary shall direct the Commissioner of Education

Statistics to convene a series of forums to develop nationally

consistent methodologies for reporting costs incurred by

postsecondary institutions in providing postsecondary education.

(2) Redesign of data systems

On the basis of the methodologies developed pursuant to

paragraph (1), the Secretary shall redesign relevant parts of the

postsecondary education data systems to improve the usefulness

and timeliness of the data collected by such systems.

(3) Information to institutions

The Commissioner of Education Statistics shall -

(A) develop a standard definition for the following data

elements:

(i) tuition and fees for a full-time undergraduate student;

(ii) cost of attendance for a full-time undergraduate

student, consistent with the provisions of section 1087ll of

this title;

(iii) average amount of financial assistance received by an

undergraduate student who attends an institution of higher

education, including -

(I) each type of assistance or benefit described in

section 1078(a)(2)(C)(i) (FOOTNOTE 1) of this title;

(FOOTNOTE 1) See References in Text note below.

(II) fellowships; and

(III) institutional and other assistance; and

(iv) number of students receiving financial assistance

described in each of subclauses (I), (II), and (III) of

clause (iii);

(B) not later than 90 days after October 7, 1998, report the

definitions to each institution of higher education and within

a reasonable period of time thereafter inform the Committee on

Labor and Human Resources of the Senate and the Committee on

Education and the Workforce of the House of Representatives of

those definitions; and

in subparagraph (A) with respect to at least all institutions

of higher education participating in programs under subchapter

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

title 42, beginning with the information from academic year

2000-2001 and annually thereafter.

(b) Data dissemination

The Secretary shall make available the data collected pursuant to

subsection (a) of this section. Such data shall be available in a

form that permits the review and comparison of the data submissions

of individual institutions of higher education. Such data shall be

presented in a form that is easily understandable and allows

parents and students to make informed decisions based on the costs

for typical full-time undergraduate students.

(1) In general

The Commissioner of Education Statistics shall conduct a

national study of expenditures at institutions of higher

education. Such study shall include information with respect to

(A) the change in tuition and fees compared with the consumer

price index and other appropriate measures of inflation;

(B) faculty salaries and benefits;

(D) academic support services;

(E) research;

(F) operations and maintenance; and

(G) institutional expenditures for construction and

technology and the potential cost of replacing instructional

buildings and equipment.

(2) Evaluation

The study shall include an evaluation of -

(A) changes over time in the expenditures identified in

paragraph (1);

(B) the relationship of the expenditures identified in

paragraph (1) to college costs; and

aid and tuition discounting practices affect tuition increases,

including the demographics of students receiving such

discounts, the extent to which financial aid is provided to

students with limited need in order to attract a student to a

particular institution, and the extent to which Federal

financial aid, including loan aid, has been used to offset the

costs of such practices.

(3) Final report

The Commissioner of Education Statistics shall submit a report

regarding the findings of the study required by paragraph (1) to

the appropriate committees of Congress not later than September

30, 2002.

(4) Higher education market basket

The Bureau of Labor Statistics, in consultation with the

Commissioner of Education Statistics, shall develop a higher

education market basket that identifies the items that comprise

the costs of higher education. The Bureau of Labor Statistics

shall provide a report on the market basket to the Committee on

Labor and Human Resources of the Senate and the Committee on

Education and the Workforce of the House of Representatives not

later than September 30, 2002.

(5) Fines

In addition to actions authorized in section 1094(c) of this

title, the Secretary may impose a fine in an amount not to exceed

$25,000 on an institution of higher education for failing to

provide the information described in paragraph (1) in a timely

and accurate manner, or for failing to otherwise cooperate with

the National Center for Education Statistics regarding efforts to

obtain data on the cost of higher education under this section

and pursuant to the program participation agreement entered into

under section 1094 of this title.

(d) Student aid recipient survey

(1) The Secretary shall survey student aid recipients on a

regular cycle, but not less than once every 3 years -

(A) to identify the population of students receiving Federal

student aid;

(B) to determine the income distribution and other

socioeconomic characteristics of federally aided students;

and private sources received by students from all income groups;

(D) to describe the debt burden of loan recipients and their

capacity to repay their education debts; and

(E) to disseminate such information in both published and

machine readable form.

(2) The survey shall be representative of full-time and

part-time, undergraduate, graduate, and professional and current

and former students in all types of institutions, and should be

designed and administered in consultation with the Congress and the

postsecondary education community.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 131, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1602.)

-REFTEXT-

REFERENCES IN TEXT

Section 1078(a)(2)(C) of this title, referred to in subsec.

(a)(3)(A)(iii)(I), was amended generally by Pub. L. 105-244, title

IV, Sec. 417(a)(1)(C), Oct. 7, 1998, 112 Stat. 1682, and, as so

amended, provisions formerly appearing in cl. (i) are now contained

in cl. (ii).

-MISC2-

PRIOR PROVISIONS

A prior section 1015, Pub. L. 89-329, title I, Sec. 131, as added

Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 465,

authorized grants to eligible partnerships for education

telecommunications activities, prior to the general amendment of

this subchapter by Pub. L. 105-244.

Another prior section 1015, Pub. L. 89-329, title I, Sec. 115, as

added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat.

1285, authorized appropriations for former part A of this

subchapter, prior to the general amendment of this subchapter by

Pub. L. 102-325.

Another prior section 1015, Pub. L. 89-329, title I, Sec. 115, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1380, related to continuing education, prior to the general

amendment of this subchapter by Pub. L. 99-498.

Another prior section 1015, Pub. L. 89-329, title I, Sec. 131, as

added Pub. L. 94-482, title I, Sec. 101(g)(3), Oct. 12, 1976, 90

Stat. 2086, set out the Congressional findings with regard to the

lifelong learning program, prior to the general amendment of this

subchapter by Pub. L. 96-374.

A prior section 131 of Pub. L. 89-329, title I, as added Pub. L.

99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1286, related

to National Advisory Council on Continuing Education and was

classified to section 1017 of this title, prior to the general

amendment of this subchapter by Pub. L. 102-325.

A prior section 1015a, Pub. L. 89-329, title I, Sec. 132, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

465, related to grant applications, prior to the general amendment

of this subchapter by Pub. L. 105-244.

Another prior section 1015a, Pub. L. 89-329, title I, Sec. 132,

as added Pub. L. 94-482, title I, Sec. 101(g)(3), Oct. 12, 1976, 90

Stat. 2087, set out scope of lifelong learning program, prior to

the general amendment of this subchapter by Pub. L. 96-374.

A prior section 1015b, Pub. L. 89-329, title I, Sec. 133, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

466, related to activities for which grants could be used, prior to

the general amendment of this subchapter by Pub. L. 105-244.

Another prior section 1015b, Pub. L. 89-329, title I, Sec. 133,

as added Pub. L. 94-482, title I, Sec. 101(g)(3), Oct. 12, 1976, 90

Stat. 2087; amended Pub. L. 95-43, Sec. 1(a)(4), June 15, 1977, 91

Stat. 213, related to implementation of lifelong learning program

by Assistant Secretary, prior to the general amendment of this

subchapter by Pub. L. 96-374.

A prior section 1015c, Pub. L. 89-329, title I, Sec. 134, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

466, defined ''public broadcasting entity'' for purposes of former

part C of this subchapter, prior to the general amendment of this

subchapter by Pub. L. 105-244.

Another prior section 1015c, Pub. L. 89-329, title I, Sec. 134,

as added Pub. L. 94-482, title I, Sec. 101(g)(3), Oct. 12, 1976, 90

Stat. 2089, related to annual reports by Assistant Secretary and

content of these reports, prior to the general amendment of this

subchapter by Pub. L. 96-374.

A prior section 1015d, Pub. L. 89-329, title I, Sec. 135, as

added Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat.

466, required grant recipients to submit reports, prior to the

general amendment of this subchapter by Pub. L. 105-244.

A prior section 1016, Pub. L. 89-329, title I, Sec. 121, as added

Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1285,

related to adult learning research, prior to the general amendment

of this subchapter by Pub. L. 102-325.

Another prior section 1016, Pub. L. 89-329, title I, Sec. 116, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1381, provided for Federal discretionary grants, prior to the

general amendment of this subchapter by Pub. L. 99-498.

A prior section 1016a, Pub. L. 89-329, title I, Sec. 122, as

added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat.

1286, limited funds authorized to be appropriated, prior to the

general amendment of this subchapter by Pub. L. 102-325.

A prior section 1017, Pub. L. 89-329, title I, Sec. 131, as added

Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1286;

Pub. L. 102-54, Sec. 13(g)(1)(A), June 13, 1991, 105 Stat. 275,

related to National Advisory Council on Continuing Education, prior

to the general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1017, Pub. L. 89-329, title I, Sec. 117, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1382; amended Pub. L. 99-386, title I, Sec. 103(a), Aug. 22, 1986,

100 Stat. 821, related to establishment and administration of the

National Advisory Council on Continuing Education, prior to the

general amendment of this subchapter by Pub. L. 99-498.

STUDENT RELATED DEBT STUDY REQUIRED

Pub. L. 105-244, title VIII, Sec. 803, Oct. 7, 1998, 112 Stat.

1805, provided that:

''(a) In General. - The Secretary of Education shall conduct a

study that analyzes the distribution and increase in

student-related debt in terms of -

''(1) demographic characteristics, such as race or ethnicity,

and family income;

''(2) type of institution and whether the institution is a

public or private institution;

''(3) loan source, such as Federal, State, institutional or

other, and, if the loan source is Federal, whether the loan is or

is not subsidized;

''(4) academic field of study;

''(5) parent loans, and whether the parent loans are federally

guaranteed, private, or property-secured such as home equity

loans; and

''(6) relation of student debt or anticipated debt to -

''(A) students' decisions about whether and where to enroll

in college and whether or how much to borrow in order to attend

college;

''(B) the length of time it takes students to earn

baccalaureate degrees;

''(C) students' decisions about whether and where to attend

graduate school;

''(D) graduates' employment decisions;

''(E) graduates' burden of repayment as reflected by the

graduates' ability to save for retirement or invest in a home;

and

''(F) students' future earnings.

''(b) Report. - After conclusion of the study required by

subsection (a), the Secretary of Education shall submit a final

report regarding the findings of the study to the Committee on

Labor and Human Resources of the Senate and the Committee on

Education and the Workforce of the House of Representatives not

later than 18 months after the date of enactment of the Higher

Education Amendments of 1998 (Oct. 7, 1998).

''(c) Information. - After the study and report under this

section are concluded, the Secretary of Education shall determine

which information described in subsection (a) would be useful for

families to know and shall include such information as part of the

comparative information provided to families about the costs of

higher education under the provisions of part C of title I

(probably means part C of title I of Pub. L. 89-329, which is

classified generally to this part).''

-CITE-

20 USC Part D - Administrative Provisions for Delivery of

Student Financial Assistance 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part D - Administrative Provisions for Delivery of Student

Financial Assistance

-HEAD-

Part D - Administrative Provisions for Delivery of Student

Financial Assistance

-CITE-

20 USC Sec. 1018 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part D - Administrative Provisions for Delivery of Student

Financial Assistance

-HEAD-

Sec. 1018. Performance-Based Organization for delivery of Federal

student financial assistance

-STATUTE-

(a) Establishment and purpose

(1) Establishment

There is established in the Department a Performance-Based

Organization (hereafter referred to as the ''PBO'') which shall

be a discrete management unit responsible for managing the

operational functions supporting the programs authorized under

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

chapter 34 of title 42, as specified in subsection (b) of this

section.

(2) Purposes

The purposes of the PBO are -

(A) to improve service to students and other participants in

the student financial assistance programs authorized under

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

chapter 34 of title 42, including making those programs more

understandable to students and their parents;

(B) to reduce the costs of administering those programs;

responsible for administering the operational aspects of these

programs;

(D) to provide greater flexibility in the management of the

operational functions of the Federal student financial

assistance programs;

(E) to integrate the information systems supporting the

Federal student financial assistance programs;

(F) to implement an open, common, integrated system for the

delivery of student financial assistance under subchapter IV of

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

42; and

(G) to develop and maintain a student financial assistance

system that contains complete, accurate, and timely data to

ensure program integrity.

(b) General authority

(1) Authority of Secretary

Notwithstanding any other provision of this part, the Secretary

shall maintain responsibility for the development and

promulgation of policy and regulations relating to the programs

of student financial assistance under subchapter IV of this

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

the exercise of its functions, the PBO shall be subject to the

direction of the Secretary. The Secretary shall -

(A) request the advice of, and work in cooperation with, the

Chief Operating Officer in developing regulations, policies,

administrative guidance, or procedures affecting the

information systems administered by the PBO, and other

functions performed by the PBO;

(B) request cost estimates from the Chief Operating Officer

for system changes required by specific policies proposed by

the Secretary; and

for the administration and modernization of the delivery system

for student financial assistance under subchapter IV of this

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

(2) PBO functions

Subject to paragraph (1), the PBO shall be responsible for

administration of the information and financial systems that

support student financial assistance programs authorized under

this subchapter, excluding the development of policy relating to

such programs but including the following:

(A) The administrative, accounting, and financial management

functions of the delivery system for Federal student

assistance, including -

(i) the collection, processing and transmission of

applicant data to students, institutions and authorized third

parties, as provided for in section 1090 of this title;

(ii) design and technical specifications for software

development and systems supporting the delivery of student

financial assistance under subchapter IV of this chapter and

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

(iii) all software and hardware acquisitions and all

information technology contracts related to the delivery and

management of student financial assistance under subchapter

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

of title 42;

(iv) all aspects of contracting for the information and

financial systems supporting student financial assistance

programs under this subchapter; and

(v) providing all customer service, training, and user

support related to systems that support those programs.

(B) Annual development of a budget for the operations and

services of the PBO, in consultation with the Secretary, and

for consideration and inclusion in the Department's annual

budget submission.

(3) Additional functions

The Secretary may allocate to the PBO such additional functions

as the Secretary and the Chief Operating Officer determine are

necessary or appropriate to achieve the purposes of the PBO.

(4) Independence

Subject to paragraph (1), in carrying out its functions, the

PBO shall exercise independent control of its budget allocations

and expenditures, personnel decisions and processes,

procurements, and other administrative and management functions.

(5) Audits and review

The PBO shall be subject to the usual and customary Federal

audit procedures and to review by the Inspector General of the

Department.

(6) Changes

(A) In general

The Secretary and the Chief Operating Officer shall consult

concerning the effects of policy, market, or other changes on

the ability of the PBO to achieve the goals and objectives

established in the performance plan described in subsection (c)

of this section.

(B) Revisions to agreement

The Secretary and the Chief Operating Officer may revise the

annual performance agreement described in subsection (d)(4) of

this section in light of policy, market, or other changes that

occur after the Secretary and the Chief Operating Officer enter

into the agreement.

(1) Performance plan

(A) In general

Each year, the Secretary and Chief Operating Officer shall

agree on, and make available to the public, a performance plan

for the PBO for the succeeding 5 years that establishes

measurable goals and objectives for the organization.

(B) Consultation

In developing the 5-year performance plan and any revision to

the plan, the Secretary and the Chief Operating Officer shall

consult with students, institutions of higher education,

Congress, lenders, the Advisory Committee on Student Financial

Assistance, and other interested parties not less than 30 days

prior to the implementation of the performance plan or

revision.

The plan shall include a concise statement of the goals for a

modernized system for the delivery of student financial

assistance under subchapter IV of this chapter and part C of

subchapter I of chapter 34 of title 42 and identify action

steps necessary to achieve such goals. The plan shall address

the PBO's responsibilities in the following areas:

(i) Improving service

Improving service to students and other participants in

student financial aid programs authorized under this

subchapter, including making those programs more

understandable to students and their parents.

(ii) Reducing costs

Reducing the costs of administering those programs.

(iii) Improvement and integration of support systems

Improving and integrating the information and delivery

systems that support those programs.

(iv) Delivery and information system

Developing an open, common, and integrated delivery and

information system for programs authorized under this

subchapter.

(v) Other areas

Any other areas identified by the Secretary.

(2) Annual report

Each year, the Chief Operating Officer shall prepare and submit

to Congress, through the Secretary, an annual report on the

performance of the PBO, including an evaluation of the extent to

which the PBO met the goals and objectives contained in the

5-year performance plan described in paragraph (1) for the

preceding year. The annual report shall include the following:

(A) An independent financial audit of the expenditures of

both the PBO and programs administered by the PBO.

(B) Financial and performance requirements applicable to the

PBO under the Chief Financial Officer Act of 1990 and the

Government Performance and Results Act of 1993.

to the goals established in the organization's performance

plan.

(D) The evaluation rating of the performance of the Chief

Operating Officer and senior managers under subsections (d)(4)

and (e)(2) of this section, including the amounts of bonus

compensation awarded to these individuals.

(E) Recommendations for legislative and regulatory changes to

improve service to students and their families, and to improve

program efficiency and integrity.

(F) Other such information as the Director of the Office of

Management and Budget shall prescribe for performance based

organizations.

(3) Consultation with stakeholders

The Chief Operating Officer, in preparing the report described

in paragraph (2), shall establish appropriate means to consult

with borrowers, institutions, lenders, guaranty agencies,

secondary markets, and others involved in the delivery system of

student aid under this subchapter -

(A) regarding the degree of satisfaction with the delivery

system; and

(B) to seek suggestions on means to improve the delivery

system.

(d) Chief Operating Officer

(1) Appointment

The management of the PBO shall be vested in a Chief Operating

Officer who shall be appointed by the Secretary to a term of not

less than 3 and not more than 5 years, and compensated without

regard to chapters 33, 51, and 53 of title 5. The Secretary shall

appoint the Chief Operating Officer within 6 months after October

7, 1998. The appointment shall be made on the basis of

demonstrated management ability and expertise in information

technology, including experience with financial systems, and

without regard to political affiliation or activity.

(2) Reappointment

The Secretary may reappoint the Chief Operating Officer to

subsequent terms of not less than 3 and not more than 5 years, so

long as the performance of the Chief Operating Officer, as set

forth in the performance agreement described in paragraph (4), is

satisfactory.

(3) Removal

The Chief Operating Officer may be removed by -

(A) the President; or

(B) the Secretary, for misconduct or failure to meet

performance goals set forth in the performance agreement in

paragraph (4).

The President or Secretary shall communicate the reasons for any

such removal to the appropriate committees of Congress.

(4) Performance agreement

(A) In general

Each year, the Secretary and the Chief Operating Officer

shall enter into an annual performance agreement, that shall

set forth measurable organization and individual goals for the

Chief Operating Officer.

(B) Transmittal

The final agreement, and any revision to the final agreement,

shall be transmitted to the Committee on Education and the

Workforce of the House of Representatives and the Committee on

Labor and Human Resources of the Senate, and made publicly

available.

(5) Compensation

(A) In general

The Chief Operating Officer is authorized to be paid at an

annual rate of basic pay not to exceed the maximum rate of

basic pay for the Senior Executive Service under section 5382

of title 5, including any applicable locality-based

comparability payment that may be authorized under section

5304(h)(2)(B) of such title. The compensation of the Chief

Operating Officer shall be considered for purposes of section

207(c)(2)(A) of title 18 to be the equivalent of that described

under clause (ii) of section 207(c)(2)(A) of such title.

(B) Bonus

In addition, the Chief Operating Officer may receive a bonus

in an amount that does not exceed 50 percent of such annual

rate of basic pay, based upon the Secretary's evaluation of the

Chief Operating Officer's performance in relation to the goals

set forth in the performance agreement described in paragraph

(2). (FOOTNOTE 1)

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

''(4).''

Payment of a bonus under this (FOOTNOTE 2) subparagraph (B)

may be made to the Chief Operating Officer only to the extent

that such payment does not cause the Chief Operating Officer's

total aggregate compensation in a calendar year to equal or

exceed the amount of the President's salary under section 102

of title 3.

(FOOTNOTE 2) So in original. The word ''this'' probably should

not appear.

(e) Senior management

(1) Appointment

(A) In general

The Chief Operating Officer may appoint such senior managers

as that officer determines necessary without regard to the

provisions of title 5 governing appointments in the competitive

service.

(B) Compensation

The senior managers described in subparagraph (A) 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.

(2) Performance agreement

Each year, the Chief Operating Officer and each senior manager

appointed under this subsection shall enter into an annual

performance agreement that sets forth measurable organization and

individual goals. The agreement shall be subject to review and

renegotiation at the end of each term.

(3) Compensation

(A) In general

A senior manager appointed under this subsection may be paid

at an annual rate of basic pay of not more than the maximum

rate of basic pay for the Senior Executive Service under

section 5382 of title 5, including any applicable

locality-based comparability payment that may be authorized

under section 5304(h)(2)(C) of such title. The compensation of

a senior manager shall be considered for purposes of section

207(c)(2)(A) of title 18 to be the equivalent of that described

under clause (ii) of section 207(c)(2)(A) of such title.

(B) Bonus

In addition, a senior manager may receive a bonus in an

amount such that the manager's total annual compensation does

not exceed 125 percent of the maximum rate of basic pay for the

Senior Executive Service, including any applicable

locality-based comparability payment, based upon the Chief

Operating Officer's evaluation of the manager's performance in

relation to the goals set forth in the performance agreement

described in paragraph (2).

(4) Removal

A senior manager shall be removable by the Chief Operating

Officer, or by the Secretary if the position of Chief Operating

Officer is vacant.

(f) Student Loan Ombudsman

(1) Appointment

The Chief Operating Officer, in consultation with the

Secretary, shall appoint a Student Loan Ombudsman to provide

timely assistance to borrowers of loans made, insured, or

guaranteed under subchapter IV of this chapter and part C of

subchapter I of chapter 34 of title 42 by performing the

functions described in paragraph (3).

(2) Public information

The Chief Operating Officer shall disseminate information about

the availability and functions of the Ombudsman to borrowers and

potential borrowers, as well as institutions of higher education,

lenders, guaranty agencies, loan servicers, and other

participants in those student loan programs.

(3) Functions of Ombudsman

The Ombudsman shall -

(A) in accordance with regulations of the Secretary, receive,

review, and attempt to resolve informally complaints from

borrowers of loans described in paragraph (1), including, as

appropriate, attempts to resolve such complaints within the

Department of Education and with institutions of higher

education, lenders, guaranty agencies, loan servicers, and

other participants in the loan programs described in paragraph

(1)(A); (FOOTNOTE 3) and

(FOOTNOTE 3) So in original. Par. (1) does not contain a

subpar. (A).

(B) compile and analyze data on borrower complaints and make

appropriate recommendations.

(4) Report

Each year, the Ombudsman shall submit a report to the Chief

Operating Officer, for inclusion in the annual report under

subsection (c)(2) of this section, that describes the activities,

and evaluates the effectiveness of the Ombudsman during the

preceding year.

(g) Personnel flexibility

(1) Personnel ceilings

The PBO shall not be subject to any ceiling relating to the

number or grade of employees.

(2) Administrative flexibility

The Chief Operating Officer shall work with the Office of

Personnel Management to develop and implement personnel

flexibilities in staffing, classification, and pay that meet the

needs of the PBO, subject to compliance with title 5.

(3) Excepted service

The Chief Operating Officer may appoint, without regard to the

provisions of title 5 governing appointments in the competitive

service, not more than 25 technical and professional employees to

administer the functions of the PBO. These employees 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.

(h) Establishment of fair and equitable system for measuring staff

performance

The PBO shall establish an annual performance management system,

subject to compliance with title 5, and consistent with applicable

provisions of law and regulations, which strengthens the

organizational effectiveness of the PBO by providing for

establishing goals or objectives for individual, group, or

organizational performance (or any combination thereof), consistent

with the performance plan of the PBO and its performance planning

procedures, including those established under the Government

Performance and Results Act of 1993, and communicating such goals

or objectives to employees.

(i) Report

The Secretary and the Chief Operating Officer, not later than 180

days after October 7, 1998, shall report to Congress on the

proposed budget and sources of funding for the operation of the

PBO.

(j) Authorization of appropriations

The Secretary shall allocate from funds made available under

section 1087h of this title such funds as are appropriate to the

functions assumed by the PBO. In addition, there are authorized to

be appropriated such sums as may be necessary to carry out the

purposes of this part, including transition costs.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 141, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1604.)

-REFTEXT-

REFERENCES IN TEXT

The Chief Financial Officer Act of 1990, referred to in subsec.

(c)(2)(B), probably means the Chief Financial Officers Act of 1990,

Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For complete

classification of this Act to the Code, see Short Title of 1990

Amendment note set out under section 501 of Title 31, Money and

Finance, and Tables.

The Government Performance and Results Act of 1993, referred to

in subsecs. (c)(2)(B) and (h), is Pub. L. 103-62, Aug. 3, 1993, 107

Stat. 285, which enacted section 306 of Title 5, Government

Organization and Employees, sections 1115 to 1119, 9703, and 9704

of Title 31, Money and Finance, and sections 2801 to 2805 of Title

39, Postal Service, amended section 1105 of Title 31, and enacted

provisions set out as notes under sections 1101 and 1115 of Title

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

Title of 1993 Amendment note set out under section 1101 of Title 31

and Tables.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsecs. (e)(1)(A) and (g)(3),

are classified generally to section 3301 et seq. of Title 5,

Government Organization and Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 1018, Pub. L. 89-329, title I, Sec. 141, as added

Pub. L. 100-418, title VI, Sec. 6201, Aug. 23, 1988, 102 Stat.

1514, set out purpose of former part D of this subchapter as being

the development of student literacy corps programs, prior to the

general amendment of this subchapter by Pub. L. 102-325.

Another prior section 1018, Pub. L. 89-329, title I, Sec. 118, as

added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat.

1382, defined terms used in former part D of this subchapter, prior

to the general amendment of this subchapter by Pub. L. 99-498.

STUDY OF MARKET MECHANISMS IN FEDERAL STUDENT LOAN PROGRAMS

Pub. L. 105-244, title VIII, Sec. 801, Oct. 7, 1998, 112 Stat.

1803, provided that:

''(a) Study Required. - The Comptroller General and the Secretary

of Education shall convene a study group including the Secretary of

the Treasury, the Director of the Office of Management and Budget,

the Director of the Congressional Budget Office, representatives of

entities making loans under part B of title IV of the Higher

Education Act of 1965 (20 U.S.C. 1071 et seq.), representatives of

other entities in the financial services community, representatives

of other participants in the student loan programs, and such other

individuals as the Comptroller General and the Secretary may

designate. The Comptroller General and Secretary, in consultation

with the study group, shall design and conduct a study to identify

and evaluate means of establishing a market mechanism for the

delivery of loans made pursuant to such title IV (20 U.S.C. 1070 et

seq.; 42 U.S.C. 2751 et seq.).

''(b) Design of Study. - The study required under this section

shall identify not fewer than 3 different market mechanisms for use

in determining lender return on student loans while continuing to

meet the other objectives of the programs under parts B and D of

such title IV (20 U.S.C. 1071 et seq., 1087aa et seq.), including

the provision of loans to all eligible students. Consideration may

be given to the use of auctions and to the feasibility of

incorporating income-contingent repayment options into the student

loan system and requiring borrowers to repay through income tax

withholding.

''(c) Evaluation of Market Mechanisms. - The mechanisms

identified under subsection (b) shall be evaluated in terms of the

following areas:

''(1) The cost or savings of loans to or for borrowers,

including parent borrowers.

''(2) The cost or savings of the mechanism to the Federal

Government.

''(3) The cost, effect, and distribution of Federal subsidies

to or for participants in the program.

''(4) The ability of the mechanism to accommodate the potential

distribution of subsidies to students through an

income-contingent repayment option.

''(5) The effect on the simplicity of the program, including

the effect of the plan on the regulatory burden on students,

institutions, lenders, and other program participants.

''(6) The effect on investment in human capital and resources,

loan servicing capability, and the quality of service to the

borrower.

''(7) The effect on the diversity of lenders, including

community-based lenders, originating and secondary market

lenders.

''(8) The effect on program integrity.

''(9) The degree to which the mechanism will provide market

incentives to encourage continuous improvement in the delivery

and servicing of loans.

''(10) The availability of loans to students by region, income

level, and by categories of institutions.

''(11) The proposed Federal and State role in the operation of

the mechanism.

''(12) A description of how the mechanism will be administered

and operated.

''(13) Transition procedures, including the effect on loan

availability during a transition period.

''(14) Any other areas the study group may include.

''(d) Preliminary Findings and Publication of Study. - Not later

than November 15, 2000, the study group shall make the group's

preliminary findings, including any additional or dissenting views,

available to the public with a 60-day request for public comment.

The study group shall review these comments and the Comptroller

General and the Secretary shall transmit a final report, including

any additional or dissenting views, to the Committee on Education

and the Workforce of the House of Representatives, the Committee on

Labor and Human Resources of the Senate, and the Committees on the

Budget of the House of Representatives and the Senate not later

than May 15, 2001.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1018a of this title.

-CITE-

20 USC Sec. 1018a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part D - Administrative Provisions for Delivery of Student

Financial Assistance

-HEAD-

Sec. 1018a. Procurement flexibility

-STATUTE-

(a) Procurement authority

Subject to the authority of the Secretary, the Chief Operating

Officer of a PBO may exercise the authority of the Secretary to

procure property and services in the performance of functions

managed by the PBO. For the purposes of this section, the term

''PBO'' includes the Chief Operating Officer of the PBO and any

employee of the PBO exercising procurement authority under the

preceding sentence.

(b) In general

Except as provided in this section, the PBO shall abide by all

applicable Federal procurement laws and regulations when procuring

property and services. The PBO shall -

(1) enter into contracts for information systems supporting the

programs authorized under subchapter IV of this chapter and part

C of subchapter I of chapter 34 of title 42 to carry out the

functions set forth in section 1018(b)(2) of this title; and

(2) obtain the services of experts and consultants without

regard to section 3109 of title 5 and set pay in accordance with

such section.

(1) Performance-based servicing contracts

The Chief Operating Officer shall, to the extent practicable,

maximize the use of performance-based servicing contracts,

consistent with guidelines for such contracts published by the

Office of Federal Procurement Policy, to achieve cost savings and

improve service.

(2) Fee for service arrangements

The Chief Operating Officer shall, when appropriate and

consistent with the purposes of the PBO, acquire services related

to the subchapter IV of this chapter and part C of subchapter I

of chapter 34 of title 42 delivery system from any entity that

has the capability and capacity to meet the requirements for the

system. The Chief Operating Officer is authorized to pay fees

that are equivalent to those paid by other entities to an

organization that provides an information system or service that

meets the requirements of the PBO, as determined by the Chief

Operating Officer.

(d) Two-phase source-selection procedures

(1) In general

The PBO may use a two-phase process for selecting a source for

a procurement of property or services.

(2) First phase

The procedures for the first phase of the process for a

procurement are as follows:

(A) Publication of notice

The contracting officer for the procurement shall publish a

notice of the procurement in accordance with section 416 of

title 41 and subsections (e), (f), and (g) of section 637 of

title 15, except that the notice shall include only the

following:

(i) A general description of the scope or purpose of the

procurement that provides sufficient information on the scope

or purpose for sources to make informed business decisions

regarding whether to participate in the procurement.

(ii) A description of the basis on which potential sources

are to be selected to submit offers in the second phase.

(iii) A description of the information that is to be

required under subparagraph (B).

(iv) Any additional information that the contracting

officer determines appropriate.

(B) Information submitted by offerors

Each offeror for the procurement shall submit basic

information, such as information on the offeror's

qualifications, the proposed conceptual approach, costs likely

to be associated with the proposed conceptual approach, and

past performance of the offeror on Federal Government

contracts, together with any additional information that is

requested by the contracting officer.

The contracting officer shall select the offerors that are to

be eligible to participate in the second phase of the process.

The contracting officer shall limit the number of the selected

offerors to the number of sources that the contracting officer

determines is appropriate and in the best interests of the

Federal Government.

(3) Second phase

(A) In general

The contracting officer shall conduct the second phase of the

source selection process in accordance with sections 253a and

253b of title 41.

(B) Eligible participants

Only the sources selected in the first phase of the process

shall be eligible to participate in the second phase.

The second phase may include a single procurement or multiple

procurements within the scope, or for the purpose, described in

the notice pursuant to paragraph (2)(A).

(4) Procedures considered competitive

The procedures used for selecting a source for a procurement

under this subsection shall be considered competitive procedures

for all purposes.

(e) Use of simplified procedures for commercial items

Whenever the PBO anticipates that commercial items will be

offered for a procurement, the PBO may use (consistent with the

special rules for commercial items) the special simplified

procedures for the procurement without regard to -

(1) any dollar limitation otherwise applicable to the use of

those procedures; and

(2) the expiration of the authority to use special simplified

procedures under section 4202(e) of the Clinger-Cohen Act of 1996

(110 Stat. 654; 10 U.S.C. 2304 note).

(f) Flexible wait periods and deadlines for submission of offers of

noncommercial items

(1) Authority

In carrying out a procurement, the PBO may -

(A) apply a shorter waiting period for the issuance of a

solicitation after the publication of a notice under section

416 of title 41 than is required under subsection (a)(3)(A) of

such section; and

(B) notwithstanding subsection (a)(3) of such section,

establish any deadline for the submission of bids or proposals

that affords potential offerors a reasonable opportunity to

respond to the solicitation.

(2) Inapplicability to commercial items

Paragraph (1) does not apply to a procurement of a commercial

item.

(3) Consistency with applicable international agreements

If an international agreement is applicable to the procurement,

any exercise of authority under paragraph (1) shall be consistent

with the international agreement.

(g) Modular contracting

(1) In general

The PBO may satisfy the requirements of the PBO for a system

incrementally by carrying out successive procurements of modules

of the system. In doing so, the PBO may use procedures

authorized under this subsection to procure any such module after

the first module.

(2) Utility requirement

A module may not be procured for a system under this subsection

unless the module is useful independently of the other modules or

useful in combination with another module previously procured for

the system.

(3) Conditions for use of authority

The PBO may use procedures authorized under paragraph (4) for

the procurement of an additional module for a system if -

(A) competitive procedures were used for awarding the

contract for the procurement of the first module for the

system; and

(B) the solicitation for the first module included -

(i) a general description of the entire system that was

sufficient to provide potential offerors with reasonable

notice of the general scope of future modules;

(ii) other information sufficient for potential offerors to

make informed business judgments regarding whether to submit

offers for the contract for the first module; and

(iii) a statement that procedures authorized under this

subsection could be used for awarding subsequent contracts

for the procurement of additional modules for the system.

(4) Procedures

If the procurement of the first module for a system meets the

requirements set forth in paragraph (3), the PBO may award a

contract for the procurement of an additional module for the

system using any of the following procedures:

(A) Sole source

Award of the contract on a sole-source basis to a contractor

who was awarded a contract for a module previously procured for

the system under competitive procedures or procedures

authorized under subparagraph (B).

(B) Adequate competition

Award of the contract on the basis of offers made by -

(i) a contractor who was awarded a contract for a module

previously procured for the system after having been selected

for award of the contract under this subparagraph or other

competitive procedures; and

(ii) at least one other offeror that submitted an offer for

a module previously procured for the system and is expected,

on the basis of the offer for the previously procured module,

to submit a competitive offer for the additional module.

Award of the contract under any other procedure authorized by

law.

(5) Notice requirement

(A) Publication

Not less than 30 days before issuing a solicitation for

offers for a contract for a module for a system under

procedures authorized under subparagraph (A) or (B) of

paragraph (4), the PBO shall publish in the Commerce Business

Daily a notice of the intent to use such procedures to enter

into the contract.

(B) Exception

Publication of a notice is not required under this paragraph

with respect to a use of procedures authorized under paragraph

(4) if the contractor referred to in that subparagraph (who is

to be solicited to submit an offer) has previously provided a

module for the system under a contract that contained cost,

schedule, and performance goals and the contractor met those

goals.

A notice published under subparagraph (A) with respect to a

use of procedures described in paragraph (4) shall contain the

information required under section 416(b) of title 41, other

than paragraph (4) of such section, and shall invite the

submission of any assertion that the use of the procedures for

the procurement involved is not in the best interest of the

Federal Government together with information supporting the

assertion.

(6) Documentation

The basis for an award of a contract under this subsection

shall be documented. However, a justification pursuant to

section 253(f) of title 41 or section 637(h) of title 15 is not

required.

(7) Simplified source-selection procedures

The PBO may award a contract under any other simplified

procedures prescribed by the PBO for the selection of sources for

the procurement of modules for a system, after the first module,

that are not to be procured under a contract awarded on a

sole-source basis.

(h) Use of simplified procedures for small business set-asides for

services other than commercial items

(1) Authority

The PBO may use special simplified procedures for a procurement

of services that are not commercial items if -

(A) the procurement is in an amount not greater than

$1,000,000;

(B) the procurement is conducted as a small business

set-aside pursuant to section 644(a) of title 15; and

services procured are items of supply expected to be less than

20 percent of the total contract price.

(2) Inapplicability to certain procurements

The authority set forth in paragraph (1) may not be used for -

(A) an award of a contract on a sole-source basis; or

(B) a contract for construction.

(i) Guidance for use of authority

(1) Issuance by PBO

The Chief Operating Officer of the PBO, in consultation with

the Administrator for Federal Procurement Policy, shall issue

guidance for the use by PBO personnel of the authority provided

in this section.

(2) Guidance from OFPP

As part of the consultation required under paragraph (1), the

Administrator for Federal Procurement Policy shall provide the

PBO with guidance that is designed to ensure, to the maximum

extent practicable, that the authority under this section is

exercised by the PBO in a manner that is consistent with the

exercise of the authority by the heads of the other

performance-based organizations.

(3) Compliance with OFPP guidance

The head of the PBO shall ensure that the procurements of the

PBO under this section are carried out in a manner that is

consistent with the guidance provided for the PBO under paragraph

(2).

(j) Limitation on multiagency contracting

No department or agency of the Federal Government may purchase

property or services under contracts entered into or administered

by a PBO under this section unless the purchase is approved in

advance by the senior procurement official of that department or

agency who is responsible for purchasing by the department or

agency.

(k) Laws not affected

Nothing in this section shall be construed to waive laws for the

enforcement of civil rights or for the establishment and

enforcement of labor standards that are applicable to contracts of

the Federal Government.

(l) Definitions

In this section:

(1) Commercial item

The term ''commercial item'' has the meaning given the term in

section 403(12) of title 41.

(2) Competitive procedures

The term ''competitive procedures'' has the meaning given the

term in section 259(b) of title 41.

(3) Sole-source basis

The term ''sole-source basis'', with respect to an award of a

contract, means that the contract is awarded to a source after

soliciting an offer or offers from, and negotiating with, only

that source.

(4) Special rules for commercial items

The term ''special rules for commercial items'' means the

regulations set forth in the Federal Acquisition Regulation

pursuant to section 253(g)(1) of title 41 and section 427 of

title 41.

(5) Special simplified procedures

The term ''special simplified procedures'' means the procedures

applicable to purchases of property and services for amounts not

greater than the simplified acquisition threshold that are set

forth in the Federal Acquisition Regulation pursuant to section

253(g)(1)(B) of title 41 and section 427(a)(1) of title 41.

-SOURCE-

(Pub. L. 89-329, title I, Sec. 142, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1611.)

-REFTEXT-

REFERENCES IN TEXT

Section 4202(e) of the Clinger-Cohen Act of 1996, referred to in

subsec. (e)(2), is section 4202(e) of Pub. L. 104-106, which is set

out as a note under section 2304 of Title 10, Armed Forces.

-MISC2-

PRIOR PROVISIONS

A prior section 1018a, Pub. L. 89-329, title I, Sec. 142, as

added Pub. L. 100-418, title VI, Sec. 6201, Aug. 23, 1988, 102

Stat. 1515, related to grants for literacy corps programs, prior to

the general amendment of this subchapter by Pub. L. 102-325.

-CITE-

20 USC Sec. 1018b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I - GENERAL PROVISIONS

Part D - Administrative Provisions for Delivery of Student

Financial Assistance

-HEAD-

Sec. 1018b. Administrative simplification of student aid delivery

-STATUTE-

(a) In general

In order to improve the efficiency and effectiveness of the

student aid delivery system, the Secretary and the Chief Operating

Officer shall encourage and participate in the establishment of

voluntary consensus standards and requirements for the electronic

transmission of information necessary for the administration of

programs under subchapter IV of this chapter and part C of

subchapter I of chapter 34 of title 42.

(b) Participation in standard setting organizations

(1) The Chief Operating Officer shall participate in the

activities of standard setting organizations in carrying out the

provisions of this section.

(2) The Chief Operating Officer shall encourage higher education

groups seeking to develop common forms, standards, and procedures

in support of the delivery of Federal student financial assistance

to conduct these activities within a standard setting organization.

(3) The Chief Operating Officer may pay necessary dues and fees

associated with participating in standard setting organizations

pursuant to this subsection.

Except with respect to the common financial reporting form under

section 1090(a) of this title, the Secretary shall consider

adopting voluntary consensus standards agreed to by the

organization described in subsection (b) of this section for

transactions required under subchapter IV of this chapter and part

C of subchapter I of chapter 34 of title 42, and common data

elements for such transactions, to enable information to be

exchanged electronically between systems administered by the

Department and among participants in the Federal student aid

delivery system.

(d) Use of clearinghouses

Nothing in this section shall restrict the ability of

participating institutions and lenders from using a clearinghouse

or servicer to comply with the standards for the exchange of

information established under this section.

(e) Data security

Any entity that maintains or transmits information under a

transaction covered by this section shall maintain reasonable and

appropriate administrative, technical, and physical safeguards -

(1) to ensure the integrity and confidentiality of the

information; and

(2) to protect against any reasonably anticipated security

threats, or unauthorized uses or disclosures of the information.

(f) Definitions

(1) Clearinghouse

The term ''clearinghouse'' means a public or private entity

that processes or facilitates the processing of nonstandard data

elements into data elements conforming to standards adopted under

this section.

(2) Standard setting organization

The term ''standard setting organization'' means an

organization that -

(A) is accredited by the American National Standards

Institute;

(B) develops standards for information transactions, data

elements, or any other standard that is necessary to, or will

facilitate, the implementation of this section; and

engaged in the delivery of Federal student financial

assistance.

(3) Voluntary consensus standard

The term ''voluntary consensus standard'' means a standard

developed or used by a standard setting organization described in

paragraph (2).

-SOURCE-

(Pub. L. 89-329, title I, Sec. 143, as added Pub. L. 105-244, title

I, Sec. 101(a), Oct. 7, 1998, 112 Stat. 1615.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1018b to 1018f were omitted in the general

amendment of this subchapter by Pub. L. 102-325.

Section 1018b, Pub. L. 89-329, title I, Sec. 143, as added Pub.

L. 100-418, title VI, Sec. 6201, Aug. 23, 1988, 102 Stat. 1515,

related to use of funds.

Section 1018c, Pub. L. 89-329, title I, Sec. 144, as added Pub.

L. 100-418, title VI, Sec. 6201, Aug. 23, 1988, 102 Stat. 1515;

Pub. L. 101-610, title II, Sec. 221(a), (b), Nov. 16, 1990, 104

Stat. 3180, related to applications.

Section 1018d, Pub. L. 89-329, title I, Sec. 145, as added Pub.

L. 100-418, title VI, Sec. 6201, Aug. 23, 1988, 102 Stat. 1516,

related to technical assistance and coordination contracts.

Section 1018e, Pub. L. 89-329, title I, Sec. 146, as added Pub.

L. 100-418, title VI, Sec. 6201, Aug. 23, 1988, 102 Stat. 1516;

Pub. L. 101-305, Sec. 5, May 30, 1990, 104 Stat. 258; Pub. L.

101-610, title II, Sec. 221(c), Nov. 16, 1990, 104 Stat. 3180,

related to authorization of appropriations.

Section 1018f, Pub. L. 89-329, title I, Sec. 147, as added Pub.

L. 100-418, title VI, Sec. 6201, Aug. 23, 1988, 102 Stat. 1516,

defined ''public community agency'', ''institution of higher

education'' and ''Secretary''.

A prior section 1019, Pub. L. 89-329, title I, Sec. 119, as added

Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1383,

authorized appropriations for education outreach programs, prior to

the general amendment of this subchapter by Pub. L. 99-498.

-CITE-

20 USC SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

-HEAD-

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

-COD-

CODIFICATION

Pub. L. 107-110, title X, Sec. 1051(1), Jan. 8, 2002, 115 Stat.

2080, added heading and struck out former heading which read as

follows: ''TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND

PARTNERSHIPS''.

-MISC3-

PRIOR PROVISIONS

A prior title II of the Higher Education Act of 1965, comprising

this subchapter, was originally enacted by Pub. L. 89-329, title

II, Nov. 8, 1965, 79 Stat. 1224, and amended by Pub. L. 89-752,

Nov. 3, 1966, 80 Stat. 1240; 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. 94-482, Oct. 12, 1976,

90 Stat. 2081; Pub. L. 96-49; Aug. 13, 1979, 93 Stat. 351. Title II

was extensively revised by Pub. L. 96-374, title II, Sec. 201, Oct.

3, 1980, 94 Stat. 1383, and was set out in this subchapter as

having been added by Pub. L. 96-374, and amended, prior to repeal

by Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII, Sec.

708(b)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2344, 6316, 6613, 6913

of this title.

-CITE-

20 USC Part A - Teacher Quality Enhancement Grants for

States and Partnerships 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-COD-

CODIFICATION

Pub. L. 107-110, title X, Sec. 1051(1), Jan. 8, 2002, 115 Stat.

2080, added heading.

-CITE-

20 USC Sec. 1021 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1021. Purposes; definitions

-STATUTE-

(a) Purposes

The purposes of this part are to -

(1) improve student achievement;

(2) improve the quality of the current and future teaching

force by improving the preparation of prospective teachers and

enhancing professional development activities;

(3) hold institutions of higher education accountable for

preparing teachers who have the necessary teaching skills and are

highly competent in the academic content areas in which the

teachers plan to teach, such as mathematics, science, English,

foreign languages, history, economics, art, civics, Government,

and geography, including training in the effective uses of

technology in the classroom; and

(4) recruit highly qualified individuals, including individuals

from other occupations, into the teaching force.

(b) Definitions

In this part:

(1) Arts and sciences

The term ''arts and sciences'' means -

(A) when referring to an organizational unit of an

institution of higher education, any academic unit that offers

1 or more academic majors in disciplines or content areas

corresponding to the academic subject matter areas in which

teachers provide instruction; and

(B) when referring to a specific academic subject matter

area, the disciplines or content areas in which academic majors

are offered by the arts and science organizational unit.

(2) High need local educational agency

The term ''high need local educational agency'' means a local

educational agency that serves an elementary school or secondary

school located in an area in which there is -

(A) a high percentage of individuals from families with

incomes below the poverty line;

(B) a high percentage of secondary school teachers not

teaching in the content area in which the teachers were trained

to teach; or

(3) Poverty line

The term ''poverty line'' means the poverty line (as defined by

the Office of Management and Budget, and revised annually in

accordance with section 9902(2) of title 42) applicable to a

family of the size involved.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 201, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1623; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1021, Pub. L. 89-329, title II, Sec. 201, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1383; amended Pub. L. 99-498, title II, Sec. 201(b), (c), Oct. 17,

1986, 100 Stat. 1287; Pub. L. 100-418, title VI, Sec. 6241, Aug.

23, 1988, 102 Stat. 1520; Pub. L. 102-325, title II, Sec. 201, July

23, 1992, 106 Stat. 467, related to congressional statement of

purpose and authorization of appropriations, prior to repeal by

Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII, Sec.

708(b)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

Another prior section 1021, Pub. L. 89-329, title II, Sec. 201,

as added Pub. L. 92-318, title I, Sec. 111(b)(1), June 23, 1972, 86

Stat. 238; amended Pub. L. 94-482, title I, Sec. 106, Oct. 12,

1976, 90 Stat. 2089; Pub. L. 96-49, Sec. 3(a), Aug. 13, 1979, 93

Stat. 351, provided for college library programs, prior to the

general amendment of this subchapter by Pub. L. 96-374.

Another prior section 1021, Pub. L. 89-329, title II, Sec. 201,

Nov. 8, 1965, 79 Stat. 1224; Pub. L. 90-575, title II, Sec. 211,

Oct. 16, 1968, 82 Stat. 1036; Pub. L. 92-318, title I, Sec.

111(a)(1), June 23, 1972, 86 Stat. 238, authorized appropriations

of $50,000,000 for each fiscal year ending June 30, 1966, 1967, and

1968, and $25,000,000; $75,000,000; $90,000,000; and $18,000,000

for fiscal years ending June 30, 1969, 1970, 1971, and 1972, for

library resources grants, prior to repeal by Pub. L. 92-318, title

I, Sec. 111(b)(1), June 23, 1972, 86 Stat. 238.

AMENDMENTS

2002 - Subsecs. (a), (b). Pub. L. 107-110 substituted ''this

part'' for ''this subchapter'' in introductory provisions.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1042 of this title.

-CITE-

20 USC Sec. 1022 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1022. State grants

-STATUTE-

(a) In general

From amounts made available under section 1030(1) of this title

for a fiscal year, the Secretary is authorized to award grants

under this section, on a competitive basis, to eligible States to

enable the eligible States to carry out the activities described in

subsection (d) of this section.

(b) Eligible State

(1) Definition

In this part, the term ''eligible State'' means -

(A) the Governor of a State; or

(B) in the case of a State for which the constitution or law

of such State designates another individual, entity, or agency

in the State to be responsible for teacher certification and

preparation activity, such individual, entity, or agency.

(2) Consultation

The Governor and the individual, entity, or agency designated

under paragraph (1) shall consult with the Governor, State board

of education, State educational agency, or State agency for

higher education, as appropriate, with respect to the activities

assisted under this section.

(3) Construction

Nothing in this subsection shall be construed to negate or

supersede the legal authority under State law of any State

agency, State entity, or State public official over programs that

are under the jurisdiction of the agency, entity, or official.

To be eligible to receive a grant under this section, an eligible

State shall, at the time of the initial grant application, submit

an application to the Secretary that -

(1) meets the requirement of this section;

(2) includes a description of how the eligible State intends to

use funds provided under this section; and

(3) contains such other information and assurances as the

Secretary may require.

(d) Uses of funds

An eligible State that receives a grant under this section shall

use the grant funds to reform teacher preparation requirements, and

to ensure that current and future teachers possess the necessary

teaching skills and academic content knowledge in the subject areas

in which the teachers are assigned to teach, by carrying out 1 or

more of the following activities:

(1) Reforms

Implementing reforms that hold institutions of higher education

with teacher preparation programs accountable for preparing

teachers who are highly competent in the academic content areas

in which the teachers plan to teach, and possess strong teaching

skills, which may include the use of rigorous subject matter

competency tests and the requirement that a teacher have an

academic major in the subject area, or related discipline, in

which the teacher plans to teach.

(2) Certification or licensure requirements

Reforming teacher certification or licensure requirements to

ensure that teachers have the necessary teaching skills and

academic content knowledge in the subject areas in which teachers

are assigned to teach.

(3) Alternatives to traditional preparation for teaching

Providing prospective teachers with alternatives to traditional

preparation for teaching through programs at colleges of arts and

sciences or at nonprofit educational organizations.

(4) Alternative routes to State certification

Carrying out programs that -

(A) include support during the initial teaching experience;

and

(B) establish, expand, or improve alternative routes to State

certification of teachers for highly qualified individuals,

including mid-career professionals from other occupations,

paraprofessionals, former military personnel and recent college

graduates with records of academic distinction.

(5) Recruitment; pay; removal

Developing and implementing effective mechanisms to ensure that

local educational agencies and schools are able to effectively

recruit highly qualified teachers, to financially reward those

teachers and principals whose students have made significant

progress toward high academic performance, such as through

performance-based compensation systems and access to ongoing

professional development opportunities for teachers and

administrators, and to expeditiously remove incompetent or

unqualified teachers consistent with procedures to ensure due

process for the teachers.

(6) Social promotion

Development and implementation of efforts to address the

problem of social promotion and to prepare teachers to

effectively address the issues raised by ending the practice of

social promotion.

(7) Recruitment

Activities described in section 1024(d) of this title.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 202, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1624; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1022, Pub. L. 89-329, title II, Sec. 202, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1384; amended Pub. L. 102-325, title II, Sec. 201, July 23, 1992,

106 Stat. 468, required each institution of higher education

receiving grants under this subchapter to annually notify

designated State agency of its activities under this subchapter,

prior to repeal by Pub. L. 104-208, div. A, title I, Sec. 101(e)

(title VII, Sec. 708(b)), Sept. 30, 1996, 110 Stat. 3009-233,

3009-312.

Another prior section 1022, Pub. L. 89-329, title II, Sec. 202,

Nov. 8, 1965, 79 Stat. 1224; Pub. L. 89-752, Sec. 9, Nov. 3, 1966,

80 Stat. 1243; Pub. L. 90-575, title II, Sec. 214(a), Oct. 16,

1968, 82 Stat. 1037; Pub. L. 92-318, title I, Sec. 111(b)(2)(A),

112(a), (b)(1), June 23, 1972, 86 Stat. 238, 240, related to the

basic grants for the college library resources program, prior to

the general amendment of this subchapter by Pub. L. 96-374.

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-110 substituted ''this part''

for ''this subchapter'' in introductory provisions.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1024, 1025, 1026, 1030,

6613 of this title.

-CITE-

20 USC Sec. 1023 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1023. Partnership grants

-STATUTE-

(a) Grants

From amounts made available under section 1030(2) of this title

for a fiscal year, the Secretary is authorized to award grants

under this section, on a competitive basis, to eligible

partnerships to enable the eligible partnerships to carry out the

activities described in subsections (d) and (e) of this section.

(b) Definitions

(1) Eligible partnerships

In this part, the term ''eligible partnerships'' means an

entity that -

(A) shall include -

(i) a partner institution;

(ii) a school of arts and sciences; and

(iii) a high need local educational agency; and

(B) may include a Governor, State educational agency, the

State board of education, the State agency for higher

education, an institution of higher education not described in

subparagraph (A), a public charter school, a public or private

elementary school or secondary school, a public or private

nonprofit educational organization, a business, a teacher

organization, or a prekindergarten program.

(2) Partner institution

In this section, the term ''partner institution'' means a

private independent or State-supported public institution of

higher education, the teacher training program of which

demonstrates that -

(A) graduates from the teacher training program exhibit

strong performance on State-determined qualifying assessments

for new teachers through -

(i) demonstrating that 80 percent or more of the graduates

of the program who intend to enter the field of teaching have

passed all of the applicable State qualification assessments

for new teachers, which shall include an assessment of each

prospective teacher's subject matter knowledge in the content

area or areas in which the teacher intends to teach; or

(ii) being ranked among the highest-performing teacher

preparation programs in the State as determined by the State

(I) using criteria consistent with the requirements for

the State report card under section 1027(b) of this title;

and

(II) using the State report card on teacher preparation

required under section 1027(b) of this title, after the

first publication of such report card and for every year

thereafter; or

(B) the teacher training program requires all the students of

the program to participate in intensive clinical experience, to

meet high academic standards, and -

(i) in the case of secondary school candidates, to

successfully complete an academic major in the subject area

in which the candidate intends to teach or to demonstrate

competence through a high level of performance in relevant

content areas; and

(ii) in the case of elementary school candidates, to

successfully complete an academic major in the arts and

sciences or to demonstrate competence through a high level of

performance in core academic subject areas.

Each eligible partnership desiring a grant under this section

shall submit an application to the Secretary at such time, in such

manner, and accompanied by such information as the Secretary may

require. Each such application shall -

(1) contain a needs assessment of all the partners with respect

to teaching and learning and a description of how the partnership

will coordinate with other teacher training or professional

development programs, and how the activities of the partnership

will be consistent with State, local, and other education reform

activities that promote student achievement;

(2) contain a resource assessment that describes the resources

available to the partnership, the intended use of the grant

funds, including a description of how the grant funds will be

fairly distributed in accordance with subsection (f) of this

section, and the commitment of the resources of the partnership

to the activities assisted under this part, including financial

support, faculty participation, time commitments, and

continuation of the activities when the grant ends; and

(3) contain a description of -

(A) how the partnership will meet the purposes of this part;

(B) how the partnership will carry out the activities

required under subsection (d) of this section and any

permissible activities under subsection (e) of this section;

and

1026(b) of this title.

(d) Required uses of funds

An eligible partnership that receives a grant under this section

shall use the grant funds to carry out the following activities:

(1) Reforms

Implementing reforms within teacher preparation programs to

hold the programs accountable for preparing teachers who are

highly competent in the academic content areas in which the

teachers plan to teach, and for promoting strong teaching skills,

including working with a school of arts and sciences and

integrating reliable research-based teaching methods into the

curriculum, which curriculum shall include programs designed to

successfully integrate technology into teaching and learning.

(2) Clinical experience and interaction

Providing sustained and high quality preservice clinical

experience including the mentoring of prospective teachers by

veteran teachers, and substantially increasing interaction

between faculty at institutions of higher education and new and

experienced teachers, principals, and other administrators at

elementary schools or secondary schools, and providing support,

including preparation time, for such interaction.

(3) Professional development

Creating opportunities for enhanced and ongoing professional

development that improves the academic content knowledge of

teachers in the subject areas in which the teachers are certified

to teach or in which the teachers are working toward

certification to teach, and that promotes strong teaching skills.

(e) Allowable uses of funds

An eligible partnership that receives a grant under this section

may use such funds to carry out the following activities:

(1) Teacher preparation and parent involvement

Preparing teachers to work with diverse student populations,

including individuals with disabilities and limited English

proficient individuals, and involving parents in the teacher

preparation program reform process.

(2) Dissemination and coordination

Broadly disseminating information on effective practices used

by the partnership, and coordinating with the activities of the

Governor, State board of education, State higher education

agency, and State educational agency, as appropriate.

(3) Managerial and leadership skills

Developing and implementing proven mechanisms to provide

principals and superintendents with effective managerial and

leadership skills that result in increased student achievement.

(4) Teacher recruitment

Activities described in section 1024(d) of this title.

(f) Special rule

No individual member of an eligible partnership shall retain more

than 50 percent of the funds made available to the partnership

under this section.

(g) Construction

Nothing in this section shall be construed to prohibit an

eligible partnership from using grant funds to coordinate with the

activities of more than one Governor, State board of education,

State educational agency, local educational agency, or State agency

for higher education.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 203, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1625; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1023, Pub. L. 89-329, title II, Sec. 203, as

added Pub. L. 102-325, title II, Sec. 201, July 23, 1992, 106 Stat.

468, required Secretary to ensure that programs under this

subchapter were administered by appropriate library experts, prior

to repeal by Pub. L. 104-208, div. A, title I, Sec. 101(e) (title

VII, Sec. 708(b)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

Another prior section 1023, Pub. L. 89-329, title II, Sec. 203,

Nov. 8, 1965, 79 Stat. 1225; Pub. L. 90-575, title II, Sec. 212(a),

Oct. 16, 1968, 82 Stat. 1036; Pub. L. 92-318, title I, Sec.

111(b)(2)(B), 112(b)(2), 113(a), June 23, 1972, 86 Stat. 239, 240,

provided for supplemental grants in the college library resources

program, prior to the general amendment of this subchapter by Pub.

L. 96-374.

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-110 substituted ''this part''

for ''this subchapter'' in introductory provisions.

Subsec. (c)(2), (3)(A). Pub. L. 107-110 substituted ''this part''

for ''this subchapter''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1024, 1025, 1026, 1030,

6634, 6662 of this title.

-CITE-

20 USC Sec. 1024 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1024. Teacher recruitment grants

-STATUTE-

(a) Program authorized

From amounts made available under section 1030(3) of this title

for a fiscal year, the Secretary is authorized to award grants, on

a competitive basis, to eligible applicants to enable the eligible

applicants to carry out activities described in subsection (d) of

this section.

(b) ''Eligible applicant'' defined

In this part, the term ''eligible applicant'' means -

(1) an eligible State described in section 1022(b) of this

title; or

(2) an eligible partnership described in section 1023(b) of

this title.

Any eligible applicant desiring to receive a grant under this

section shall submit an application to the Secretary at such time,

in such form, and containing such information as the Secretary may

require, including -

(1) a description of the assessment that the eligible

applicant, and the other entities with whom the eligible

applicant will carry out the grant activities, have undertaken to

determine the most critical needs of the participating high-need

local educational agencies;

(2) a description of the activities the eligible applicant will

carry out with the grant; and

(3) a description of the eligible applicant's plan for

continuing the activities carried out with the grant, once

Federal funding ceases.

(d) Uses of funds

Each eligible applicant receiving a grant under this section

shall use the grant funds -

(1)(A) to award scholarships to help students pay the costs of

tuition, room, board, and other expenses of completing a teacher

preparation program;

(B) to provide support services, if needed to enable

scholarship recipients to complete postsecondary education

programs; and

recipients during the recipients first 3 years of teaching; or

(2) to develop and implement effective mechanisms to ensure

that high need local educational agencies and schools are able to

effectively recruit highly qualified teachers.

(e) Service requirements

The Secretary shall establish such requirements as the Secretary

finds necessary to ensure that recipients of scholarships under

this section who complete teacher education programs subsequently

teach in a high-need local educational agency, for a period of time

equivalent to the period for which the recipients receive

scholarship assistance, or repay the amount of the scholarship.

The Secretary shall use any such repayments to carry out additional

activities under this section.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 204, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1627; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1024, Pub. L. 89-329, title II, Sec. 204, Nov. 8,

1965, 79 Stat. 1226; Pub. L. 90-575, title II, Sec. 212(b), (c),

213(a), Oct. 16, 1968, 82 Stat. 1036; Pub. L. 92-318, title I, Sec.

111(b)(2)(C), June 23, 1972, 86 Stat. 239, provided for special

purpose grants in the college library resources program, prior to

the general amendment of this subchapter by Pub. L. 96-374.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-110 substituted ''this part'' for

''this subchapter'' in introductory provisions.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1022, 1023, 1025, 1030 of

this title.

-CITE-

20 USC Sec. 1025 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1025. Administrative provisions

-STATUTE-

(a) Duration; one-time awards; payments

(1) Duration

(A) Eligible States and eligible applicants

Grants awarded to eligible States and eligible applicants

under this part shall be awarded for a period not to exceed 3

years.

(B) Eligible partnerships

Grants awarded to eligible partnerships under this part shall

be awarded for a period of 5 years.

(2) One-time award

An eligible State and an eligible partnership may receive a

grant under each of sections 1022, 1023, and 1024 of this title

only once.

(3) Payments

The Secretary shall make annual payments of grant funds awarded

under this part.

(b) Peer review

(1) Panel

The Secretary shall provide the applications submitted under

this part to a peer review panel for evaluation. With respect to

each application, the peer review panel shall initially recommend

the application for funding or for disapproval.

(2) Priority

In recommending applications to the Secretary for funding under

this part, the panel shall -

(A) with respect to grants under section 1022 of this title,

give priority to eligible States serving States that -

(i) have initiatives to reform State teacher certification

requirements that are designed to ensure that current and

future teachers possess the necessary teaching skills and

academic content knowledge in the subject areas in which the

teachers are certified or licensed to teach;

(ii) include innovative reforms to hold institutions of

higher education with teacher preparation programs

accountable for preparing teachers who are highly competent

in the academic content area in which the teachers plan to

teach and have strong teaching skills; or

(iii) involve the development of innovative efforts aimed

at reducing the shortage of highly qualified teachers in high

poverty urban and rural areas;

(B) with respect to grants under section 1023 of this title -

(i) give priority to applications from eligible

partnerships that involve businesses; and

(ii) take into consideration -

(I) providing an equitable geographic distribution of the

grants throughout the United States; and

(II) the potential of the proposed activities for

creating improvement and positive change.

(3) Secretarial selection

The Secretary shall determine, based on the peer review

process, which application shall receive funding and the amounts

of the grants. In determining grant amounts, the Secretary shall

take into account the total amount of funds available for all

grants under this part and the types of activities proposed to be

carried out.

(1) State grants

Each eligible State receiving a grant under section 1022 or

1024 of this title shall provide, from non-Federal sources, an

amount equal to 50 percent of the amount of the grant (in cash or

in kind) to carry out the activities supported by the grant.

(2) Partnership grants

Each eligible partnership receiving a grant under section 1023

or 1024 of this title shall provide, from non-Federal sources (in

cash or in kind), an amount equal to 25 percent of the grant for

the first year of the grant, 35 percent of the grant for the

second year of the grant, and 50 percent of the grant for each

succeeding year of the grant.

(d) Limitation on administrative expenses

An eligible State or eligible partnership that receives a grant

under this part may not use more than 2 percent of the grant funds

for purposes of administering the grant.

(e) Teacher qualifications provided to parents upon request

Any local educational agency or school that benefits from the

activities assisted under this part shall make available, upon

request and in an understandable and uniform format, to any parent

of a student attending any school served by the local educational

agency, information regarding the qualification of the student's

classroom teacher with regard to the subject matter in which the

teacher provides instruction. The local educational agency shall

inform parents that the parents are entitled to receive the

information upon request.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 205, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1628; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1025, Pub. L. 89-329, title II, Sec. 205, Nov. 8,

1965, 79 Stat. 1226; Pub. L. 91-230, title IV, Sec. 401(h)(4), Apr.

13, 1970, 84 Stat. 174, created the Advisory Council on College

Library Resources, prior to the general amendment of this

subchapter by Pub. L. 96-374.

AMENDMENTS

2002 - Subsecs. (a)(1), (b), (d), (e). Pub. L. 107-110

substituted ''this part'' for ''this subchapter'' wherever

appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-CITE-

20 USC Sec. 1026 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1026. Accountability and evaluation

-STATUTE-

(a) State grant accountability report

An eligible State that receives a grant under section 1022 of

this title shall submit an annual accountability report to the

Secretary, the Committee on Labor and Human Resources of the

Senate, and the Committee on Education and the Workforce of the

House of Representatives. Such report shall include a description

of the degree to which the eligible State, in using funds provided

under such section, has made substantial progress in meeting the

following goals:

(1) Student achievement

Increasing student achievement for all students as defined by

the eligible State.

(2) Raising standards

Raising the State academic standards required to enter the

teaching profession, including, where appropriate, through the

use of incentives to incorporate the requirement of an academic

major in the subject, or related discipline, in which the teacher

plans to teach.

(3) Initial certification or licensure

Increasing success in the pass rate for initial State teacher

certification or licensure, or increasing the numbers of highly

qualified individuals being certified or licensed as teachers

through alternative programs.

(4) Core academic subjects

(A) Secondary school classes

Increasing the percentage of secondary school classes taught

in core academic subject areas by teachers -

(i) with academic majors in those areas or in a related

field;

(ii) who can demonstrate a high level of competence through

rigorous academic subject area tests; or

(iii) who can demonstrate competence through a high level

of performance in relevant content areas.

(B) Elementary school classes

Increasing the percentage of elementary school classes taught

by teachers -

(i) with academic majors in the arts and sciences; or

(ii) who can demonstrate competence through a high level of

performance in core academic subjects.

(5) Decreasing teacher shortages

Decreasing shortages of qualified teachers in poor urban and

rural areas.

(6) Increasing opportunities for professional development

Increasing opportunities for enhanced and ongoing professional

development that improves the academic content knowledge of

teachers in the subject areas in which the teachers are certified

or licensed to teach or in which the teachers are working toward

certification or licensure to teach, and that promotes strong

teaching skills.

(7) Technology integration

Increasing the number of teachers prepared to integrate

technology in the classroom.

(b) Eligible partnership evaluation

Each eligible partnership receiving a grant under section 1023 of

this title shall establish and include in the application submitted

under section 1023(c) of this title, an evaluation plan that

includes strong performance objectives. The plan shall include

objectives and measures for -

(1) increased student achievement for all students as measured

by the partnership;

(2) increased teacher retention in the first 3 years of a

teacher's career;

(3) increased success in the pass rate for initial State

certification or licensure of teachers; and

(4) increased percentage of secondary school classes taught in

core academic subject areas by teachers -

(A) with academic majors in the areas or in a related field;

and

(B) who can demonstrate a high level of competence through

rigorous academic subject area tests or who can demonstrate

competence through a high level of performance in relevant

content areas;

(5) increasing the percentage of elementary school classes

taught by teachers with academic majors in the arts and sciences

or who demonstrate competence through a high level of performance

in core academic subject areas; and

(6) increasing the number of teachers trained in technology.

(1) Report

Each eligible State or eligible partnership receiving a grant

under this part shall report annually on the progress of the

eligible State or eligible partnership toward meeting the

purposes of this part and the goals, objectives, and measures

described in subsections (a) and (b) of this section.

(2) Revocation

(A) Eligible States and eligible applicants

If the Secretary determines that an eligible State or

eligible applicant is not making substantial progress in

meeting the purposes, goals, objectives, and measures, as

appropriate, by the end of the second year of a grant under

this part, then the grant payment shall not be made for the

third year of the grant.

(B) Eligible partnerships

If the Secretary determines that an eligible partnership is

not making substantial progress in meeting the purposes, goals,

objectives, and measures, as appropriate, by the end of the

third year of a grant under this part, then the grant payments

shall not be made for any succeeding year of the grant.

(d) Evaluation and dissemination

The Secretary shall evaluate the activities funded under this

part and report the Secretary's findings regarding the activities

to the Committee on Labor and Human Resources of the Senate and the

Committee on Education and the Workforce of the House of

Representatives. The Secretary shall broadly disseminate successful

practices developed by eligible States and eligible partnerships

under this part, and shall broadly disseminate information

regarding such practices that were found to be ineffective.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 206, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1630; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1026, Pub. L. 89-329, title II, Sec. 206, Nov. 8,

1965, 79 Stat. 1226, related to the accreditation of educational

institutions, prior to the general amendment of this subchapter by

Pub. L. 96-374.

AMENDMENTS

2002 - Subsecs. (c), (d). Pub. L. 107-110 substituted ''this

part'' for ''this subchapter'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1023 of this title.

-CITE-

20 USC Sec. 1027 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1027. Accountability for programs that prepare teachers

-STATUTE-

(a) Development of definitions and reporting methods

Within 9 months of October 7, 1998, the Commissioner of the

National Center for Education Statistics, in consultation with

States and institutions of higher education, shall develop key

definitions for terms, and uniform reporting methods (including the

key definitions for the consistent reporting of pass rates),

related to the performance of elementary school and secondary

school teacher preparation programs.

(b) State report card on quality of teacher preparation

Each State that receives funds under this chapter shall provide

to the Secretary, within 2 years of October 7, 1998, and annually

thereafter, in a uniform and comprehensible manner that conforms

with the definitions and methods established in subsection (a) of

this section, a State report card on the quality of teacher

preparation in the State, which shall include at least the

following:

(1) A description of the teacher certification and licensure

assessments, and any other certification and licensure

requirements, used by the State.

(2) The standards and criteria that prospective teachers must

meet in order to attain initial teacher certification or

licensure and to be certified or licensed to teach particular

subjects or in particular grades within the State.

(3) A description of the extent to which the assessments and

requirements described in paragraph (1) are aligned with the

State's standards and assessments for students.

(4) The percentage of teaching candidates who passed each of

the assessments used by the State for teacher certification and

licensure, and the passing score on each assessment that

determines whether a candidate has passed that assessment.

(5) The percentage of teaching candidates who passed each of

the assessments used by the State for teacher certification and

licensure, disaggregated and ranked, by the teacher preparation

program in that State from which the teacher candidate received

the candidate's most recent degree, which shall be made available

widely and publicly.

(6) Information on the extent to which teachers in the State

are given waivers of State certification or licensure

requirements, including the proportion of such teachers

distributed across high- and low-poverty school districts and

across subject areas.

(7) A description of each State's alternative routes to teacher

certification, if any, and the percentage of teachers certified

through alternative certification routes who pass State teacher

certification or licensure assessments.

(8) For each State, a description of proposed criteria for

assessing the performance of teacher preparation programs within

institutions of higher education in the State, including

indicators of teacher candidate knowledge and skills.

(9) Information on the extent to which teachers or prospective

teachers in each State are required to take examinations or other

assessments of their subject matter knowledge in the area or

areas in which the teachers provide instruction, the standards

established for passing any such assessments, and the extent to

which teachers or prospective teachers are required to receive a

passing score on such assessments in order to teach in specific

subject areas or grade levels.

(1) In general

Each State that receives funds under this chapter, not later

than 6 months of (FOOTNOTE 1) October 7, 1998, and in a uniform

and comprehensible manner, shall submit to the Secretary the

information described in paragraphs (1), (5), and (6) of

subsection (b) of this section. Such information shall be

compiled by the Secretary and submitted to the Committee on Labor

and Human Resources of the Senate and the Committee on Education

and the Workforce of the House of Representatives not later than

9 months after October 7, 1998.

(FOOTNOTE 1) So in original. Probably should be ''after''.

(2) Construction

Nothing in this subsection shall be construed to require a

State to gather information that is not in the possession of the

State or the teacher preparation programs in the State, or

readily available to the State or teacher preparation programs.

(d) Report of Secretary on quality of teacher preparation

(1) Report card

The Secretary shall provide to Congress, and publish and make

widely available, a report card on teacher qualifications and

preparation in the United States, including all the information

reported in paragraphs (1) through (9) of subsection (b) of this

section. Such report shall identify States for which eligible

States and eligible partnerships received a grant under this

part. Such report shall be so provided, published and made

available not later than 2 years 6 months after October 7, 1998,

and annually thereafter.

(2) Report to Congress

The Secretary shall report to Congress -

(A) a comparison of States' efforts to improve teaching

quality; and

(B) regarding the national mean and median scores on any

standardized test that is used in more than 1 State for teacher

certification or licensure.

(3) Special rule

In the case of teacher preparation programs with fewer than 10

graduates taking any single initial teacher certification or

licensure assessment during an academic year, the Secretary shall

collect and publish information with respect to an average pass

rate on State certification or licensure assessments taken over a

3-year period.

(e) Coordination

The Secretary, to the extent practicable, shall coordinate the

information collected and published under this part among States

for individuals who took State teacher certification or licensure

assessments in a State other than the State in which the individual

received the individual's most recent degree.

(f) Institutional report cards on quality of teacher preparation

(1) Report card

Each institution of higher education that conducts a teacher

preparation program that enrolls students receiving Federal

assistance under this chapter, not later than 18 months after

October 7, 1998, and annually thereafter, shall report to the

State and the general public, in a uniform and comprehensible

manner that conforms with the definitions and methods established

under subsection (a) of this section, the following information:

(A) Pass rate

(i) For the most recent year for which the information is

available, the pass rate of the institution's graduates on the

teacher certification or licensure assessments of the State in

which the institution is located, but only for those students

who took those assessments within 3 years of completing the

program.

(ii) A comparison of the program's pass rate with the average

pass rate for programs in the State.

(iii) In the case of teacher preparation programs with fewer

than 10 graduates taking any single initial teacher

certification or licensure assessment during an academic year,

the institution shall collect and publish information with

respect to an average pass rate on State certification or

licensure assessments taken over a 3-year period.

(B) Program information

The number of students in the program, the average number of

hours of supervised practice teaching required for those in the

program, and the faculty-student ratio in supervised practice

teaching.

In States that approve or accredit teacher education

programs, a statement of whether the institution's program is

so approved or accredited.

(D) Designation as low-performing

Whether the program has been designated as low-performing by

the State under section 1028(a) of this title.

(2) Requirement

The information described in paragraph (1) shall be reported

through publications such as school catalogs and promotional

materials sent to potential applicants, secondary school guidance

counselors, and prospective employers of the institution's

program graduates.

(3) Fines

In addition to the actions authorized in section 1094(c) of

this title, the Secretary may impose a fine not to exceed $25,000

on an institution of higher education for failure to provide the

information described in this subsection in a timely or accurate

manner.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 207, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1632; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b), (c)(1), and (f)(1),

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-

PRIOR PROVISIONS

A prior section 1027, Pub. L. 89-329, title II, Sec. 207, Nov. 8,

1965, 79 Stat. 1227; Pub. L. 92-318, title I, Sec. 131(d)(2)(B),

June 23, 1972, 86 Stat. 260, prohibited grants for library

resources to be used for sectarian instruction or religious

worship, prior to the general amendment of this subchapter by Pub.

L. 96-374.

AMENDMENTS

2002 - Subsecs. (d)(1), (e). Pub. L. 107-110 substituted ''this

part'' for ''this subchapter''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1023, 1028, 1029, 6753 of

this title.

-CITE-

20 USC Sec. 1028 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1028. State functions

-STATUTE-

(a) State assessment

In order to receive funds under this chapter, a State, not later

than 2 years after October 7, 1998, shall have in place a procedure

to identify, and assist, through the provision of technical

assistance, low-performing programs of teacher preparation within

institutions of higher education. Such State shall provide the

Secretary an annual list of such low-performing institutions that

includes an identification of those institutions at-risk of being

placed on such list. Such levels of performance shall be

determined solely by the State and may include criteria based upon

information collected pursuant to this part. Such assessment shall

be described in the report under section 1027(b) of this title.

(b) Termination of eligibility

Any institution of higher education that offers a program of

teacher preparation in which the State has withdrawn the State's

approval or terminated the State's financial support due to the low

performance of the institution's teacher preparation program based

upon the State assessment described in subsection (a) of this

section -

(1) shall be ineligible for any funding for professional

development activities awarded by the Department of Education;

and

(2) shall not be permitted to accept or enroll any student that

receives aid under subchapter IV of this chapter and part C of

subchapter I of chapter 34 of title 42 in the institution's

teacher preparation program.

If the Secretary develops any regulations implementing subsection

(b)(2) of this section, the Secretary shall submit such proposed

regulations to a negotiated rulemaking process, which shall include

representatives of States, institutions of higher education, and

educational and student organizations.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 208, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1634; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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-

PRIOR PROVISIONS

A prior section 1028, Pub. L. 89-329, title II, Sec. 208, Nov. 8,

1965, 79 Stat. 1227, required that institutions inform State

agencies of their activities under the college library resources

program, prior to the general amendment of this subchapter by Pub.

L. 96-374.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-110 substituted ''this part'' for

''this subchapter''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1027, 1029, 6753 of this

title.

-CITE-

20 USC Sec. 1029 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1029. General provisions

-STATUTE-

(a) Methods

In complying with sections 1027 and 1028 of this title, the

Secretary shall ensure that States and institutions of higher

education use fair and equitable methods in reporting and that the

reporting methods protect the privacy of individuals.

(b) Special rule

For each State in which there are no State certification or

licensure assessments, or for States that do not set minimum

performance levels on those assessments -

(1) the Secretary shall, to the extent practicable, collect

data comparable to the data required under this part from States,

local educational agencies, institutions of higher education, or

other entities that administer such assessments to teachers or

prospective teachers; and

(2) notwithstanding any other provision of this part, the

Secretary shall use such data to carry out requirements of this

part related to assessments or pass rates.

(1) Federal control prohibited

Nothing in this part shall be construed to permit, allow,

encourage, or authorize any Federal control over any aspect of

any private, religious, or home school, whether or not a home

school is treated as a private school or home school under State

law. This section shall not be construed to prohibit private,

religious, or home schools from participation in programs or

services under this part.

(2) No change in State control encouraged or required

Nothing in this part shall be construed to encourage or require

any change in a State's treatment of any private, religious, or

home school, whether or not a home school is treated as a private

school or home school under State law.

(3) National system of teacher certification prohibited

Nothing in this part shall be construed to permit, allow,

encourage, or authorize the Secretary to establish or support any

national system of teacher certification.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 209, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1635; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1029, Pub. L. 89-329, title II, Sec. 211, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1384; amended Pub. L. 99-498, title II, Sec. 202, Oct. 17, 1986,

100 Stat. 1287; Pub. L. 102-325, title II, Sec. 201, July 23, 1992,

106 Stat. 468, related to college library technology and

cooperation grants, prior to repeal by Pub. L. 104-208, div. A,

title I, Sec. 101(e) (title VII, Sec. 708(b)), Sept. 30, 1996, 110

Stat. 3009-233, 3009-312.

AMENDMENTS

2002 - Subsecs. (b), (c). Pub. L. 107-110 substituted ''this

part'' for ''this subchapter'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-CITE-

20 USC Sec. 1030 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part A - Teacher Quality Enhancement Grants for States and

Partnerships

-HEAD-

Sec. 1030. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$300,000,000 for fiscal year 1999 and such sums as may be necessary

for each of the 4 succeeding fiscal years, of which -

(1) 45 percent shall be available for each fiscal year to award

grants under section 1022 of this title;

(2) 45 percent shall be available for each fiscal year to award

grants under section 1023 of this title; and

(3) 10 percent shall be available for each fiscal year to award

grants under section 1024 of this title.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 210, as added Pub. L. 105-244,

title II, Sec. 201, Oct. 7, 1998, 112 Stat. 1635; amended Pub. L.

107-110, title X, Sec. 1051(2), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1030, Pub. L. 89-329, title II, Sec. 213, as

added Pub. L. 99-498, title II, Sec. 203, Oct. 17, 1986, 100 Stat.

1289, which defined ''full-time equivalent students'', was omitted

in the general amendment of this subchapter by Pub. L. 102-325,

title II, Sec. 201, July 23, 1992, 106 Stat. 467.

A prior section 1031, Pub. L. 89-329, title II, Sec. 221, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1385; amended Pub. L. 99-498, title II, Sec. 204(b)(1), Oct. 17,

1986, 100 Stat. 1289; Pub. L. 102-325, title II, Sec. 201, July 23,

1992, 106 Stat. 469, authorized grants in accordance with former

sections 1032 and 1033 of this title, prior to repeal by Pub. L.

104-208, div. A, title I, Sec. 101(e) (title VII, Sec. 708(b)),

Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

Another prior section 1031, Pub. L. 89-329, title II, Sec. 221,

as added Pub. L. 92-318, title I, Sec. 111(b)(3)(A), June 23, 1972,

86 Stat. 239, contained the grant authority for training and

research programs, prior to the general amendment of this

subchapter by Pub. L. 96-374.

Another prior section 1031, Pub. L. 89-329, title II, Sec. 221,

Nov. 8, 1965, 79 Stat. 1227; Pub. L. 90-575, title II, Sec. 215,

Oct. 16, 1968, 82 Stat. 1037; Pub. L. 92-318, title I, Sec.

111(a)(2), June 23, 1972, 86 Stat. 238, authorized appropriations

of $15,000,000 for each fiscal year ending June 30, 1966, 1967, and

1968, and $11,800,000; $28,000,000; $38,000,000; and $12,000,000

for fiscal years ending June 30, 1969, 1970, 1971, and 1972, prior

to repeal by Pub. L. 92-318, title I, Sec. 111(b)(3)(A), June 23,

1972, 86 Stat. 239.

A prior section 1032, Pub. L. 89-329, title II, Sec. 222, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1385; amended Pub. L. 102-325, title II, Sec. 201, July 23, 1992,

106 Stat. 469, related to library education and human resource

development, prior to repeal by Pub. L. 104-208, div. A, title I,

Sec. 101(e) (title VII, Sec. 708(b)), Sept. 30, 1996, 110 Stat.

3009-233, 3009-312.

Another prior section 1032, Pub. L. 89-329, title II, Sec. 222,

Nov. 8, 1965, 79 Stat. 1227, defined the term ''librarianship'',

prior to repeal by Pub. L. 92-318, title I, Sec. 111(b)(3)(A), June

23, 1972, 86 Stat. 239.

A prior section 1033, Pub. L. 89-329, title II, Sec. 223, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1385; amended Pub. L. 99-498, title II, Sec. 205, Oct. 17, 1986,

100 Stat. 1289; Pub. L. 102-325, title II, Sec. 201, July 23, 1992,

106 Stat. 470, authorized Secretary to make grants and enter into

contracts for research and development projects, prior to repeal by

Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII, Sec.

708(b)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

Another prior section 1033, Pub. L. 89-329, title II, Sec. 222,

formerly Sec. 223, Nov. 8, 1965, 79 Stat. 1227; Pub. L. 90-575,

title II, Sec. 216, Oct. 16, 1968, 82 Stat. 1037, renumbered and

amended Pub. L. 92-318, title I, Sec. 111(b)(3)(B)-(D), June 23,

1972, 86 Stat. 239, 240, related to grants for training in

librarianship, prior to the general amendment of this subchapter by

Pub. L. 96-374.

A prior section 1034, Pub. L. 89-329, title II, Sec. 224, as

added Pub. L. 102-325, title II, Sec. 201, July 23, 1992, 106 Stat.

470, required Secretary to consult with appropriate library and

information science professional bodies in determining critical

needs and priorities under former sections 1032 and 1033 of this

title, prior to repeal by Pub. L. 104-208, div. A, title I, Sec.

101(e) (title VII, Sec. 708(b)), Sept. 30, 1996, 110 Stat.

3009-233, 3009-312.

Another prior section 1034, Pub. L. 89-329, title II, Sec. 224,

as added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1385, authorized special purpose grants, prior to repeal by Pub. L.

99-498, title II, Sec. 204(a), Oct. 17, 1986, 100 Stat. 1289.

Another prior section 1034, Pub. L. 89-329, title II, Sec. 223,

formerly Sec. 224, Nov. 8, 1965, 79 Stat. 1228, Pub. L. 91-230,

title IV, Sec. 401(h)(4), Apr. 13, 1970, 84 Stat. 174, and

renumbered Pub. L. 92-318, title I, Sec. 111(b)(3)(D), June 23,

1972, 86 Stat. 240, related to grants for research and

demonstration projects, prior to the general amendment of this

subchapter by Pub. L. 96-374.

AMENDMENTS

2002 - Pub. L. 107-110 substituted ''this part'' for ''this

subchapter'' in introductory provisions.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1022, 1023, 1024 of this

title.

-CITE-

20 USC Part B - Preparing Tomorrow's Teachers To Use

Technology 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part B - Preparing Tomorrow's Teachers To Use Technology

-HEAD-

Part B - Preparing Tomorrow's Teachers To Use Technology

-CITE-

20 USC Sec. 1041 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part B - Preparing Tomorrow's Teachers To Use Technology

-HEAD-

Sec. 1041. Purpose and program authority

-STATUTE-

(a) Purpose

It is the purpose of this part to assist consortia of public and

private entities -

(1) to carry out programs that prepare prospective teachers to

use advanced technology to prepare all students to meet

challenging State and local academic content and student academic

achievement standards; and

(2) to improve the ability of institutions of higher education

to carry out such programs.

(b) Program authority

(1) In general

The Secretary is authorized to award grants to eligible

applicants, or enter into contracts or cooperative agreements

with eligible applicants, on a competitive basis in order to pay

for the Federal share of the cost of projects to develop or

redesign teacher preparation programs to enable prospective

teachers to use advanced technology effectively in their

classrooms.

(2) Period of awards

The Secretary may award grants, or enter into contracts or

cooperative agreements, under this part for periods that are not

more than 5 years in duration.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 221, as added Pub. L. 107-110,

title X, Sec. 1051(3), Jan. 8, 2002, 115 Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 1041, Pub. L. 89-329, title II, Sec. 231, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1386; amended Pub. L. 99-498, title II, Sec. 204(b)(2), 206, Oct.

17, 1986, 100 Stat. 1289; Pub. L. 102-325, title II, Sec. 201, July

23, 1992, 106 Stat. 470, authorized grants to institutions with

major research libraries, prior to repeal by Pub. L. 104-208, div.

A, title I, Sec. 101(e) (title VII, Sec. 708(b)), Sept. 30, 1996,

110 Stat. 3009-233, 3009-312.

Another prior section 1041, Pub. L. 89-329, title II, Sec. 231,

as added Pub. L. 94-482, title I, Sec. 107, Oct. 12, 1976, 90 Stat.

2090, set out the Congressional statement of findings and purpose

for the research library resources strengthening program, prior to

the general amendment of this subchapter by Pub. L. 96-374.

Another prior section 1041, Pub. L. 89-329, title II, Sec. 231,

Nov. 8, 1965, 79 Stat. 1228; Pub. L. 90-575, title II, Sec. 217,

218, Oct. 16, 1968, 82 Stat. 1037; Pub. L. 92-318, title I, Sec.

114(a), June 23, 1972, 86 Stat. 240, authorized appropriations for

assistance to Library of Congress for acquisition of Library

material, prior to the general amendment of former part C of this

subchapter by Pub. L. 94-482, title I, Sec. 107, Oct. 12, 1976, 90

Stat. 2090.

A prior section 221 of Pub. L. 89-329 was classified to section

1031 of this title, prior to repeal by Pub. L. 104-208.

Another prior section 221 of Pub. L. 89-329 was classified to

section 1031 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

Another prior section 221 of Pub. L. 89-329 was classified to

section 1031 of this title, prior to repeal by Pub. L. 92-318.

EFFECTIVE DATE

Part effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as a note under section 6301 of this

title.

-CITE-

20 USC Sec. 1042 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part B - Preparing Tomorrow's Teachers To Use Technology

-HEAD-

Sec. 1042. Eligibility

-STATUTE-

(a) Eligible applicants

In order to receive a grant or enter into a contract or

cooperative agreement under this part, an applicant shall be a

consortium that includes the following:

(1) At least one institution of higher education that awards

baccalaureate degrees and prepares teachers for their initial

entry into teaching.

(2) At least one State educational agency or local educational

agency.

(3) One or more of the following entities:

(A) An institution of higher education (other than the

institution described in paragraph (1)).

(B) A school or department of education at an institution of

higher education.

section 1021(b) of this title) at an institution of higher

education.

(D) A professional association, foundation, museum, library,

for-profit business, public or private nonprofit organization,

community-based organization, or other entity, with the

capacity to contribute to the technology-related reform of

teacher preparation programs.

(b) Application requirements

In order to receive a grant or enter into a contract or

cooperative agreement under this part, an eligible applicant shall

submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary may

require. Such application shall include the following:

(1) A description of the proposed project, including how the

project would -

(A) ensure that individuals participating in the project

would be prepared to use advanced technology to prepare all

students, including groups of students who are underrepresented

in technology-related fields and groups of students who are

economically disadvantaged, to meet challenging State and local

academic content and student academic achievement standards;

and

(B) improve the ability of at least one participating

institution of higher education described in subsection (a)(1)

of this section to ensure such preparation.

(2) A demonstration of -

(A) the commitment, including the financial commitment, of

each of the members of the consortium for the proposed project;

and

(B) the active support of the leadership of each organization

that is a member of the consortium for the proposed project.

(3) A description of how each member of the consortium will

participate in project activities.

(4) A description of how the proposed project will be continued

after Federal funds are no longer awarded under this part for the

project.

(5) A plan for the evaluation of the project, which shall

include benchmarks to monitor progress toward specific project

objectives.

(1) In general

The Federal share of the cost of any project funded under this

part shall not exceed 50 percent. Except as provided in

paragraph (2), the non-Federal share of the cost of such project

may be provided in cash or in kind, fairly evaluated, including

services.

(2) Acquisition of equipment

Not more than 10 percent of the funds awarded for a project

under this part may be used to acquire equipment, networking

capabilities, or infrastructure, and the non-Federal share of the

cost of any such acquisition shall be provided in cash.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 222, as added Pub. L. 107-110,

title X, Sec. 1051(3), Jan. 8, 2002, 115 Stat. 2081.)

-MISC1-

PRIOR PROVISIONS

A prior section 1042, Pub. L. 89-329, title II, Sec. 232, as

added Pub. L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat.

1386; amended Pub. L. 102-325, title II, Sec. 201, July 23, 1992,

106 Stat. 471, required Secretary to endeavor to achieve broad and

equitable geographical distribution of grants, prior to repeal by

Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII, Sec.

708(b)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

Another prior section 1042, Pub. L. 89-329, title II, Sec. 232,

as added Pub. L. 94-482, title I, Sec. 107, Oct. 12, 1976, 90 Stat.

2090; amended Pub. L. 96-49, Sec. 3(b), Aug. 13, 1979, 93 Stat.

351, which authorized appropriations through fiscal year 1980, was

omitted in the general amendment of this subchapter by Pub. L.

96-374.

Another prior section 1042, Pub. L. 89-329, title II, Sec. 232,

as added Pub. L. 92-318, title I, Sec. 115(a), June 23, 1972, 86

Stat. 241, which required an evaluation and report to Congressional

committees by the Librarian of the Congress, was omitted in the

general amendment of former part C of this subchapter by Pub. L.

94-482, title I, Sec. 107, Oct. 12, 1976, 90 Stat. 2090.

A prior section 222 of Pub. L. 89-329 was classified to section

1032 of this title, prior to repeal by Pub. L. 104-208.

Another prior section 222 of Pub. L. 89-329 was classified to

section 1032 of this title, prior to repeal by Pub. L. 92-318.

Another prior section 222 of Pub. L. 89-329 was classified to

section 1033 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 section 1043 of this title.

-CITE-

20 USC Sec. 1043 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part B - Preparing Tomorrow's Teachers To Use Technology

-HEAD-

Sec. 1043. Use of funds

-STATUTE-

(a) Required uses

A consortium that receives a grant or enters into a contract or

cooperative agreement under this part shall use funds made

available under this part for -

(1) a project creating one or more programs that prepare

prospective teachers to use advanced technology to prepare all

students, including groups of students who are underrepresented

in technology-related fields and groups of students who are

economically disadvantaged, to meet challenging State and local

academic content and student academic achievement standards; and

(2) evaluating the effectiveness of the project.

(b) Permissible uses

The consortium may use funds made available under this part for a

project, described in the application submitted by the consortium

under this part, that carries out the purpose of this part, such as

the following:

(1) Developing and implementing high-quality teacher

preparation programs that enable educators -

(A) to learn the full range of resources that can be accessed

through the use of technology;

(B) to integrate a variety of technologies into curricula and

instruction in order to expand students' knowledge;

for use in instruction;

(D) to help students develop their technical skills; and

(E) to use technology to collect, manage, and analyze data to

improve teaching and decisionmaking.

(2) Developing alternative teacher development paths that

provide elementary schools and secondary schools with

well-prepared, technology-proficient educators.

(3) Developing achievement-based standards and assessments

aligned with the standards to measure the capacity of prospective

teachers to use technology effectively in their classrooms.

(4) Providing technical assistance to entities carrying out

other teacher preparation programs.

(5) Developing and disseminating resources and information in

order to assist institutions of higher education to prepare

teachers to use technology effectively in their classrooms.

(6) Subject to section 1042(c)(2) of this title, acquiring

technology equipment, networking capabilities, infrastructure,

software, and digital curricula to carry out the project.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 223, as added Pub. L. 107-110,

title X, Sec. 1051(3), Jan. 8, 2002, 115 Stat. 2082.)

-MISC1-

PRIOR PROVISIONS

A prior section 1043, Pub. L. 89-329, title II, Sec. 233, as

added Pub. L. 94-482, title I, Sec. 107, Oct. 12, 1976, 90 Stat.

2090, related to eligibility for assistance under research library

resources strengthening program, prior to the general amendment of

this subchapter by Pub. L. 96-374.

A prior section 223 of Pub. L. 89-329 was classified to section

1033 of this title, prior to repeal by Pub. L. 104-208.

Another prior section 223 of Pub. L. 89-329 was renumbered

section 222, and was classified to section 1033 of this title,

prior to the general amendment of this subchapter by Pub. L.

96-374.

Another prior section 223 of Pub. L. 89-329 was classified to

section 1034 of this title, prior to the general amendment of this

subchapter by Pub. L. 96-374.

-CITE-

20 USC Sec. 1044 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER II - TEACHER QUALITY ENHANCEMENT

Part B - Preparing Tomorrow's Teachers To Use Technology

-HEAD-

Sec. 1044. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

such sums as may be necessary for each of fiscal years 2002 and

2003.

-SOURCE-

(Pub. L. 89-329, title II, Sec. 224, as added Pub. L. 107-110,

title X, Sec. 1051(3), Jan. 8, 2002, 115 Stat. 2083.)

-MISC1-

PRIOR PROVISIONS

A prior section 1044, Pub. L. 89-329, title II, Sec. 234, as

added Pub. L. 94-482, title I, Sec. 107, Oct. 12, 1976, 90 Stat.

2090, related to regional balance in allocation of funds, prior to

the general amendment of this subchapter by Pub. L. 96-374.

A prior section 224 of Pub. L. 89-329 was classified to section

1034 of this title, prior to repeal by Pub. L. 104-208.

Another prior section 224 of Pub. L. 89-329 was classified to

section 1034 of this title, prior to repeal by Pub. L. 99-498.

Another prior section 224 of Pub. L. 89-329 was renumbered

section 223, and was classified to section 1034 of this title,

prior to the general amendment of this subchapter by Pub. L.

96-374.

Prior sections 1045 and 1046 were omitted in the general

amendment of this subchapter by Pub. L. 96-374.

Section 1045, Pub. L. 89-329, title II, Sec. 235, as added Pub.

L. 94-482, title I, Sec. 107, Oct. 12, 1976, 90 Stat. 2091, set out

limitations on grants as regards sectarian or religious use.

Section 1046, Pub. L. 89-329, title II, Sec. 236, as added Pub.

L. 94-482, title I, Sec. 107, Oct. 12, 1976, 90 Stat. 2091,

required consultations by grantees with State agencies.

A prior section 1047, Pub. L. 89-329, title II, Sec. 241, as

added Pub. L. 99-498, title II, Sec. 207, Oct. 17, 1986, 100 Stat.

1289; amended Pub. L. 102-325, title II, Sec. 201, July 23, 1992,

106 Stat. 471; Pub. L. 103-208, Sec. 2(a)(3), Dec. 20, 1993, 107

Stat. 2457, authorized Secretary to make grants to and enter into

contracts with eligible institutions, library organizations or

agencies to assist in strengthening library and information science

programs and libraries in historically black colleges and

universities and other minority-serving institutions, prior to

repeal by Pub. L. 104-208, div. A, title I, Sec. 101(e) (title

VII, Sec. 708(b)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-312.

Another prior section 1047 and prior sections 1047a to 1047j were

omitted in the general amendment of former part D of this

subchapter by Pub. L. 99-498.

Section 1047, Pub. L. 89-329, title II, Sec. 241, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1386, stated

congressional declaration of purpose.

Section 1047a, Pub. L. 89-329, title II, Sec. 242, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1387,

established National Periodical System Corporation.

Section 1047b, Pub. L. 89-329, title II, Sec. 243, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1387, related

to functions of National Periodical System Corporation.

Section 1047c, Pub. L. 89-329, title II, Sec. 244, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1387, related

to board of directors of National Periodical System Corporation.

Section 1047d, Pub. L. 89-329, title II, Sec. 245, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1388, related

to director and staff of National Periodical System Corporation.

Section 1047e, Pub. L. 89-329, title II, Sec. 246, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1388, related

to nonprofit nature of National Periodical System Corporation.

Section 1047f, Pub. L. 89-329, title II, Sec. 247, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1388, related

to authority of National Periodical System Corporation.

Section 1047g, Pub. L. 89-329, title II, Sec. 248, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1389, related

to congressional approval of design for national periodical system.

Section 1047h, Pub. L. 89-329, title II, Sec. 249, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1389, related

to effect of former part D of this subchapter on copyright law.

Section 1047i, Pub. L. 89-329, title II, Sec. 250, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1389, defined

terms used in former part D of this subchapter.

Section 1047j, Pub. L. 89-329, title II, Sec. 251, as added Pub.

L. 96-374, title II, Sec. 201, Oct. 3, 1980, 94 Stat. 1390,

authorized appropriations to carry out former part D of this

subchapter.

-CITE-

20 USC SUBCHAPTER III - INSTITUTIONAL AID 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER III - INSTITUTIONAL AID

-HEAD-

SUBCHAPTER III - INSTITUTIONAL AID

-COD-

CODIFICATION

Title III of the Higher Education Act of 1965, comprising this

subchapter, was originally enacted by Pub. L. 89-329, title III,

Nov. 8, 1965, 79 Stat. 1229, and amended by Pub. L. 89-752, Nov. 3,

1966, 80 Stat. 1240; 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. 96-49,

Aug. 13, 1979, 93 Stat. 351; Pub. L. 96-374, Oct. 3, 1980, 94 Stat.

1367; Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98-95,

Sept. 26, 1983, 97 Stat. 708; Pub. L. 98-312, June 12, 1984, 98

Stat. 233. Such title is shown herein, however, as having been

added by Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100

Stat. 1290, without reference to such intervening amendments

because of the extensive revision of title III by Pub. L. 99-498.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6951 of this title.

-CITE-

20 USC Sec. 1051 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER III - INSTITUTIONAL AID

-HEAD-

Sec. 1051. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds that -

(1) there are a significant number of institutions of higher

education serving high percentages of minority students and

students from low-income backgrounds, that face problems that

threaten their ability to survive;

(2) the problems relate to the management and fiscal operations

of certain institutions of higher education, as well as to an

inability to engage in long-range planning and development

activities, including endowment building;

(3) in order to be competitive and provide a high-quality

education for all, institutions of higher education should

improve their technological capacity and make effective use of

technology;

(4) the subchapter III program prior to 1985 did not always

meet the specific development needs of historically Black

colleges and universities and other institutions with large

concentrations of minority, low-income students;

(5) the solution of the problems of these institutions would

enable them to become viable, fiscally stable and independent,

thriving institutions of higher education;

(6) providing assistance to eligible institutions will enhance

the role of such institutions in providing access and quality

education to low-income and minority students;

(7) these institutions play an important role in the American

system of higher education, and there is a strong national

interest in assisting them in solving their problems and in

stabilizing their management and fiscal operations, and in

becoming financially independent; and

(8) there is a particular national interest in aiding those

institutions of higher education that have historically served

students who have been denied access to postsecondary education

because of race or national origin and whose participation in the

American system of higher education is in the Nation's interest

so that equality of access and quality of postsecondary education

opportunities may be enhanced for all students.

(b) Purpose

It is the purpose of this subchapter to assist such institutions

in equalizing educational opportunity through a program of Federal

assistance.

-SOURCE-

(Pub. L. 89-329, title III, Sec. 301, as added Pub. L. 99-498,

title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1290; amended Pub.

L. 102-325, title III, Sec. 301, July 23, 1992, 106 Stat. 472; Pub.

L. 103-208, Sec. 2(a)(4), Dec. 20, 1993, 107 Stat. 2457; Pub. L.

105-244, title III, Sec. 302, Oct. 7, 1998, 112 Stat. 1637.)

-MISC1-

PRIOR PROVISIONS

A prior section 1051, Pub. L. 89-329, title III, Sec. 301, as

added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.

1390, stated Congressional findings and purposes for program of

providing Federal assistance to institutions of higher education,

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

Another prior section 1051, Pub. L. 89-329, title III, Sec. 301,

Nov. 8, 1965, 79 Stat. 1229; Pub. L. 89-752, Sec. 10, Nov. 3, 1966,

80 Stat. 1243; Pub. L. 90-575, title II, Sec. 221, 222, Oct. 16,

1968, 82 Stat. 1038; Pub. L. 92-318, title I, Sec. 121(a), June 23,

1972, 86 Stat. 241; Pub. L. 94-482, title I, Sec. 111, Oct. 12,

1976, 90 Stat. 2091; Pub. L. 96-49, Sec. 4, Aug. 13, 1979, 93 Stat.

351, related to a program of special assistance to strengthen the

academic quality of developing institutions, prior to the general

revision of this subchapter by Pub. L. 96-374.

Prior sections 1052 to 1056 were omitted in the general revision

of this subchapter by Pub. L. 96-374.

Section 1052, Pub. L. 89-329, title III, Sec. 302, Nov. 8, 1965,

79 Stat. 1229; Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972,

86 Stat. 241; Pub. L. 93-380, title VIII, Sec. 832, Aug. 21, 1974,

88 Stat. 603; Pub. L. 94-482, title I, Sec. 112, Oct. 12, 1976, 90

Stat. 2091, related to eligibility for special assistance.

Section 1053, Pub. L. 89-329, title III, Sec. 303, Nov. 8, 1965,

79 Stat. 1230; Pub. L. 91-230, title IV, Sec. 401(h)(4), Apr. 13,

1970, 84 Stat. 174; Pub. L. 92-318, title I, Sec. 121(a), title

III, Sec. 301(a)(1), June 23, 1972, 86 Stat. 242, 326, provided for

the establishment of an Advisory Council on Developing

Institutions.

Section 1054, Pub. L. 89-329, title III, Sec. 304, Nov. 8, 1965,

79 Stat. 1230; Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972,

86 Stat. 243, authorized the Commissioner of Education to make

grants and awards.

Section 1055, Pub. L. 89-329, title III, Sec. 305, Nov. 8, 1965,

79 Stat. 1231; Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972,

86 Stat. 244, related to assistance to developing institutions

under other programs.

Section 1056, Pub. L. 89-329, title III, Sec. 306, as added Pub

L. 90-575, title II, Sec. 223(a), Oct. 16, 1968, 82 Stat. 1038;

amended Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972, 86

Stat. 245, prohibited the use of funds for religious activities.

AMENDMENTS

1998 - Pars. (3) to (8). Pub. L. 105-244 added par. (3) and

redesignated former pars. (3) to (7) as (4) to (8), respectively.

1993 - Subsec. (a)(2). Pub. L. 103-208 struck out the comma after

''planning''.

1992 - Subsec. (a)(1). Pub. L. 102-325, Sec. 301(1), amended par.

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

''many institutions of higher education in this era of declining

enrollments and scarce resources face problems which threaten their

ability to survive;''.

Subsec. (a)(2). Pub. L. 102-325, Sec. 301(2), struck out

''recruitment activities,'' after ''long-range planning,''.

Subsec. (a)(5). Pub. L. 102-325, Sec. 301(3), amended par. (5)

generally. Prior to amendment, par. (5) read as follows:

''providing a minimum level of assistance to all categories of

eligible institutions will assure the continued participation of

the institutions in the program established in this subchapter and

enhance their role in providing access and quality education to

low-income and minority students;''.

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

Section 5 of Pub. L. 103-208 provided that:

''(a) In general. - Except as otherwise provided therein or in

subsection (b) of this section, the amendments made by section 2 of

this Act (see Tables for classification) shall be effective as if

such amendments were included in the Higher Education Amendments of

1992 (Public Law 102-325), except that section 492 of the Act

(section 1098a of this title) shall not apply to the amendments

made by this Act (see Tables for classification).

''(b) Exceptions. -

''(1) Effective on October 1, 1993. - The amendments made by

the following subsections of section 2 of this Act shall be

effective on and after October 1, 1993: (b)(29), (j)(28),

(j)(36), and (j)(40) (amending sections 1070d-34, 1134e, 1134j,

and 1134q of this title).

''(2) Effective on date of enactment. - The amendments made by

the following subsections of section 2 of this Act shall be

effective on and after the date of enactment of this Act (Dec.

20, 1993): (b)(2), (b)(7), (b)(28), (c)(3), (c)(5), (c)(13)(B),

(c)(13)(C), (c)(18), (c)(30), (c)(62) (amending sections 1070a,

1070a-11, 1070d-33, 1075, 1077a, 1078, 1078-1, and 1085 of this

title).

''(3) Effective 30 days after enactment. - The amendments made

by the following subsections of section 2 of this Act shall be

effective on and after 30 days after the date of enactment of

this Act (Dec. 20, 1993): (c)(19), (c)(20), (c)(21), (c)(59)

(amending sections 1078 and 1085 of this title).

''(4) Effective 60 days after enactment. - The amendments made

by the following subsections of section 2 of this Act shall be

effective on and after 60 days after the date of enactment of

this Act (Dec. 20, 1993): (c)(31) and (c)(53) (amending sections

1078-1 and 1083 of this title).

''(5) Effective on April 1, 1994. - The amendments made by

section 2(c)(43)(B) of this Act (amending section 1078-8 of this

title) shall be effective on and after April 1, 1994.

''(6) Effective on July 1, 1994. - The amendments made by the

following subsection(s) of section 2 of this Act shall be

effective on and after July 1, 1994: (b)(25), (c)(2), (c)(13)(A),

(c)(29) (amending sections 1070b-2, 1075, 1078, and 1078-1 of

this title).

''(7) Cohort default data examinations. - The amendment made by

section 2(c)(60)(A) (amending section 1085 of this title) shall

be effective on and after October 1, 1994.

''(8) Cohort default rate determinations. - The amendments made

to subsection(s) (a)(3) and (m)(1)(B) of section 435 of this

(the) Act (section 1085(a)(3) and (m)(1)(B) of this title) shall

apply with respect to the determination (and appeals from

determinations) of cohort default rates for fiscal year 1989 and

any succeeding fiscal year.''

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.

EFFECTIVE DATE

Section 301(b) of Pub. L. 99-498 provided that: ''The amendment

made by subsection (a) (enacting this subchapter) shall take effect

July 1, 1987.''

-CITE-

20 USC Part A - Strengthening Institutions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER III - INSTITUTIONAL AID

Part A - Strengthening Institutions

-HEAD-

Part A - Strengthening Institutions

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1065, 1068, 1068a, 1068b,

1068c, 1068d, 1068h, 1070a-14, 1101d, 1124 of this title.

-CITE-

20 USC Sec. 1057 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER III - INSTITUTIONAL AID

Part A - Strengthening Institutions

-HEAD-

Sec. 1057. Program purpose

-STATUTE-

(a) General authorization

The Secretary shall carry out a program, in accordance with this

part, to improve the academic quality, institutional management,

and fiscal stability of eligible institutions, in order to increase

their self-sufficiency and strengthen their capacity to make a

substantial contribution to the higher education resources of the

Nation.

(b) Grants awarded; special consideration

(1) From the sums available for this part under section

1068h(a)(1) of this title, the Secretary may award grants to any

eligible institution with an application approved under section

1068 (FOOTNOTE 1) of this title in order to assist such an

institution to plan, develop, or implement activities that promise

to strengthen the institution.

(FOOTNOTE 1) See References in Text note below.

(2) Special consideration shall be given to any eligible

institution -

(A) which has endowment funds (other than any endowment fund

built under section 1065 of this title as in effect on September

30, 1986, and under part B of this subchapter) the market value

of which, per full-time equivalent student, is less than the

average current market value of the endowment funds, per

full-time equivalent student (other than any endowment fund built

under section 1065 of this title as in effect on September 30,

1986, and under part B of this subchapter) at similar

institutions; or

(B) which has expenditures per full-time equivalent student for

library materials which is less than the average of the

expenditures for library materials per full-time equivalent

student by other similarly situated institutions.

(3) Special consideration shall be given to applications which

propose, pursuant to the institution's plan, to engage in -

(A) faculty development;

(B) funds and administrative management;

(D) acquisition of equipment for use in strengthening funds

management and academic programs;

(E) joint use of facilities such as libraries and laboratories;

and

(F) student services.

Grants awarded under this section shall be used for 1 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, including the integration of computer technology into

institutional facilities to create smart buildings.

(3) Support of faculty exchanges, faculty development, and

faculty fellowships to assist in attaining advanced degrees in

the field of instruction of the faculty.

(4) Development and improvement of academic programs.

(5) Purchase of library books, periodicals, and other

educational materials, including telecommunications program

material.

(6) Tutoring, counseling, and student service programs designed

to improve academic success.

(7) Funds management, administrative management, and

acquisition of equipment for use in strengthening funds

management.

(8) Joint use of facilities, such as laboratories and

libraries.

(9) Establishing or improving a development office to

strengthen or improve contributions from alumni and the private

sector.

(10) Establishing or improving an endowment fund.

(11) Creating or improving facilities for Internet or other

distance learning academic instruction capabilities, including

purchase or rental of telecommunications technology equipment or

services.

(12) Other activities proposed in the application submitted

pursuant to subsection (c) (FOOTNOTE 2) that -

(FOOTNOTE 2) So in original.

(A) contribute to carrying out the purposes of the program

assisted under this part; and

(B) are approved by the Secretary as part of the review and

acceptance of such application.

(d) Endowment fund

(1) In general

An eligible institution may use not more than 20 percent of the

grant funds provided under this part to establish or increase an

endowment fund at such institution.

(2) Matching requirement

In order to be eligible to use grant funds in accordance with

paragraph (1), the eligible institution shall provide matching

funds from non-Federal sources, in an amount equal to or greater

than the Federal funds used in accordance with paragraph (1), for

the establishment or increase of the endowment fund.

(3) Comparability

The provisions of part C of this subchapter, 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 III, Sec. 311, as added Pub. L. 99-498,

title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1291; amended Pub.

L. 100-50, Sec. 2(a)(1), June 3, 1987, 101 Stat. 335; Pub. L.

105-244, title III, Sec. 301(c)(1), 303(a), Oct. 7, 1998, 112 Stat.

1636, 1638.)

-REFTEXT-

REFERENCES IN TEXT

Section 1068 of this title, referred to in subsec. (b)(1), was in

the original a reference to section 351 of Pub. L. 89-329 which was

translated as if it referred to section 391 of Pub. L. 89-329 to

reflect the probable intent of Congress. Pub. L. 105-244, title

III, Sec. 301(a)(2), (7), Oct. 7, 1998, 112 Stat. 1636, renumbered

sections 351 and 1021 of Pub. L. 89-329 as sections 391 and 351,

respectively, of Pub. L. 89-329, and those sections are classified

to sections 1067a and 1068, respectively, of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 1057, Pub. L. 89-329, title III, Sec. 311, as

added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.

1391, enumerated purposes and established grant authority for

program to strengthen eligible institutions, prior to the general

revision of this subchapter by Pub. L. 99-498.

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-244, Sec. 301(c)(1),

substituted ''section 1068h(a)(1)'' for ''section 1069f(a)(1)''.

Subsecs. (c), (d). Pub. L. 105-244, Sec. 303(a), added subsecs.

1987 - Subsec. (b)(1). Pub. L. 100-50 substituted ''section

1069f(a)(1) of this title'' for ''section 1069d(a)(1) 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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1068, 1068b, 1068c of

this title.

-CITE-

20 USC Sec. 1058 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER III - INSTITUTIONAL AID

Part A - Strengthening Institutions

-HEAD-

Sec. 1058. Definitions; eligibility

-STATUTE-

(a) Educational and general expenditures

For the purpose of this part, the term ''educational and general

expenditures'' means the total amount expended by an institution of

higher education 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 which the institution is required to pay by

law.

(b) Eligible institution

For the purpose of this part, the term ''eligible institution''

means -

(1) an institution of higher education -

(A) which has an enrollment of needy students as required by

subsection (c) (FOOTNOTE 1) of this section;

(FOOTNOTE 1) See References in Text note below.

(B) except as provided in section 1068a(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;

(i) legally authorized to provide, and provides within the

State, an educational program for which such institution

awards a bachelor's degree;

(ii) a junior or community college; or

(iii) the College of the Marshall Islands, the College of

Micronesia/Federated States of Micronesia, and Palau

Community College;

(D) which 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 which is, according to such an agency or association, making

reasonable progress toward accreditation;

(E) which meets such other requirements as the Secretary may

prescribe; and

(F) located in a State; and

(2) any branch of any institution of higher education described

under paragraph (1) which by itself satisfies the requirements

contained in subparagraphs (A) and (B) of such paragraph.

For purposes of the determination of whether an institution is an

eligible institution under this paragraph, the factor described

under paragraph (1)(A) shall be given twice the weight of the

factor described under paragraph (1)(B).

For the purpose of this part, the term ''endowment fund'' means a

fund that -

(1) is established by State law, by an institution of higher

education, or by a foundation that is exempt from Federal income

taxation;

(2) is maintained for the purpose of generating income for the

support of the institution; and

(3) does not include real estate.

(d) Enrollment of needy students

For the purpose of this part, the term ''enrollment of needy

students'' means an enrollment at an institution of higher

education or a junior or community college which includes -

(1) at least 50 percent of the degree students so enrolled who

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 being made (other than loans for which an

interest subsidy is paid pursuant to section 1078 of this title),

(2) a substantial percentage of students receiving Pell Grants

in the second fiscal year preceding the fiscal year for which

determination is being made, in comparison with the percentage of

students receiving 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 subdivision

is waived under section 1068a(a) of this title.

(e) Full-time equivalent students

For the purpose of this part, 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.

(f) Junior or community college

For the purpose of this part, the term ''junior or community

college'' means an institution of higher education -

(1) 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;

(2) that does not provide an educational program for which it

awards a bachelor's degree (or an equivalent degree); and

(3) that -

(A) provides an educational program of not less than 2 years

that is acceptable for full credit toward such a degree, or

(B) 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.

(g) Historically black college or university

For the purposes of this section, no historically black college

or university which is eligible for and receives funds under part B

of this subchapter is eligible for or may receive funds under this

part.

-SOURCE-

(Pub. L. 89-329, title III, Sec. 312, as added Pub. L. 99-498,

title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1292; amended Pub.

L. 100-50, Sec. 2(a)(2)-(6), June 3, 1987, 101 Stat. 335; Pub. L.

100-369, Sec. 10(a), July 18, 1988, 102 Stat. 837; Pub. L. 102-325,

title III, Sec. 302(a), (b), July 23, 1992, 106 Stat. 472; Pub. L.

103-208, Sec. 2(a)(5), Dec. 20, 1993, 107 Stat. 2457; Pub. L.

103-382, title III, Sec. 353, Oct. 20, 1994, 108 Stat. 3966; Pub.

L. 105-244, title III, Sec. 301(c)(2), 303(b), Oct. 7, 1998, 112

Stat. 1636, 1639.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (c) of this section, referred to in subsec. (b)(1)(A),

was redesignated subsec. (d) of this section and a new subsec. (c)

was added by Pub. L. 105-244, title III, Sec. 303(b), Oct. 7, 1998,

112 Stat. 1639.

-MISC2-

PRIOR PROVISIONS

A prior section 1058, Pub. L. 89-329, title III, Sec. 312, as

added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.

1391, defined terms used in this subchapter, prior to the general

revision of this subchapter by Pub. L. 99-498.

AMENDMENTS

1998 - Subsec. (b)(1)(B). Pub. L. 105-244, Sec. 301(c)(2)(A),

substituted ''section 1068a(b)'' for ''section 1067(b)''.

Subsec. (c). Pub. L. 105-244, Sec. 303(b)(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (c)(2). Pub. L. 105-244, Sec. 301(c)(2)(B), substituted

''section 1068a(a)'' for ''section 1067(a)''.

Subsecs. (d) to (g). Pub. L. 105-244, Sec. 303(b)(1),

redesignated subsecs. (c) to (f) as (d) to (g), respectively.

1994 - Subsec. (b)(1)(C). Pub. L. 103-382, Sec. 353(1), amended

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

follows: ''(C)(i) which is legally authorized to provide, and

provides within the State, an educational program for which it

awards a bachelor's degree, or (ii) which is a junior or community

college;''.

Subsec. (b)(1)(F). Pub. L. 103-382, Sec. 353(2), (3), added

subpar. (F).

1993 - Subsec. (c)(2). Pub. L. 103-208 inserted ''the'' after

''such institutions in''.

1992 - Subsec. (b)(1), (2). Pub. L. 102-325, Sec. 302(a)(1), (2),

inserted ''and'' at end of subpar. (D), struck out subpar. (E),

redesignated subpar. (F) as (E) and inserted ''and'' at end, and

substituted period for semicolon at end of par. (2). Prior to

amendment, subpar. (E) of par. (1) read as follows: ''except as

provided in section 1067(b) of this title which has, during the 5

academic years preceding the academic year for which it seeks

assistance under this part -

''(i) met the requirement of either subparagraph (C)(i) or

(C)(ii), or of both such subparagraphs (simultaneously or

consecutively); and

''(ii) met the requirement of subparagraph (D); and''.

Subsec. (b)(3) to (5). Pub. L. 102-325, Sec. 302(a)(3), struck

out pars. (3) to (5) which read as follows:

''(3) any institution of higher education which has an enrollment

of which at least 20 percent are Mexican American, Puerto Rican,

Cuban, or other Hispanic students, or combination thereof, and

which also satisfies the requirements of subparagraphs (A), (B),

(C), and (D) of paragraph (1);

''(4) any institution of higher education which has an enrollment

of at least 60 percent American Indian, or in the case of Alaska

natives, an enrollment of at least 5 percent, and which also

satisfies the requirements of subparagraphs (A), (B), (C), and (D)

of paragraph (1); and

''(5) any institution of higher education which has an enrollment

of which at least 5 percent are Native Hawaiian, Asian American,

American Samoan, Micronesian, Guamian (Chamorro), and Northern

Marianian, or any combination thereof, and which also satisfies the

requirements of subparagraphs (A), (B), (C), and (D) of paragraph

(1).''

Subsec. (c)(2). Pub. L. 102-325, Sec. 302(b), substituted

''second fiscal year preceding the fiscal year for which the

determination is made, unless the requirement'' for ''second

preceding fiscal year, unless the requirement''.

1988 - Subsec. (f). Pub. L. 100-369 added subsec. (f).

1987 - Subsec. (b)(1)(C), (D). Pub. L. 100-50, Sec. 2(a)(2)(A),

inserted ''which'' before ''is'' wherever appearing.

Subsec. (b)(1)(E). Pub. L. 100-50, Sec. 2(a)(2)(B), inserted

''which'' before ''has''.

Subsec. (b)(1)(F). Pub. L. 100-50, Sec. 2(a)(2)(C), inserted

''which'' before ''meets''.

Subsec. (b)(3), (5). Pub. L. 100-50, Sec. 2(a)(3), (4),

substituted ''subparagraphs (A), (B), (C), and (D)'' for

''subparagraphs (A) and (B)''.

Subsec. (c)(1). Pub. L. 100-50, Sec. 2(a)(5), inserted ''in the

second fiscal year preceding the fiscal year for which the

determination is being made'' after ''chapter 34 of title 42''.

Subsec. (c)(2). Pub. L. 100-50, Sec. 2(a)(6), substituted

''fiscal year preceding the fiscal year for which determination is

being made'' for ''preceding fiscal year'' and ''second preceding

fiscal year'' for ''such fiscal year''.

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 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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1059c, 1059d, 1063a,

1065, 1068, 1068a of this title; title 10 section 2194; title 25

sections 1616h, 1809.

-CITE-

20 USC Sec. 1059 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER III - INSTITUTIONAL AID

Part A - Strengthening Institutions

-HEAD-

Sec. 1059. Duration of grant

-STATUTE-

(a) Award period

The Secretary may award a grant to an eligible institution under

this part for 5 years.

(b) Limitations

In awarding grants under this part the Secretary shall give

priority to applicants who are not already receiving a grant under

this part, except that for the purpose of this subsection a grant

under subsection (c) of this section and a grant under section

1068c(a)(1) of this title shall not be considered a grant under

this part.

Notwithstanding subsection (a) of this section, the Secretary may

award a grant to an eligible institution under this part for a

period of one year for the purpose of preparation of plans and

applications for a grant under this part.

(d) Wait-out-period

Each eligible institution that received a grant under this part

for a 5-year period shall not be eligible to receive an additional

grant under this part until 2 years after the date on which the

5-year grant period terminates.

-SOURCE-

(Pub. L. 89-329, title III, Sec. 313, as added Pub. L. 99-498,

title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1294; amended Pub.

L. 102-325, title III, Sec. 302(c), July 23, 1992, 106 Stat. 472;

Pub. L. 103-208, Sec. 2(a)(6), Dec. 20, 1993, 107 Stat. 2457; Pub.

L. 105-244, title III, Sec. 301(c)(3), 303(c), Oct. 7, 1998, 112

Stat. 1637, 1639.)

-MISC1-

PRIOR PROVISIONS

A prior section 1059, Pub. L. 89-329, title III, Sec. 313, as

added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.

1392, provided for duration of grants under this part, prior to the

general revision of this subchapter by Pub. L. 99-498.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-244, Sec. 303(c)(1), inserted

''subsection (c) of this section and a grant under'' after ''this

subsection a grant under''.

Pub. L. 105-244, Sec. 301(c)(3), substituted ''section

1068c(a)(1)'' for ''section 1069(a)(1)''.

Subsec. (d). Pub. L. 105-244, Sec. 303(c)(2), added subsec. (d).

1993 - Subsec. (b). Pub. L. 103-208 inserted before period at end

'', except that for the purpose of this subsection a grant under

section 1069(a)(1) of this title shall not be considered a grant

under this part''.

1992 - Subsecs. (a), (b). Pub. L. 102-325 amended subsecs. (a)

and (b) generally, substituting present provisions for provisions

which related: in subsec. (a), to the awarding of grants for not to

exceed 3, 4, or 5 years; and in subsec. (b), to waiting periods for

awarding of subsequent grants.

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 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 sections 1059c, 1059d, 1068c of

this title.

-CITE-

20 USC Sec. 1059a 01/06/03

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País:	Estados Unidos

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

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