Legislación
US (United States) Code. Title 20. Chapter 28: Higher education resources and student assistance
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TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part A - Strengthening Institutions
-HEAD-
Sec. 1059a. Applications
-STATUTE-
Each eligible institution desiring to receive assistance under
this part shall submit an application in accordance with the
requirements of section 1068 of this title.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 314, as added Pub. L. 105-244,
title III, Sec. 303(d), Oct. 7, 1998, 112 Stat. 1639.)
-MISC1-
PRIOR PROVISIONS
A prior section 1059a, Pub. L. 89-329, title III, Sec. 314, as
added Pub. L. 100-50, Sec. 2(b), June 3, 1987, 101 Stat. 336,
related to application review process, prior to repeal by Pub. L.
105-244, Sec. 3, title III, Sec. 303(d), Oct. 7, 1998, 112 Stat.
1585, 1639, effective Oct. 1, 1998.
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
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20 USC Sec. 1059b 01/06/03
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TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part A - Strengthening Institutions
-HEAD-
Sec. 1059b. Goals for financial management and academic program
-STATUTE-
(a) Goals
Any application for a grant under this part shall describe
measurable goals for the institution's financial management and
academic programs, and include a plan of how the applicant intends
to achieve those goals.
(b) Continuation requirements
Any continuation application shall demonstrate the progress made
toward achievement of the goals described pursuant to subsection
(a) of this section.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 315, as added Pub. L. 102-325,
title III, Sec. 302(d)(1), July 23, 1992, 106 Stat. 472.)
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EFFECTIVE DATE
Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section
1001 of this title.
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20 USC Sec. 1059c 01/06/03
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TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part A - Strengthening Institutions
-HEAD-
Sec. 1059c. American Indian tribally controlled colleges and
universities
-STATUTE-
(a) Program authorized
The Secretary shall provide grants and related assistance to
Indian Tribal Colleges and Universities to enable such institutions
to improve and expand their capacity to serve Indian students.
(b) Definitions
In this section:
(1) Indian
The term ''Indian'' has the meaning given the term in section
1801 of title 25.
(2) Indian tribe
The term ''Indian tribe'' has the meaning given the term in
section 1801 of title 25.
(3) Tribal College or University
The term ''Tribal College or University'' has the meaning give
the term ''tribally controlled college or university'' in section
1801 of title 25, and includes an institution listed in the
Equity in Educational Land Grant Status Act of 1994.
(4) Institution of higher education
The term ''institution of higher education'' means an
institution of higher education as defined in section 1001(a) of
this title, except that paragraph (2) of such section shall not
apply.
(c) Authorized activities
(1) In general
Grants awarded under this section shall be used by Tribal
Colleges or Universities to assist such institutions to plan,
develop, undertake, and carry out activities to improve and
expand such institutions' capacity to serve Indian students.
(2) Examples of authorized activities
The activities described in paragraph (1) may include -
(A) purchase, rental, or lease of scientific or laboratory
equipment for educational purposes, including instructional and
research purposes;
(B) construction, maintenance, renovation, and improvement in
classrooms, libraries, laboratories, and other instructional
facilities, including purchase or rental of telecommunications
technology equipment or services;
(C) support of faculty exchanges, faculty development, and
faculty fellowships to assist in attaining advanced degrees in
the faculty's field of instruction;
(D) academic instruction in disciplines in which Indians are
underrepresented;
(E) purchase of library books, periodicals, and other
educational materials, including telecommunications program
material;
(F) tutoring, counseling, and student service programs
designed to improve academic success;
(G) funds management, administrative management, and
acquisition of equipment for use in strengthening funds
management;
(H) joint use of facilities, such as laboratories and
libraries;
(I) establishing or improving a development office to
strengthen or improve contributions from alumni and the private
sector;
(J) establishing or enhancing a program of teacher education
designed to qualify students to teach in elementary schools or
secondary schools, with a particular emphasis on teaching
Indian children and youth, that shall include, as part of such
program, preparation for teacher certification;
(K) establishing community outreach programs that encourage
Indian elementary school and secondary school students to
develop the academic skills and the interest to pursue
postsecondary education; and
(L) other activities proposed in the application submitted
pursuant to subsection (d) of this section that -
(i) contribute to carrying out the activities described in
subparagraphs (A) through (K); and
(ii) are approved by the Secretary as part of the review
and acceptance of such application.
(3) Endowment fund
(A) In general
A Tribal College or University may use not more than 20
percent of the grant funds provided under this section to
establish or increase an endowment fund at the institution.
(B) Matching requirement
In order to be eligible to use grant funds in accordance with
subparagraph (A), the Tribal College or University shall
provide matching funds, in an amount equal to the Federal funds
used in accordance with subparagraph (A), for the establishment
or increase of the endowment fund.
(C) 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 paragraph,
shall apply to funds used under subparagraph (A).
(d) Application process
(1) Institutional eligibility
To be eligible to receive assistance under this section, a
Tribal College or University shall be an eligible institution
under section 1058(b) of this title.
(2) Application
Any Tribal College or University desiring to receive assistance
under this section shall submit an application to the Secretary
at such time, and in such manner, as the Secretary may by
regulation reasonably require. The Secretary shall, to the
extent possible, prescribe a simplified and streamlined format
for such applications that takes into account the limited number
of institutions that are eligible for assistance under this
section. Each such application shall include -
(A) a 5-year plan for improving the assistance provided by
the Tribal College or University to Indian students, increasing
the rates at which Indian secondary school students enroll in
higher education, and increasing overall postsecondary
retention rates for Indian students; and
(B) such enrollment data and other information and assurances
as the Secretary may require to demonstrate compliance with
paragraph (1).
(3) Special rules
(A) Eligibility
No Tribal College or University that receives funds under
this section shall concurrently receive funds under other
provisions of this part or part B of this subchapter.
(B) Exemption
Section 1059(d) of this title shall not apply to institutions
that are eligible to receive funds under this section.
(C) Distribution
In awarding grants under this section, the Secretary shall,
to the extent possible and consistent with the competitive
process under which such grants are awarded, ensure maximum and
equitable distribution among all eligible institutions.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 316, as added Pub. L. 102-325,
title III, Sec. 302(d)(1), July 23, 1992, 106 Stat. 473; amended
Pub. L. 103-208, Sec. 2(a)(7), Dec. 20, 1993, 107 Stat. 2457; Pub.
L. 105-244, title III, Sec. 303(e), Oct. 7, 1998, 112 Stat. 1639;
Pub. L. 106-211, Sec. 1(a), (b)(1), May 26, 2000, 114 Stat. 330.)
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REFERENCES IN TEXT
The Equity in Educational Land Grant Status Act of 1994, referred
to in subsec. (b)(3), means the Equity in Educational Land-Grant
Status Act of 1994, Pub. L. 103-382, title V, part C, Oct. 20,
1994, 108 Stat. 4048, as amended, which is set out as a note under
section 301 of Title 7, Agriculture.
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AMENDMENTS
2000 - Subsec. (d)(2). Pub. L. 106-211, Sec. 1(a), inserted after
first sentence ''The Secretary shall, to the extent possible,
prescribe a simplified and streamlined format for such applications
that takes into account the limited number of institutions that are
eligible for assistance under this section.''
Subsec. (d)(3). Pub. L. 106-211, Sec. 1(b)(1), added par. (3) and
struck out heading and text of former par. (3). Text read as
follows: ''For the purposes of this part, no Tribal College or
University that is eligible for and receives funds under this
section may concurrently receive other funds under this part or
part B of this subchapter.''
1998 - Pub. L. 105-244 amended section catchline and text
generally. Prior to amendment, text consisted of subsecs. (a) to
(e) authorizing grants and related assistance to Hispanic-serving
institutions to enable such institutions to improve and expand
their capacity to serve Hispanic and other low-income students.
1993 - Subsec. (c). Pub. L. 103-208 substituted ''(2) Examples of
authorized activities. - Such programs may include - '' for ''Such
programs may include - ''.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-211, Sec. 1(c), May 26, 2000, 114 Stat. 331, provided
that: ''The amendments made by this Act (amending this section and
section 1059d of this title) shall be effective on the date of the
enactment of this Act (May 26, 2000).''
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-208 effective as if included in the
Higher Education Amendments of 1992, Pub. L. 102-325, except as
otherwise provided, see section 5(a) of Pub. L. 103-208, set out as
a note under section 1051 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section
1001 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1068, 1068h of this
title; title 7 sections 1926, 2206a, 3103.
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20 USC Sec. 1059d 01/06/03
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TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part A - Strengthening Institutions
-HEAD-
Sec. 1059d. Alaska Native and Native Hawaiian-serving institutions
-STATUTE-
(a) Program authorized
The Secretary shall provide grants and related assistance to
Alaska Native-serving institutions and Native Hawaiian-serving
institutions to enable such institutions to improve and expand
their capacity to serve Alaska Natives and Native Hawaiians.
(b) Definitions
For the purpose of this section -
(1) the term ''Alaska Native'' has the meaning given the term
in section 7546 of this title;
(2) the term ''Alaska Native-serving institution'' means an
institution of higher education that -
(A) is an eligible institution under section 1058(b) of this
title; and
(B) at the time of application, has an enrollment of
undergraduate students that is at least 20 percent Alaska
Native students;
(3) the term ''Native Hawaiian'' has the meaning given the term
in section 7517 of this title; and
(4) the term ''Native Hawaiian-serving institution'' means an
institution of higher education which -
(A) is an eligible institution under section 1058(b) of this
title; and
(B) at the time of application, has an enrollment of
undergraduate students that is at least 10 percent Native
Hawaiian students.
(c) Authorized activities
(1) Types of activities authorized
Grants awarded under this section shall be used by Alaska
Native-serving institutions and Native Hawaiian-serving
institutions to assist such institutions to plan, develop,
undertake, and carry out activities to improve and expand such
institutions' capacity to serve Alaska Natives or Native
Hawaiians.
(2) Examples of authorized activities
Such programs may include -
(A) purchase, rental, or lease of scientific or laboratory
equipment for educational purposes, including instructional and
research purposes;
(B) renovation and improvement in classroom, library,
laboratory, and other instructional facilities;
(C) support of faculty exchanges, and faculty development and
faculty fellowships to assist in attaining advanced degrees in
the faculty's field of instruction;
(D) curriculum development and academic instruction;
(E) purchase of library books, periodicals, microfilm, and
other educational materials;
(F) funds and administrative management, and acquisition of
equipment for use in strengthening funds management;
(G) joint use of facilities such as laboratories and
libraries; and
(H) academic tutoring and counseling programs and student
support services.
(d) Application process
(1) Institutional eligibility
Each Alaska Native-serving institution and Native
Hawaiian-serving institution desiring to receive assistance under
this section shall submit to the Secretary such enrollment data
as may be necessary to demonstrate that the institution is an
Alaska Native-serving institution or a Native Hawaiian-serving
institution as defined in subsection (b) of this section, along
with such other information and data as the Secretary may by
regulation require.
(2) Applications
Any institution which is determined by the Secretary to be an
Alaska Native-serving institution or a Native Hawaiian-serving
institution may submit an application for assistance under this
section to the Secretary. The Secretary shall, to the extent
possible, prescribe a simplified and streamlined format for such
applications that takes into account the limited number of
institutions that are eligible for assistance under this
section. Such application shall include -
(A) a 5-year plan for improving the assistance provided by
the Alaska Native-serving institution or the Native
Hawaiian-serving institution to Alaska Native or Native
Hawaiian students; and
(B) such other information and assurance as the Secretary may
require.
(3) Special rules
(A) Eligibility
No Alaskan Native-serving institution or Native
Hawaiian-serving institution that receives funds under this
section shall concurrently receive funds under other provisions
of this part or part B of this subchapter.
(B) Exemption
Section 1059(d) of this title shall not apply to institutions
that are eligible to receive funds under this section.
(C) Distribution
In awarding grants under this section, the Secretary shall,
to the extent possible and consistent with the competitive
process under which such grants are awarded, ensure maximum and
equitable distribution among all eligible institutions.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 317, as added Pub. L. 105-244,
title III, Sec. 303(f), Oct. 7, 1998, 112 Stat. 1641; amended Pub.
L. 106-211, Sec. 1(a), (b)(2), May 26, 2000, 114 Stat. 330; Pub. L.
107-110, title VII, Sec. 702(a), Jan. 8, 2002, 115 Stat. 1946.)
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AMENDMENTS
2002 - Subsec. (b)(1). Pub. L. 107-110, Sec. 702(a)(1),
substituted ''section 7546'' for ''section 7938''.
Subsec. (b)(3). Pub. L. 107-110, Sec. 702(a)(2), substituted
''section 7517'' for ''section 7912''.
2000 - Subsec. (d)(2). Pub. L. 106-211, Sec. 1(a), inserted after
first sentence ''The Secretary shall, to the extent possible,
prescribe a simplified and streamlined format for such applications
that takes into account the limited number of institutions that are
eligible for assistance under this section.''
Subsec. (d)(3). Pub. L. 106-211, Sec. 1(b)(2), added par. (3).
Subsec. (e). Pub. L. 106-211, Sec. 1(b)(2), struck out heading
and text of subsec. (e). Text read as follows: ''For the purposes
of this section, no Alaska Native-serving institution or Native
Hawaiian-serving institution which is eligible for and receives
funds under this section may concurrently receive other funds under
this part or part B of 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.
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1068h, 1085 of this
title.
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20 USC Part B - Strengthening Historically Black Colleges
and Universities 01/06/03
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TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
.
-HEAD-
Part B - Strengthening Historically Black Colleges and Universities
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 1057, 1058, 1059c, 1059d,
1063c, 1065, 1068b, 1068c, 1068d, 1068h, 1070a, 1070a-14, 1085,
1101d, 1124, 1131 of this title.
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20 USC Sec. 1060 01/06/03
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TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
-HEAD-
Sec. 1060. Findings and purposes
-STATUTE-
The Congress finds that -
(1) the historically Black colleges and universities have
contributed significantly to the effort to attain equal
opportunity through postsecondary education for Black,
low-income, and educationally disadvantaged Americans;
(2) States and the Federal Government have discriminated in the
allocation of land and financial resources to support Black
public institutions under the Morrill Act of 1862 (7 U.S.C. 301
et seq.) and its progeny, and against public and private Black
colleges and universities in the award of Federal grants and
contracts, and the distribution of Federal resources under this
chapter and other Federal programs which benefit institutions of
higher education;
(3) the current state of Black colleges and universities is
partly attributable to the discriminatory action of the States
and the Federal Government and this discriminatory action
requires the remedy of enhancement of Black postsecondary
institutions to ensure their continuation and participation in
fulfilling the Federal mission of equality of educational
opportunity; and
(4) financial assistance to establish or strengthen the
physical plants, financial management, academic resources, and
endowments of the historically Black colleges and universities
are appropriate methods to enhance these institutions and
facilitate a decrease in reliance on governmental financial
support and to encourage reliance on endowments and private
sources.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 321, as added Pub. L. 99-498,
title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1294.)
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REFERENCES IN TEXT
The Morrill Act of 1862, referred to in par. (2), is act July 2,
1862, ch. 130, 12 Stat. 503, as amended, also known as the First
Morrill Act, which is classified generally to subchapter I (Sec.
301 et seq.) of chapter 13 of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set
out under section 301 of Title 7 and Tables.
This chapter, referred to in par. (2), 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.
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PRIOR PROVISIONS
A prior section 1060, Pub. L. 89-329, title III, Sec. 321, as
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.
1393, set out purpose and grant authority for program of aiding
institutions with special needs, prior to the general revision of
this subchapter by Pub. L. 99-498.
Another prior section 1060, Pub. L. 90-575, title V, Sec. 504,
Oct. 16, 1968, 82 Stat. 1062, related to eligibility for student
assistance because of conviction of crimes involving force,
disruption, or seizure of property of educational institution;
refusal to obey regulations or orders and disruption of
administration of institution; other misconduct, disciplinary
proceedings, and freedom of expression; and description of programs
covered by such disqualification, prior to repeal by Pub. L.
92-318, title I, Sec. 139B(b), June 23, 1972, 86 Stat. 282.
-EXEC-
EXECUTIVE ORDER NO. 12320
Ex. Ord. No. 12320, Sept. 15, 1981, 46 F.R. 46107, which provided
for the development of a Federal program to achieve a significant
increase in the participation by historically Black colleges and
universities in Federally sponsored programs, was revoked by Ex.
Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, formerly set out
below.
EXECUTIVE ORDER NO. 12677
Ex. Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, which provided
for the development of a Federal program to achieve a significant
increase in the participation by historically Black colleges and
universities in Federally sponsored programs, was revoked by Ex.
Ord. No. 12876, Sec. 13, Nov. 1, 1993, 58 F.R. 58735, formerly set
out below.
EXECUTIVE ORDER NO. 12876
Ex. Ord. No. 12876, Nov. 1, 1993, 58 F.R. 58735, which
established in the Department of Education the President's Board of
Advisors on Historically Black Colleges and Universities, a
Presidential advisory committee, was revoked by Ex. Ord. No. 13256,
Sec. 11, Feb. 12, 2002, 67 F.R. 6825, set out below.
EX. ORD. NO. 13256. PRESIDENT'S BOARD OF ADVISORS ON HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES
Ex. Ord. No. 13256, Feb. 12, 2002, 67 F.R. 6823, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, in order to advance
the development of the Nation's full human potential and to advance
equal opportunity in higher education, to strengthen the capacity
of historically black colleges and universities to provide the
highest quality education, and to increase opportunities for these
institutions to participate in and benefit from Federal programs,
as do other colleges and universities, it is hereby ordered as
follows:
Section 1. There is established, in the Office of the Secretary
of Education, a Presidential advisory committee entitled the
''President's Board of Advisors on Historically Black Colleges and
Universities'' (Board). The Board shall prepare and issue an annual
report to the President on the results of the participation of
historically black colleges and universities in Federal programs.
The Board also shall provide advice to the President and to the
Secretary of Education (Secretary) regarding the needs of
historically black colleges and universities in the areas of
infrastructure, academic programs, and faculty and institutional
development. In the annual report to the President, the Board
shall make recommendations on how to increase the private sector
role, including the role of private foundations, in strengthening
historically black colleges and universities. Particular emphasis
should also be given in the report to enhancing institutional
planning and development, strengthening fiscal stability and
financial management, and improving institutional infrastructure,
including the use of technology, to ensure the long-term viability
and enhancement of these institutions.
Sec. 2. The Board shall be appointed by the President. The Board
membership shall include sitting presidents of historically black
colleges and universities, representatives of other higher
education institutions, business and financial leaders,
representatives of private foundations, and secondary school
administrators. The President shall designate a Chair or Co-Chairs
from among the members.
Sec. 3. The White House Initiative on Historically Black Colleges
and Universities (Initiative), located in the Office of the
Secretary of Education, shall: (1) provide staff, resources, and
assistance to the Board; (2) assist the Secretary in performing the
liaison function between the executive branch and historically
black colleges and universities; and (3) serve the Secretary in
carrying out the responsibilities described in section 6 of this
order.
Sec. 4. To carry out this order, each executive department and
agency identified by the Secretary may, consistent with applicable
law and regulations, enter into appropriate grants, contracts, or
cooperative agreements with historically black colleges and
universities. The head of each department or agency so identified
shall establish an annual plan that will establish clear goals for
how the department or agency intends to increase the capacity of
historically black colleges and universities to compete effectively
for grants, contracts, or cooperative agreements and to encourage
historically black colleges and universities to participate in
Federal programs. The department's or agency's annual goal should
be clearly reflected in the department's or agency's annual budget
submission to the Office of Management and Budget. To facilitate
the attainment of these goals, the head of each department or
agency identified by the Secretary shall provide, as appropriate,
technical assistance and information to historically black colleges
and universities regarding the program activities of the department
or agency and the preparation of applications or proposals for
grants, contracts, or cooperative agreements.
Sec. 5. Each executive department and agency identified by the
Secretary shall appoint a senior official, who is a full-time
officer of the Federal Government, to report directly to the
department or agency head with respect to department or agency
activity under this order, and to serve as liaison to the Board and
to the Initiative. To the extent permitted by law and regulations,
each executive department and agency identified by the Secretary
shall provide appropriate information requested by the Board and
staff pursuant to the order.
Sec. 6. Each executive department and agency identified by the
Secretary shall develop an annual plan for, and shall document the
agency's effort in, increasing the capacity of historically black
colleges and universities to participate in Federal programs. Each
department's and agency's plan shall describe new or existing
department and agency programs and measurable objectives for
proposed department and agency actions, in connection with those
programs, to achieve the purposes of this order. These plans shall
be submitted at such time and in such form as the Secretary shall
require. In consultation with the participating departments and
agencies, the Secretary shall review the plans and develop, with
the advice of the Board, an integrated Annual Federal Plan for
Assistance to Historically Black Colleges and Universities for
submission to the President. The Secretary shall provide the
president of each historically black college and university with a
copy of, and an opportunity to comment on, the proposed Annual
Federal Plan prior to its submission to the President. Each
participating department and agency shall submit to the Secretary
an Annual Performance Report that shall measure each department's
and agency's performance against the objectives set forth in the
department's or agency's annual plan. The Secretary shall be
responsible for monitoring compliance with the Annual Federal Plan
after it is approved by the President.
Sec. 7. In developing its annual plan, each executive department
and agency identified by the Secretary shall emphasize programs and
activities that develop the capacity of historically black colleges
and universities to contribute to the development of human capital
and to strengthen America's economic and technological base
through: (1) infrastructure development and acquisitions for
instruction and research; (2) student and faculty doctoral
fellowships and faculty development; (3) domestic and international
faculty and student exchanges and study-abroad opportunities; (4)
undergraduate and graduate student internships; and (5) summer,
part-time, and permanent employment opportunities.
Sec. 8. Each year, the Board shall report to the President on the
progress achieved in enhancing the capacity of historically black
colleges and universities to serve their students, including
findings and recommendations for individual departments and
agencies in connection with their Annual Performance Reports, as
described in section 6 of this order.
Sec. 9. The Board, in consultation with the Department of
Education and other executive departments and agencies, shall
develop a Private Sector Strategy to assist historically black
colleges and universities in: (1) increasing voluntary
private-sector contributions to support the enhancement of
endowments and the overall financial stability of such
institutions; (2) improving and enhancing the quality and number of
private-sector partnerships focused on academic program
development, student achievement and faculty development,
cooperative research and development projects, and faculty
exchanges; and (3) improving information management, and
facilities, and strengthening academic course offerings.
Sec. 10. (a) The provisions in this Executive Order shall be
implemented to the fullest extent permitted by law.
(b) The Department of Education shall provide funding and
administrative support for the Board and the Initiative.
(c) Members of the Board shall serve without compensation, but
shall be reimbursed for all travel expenses, including per diem in
lieu of subsistence, as authorized by law;
(d) Insofar as the Federal Advisory Committee Act, as amended (5
App. U.S.C.), may apply to the Board, any functions of the
President under that Act, except for those in section 6 of that
Act, shall be performed by the Department of Education, in
accordance with the guidelines that have been issued by the
Administrator of General Services.
Sec. 11. Executive Order 12876 of November 1, 1993, as amended,
is hereby revoked. George W. Bush.
EXTENSION OF TERM OF PRESIDENT'S BOARD OF ADVISORS ON HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES
Term of President's Board of Advisors on Historically Black
Colleges and Universities extended until Sept. 30, 1997, by Ex.
Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out as
a note under section 14 of the Federal Advisory Committee Act in
the Appendix to Title 5, Government Organization and Employees.
Term of President's Board of Advisors on Historically Black
Colleges and Universities extended until Sept. 30, 1999, by Ex.
Ord. No. 13062, Sec. 1(e), Sept. 29, 1997, 62 F.R. 51755, formerly
set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5.
Term of President's Board of Advisors on Historically Black
Colleges and Universities extended until Sept. 30, 2001, by Ex.
Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, formerly set out as
a note under section 14 of the Federal Advisory Committee Act in
the Appendix to Title 5.
Term of President's Board of Advisors on Historically Black
Colleges and Universities extended until Sept. 30, 2003, by Ex.
Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, set out as a note
under section 14 of the Federal Advisory Committee Act in the
Appendix to Title 5.
DETERMINATIONS REGARDING PRESIDENT'S BOARD OF ADVISORS
Memorandum of the President of the United States, Aug. 17, 1990,
55 F.R. 46491, provided:
Memorandum for the Secretary of Education
By virtue of the authority vested in me as President by the
Constitution and the laws of the United States of America,
including section 208 of title 18 of the United States Code and
section 301 of title 3 of the United States Code, I hereby delegate
to the Secretary of Education my authority to make determinations
under subsection (b) of section 208 of title 18, United States
Code, for the members of the President's Board of Advisors on
Historically Black Colleges and Universities, established pursuant
to Executive Order 12677 of April 28, 1989 (formerly set out
above).
This memorandum shall be published in the Federal Register.
George Bush.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1061 of this title.
-CITE-
20 USC Sec. 1061 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
-HEAD-
Sec. 1061. Definitions
-STATUTE-
For the purpose of this part:
(1) The term ''graduate'' means an individual who has attended
an institution for at least three semesters and fulfilled
academic requirements for undergraduate studies in not more than
5 consecutive school years.
(2) The term ''part B institution'' means any historically
Black college or university that was established prior to 1964,
whose principal mission was, and is, the education of Black
Americans, and that is accredited by a nationally recognized
accrediting agency or association determined by the Secretary to
be a reliable authority as to the quality of training offered or
is, according to such an agency or association, making reasonable
progress toward accreditation,, (FOOTNOTE 1) except that any
branch campus of a southern institution of higher education that
prior to September 30, 1986, received a grant as an institution
with special needs under section 1060 of this title and was
formally recognized by the National Center for Education
Statistics as a Historically Black College or University but was
determined not to be a part B institution on or after October 17,
1986, shall, from July 18, 1988, be considered a part B
institution.
(FOOTNOTE 1) So in original.
(3) The term ''Pell Grant recipient'' means a recipient of
financial aid under subpart 1 of part A of subchapter IV of this
chapter.
(4) The term ''professional and academic areas in which Blacks
are underrepresented'' shall be determined by the Secretary and
the Commissioner of the Bureau of Labor Statistics, on the basis
of the most recent available satisfactory data, as professional
and academic areas in which the percentage of Black Americans who
have been educated, trained, and employed is less than the
percentage of Blacks in the general population.
(5) The term ''school year'' means the period of 12 months
beginning July 1 of any calendar year and ending June 30 of the
following calendar year.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 322, as added Pub. L. 99-498,
title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1294; amended Pub.
L. 100-369, Sec. 10(c), July 18, 1988, 102 Stat. 838.)
-MISC1-
PRIOR PROVISIONS
A prior section 1061, Pub. L. 89-329, title III, Sec. 322, as
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.
1393, defined terms used in this part, prior to the general
revision of this subchapter by Pub. L. 99-498.
Another prior section 1061, Pub. L. 89-329, title IV, Sec. 401,
Nov. 8, 1965, 79 Stat. 1232; Pub. L. 90-575, title I, Sec. 101(a),
(b)(1), Oct. 16, 1968, 82 Stat. 1017; Pub. L. 91-95, Sec. 4, Oct.
22, 1969, 83 Stat. 143; Pub. L. 92-318, title I, Sec. 131(a)(1)(A),
June 23, 1972, 86 Stat. 247, related to statement of purpose and
authorization of appropriations for educational opportunity grants,
prior to the general revision of part A of subchapter IV of this
chapter by Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972,
86 Stat. 247.
AMENDMENTS
1988 - Par. (2). Pub. L. 100-369 inserted '',, except that any
branch campus of a southern institution of higher education that
prior to September 30, 1986, received a grant as an institution
with special needs under section 1060 of this title and was
formally recognized by the National Center for Education Statistics
as a Historically Black College or University but was determined
not to be a part B institution on or after October 17, 1986, shall,
from July 18, 1988, be considered a part B institution'' after
''accreditation''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1085, 1131-1, 1131a,
1131c, 9501 of this title; title 25 section 1809; title 29 section
718; title 42 sections 1862d, 3032a, 5197h.
-CITE-
20 USC Sec. 1062 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
-HEAD-
Sec. 1062. Grants to institutions
-STATUTE-
(a) General authorization; uses of funds
From amounts available under section 1069f(a)(2) (FOOTNOTE 1) of
this title in any fiscal year the Secretary shall make grants
(under section 1063 of this title) to institutions which have
applications approved by the Secretary (under section 1063a of this
title) for any of the following uses:
(FOOTNOTE 1) See References in Text note below.
(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
classroom, library, laboratory, and other instructional
facilities, including purchase or rental of telecommunications
technology equipment or services.
(3) Support of faculty exchanges, and faculty development and
faculty fellowships to assist in attaining advanced degrees in
their field of instruction.
(4) Academic instruction in disciplines in which Black
Americans are underrepresented.
(5) Purchase of library books, periodicals, microfilm, and
other educational materials, including telecommunications program
materials.
(6) Tutoring, counseling, and student service programs designed
to improve academic success.
(7) Funds and 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 enhancing a program of teacher education
designed to qualify students to teach in a public elementary or
secondary school in the State that shall include, as part of such
program, preparation for teacher certification.
(11) Establishing community outreach programs which will
encourage elementary and secondary students to develop the
academic skills and the interest to pursue postsecondary
education.
(12) Other activities proposed in the application submitted
pursuant to section 1063a of this title that -
(A) contribute to carrying out the purposes of this part; and
(B) are approved by the Secretary as part of the review and
acceptance of such application.
(b) Endowment fund
(1) In general
An institution may use not more than 20 percent of the grant
funds provided under this part to establish or increase an
endowment fund at the 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).
(c) Limitations
(1) No grant may be made under this chapter for any educational
program, activity, or service related to sectarian instruction or
religious worship, or provided by a school or department of
divinity. For the purpose of this subsection, the term ''school or
department of divinity'' means an institution whose program is
specifically for the education of students to prepare them to
become ministers of religion or to enter upon some other religious
vocation, or to prepare them to teach theological subjects.
(2) Not more than 50 percent of the allotment of any institution
may be available for the purpose of constructing or maintaining a
classroom, library, laboratory, or other instructional facility.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 323, as added Pub. L. 99-498,
title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1295; amended Pub.
L. 100-50, Sec. 2(a)(7), June 3, 1987, 101 Stat. 335; Pub. L.
100-369, Sec. 10(b), July 18, 1988, 102 Stat. 838; Pub. L. 102-325,
title III, Sec. 303(a), (b), July 23, 1992, 106 Stat. 474, 475;
Pub. L. 103-208, Sec. 2(a)(8), Dec. 20, 1993, 107 Stat. 2457; Pub.
L. 105-244, title III, Sec. 304(a), Oct. 7, 1998, 112 Stat. 1642.)
-REFTEXT-
REFERENCES IN TEXT
Section 1069f(a)(2) of this title, referred to in subsec. (a),
was in the original a reference to section 360(a)(2) of Pub. L.
89-329. Section 360 of Pub. L. 89-329 was renumbered section 399 of
Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct.
7, 1998, 112 Stat. 1636, and was transferred to section 1068h of
this title.
This chapter, referred to in subsec. (c)(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 1062, Pub. L. 89-329, title III, Sec. 323, as
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.
1395, provided for duration of grants to institutions with special
needs, prior to the general revision of this subchapter by Pub. L.
99-498.
Another prior section 1062, Pub. L. 89-329, title IV, Sec. 402,
Nov. 8, 1965, 79 Stat. 1232; Pub. L. 90-575, title I, Sec. 102,
Oct. 16, 1968, 82 Stat. 1017, related to determination of amount of
grant and establishment of basic criteria or schedules, prior to
the general revision of part A of subchapter IV of this chapter by
Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86 Stat.
247.
AMENDMENTS
1998 - Subsecs. (b), (c). Pub. L. 105-244, Sec. 304(a)(1), (2),
added subsec. (b) and redesignated former subsec. (b) as (c).
Subsec. (c)(3). Pub. L. 105-244, Sec. 304(a)(3), struck out par.
(3) which read as follows: ''The Secretary shall not award a grant
under this part for telecommunications technology equipment,
facilities or services, if such equipment, facilities or services
are available pursuant to section 396(k) of title 47.''
1993 - Subsec. (b)(3). Pub. L. 103-208 realigned margin.
1992 - Subsec. (a)(2). Pub. L. 102-325, Sec. 303(a)(1), inserted
'', including purchase or rental of telecommunications technology
equipment or services'' after ''facilities''.
Subsec. (a)(5). Pub. L. 102-325, Sec. 303(a)(2), inserted '',
including telecommunications program materials'' after
''materials''.
Subsec. (a)(9) to (12). Pub. L. 102-325, Sec. 303(a)(3), added
pars. (9) to (12).
Subsec. (b)(3). Pub. L. 102-325, Sec. 303(b), added par. (3).
1988 - Subsec. (a)(3). Pub. L. 100-369, Sec. 10(b)(1), inserted
'', and faculty development'' after ''exchanges''.
Subsec. (a)(7), (8). Pub. L. 100-369, Sec. 10(b)(2), added pars.
(7) and (8).
1987 - Subsec. (a). Pub. L. 100-50 substituted ''section
1069f(a)(2) of this title'' for ''section 1069d(a)(2) 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 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 1063a, 1068, 1068b, 1068c
of this title.
-CITE-
20 USC Sec. 1063 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
-HEAD-
Sec. 1063. Allotments to institutions
-STATUTE-
(a) Allotment; Pell Grant basis
From the amounts appropriated to carry out this part for any
fiscal year, the Secretary shall allot to each part B institution a
sum which bears the same ratio to one-half that amount as the
number of Pell Grant recipients in attendance at such institution
at the end of the school year preceding the beginning of that
fiscal year bears to the total number of Pell Grant recipients at
all part B institutions.
(b) Allotment; graduates basis
From the amounts appropriated to carry out this part for any
fiscal year, the Secretary shall allot to each part B institution a
sum which bears the same ratio to one-fourth that amount as the
number of graduates for such school year at such institution bears
to the total number of graduates for such school year at all part B
institutions.
(c) Allotment; graduate and professional student basis
From the amounts appropriated to carry out this part for any
fiscal year, the Secretary shall allot to each part B institution a
sum which bears the same ratio to one-fourth of that amount as the
percentage of graduates per institution, who are admitted to and in
attendance at, within 5 years of graduation with a baccalaureate
degree, a graduate or professional school in a degree program in
disciplines in which Blacks are underrepresented, bears to the
percentage of such graduates per institution for all part B
institutions.
(d) Minimum allotment
(1) Notwithstanding subsections (a), (b), and (c) of this
section, the amount allotted to each part B institution under this
section shall not be less than $500,000.
(2) If the amount appropriated pursuant to section 1069f(a)(2)(A)
(FOOTNOTE 1) of this title for any fiscal year is not sufficient to
pay the minimum allotment required by paragraph (1) of this
subsection to all part B institutions, the amount of such minimum
allotments shall be ratably reduced. If additional sums become
available for such fiscal year, such reduced allocation shall be
increased on the same basis as they were reduced (until the amount
allotted equals the minimum allotment required by paragraph (1)).
(FOOTNOTE 1) See References in Text note below.
(e) Reallotment
The amount of any part B institution's allotment under subsection
(a), (b), (c), or (d) of this section for any fiscal year which the
Secretary determines will not be required for such institution for
the period such allotment is available shall be available for
reallotment from time to time on such date during such period as
the Secretary may determine to other part B institutions in
proportion to the original allotment to such other institutions
under this section for such fiscal year.
(f) Special merger rule
(1) The Secretary shall permit any eligible institution for a
grant under part B in any fiscal year prior to the fiscal year 1986
to apply for a grant under this part if the eligible institution
has merged with another institution of higher education which is
not so eligible or has merged with an eligible institution.
(2) The Secretary may establish such regulations as may be
necessary to carry out the requirement of paragraph (1) of this
subsection.
(g) Special rule for certain District of Columbia eligible
institutions
In any fiscal year that the Secretary determines that Howard
University or the University of the District of Columbia will
receive an allotment under subsections (b) and (c) of this section
which is not in excess of amounts received by Howard University
under section 123 of this title, relating to annual authorization
of appropriations for Howard University, or by the University of
the District of Columbia under the District of Columbia Home Rule
Act (87 Stat. 774) for such fiscal year, then Howard University and
the University of the District of Columbia, as the case may be,
shall be ineligible to receive an allotment under this section.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 324, as added Pub. L. 99-498,
title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub.
L. 99-509, title VII, Sec. 7007, Oct. 21, 1986, 100 Stat. 1950;
Pub. L. 102-325, title III, Sec. 303(c), (d), July 23, 1992, 106
Stat. 475; Pub. L. 105-33, title XI, Sec. 11717(b), Aug. 5, 1997,
111 Stat. 786.)
-REFTEXT-
REFERENCES IN TEXT
Section 1069f(a)(2)(A) of this title, referred to in subsec.
(d)(2), was in the original a reference to section 360(a)(2)(A) of
Pub. L. 89-329. Section 360 of Pub. L. 89-329 was renumbered
section 399 of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec.
301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and was transferred to
section 1068h of this title.
The District of Columbia Home Rule Act, referred to in subsec.
(g), is Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 774, as amended.
For classification of this Act to the Code, see Tables.
-MISC2-
PRIOR PROVISIONS
A prior section 1063, Pub. L. 89-329, title III, Sec. 324, as
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.
1395, related to Federal share of grants to institutions with
special needs, prior to the general revision of this subchapter by
Pub. L. 99-498.
Another prior section 1063, Pub. L. 89-329, title IV, Sec. 403,
Nov. 8, 1965, 79 Stat. 1233, related to duration of grant and
eligibility for payments, prior to the general revision of part A
of subchapter IV of this chapter by Pub. L. 92-318, title I, Sec.
131(b)(1), June 23, 1972, 86 Stat. 247.
AMENDMENTS
1997 - Subsec. (g). Pub. L. 105-33 substituted ''District of
Columbia Home Rule Act'' for ''District of Columbia Self-Government
and Governmental Reorganization Act''.
1992 - Subsec. (c). Pub. L. 102-325, Sec. 303(c), inserted '',
within 5 years of graduation with a baccalaureate degree,'' after
''in attendance at''.
Subsec. (d)(1). Pub. L. 102-325, Sec. 303(d), substituted
''$500,000'' for ''$350,000''.
1986 - Subsec. (c). Pub. L. 99-509, Sec. 7007(4), amended subsec.
generally, substituting ''percentage of graduates per institution''
for ''number of graduates'' and ''percentage of such graduates per
institution'' for ''number of such graduates''.
Subsec. (d). Pub. L. 99-509, Sec. 7007(1), (2), added subsec.
(d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 99-509, Sec. 7007(1), (3), redesignated
former subsec. (d) as (e), and substituted ''subsection (a), (b),
(c), or (d) of this section'' for ''subsection (a), (b), or (c) of
this section''. Former subsec. (e) redesignated (f).
Subsecs. (f), (g). Pub. L. 99-509, Sec. 7007(1), redesignated
subsecs. (e) and (f) as (f) and (g), respectively.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-33 effective Oct. 1, 1997, except as
otherwise provided in title XI of Pub. L. 105-33, see section 11721
of Pub. L. 105-33, set out as a note under section 4246 of Title
18, Crimes and Criminal Procedure.
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 1062, 1063a, 1065 of this
title.
-CITE-
20 USC Sec. 1063a 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
-HEAD-
Sec. 1063a. Applications
-STATUTE-
(a) Contents
No part B institution shall be entitled to its allotment of
Federal funds for any grant under section 1063 of this title for
any period unless that institution meets the requirements of
subparagraphs (C), (D), and (E) (FOOTNOTE 1) of section 1058(b)(1)
of this title and submits an application to the Secretary at such
time, in such manner, and containing or accompanied by such
information, as the Secretary may reasonably require. Each such
application shall -
(FOOTNOTE 1) See References in Text note below.
(1) provide that the payments under this chapter will be used
for the purposes set forth in section 1062 of this title; and
(2) provide for making an annual report to the Secretary and
provide for -
(A) conducting, except as provided in subparagraph (B), a
financial and compliance audit of an eligible institution, with
regard to any funds obtained by it under this subchapter at
least once every 2 years and covering the period since the most
recent audit, conducted by a qualified, independent
organization or person in accordance with standards established
by the Comptroller General for the audit of governmental
organizations, programs, and functions, and as prescribed in
regulations of the Secretary, the results of which shall be
submitted to the Secretary; or
(B) with regard to an eligible institution which is audited
under chapter 75 of title 31 deeming such audit to satisfy the
requirements of subparagraph (A) for the period covered by such
audit.
(b) Approval
The Secretary shall approve any application which meets the
requirements of subsection (a) of this section and shall not
disapprove any application submitted under this part, or any
modification thereof, without first affording such institution
reasonable notice and opportunity for a hearing.
(c) Goals for financial management and academic programs
Any application for a grant under this part shall describe
measurable goals for the institution's financial management and
academic programs and include a plan of how the applicant intends
to achieve those goals.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 325, as added Pub. L. 99-498,
title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub.
L. 100-50, Sec. 2(a)(8), June 3, 1987, 101 Stat. 335; Pub. L.
102-325, title III, Sec. 303(e), July 23, 1992, 106 Stat. 475.)
-REFTEXT-
REFERENCES IN TEXT
Section 1058(b)(1)(E) of this title, referred to in subsec. (a),
was repealed and section 1058(b)(1)(F) was redesignated section
1058(b)(1)(E) by Pub. L. 102-325, title III, Sec. 302(a)(1)(B),
(C), July 23, 1992, 106 Stat. 472.
This chapter, referred to in subsec. (a)(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-
AMENDMENTS
1992 - Subsec. (c). Pub. L. 102-325 added subsec. (c).
1987 - Subsec. (a)(1). Pub. L. 100-50 substituted ''section 1062
of this title'' for ''section 1061 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 section 1062 of this title.
-CITE-
20 USC Sec. 1063b 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
-HEAD-
Sec. 1063b. Professional or graduate institutions
-STATUTE-
(a) General authorization
(1) Subject to the availability of funds appropriated to carry
out this section, the Secretary shall award program grants to each
of the postgraduate institutions listed in subsection (e) of this
section that is determined by the Secretary to be making a
substantial contribution to the legal, medical, dental, veterinary,
or other graduate education opportunities in mathematics,
engineering, or the physical or natural sciences for Black
Americans.
(2) No grant in excess of $1,000,000 may be made under this
section unless the postgraduate institution provides assurances
that 50 percent of the cost of the purposes for which the grant is
made will be paid from non-Federal sources, except that no
institution shall be required to match any portion of the first
$1,000,000 of the institution's award from the Secretary. After
funds are made available to each eligible institution under the
funding rules described in subsection (f) of this section, the
Secretary shall distribute, on a pro rata basis, any amounts which
were not so made available (by reason of the failure of an
institution to comply with the matching requirements of this
paragraph) among the institutions that have complied with such
matching requirement.
(b) Duration
Grants shall be made for a period not to exceed 5 years.
(c) Uses of funds
A grant under this section may be used for -
(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
classroom, library, laboratory, and other instructional
facilities, including purchase or rental of telecommunications
technology equipment or services;
(3) purchase of library books, periodicals, technical and other
scientific journals, microfilm, microfiche, and other educational
materials, including telecommunications program materials;
(4) scholarships, fellowships, and other financial assistance
for needy graduate and professional students to permit the
enrollment of the students in and completion of the doctoral
degree in medicine, dentistry, pharmacy, veterinary medicine,
law, and the doctorate degree in the physical or natural
sciences, engineering, mathematics, or other scientific
disciplines in which African Americans are underrepresented;
(5) establish or improve a development office to strengthen and
increase contributions from alumni and the private sector;
(6) assist in the establishment or maintenance of an
institutional endowment to facilitate financial independence
pursuant to section 1065 of this title; and
(7) funds and administrative management, and the acquisition of
equipment, including software, for use in strengthening funds
management and management information systems.
(d) Application
Any institution eligible for a grant under this section shall
submit an application which -
(1) demonstrates how the grant funds will be used to improve
graduate educational opportunities for Black and low-income
students, and lead to greater financial independence; and
(2) provides, in the case of applications for grants in excess
of $1,000,000, the assurances required by subsection (a)(2) of
this section and specifies the manner in which the eligible
institution is going to pay the non-Federal share of the cost of
the application.
(e) Eligibility
(1) In general
Independent professional or graduate institutions and programs
eligible for grants under subsection (a) of this section are the
following (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by a
colon.
(A) Morehouse School of Medicine;
(B) Meharry Medical School;
(C) Charles R. Drew Postgraduate Medical School;
(D) Clark-Atlanta University;
(E) Tuskegee University School of Veterinary Medicine and
other qualified graduate programs;
(F) Xavier University School of Pharmacy and other qualified
graduate programs;
(G) Southern University School of Law and other qualified
graduate programs;
(H) Texas Southern University School of Law and School of
Pharmacy and other qualified graduate programs;
(I) Florida A&M University School of Pharmaceutical Sciences
and other qualified graduate programs;
(J) North Carolina Central University School of Law and other
qualified graduate programs;
(K) Morgan State University qualified graduate program;
(L) Hampton University qualified graduate program;
(M) Alabama A&M qualified graduate program;
(N) North Carolina A&T State University qualified graduate
program;
(O) University of Maryland Eastern Shore qualified graduate
program;
(P) Jackson State University qualified graduate program;
(Q) Norfolk State University qualified graduate programs; and
(R) Tennessee State University qualified graduate programs.
(2) Qualified graduate program
(A) For the purposes of this section, the term ''qualified
graduate program'' means a graduate or professional program that
provides a program of instruction in the physical or natural
sciences, engineering, mathematics, or other scientific
discipline in which African Americans are underrepresented and
has students enrolled in such program at the time of application
for a grant under this section.
(B) Notwithstanding the enrollment requirement contained in
subparagraph (A), an institution may use an amount equal to not
more than 10 percent of the institution's grant under this
section for the development of a new qualified graduate program.
(3) Special rule
Institutions that were awarded grants under this section prior
to October 1, 1998, shall continue to receive such grants,
subject to the availability of appropriated funds, regardless of
the eligibility of the institutions described in subparagraphs
(Q) and (R) of paragraph (1).
(4) One grant per institution
The Secretary shall not award more than 1 grant under this
section in any fiscal year to any institution of higher education
or university system.
(5) Institutional choice
The president or chancellor of the institution may decide which
graduate or professional school or qualified graduate program
will receive funds under the grant in any 1 fiscal year, if the
allocation of funds among the schools or programs is delineated
in the application for funds submitted to the Secretary under
this section.
(f) Funding rule
Subject to subsection (g) of this section, of the amount
appropriated to carry out this section for any fiscal year -
(1) the first $26,600,000 (or any lesser amount appropriated)
shall be available only for the purposes of making grants to
institutions or programs described in subparagraphs (A) through
(P) of subsection (e)(1) of this section;
(2) any amount in excess of $26,600,000, but not in excess of
$28,600,000, shall be available for the purpose of making grants
to institutions or programs described in subparagraphs (Q) and
(R) of subsection (e)(1) of this section; and
(3) any amount in excess of $28,600,000, shall be made
available to each of the institutions or programs identified in
subparagraphs (A) through (R) (FOOTNOTE 2) pursuant to a formula
developed by the Secretary that uses the following elements:
(FOOTNOTE 2) So in original. Probably should be ''subparagraphs
(A) to (R) of subsection (e)(1) of this section''.
(A) The ability of the institution to match Federal funds
with non-Federal funds.
(B) The number of students enrolled in the programs for which
the eligible institution received funding under this section in
the previous year.
(C) The average cost of education per student, for all
full-time graduate or professional students (or the equivalent)
enrolled in the eligible professional or graduate school, or
for doctoral students enrolled in the qualified graduate
programs.
(D) The number of students in the previous year who received
their first professional or doctoral degree from the programs
for which the eligible institution received funding under this
section in the previous year.
(E) The contribution, on a percent basis, of the programs for
which the institution is eligible to receive funds under this
section to the total number of African Americans receiving
graduate or professional degrees in the professions or
disciplines related to the programs for the previous year.
(g) Hold harmless rule
Notwithstanding paragraphs (2) and (3) of subsection (f) of this
section, no institution or qualified program identified in
subsection (e)(1) of this section that received a grant for fiscal
year 1998 and that is eligible to receive a grant in a subsequent
fiscal year shall receive a grant amount in any such subsequent
fiscal year that is less than the grant amount received for fiscal
year 1998, unless the amount appropriated is not sufficient to
provide such grant amounts to all such institutions and programs,
or the institution cannot provide sufficient matching funds to meet
the requirements of this section.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 326, as added Pub. L. 99-498,
title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1297; amended Pub.
L. 100-50, Sec. 2(a)(9), (10), June 3, 1987, 101 Stat. 335; Pub. L.
102-325, title III, Sec. 303(f)(1), (g), July 23, 1992, 106 Stat.
475, 476; Pub. L. 103-208, Sec. 2(a)(9), Dec. 20, 1993, 107 Stat.
2457; Pub. L. 104-141, Sec. 2, May 6, 1996, 110 Stat. 1328; Pub. L.
105-244, title III, Sec. 304(b), Oct. 7, 1998, 112 Stat. 1643.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 304(b)(1)(A)(i),
inserted ''in mathematics, engineering, or the physical or natural
sciences'' after ''graduate education opportunities''.
Subsec. (a)(2). Pub. L. 105-244, Sec. 304(b)(1)(A)(ii),
substituted ''$1,000,000 may'' for ''$500,000 may'' and '', except
that no institution shall be required to match any portion of the
first $1,000,000 of the institution's award from the Secretary.
After funds are made available to each eligible institution under
the funding rules described in subsection (f) of this section, the
Secretary shall distribute, on a pro rata basis, any amounts which
were not so made available (by reason of the failure of an
institution to comply with the matching requirements of this
paragraph) among the institutions that have complied with such
matching requirement.'' for ''except that the Morehouse School of
Medicine shall receive at least $3,000,000.''
Subsec. (c). Pub. L. 105-244, Sec. 304(b)(2), added pars. (1) to
(7) and struck out former pars. (1) to (3) which read as follows:
''(1) any of the purposes enumerated under section 1062 of this
title;
''(2) to establish or improve a development office to strengthen
and increase contributions from alumni and the private sector; and
''(3) to assist in the establishment or maintenance of an
institutional endowment to facilitate financial independence
pursuant to section 1065 of this title.''
Subsec. (d)(2). Pub. L. 105-244, Sec. 304(b)(1)(B), substituted
''$1,000,000'' for ''$500,000''.
Subsec. (e)(1). Pub. L. 105-244, Sec. 304(b)(3)(A)(i),
substituted ''are the following'' for ''include - '' in
introductory provisions.
Subsec. (e)(1)(E) to (J). Pub. L. 105-244, Sec. 304(b)(3)(A)(ii),
inserted ''and other qualified graduate programs'' before semicolon
at end.
Subsec. (e)(1)(P). Pub. L. 105-244, Sec. 304(b)(3)(A)(iv)(I),
inserted ''University'' after ''State''.
Subsec. (e)(1)(Q), (R). Pub. L. 105-244, Sec. 304(b)(3)(A)(iii),
(iv)(II), (III), added subpars. (Q) and (R).
Subsec. (e)(2). Pub. L. 105-244, Sec. 304(b)(3)(B), added par.
(2) and struck out heading and text of former par. (2). Text read
as follows: ''For the purposes of this section, the term 'qualified
graduate program' means a graduate or professional program that -
''(A) provides a program of instruction in the physical or
natural sciences, engineering, mathematics, or other scientific
discipline in which African Americans are underrepresented; and
''(B) has students enrolled in such program at the time of
application for a grant under this section.''
Subsec. (e)(3). Pub. L. 105-244, Sec. 304(b)(3)(B), added par.
(3) and struck out heading and text of former par. (3). Text read
as follows: ''Graduate institutions that were awarded grants under
this section prior to October 1, 1992 shall continue to receive
such grant payments, regardless of the eligibility of the graduate
institutions described in subparagraphs (F) through (P), until such
grant period has expired or September 30, 1993, whichever is
later.''
Subsec. (e)(5). Pub. L. 105-244, Sec. 304(b)(3)(C), added par.
(5).
Subsec. (f). Pub. L. 105-244, Sec. 304(b)(4)(A), substituted
''Subject to subsection (g), of the amount appropriated'' for ''Of
the amount appropriated'' in introductory provisions.
Subsec. (f)(1). Pub. L. 105-244, Sec. 304(b)(4)(B), substituted
''$26,600,000'' for ''$12,000,000'' and ''(A) through (P)'' for
''(A) through (E)''.
Subsec. (f)(2), (3). Pub. L. 105-244, Sec. 304(b)(4)(C), added
pars. (2) and (3) and struck out former par. (2) which read as
follows: ''any amount appropriated in excess of $12,000,000 shall
be available -
''(A) for the purposes of making grants, in equal amounts not
to exceed $500,000, to institutions or programs described in
subparagraphs (F) through (P) of subsection (e)(1) of this
section; and
''(B) secondly for the purposes of making grants to
institutions or programs described in subparagraphs (A) through
(P) of subsection (e)(1) of this section.''
Subsec. (g). Pub. L. 105-244, Sec. 304(b)(5), added subsec. (g).
1996 - Subsec. (b). Pub. L. 104-141 struck out at end ''No more
than two 5-year grants (for a period of not more than 10 years) may
be made to any one undergraduate or postgraduate institution.''
1993 - Subsec. (e)(2). Pub. L. 103-208 redesignated subpar. (C)
as (B) and struck out former subpar. (B) which read as follows:
''has been accredited by a nationally recognized accrediting agency
or association or has been approved by a nationally recognized
approving agency; and''.
1992 - Subsec. (e). Pub. L. 102-325, Sec. 303(f)(1), substituted
''Eligibility'' for ''Eligible professional or graduate
institutions'' in heading and amended text generally. Prior to
amendment, text read as follows: ''Independent professional or
graduate institutions eligible for grants under subsection (a) of
this section include -
''(1) Morehouse School of Medicine;
''(2) Meharry Medical School;
''(3) Charles R. Drew Postgraduate Medical School;
''(4) Atlanta University; and
''(5) Tuskegee Institute School of Veterinary Medicine.''
Subsec. (f). Pub. L. 102-325, Sec. 303(g), added subsec. (f).
1987 - Subsec. (a)(2). Pub. L. 100-50, Sec. 2(a)(9), inserted
''except that the Morehouse School of Medicine shall receive at
least $3,000,000''.
Subsec. (c)(3). Pub. L. 100-50, Sec. 2(a)(10), made technical
amendment to reference to section 1065 of this title to correct
reference to corresponding section of original act.
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.
CONGRESSIONAL FINDINGS
Section 1 of Pub. L. 104-141 provided that: ''The Congress finds
the following:
''(1) The Historically Black Graduate Professional Schools
identified under section 326 of the Higher Education Act (20
U.S.C. 1063b) may receive grant funds if the Secretary of
Education determines that such institutions make a substantial
contribution to the legal, medical, dental, veterinary, or other
graduate opportunity for African Americans.
''(2) The health professions schools which participate under
section 326 train 50 percent of the Nation's African American
physicians, 50 percent of the Nation's African American dentists,
50 percent of the Nation's African American pharmacists, and 75
percent of the Nation's African American veterinarians.
''(3) A majority of the graduates of these schools practice in
poor urban and rural areas of the country providing care to many
disadvantaged Americans.
''(4) The survival of these schools will contribute to the
improved health status of disadvantaged persons, and of all
Americans.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1068h of this title; title
42 section 5197h.
-CITE-
20 USC Sec. 1063c 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part B - Strengthening Historically Black Colleges and Universities
-HEAD-
Sec. 1063c. Reporting and audit requirements
-STATUTE-
(a) Recordkeeping
Each recipient of a grant under this part shall keep such records
as the Secretary shall prescribe, including records which fully
disclose -
(1) the amount and disposition by such recipient of the
proceeds of such assistance;
(2) the cost of the project or undertaking in connection with
which such assistance is given or used;
(3) the amount of that portion of the cost of the project or
undertaking supplied by other sources; and
(4) such other records as will facilitate an effective audit.
(b) Repayment of unexpended funds
Any funds paid to an institution and not expended or used for the
purposes for which the funds were paid within 10 years following
the date of the initial grant awarded to an institution under part
B of this subchapter shall be repaid to the Treasury of the United
States.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 327, as added Pub. L. 99-498,
title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1298; amended Pub.
L. 100-50, Sec. 2(a)(11), June 3, 1987, 101 Stat. 335.)
-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-50 substituted ''part'' for
''chapter'' in introductory text.
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.
-CITE-
20 USC Part C - Endowment Challenge Grants for
Institutions Eligible for Assistance Under
Part A or Part B 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part C - Endowment Challenge Grants for Institutions Eligible for
Assistance Under Part A or Part B
.
-HEAD-
Part C - Endowment Challenge Grants for Institutions Eligible for
Assistance Under Part A or Part B
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 1057, 1059c, 1062, 1068,
1068h, 1101b of this title.
-CITE-
20 USC Sec. 1064 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part C - Endowment Challenge Grants for Institutions Eligible for
Assistance Under Part A or Part B
-HEAD-
Sec. 1064. Repealed. Pub. L. 102-325, title III, Sec. 304(a)(2),
July 23, 1992, 106 Stat. 476
-MISC1-
Section, Pub. L. 89-329, title III, Sec. 331, as added Pub. L.
99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1298,
related to establishment of challenge grant program.
A prior section 1064, Pub. L. 89-329, title III, Sec. 331, as
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.
1395; amended Pub. L. 97-35, title V, Sec. 516(c)(2), Aug. 13,
1981, 95 Stat. 447, established a challenge grant program, prior to
the general revision of this subchapter by Pub. L. 99-498.
Another prior section 1064, Pub. L. 89-329, title IV, Sec. 404,
Nov. 8, 1965, 79 Stat. 1233, related to time and manner of making
application for grant, selection of recipients and conditions
precedent to award, prior to the general revision of part A of
subchapter IV of this chapter by Pub. L. 92-318, title I, Sec.
131(b)(1), June 23, 1972, 86 Stat. 247.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section
1001 of this title.
-CITE-
20 USC Sec. 1065 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part C - Endowment Challenge Grants for Institutions Eligible for
Assistance Under Part A or Part B
-HEAD-
Sec. 1065. Endowment challenge grants
-STATUTE-
(a) Purpose; definitions
(1) The purpose of this section is to establish a program to
provide matching grants to eligible institutions in order to
establish or increase endowment funds at such institutions, to
provide additional incentives to promote fund raising activities by
such institutions, and to foster increased independence and
self-sufficiency at such institutions.
(2) For the purpose of this section:
(A) The term ''endowment fund'' means a fund established by
State law, by an institution of higher education, or by a
foundation which is exempt from taxation and is maintained for
the purpose of generating income for the support of the
institution, but which shall not include real estate.
(B) The term ''endowment fund corpus'' means an amount equal to
the grant or grants awarded under this section plus an amount
equal to such grant or grants provided by the institution.
(C) The term ''endowment fund income'' means an amount equal to
the total value of the endowment fund established under this
section minus the endowment fund corpus.
(D)(i) The term ''eligible institution'' means an institution
that is an -
(I) eligible institution under part A of this subchapter or
would be considered to be such an institution if section
1058(b)(1)(C) of this title referred to a postgraduate degree
rather than a bachelor's degree;
(II) institution eligible for assistance under part B of this
subchapter or would be considered to be such an institution if
section 1063 of this title referred to a postgraduate degree
rather than a baccalaureate degree; or
(III) institution of higher education that makes a
substantial contribution to postgraduate medical educational
opportunities for minorities and the economically
disadvantaged.
(ii) The Secretary may waive the requirements of subclauses (I)
and (II) of clause (i) with respect to a postgraduate degree in
the case of any institution otherwise eligible under clause (i)
for an endowment challenge grant upon determining that the
institution makes a substantial contribution to medical education
opportunities for minorities and the economically disadvantaged.
(b) Grants authorized
(1) From sums available for this section under section 1068h of
this title, the Secretary is authorized to award endowment
challenge grants to eligible institutions to establish or increase
an endowment fund at such institution. Such grants shall be made
only to eligible institutions described in paragraph (4) whose
applications have been approved pursuant to subsection (g) of this
section.
(2)(A) Except as provided in subparagraph (B), no institution
shall receive a grant under this section, unless such institution
has deposited in its endowment fund established under this section
an amount equal to the amount of such grant. The source of funds
for this institutional match shall not include Federal funds or
funds from an existing endowment fund.
(B) The Secretary may make a grant under this part to an eligible
institution in any fiscal year if the institution -
(i) applies for a grant in an amount not exceeding $500,000;
and
(ii) has deposited in the eligible institution's endowment fund
established under this section an amount which is equal to 1/2 of
the amount of such grant.
(C) An eligible institution of higher education that is awarded a
grant under subparagraph (B) shall not be eligible to receive an
additional grant under subparagraph (B) until 10 years after the
date on which the grant period terminates.
(3) The period of a grant under this section shall be not more
than 20 years. During the grant period, an institution may not
withdraw or expend any of the endowment fund corpus. After the
termination of the grant period, an institution may use the
endowment fund corpus plus any endowment fund income for any
educational purpose.
(4)(A) An institution of higher education is eligible to receive
a grant under this section if it is an eligible institution as
described in subsection (a)(2)(D) of this section.
(B) No institution shall be ineligible for an endowment challenge
grant under this section for a fiscal year by reason of the
previous receipt of such a grant but no institution shall be
eligible to receive such a grant for more than 2 fiscal years out
of any period of 5 consecutive fiscal years.
(5) An endowment challenge grant awarded under this section to an
eligible institution shall be in an amount which is not less than
$50,000 in any fiscal year.
(6)(A) An eligible institution may designate a foundation, which
was established for the purpose of raising money for the
institution, as the recipient of the grant awarded under this
section.
(B) The Secretary shall not award a grant to a foundation on
behalf of an institution unless -
(i) the institution assures the Secretary that the foundation
is legally authorized to receive the endowment fund corpus and is
legally authorized to administer the fund in accordance with this
section and any implementing regulation;
(ii) the foundation agrees to administer the fund in accordance
with the requirements of this section and any implementing
regulation; and
(iii) the institution agrees to be liable for any violation by
the foundation of the provisions of this section and any
implementing regulation, including any monetary liability that
may arise as a result of such violation.
(c) Grant agreement; endowment fund provisions
(1) An institution awarded a grant under this section shall enter
into an agreement with the Secretary containing satisfactory
assurances that it will (A) immediately comply with the matching
requirements of subsection (b)(2) of this section, (B) establish an
endowment fund independent of any other such fund of the
institution, (C) invest the endowment fund corpus, and (D) meet the
other requirements of this section.
(2)(A) An institution shall invest the endowment fund corpus and
endowment fund income in low-risk securities in which a regulated
insurance company may invest under the law of the State in which
the institution is located such as a federally insured bank savings
account or comparable interest-bearing account, certificate of
deposit, money market fund, mutual fund, or obligations of the
United States.
(B) The institution, in investing the endowment fund established
under this section, shall exercise the judgment and care, under the
circumstances then prevailing, which a person of prudence,
discretion, and intelligence would exercise in the management of
such person's own affairs.
(3)(A) An institution may withdraw and expend the endowment fund
income to defray any expenses necessary to the operation of such
college, including expenses of operations and maintenance,
administration, academic and support personnel, construction and
renovation, community and student services programs, and technical
assistance.
(B)(i) Except as provided in clause (ii), an institution may not
spend more than 50 percent of the total aggregate endowment fund
income earned prior to the time of expenditure.
(ii) The Secretary may permit an institution to spend more than
50 percent of the endowment fund income notwithstanding clause (i)
if the institution demonstrates such an expenditure is necessary
because of (I) a financial emergency, such as a pending insolvency
or temporary liquidity problem; (II) a life-threatening situation
occasioned by a natural disaster or arson; or (III) any other
unusual occurrence or exigent circumstance.
(d) Repayment provisions
(1) If at any time an institution withdraws part of the endowment
fund corpus, the institution shall repay to the Secretary an amount
equal to 50 percent of the withdrawn amount, which represents the
Federal share, plus income earned thereon. The Secretary may use
such repaid funds to make additional challenge grants, or to
increase existing endowment grants, to other eligible institutions.
(2) If an institution expends more of the endowment fund income
than is permitted under subsection (c) of this section, the
institution shall repay the Secretary an amount equal to 50 percent
of the amount improperly expended (representing the Federal share
thereof). The Secretary may use such repaid fund to make
additional challenge grants, or to increase existing challenge
grants, to other eligible institutions.
(e) Audit information
An institution receiving a grant under this section shall provide
to the Secretary (or a designee thereof) such information (or
access thereto) as may be necessary to audit or examine
expenditures made from the endowment fund corpus or income in order
to determine compliance with this section.
(f) Selection criteria
In selecting eligible institutions for grants under this section
for any fiscal year, the Secretary shall -
(1) give priority to an applicant that is receiving assistance
under part A of this subchapter or part B of this subchapter or
has received a grant under part A of this subchapter or part B of
this subchapter within the 5 fiscal years preceding the fiscal
year in which the applicant is applying for a grant under this
section;
(2) give priority to an applicant with a greater need for such
a grant, based on the current market value of the applicant's
existing endowment in relation to the number of full-time
equivalent students enrolled at such institution; and
(3) consider -
(A) the effort made by the applicant to build or maintain its
existing endowment fund; and
(B) the degree to which an applicant proposes to match the
grant with nongovernmental funds.
(g) Application
Any institution which is eligible for assistance under this
section may submit to the Secretary a grant application at such
time, in such form, and containing such information as the
Secretary may prescribe, including a description of the long- and
short-term plans for raising and using the funds under this part.
Subject to the availability of appropriations to carry out this
section and consistent with the requirement of subsection (f) of
this section, the Secretary may approve an application for a grant
if an institution, in its application, provides adequate assurances
that it will comply with the requirements of this section.
(h) Termination and recovery provisions
(1) After notice and an opportunity for a hearing, the Secretary
may terminate and recover a grant awarded under this section if the
grantee institution -
(A) expends portions of the endowment fund corpus or expends
more than the permissible amount of the endowment funds income as
prescribed in subsection (c)(3) of this section;
(B) fails to invest the endowment fund in accordance with the
investment standards set forth in subsection (c)(2) of this
section; or
(C) fails to properly account to the Secretary concerning the
investment and expenditures of the endowment funds.
(2) If the Secretary terminates a grant under paragraph (1), the
grantee shall return to the Secretary an amount equal to the sum of
each original grant under this section plus income earned thereon.
The Secretary may use such repaid funds to make additional
endowment grants, or to increase existing challenge grants, to
other eligible institutions under this part.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 331, formerly Sec. 332, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1299; amended Pub. L. 100-50, Sec. 2(a)(12), June 3, 1987, 101
Stat. 336; renumbered Sec. 331 and amended Pub. L. 102-325, title
III, Sec. 304(a)(3), (b), July 23, 1992, 106 Stat. 476; Pub. L.
103-208, Sec. 2(a)(8), (10), (11), Dec. 20, 1993, 107 Stat. 2457,
2458; Pub. L. 105-244, title III, Sec. 305, Oct. 7, 1998, 112 Stat.
1646.)
-MISC1-
PRIOR PROVISIONS
A prior section 331 of Pub. L. 89-329, title III, as added Pub.
L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1298,
related to establishment of challenge grant program, was classified
to section 1064 of this title prior to repeal by Pub. L. 102-325,
Sec. 304(a)(2).
A prior section 1065, Pub. L. 89-329, title III, Sec. 332, as
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat.
1396, related to applications for challenge grants, prior to the
general revision of this subchapter by Pub. L. 99-498.
Another prior section 1065, Pub. L. 89-329, title IV, Sec. 405,
Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90-575, title I, Sec.
101(b)(2), Oct. 16, 1968, 82 Stat. 1017, related to allotment and
reallotment of funds among the States, prior to the general
revision of part A of subchapter IV of this chapter by Pub. L.
92-318, title I, Sec. 131(b)(1), June 23, 1972, 86 Stat. 247.
A prior section 1065a, Pub. L. 89-329, title III, Sec. 333, as
added Pub. L. 98-95, Sec. 2, Sept. 26, 1983, 97 Stat. 708,
established program of matching grants to increase endowments at
eligible institutions of higher education, prior to the general
revision of this subchapter by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (b)(1). Pub. L. 105-244, Sec. 305(1), substituted
''section 1068h'' for ''section 1069f''.
Subsec. (b)(2)(B), (C). Pub. L. 105-244, Sec. 305(2), added
subpars. (B) and (C) and struck out former subpars. (B) and (C)
which authorized Secretary to make grants under this part to
eligible institutions in amounts which varied depending on amount
appropriated in each fiscal year to carry out this part and limited
rights of institutions to reapply for grants when amount
appropriated was below specified amounts.
1993 - Subsecs. (a)(2)(D), (b)(2)(B), (C), (5). Pub. L. 103-208
realigned margins and in subsec. (b)(5) substituted ''An
endowment'' for ''an endowment''.
1992 - Subsec. (a)(1). Pub. L. 102-325, Sec. 304(b)(1)(A), struck
out ''of higher education'' after ''eligible institutions''.
Subsec. (a)(2)(D). Pub. L. 102-325, Sec. 304(b)(1)(B), added
subpar. (D).
Subsec. (b)(1). Pub. L. 102-325, Sec. 304(b)(2), inserted
''endowment'' before ''challenge grants'' and struck out ''of
higher education'' after ''eligible institutions''.
Subsec. (b)(2)(B), (C). Pub. L. 102-325, Sec. 304(b)(3), amended
subpars. (B) and (C) generally. Prior to amendment, subpars. (B)
and (C) read as follows:
''(B) In any fiscal year in which the appropriations for this
part exceeds $10,000,000, the Secretary may make a grant under this
part to an eligible institution of higher education if such
institution -
''(i) has deposited in its endowment fund established under
this section an amount which is equal to one-half of the amount
of such grant; and
''(ii) applies for a grant in an amount exceeding $1,000,000.
''(C) An eligible institution of higher education that is awarded
a grant under this section shall not be eligible to reapply for a
grant under this section during the 10 years immediately following
the period that it received such grant.''
Subsec. (b)(4)(A). Pub. L. 102-325, Sec. 304(b)(4), substituted
''subsection (a)(2)(D) of this section'' for ''section 1064(a)(1)
of this title''.
Subsec. (b)(4)(B). Pub. L. 102-325, Sec. 304(b)(5), substituted
''an endowment challenge grant'' for ''a challenge grant''.
Subsec. (b)(5). Pub. L. 102-325, Sec. 304(b)(6), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: ''Except
as provided in paragraph (2)(B), a challenge grant under this
section to an eligible institution year shall -
''(A) not be less than $50,000 for any fiscal year; and
''(B) not be more than (i) $250,000 for fiscal year 1987; or
(ii) $500,000 for fiscal year 1988 or any succeeding fiscal
year.''
Subsec. (f)(1). Pub. L. 102-325, Sec. 304(b)(7), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''give
priority to an applicant which is a recipient of a grant made under
part A or B of this subchapter (or section 1069a of this title)
during the academic year in which the applicant is applying for a
grant under this section;''.
Subsec. (g). Pub. L. 102-325, Sec. 304(b)(8), inserted '',
including a description of the long- and short-term plans for
raising and using the funds under this part'' before period at end
of first sentence.
1987 - Subsec. (f)(1). Pub. L. 100-50 inserted ''(or section
1069a 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 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 1057, 1063b, 4425 of this
title; title 25 section 1832.
-CITE-
20 USC Part D - Historically Black College and University
Capital Financing 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
.
-HEAD-
Part D - Historically Black College and University Capital
Financing
-COD-
CODIFICATION
Pub. L. 105-244, title III, Sec. 301(a)(3), Oct. 7, 1998, 112
Stat. 1636, redesignated part B of subchapter VII of this chapter
as part D of subchapter III of this chapter.
-MISC3-
PRIOR PROVISIONS
A prior part D, consisting of sections 1066 to 1069, 1069b to
1069d, and 1069f, was redesignated part F (Sec. 1068 et seq.) of
this subchapter by Pub. L. 105-244, title III, Sec. 301(a)(1), Oct.
7, 1998, 112 Stat. 1636.
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 1068, 1068b, 1068d, 1068h,
1070a of this title.
-CITE-
20 USC Sec. 1066 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066. Findings
-STATUTE-
The Congress finds that -
(1) a significant part of the Federal mission in education has
been to attain equal opportunity in higher education for
low-income, educationally disadvantaged Americans and African
Americans;
(2) the Nation's historically Black colleges and universities
have played a prominent role in American history and have an
unparalleled record of fostering the development of African
American youth by recognizing their potential, enhancing their
academic and technical skills, and honing their social and
political skills through higher education;
(3) the academic and residential facilities on the campuses of
all historically Black colleges and universities have suffered
from neglect, deferred maintenance and are in need of capital
improvements in order to provide appropriate settings for
learning and social development through higher education;
(4) due to their small enrollments, limited endowments and
other financial factors normally considered by lenders in
construction financing, historically Black colleges and
universities often lack access to the sources of funding
necessary to undertake the necessary capital improvements through
borrowing and bond financing;
(5) despite their track record of long-standing and remarkable
institutional longevity and viability, historically Black
colleges and universities often lack the financial resources
necessary to gain access to traditional sources of capital
financing such as bank loans and bond financing; and
(6) Federal assistance to facilitate low-cost capital basis for
historically Black colleges and universities will enable such
colleges and universities to continue and expand their
educational mission and enhance their significant role in
American higher education.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 341, formerly title VII, Sec. 721,
as added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106
Stat. 741; renumbered title III, Sec. 341, Pub. L. 105-244, title
III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636.)
-COD-
CODIFICATION
Section was formerly classified to section 1132c of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 1066, Pub. L. 89-329, title III, Sec. 351, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1302, and amended, which related to applications for
assistance under this subchapter, was renumbered section 391 of
Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct.
7, 1998, 112 Stat. 1636, and transferred to section 1068 of this
title.
Another prior section 1066, Pub. L. 89-329, title III, Sec. 341,
as added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94
Stat. 1396, related to applications for assistance, prior to the
general amendment of this subchapter by Pub. L. 99-498.
Another prior section 1066, Pub. L. 89-329, title IV, Sec. 406,
Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90-575, title I, Sec.
101(b)(2), Oct. 16, 1968, 82 Stat. 1017, related to allocation of
allotted funds to institutions, filing dates for application,
criteria for making allocations, additional allocations and
payments, prior to the general amendment of part A of subchapter IV
of this chapter by Pub. L. 92-318, title I, Sec. 131(b)(1), June
23, 1972, 86 Stat. 247.
EFFECTIVE DATE
Part effective Oct. 1, 1992, see section 2 of Pub. L. 102-325,
set out as an Effective Date of 1992 Amendment note under section
1001 of this title.
-CITE-
20 USC Sec. 1066a 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066a. Definitions
-STATUTE-
For the purposes of this part:
(1) The term ''eligible institution'' means a ''part B
institution'' as that term is defined in section 1061(2) of this
title.
(2) The term ''loan'' means a loan made to an eligible
institution under the provisions of this part and pursuant to an
agreement with the Secretary.
(3) The term ''qualified bond'' means any obligation issued by
the designated bonding authority at the direction of the
Secretary, the net proceeds of which are loaned to an eligible
institution for the purposes described in section 1066b(b) of
this title.
(4) The term ''funding'' means any payment under this part from
the Secretary to the eligible institution or its assignee in
fulfillment of the insurance obligations of the Secretary
pursuant to an agreement under section 1066b of this title.
(5) The term ''capital project'' means, subject to section
1066c(b) of this title the repair, renovation, or, in exceptional
circumstances, the construction or acquisition, of -
(A) any classroom facility, library, laboratory facility,
dormitory (including dining facilities) or other facility
customarily used by colleges and universities for instructional
or research purposes or for housing students, faculty, and
staff;
(B) a facility for the administration of an educational
program, or a student center or student union, except that not
more than 5 percent of the loan proceeds provided under this
part may be used for the facility, center or union if the
facility, center or union is owned, leased, managed, or
operated by a private business, that, in return for such use,
makes a payment to the eligible institution;
(C) instructional equipment technology,, (FOOTNOTE 1)
research instrumentation, and any capital equipment or fixture
related to facilities described in subparagraph (A);
(FOOTNOTE 1) So in original.
(D) a maintenance, storage, or utility facility that is
essential to the operation of a facility, a library, a
dormitory, equipment, instrumentation, a fixture, real property
or an interest therein, described in this paragraph;
(E) a facility designed to provide primarily outpatient
health care for students or faculty;
(F) physical infrastructure essential to support the projects
authorized under this paragraph, including roads, sewer and
drainage systems, and water, power, lighting,
telecommunications, and other utilities;
(G) any other facility, equipment or fixture which is
essential to the maintaining of accreditation of the member
institution by a nationally recognized accrediting agency or
association; and
(H) any real property or interest therein underlying
facilities described in subparagraph (A) or (G).
(6) The term ''interest'' includes accredited value or any
other payment constituting interest on an obligation.
(7) The term ''outstanding'', when used with respect to bonds,
shall not include bonds the payment of which shall have been
provided for by the irrevocable deposit in trust of obligations
maturing as to principal and interest in such amounts and at such
times as will ensure the availability of sufficient moneys to
make payments on such bonds.
(8) The term ''designated bonding authority'' means the
private, for-profit corporation selected by the Secretary
pursuant to section 1066d(1) of this title for the purpose of
issuing taxable construction bonds in furtherance of the purposes
of this part.
(9) The term ''Advisory Board'' means the Advisory Board
established by section 1066f of this title.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 342, formerly title VII, Sec. 722,
as added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106
Stat. 742; renumbered title III, Sec. 342, and amended Pub. L.
105-244, title III, Sec. 301(a)(3), (4), (c)(4), 306(a), Oct. 7,
1998, 112 Stat. 1636, 1637, 1646.)
-COD-
CODIFICATION
Section was formerly classified to section 1132c-1 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 342 of Pub. L. 89-329 was classified to section
1067 of this title prior to the general amendment of this
subchapter by Pub. L. 99-498.
AMENDMENTS
1998 - Par. (3). Pub. L. 105-244, Sec. 301(c)(4)(A), substituted
''section 1066b(b)'' for ''section 1132c-2(b)''.
Par. (4). Pub. L. 105-244, Sec. 301(c)(4)(B), substituted
''section 1066b'' for ''section 1132c-2''.
Par. (5). Pub. L. 105-244, Sec. 301(c)(4)(C), substituted
''section 1066c(b)'' for ''section 1132c-3(b)'' in introductory
provisions.
Par. (5)(B). Pub. L. 105-244, Sec. 306(a)(2), added subpar. (B).
Former subpar. (B) redesignated (C).
Par. (5)(C). Pub. L. 105-244, Sec. 306(a)(1), (3), redesignated
subpar. (B) as (C) and inserted ''technology,'' after
''instructional equipment''. Former subpar. (C) redesignated (G).
Par. (5)(D) to (F). Pub. L. 105-244, Sec. 306(a)(4), added
subpars. (D) to (F). Former subpar. (D) redesignated (H).
Par. (5)(G). Pub. L. 105-244, Sec. 306(a)(1), redesignated
subpar. (C) as (G).
Par. (5)(H). Pub. L. 105-244, Sec. 306(a)(1), (5), redesignated
subpar. (D) as (H) and substituted ''(G)'' for ''(C)''.
Par. (8). Pub. L. 105-244, Sec. 301(c)(4)(D), substituted
''section 1066d(1)'' for ''section 1132c-4(1)''.
Par. (9). Pub. L. 105-244, Sec. 301(c)(4)(E), substituted
''section 1066f'' for ''section 1132c-6''.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
-CITE-
20 USC Sec. 1066b 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066b. Federal insurance for bonds
-STATUTE-
(a) General rule
Subject to the limitations in section 1066c of this title, the
Secretary is authorized to enter into insurance agreements to
provide financial insurance to guarantee the full payment of
principal and interest on qualified bonds upon the conditions set
forth in subsections (b), (c) and (d) of this section.
(b) Responsibilities of designated bonding authority
The Secretary may not enter into an insurance agreement described
in subsection (a) of this section unless the Secretary designates a
qualified bonding authority in accordance with sections 1066d(1)
and 1066e (FOOTNOTE 1) of this title and the designated bonding
authority agrees in such agreement to -
(FOOTNOTE 1) See References in Text note below.
(1) use the proceeds of the qualified bonds, less costs of
issuance not to exceed 2 percent of the principal amount thereof,
to make loans to eligible institutions or for deposit into an
escrow account for repayment of the bonds;
(2) provide in each loan agreement with respect to a loan that
not less than 95 percent of the proceeds of the loan will be used
-
(A) to finance the repair, renovation, and, in exceptional
cases, construction or acquisition, of a capital project; or
(B) to refinance an obligation the proceeds of which were
used to finance the repair, renovation, and, in exceptional
cases, construction or acquisition, of a capital project;
(3)(A) charge such interest on loans, and provide for such a
schedule of repayments of loans, as will, upon the timely
repayment of the loans, provide adequate and timely funds for the
payment of principal and interest on the bonds; and
(B) require that any payment on a loan expected to be necessary
to make a payment of principal and interest on the bonds be due
not less than 60 days prior to the date of the payment on the
bonds for which such loan payment is expected to be needed;
(4) prior to the making of any loan, provide for a credit
review of the institution receiving the loan and assure the
Secretary that, on the basis of such credit review, it is
reasonable to anticipate that the institution receiving the loan
will be able to repay the loan in a timely manner pursuant to the
terms thereof;
(5) provide in each loan agreement with respect to a loan that,
if a delinquency on such loan results in a funding under the
insurance agreement, the institution obligated on such loan shall
repay the Secretary, upon terms to be determined by the
Secretary, for such funding;
(6) assign any loans to the Secretary, upon the demand of the
Secretary, if a delinquency on such loan has required a funding
under the insurance agreement;
(7) in the event of a delinquency on a loan, engage in such
collection efforts as the Secretary shall require for a period of
not less than 45 days prior to requesting a funding under the
insurance agreement;
(8) establish an escrow account -
(A) into which each eligible institution shall deposit 5
percent of the proceeds of any loan made under this part, with
each eligible institution required to maintain in the escrow
account an amount equal to 5 percent of the outstanding
principal of all loans made to such institution under this
part; and
(B) the balance of which -
(i) shall be available to the Secretary to pay principal
and interest on the bonds in the event of delinquency in loan
repayment; and
(ii) shall be used to return to an eligible institution an
amount equal to any remaining portion of such institution's 5
percent deposit of loan proceeds following scheduled
repayment of such institution's loan;
(9) provide in each loan agreement with respect to a loan that,
if a delinquency on such loan results in amounts being withdrawn
from the escrow account to pay principal and interest on bonds,
subsequent payments on such loan shall be available to replenish
such escrow account;
(10) comply with the limitations set forth in section 1066c of
this title; and
(11) make loans only to eligible institutions under this part
in accordance with conditions prescribed by the Secretary to
ensure that loans are fairly allocated among as many eligible
institutions as possible, consistent with making loans of amounts
that will permit capital projects of sufficient size and scope to
significantly contribute to the educational program of the
eligible institutions.
(c) Additional agreement provisions
Any insurance agreement described in subsection (a) of this
section shall provide as follows:
(1) The payment of principal and interest on bonds shall be
insured by the Secretary until such time as such bonds have been
retired or canceled.
(2) The Federal liability for delinquencies and default for
bonds guaranteed under this part shall only become effective upon
the exhaustion of all the funds held in the escrow account
described in subsection (b)(8) of this section.
(3) The Secretary shall create a letter of credit authorizing
the Department of the Treasury to disburse funds to the
designated bonding authority or its assignee.
(4) The letter of credit shall be drawn upon in the amount
determined by paragraph (5) of this subsection upon the
certification of the designated bonding authority to the
Secretary or the Secretary's designee that there is a delinquency
on 1 or more loans and there are insufficient funds available
from loan repayments and the escrow account to make a scheduled
payment of principal and interest on the bonds.
(5) Upon receipt by the Secretary or the Secretary's designee
of the certification described in paragraph (4) of this
subsection, the designated bonding authority may draw a funding
under the letter of credit in an amount equal to -
(A) the amount required to make the next scheduled payment of
principal and interest on the bonds, less
(B) the amount available to the designated bonding authority
from loan repayments and the escrow account.
(6) All funds provided under the letter of credit shall be paid
to the designated bonding authority within 2 business days
following receipt of the certification described in paragraph
(4).
(d) Full faith and credit provisions
Subject to subsection (c)(1) of this section the full faith and
credit of the United States is pledged to the payment of all funds
which may be required to be paid under the provisions of this
section.
(e) Sale of bonds
Notwithstanding any other provision of law, a qualified bond
guaranteed under this part may be sold to any party that offers
terms that the Secretary determines are in the best interest of the
eligible institution.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 343, formerly title VII, Sec. 723,
as added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106
Stat. 743; amended Pub. L. 103-382, title III, Sec. 360C, Oct. 20,
1994, 108 Stat. 3972; renumbered title III, Sec. 343, and amended
Pub. L. 105-244, title III, Sec. 301(a)(3), (4), (c)(5), 306(b),
Oct. 7, 1998, 112 Stat. 1636, 1637, 1646.)
-REFTEXT-
REFERENCES IN TEXT
Section 1066e of this title, referred to in subsec. (b), was
repealed by Pub. L. 105-244, title III, Sec. 306(d), Oct. 7, 1998,
112 Stat. 1647.
-COD-
CODIFICATION
Section was formerly classified to section 1132c-2 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 343 of Pub. L. 89-329 was classified to section
1068 of this title prior to the general amendment of this
subchapter by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-244, Sec. 301(c)(5)(A),
substituted ''section 1066c'' for ''section 1132c-3''.
Subsec. (b). Pub. L. 105-244, Sec. 301(c)(5)(B)(i), substituted
''sections 1066d(1) and 1066e'' for ''sections 1132c-4(1) and
1132c-5'' in introductory provisions.
Subsec. (b)(8). Pub. L. 105-244, Sec. 306(b)(1), substituted ''5
percent'' for ''10 percent'' wherever appearing.
Subsec. (b)(10). Pub. L. 105-244, Sec. 301(c)(5)(B)(ii),
substituted ''section 1066c'' for ''section 1132c-3''.
Subsec. (d). Pub. L. 105-244, Sec. 301(c)(5)(B)(iii), made
technical amendment to reference in original act which appears in
text as reference to subsection (c)(1) of this section.
Subsec. (e). Pub. L. 105-244, Sec. 306(b)(2), added subsec. (e).
1994 - Subsec. (b)(8)(A). Pub. L. 103-382, Sec. 360C(1)(A),
inserted before semicolon '', with each eligible institution
required to maintain in the escrow account an amount equal to 10
percent of the outstanding principal of all loans made to such
institution under this part''.
Subsec. (b)(8)(B)(ii). Pub. L. 103-382, Sec. 360C(1)(B), amended
cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
''when all bonds under this part are retired or canceled, shall be
divided among the eligible institutions making deposits into such
account on the basis of the amount of each such institution's
deposit;''.
Subsec. (b)(11). Pub. L. 103-382, Sec. 360C(2), substituted
''conditions'' for ''regulations''.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1066a, 1066d of this
title.
-CITE-
20 USC Sec. 1066c 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066c. Limitations on Federal insurance for bonds issued by
designated bonding authority
-STATUTE-
(a) Limit on amount
At no time shall the aggregate principal amount of outstanding
bonds insured under this part together with any accrued unpaid
interest thereon exceed $375,000,000, of which -
(1) not more than $250,000,000 shall be used for loans to
eligible institutions that are private historically Black
colleges and universities; and
(2) not more than $125,000,000 shall be used for loans to
eligible institutions which are historically Black public
colleges and universities.
For purposes of paragraphs (1) and (2), Lincoln University of
Pennsylvania is an historically Black public institution. No
institution of higher education that has received assistance under
section 123 of this title shall be eligible to receive assistance
under this part.
(b) Limitation on credit authority
The authority of the Secretary to issue letters of credit and
insurance under this part is effective only to the extent provided
in advance by appropriations Acts.
(c) Religious activity prohibition
No loan may be made under this part for any educational program,
activity or service related to sectarian instruction or religious
worship or provided by a school or department of divinity or to an
institution in which a substantial portion of its functions is
subsumed in a religious mission.
(d) Discrimination prohibition
No loan may be made to an institution under this part if the
institution discriminates on account of race, color, religion,
national origin, sex (to the extent provided in title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.)), or
disabling condition; except that the prohibition with respect to
religion shall not apply to an institution which is controlled by
or which is closely identified with the tenets of a particular
religious organization if the application of this section would not
be consistent with the religious tenets of such organization.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 344, formerly title VII, Sec. 724,
as added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106
Stat. 745; renumbered title III, Sec. 344, Pub. L. 105-244, title
III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636.)
-REFTEXT-
REFERENCES IN TEXT
The Education Amendments of 1972, referred to in subsec. (d), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX
of the Act, known as the Patsy Takemoto Mink Equal Opportunity in
Education Act, is classified principally to chapter 38 (Sec. 1681
et seq.) of this title. For complete classification of title IX to
the Code, see Short Title note set out under section 1681 of this
title and Tables.
-COD-
CODIFICATION
Section was formerly classified to section 1132c-3 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 344 of Pub. L. 89-329 was classified to section
1069 of this title prior to the general amendment of this
subchapter by Pub. L. 99-498.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1066a, 1066b of this
title.
-CITE-
20 USC Sec. 1066d 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066d. Authority of Secretary
-STATUTE-
In the performance of, and with respect to, the functions vested
in the Secretary by this part, the Secretary -
(1) shall, within 120 days of July 23, 1992, publish in the
Federal Register a notice and request for proposals for any
private for-profit organization or entity wishing to serve as the
designated bonding authority under this part, which notice shall
-
(A) specify the time and manner for submission of proposals;
and
(B) specify any information, qualifications, criteria, or
standards the Secretary determines to be necessary to evaluate
the financial capacity and administrative capability of any
applicant to carry out the responsibilities of the designated
bonding authority under this part;
(2) shall require that the first loans for capital projects
authorized under section 1066b of this title be made no later
than March 31, 1994;
(3) may sue and be sued in any court of record of a State
having general jurisdiction or in any district court of the
United States, and such district courts shall have jurisdiction
of civil actions arising under this part without regard to the
amount in controversy, and any action instituted under this part
without regard to the amount in controversy, and any action
instituted under this section by or against the Secretary shall
survive notwithstanding any change in the person occupying the
office of the Secretary or any vacancy in such office;
(4)(A) may foreclose on any property and bid for and purchase
at any foreclosure, or any other sale, any property in connection
with which the Secretary has been assigned a loan pursuant to
this part; and
(B) in the event of such an acquisition, notwithstanding any
other provisions of law relating to the acquisition, handling, or
disposal of real property by the United States, complete,
administer, remodel and convert, dispose of, lease, and otherwise
deal with, such property, except that -
(i) such action shall not preclude any other action by the
Secretary to recover any deficiency in the amount of a loan
assigned to the Secretary; and
(ii) any such acquisition of real property shall not deprive
any State or political subdivision thereof of its civil or
criminal jurisdiction in and over such property or impair the
civil rights under the State or local laws of the inhabitants
on such property;
(5) may sell, exchange, or lease real or personal property and
securities or obligations;
(6) may include in any contract such other covenants,
conditions, or provisions necessary to ensure that the purposes
of this part will be achieved; and
(7) may, directly or by grant or contract, provide technical
assistance to eligible institutions to prepare the institutions
to qualify, apply for, and maintain a capital improvement loan,
including a loan under this part.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 345, formerly title VII, Sec. 725,
as added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106
Stat. 745; amended Pub. L. 103-208, Sec. 2(j)(16), Dec. 20, 1993,
107 Stat. 2481; renumbered title III, Sec. 345, and amended Pub. L.
105-244, title III, Sec. 301(a)(3), (4), (c)(6), 306(c), Oct. 7,
1998, 112 Stat. 1636, 1637, 1647.)
-COD-
CODIFICATION
Section was formerly classified to section 1132c-4 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 345 of Pub. L. 89-329 was classified to section
1069a of this title prior to the general amendment of this
subchapter by Pub. L. 99-498.
AMENDMENTS
1998 - Par. (2). Pub. L. 105-244, Sec. 301(c)(6), substituted
''section 1066b'' for ''section 1132c-2''.
Par. (7). Pub. L. 105-244, Sec. 306(c), added par. (7).
1993 - Pars. (2) to (6). Pub. L. 103-208 added par. (2) and
redesignated former pars. (2) to (5) as (3) to (6), respectively.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1066a, 1066b, 1066g,
1068h of this title.
-CITE-
20 USC Sec. 1066e 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066e. Repealed. Pub. L. 105-244, title III, Sec. 306(d), Oct.
7, 1998, 112 Stat. 1647
-MISC1-
Section, Pub. L. 89-329, title III, Sec. 346, formerly title VII,
Sec. 726, as added Pub. L. 102-325, title VII, Sec. 704, July 23,
1992, 106 Stat. 746; amended Pub. L. 103-208, Sec. 2(j)(17), Dec.
20, 1993, 107 Stat. 2481; renumbered title III, Sec. 346, Pub. L.
105-244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat.
1636, prohibited institution receiving a loan under this part from
receiving grant under former part A of subchapter VII of this
chapter.
-COD-
CODIFICATION
Section was formerly classified to section 1132c-5 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Sec. 1066f 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066f. HBCU Capital Financing Advisory Board
-STATUTE-
(a) Establishment and purpose
There is established within the Department of Education, the
Historically Black College and Universities Capital Financing
Advisory Board (hereinafter in this part referred to as the
''Advisory Board'') which shall provide advice and counsel to the
Secretary and the designated bonding authority as to the most
effective and efficient means of implementing construction
financing on African American college campuses, and advise the
Congress of the United States regarding the progress made in
implementing this part. The Advisory Board shall meet with the
Secretary at least twice each year to advise him as to the capital
needs of historically Black colleges and universities, how those
needs can be met through the program authorized by this part, and
what additional steps might be taken to improve the operation and
implementation of the construction financing program.
(b) Board membership
(1) Composition
The Advisory Board shall be appointed by the Secretary and
shall be composed of 9 members as follows:
(A) The Secretary or the Secretary's designee.
(B) Three members who are presidents of private historically
Black colleges or universities.
(C) Two members who are presidents of public historically
Black colleges or universities.
(D) The president of the United Negro College Fund, Inc., or
the president's designee.
(E) The president of the National Association for Equal
Opportunity in Higher Education, or the designee of the
Association.
(F) The executive director of the White House Initiative on
historically Black colleges and universities.
(2) Terms
The term of office of each member appointed under paragraphs
(1)(B) and (1)(C) shall be 3 years, except that -
(A) of the members first appointed pursuant to paragraphs
(1)(B) and (1)(C), 2 shall be appointed for terms of 1 year,
and 3 shall be appointed for terms of 2 years;
(B) members appointed to fill a vacancy occurring before the
expiration of a term of a member shall be appointed to serve
the remainder of that term; and
(C) a member may continue to serve after the expiration of a
term until a successor is appointed.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 347, formerly title VII, Sec. 727,
as added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106
Stat. 746; renumbered title III, Sec. 347, and amended Pub. L.
105-244, title III, Sec. 301(a)(3), (4), 306(e), Oct. 7, 1998, 112
Stat. 1636, 1647.)
-COD-
CODIFICATION
Section was formerly classified to section 1132c-6 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 347 of Pub. L. 89-329 was classified to section
1069c of this title prior to the general amendment of this
subchapter by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (b)(1)(D). Pub. L. 105-244, Sec. 306(e)(1)(A),
inserted '', or the president's designee.'' after ''Fund, Inc.''
Subsec. (b)(1)(E). Pub. L. 105-244, Sec. 306(e)(1)(B), inserted
'', or the designee of the Association'' before the period.
Subsec. (c). Pub. L. 105-244, Sec. 306(e)(2), struck out heading
and text of subsec. (c). Text read as follows: ''There are
authorized to be appropriated $50,000 for fiscal year 1993 and each
of the 4 succeeding fiscal years to carry out this section.''
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.
TERMINATION OF ADVISORY BOARDS
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a board
established by the President or an officer of the Federal
Government, such board is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a board
established by Congress, its duration is otherwise provided by
law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1066a, 1068h of this
title.
-CITE-
20 USC Sec. 1066g 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part D - Historically Black College and University Capital
Financing
-HEAD-
Sec. 1066g. Minority business enterprise utilization
-STATUTE-
In the performance of and with respect to the Secretary's
effectuation of his responsibilities under section 1066d(1) of this
title and to the maximum extent feasible in the implementation of
the purposes of this part, minority business persons, including
bond underwriters and credit enhancers, bond counsel, marketers,
accountants, advisors, construction contractors, and managers
should be utilized.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 348, formerly title VII, Sec. 728,
as added Pub. L. 102-325, title VII, Sec. 704, July 23, 1992, 106
Stat. 747; renumbered title III, Sec. 348, and amended Pub. L.
105-244, title III, Sec. 301(a)(3), (4), (c)(7), Oct. 7, 1998, 112
Stat. 1636, 1637.)
-COD-
CODIFICATION
Section was formerly classified to section 1132c-7 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1998 - Pub. L. 105-244, Sec. 301(c)(7), substituted ''section
1066d(1)'' for ''section 1132c-4(1)''.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
-CITE-
20 USC Part E - Minority Science and Engineering
Improvement Program 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
.
-HEAD-
Part E - Minority Science and Engineering Improvement Program
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 1068, 1068h of this title.
-CITE-
20 USC subpart 1 - minority science and engineering
improvement program 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 1 - minority science and engineering improvement program
.
-HEAD-
subpart 1 - minority science and engineering improvement program
-COD-
CODIFICATION
Pub. L. 105-244, title III, Sec. 301(a)(5), 307(d), Oct. 7, 1998,
112 Stat. 1636, 1648, redesignated subpart 1 (Sec. 1135b et seq.)
of part B of subchapter X of this chapter as subpart 1 of part E of
subchapter III of this chapter and inserted ''and engineering''
before ''improvement program'' in heading.
-CITE-
20 USC Sec. 1067 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 1 - minority science and engineering improvement program
-HEAD-
Sec. 1067. Findings
-STATUTE-
Congress makes the following findings:
(1) It is incumbent on the Federal Government to support the
technological and economic competitiveness of the United States
by improving and expanding the scientific and technological
capacity of the United States. More and better prepared
scientists, engineers, and technical experts are needed to
improve and expand such capacity.
(2) As the Nation's population becomes more diverse, it is
important that the educational and training needs of all
Americans are met. Underrepresentation of minorities in science
and technological fields diminishes our Nation's competitiveness
by impairing the quantity of well prepared scientists, engineers,
and technical experts in these fields.
(3) Despite significant limitations in resources, minority
institutions provide an important educational opportunity for
minority students, particularly in science and engineering
fields. Aid to minority institutions is a good way to address
the underrepresentation of minorities in science and
technological fields.
(4) There is a strong Federal interest in improving science and
engineering programs at minority institutions as such programs
lag behind in program offerings and in student enrollment
compared to such programs at other institutions of higher
education.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 350, as added Pub. L. 105-244,
title III, Sec. 307(a), Oct. 7, 1998, 112 Stat. 1647.)
-MISC1-
PRIOR PROVISIONS
A prior section 1067, Pub. L. 89-329, title III, Sec. 352, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1304, and amended, which related to waiver authority and
reporting requirement, was renumbered section 392 of Pub. L. 89-329
by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct. 7, 1998, 112
Stat. 1636, and transferred to section 1068a of this title.
Another prior section 1067, Pub. L. 89-329, title III, Sec. 342,
as added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94
Stat. 1398, set waiver authority and reporting requirements for
this part, prior to the general amendment of this subchapter by
Pub. L. 99-498.
Another prior section 1067, Pub. L. 89-329, title IV, Sec. 407,
Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90-575, title I, Sec.
101(b)(2), 103, 104, Oct. 16, 1968, 82 Stat. 1017, 1018, related to
agreements with institutions, required provisions and use of funds
as additional Federal capital contribution for student loan fund,
prior to the general amendment of part A of subchapter IV of this
chapter by Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972,
86 Stat. 247.
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Sec. 1067a 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 1 - minority science and engineering improvement program
-HEAD-
Sec. 1067a. Purpose; authority
-STATUTE-
(a) Congressional declaration of purpose
It is the purpose of this subpart to continue the authority of
the Department to operate the Minority Institutions Science
Improvement Program created under section 1862(a)(1) of title 42
and transferred to the Department by section 3444(a)(1) (FOOTNOTE
1) of this title.
(FOOTNOTE 1) See References in Text note below.
(b) Grant authority
The Secretary shall, in accordance with the provisions of this
subpart, carry out a program of making grants to institutions of
higher education that are designed to effect long-range improvement
in science and engineering education at predominantly minority
institutions and to increase the participation of underrepresented
ethnic minorities, particularly minority women, in scientific and
technological careers.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 351, formerly title X, Sec. 1021,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1561; amended Pub. L. 102-325, title X, Sec. 1002(a), July
23, 1992, 106 Stat. 780; renumbered title III, Sec. 351, Pub. L.
105-244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat.
1636.)
-REFTEXT-
REFERENCES IN TEXT
Section 3444(a)(1) of this title, referred to in subsec. (a), was
in the original a reference to section 304(a)(1) of the Department
of Education Organization Act of 1979. Sections 304 and 305 of that
Act were renumbered as sections 303 and 304, respectively, by Pub.
L. 103-382, title II, Sec. 271(a)(2), Oct. 20, 1994, 108 Stat.
3929, and are classified to sections 3444 and 3445, respectively,
of this title.
-COD-
CODIFICATION
Section was formerly classified to section 1135b of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 351 of Pub. L. 89-329 was renumbered section 391
and is classified to section 1068 of this title.
AMENDMENTS
1992 - Subsec. (b). Pub. L. 102-325 inserted '', particularly
minority women,'' after ''ethnic minorities''.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
2 of Pub. L. 102-325, set out as a note under section 1001 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1067h of this title.
-CITE-
20 USC Sec. 1067b 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 1 - minority science and engineering improvement program
-HEAD-
Sec. 1067b. Grant recipient selection
-STATUTE-
(a) Establishment of criteria
Grants under this subpart shall be awarded on the basis of
criteria established by the Secretary by regulations.
(b) Priorities to be given in criteria
In establishing criteria under subsection (a) of this section,
the Secretary shall give priority to applicants which have not
previously received funding from the Minority Institutions Science
Improvement Program and to previous grantees with a proven record
of success, as well as to applications that contribute to achieving
balance among projects with respect to geographic region, academic
discipline, and project type.
(c) Required criteria
In establishing criteria under subsection (a) of this section,
the Secretary may consider the following selection criteria in
making grants:
(1) plan of operation;
(2) quality of key personnel;
(3) budget and cost effectiveness;
(4) evaluation plan;
(5) adequacy of resources;
(6) identification of need for the project;
(7) potential institutional impact of the project;
(8) institutional commitment to the project;
(9) expected outcomes; and
(10) scientific and educational value of the proposed project.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 352, formerly title X, Sec. 1022,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1561; renumbered title III, Sec. 352, Pub. L. 105-244, title
III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.)
-COD-
CODIFICATION
Section was formerly classified to section 1135b-1 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 352 of Pub. L. 89-329 was renumbered section 392
and is classified to section 1068a of this title.
-CITE-
20 USC Sec. 1067c 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 1 - minority science and engineering improvement program
-HEAD-
Sec. 1067c. Use of funds
-STATUTE-
(a) Types of grants
Funds appropriated to carry out this subpart may be made
available as -
(1) institutional grants (as defined in section 1067k(6) of
this title);
(2) cooperative grants (as defined in section 1067k(7) of this
title);
(3) design projects (as defined in section 1067k(8) of this
title); or
(4) special projects (as defined in section 1067k(9) of this
title).
(b) Authorized uses for each type of grant
(1) The authorized uses of funds made available as institutional
grants include (but are not limited to) -
(A) faculty development programs; or
(B) development of curriculum materials.
(2) The authorized uses of funds made available as cooperative
grants include (but are not limited to) -
(A) assisting institutions in sharing facilities and personnel;
(B) disseminating information about established programs in
science and engineering;
(C) supporting cooperative efforts to strengthen the
institutions' science and engineering programs; or
(D) carrying out a combination of any of the activities in
subparagraphs (A) through (C).
(3) The authorized uses of funds made available as design
projects include (but are not limited to) -
(A) developing planning, management, and evaluation systems; or
(B) developing plans for initiating scientific research and for
improving institutions' capabilities for such activities.
Funds used for design project grants may not be used to pay more
than 50 percent of the salaries during any academic year of faculty
members involved in the project.
(4) The authorized uses of funds made available as special
projects include (but are not limited to) -
(A) advanced science seminars;
(B) science faculty workshops and conferences;
(C) faculty training to develop specific science research or
education skills;
(D) research in science education;
(E) programs for visiting scientists;
(F) preparation of films or audio-visual materials in science;
(G) development of learning experiences in science beyond those
normally available to minority undergraduate students;
(H) development of pre-college enrichment activities in
science; or
(I) any other activities designed to address specific barriers
to the entry of minorities into science.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 353, formerly title X, Sec. 1023,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1562; renumbered title III, Sec. 353, and amended Pub. L.
105-244, title III, Sec. 301(a)(5), (7), (c)(8), Oct. 7, 1998, 112
Stat. 1636, 1637.)
-COD-
CODIFICATION
Section was formerly classified to section 1135b-2 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 353 of Pub. L. 89-329 was renumbered section 393
and is classified to section 1068b of this title.
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 301(c)(8)(A),
substituted ''section 1067k(6)'' for ''section 1135d-5(6)''.
Subsec. (a)(2). Pub. L. 105-244, Sec. 301(c)(8)(B), substituted
''section 1067k(7)'' for ''section 1135d-5(7)''.
Subsec. (a)(3). Pub. L. 105-244, Sec. 301(c)(8)(C), substituted
''section 1067k(8)'' for ''section 1135d-5(8)''.
Subsec. (a)(4). Pub. L. 105-244, Sec. 301(c)(8)(D), substituted
''section 1067k(9)'' for ''section 1135d-5(9)''.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
-CITE-
20 USC Sec. 1067d 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 1 - minority science and engineering improvement program
-HEAD-
Sec. 1067d. Omitted
-COD-
CODIFICATION
Section, Pub. L. 89-329, title III, formerly title X, Sec. 1024,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1562; amended Pub. L. 102-325, title X, Sec. 1002(b), July
23, 1992, 106 Stat. 780; renumbered title III, Pub. L. 105-244,
title III, Sec. 301(a)(5), Oct. 7, 1998, 112 Stat. 1636, required
Secretary to submit to President and Congress a report by Jan. 1,
1996, summarizing and evaluating Federal programs which seek to
increase minority participation and representation in scientific
fields.
Section was formerly classified to section 1135b-3 of this title
prior to renumbering by Pub. L. 105-244.
-CITE-
20 USC subpart 2 - administrative and general provisions 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 2 - administrative and general provisions
.
-HEAD-
subpart 2 - administrative and general provisions
-COD-
CODIFICATION
Pub. L. 105-244, title III, Sec. 301(a)(5), Oct. 7, 1998, 112
Stat. 1636, redesignated subpart 3 (Sec. 1135d et seq.) of part B
of subchapter X of this chapter as subpart 2 of part E of
subchapter III of this chapter.
-CITE-
20 USC Sec. 1067g 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 2 - administrative and general provisions
-HEAD-
Sec. 1067g. Eligibility for grants
-STATUTE-
Eligibility to receive grants under this part is limited to -
(1) public and private nonprofit institutions of higher
education that -
(A) award baccalaureate degrees; and
(B) are minority institutions;
(2) public or private nonprofit institutions of higher
education that -
(A) award associate degrees; and
(B) are minority institutions that -
(i) have a curriculum that includes science or engineering
subjects; and
(ii) enter into a partnership with public or private
nonprofit institutions of higher education that award
baccalaureate degrees in science and engineering;
(3) nonprofit science-oriented organizations, professional
scientific societies, and institutions of higher education that
award baccalaureate degrees, that -
(A) provide a needed service to a group of minority
institutions; or
(B) provide in-service training for project directors,
scientists, and engineers from minority institutions; or
(4) consortia of organizations, that provide needed services to
one or more minority institutions, the membership of which may
include -
(A) institutions of higher education which have a curriculum
in science or engineering;
(B) institutions of higher education that have a graduate or
professional program in science or engineering;
(C) research laboratories of, or under contract with, the
Department of Energy;
(D) private organizations that have science or engineering
facilities; or
(E) quasi-governmental entities that have a significant
scientific or engineering mission.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 361, formerly title X, Sec. 1041,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1564; renumbered title III, Sec. 361, and amended Pub. L.
105-244, title III, Sec. 301(a)(5), (7), (b), (c)(9), 307(b), Oct.
7, 1998, 112 Stat. 1636, 1637, 1648.)
-COD-
CODIFICATION
Section was formerly classified to section 1135d of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1998 - Pub. L. 105-244, Sec. 307(b), amended section catchline
and text generally. Prior to amendment, text read as follows:
''Eligibility to receive grants under this part is limited to -
''(1) public and private nonprofit institutions that are
minority institutions (as defined in section 1067k(3) of this
title); and
''(2) nonprofit science-oriented organizations, professional
scientific societies, and all nonprofit, accredited colleges and
universities which provide a needed service to a group of
eligible minority institutions or which provide in-service
training for project directors, scientists, and engineers from
eligible minority institutions.''
Par. (1). Pub. L. 105-244, Sec. 301(c)(9), substituted ''section
1067k(3)'' for ''section 1135d-5(3)''.
Pub. L. 105-244, Sec. 301(b)(1), inserted ''and'' after the
semicolon.
Par. (2). Pub. L. 105-244, Sec. 301(b)(2), substituted a period
for ''; and''.
Par. (3). Pub. L. 105-244, Sec. 301(b)(3), struck out par. (3)
which read as follows: ''for the purposes of section 1135c-1 of
this title, public and private nonprofit institutions that have at
least 10 percent minority enrollment.''
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1067h of this title.
-CITE-
20 USC Sec. 1067h 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 2 - administrative and general provisions
-HEAD-
Sec. 1067h. Grant application
-STATUTE-
(a) Submission and contents of applications
An eligible applicant (as determined under section 1067g of this
title) that desires to receive a grant under this part shall submit
to the Secretary an application therefor at such time or times, in
such manner, and containing such information as the Secretary may
prescribe by regulation. Such application shall set forth -
(1) a program of activities for carrying out one or more of the
purposes described in section 1067a(b) of this title in such
detail as will enable the Secretary to determine the degree to
which such program will accomplish such purpose or purposes; and
(2) such other policies, procedures, and assurances as the
Secretary may require by regulation.
(b) Approval based on likelihood of progress
The Secretary shall approve an application only if the Secretary
determines that the application sets forth a program of activities
which are likely to make substantial progress toward achieving the
purposes of this part.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 362, formerly title X, Sec. 1042,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1564; renumbered title III, Sec. 362, and amended Pub. L.
105-244, title III, Sec. 301(a)(5), (7), (c)(10), Oct. 7, 1998, 112
Stat. 1636, 1637.)
-COD-
CODIFICATION
Section was formerly classified to section 1135d-1 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-244, Sec. 301(c)(10), substituted
''section 1067g'' for ''section 1135d'' in introductory provisions
and ''section 1067a(b)'' for ''section 1135b(b)'' in par. (1).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
-CITE-
20 USC Sec. 1067i 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 2 - administrative and general provisions
-HEAD-
Sec. 1067i. Cross program and cross agency cooperation
-STATUTE-
The Minority Science and Engineering Improvement Programs shall
cooperate and consult with other programs within the Department and
within Federal, State, and private agencies which carry out
programs to improve the quality of science, mathematics, and
engineering education.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 363, formerly title X, Sec. 1043,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1564; amended Pub. L. 102-325, title X, Sec. 1002(d), July
23, 1992, 106 Stat. 780; renumbered title III, Sec. 363, Pub. L.
105-244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat.
1636.)
-COD-
CODIFICATION
Section was formerly classified to section 1135d-2 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1992 - Pub. L. 102-325 inserted ''and consult'' after
''cooperate''.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
2 of Pub. L. 102-325, set out as a note under section 1001 of this
title.
-CITE-
20 USC Sec. 1067j 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 2 - administrative and general provisions
-HEAD-
Sec. 1067j. Administrative provisions
-STATUTE-
(a) Technical staff
The Secretary shall appoint, without regard to the provisions of
title 5 governing appointments in the competitive service, not less
than 2 technical employees with appropriate scientific and
educational background to administer the programs under this part
who may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(b) Procedures for grant review
The Secretary shall establish procedures for reviewing and
evaluating grants and contracts made or entered into under such
programs. Procedures for reviewing grant applications, based on
the peer review system, or contracts for financial assistance under
this subchapter may not be subject to any review outside of
officials responsible for the administration of the Minority
Science and Engineering Improvement Programs.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 364, formerly title X, Sec. 1044,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1564; renumbered title III, Sec. 364, Pub. L. 105-244, title
III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.)
-REFTEXT-
REFERENCES IN TEXT
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (a), are classified to
section 3301 et seq. of Title 5, Government Organization and
Employees.
-COD-
CODIFICATION
Section was formerly classified to section 1135d-3 of this title
prior to renumbering by Pub. L. 105-244.
-CITE-
20 USC Sec. 1067k 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 2 - administrative and general provisions
-HEAD-
Sec. 1067k. Definitions
-STATUTE-
For the purpose of this part -
(1) The term ''accredited'' means currently certified by a
nationally recognized accrediting agency or making satisfactory
progress toward achieving accreditation.
(2) The term ''minority'' means American Indian, Alaskan
Native, Black (not of Hispanic origin), Hispanic (including
persons of Mexican, Puerto Rican, Cuban, and Central or South
American origin), Pacific Islander or other ethnic group
underrepresented in science and engineering.
(3) The term ''minority institution'' means an institution of
higher education whose enrollment of a single minority or a
combination of minorities (as defined in paragraph (2)) exceeds
50 percent of the total enrollment. The Secretary shall verify
this information from the data on enrollments in the higher
education general information surveys (HEGIS) furnished by the
institution to the Office for Civil Rights, Department of
Education.
(4) The term ''science'' means, for the purpose of this
program, the biological, engineering, mathematical, physical,
behavioral, and social sciences, and history and philosophy of
science; also included are interdisciplinary fields which are
comprised of overlapping areas among two or more sciences.
(5) The term ''underrepresented in science and engineering''
means a minority group whose number of scientists and engineers
per 10,000 population of that group is substantially below the
comparable figure for scientists and engineers who are white and
not of Hispanic origin.
(6) The term ''institutional grant'' means a grant that
supports the implementation of a comprehensive science
improvement plan, which may include any combination of activities
for improving the preparation of minority students for careers in
science.
(7) The term ''cooperative grant'' means a grant that assists
groups of nonprofit accredited colleges and universities to work
together to conduct a science improvement program.
(8) The term ''design projects'' means projects that assist
minority institutions that do not have their own appropriate
resources or personnel to plan and develop long-range science
improvement programs.
(9) The term ''special projects'' means -
(A) a special project grant to a minority institution which
support activities that -
(i) improve the quality of training in science and
engineering at minority institutions; or
(ii) enhance the minority institutions' general scientific
research capabilities; or
(B) a special project grant to any eligible applicant which
supports activities that -
(i) provide a needed service to a group of eligible
minority institutions; or
(ii) provide in-service training for project directors,
scientists, and engineers from eligible minority
institutions.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 365, formerly title X, Sec. 1046,
as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100
Stat. 1566; renumbered title III, Sec. 365, and amended Pub. L.
105-244, title III, Sec. 301(a)(5), (7), 307(c), Oct. 7, 1998, 112
Stat. 1636, 1648.)
-COD-
CODIFICATION
Section was formerly classified to section 1135d-5 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1998 - Par. (4). Pub. L. 105-244, Sec. 307(c), inserted
''behavioral,'' after ''physical,''.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1067c, 1131-1 of this
title; title 10 section 2323.
-CITE-
20 USC Sec. 1067l 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part E - Minority Science and Engineering Improvement Program
subpart 2 - administrative and general provisions
-HEAD-
Sec. 1067l. Repealed. Pub. L. 105-244, title III, Sec. 301(a)(8),
Oct. 7, 1998, 112 Stat. 1636
-MISC1-
Section, Pub. L. 89-329, title III, Sec. 366, formerly title X,
Sec. 1047, as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17,
1986, 100 Stat. 1567; amended Pub. L. 100-418, title VI, Sec. 6221,
Aug. 23, 1988, 102 Stat. 1518; Pub. L. 102-325, title X, Sec.
1002(f), July 23, 1992, 106 Stat. 780; renumbered title III, Sec.
366, Pub. L. 105-244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998,
112 Stat. 1636, authorized appropriations to carry out Fund for
Improvement of Postsecondary Education program.
-COD-
CODIFICATION
Section was formerly classified to section 1135d-6 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Part F - General Provisions 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
.
-HEAD-
Part F - General Provisions
-COD-
CODIFICATION
Pub. L. 105-244, title III, Sec. 301(a)(1), Oct. 7, 1998, 112
Stat. 1636, redesignated part D (Sec. 1066 et seq.) of this
subchapter as part F of this subchapter.
-CITE-
20 USC Sec. 1068 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068. Applications for assistance
-STATUTE-
(a) Applications
(1) Applications required
Any institution which is eligible for assistance under this
subchapter shall submit to the Secretary an application for
assistance at such time, in such form, and containing such
information, as may be necessary to enable the Secretary to
evaluate the institution's need for the assistance. Subject to
the availability of appropriations to carry out this subchapter,
the Secretary may approve an application for assistance under
this subchapter only if the Secretary determines that -
(A) the application meets the requirements of subsection (b)
of this section;
(B) the applicant is eligible for assistance in accordance
with the part of this subchapter under which the assistance is
sought; and
(C) the applicant's performance goals are sufficiently
rigorous as to meet the purposes of this subchapter and the
performance objectives and indicators for this subchapter
established by the Secretary pursuant to the Government
Performance and Results Act of 1993 and the amendments made by
such Act.
(2) Preliminary applications
In carrying out paragraph (1), the Secretary may develop a
preliminary application for use by eligible institutions applying
under part A of this subchapter prior to the submission of the
principal application.
(b) Contents
An institution, in its application for a grant, shall -
(1) set forth, or describe how the institution (other than an
institution applying under part C, D or E of this subchapter)
will develop, a comprehensive development plan to strengthen the
institution's academic quality and institutional management, and
otherwise provide for institutional self-sufficiency and growth
(including measurable objectives for the institution and the
Secretary to use in monitoring the effectiveness of activities
under this subchapter);
(2) set forth policies and procedures to ensure that Federal
funds made available under this subchapter for any fiscal year
will be used to supplement and, to the extent practical, increase
the funds that would otherwise be made available for the purposes
of section 1057(b) or 1062 of this title, and in no case supplant
those funds;
(3) set forth policies and procedures for evaluating the
effectiveness in accomplishing the purpose of the activities for
which a grant is sought under this subchapter;
(4) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure proper disbursement of
and accounting for funds made available to the applicant under
this subchapter;
(5) provide (A) for making such reports, in such form and
containing such information, as the Secretary may require to
carry out the functions under this subchapter, including not less
than one report annually setting forth the institution's progress
toward achieving the objectives for which the funds were awarded,
and (B) for keeping such records and affording such access
thereto, as the Secretary may find necessary to assure the
correctness and verification of such reports;
(6) provide that the institution will comply with the
limitations set forth in section 1068e of this title, except that
for purposes of section 1059c of this title, paragraphs (2) and
(3) of section 1068e of this title shall not apply;
(7) describe in a comprehensive manner any proposed project for
which funds are sought under the application and include -
(A) a description of the various components of the proposed
project, including the estimated time required to complete each
such component;
(B) in the case of any development project which consists of
several components (as described by the applicant pursuant to
subparagraph (A)), a statement identifying those components
which, if separately funded, would be sound investments of
Federal funds and those components which would be sound
investments of Federal funds only if funded under this
subchapter in conjunction with other parts of the development
project (as specified by the applicant);
(C) an evaluation by the applicant of the priority given any
proposed project for which funds are sought in relation to any
other projects for which funds are sought by the applicant
under this subchapter, and a similar evaluation regarding
priorities among the components of any single proposed project
(as described by the applicant pursuant to subparagraph (A));
(D) a detailed budget showing the manner in which funds for
any proposed project would be spent by the applicant; and
(E) a detailed description of any activity which involves the
expenditure of more than $25,000, as identified in the budget
referred to in subparagraph (E); and
(8) include such other information as the Secretary may
prescribe.
(c) Priority criteria publication required
The Secretary shall publish in the Federal Register, pursuant to
chapter 5 of title 5, all policies and procedures required to
exercise the authority set forth in subsection (a) of this
section. No other criteria, policies, or procedures shall apply.
(d) Eligibility data
The Secretary shall use the most recent and relevant data
concerning the number and percentage of students receiving
need-based assistance under subchapter IV of this chapter and part
C of subchapter I of chapter 34 of title 42 in making eligibility
determinations under section 1058 of this title and shall advance
the base-year forward following each annual grant cycle.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 391, formerly Sec. 351, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1302; amended Pub. L. 100-50, Sec. 2(a)(13), June 3, 1987, 101
Stat. 336; Pub. L. 102-325, title III, Sec. 305(a), July 23, 1992,
106 Stat. 478; renumbered Sec. 391 and amended Pub. L. 105-244,
title III, Sec. 301(a)(2), (c)(11), 308(a)-(c), Oct. 7, 1998, 112
Stat. 1636, 1637, 1648, 1649.)
-REFTEXT-
REFERENCES IN TEXT
The Government Performance and Results Act of 1993, referred to
in subsec. (a)(1)(C), 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.
-COD-
CODIFICATION
Section was formerly classified to section 1066 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 1068, Pub. L. 89-329, title III, Sec. 353, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1305, which related to application review process, was
renumbered section 393 of Pub. L. 89-329 by Pub. L. 105-244, title
III, Sec. 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred
to section 1068b of this title.
Another prior section 1068, Pub. L. 89-329, title III, Sec. 343,
as added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94
Stat. 1398, related to application review process and provided for
reader panels, recommendation of such panels, and notification to
institutions, prior to the general amendment of this subchapter by
Pub. L. 99-498.
Another prior section 1068, Pub. L. 89-329, title IV, Sec. 408,
Nov. 8, 1965, 79 Stat. 1235; Pub. L. 90-575, title I, Sec. 105(a),
Oct. 16, 1968, 82 Stat. 1018; Pub. L. 91-230, title VIII, Sec. 801,
Apr. 13, 1970, 84 Stat. 190; Pub. L. 92-318, title I, Sec.
131(a)(1)(B), June 23, 1972, 86 Stat. 247, related to programs for
identifying qualified low-income students and preparing them for
post secondary education, grants or contracts for planning,
developing or carrying out programs, ''Talent Search'' program,
''Upward Bound'' program, ''Special Services for Disadvantaged
Students'' program, nature of programs, waiver of matching
requirement in the ''Upward Bound'' program and authorization of
appropriations, prior to the general amendment of part A of
subchapter IV of this chapter by Pub. L. 92-318, title I, Sec.
131(b)(1), June 23, 1972, 86 Stat. 247.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-244, Sec. 308(a), amended heading
and text of subsec. (a) generally. Prior to amendment, text read
as follows: ''Any institution which is eligible for assistance
under this subchapter shall submit to the Secretary an application
for assistance at such time, in such form, and containing such
information, as may be necessary to enable the Secretary to
evaluate its need for assistance. Subject to the availability of
appropriations to carry out this subchapter, the Secretary may
approve an application for a grant under this subchapter if the
application meets the requirements of subsection (b) of this
section and shows that the applicant is eligible for assistance in
accordance with the part of this subchapter under which the
assistance is sought.''
Subsec. (b)(1). Pub. L. 105-244, Sec. 308(b), inserted '', D or
E'' after ''part C''.
Subsec. (b)(6). Pub. L. 105-244, Sec. 301(c)(11), 308(c),
substituted ''section 1068e'' for ''section 1069c'' and inserted
'', except that for purposes of section 1059c of this title,
paragraphs (2) and (3) of section 1068e of this title shall not
apply'' before semicolon.
1992 - Subsec. (b)(7)(D) to (F). Pub. L. 102-325 redesignated
subpars. (E) and (F) as (D) and (E), respectively, and struck out
former subpar. (D) which read as follows: ''information explaining
the manner in which the proposed project will assist the applicant
to prepare for the critical financial problems that all
institutions of higher education will face during the subsequent
decade as a result of declining enrollment, and other problems;''.
1987 - Subsec. (b)(6). Pub. L. 100-50 substituted ''section 1069c
of this title'' for ''section 1069b 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 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 1057, 1059a of this
title.
-CITE-
20 USC Sec. 1068a 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068a. Waiver authority and reporting requirement
-STATUTE-
(a) Waiver requirements; need-based assistance students
The Secretary may waive the requirements set forth in section
1058(b)(1)(A) of this title in the case of an institution -
(1) which is extensively subsidized by the State in which it is
located and charges low or no tuition;
(2) which serves a substantial number of low-income students as
a percentage of its total student population;
(3) which is contributing substantially to increasing higher
education opportunities for educationally disadvantaged,
underrepresented, or minority students, who are low-income
individuals;
(4) which is substantially increasing higher educational
opportunities for individuals in rural or other isolated areas
which are unserved by postsecondary institutions;
(5) located on or near an Indian reservation or a substantial
population of Indians, if the Secretary determines that the
waiver will substantially increase higher education opportunities
appropriate to the needs of American Indians;
(6) that is a tribally controlled college or university as
defined in section 1801 of title 25; or
(7) wherever located, if the Secretary determines that the
waiver will substantially increase higher education opportunities
appropriate to the needs of Black Americans, Hispanic Americans,
Native Americans, Asian Americans, or Pacific Islanders,
including Native Hawaiians.
(b) Waiver determinations; expenditures
(1) The Secretary may waive the requirements set forth in section
1058(b)(1)(B) of this title if the Secretary determines, based on
persuasive evidence submitted by the institution, that the
institution's failure to meet that criterion is due to factors
which, when used in the determination of compliance with such
criterion, distort such determination, and that the institution's
designation as an eligible institution under part A of this
subchapter is otherwise consistent with the purposes of such parts.
(FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be ''part.''
(2) Omitted.
(3) The Secretary may waive the requirement set forth in section
1058(b)(1)(E) (FOOTNOTE 2) of this title in the case of an
institution located on or near an Indian reservation or a
substantial population of Indians, if the Secretary determines that
the waiver will substantially increase higher education
opportunities appropriate to the needs of American Indians.
(FOOTNOTE 2) See References in Text note below.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 392, formerly Sec. 352, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1304; amended Pub. L. 100-50, Sec. 2(a)(14), (15), June 3, 1987,
101 Stat. 336; Pub. L. 102-325, title III, Sec. 305(b), July 23,
1992, 106 Stat. 478; renumbered Sec. 392 and amended Pub. L.
105-244, title III, Sec. 301(a)(2), 308(d), Oct. 7, 1998, 112 Stat.
1636, 1649.)
-REFTEXT-
REFERENCES IN TEXT
Section 1058(b)(1)(E) of this title, referred to in subsec.
(b)(3), was repealed and section 1058(b)(1)(F) was redesignated
section 1058(b)(1)(E) by Pub. L. 102-325, title III, Sec.
302(a)(1)(B), (C), July 23, 1992, 106 Stat. 472.
-COD-
CODIFICATION
Subsec. (b)(2) of this section, which required the Secretary to
submit a report to Congress every other year on institutions which,
although not satisfying the criterion contained in section
1058(b)(1)(B) of this title, have been determined to be eligible
institutions under part A of this subchapter, terminated, effective
May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance. See, also, page 79 of House Document No. 103-7.
Section was formerly classified to section 1067 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1998 - Subsec. (a)(5) to (7). Pub. L. 105-244 struck out ''or''
at end of par. (5), added par. (6), and redesignated former par.
(6) as (7).
1992 - Subsec. (a). Pub. L. 102-325 substituted ''Secretary may
waive'' for ''Secretary shall waive''.
1987 - Subsec. (a)(2). Pub. L. 100-50, Sec. 2(a)(14), substituted
''low-income'' for ''low- and middle-income''.
Subsec. (b)(3). Pub. L. 100-50, Sec. 2(a)(15), added par. (3).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
2 of Pub. L. 102-325, set out as a note under section 1001 of this
title.
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 section 1058 of this title.
-CITE-
20 USC Sec. 1068b 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068b. Application review process
-STATUTE-
(a) Review panel
(1) All applications submitted under this subchapter by
institutions of higher education shall be read by a panel of
readers composed of individuals selected by the Secretary. The
Secretary shall assure that no individual assigned under this
section to review any application has any conflict of interest with
regard to the application which might impair the impartiality with
which the individual conducts the review under this section.
(2) The Secretary shall take care to assure that representatives
of historically and predominantly Black colleges, Hispanic
institutions, Tribal Colleges and Universities, and institutions
with substantial numbers of Hispanics, Native Americans, Asian
Americans, and Native American Pacific Islanders (including Native
Hawaiians) are included as readers.
(3) All readers selected by the Secretary shall receive thorough
instruction from the Secretary regarding the evaluation process for
applications submitted under this subchapter and consistent with
the provisions of this subchapter, including -
(A) explanations and examples of the types of activities
referred to in section 1057(b) of this title that should receive
special consideration for grants awarded under part A of this
subchapter and of the types of activities referred to in section
1062 of this title that should receive special consideration for
grants awarded under part B of this subchapter;
(B) an enumeration of the factors to be used to determine the
quality of applications submitted under this subchapter; and
(C) an enumeration of the factors to be used to determine
whether a grant should be awarded for a project under this
subchapter, the amount of any such grant, and the duration of any
such grant.
(b) Recommendations of panel
In awarding grants under this subchapter, the Secretary shall
take into consideration the recommendations of the panel made under
subsection (a) of this section.
(c) Notification
Not later than June 30 of each year, the Secretary shall notify
each institution of higher education making an application under
this subchapter of -
(1) the scores given the applicant by the panel pursuant to
this section;
(2) the recommendations of the panel with respect to such
application; and
(3) the reasons for the decision of the Secretary in awarding
or refusing to award a grant under this subchapter, and any
modifications, if any, in the recommendations of the panel made
by the Secretary.
(d) Exclusion
The provisions of this section shall not apply to applications
submitted under part D of this subchapter.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 393, formerly Sec. 353, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1305; renumbered Sec. 393 and amended Pub. L. 105-244, title III,
Sec. 301(a)(2), 308(e), Oct. 7, 1998, 112 Stat. 1636, 1649.)
-COD-
CODIFICATION
Section was formerly classified to section 1068 of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-244, Sec. 308(e)(1),
substituted ''Tribal Colleges and Universities'' for ''Native
American colleges and universities''.
Subsec. (d). Pub. L. 105-244, Sec. 308(e)(2), added subsec. (d).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
-CITE-
20 USC Sec. 1068c 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068c. Cooperative arrangements
-STATUTE-
(a) General authority
The Secretary may make grants to encourage cooperative
arrangements -
(1) with funds available to carry out part A of this
subchapter, between institutions eligible for assistance under
part A of this subchapter and between such institutions and
institutions not receiving assistance under this subchapter; or
(2) with funds available to carry out part B of this
subchapter, between institutions eligible for assistance under
part B of this subchapter and institutions not receiving
assistance under this subchapter;
for the activities described in section 1057(b) of this title or
section 1062 of this title, as the case may be, so that the
resources of the cooperating institutions might be combined and
shared to achieve the purposes of such parts and avoid costly
duplicative efforts and to enhance the development of part A and
part B eligible institutions.
(b) Priority
The Secretary shall give priority to grants for the purposes
described under subsection (a) of this section whenever the
Secretary determines that the cooperative arrangement is
geographically and economically sound or will benefit the applicant
institution.
(c) Duration
Grants to institutions having a cooperative arrangement may be
made under this section for a period as determined under section
1059 of this title or section 1062 of this title.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 394, formerly Sec. 354, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1305; renumbered Sec. 394, Pub. L. 105-244, title III, Sec.
301(a)(2), Oct. 7, 1998, 112 Stat. 1636.)
-COD-
CODIFICATION
Section was formerly classified to section 1069 of this title
prior to renumbering by Pub. L. 105-244.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1059 of this title.
-CITE-
20 USC Sec. 1068d 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068d. Assistance to institutions under other programs
-STATUTE-
(a) Assistance eligibility
Each institution which the Secretary determines to be an
institution eligible under part A of this subchapter or an
institution eligible under part B of this subchapter may be
eligible for waivers in accordance with subsection (b) of this
section.
(b) Waiver applicability
(1) Subject to, and in accordance with, regulations promulgated
for the purpose of this section, in the case of any application by
an institution referred to in subsection (a) of this section for
assistance under any programs specified in paragraph (2), the
Secretary is authorized, if such application is otherwise
approvable, to waive any requirement for a non-Federal share of the
cost of the program or project, or, to the extent not inconsistent
with other law, to give, or require to be given, priority
consideration of the application in relation to applications from
other institutions.
(2) The provisions of this section shall apply to any program
authorized by part D of this subchapter or subchapter IV of this
chapter or part C of subchapter I of chapter 34 of title 42.
(c) Limitation
The Secretary shall not waive, under subsection (b) of this
section, the non-Federal share requirement for any program for
applications which, if approved, would require the expenditure of
more than 10 percent of the appropriations for the program for any
fiscal year.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 395, formerly Sec. 356, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1306; amended Pub. L. 102-325, title III, Sec. 305(d), July 23,
1992, 106 Stat. 478; Pub. L. 104-208, div. A, title I, Sec. 101(e)
(title VII, Sec. 709(d)), Sept. 30, 1996, 110 Stat. 3009-233,
3009-314; renumbered Sec. 395 and amended Pub. L. 105-244, title
III, Sec. 301(a)(2), 308(f), Oct. 7, 1998, 112 Stat. 1636, 1649.)
-COD-
CODIFICATION
Section was formerly classified to section 1069b of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
AMENDMENTS
1998 - Subsec. (b)(2). Pub. L. 105-244, Sec. 308(f), substituted
''part D of this subchapter or subchapter IV of this chapter'' for
''subchapter IV, VII, or VIII of this chapter''.
1996 - Subsec. (b)(2). Pub. L. 104-208 struck out ''II,'' after
''authorized by subchapter''.
1992 - Subsec. (a). Pub. L. 102-325 substituted ''may be
eligible'' for ''shall be eligible''.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
2 of Pub. L. 102-325, set out as a note under section 1001 of this
title.
-CITE-
20 USC Sec. 1068e 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068e. Limitations
-STATUTE-
The funds appropriated under section 1069f (FOOTNOTE 1) of this
title may not be used -
(FOOTNOTE 1) See References in Text note below.
(1) for a school or department of divinity or any religious
worship or sectarian activity;
(2) for an activity that is inconsistent with a State plan for
desegregation of higher education applicable to such institution;
(3) for an activity that is inconsistent with a State plan of
higher education applicable to such institution; or
(4) for purposes other than the purposes set forth in the
approved application under which the funds were made available to
the institution.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 396, formerly Sec. 357, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1307; renumbered Sec. 396, Pub. L. 105-244, title III, Sec.
301(a)(2), Oct. 7, 1998, 112 Stat. 1636.)
-REFTEXT-
REFERENCES IN TEXT
Section 1069f of this title, referred to in text, was in the
original a reference to section 360 of Pub. L. 89-329. Section 360
of Pub. L. 89-329 was renumbered section 399 of Pub. L. 89-329 by
Pub. L. 105-244, title III, Sec. 301(a)(2), Oct. 7, 1998, 112 Stat.
1636, and was transferred to section 1068h of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1068 of this title.
-CITE-
20 USC Sec. 1068f 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068f. Penalties
-STATUTE-
Whoever, being an officer, director, agent, or employee of, or
connected in any capacity with, any recipient of Federal financial
assistance or grant pursuant to this subchapter embezzles,
willfully misapplies, steals, or obtains by fraud any of the funds
which are the subject of such grant or assistance, shall be fined
not more than $10,000 or imprisoned for not more than 2 years, or
both.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 397, formerly Sec. 358, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1307; renumbered Sec. 397, Pub. L. 105-244, title III, Sec.
301(a)(2), Oct. 7, 1998, 112 Stat. 1636.)
-COD-
CODIFICATION
Section was formerly classified to section 1069d of this title
prior to renumbering by Pub. L. 105-244.
-CITE-
20 USC Sec. 1068g 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068g. Continuation awards
-STATUTE-
The Secretary shall make continuation awards under this
subchapter for the second and succeeding years of a grant only
after determining that the recipient is making satisfactory
progress in carrying out the grant.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 398, as added Pub. L. 105-244,
title III, Sec. 308(g), Oct. 7, 1998, 112 Stat. 1649.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Sec. 1068h 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III - INSTITUTIONAL AID
Part F - General Provisions
-HEAD-
Sec. 1068h. Authorization of appropriations
-STATUTE-
(a) Authorizations
(1) Part A
(A) There are authorized to be appropriated to carry out part A
of this subchapter, $135,000,000 (other than section 1059c of
this title) for fiscal year 1999, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(B) There are authorized to be appropriated to carry out
section 1059c of this title, $10,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding fiscal
years.
(C) There are authorized to be appropriated to carry out
section 1059d of this title, $5,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding fiscal
years.
(2) Part B
(A) There are authorized to be appropriated to carry out part B
of this subchapter (other than section 1063b of this title),
$135,000,000 for fiscal year 1999, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
(B) There are authorized to be appropriated to carry out
section 1063b of this title, $35,000,000 for fiscal year 1999,
and such sums as may be necessary for each of the 4 succeeding
fiscal years.
(3) Part C
There are authorized to be appropriated to carry out part C of
this subchapter, $10,000,000 for fiscal year 1999, and such sums
as may be necessary for each of the 4 succeeding fiscal years.
(4) Part D
(A) There are authorized to be appropriated to carry out part D
of this subchapter (other than section 1066d(7) of this title,
but including section 1066f of this title), $110,000 for fiscal
year 1999, and such sums as may be necessary for each of the 4
succeeding fiscal years.
(B) There are authorized to be appropriated to carry out
section 1066d(7) of this title, such sums as may be necessary for
fiscal year 1999 and each of the 4 succeeding fiscal years.
(5) Part E
There are authorized to be appropriated to carry out part E of
this subchapter, $10,000,000 for fiscal year 1999, and such sums
as may be necessary for each of the 4 succeeding fiscal years.
(b) Use of multiple year awards
In the event of a multiple year award to any institution under
this subchapter, the Secretary shall make funds available for such
award from funds appropriated for this subchapter for the fiscal
year in which such funds are to be used by the recipient.
-SOURCE-
(Pub. L. 89-329, title III, Sec. 399, formerly Sec. 360, as added
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat.
1307; amended Pub. L. 102-325, title III, Sec. 305(e)-(g), July 23,
1992, 106 Stat. 479; renumbered Sec. 399, and amended Pub. L.
105-244, title III, Sec. 301(a)(2), 308(h), Oct. 7, 1998, 112 Stat.
1636, 1649.)
-COD-
CODIFICATION
Section was formerly classified to section 1069f of this title
prior to renumbering by Pub. L. 105-244.
-MISC3-
PRIOR PROVISIONS
A prior section 1069, Pub. L. 89-329, title III, Sec. 354, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1305, which related to cooperative arrangements, was
renumbered section 394 of Pub. L. 89-329 by Pub. L. 105-244, title
III, Sec. 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred
to section 1068c of this title.
Another prior section 1069, Pub. L. 89-329, title III, Sec. 344,
as added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94
Stat. 1399, provided for a program of grants to encourage
cooperative arrangements between institutions, prior to the general
amendment of this subchapter by Pub. L. 99-498.
Another prior section 1069, Pub. L. 89-329, title IV, Sec. 409,
Nov. 8, 1965, 79 Stat. 1236, related to definition of academic
year, prior to the general amendment of part A of subchapter IV of
this chapter by Pub. L. 92-318, title I, Sec. 131(b)(1), June 23,
1972, 86 Stat. 247.
A prior section 1069a, Pub. L. 89-329, title III, Sec. 355, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1306; amended Pub. L. 100-50, Sec. 2(a)(16), (17), June 3,
1987, 101 Stat. 336, related to special payments rules, prior to
repeal by Pub. L. 102-325, Sec. 2, title III, Sec. 305(c), July 23,
1992, 106 Stat. 458, 478, effective Oct. 1, 1992.
Another prior section 1069a, Pub. L. 89-329, title III, Sec. 345,
as added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94
Stat. 1399, related to assistance to institutions under other
programs, prior to the general amendment of this subchapter by Pub.
L. 99-498.
A prior section 1069b, Pub. L. 89-329, title III, Sec. 356, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1306, and amended, which related to assistance to
institutions under other programs, was renumbered section 395 of
Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct.
7, 1998, 112 Stat. 1636, and transferred to section 1068d of this
title.
Another prior section 1069b, Pub. L. 89-329, title III, Sec. 346,
as added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94
Stat. 1400, limited activities for which funds appropriated to
carry out this subchapter could be expended, prior to the general
amendment of this subchapter by Pub. L. 99-498.
A prior section 1069c, Pub. L. 89-329, title III, Sec. 357, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1307, which related to limitations on use of funds, was
renumbered section 396 of Pub. L. 89-329 by Pub. L. 105-244, title
III, Sec. 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred
to section 1068e of this title.
Another prior section 1069c, Pub. L. 89-329, title III, Sec. 347,
as added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94
Stat. 1400, and Pub. L. 98-95, Sec. 3, Sept. 26, 1983, 97 Stat.
711; Pub. L. 98-312, Sec. 1, June 12, 1984, 98 Stat. 233,
authorized appropriations to carry out parts A to C of this
subchapter, prior to the general amendment of this subchapter by
Pub. L. 99-498.
A prior section 1069d, Pub. L. 89-329, title III, Sec. 358, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1307, which related to penalties, was renumbered section 397
of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(2),
Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068f of
this title.
A prior section 1069e, Pub. L. 89-329, title III, Sec. 359, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1307, required application for challenge grant, prior to
repeal by Pub. L. 102-325, Sec. 2, title III, Sec. 305(c), July 23,
1992, 106 Stat. 458, 478, effective Oct. 1, 1992.
A prior section 1069f, Pub. L. 89-329, title III, Sec. 360, as
added Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100
Stat. 1307, and amended, which authorized appropriations, was
renumbered section 399 of Pub. L. 89-329 by Pub. L. 105-244, title
III, Sec. 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred
to this section.
AMENDMENTS
1998 - Subsec. (a)(1)(A). Pub. L. 105-244, Sec. 308(h)(1)(A),
substituted ''1999'' for ''1993''.
Subsec. (a)(1)(B). Pub. L. 105-244, Sec. 308(h)(1)(B),
redesignated cl. (i) as entire subpar., substituted ''$10,000,000
for fiscal year 1999'' for ''$45,000,000 for fiscal year 1993'',
and struck out cl. (ii) which read as follows: ''No funds are
authorized to be appropriated pursuant to clause (i) for any fiscal
year unless the amount appropriated pursuant to paragraph (1)(A)
for such fiscal year equals or exceeds $80,000,000.''
Subsec. (a)(1)(C). Pub. L. 105-244, Sec. 308(h)(1)(C), added
subpar. (C).
Subsec. (a)(2)(A). Pub. L. 105-244, Sec. 308(h)(2)(A),
substituted ''1999'' for ''1993''.
Subsec. (a)(2)(B). Pub. L. 105-244, Sec. 308(h)(2)(B),
substituted ''$35,000,000 for fiscal year 1999'' for ''$20,000,000
for fiscal year 1993''.
Subsec. (a)(3). Pub. L. 105-244, Sec. 308(h)(3), substituted
''$10,000,000 for fiscal year 1999'' for ''$50,000,000 for fiscal
year 1993''.
Subsec. (a)(4), (5). Pub. L. 105-244, Sec. 308(h)(4), added pars.
(4) and (5).
Subsec. (c). Pub. L. 105-244, Sec. 308(h)(5), struck out heading
and text of subsec. (c). Text read as follows: ''If the amount
appropriated under subsection (a)(1) of this section for part A of
this subchapter for any fiscal year beginning after September 30,
1986, equals or exceeds the amount appropriated for such part for
fiscal year 1986, the Secretary shall, for such fiscal year -
''(1) allocate 25 percent of the excess (above the amount
appropriated for part A of this subchapter for fiscal year 1986)
among eligible institutions at which at least 60 percent of the
students are African Americans, Hispanic Americans, Native
Americans, Asian Americans, Native Hawaiians, or Pacific
Islanders, or any combination thereof; and
''(2) allocate 75 percent of such excess among other eligible
institutions.''
Subsec. (d). Pub. L. 105-244, Sec. 308(h)(5), struck out heading
and text of subsec. (d). Text read as follows: ''In any fiscal year
in which the sums appropriated for part A of this subchapter are
insufficient to make the reservations required by subsection (c) of
this section, the Secretary shall ratably reduce the amount of the
reservation.''
Subsec. (e). Pub. L. 105-244, Sec. 308(h)(5), struck out heading
and text of subsec. (e). Text read as follows: ''In any fiscal year
beginning after September 30, 1992, the Secretary shall award at
least 25 percent of the amount appropriated pursuant to the
authority of paragraph (3) of subsection (a) of this section in
each fiscal year to historically black colleges and universities
that meet the requirements of part C of this subchapter, unless
there are an insufficient number of quality applications or an
insufficient number of applications due to the provisions in
subsection (b)(2)(C) or subsection (b)(4)(B) of section 1065 of
this title.''
1992 - Subsec. (a). Pub. L. 102-325, Sec. 305(e), amended subsec.
(a) generally, substituting present provisions for provisions
authorizing appropriations for fiscal year 1987 and the four
succeeding fiscal years.
Subsec. (c). Pub. L. 102-325, Sec. 305(f), substituted ''1986,
the Secretary shall, for such fiscal year - '' for ''1986 - '' in
introductory provisions, added pars. (1) and (2), and struck out
former pars. (1) and (2) which read as follows:
''(1) the Secretary shall, for such fiscal year, make available
for use for the purposes of part A of this subchapter to
institutions that are junior or community colleges not less than
$51,400,000; and
''(2) the Secretary shall, for such fiscal year -
''(A) allocate 25 percent of the excess (above the amount
appropriated for part A of this subchapter for fiscal year 1986)
among eligible institutions with the highest percentages of
students who are Black Americans, Hispanic Americans, Native
Americans, Asian Americans, Native Hawaiians, or Pacific
Islanders, or any combination thereof; and
''(B) allocate 75 percent of such excess among other eligible
institutions.''
Subsec. (e). Pub. L. 102-325, Sec. 305(g), added subsec. (e).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section
2 of Pub. L. 102-325, set out as a note under section 1001 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1057, 1062, 1063, 1065,
1068e of this title.
-CITE-
20 USC SUBCHAPTER IV - STUDENT ASSISTANCE 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
.
-HEAD-
SUBCHAPTER IV - STUDENT ASSISTANCE
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1001, 1002, 1003,
1011c, 1015, 1018, 1018a, 1018b, 1028, 1058, 1068, 1068d, 1101a,
1103, 1103d, 6103, 6674 of this title; title 8 sections 1255a,
1613; title 10 sections 1598, 2410j; title 15 section 1603; title
22 section 2462; title 26 sections 25A, 529; title 29 sections
2842, 2864; title 31 section 3716; title 38 section 3698; title 42
sections 653, 3796d-6, 7274e, 12604; title 48 section 1905; title
50 App. section 462.
-CITE-
20 USC Part A - Grants to Students in Attendance at
Institutions of Higher Education 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
.
-HEAD-
Part A - Grants to Students in Attendance at Institutions of Higher
Education
-COD-
CODIFICATION
Part A of title IV of the Higher Education Act of 1965,
comprising this part, was originally enacted by Pub. L. 89-329,
title IV, Nov. 8, 1965, 79 Stat. 1232, and amended by Pub. L.
92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974,
88 Stat. 484; Pub. L. 94-328, June 30, 1976, 90 Stat. 727; Pub. L.
94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-43, June 15, 1977,
91 Stat. 213; Pub. L. 95-336, Aug. 4, 1978, 92 Stat. 451; Pub. L.
95-566, Nov. 1, 1978, 92 Stat. 2402; Pub. L. 96-49, Aug. 13, 1979,
93 Stat. 351; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L.
97-300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 97-301, Oct. 13,
1982, 96 Stat. 1400; Pub. L. 98-558, Oct. 30, 1984, 98 Stat. 2878;
Pub. L. 99-145, Nov. 8, 1985, 99 Stat. 583. Such part is shown
herein, however, as having been added by Pub. L. 99-498, title IV,
Sec. 401(a), Oct. 17, 1986, 100 Stat. 1308, without reference to
such intervening amendments because of the extensive revision of
part A by Pub. L. 99-498.
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 1090 of this title; title 31
section 6703; title 42 section 12604.
-CITE-
20 USC Sec. 1070 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
-HEAD-
Sec. 1070. Statement of purpose; program authorization
-STATUTE-
(a) Purpose
It is the purpose of this part, to assist in making available the
benefits of postsecondary education to eligible students (defined
in accordance with section 1091 of this title) in institutions of
higher education by -
(1) providing Federal Pell Grants to all eligible students;
(2) providing supplemental educational opportunity grants to
those students who demonstrate financial need;
(3) providing for payments to the States to assist them in
making financial aid available to such students;
(4) providing for special programs and projects designed (A) to
identify and encourage qualified youths with financial or
cultural need with a potential for postsecondary education, (B)
to prepare students from low-income families for postsecondary
education, and (C) to provide remedial (including remedial
language study) and other services to students; and
(5) providing assistance to institutions of higher education.
(b) Secretary required to carry out purposes
The Secretary shall, in accordance with subparts 1 through 8 of
this part, carry out programs to achieve the purposes of this part.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 400, formerly Sec. 401, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1308; renumbered Sec. 400, Pub. L. 102-325, title IV, Sec.
402(a)(3), July 23, 1992, 106 Stat. 482; amended Pub. L. 105-244,
title IV, Sec. 401(g)(1), Oct. 7, 1998, 112 Stat. 1652.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070, Pub. L. 89-329, title IV, Sec. 401, as
added and amended Pub. L. 92-318, title I, Sec. 131(b)(1), title X,
Sec. 1001(c)(1), (2), June 23, 1972, 86 Stat. 247, 381; Pub. L.
94-482, title I, Sec. 125, Oct. 12, 1976, 90 Stat. 2096; Pub. L.
96-374, title IV, Sec. 401, title XIII, Sec. 1391(a)(1), Oct. 3,
1980, 94 Stat. 1401, 1503, stated purpose of program of grants to
students in attendance at institutions of higher education, prior
to the general revision of this part by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-244 substituted ''Federal Pell
Grants'' for ''basic educational opportunity 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.
HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS
Pub. L. 107-122, Jan. 15, 2002, 115 Stat. 2386, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the 'Higher Education Relief
Opportunities for Students Act of 2001'.
''SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMERGENCY.
''(a) Waivers and Modifications. -
''(1) In general. - Notwithstanding any other provision of law,
unless enacted with specific reference to this section, the
Secretary of Education (referred to in this Act as the
'Secretary') may waive or modify any statutory or regulatory
provision applicable to the student financial aid programs under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) as the Secretary deems necessary in connection with the
national emergency to provide the waivers or modifications
authorized by paragraph (2).
''(2) Actions authorized. - The Secretary is authorized to
waive or modify any provision described in paragraph (1) as may
be necessary to ensure that -
''(A) borrowers of Federal student loans who are affected
individuals are not placed in a worse position financially in
relation to those loans because of their status as affected
individuals;
''(B) administrative requirements placed on affected
individuals who are borrowers of Federal student loans are
minimized, to the extent possible without impairing the
integrity of the student loan programs, to ease the burden on
such borrowers and avoid inadvertent, technical violations or
defaults;
''(C) the calculation of 'annual adjusted family income' and
'available income', as used in the determination of need for
student financial assistance under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) for any such
affected individual (and the determination of such need for his
or her spouse and dependents, if applicable), may be modified
to mean the sums received in the first calendar year of the
award year for which such determination is made, in order to
reflect more accurately the financial condition of such
affected individual and his or her family; and
''(D) institutions of higher education, eligible lenders,
guaranty agencies, and other entities participating in the
student assistance programs under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) that are located
in, or whose operations are directly affected by, areas that
are declared disaster areas by any Federal, State, or local
official in connection with the national emergency may be
granted temporary relief from requirements that are rendered
infeasible or unreasonable by the national emergency, including
due diligence requirements and reporting deadlines.
''(b) Notice of Waivers or Modifications. -
''(1) In general. - Notwithstanding section 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, the Secretary shall, by notice in
the Federal Register, publish the waivers or modifications of
statutory and regulatory provisions the Secretary deems necessary
to achieve the purposes of this section.
''(2) Terms and conditions. - The notice under paragraph (1)
shall include the terms and conditions to be applied in lieu of
such statutory and regulatory provisions.
''(3) Case-by-case basis. - The Secretary is not required to
exercise the waiver or modification authority under this section
on a case-by-case basis.
''(c) Impact Report. - The Secretary shall, not later than 15
months after first exercising any authority to issue a waiver or
modification under subsection (a), report to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the Senate on
the impact of any waivers or modifications issued pursuant to
subsection (a) on affected individuals and the programs under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
and the basis for such determination, and include in such report
the Secretary's recommendations for changes to the statutory or
regulatory provisions that were the subject of such waiver or
modification.
''(d) No Delay in Waivers and Modifications. - Sections 482(c)
and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c),
1098a) shall not apply to the waivers and modifications authorized
or required by this Act.
''SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES.
''(a) Sense of Congress. - It is the sense of Congress that -
''(1) all institutions offering postsecondary education should
provide a full refund to students who are members of the Armed
Forces serving on active duty during the national emergency, for
that portion of a period of instruction such student was unable
to complete, or for which such individual did not receive
academic credit, because he or she was called up for such
service; and
''(2) if affected individuals withdraw from a course of study
as a result of such service, such institutions should make every
effort to minimize deferral of enrollment or reapplication
requirements and should provide the greatest flexibility possible
with administrative deadlines related to those applications.
''(b) Definition of Full Refund. - For purposes of this section,
a full refund includes a refund of required tuition and fees, or a
credit in a comparable amount against future tuition and fees.
''SEC. 4. USE OF PROFESSIONAL JUDGMENT.
''At the time of publishing any waivers or modifications pursuant
to section 2(b), the Secretary shall publish examples of measures
that institutions may take in the appropriate exercise of
discretion under section 479A of the Higher Education Act of 1965
(20 U.S.C. 1087tt) to adjust financial need and aid eligibility
determinations for affected individuals.
''SEC. 5. DEFINITIONS.
''In this Act:
''(1) Active duty. - The term 'active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
''(2) Affected individual. - The term 'affected individual'
means an individual who -
''(A) is serving on active duty during the national
emergency;
''(B) is serving on National Guard duty during the national
emergency;
''(C) resides or is employed in an area that is declared a
disaster area by any Federal, State, or local official in
connection with the national emergency; or
''(D) suffered direct economic hardship as a direct result of
the national emergency, as determined under a waiver or
modification issued under this Act.
''(3) Federal student loan. - The term 'Federal student loan'
means a loan made, insured, or guaranteed under part B, D, or E
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et seq.).
''(4) National emergency. - The term 'national emergency' means
the national emergency by reason of certain terrorist attacks
declared by the President on September 14, 2001, or subsequent
national emergencies declared by the President by reason of
terrorist attacks.
''(5) Serving on active duty during the national emergency. -
The term 'serving on active duty during the national emergency'
shall include service by an individual who is -
''(A) a Reserve of an Armed Force ordered to active duty
under section 12301(a), 12301(g), 12302, 12304, or 12306 of
title 10, United States Code, or any retired member of an Armed
Force ordered to active duty under section 688 of such title,
for service in connection with such emergency or subsequent
actions or conditions, regardless of the location at which such
active duty service is performed; and
''(B) any other member of an Armed Force on active duty in
connection with such emergency or subsequent actions or
conditions who has been assigned to a duty station at a
location other than the location at which such member is
normally assigned.
''(6) Serving on national guard duty during the national
emergency. - The term 'serving on National Guard duty during the
national emergency' shall include performing training or other
duty authorized by section 502(f) of title 32, United States
Code, as a member of the National Guard, at the request of the
President, for or in support of an operation during the national
emergency.
''SEC. 6. TERMINATION OF AUTHORITY.
''The provisions of this Act shall cease to be effective on
September 30, 2003.''
COMMUNITY SCHOLARSHIP MOBILIZATION
Pub. L. 105-244, title VIII, part C, Oct. 7, 1998, 112 Stat.
1810, provided that:
''SEC. 811. SHORT TITLE.
''This part may be cited as the 'Community Scholarship
Mobilization Act'.
''SEC. 812. FINDINGS.
''Congress finds that -
''(1) the local community, when properly organized and
challenged, is one of the best sources of academic support,
motivation toward achievement, and financial resources for
aspiring postsecondary students;
''(2) local communities, working to complement or augment
services currently offered by area schools and colleges, can
raise the educational expectations and increase the rate of
postsecondary attendance of their youth by forming locally-based
organizations that provide both academic support (including
guidance, counseling, mentoring, tutoring, encouragement, and
recognition) and tangible, locally raised, effectively targeted,
publicly recognized, financial assistance;
''(3) proven methods of stimulating these community efforts can
be promoted through Federal support for the establishment of
regional, State, or community program centers to organize and
challenge community efforts to develop educational incentives and
support for local students; and
''(4) using Federal funds to leverage private contributions to
help students from low-income families attain educational and
career goals is an efficient and effective investment of scarce
taxpayer-provided resources.
''SEC. 813. DEFINITIONS.
''In this part:
''(1) Regional, state, or community program center. - The term
'regional, State, or community program center' means an
organization that -
''(A) is a division or member of, responsible to, and
overseen by, a national organization; and
''(B) is staffed by professionals trained to create, develop,
and sustain local entities in towns, cities, and neighborhoods.
''(2) Local entity. - The term 'local entity' means an
organization that -
''(A) is a nonprofit organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)), and exempt from taxation under section
501(a) of such Code (or shall meet this criteria through
affiliation with the national organization);
''(B) is formed for the purpose of providing educational
scholarships and academic support for residents of the local
community served by such organization;
''(C) solicits broad-based community support in its academic
support and fund-raising activities;
''(D) is broadly representative of the local community in the
structures of its volunteer-operated organization and has a
board of directors that includes leaders from local
neighborhood organizations and neighborhood residents, such as
school or college personnel, parents, students, community
agency representatives, retirees, and representatives of the
business community;
''(E) awards scholarships without regard to age, sex, marital
status, race, creed, color, religion, national origin, or
disability; and
''(F) gives priority to awarding scholarships for
postsecondary education to deserving students from low-income
families in the local community.
''(3) National organization. - The term 'national organization'
means an organization that -
''(A) has the capacity to create, develop and sustain local
entities and affiliated regional, State, or community program
centers;
''(B) has the capacity to sustain newly created local
entities in towns, cities, and neighborhoods through ongoing
training support programs;
''(C) is described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from taxation under section
501(a) of such Code;
''(D) is a publicly supported organization within the meaning
of section 170(b)(1)(A)(iv) of such Code (26 U.S.C.
170(b)(1)(A)(iv));
''(E) ensures that each of the organization's local entities
meet the criteria described in subparagraphs (C) and (D); and
''(F) has a program for or experience in cooperating with
secondary and postsecondary institutions in carrying out the
organization's scholarship and academic support activities.
''(4) High poverty area. - The term 'high poverty area' means a
community with a higher percentage of children from low-income
families than the national average of such percentage and a lower
percentage of children pursuing postsecondary education than the
national average of such percentage.
''(5) Secretary. - The term 'Secretary' means the Secretary of
Education.
''(6) Students from low-income families. - The term 'students
from low-income families' means students determined, pursuant to
part F of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087kk et seq.), to be eligible for a Federal Pell Grant under
subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a).
''SEC. 814. PURPOSE; ENDOWMENT GRANT AUTHORITY.
''(a) Purpose. - It is the purpose of this part to establish and
support regional, State or community program centers to enable such
centers to foster the development of local entities in high poverty
areas that promote higher education goals for students from
low-income families by -
''(1) providing academic support, including guidance,
counseling, mentoring, tutoring, and recognition; and
''(2) providing scholarship assistance for the cost of
postsecondary education.
''(b) Endowment Grant Authority. - From the funds appropriated
pursuant to the authority of section 816, the Secretary shall award
an endowment grant, on a competitive basis, to a national
organization to enable such organization to support the
establishment or ongoing work of regional, State or community
program centers that foster the development of local entities in
high poverty areas to improve secondary school graduation rates and
postsecondary attendance through the provision of academic support
services and scholarship assistance for the cost of postsecondary
education.
''SEC. 815. GRANT AGREEMENT AND REQUIREMENTS.
''(a) In General. - The Secretary shall award one or more
endowment grants described in section 814(b) pursuant to an
agreement between the Secretary and a national organization. Such
agreement shall -
''(1) require a national organization to establish an endowment
fund in the amount of the grant, the corpus of which shall remain
intact and the interest income from which shall be used to
support the activities described in paragraphs (2) and (3);
''(2) require a national organization to use 70 percent of the
interest income from the endowment fund in any fiscal year to
support the establishment or ongoing work of regional, State or
community program centers to enable such centers to work with
local communities to establish local entities in high poverty
areas and provide ongoing technical assistance, training
workshops, and other activities to help ensure the ongoing
success of the local entities;
''(3) require a national organization to use 30 percent of the
interest income from the endowment fund in any fiscal year to
provide scholarships for postsecondary education to students from
low-income families, which scholarships shall be matched on a
dollar-for-dollar basis from funds raised by the local entities;
''(4) require that at least 50 percent of all the interest
income from the endowment (fund) be allocated to establish new
local entities or support regional, State or community program
centers in high poverty areas;
''(5) require a national organization to submit, for each
fiscal year in which such organization uses the interest from the
endowment fund, a report to the Secretary that contains -
''(A) a description of the programs and activities supported
by the interest on the endowment fund;
''(B) the audited financial statement of the national
organization for the preceding fiscal year;
''(C) a plan for the programs and activities to be supported
by the interest on the endowment fund as the Secretary may
require;
''(D) an evaluation of the programs and activities supported
by the interest on the endowment fund as the Secretary may
require; and
''(E) data indicating the number of students from low-income
families who receive scholarships from local entities, and the
amounts of such scholarships;
''(6) contain such assurances as the Secretary may require with
respect to the management and operation of the endowment fund;
and
''(7) contain an assurance that if the Secretary determines
that such organization is not in substantial compliance with the
provisions of this part, then the national organization shall pay
to the Secretary an amount equal to the corpus of the endowment
fund plus any accrued interest on such fund that is available to
the national organization on the date of such determination.
''(b) Returned Funds. - All funds returned to the Secretary
pursuant to subsection (a)(7) shall be available to the Secretary
to carry out any scholarship or grant program assisted under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. (42
U.S.C. 2751 et seq.)).
''SEC. 816. AUTHORIZATION OF APPROPRIATIONS.
''There are authorized to be appropriated to carry out this part
$10,000,000 for fiscal year 2000.''
COMMUNITY SCHOOL PARTNERSHIPS
Pub. L. 103-382, title V, part B, Oct. 20, 1994, 108 Stat. 4045,
which provided for grants to establish community centers giving
academic support and postsecondary scholarships to poor students,
was repealed by Pub. L. 105-277, div. A, Sec. 101(f) (title VIII,
Sec. 301(a)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-410.
STUDY OF FEDERAL BENEFIT COORDINATION
Section 1405 of Pub. L. 102-325 directed Secretary of Education
to conduct a study to evaluate the coordination of Federal student
financial assistance programs under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et
seq.) with other programs funded in whole or in part with Federal
funds, with Secretary to prepare and submit to appropriate
committees of Congress a report on the study not later than 3 years
after July 23, 1992, together with such recommendations as the
Secretary deemed appropriate, prior to repeal by Pub. L. 105-332,
Sec. 6(b)(2), Oct. 31, 1998, 112 Stat. 3128.
OLYMPIC SCHOLARSHIPS
Pub. L. 102-325, title XV, Sec. 1543, July 23, 1992, 106 Stat.
836, as amended by Pub. L. 105-244, title VIII, Sec. 836, Oct. 7,
1998, 112 Stat. 1820; Pub. L. 106-554, Sec. 1(a)(1) (title III,
Sec. 319), Dec. 21, 2000, 114 Stat. 2763, 2763A-49; Pub. L.
107-116, title III, Sec. 305(a), Jan. 10, 2002, 115 Stat. 2208,
provided that:
''(a) Scholarships Authorized. -
''(1) In general. - The Secretary of Education is authorized to
provide financial assistance to the United States Olympic
Education Center or the United States Olympic Training Center to
enable such centers to provide financial assistance to athletes
who are training at such centers and are pursuing postsecondary
education at institutions of higher education (as such term is
defined in section 481(a) of the Higher Education Act of 1965 (20
U.S.C. 1088(a))).
''(2) Award determination. - The amount of the financial
assistance provided to an athlete described in paragraph (1)
shall be determined in accordance with criteria, and in amounts,
specified in the application of the center under subsection (c).
Such assistance shall not exceed the athlete's cost of attendance
as determined under section 472 of the Higher Education Act of
1965 (20 U.S.C. 1087ll).
''(3) Information on distribution of assistance. - Each center
providing such assistance shall annually report to the Secretary
such information as the Secretary may reasonably require on the
distribution of such assistance among athletes and institutions
of higher education. The Secretary shall compile such reports
and submit them to the Committees on Education and the Workforce
and Appropriations of the House of Representatives and the
Committees on Health, Education, Labor, and Pensions and
Appropriations of the Senate.
''(b) Eligibility. - The Secretary of Education shall ensure that
financial assistance provided under this part (part E (Sec. 1543)
of Pub. L. 102-325) is available to both full-time and part-time
students who are athletes at centers described in subsection (a).
''(c) Application. - Each center desiring financial assistance
under this section shall submit an application to the Secretary of
Education at such time, in such manner and accompanied by such
information as the Secretary may reasonably require.
''(d) Authorization of Appropriations. - There are authorized to
be appropriated $5,000,000 for fiscal year 1999 and such sums as
may be necessary for each of the 4 succeeding fiscal years to carry
out this section.
''(e) Designation. - Scholarships awarded under this section
shall be known as 'B.J. Stupak Olympic Scholarships'.''
(Pub. L. 107-116, title III, Sec. 305(b), Jan. 10, 2002, 115
Stat. 2208, provided that: ''The amendments made by subsection (a)
(amending section 1543 of Pub. L. 102-325, set out above) shall
apply with respect to any funds appropriated pursuant to section
1543(d) of the Higher Education Amendments of 1992 (section 1543(d)
of Pub. L. 102-325, set out above), including funds appropriated
pursuant to that section in fiscal years 2000 and 2001, that are
available for financial assistance under section 1543 on or after
the date of enactment of this Act (Jan. 10, 2002).'')
PERSIAN GULF CONFLICT HIGHER EDUCATION ASSISTANCE
Pub. L. 102-26, Sec. 4-6, Apr. 9, 1991, 105 Stat. 125-127,
provided that:
''SEC. 4. OPERATION DESERT SHIELD/DESERT STORM WAIVER AUTHORITY.
''(a) Purpose. - It is the purpose of this section to ensure that
-
''(1) the men and women serving on active duty in connection
with Operation Desert Shield or Operation Desert Storm who are
borrowers of Stafford Loans or Perkins Loans are not placed in a
worse position financially in relation to those loans because of
such service;
''(2) the administrative requirements placed on all borrowers
of student loans made in accordance with title IV of the Act (20
U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.) who are engaged in
such military service are minimized to the extent possible
without impairing the integrity of the student loan programs, in
order to ease the burden on such borrowers, and to avoid
inadvertent, technical defaults; and
''(3) the future eligibility of such an individual for Pell
Grants is not reduced by the amount of such assistance awarded
for a period of instruction that such individual was unable to
complete, or for which the individual did not receive academic
credit, because he or she was called up for such service.
''(b) Waiver Requirement. - Notwithstanding any other provision
of law, unless enacted with specific reference to this section, the
Secretary of Education shall waive or modify any statutory or
regulatory provision applicable to the student financial aid
programs under title IV of the Act that the Secretary deems
necessary to achieve the purposes stated in subsection (a),
including -
''(1) the length of, and eligibility requirements for, the
military deferments authorized under sections 427(a)(2)(C)(ii),
428(b)(1)(M)(ii), and 464(c)(2)(A)(ii) of the Act (20 U.S.C.
1077(a)(2)(C)(ii), 1078(b)(1)(M)(ii), 1087dd(c)(2)(A)(ii)), in
order to enable the borrower of a Stafford Loan or a Perkins Loan
who is or was serving on active duty in connection with Operation
Desert Shield or Operation Desert Storm to obtain a military
deferment, under which interest shall accrue and shall, if
otherwise payable by the Secretary, be paid by the Secretary of
Education, for the duration of such service;
''(2) administrative requirements placed on all borrowers of
student loans made in accordance with title IV of the Act who are
or were engaged in such military service;
''(3) the number of years for which individuals who are engaged
in such military service may be eligible for Pell Grants under
subpart 1 of part A of title IV of the Act (20 U.S.C. 1070a et
seq.);
''(4) the point at which the borrower of a Stafford Loan who is
or was engaged in such military service is required to resume
repayment of principal and interest on such loan after the
borrower completes a period of deferment under section
427(a)(2)(C)(ii) or 428(b)(1)(M)(ii) of the Act;
''(5) the point at which the borrower of a Stafford Loan who is
or was engaged in such military service is required to resume
repayment of principal and interest on such loan after the
borrower completes a single period of deferment under section
427(a)(2)(C)(i) or 428(b)(1)(M)(i) of the Act subsequent to such
service; and
''(6) the modification of the terms 'annual adjusted family
income' and 'available income,' as used in the determination of
need for student financial assistance under title IV of the Act
for such individual (and the determination of such need for his
or her spouse and dependents, if applicable), to mean the sums
received in the first calendar year of the award year for which
such determination is made, in order to reflect more accurately
the financial condition of such individual and his or her family.
''(c) Notice of Waiver. - Notwithstanding section 431 (now 437)
of the General Education Provisions Act (20 U.S.C. 1232) and
section 553 of title 5, United States Code, the Secretary shall, by
notice in the Federal Register, publish the waivers or
modifications of statutory and regulatory provisions the Secretary
deems necessary to achieve the purposes of this section. Such
notice shall include the terms and conditions to be applied in lieu
of such statutory and regulatory provisions. The Secretary is not
required to exercise the waiver or modification authority under
this section on a case-by-case basis.
''(d) Definitions. - For purposes of this Act (probably should be
''section'') -
''(1) Individuals 'serving on active duty in connection with
Operation Desert Shield or Operation Desert Storm' shall include
-
''(A) any Reserve of an Armed Force called to active duty
under section 672(a) (now 12301(a)), 672(g) (now 12301(g)), 673
(now 12302), 673b (now 12304), 674 (now 12306), or 688 of title
10, United States Code, for service in connection with
Operation Desert Shield or Operation Desert Storm, regardless
of the location at which such active duty service is performed;
and
''(B) for purposes of waivers of administrative requirements
under subsection (b)(2) only, any other member of an Armed
Force on active duty in connection with Operation Desert Shield
or Operation Desert Storm, who has been assigned to a duty
station at a location other than the location at which such
member is normally assigned.
''(2) The term 'active duty' has the meaning given such term in
section 101(22) of title 10, United States Code, except that such
term does not include active duty for training or attendance at a
service school.
''SEC. 5. TUITION REFUNDS OR CREDITS.
''(a) Sense of Congress. - It is the sense of the Congress that
all institutions offering postsecondary education should provide a
full refund to any member or Reserve of an Armed Force on active
duty service in connection with Operation Desert Shield or
Operation Desert Storm for that portion of a period of instruction
such individual was unable to complete, or for which such
individual did not receive academic credit, because he or she was
called up for such service. For purposes of this section, a full
refund includes a refund of required tuition and fees, or a credit
in a comparable amount against future tuition and fees.
''(b) Encouragement and Report. - The Secretary of Education
shall encourage institutions to provide such refunds or credits,
and shall report to the appropriate committees of Congress on the
actions taken in accordance with this subsection as well as
information he receives regarding any institutions that are not
providing such refunds or credits.
''SEC. 6. TERMINATION OF AUTHORITY.
''The provisions of sections 4 and 5 shall cease to be effective
on September 30, 1997.''
Pub. L. 102-25, title III, part E (Sec. 371-376), Apr. 6, 1991,
105 Stat. 93, provided that:
''SEC. 371. SHORT TITLE
''This part may be cited as the 'Persian Gulf Conflict Higher
Education Assistance Act'.
''SEC. 372. (Superseded by section 4 of Pub. L. 102-26, set out
above.)
''SEC. 373. (Superseded by section 5 of Pub. L. 102-26, set out
above.)
''SEC. 374. (Amended section 294d of Title 42, The Public Health
and Welfare.)
''SEC. 375. (Superseded by section 6 of Pub. L. 102-26, set out
above.)
''SEC. 376. COORDINATION WITH OTHER LAW
''If the Higher Education Technical Amendments of 1991 (Pub. L.
102-26, see Short Title of 1991 Amendment note set out under
section 1001 of this title) is enacted, the provisions of sections
4, 5, and 6 of that Act shall supersede sections 372, 373, and
375.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070a of this title.
-CITE-
20 USC subpart 1 - federal pell grants 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 1 - federal pell grants
.
-HEAD-
subpart 1 - federal pell grants
-COD-
CODIFICATION
Pub. L. 105-244, title IV, Sec. 401(g)(2), Oct. 7, 1998, 112
Stat. 1652, amended subpart heading generally.
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 1061, 1070, 1070a-14,
1070b-3, 1078, 1085, 1087b, 1087c, 1087e, 1087kk, 1091, 1091b, 1096
of this title; title 25 section 1809; title 26 section 6103.
-CITE-
20 USC Sec. 1070a 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 1 - federal pell grants
-HEAD-
Sec. 1070a. Federal Pell Grants: amount and determinations;
applications
-STATUTE-
(a) Program authority and method of distribution
(1) For each fiscal year through fiscal year 2004, the Secretary
shall pay to each eligible institution such sums as may be
necessary to pay to each eligible student (defined in accordance
with section 1091 of this title) for each academic year during
which that student is in attendance at an institution of higher
education, as an undergraduate, a Federal Pell Grant in the amount
for which that student is eligible, as determined pursuant to
subsection (b) of this section. Not less than 85 percent of such
sums shall be advanced to eligible institutions prior to the start
of each payment period and shall be based upon an amount requested
by the institution as needed to pay eligible students until such
time as the Secretary determines and publishes in the Federal
Register with an opportunity for comment, an alternative payment
system that provides payments to institutions in an accurate and
timely manner,, (FOOTNOTE 1) except that this sentence shall not be
construed to limit the authority of the Secretary to place an
institution on a reimbursement system of payment.
(FOOTNOTE 1) So in original.
(2) Nothing in this section shall be interpreted to prohibit the
Secretary from paying directly to students, in advance of the
beginning of the academic term, an amount for which they are
eligible, in cases where the eligible institution elects not to
participate in the disbursement system required by paragraph (1).
(3) Grants made under this subpart shall be known as ''Federal
Pell Grants''.
(b) Purpose and amount of grants
(1) The purpose of this subpart is to provide a Federal Pell
Grant that in combination with reasonable family and student
contribution and supplemented by the programs authorized under
subparts 3 and 4 of this part, will meet at least 75 percent of a
student's cost of attendance (as defined in section 1087ll of this
title), unless the institution determines that a greater amount of
assistance would better serve the purposes of section 1070
(FOOTNOTE 2) of this title.
(FOOTNOTE 2) See References in Text note below.
(2)(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be -
(i) $4,500 for academic year 1999-2000;
(ii) $4,800 for academic year 2000-2001;
(iii) $5,100 for academic year 2001-2002;
(iv) $5,400 for academic year 2002-2003; and
(v) $5,800 for academic year 2003-2004,
less an amount equal to the amount determined to be the expected
family contribution with respect to that student for that year.
(B) In any case where a student attends an institution of higher
education on less than a full-time basis (including a student who
attends an institution of higher education on less than a half-time
basis) during any academic year, the amount of the Federal Pell
Grant to which that student is entitled shall be reduced in
proportion to the degree to which that student is not so attending
on a full-time basis, in accordance with a schedule of reductions
established by the Secretary for the purposes of this division,
computed in accordance with this subpart. Such schedule of
reductions shall be established by regulation and published in the
Federal Register in accordance with section 1089 of this title.
(3)(A) For any academic year for which an appropriation Act
provides a maximum basic grant in an amount in excess of $2,700,
the amount of a student's basic grant shall equal $2,700 plus -
(i) one-half of the amount by which such maximum basic grant
exceeds $2,700; plus
(ii) the lesser of -
(I) the remaining one-half of such excess; or
(II) the sum of the student's tuition and, if the student has
dependent care expenses (as described in section 1087ll(8) of
this title) or disability-related expenses (as described in
section 1087ll(9) of this title), an allowance determined by
the institution for such expenses.
(B) An institution that charged only fees in lieu of tuition as
of October 1, 1998, may include in the institution's determination
of tuition charged, fees that would normally constitute tuition.
(4) No Federal Pell Grant under this subpart shall exceed the
difference between the expected family contribution for a student
and the cost of attendance (as defined in section 1087ll of this
title) at the institution at which that student is in attendance.
If, with respect to any student, it is determined that the amount
of a Federal Pell Grant plus the amount of the expected family
contribution for that student exceeds the cost of attendance for
that year, the amount of the Federal Pell Grant shall be reduced
until the combination of expected family contribution and the
amount of the Federal Pell Grant does not exceed the cost of
attendance at such institution.
(5) No Federal Pell Grant shall be awarded to a student under
this subpart if the amount of that grant for that student as
determined under this subsection for any academic year is less than
$400, except that a student who is eligible for a Federal Pell
Grant that is equal to or greater than $200 but less than $400
shall be awarded a Federal Pell Grant of $400.
(6)(A) The Secretary may allow, on a case-by-case basis, a
student to receive 2 Pell grants during a single award year, if -
(i) the student is enrolled full-time in an associate or
baccalaureate degree program of study that is 2 years or longer
at an eligible institution that is computed in credit hours; and
(ii) the student completes course work toward completion of an
associate or baccalaureate degree that exceeds the requirements
for a full academic year as defined by the institution.
(B) The Secretary shall promulgate regulations implementing this
paragraph.
(7) Notwithstanding any other provision of this subpart, the
Secretary shall allow the amount of the Federal Pell Grant to be
exceeded for students participating in a program of study abroad
approved for credit by the institution at which the student is
enrolled when the reasonable costs of such program are greater than
the cost of attendance at the student's home institution, except
that the amount of such Federal Pell Grant in any fiscal year shall
not exceed the grant level specified in the appropriate
Appropriation Act for this subpart for such year. If the preceding
sentence applies, the financial aid administrator at the home
institution may use the cost of the study abroad program, rather
than the home institution's cost, to determine the cost of
attendance of the student.
(8) No Federal Pell Grant shall be awarded under this subpart to
any individual who is incarcerated in any Federal or State penal
institution.
(c) Period of eligibility for grants
(1) The period during which a student may receive Federal Pell
Grants shall be the period required for the completion of the first
undergraduate baccalaureate course of study being pursued by that
student at the institution at which the student is in attendance
except that any period during which the student is enrolled in a
noncredit or remedial course of study as defined in paragraph (2)
shall not be counted for the purpose of this paragraph.
(2) Nothing in this section shall exclude from eligibility
courses of study which are noncredit or remedial in nature
(including courses in English language instruction) which are
determined by the institution to be necessary to help the student
be prepared for the pursuit of a first undergraduate baccalaureate
degree or certificate or, in the case of courses in English
language instruction, to be necessary to enable the student to
utilize already existing knowledge, training, or skills. Nothing
in this section shall exclude from eligibility programs of study
abroad that are approved for credit by the home institution at
which the student is enrolled.
(3) No student is entitled to receive Pell Grant payments
concurrently from more than one institution or from the Secretary
and an institution.
(4) Notwithstanding paragraph (1), the Secretary may allow, on a
case-by-case basis, a student to receive a Federal Pell Grant if
the student -
(A) is carrying at least one-half the normal full-time work
load for the course of study the student is pursuing, as
determined by the institution of higher education; and
(B) is enrolled or accepted for enrollment in a
postbaccalaureate program that does not lead to a graduate
degree, and in courses required by a State in order for the
student to receive a professional certification or licensing
credential that is required for employment as a teacher in an
elementary school or secondary school in that State,
except that this paragraph shall not apply to a student who is
enrolled in an institution of higher education that offers a
baccalaureate degree in education.
(d) Applications for grants
(1) The Secretary shall from time to time set dates by which
students shall file applications for Federal Pell Grants under this
subpart.
(2) Each student desiring a Federal Pell Grant for any year shall
file an application therefor containing such information and
assurances as the Secretary may deem necessary to enable the
Secretary to carry out the functions and responsibilities of this
subpart.
(e) Distribution of grants to students
Payments under this section shall be made in accordance with
regulations promulgated by the Secretary for such purpose, in such
manner as will best accomplish the purpose of this section. Any
disbursement allowed to be made by crediting the student's account
shall be limited to tuition and fees and, in the case of
institutionally owned housing, room and board. The student may
elect to have the institution provide other such goods and services
by crediting the student's account.
(f) Calculation of eligibility
(1) Each contractor processing applications for awards under this
subpart (including a central processor, if any, designated by the
Secretary) shall, in a timely manner, furnish to the student
financial aid administrator (at each institution of higher
education which a student awarded a Federal Pell Grant under this
subpart is attending), as a part of its regular output document,
the expected family contribution for each such student. Each such
student financial aid administrator shall -
(A) examine and assess the data used to calculate the expected
family contribution of the student furnished pursuant to this
subsection;
(B) recalculate the expected family contribution of the student
if there has been a change in circumstances of the student or in
the data submitted;
(C) make the award to the student in the correct amount; and
(D) after making such award report the corrected data to such
contractor and to a central processor (if any) designated by the
Secretary for a confirmation of the correct computation of amount
of the expected family contribution for each such student.
(2) Whenever a student receives an award under this subpart that,
due to recalculation errors by the institution of higher education,
is in excess of the amount which the student is entitled to receive
under this subpart, such institution of higher education shall pay
to the Secretary the amount of such excess unless such excess can
be resolved in a subsequent disbursement to the institution.
(3) Each contractor processing applications for awards under this
subpart shall for each academic year after academic year 1986-1987
prepare and submit a report to the Secretary on the correctness of
the computations of amount of the expected family contribution, and
on the accuracy of the questions on the application form under this
subpart for the previous academic year for which the contractor is
responsible. The Secretary shall transmit the report, together
with the comments and recommendations of the Secretary, to the
Committee on Appropriations and the Committee on Labor and Human
Resources of the Senate and the Committee on Appropriations and the
Committee on Education and the Workforce of the House of
Representatives.
(g) Insufficient appropriations
If, for any fiscal year, the funds appropriated for payments
under this subpart are insufficient to satisfy fully all
entitlements, as calculated under subsection (b) of this section
(but at the maximum grant level specified in such appropriation),
the Secretary shall promptly transmit a notice of such
insufficiency to each House of the Congress, and identify in such
notice the additional amount that would be required to be
appropriated to satisfy fully all entitlements (as so calculated at
such maximum grant level).
(h) Use of excess funds
(1) If, at the end of a fiscal year, the funds available for
making payments under this subpart exceed the amount necessary to
make the payments required under this subpart to eligible students
by 15 percent or less, then all of the excess funds shall remain
available for making payments under this subpart during the next
succeeding fiscal year.
(2) If, at the end of a fiscal year, the funds available for
making payments under this subpart exceed the amount necessary to
make the payments required under this subpart to eligible students
by more than 15 percent, then all of such funds shall remain
available for making such payments but payments may be made under
this paragraph only with respect to entitlements for that fiscal
year.
(i) Treatment of institutions and students under other laws
Any institution of higher education which enters into an
agreement with the Secretary to disburse to students attending that
institution the amounts those students are eligible to receive
under this subpart shall not be deemed, by virtue of such
agreement, a contractor maintaining a system of records to
accomplish a function of the Secretary. Recipients of Pell Grants
shall not be considered to be individual grantees for purposes of
subtitle D of title V of Public Law 100-690 (41 U.S.C. 701 et
seq.).
(j) Institutional ineligibility based on default rates
(1) In general
No institution of higher education shall be an eligible
institution for purposes of this subpart if such institution of
higher education is ineligible to participate in a loan program
under part B or C of this subchapter as a result of a final
default rate determination made by the Secretary under part B or
C of this subchapter after the final publication of cohort
default rates for fiscal year 1996 or a succeeding fiscal year.
(2) Sanctions subject to appeal opportunity
No institution may be subject to the terms of this subsection
unless the institution has had the opportunity to appeal the
institution's default rate determination under regulations issued
by the Secretary for the loan program authorized under part B or
C of this subchapter, as applicable. This subsection shall not
apply to an institution that was not participating in the loan
program authorized under part B or C of this subchapter on
October 7, 1998, unless the institution subsequently participates
in the loan programs.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 401, formerly Sec. 411, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1309; amended Pub. L. 100-50, Sec. 3(a), June 3, 1987, 101 Stat.
337; renumbered Sec. 401 and amended Pub. L. 102-325, title IV,
Sec. 401(a)-(h), 402(a)(3), July 23, 1992, 106 Stat. 479-482; Pub.
L. 103-208, Sec. 2(b)(1)-(5), (k)(1), Dec. 20, 1993, 107 Stat.
2458, 2485; Pub. L. 103-322, title II, Sec. 20411(a), Sept. 13,
1994, 108 Stat. 1828; Pub. L. 105-244, title IV, Sec. 401(a)-(f),
(g)(3), (4), Oct. 7, 1998, 112 Stat. 1650-1652.)
-REFTEXT-
REFERENCES IN TEXT
Section 1070 of this title, referred to in subsec. (b)(1), was in
the original a reference to section 401, meaning section 401 of the
Higher Education Act of 1965, Pub. L. 89-329. Sections 401 and 411
of that Act were renumbered as sections 400 and 401, respectively,
by Pub. L. 102-325, title IV, Sec. 402(a)(3), July 23, 1992, 106
Stat. 482, and are classified to sections 1070 and 1070a of this
title, respectively.
Subtitle D of title V of Public Law 100-690, referred to in
subsec. (i), is subtitle D (Sec. 5151-5160) of title V of Pub. L.
100-690, Nov. 18, 1988, 102 Stat. 4304, commonly known as the
Drug-Free Workplace Act of 1988, which is classified generally to
chapter 10 (Sec. 701 et seq.) of Title 41, Public Contracts. For
complete classification of this Act to the Code, see Short Title
note set out under section 701 of Title 41 and Tables.
-MISC2-
PRIOR PROVISIONS
A prior section 1070a, Pub. L. 89-329, title IV, Sec. 411, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 248; amended Pub. L. 94-328, Sec. 2(f), June 30, 1976, 90
Stat. 727; Pub. L. 94-482, title I, Sec. 121(a), (b)(1), (c)-(i),
Oct. 12, 1976, 90 Stat. 2091-2093; Pub. L. 95-43, Sec. 1(a)(5),
June 15, 1977, 91 Stat. 213; Pub. L. 95-566, Sec. 2, Nov. 1, 1978,
92 Stat. 2402; Pub. L. 96-49, Sec. 5(a)(1), (2)(A), Aug. 13, 1979,
93 Stat. 351; Pub. L. 96-374, title IV, Sec. 402, title XIII, Sec.
1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503; Pub. L. 97-301, Sec.
8(a), Oct. 13, 1982, 96 Stat. 1402, related to basic educational
opportunity grants, amount and determinations, and applications,
prior to the general revision of this part by Pub. L. 99-498.
A prior section 401 of Pub. L. 89-329 was renumbered section 400
by section 402(a)(3) of Pub. L. 102-325 and is classified to
section 1070 of this title.
Another prior section 401 of Pub. L. 89-329, title IV, as added
and amended Pub. L. 92-318, title I, Sec. 131(b)(1), title X, Sec.
1001(c)(1), (2), June 23, 1972, 86 Stat. 247, 381; Pub. L. 94-482,
title I, Sec. 125, Oct. 12, 1976, 90 Stat. 2096; Pub. L. 96-374,
title IV, Sec. 401, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94
Stat. 1401, 1503, which stated purpose of program of grants to
students in attendance at institutions of higher education, was
classified to section 1070 of this title, prior to the general
revision of this part by Pub. L. 99-498.
AMENDMENTS
1998 - Pub. L. 105-244, Sec. 401(g)(3)(A), substituted ''Federal
Pell'' for ''Basic educational opportunity'' in section catchline.
Subsec. (a)(1). Pub. L. 105-244, Sec. 401(g)(3)(C), substituted
''Federal Pell Grant'' for ''basic grant''.
Pub. L. 105-244, Sec. 401(a), substituted ''For each fiscal year
through fiscal year 2004, the Secretary shall'' for ''The Secretary
shall, during the period beginning July 1, 1972, and ending
September 30, 1998,'' and inserted ''until such time as the
Secretary determines and publishes in the Federal Register with an
opportunity for comment, an alternative payment system that
provides payments to institutions in an accurate and timely
manner,'' after ''pay eligible students''.
Subsec. (a)(3). Pub. L. 105-244, Sec. 401(g)(3)(B), substituted
''Grants made'' for ''Basic grants made''.
Subsec. (b)(1). Pub. L. 105-244, Sec. 401(g)(3)(C), substituted
''Federal Pell Grant'' for ''basic grant''.
Subsec. (b)(2)(A). Pub. L. 105-244, Sec. 401(b), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
''The amount of the basic grant for a student eligible under this
part shall be -
''(i) $3,700 for academic year 1993-1994,
''(ii) $3,900 for academic year 1994-1995,
''(iii) $4,100 for academic year 1995-1996,
''(iv) $4,300 for academic year 1996-1997, and
''(v) $4,500 for academic year 1997-1998,
less an amount equal to the amount determined to be the expected
family contribution with respect to that student for that year.''
Subsec. (b)(2)(B). Pub. L. 105-244, Sec. 401(g)(3)(C),
substituted ''Federal Pell Grant'' for ''basic grant''.
Subsec. (b)(3). Pub. L. 105-244, Sec. 401(c), amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
''(3)(A) For any academic year for which an appropriation Act
provides a maximum basic grant in an amount in excess of $2,400,
the amount of a student's basic grant shall equal $2,400 plus -
''(i) one-half of the amount by which such maximum basic grant
exceeds $2,400; plus
''(ii) the lesser of -
''(I) the remaining one-half of such excess; or
''(II) the sum of the student's tuition and the student's
allowance determined under subparagraph (B), if applicable.
''(B) For purposes of subparagraph (A)(ii)(II), a student's
allowance is $750 if the student has dependent care expenses (as
defined in section 1087ll(8) of this title) or disability related
expenses (as defined in section 1087ll(9) of this title).''
Subsec. (b)(4), (5). Pub. L. 105-244, Sec. 401(g)(3)(C),
substituted ''Federal Pell Grant'' for ''basic grant'' wherever
appearing.
Subsec. (b)(6). Pub. L. 105-244, Sec. 401(d), designated existing
provisions as subpar. (A), redesignated former subpars. (A) and (B)
as cls. (i) and (ii), respectively, and added subpar. (B).
Subsec. (b)(7), (8). Pub. L. 105-244, Sec. 401(g)(3)(C),
substituted ''Federal Pell Grant'' for ''basic grant'' wherever
appearing.
Subsec. (c)(1). Pub. L. 105-244, Sec. 401(g)(3)(D), substituted
''Federal Pell Grants'' for ''basic grants''.
Subsec. (c)(4). Pub. L. 105-244, Sec. 401(g)(3)(C), substituted
''Federal Pell Grant'' for ''basic grant'' in introductory
provisions.
Pub. L. 105-244, Sec. 401(e), added par. (4).
Subsec. (d)(1). Pub. L. 105-244, Sec. 401(g)(3)(D), substituted
''Federal Pell Grants'' for ''basic grants''.
Subsecs. (d)(2), (f)(1). Pub. L. 105-244, Sec. 401(g)(3)(C),
substituted ''Federal Pell Grant'' for ''basic grant''.
Subsec. (f)(3). Pub. L. 105-244, Sec. 401(g)(4), substituted
''Education and the Workforce'' for ''Education and Labor''.
Subsec. (j). Pub. L. 105-244, Sec. 401(f), added subsec. (j).
1994 - Subsec. (b)(8). Pub. L. 103-322 amended par. (8)
generally. Prior to amendment, par. (8) read as follows:
''(8)(A) No basic grant shall be awarded to an incarcerated
student under this subpart that exceeds the sum of the amount of
tuition and fees normally assessed by the institution of higher
education for the course of study such student is pursuing plus an
allowance (determined in accordance with regulations issued by the
Secretary) for books and supplies associated with such course of
study, except that no basic grant shall be awarded to any
incarcerated student serving under sentence of death or any life
sentence without eligibility for parole or release.
''(B) Basic grants under this subpart shall only be awarded to
incarcerated individuals in a State if such grants are used to
supplement and not supplant the level of postsecondary education
assistance provided by such State to incarcerated individuals in
fiscal year 1988.''
1993 - Subsec. (a)(1). Pub. L. 103-208, Sec. 2(b)(1), inserted
before period at end of second sentence '', except that this
sentence shall not be construed to limit the authority of the
Secretary to place an institution on a reimbursement system of
payment''.
Subsec. (b)(2)(B). Pub. L. 103-208, Sec. 2(k)(1), amended
directory language of Pub. L. 102-325, Sec. 401(d)(2)(A). See 1992
Amendment note below.
Subsec. (b)(6). Pub. L. 103-208, Sec. 2(b)(2)-(4), substituted
''single award year'' for ''single 12-month period'' in
introductory provisions, ''an associate or baccalaureate'' for ''a
baccalaureate'' in subpar. (A), and ''an associate or
baccalaureate'' for ''a bachelor's'' in subpar. (B).
Subsec. (i). Pub. L. 103-208, Sec. 2(b)(5), substituted
''subtitle D of title V'' for ''part D of title V''.
1992 - Subsec. (a)(1). Pub. L. 102-325, Sec. 401(a), substituted
''September 30, 1998'' for ''September 30, 1992'' and ''subsection
(b) of this section'' for ''paragraph (2)''.
Subsec. (a)(3). Pub. L. 102-325, Sec. 401(b), substituted
''Federal Pell Grants'' for ''Pell Grants''.
Subsec. (b)(1). Pub. L. 102-325, Sec. 401(c), struck out ''(A) as
determined under paragraph (2), will meet 60 percent of a student's
cost of attendance (as defined in section 1070a-6 of this title);
and (B)'' after ''basic grant that'' and substituted ''family and
student'' for ''parental or independent student'', ''subparts 3 and
4'' for ''subparts 2 and 3'', and ''will meet at least 75 percent''
for ''will meet 75 percent''.
Subsec. (b)(2)(A)(i) to (v). Pub. L. 102-325, Sec. 401(d)(1),
added cls. (i) to (v) and struck out former cls. (i) to (v) which
read as follows:
''(i) $2,300 for academic year 1987-1988,
''(ii) $2,500 for academic year 1988-1989,
''(iii) $2,700 for academic year 1989-1990,
''(iv) $2,900 for academic year 1990-1991, and
''(v) $3,100 for academic year 1991-1992,''.
Subsec. (b)(2)(B). Pub. L. 102-325, Sec. 401(d)(2)(A), as amended
by Pub. L. 103-208, Sec. 2(k)(1), inserted ''(including a student
who attends an institution of higher education on less than a
half-time basis)'' in first sentence after ''full-time basis'' the
first time appearing.
Pub. L. 102-325, Sec. 401(d)(2)(B), inserted '', computed in
accordance with this subpart'' before period at end of first
sentence.
Subsec. (b)(3). Pub. L. 102-325, Sec. 401(d)(3), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''The
amount of a basic grant to which a student is entitled under this
subpart for any academic year shall not exceed 60 percent of the
cost of attendance (as defined in section 1070a-6 of this title) at
the institution at which the student is in attendance for that
year.''
Subsec. (b)(4). Pub. L. 102-325, Sec. 401(d)(4), substituted
''section 1087ll'' for ''section 1070a-6''.
Subsec. (b)(5). Pub. L. 102-325, Sec. 401(d)(5), substituted
''$400, except that a student who is eligible for a basic grant
that is equal to or greater than $200 but less than $400 shall be
awarded a basic grant of $400'' for ''$200''.
Subsec. (b)(6) to (8). Pub. L. 102-325, Sec. 401(d)(6), added
pars. (6) to (8) and struck out former pars. (6) and (7) which
limited or prohibited basic grants from funds appropriated for
fiscal years prior to 1992 to students attending on a less than
half-time basis.
Subsec. (c)(1). Pub. L. 102-325, Sec. 401(e)(1), substituted
''any period during which the student is enrolled in a noncredit or
remedial course of study as defined in paragraph (2) shall not be
counted for the purpose of this paragraph.'' for '' -
''(A) such period may not exceed the full-time equivalent of -
''(i) 5 academic years in the case of an undergraduate degree
or certificate program normally requiring 4 years or less;
''(ii) 6 academic years in the case of an undergraduate
degree or certificate program normally requiring more than 4
years;
''(B) any period during which the student is enrolled in a
noncredit or remedial course of study as defined in paragraph (2)
shall not be counted for the purpose of subparagraph (A); and
''(C) an institution of higher education at which the student
is in attendance may waive subparagraph (A) for undue hardship
based on -
''(i) the death of a relative of the student;
''(ii) the personal injury or illness of the student; or
''(iii) special circumstances as determined by the
institution.''
Subsec. (c)(2). Pub. L. 102-325, Sec. 401(e)(2), inserted at end
''Nothing in this section shall exclude from eligibility programs
of study abroad that are approved for credit by the home
institution at which the student is enrolled.''
Subsec. (f)(1). Pub. L. 102-325, Sec. 401(f)(1), substituted '',
as a part of its regular output document, the expected family
contribution'' for ''an estimate of the eligibility index'' in
introductory provisions and ''expected family contribution'' for
''eligibility index'' in subpars. (A), (B), and (D).
Subsec. (f)(3). Pub. L. 102-325, Sec. 401(f)(2), substituted
''expected family contribution'' for ''eligibility index''.
Subsec. (g). Pub. L. 102-325, Sec. 401(g), struck out
''Adjustments for'' before ''insufficient appropriations'' in
heading and amended text generally. Prior to amendment, text read
as follows:
''(1) If, for any fiscal year, the funds appropriated for
payments under this subpart are insufficient to satisfy fully all
entitlements, as calculated under subsection (b) of this section,
the amount paid with respect to each entitlement shall be -
''(A) the full amount for any student whose expected family
contribution is $200 or less, or
''(B) a percentage of that entitlement, as determined in
accordance with a schedule of reductions established by the
Secretary for this purpose, for any student whose expected family
contribution is more than $200.
''(2) Any schedule established by the Secretary for the purpose
of paragraph (1)(B) of this subsection shall contain a single
linear reduction formula in which the percentage reduction
increases uniformly as the entitlement decreases, and shall provide
that if an entitlement is reduced to less than $100, no payment
shall be made.''
Subsec. (i). Pub. L. 102-325, Sec. 401(h), substituted
''Treatment of institutions and students under other laws'' for
''Noncontractor status of institutions'' in heading and inserted at
end of text ''Recipients of Pell Grants shall not be considered to
be individual grantees for purposes of part D of title V of Public
Law 100-690.''
1987 - Subsec. (g)(2). Pub. L. 100-50 substituted ''paragraph
(1)(B)'' for ''paragraph (1)''.
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 1994 AMENDMENT
Section 20411(b) of Pub. L. 103-322 provided that: ''The
amendment made by this section (amending this section) shall apply
with respect to periods of enrollment beginning on or after the
date of enactment of this Act (Sept. 13, 1994).''
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by section 2(b)(1), (3)-(5), (k)(1) of Pub. L. 103-208
effective as if included in the Higher Education Amendments of
1992, Pub. L. 102-325, and amendment by section 2(b)(2) of Pub. L.
103-208 effective on and after Dec. 20, 1993, see section 5(a),
(b)(2) of Pub. L. 103-208, set out as a note under section 1051 of
this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 410 of Pub. L. 102-325 provided that: ''The changes made
in part A of title IV of the Act (20 U.S.C. 1070 et seq.) by the
amendments made by this part (part A (Sec. 401-410) of title IV of
Pub. L. 102-325, see Tables for classification) shall take effect
on the date of enactment of this Act (July 23, 1992), except -
''(1) as otherwise provided in such part A;
''(2) that the changes made in section 411 (this section),
relating to Pell Grants, shall apply to the awarding of Pell
Grants for periods of enrollment beginning on or after July 1,
1993; and
''(3) that the changes in section 413C(a)(2) (20 U.S.C.
1070b-2(a)(2)), relating to the Federal share for the
supplemental educational opportunity grant program, shall apply
to funds provided for such program for the award years beginning
on or after July 1, 1993.''
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.
EFFECTIVE DATE
Section effective Oct. 17, 1986, except as otherwise provided,
see section 2 of Pub. L. 99-498, set out as a note under section
1001 of this title.
Section 401(b)(3), (4) of Pub. L. 99-498 provided that:
''(3) Section 411(c) of the Act (20 U.S.C. 1070a(c)) as amended
by this section shall apply only to individuals who receive a Pell
Grant for the first time for a period of enrollment beginning on or
after July 1, 1987.
''(4) Section 411(f) of the Act (20 U.S.C. 1070a(f)) as amended
by this section shall apply to the awarding of Pell Grants for
periods of enrollment beginning on or after July 1, 1987.''
STUDY OF PELL GRANT ELIGIBILITY FOR LESS THAN HALF-TIME STUDENTS
Section 1306 of Pub. L. 99-498 directed Secretary to conduct a
study and report to Congress not later than Sept. 30, 1988, on the
number of less than half-time students who would be eligible for
Pell grants by reason of having an expected family contribution of
$0 and of $0-$200 for the appropriate academic years, prior to
repeal by Pub. L. 105-332, Sec. 6(a), Oct. 31, 1998, 112 Stat.
3127.
MAXIMUM PELL GRANTS
Provisions limiting the maximum Pell grant that a student may
receive were contained in the following appropriation acts:
Pub. L. 107-116, title III, Jan. 10, 2002, 115 Stat. 2205.
Pub. L. 106-554, Sec. 1(a)(1) (title III), Dec. 21, 2000, 114
Stat. 2763, 2763A-37.
Pub. L. 106-113, div. B, Sec. 1000(a)(4) (title III), Nov. 29,
1999, 113 Stat. 1535, 1501A-251.
Pub. L. 105-277, div. A, Sec. 101(f) (title III), Oct. 21, 1998,
112 Stat. 2681-337, 2681-369.
Pub. L. 105-78, title III, Nov. 13, 1997, 111 Stat. 1501.
Pub. L. 104-208, div. A, title I, Sec. 101(e) (title III), Sept.
30, 1996, 110 Stat. 3009-233, 3009-257.
Pub. L. 104-134, title I, Sec. 101(d) (title III), Apr. 26, 1996,
110 Stat. 1321-211, 1321-232; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 104-99, title I, Sec. 119, Jan. 26, 1996, 110 Stat. 30,
prior to repeal by Pub. L. 104-134, title I, Sec. 101(d) (title V,
Sec. 518), Apr. 26, 1996, 110 Stat. 1321-211, 1321-248; renumbered
title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-333, title III, Sept. 30, 1994, 108 Stat. 2564.
Pub. L. 103-112, title III, Oct. 21, 1993, 107 Stat. 1104.
Pub. L. 102-394, title III, Oct. 6, 1992, 106 Stat. 1816.
Pub. L. 102-170, title III, Nov. 26, 1991, 105 Stat. 1131.
Pub. L. 101-517, title III, Nov. 5, 1990, 104 Stat. 2212.
Pub. L. 101-166, title III, Nov. 21, 1989, 103 Stat. 1182.
Pub. L. 100-436, title III, Sept. 20, 1988, 102 Stat. 1704.
Pub. L. 100-202, Sec. 101(h) (title III), Dec. 22, 1987, 101
Stat. 1329-256, 1329-279.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-25, 1090 of this
title.
-CITE-
20 USC Sec. 1070a-1 to 1070a-6 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 1 - federal pell grants
-HEAD-
Sec. 1070a-1 to 1070a-6. Repealed. Pub. L. 102-325, title IV, Sec.
401(i), July 23, 1992, 106 Stat. 482
-MISC1-
Section 1070a-1, Pub. L. 89-329, title IV, Sec. 411A, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1312; amended Pub. L. 100-50, Sec. 3(b)(1), June 3, 1987, 101 Stat.
337; Pub. L. 100-369, Sec. 7(c), July 18, 1988, 102 Stat. 837,
related to family contribution schedule for Pell Grants and data
elements.
Section 1070a-2, Pub. L. 89-329, title IV, Sec. 411B, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1313; amended Pub. L. 100-50, Sec. 3(b)(2), (c)-(f)(1), (4), (5),
(g), June 3, 1987, 101 Stat. 337, 338; Pub. L. 102-54, Sec.
13(g)(1)(B), June 13, 1991, 105 Stat. 275, related to eligibility
determination for dependent students.
Section 1070a-3, Pub. L. 89-329, title IV, Sec. 411C, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1316; amended Pub. L. 100-50, Sec. 3(b)(3), (c)(1), (f)(2), (4),
(5), (g), (h)(2), June 3, 1987, 101 Stat. 337, 338; Pub. L.
100-369, Sec. 7(c), July 18, 1988, 102 Stat. 837; Pub. L. 102-54,
Sec. 13(g)(1)(C), June 13, 1991, 105 Stat. 275, related to
eligibility determination for independent students with dependents
other than a spouse.
Section 1070a-4, Pub. L. 89-329, title IV, Sec. 411D, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1319; amended Pub. L. 100-50, Sec. 3(b)(4), (c)(1), (f)(3), (4),
(g), June 3, 1987, 101 Stat. 337, 338; Pub. L. 100-369, Sec. 7(c),
July 18, 1988, 102 Stat. 837; Pub. L. 102-54, Sec. 13(g)(1)(D),
June 13, 1991, 105 Stat. 275, related to eligibility determination
for single independent students or for married independent students
without other dependents.
Section 1070a-5, Pub. L. 89-329, title IV, Sec. 411E, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1322, related to regulations and updated tables.
Section 1070a-6, Pub. L. 89-329, title IV, Sec. 411F, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1323; amended Pub. L. 100-50, Sec. 3(h)(1), (i)-(m), June 3, 1987,
101 Stat. 338, 339; Pub. L. 100-369, Sec. 7(a), (c), July 18, 1988,
102 Stat. 836, 837; Pub. L. 101-610, title I, Sec. 185(1), (2),
Nov. 16, 1990, 104 Stat. 3167, related to definitions and
determinations.
-CITE-
20 USC subpart 2 - federal early outreach and student
services programs 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
.
-HEAD-
subpart 2 - federal early outreach and student services programs
-COD-
CODIFICATION
Pub. L. 102-325, title IV, Sec. 402(a)(2), (4), July 23, 1992,
106 Stat. 482, added subpart 2 and redesignated former subpart 2
comprising sections 1070b to 1070b-3 of this title as subpart 3.
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 1087kk, 1087mm, 1087oo,
1087pp, 1087qq of this title.
-CITE-
20 USC Division 1 - Federal TRIO Programs 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
.
-HEAD-
Division 1 - Federal TRIO Programs
-SECREF-
DIVISION REFERRED TO IN OTHER SECTIONS
This division is referred to in sections 1011b, 1070a-25, 6534 of
this title.
-CITE-
20 USC Sec. 1070a-11 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-11. Program authority; authorization of appropriations
-STATUTE-
(a) Grants and contracts authorized
The Secretary shall, in accordance with the provisions of this
division, carry out a program of making grants and contracts
designed to identify qualified individuals from disadvantaged
backgrounds, to prepare them for a program of postsecondary
education, to provide support services for such students who are
pursuing programs of postsecondary education, to motivate and
prepare students for doctoral programs, and to train individuals
serving or preparing for service in programs and projects so
designed.
(b) Recipients, duration, and size
(1) Recipients
For the purposes described in subsection (a) of this section,
the Secretary is authorized, without regard to section 5 of title
41, to make grants to, and contracts with, institutions of higher
education, public and private agencies and organizations,
combinations of such institutions, agencies and organizations,
and in exceptional circumstances, secondary schools, for
planning, developing, or carrying out one or more of the services
assisted under this division.
(2) Duration
Grants or contracts made under this division shall be awarded
for a period of 4 years, except that -
(A) the Secretary shall award such grants or contracts for 5
years to applicants whose peer review scores were in the
highest 10 percent of scores of all applicants receiving grants
or contracts in each program competition for the same award
year;
(B) grants made under section 1070a-17 of this title shall be
awarded for a period of 2 years; and
(C) grants under section 1070a-18 of this title shall be
awarded for a period determined by the Secretary.
(3) Minimum grants
Unless the institution or agency requests a smaller amount,
individual grants under this division shall be no less than -
(A) $170,000 for programs authorized by sections 1070a-14 and
1070a-17 of this title;
(B) $180,000 for programs authorized by sections 1070a-12 and
1070a-16 of this title; and
(C) $190,000 for programs authorized by sections 1070a-13 and
1070a-15 of this title.
(c) Procedures for awarding grants and contracts
(1) Application requirements
An eligible entity that desires to receive a grant or contract
under this division shall submit an application to the Secretary
in such manner and form, and containing such information and
assurances, as the Secretary may reasonably require.
(2) Prior experience
In making grants under this division, the Secretary shall
consider each applicant's prior experience of service delivery
under the particular program for which funds are sought. The
level of consideration given the factor of prior experience shall
not vary from the level of consideration given such factor during
fiscal years 1994 through 1997, except that grants made under
section 1070a-18 of this title shall not be given prior
experience consideration.
(3) Order of awards; program fraud
(A) Except with respect to grants made under sections 1070a-17
and 1070a-18 of this title and as provided in subparagraph (B),
the Secretary shall award grants and contracts under this
division in the order of the scores received by the application
for such grant or contract in the peer review process required
under paragraph (4) and adjusted for prior experience in
accordance with paragraph (2) of this subsection.
(B) The Secretary is not required to provide assistance to a
program otherwise eligible for assistance under this division, if
the Secretary has determined that such program has involved the
fraudulent use of funds under this division.
(4) Peer review process
(A) The Secretary shall ensure that, to the extent practicable,
members of groups underrepresented in higher education, including
African Americans, Hispanics, Native Americans, Alaska Natives,
Asian Americans, and Native American Pacific Islanders (including
Native Hawaiians), are represented as readers of applications
submitted under this division. The Secretary shall also ensure
that persons from urban and rural backgrounds are represented as
readers.
(B) The Secretary shall ensure that each application submitted
under this division is read by at least three readers who are not
employees of the Federal Government (other than as readers of
applications).
(5) Number of applications for grants and contracts
The Secretary shall not limit the number of applications
submitted by an entity under any program authorized under this
division if the additional applications describe programs serving
different populations or campuses.
(6) Coordination with other programs for disadvantaged students
The Secretary shall encourage coordination of programs assisted
under this division with other programs for disadvantaged
students operated by the sponsoring institution or agency,
regardless of the funding source of such programs. The Secretary
shall not limit an entity's eligibility to receive funds under
this division because such entity sponsors a program similar to
the program to be assisted under this division, regardless of the
funding source of such program. The Secretary shall permit the
Director of a program receiving funds under this division to
administer one or more additional programs for disadvantaged
students operated by the sponsoring institution or agency,
regardless of the funding sources of such programs.
(7) Application status
The Secretary shall inform each entity operating programs under
this division regarding the status of their application for
continued funding at least 8 months prior to the expiration of
the grant or contract. The Secretary, in the case of an entity
that is continuing to operate a successful program under this
division, shall ensure that the start-up date for a new grant or
contract for such program immediately follows the termination of
the preceding grant or contract so that no interruption of
funding occurs for such successful reapplicants. The Secretary
shall inform each entity requesting assistance under this
division for a new program regarding the status of their
application at least 8 months prior to the proposed startup date
of such program.
(d) Outreach
(1) In general
The Secretary shall conduct outreach activities to ensure that
entities eligible for assistance under this division submit
applications proposing programs that serve geographic areas and
eligible populations which have been underserved by the programs
assisted under this division.
(2) Notice
In carrying out the provisions of paragraph (1), the Secretary
shall notify the entities described in subsection (b) of this
section of the availability of assistance under this subsection
not less than 120 days prior to the deadline for submission of
applications under this division and shall consult national,
State, and regional organizations about candidates for
notification.
(3) Technical assistance
The Secretary shall provide technical training to applicants
for projects and programs authorized under this division. The
Secretary shall give priority to serving programs and projects
that serve geographic areas and eligible populations which have
been underserved by the programs assisted under this division.
Technical training activities shall include the provision of
information on authorizing legislation, goals and objectives of
the program, required activities, eligibility requirements, the
application process and application deadlines, and assistance in
the development of program proposals and the completion of
program applications. Such training shall be furnished at
conferences, seminars, and workshops to be conducted at not less
than 10 sites throughout the United States to ensure that all
areas of the United States with large concentrations of eligible
participants are served.
(4) Special rule
The Secretary may contract with eligible entities to conduct
the outreach activities described in this subsection.
(e) Documentation of status as a low-income individual
(1) Except in the case of an independent student, as defined in
section 1087vv(d) of this title, documentation of an individual's
status pursuant to subsection (g)(2) of this section shall be made
by providing the Secretary with -
(A) a signed statement from the individual's parent or legal
guardian;
(B) verification from another governmental source;
(C) a signed financial aid application; or
(D) a signed United States or Puerto Rico income tax return.
(2) In the case of an independent student, as defined in section
1087vv(d) of this title, documentation of an individual's status
pursuant to subsection (g)(2) of this section shall be made by
providing the Secretary with -
(A) a signed statement from the individual;
(B) verification from another governmental source;
(C) a signed financial aid application; or
(D) a signed United States or Puerto Rico income tax return.
(f) Authorization of appropriations
For the purpose of making grants and contracts under this
division, there are authorized to be appropriated $700,000,000 for
fiscal year 1999, and such sums as may be necessary for each of the
4 succeeding fiscal years. Of the amount appropriated under this
division, the Secretary may use no more than 1/2 of 1 percent of
such amount to obtain additional qualified readers and additional
staff to review applications, to increase the level of oversight
monitoring, to support impact studies, program assessments and
reviews, and to provide technical assistance to potential
applicants and current grantees. In expending these funds, the
Secretary shall give priority to the additional administrative
requirements provided in the Higher Education Amendments of 1992,
to outreach activities, and to obtaining additional readers. The
Secretary shall report to Congress by October 1, 1994, on the use
of these funds.
(g) Definitions
For the purpose of this division:
(1) First generation college student
The term ''first generation college student'' means -
(A) an individual both of whose parents did not complete a
baccalaureate degree; or
(B) in the case of any individual who regularly resided with
and received support from only one parent, an individual whose
only such parent did not complete a baccalaureate degree.
(2) Low-income individual
The term ''low-income individual'' means an individual from a
family whose taxable income for the preceding year did not exceed
150 percent of an amount equal to the poverty level determined by
using criteria of poverty established by the Bureau of the
Census.
(3) Veteran eligibility
No veteran shall be deemed ineligible to participate in any
program under this division by reason of such individual's age
who -
(A) served on active duty for a period of more than 180 days,
any part of which occurred after January 31, 1955, and was
discharged or released therefrom under conditions other than
dishonorable; or
(B) served on active duty after January 31, 1955, and was
discharged or released therefrom because of a service connected
disability.
(4) Waiver
The Secretary may waive the service requirements in
subparagraph (A) or (B) of paragraph (3) if the Secretary
determines the application of the service requirements to a
veteran will defeat the purpose of a program under this division.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402A, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 482; amended
Pub. L. 103-208, Sec. 2(b)(6)-(9), Dec. 20, 1993, 107 Stat. 2458;
Pub. L. 105-244, title I, Sec. 102(b)(1), title IV, Sec. 402(a),
Oct. 7, 1998, 112 Stat. 1622, 1652.)
-REFTEXT-
REFERENCES IN TEXT
The Higher Education Amendments of 1992, referred to in subsec.
(f), is Pub. L. 102-325, July 23, 1992, 106 Stat. 448. For complete
classification of this Act to the Code, see Short Title of 1992
Amendment note set out under section 1001 of this title and Tables.
-MISC2-
REFERENCES TO SUBPART 2, 3, OR 4 OF THIS PART DEEMED TO REFER TO
SUBPART 3, 4, OR 2 OF THIS PART
Section 402(b) of Pub. L. 102-325 provided that: ''Reference in
any provision of law (other than the Act (20 U.S.C. 1001 et seq.))
to subpart 2, 3, or 4 of part A of title IV of the Act shall, after
the date of enactment of this Act (July 23, 1992), be deemed to
refer to subpart 3 (20 U.S.C. 1070b et seq.), 4 (20 U.S.C. 1070c et
seq.), or 2 (20 U.S.C. 1070a-11 et seq.) of such part,
respectively.''
AMENDMENTS
1998 - Subsec. (b)(2)(C). Pub. L. 105-244, Sec. 402(a)(1), added
subpar. (C).
Subsec. (b)(3). Pub. L. 105-244, Sec. 402(a)(2), amended heading
and text of par. (3) generally. Prior to amendment, text read as
follows: ''In any year in which the appropriations authorized under
this division exceed the prior year appropriation as adjusted for
inflation, the Secretary shall use 80 percent of the amount
appropriated above the current services level to bring each award
up to the minimum grant level or the amount requested by the
institution or agency, whichever is less. The minimum grant level
(A) for programs authorized under section 1070a-14 or 1070a-17 of
this title, shall not be less than $170,000 for fiscal year 1993;
(B) for programs authorized under section 1070a-12 or 1070a-16 of
this title shall not be less than $180,000 for fiscal year 1994;
and (C) for programs authorized under section 1070a-13 or 1070a-15
of this title shall not be less than $190,000 for fiscal year
1995.''
Subsec. (c). Pub. L. 105-244, Sec. 402(a)(3), amended subsec. (c)
generally, revising and restating former pars. (1) to (6), relating
to procedures for awarding grants and contracts, as pars. (1) to
(7).
Subsec. (c)(2). Pub. L. 105-244, Sec. 102(b)(1), substituted
''section 1011g'' for ''section 1145d-1''.
Subsec. (f). Pub. L. 105-244, Sec. 402(a)(4), substituted
''$700,000,000 for fiscal year 1999'' for ''$650,000,000 for fiscal
year 1993''.
Subsec. (g)(4). Pub. L. 105-244, Sec. 402(a)(5), added par. (4).
1993 - Subsec. (b)(2). Pub. L. 103-208, Sec. 2(b)(6), added par.
(2) and struck out former par. (2) which read as follows: ''Grants
or contracts made under this division shall be awarded for a period
of 4 years, except that the Secretary shall award such grants or
contracts for 5 years to applicants whose peer review scores were
in the highest 10 percent of scores of all applicants receiving
grants or contracts in each program competition for the same award
year.''
Subsec. (c)(1). Pub. L. 103-208, Sec. 2(b)(7), inserted before
period at end of second sentence '', except that in the case of the
programs authorized in sections 1070a-15 and 1070a-17 of this
title, the level of consideration given to prior experience shall
be the same as the level of consideration given this factor in the
other programs authorized in this division''.
Subsec. (c)(2)(A). Pub. L. 103-208, Sec. 2(b)(8), inserted ''with
respect to grants made under section 1070a-17 of this title, and''
after ''Except''.
Subsec. (e). Pub. L. 103-208, Sec. 2(b)(9), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows:
''Documentation of an individual's status pursuant to subsection
(g)(2) of this section shall be made -
''(1) in the case of an individual who is eighteen years of age
or younger or a dependent student by providing the Secretary with
a signed statement from the parent or legal guardian,
verification from another governmental source, a signed financial
aid application, or a signed United States or Puerto Rican income
tax return; and
''(2) in the case of an individual who is age 18 or older or
who is an independent student, by providing the Secretary with a
signed statement from the individual, verification from another
governmental source, a signed financial aid form, or a signed
United States or Puerto Rican income tax return.''
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 section 2(b)(6), (8), (9) of Pub. L. 103-208
effective as if included in the Higher Education Amendments of
1992, Pub. L. 102-325, except as otherwise provided, and amendment
by section 2(b)(7) of Pub. L. 103-208 effective on and after Dec.
20, 1993, see section 5(a), (b)(2) of Pub. L. 103-208 set out as a
note under section 1051 of this title.
ADVANCED PLACEMENT FEE PAYMENT PROGRAM
Pub. L. 105-244, title VIII, Sec. 810, Oct. 7, 1998, 112 Stat.
1808, which authorized grants to States to enable States to
reimburse low-income individuals to cover part or all of the cost
of advanced placement test fees, required dissemination of
information regarding availability of payments, set forth
requirements for approval of applications and funding rules,
authorized regulations, required annual report, defined terms, and
authorized appropriations, was repealed by Pub. L. 107-110, title
X, Sec. 1011(2), Jan. 8, 2002, 115 Stat. 1986.
Similar provisions were contained in Pub. L. 102-325, title XV,
Sec. 1545, July 23, 1992, 106 Stat. 837, which was repealed by Pub.
L. 107-110, title X, Sec. 1011(1), Jan. 8, 2002, 115 Stat. 1986.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-15, 1070d-2 of this
title.
-CITE-
20 USC Sec. 1070a-12 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-12. Talent search
-STATUTE-
(a) Program authority
The Secretary shall carry out a program to be known as talent
search which shall be designed -
(1) to identify qualified youths with potential for education
at the postsecondary level and to encourage such youths to
complete secondary school and to undertake a program of
postsecondary education;
(2) to publicize the availability of student financial
assistance available to persons who pursue a program of
postsecondary education; and
(3) to encourage persons who have not completed programs of
education at the secondary or postsecondary level, but who have
the ability to complete such programs, to reenter such programs.
(b) Permissible services
Any talent search project assisted under this division may
provide services such as -
(1) academic advice and assistance in secondary school and
college course selection;
(2) assistance in completing college admission and financial
aid applications;
(3) assistance in preparing for college entrance examinations;
(4) guidance on and assistance in secondary school reentry,
entry to general educational development (GED) programs, other
alternative education programs for secondary school dropouts, or
postsecondary education;
(5) personal and career counseling, or activities designed to
acquaint individuals from disadvantaged backgrounds with careers
in which the individuals are particularly underrepresented;
(6) tutorial services;
(7) exposure to college campuses as well as cultural events,
academic programs and other sites or activities not usually
available to disadvantaged youth;
(8) workshops and counseling for families of students served;
(9) mentoring programs involving elementary or secondary school
teachers or counselors, faculty members at institutions of higher
education, students, or any combination of such persons; and
(10) programs and activities as described in paragraphs (1)
through (9) which are specially designed for students of limited
English proficiency.
(c) Requirements for approval of applications
In approving applications for talent search projects under this
division for any fiscal year the Secretary shall -
(1) require an assurance that not less than two-thirds of the
individuals participating in the project proposed to be carried
out under any application be low-income individuals who are first
generation college students;
(2) require that such participants be persons who either have
completed 5 years of elementary education or are at least 11
years of age but not more than 27 years of age, unless the
imposition of any such limitation with respect to any person
would defeat the purposes of this section or the purposes of
section 1070a-16 of this title;
(3) require an assurance that individuals participating in the
project proposed in the application do not have access to
services from another project funded under this section or under
section 1070a-16 of this title; and
(4) require an assurance that the project will be located in a
setting accessible to the persons proposed to be served by the
project.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402B, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 486; amended
Pub. L. 105-244, title IV, Sec. 402(b), Oct. 7, 1998, 112 Stat.
1654.)
-MISC1-
AMENDMENTS
1998 - Subsec. (b)(4). Pub. L. 105-244, Sec. 402(b)(1), added
par. (4) and struck out former par. (4) which read as follows:
''guidance on secondary school reentry or entry to general
educational development (GED) programs or other alternative
education programs for secondary school dropouts;''.
Subsec. (b)(5). Pub. L. 105-244, Sec. 402(b)(2), inserted before
semicolon '', or activities designed to acquaint individuals from
disadvantaged backgrounds with careers in which the individuals are
particularly underrepresented''.
Subsec. (b)(8). Pub. L. 105-244, Sec. 402(b)(3), substituted
''families'' for ''parents''.
Subsec. (b)(9). Pub. L. 105-244, Sec. 402(b)(4), inserted ''or
counselors'' after ''teachers''.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-11, 1070a-16 of
this title.
-CITE-
20 USC Sec. 1070a-13 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-13. Upward bound
-STATUTE-
(a) Program authority
The Secretary shall carry out a program to be known as upward
bound which shall be designed to generate skills and motivation
necessary for success in education beyond secondary school.
(b) Permissible services
Any upward bound project assisted under this division may provide
services such as -
(1) instruction in reading, writing, study skills, mathematics,
and other subjects necessary for success beyond secondary school;
(2) counseling and workshops;
(3) academic advice and assistance in secondary school course
selection;
(4) tutorial services;
(5) exposure to cultural events, academic programs, and other
activities not usually available to disadvantaged youth;
(6) activities designed to acquaint youths participating in the
project with the range of career options available to them;
(7) instruction designed to prepare youths participating in the
project for careers in which persons from disadvantaged
backgrounds are particularly underrepresented;
(8) on-campus residential programs;
(9) mentoring programs involving elementary or secondary school
teachers or counselors, faculty members at institutions of higher
education, students, or any combination of such persons;
(10) work-study positions where youth participating in the
project are exposed to careers requiring a postsecondary degree;
(11) special services to enable veterans to make the transition
to postsecondary education; and
(12) programs and activities as described in paragraphs (1)
through (11) which are specially designed for students of limited
English proficiency.
(c) Required services
Any upward bound project assisted under this division which has
received funding for two or more years shall include, as part of
the core curriculum in the next and succeeding years, instruction
in mathematics through precalculus, laboratory science, foreign
language, composition, and literature.
(d) Requirements for approval of applications
In approving applications for upward bound projects under this
division for any fiscal year, the Secretary shall -
(1) require an assurance that not less than two-thirds of the
youths participating in the project proposed to be carried out
under any application be low-income individuals who are first
generation college students;
(2) require an assurance that the remaining youths
participating in the project proposed to be carried out under any
application be either low-income individuals or first generation
college students;
(3) require that there be a determination by the institution,
with respect to each participant in such project that the
participant has a need for academic support in order to pursue
successfully a program of education beyond secondary school; and
(4) require that such participants be persons who have
completed 8 years of elementary education and are at least 13
years of age but not more than 19 years of age, unless the
imposition of any such limitation would defeat the purposes of
this section.
(e) Maximum stipends
Youths participating in a project proposed to be carried out
under any application may be paid stipends not in excess of $60 per
month during June, July, and August, except that youth
participating in a work-study position under subsection (b)(10) of
this section may be paid a stipend of $300 per month during June,
July, and August. Youths participating in a project proposed to be
carried out under any application may be paid stipends not in
excess of $40 per month during the remaining period of the year.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402C, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 487; amended
Pub. L. 103-208, Sec. 2(b)(10), Dec. 20, 1993, 107 Stat. 2459; Pub.
L. 105-244, title IV, Sec. 402(c), Oct. 7, 1998, 112 Stat. 1654.)
-MISC1-
AMENDMENTS
1998 - Subsec. (b)(2). Pub. L. 105-244, Sec. 402(c)(1)(A),
substituted ''counseling and workshops'' for ''personal
counseling''.
Subsec. (b)(9). Pub. L. 105-244, Sec. 402(c)(1)(B), inserted ''or
counselors'' after ''teachers'' and struck out ''and'' after
semicolon.
Subsec. (b)(10), (11). Pub. L. 105-244, Sec. 402(c)(1)(D), added
pars. (10) and (11). Former par. (10) redesignated (12).
Subsec. (b)(12). Pub. L. 105-244, Sec. 402(c)(1)(E), substituted
''(11)'' for ''(9)''.
Pub. L. 105-244, Sec. 402(c)(1)(C), redesignated par. (10) as
(12).
Subsec. (e). Pub. L. 105-244, Sec. 402(c)(2), substituted
''except that youth participating in a work-study position under
subsection (b)(10) of this section may be paid a stipend of $300
per month during June, July, and August. Youths participating in a
project proposed to be carried out under any application may be
paid stipends not in excess of $40 per month during the remaining
period of the year.'' for ''and not in excess of $40 per month
during the remaining period of the year.''
1993 - Subsec. (c). Pub. L. 103-208 substituted ''foreign'' for
''and foreign''.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070a-11 of this title.
-CITE-
20 USC Sec. 1070a-14 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-14. Student support services
-STATUTE-
(a) Program authority
The Secretary shall carry out a program to be known as student
support services which shall be designed -
(1) to increase college retention and graduation rates for
eligible students;
(2) to increase the transfer rates of eligible students from
2-year to 4-year institutions; and
(3) to foster an institutional climate supportive of the
success of low-income and first generation college students and
individuals with disabilities.
(b) Permissible services
A student support services project assisted under this division
may provide services such as -
(1) instruction in reading, writing, study skills, mathematics,
and other subjects necessary for success beyond secondary school;
(2) personal counseling;
(3) academic advice and assistance in course selection;
(4) tutorial services and counseling and peer counseling;
(5) exposure to cultural events and academic programs not
usually available to disadvantaged students;
(6) activities designed to acquaint students participating in
the project with the range of career options available to them;
(7) activities designed to assist students participating in the
project in securing admission and financial assistance for
enrollment in graduate and professional programs;
(8) activities designed to assist students currently enrolled
in 2-year institutions in securing admission and financial
assistance for enrollment in a four-year program of postsecondary
education;
(9) mentoring programs involving faculty or upper class
students, or a combination thereof; and
(10) programs and activities as described in paragraphs (1)
through (9) which are specially designed for students of limited
English proficiency.
(c) Special rule
(1) Use for student aid
A recipient of a grant that undertakes any of the permissible
services identified in subsection (b) of this section may, in
addition, use such funds to provide grant aid to students. A
grant provided under this paragraph shall not exceed the maximum
appropriated Pell Grant or, be less than the minimum appropriated
Pell Grant, for the current academic year. In making grants to
students under this subsection, an institution shall ensure that
adequate consultation takes place between the student support
service program office and the institution's financial aid
office.
(2) Eligible students
For purposes of receiving grant aid under this subsection,
eligible students shall be current participants in the student
support services program offered by the institution and be -
(A) students who are in their first 2 years of postsecondary
education and who are receiving Federal Pell Grants under
subpart 1 of part A of this subchapter; or
(B) students who have completed their first 2 years of
postsecondary education and who are receiving Federal Pell
Grants under subpart 1 of part A of this subchapter if the
institution demonstrates to the satisfaction of the Secretary
that -
(i) these students are at high risk of dropping out; and
(ii) it will first meet the needs of all its eligible
first- and second-year students for services under this
paragraph.
(3) Determination of need
A grant provided to a student under paragraph (1) shall not be
considered in determining that student's need for grant or work
assistance under this subchapter, except that in no case shall
the total amount of student financial assistance awarded to a
student under this subchapter exceed that student's cost of
attendance, as defined in section 1087ll of this title.
(4) Matching required
A recipient of a grant who uses such funds for the purpose
described in paragraph (1) shall match the funds used for such
purpose, in cash, from non-Federal funds, in an amount that is
not less than 33 percent of the total amount of funds used for
that purpose. This paragraph shall not apply to any grant
recipient that is an institution of higher education eligible to
receive funds under part A or B of subchapter III or subchapter V
of this chapter.
(5) Reservation
In no event may a recipient use more than 20 percent of the
funds received under this section for grant aid.
(6) Supplement, not supplant
Funds received by a grant recipient that are used under this
subsection shall be used to supplement, and not supplant,
non-Federal funds expended for student support services programs.
(d) Requirements for approval of applications
In approving applications for student support services projects
under this division for any fiscal year, the Secretary shall -
(1) require an assurance that not less than two-thirds of the
persons participating in the project proposed to be carried out
under any application -
(A) be individuals with disabilities; or
(B) be low-income individuals who are first generation
college students;
(2) require an assurance that the remaining students
participating in the project proposed to be carried out under any
application be low-income individuals, first generation college
students, or individuals with disabilities;
(3) require an assurance that not less than one-third of the
individuals with disabilities participating in the project be
low-income individuals;
(4) require that there be a determination by the institution,
with respect to each participant in such project, that the
participant has a need for academic support in order to pursue
successfully a program of education beyond secondary school;
(5) require that such participants be enrolled or accepted for
enrollment at the institution which is the recipient of the grant
or contract; and
(6) consider, in addition to such other criteria as the
Secretary may prescribe, the institution's effort, and where
applicable past history, in -
(A) providing sufficient financial assistance to meet the
full financial need of each student in the project; and
(B) maintaining the loan burden of each such student at a
manageable level.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402D, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 488; amended
Pub. L. 103-208, Sec. 2(b)(11), Dec. 20, 1993, 107 Stat. 2459; Pub.
L. 105-244, title IV, Sec. 402(d), Oct. 7, 1998, 112 Stat. 1655;
Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 317(a)), Dec. 21,
2000, 114 Stat. 2763, 2763A-48.)
-MISC1-
AMENDMENTS
2000 - Subsecs. (c), (d). Pub. L. 106-554 added subsec. (c) and
redesignated former subsec. (c) as (d).
1998 - Subsec. (c)(6). Pub. L. 105-244 amended par. (6)
generally. Prior to amendment, par. (6) read as follows: ''require
an assurance from the institution which is the recipient of the
grant or contract that each student enrolled in the project will be
offered sufficient financial assistance to meet that student's full
financial need.''
1993 - Subsec. (c)(2). Pub. L. 103-208 struck out ''either''
after ''application''.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 317(b)), Dec. 21,
2000, 114 Stat. 2763, 2763A-49, provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with
respect to student support services grants awarded on or after the
date of enactment of this Act (Dec. 21, 2000).''
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-11, 1070a-24 of
this title.
-CITE-
20 USC Sec. 1070a-15 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-15. Postbaccalaureate achievement program authority
-STATUTE-
(a) Program authority
The Secretary shall carry out a program to be known as the
''Ronald E. McNair Postbaccalaureate Achievement Program'' that
shall be designed to provide disadvantaged college students with
effective preparation for doctoral study.
(b) Services
A postbaccalaureate achievement project assisted under this
section may provide services such as -
(1) opportunities for research or other scholarly activities at
the institution or at graduate centers designed to provide
students with effective preparation for doctoral study;
(2) summer internships;
(3) seminars and other educational activities designed to
prepare students for doctoral study;
(4) tutoring;
(5) academic counseling;
(6) activities designed to assist students participating in the
project in securing admission to and financial assistance for
enrollment in graduate programs;
(7) mentoring programs involving faculty members at
institutions of higher education, students, or any combination of
such persons; and
(8) exposure to cultural events and academic programs not
usually available to disadvantaged students.
(c) Requirements
In approving applications for postbaccalaureate achievement
projects assisted under this section for any fiscal year, the
Secretary shall require -
(1) an assurance that not less than two-thirds of the
individuals participating in the project proposed to be carried
out under any application be low-income individuals who are first
generation college students;
(2) an assurance that the remaining persons participating in
the project proposed to be carried out be from a group that is
underrepresented in graduate education;
(3) an assurance that participants be enrolled in a degree
program at an eligible institution having an agreement with the
Secretary in accordance with the provisions of section 1094 of
this title; and
(4) an assurance that participants in summer research
internships have completed their sophomore year in postsecondary
education.
(d) Award considerations
In addition to such other selection criteria as may be prescribed
by regulations, the Secretary shall consider in making awards to
institutions under this section -
(1) the quality of research and other scholarly activities in
which students will be involved;
(2) the level of faculty involvement in the project and the
description of the research in which students will be involved;
and
(3) the institution's plan for identifying and recruiting
participants including students enrolled in projects authorized
under this section.
(e) Maximum stipends
Students participating in research under a postbaccalaureate
achievement project may receive an award that -
(1) shall include a stipend not to exceed $2,800 per annum; and
(2) may include, in addition, the costs of summer tuition,
summer room and board, and transportation to summer programs.
(f) Funding
From amounts appropriated pursuant to the authority of section
1070a-11(f) of this title, the Secretary shall, to the extent
practicable, allocate funds for projects authorized by this section
in an amount which is not less than $11,000,000 for each of the
fiscal years 1993 through 1997.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402E, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 489; amended
Pub. L. 105-244, title IV, Sec. 402(e), Oct. 7, 1998, 112 Stat.
1655.)
-MISC1-
AMENDMENTS
1998 - Subsec. (e)(1). Pub. L. 105-244 substituted ''$2,800'' for
''$2,400''.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070a-11 of this title.
-CITE-
20 USC Sec. 1070a-16 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-16. Educational opportunity centers
-STATUTE-
(a) Program authority; services provided
The Secretary shall carry out a program to be known as
educational opportunity centers which shall be designed -
(1) to provide information with respect to financial and
academic assistance available for individuals desiring to pursue
a program of postsecondary education; and
(2) to provide assistance to such persons in applying for
admission to institutions at which a program of postsecondary
education is offered, including preparing necessary applications
for use by admissions and financial aid officers.
(b) Permissible services
An educational opportunity center assisted under this section may
provide services such as -
(1) public information campaigns designed to inform the
community regarding opportunities for postsecondary education and
training;
(2) academic advice and assistance in course selection;
(3) assistance in completing college admission and financial
aid applications;
(4) assistance in preparing for college entrance examinations;
(5) guidance on secondary school reentry or entry to a general
educational development (GED) program or other alternative
education programs for secondary school dropouts;
(6) personal counseling;
(7) tutorial services;
(8) career workshops and counseling;
(9) mentoring programs involving elementary or secondary school
teachers, faculty members at institutions of higher education,
students, or any combination of such persons; and
(10) programs and activities as described in paragraphs (1)
through (9) which are specially designed for students of limited
English proficiency.
(c) Requirements for approval of applications
In approving applications for educational opportunity centers
under this section for any fiscal year the Secretary shall -
(1) require an assurance that not less than two-thirds of the
persons participating in the project proposed to be carried out
under any application be low-income individuals who are first
generation college students;
(2) require that such participants be persons who are at least
nineteen years of age, unless the imposition of such limitation
with respect to any person would defeat the purposes of this
section or the purposes of section 1070a-12 of this title; and
(3) require an assurance that individuals participating in the
project proposed in the application do not have access to
services from another project funded under this section or under
section 1070a-12 of this title.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402F, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 490.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-11, 1070a-12 of
this title.
-CITE-
20 USC Sec. 1070a-17 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-17. Staff development activities
-STATUTE-
(a) Secretary's authority
For the purpose of improving the operation of the programs and
projects authorized by this division, the Secretary is authorized
to make grants to institutions of higher education and other public
and private nonprofit institutions and organizations to provide
training for staff and leadership personnel employed in,
participating in, or preparing for employment in, such programs and
projects.
(b) Contents of training programs
Such training shall include conferences, internships, seminars,
workshops, and the publication of manuals designed to improve the
operation of such programs and projects and shall be carried out in
the various regions of the Nation in order to ensure that the
training opportunities are appropriate to meet the needs in the
local areas being served by such programs and projects. Such
training shall be offered annually for new directors of projects
funded under this division as well as annually on the following
topics and other topics chosen by the Secretary:
(1) Legislative and regulatory requirements for the operation
of programs funded under this division.
(2) Assisting students in receiving adequate financial aid from
programs assisted under this subchapter and part C of subchapter
I of chapter 34 of title 42 and other programs.
(3) The design and operation of model programs for projects
funded under this division.
(4) The use of appropriate educational technology in the
operation of projects assisted under this division.
(c) Consultation
Grants for the purposes of this section shall be made only after
consultation with regional and State professional associations of
persons having special knowledge with respect to the needs and
problems of such programs and projects.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402G, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 491; amended
Pub. L. 105-244, title IV, Sec. 402(f), Oct. 7, 1998, 112 Stat.
1655.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-244, Sec. 402(f)(1), inserted
''participating in,'' after ''leadership personnel employed in,''.
Subsec. (b)(4). Pub. L. 105-244, Sec. 402(f)(2), added par. (4).
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070a-11 of this title.
-CITE-
20 USC Sec. 1070a-18 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 1 - Federal TRIO Programs
-HEAD-
Sec. 1070a-18. Evaluations and grants for project improvement and
dissemination partnership projects
-STATUTE-
(a) Evaluations
(1) In general
For the purpose of improving the effectiveness of the programs
and projects assisted under this division, the Secretary may make
grants to or enter into contracts with institutions of higher
education and other public and private institutions and
organizations to evaluate the effectiveness of the programs and
projects assisted under this division.
(2) Practices
The evaluations described in paragraph (1) shall identify
institutional, community, and program or project practices that
are particularly effective in enhancing the access of low-income
individuals and first-generation college students to
postsecondary education, the preparation of the individuals and
students for postsecondary education, and the success of the
individuals and students in postsecondary education. Such
evaluations shall also investigate the effectiveness of
alternative and innovative methods within Federal TRIO programs
of increasing access to, and retention of, students in
postsecondary education.
(b) Grants
The Secretary may award grants to institutions of higher
education or other private and public institutions and
organizations, that are carrying out a program or project assisted
under this division prior to October 7, 1998, to enable the
institutions and organizations to expand and leverage the success
of such programs or projects by working in partnership with other
institutions, community-based organizations, or combinations of
such institutions and organizations, that are not receiving
assistance under this division and are serving low-income students
and first generation college students, in order to -
(1) disseminate and replicate best practices of programs or
projects assisted under this division; and
(2) provide technical assistance regarding programs and
projects assisted under this division.
(c) Results
In order to improve overall program or project effectiveness, the
results of evaluations and grants described in this section shall
be disseminated by the Secretary to similar programs or projects
assisted under this subpart, as well as other individuals concerned
with postsecondary access for and retention of low-income
individuals and first-generation college students.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 402H, as added Pub. L. 102-325,
title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 491; amended
Pub. L. 105-244, title IV, Sec. 402(g), Oct. 7, 1998, 112 Stat.
1655.)
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-244 amended section generally, revising and
restating former subsecs. (a) to (c) relating to evaluation for
project improvement.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070a-11 of this title.
-CITE-
20 USC Division 2 - Gaining Early Awareness and Readiness
for Undergraduate Programs 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
.
-HEAD-
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-COD-
CODIFICATION
Chapter 2 of subpart 2 of part A of title IV of the Higher
Education Act of 1965, comprising this division, was originally
added to Pub. L. 89-329, title IV, by Pub. L. 102-325, title IV,
Sec. 402(a)(4), July 23, 1992, 106 Stat. 492, and amended by Pub.
L. 103-208, Dec. 20, 1993, 107 Stat. 2457; Pub. L. 103-382, Oct.
20, 1994, 108 Stat. 3518; Pub. L. 104-193, Aug. 22, 1996, 110 Stat.
2105. Chapter 2 is shown herein, however, as having been added by
Pub. L. 105-244, title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1656,
without reference to those intervening amendments because of the
extensive revision of chapter 2 by Pub. L. 105-244.
-CITE-
20 USC Sec. 1070a-21 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-21. Early intervention and college awareness program
authorized
-STATUTE-
(a) Program authorized
The Secretary is authorized, in accordance with the requirements
of this division, to establish a program that -
(1) encourages eligible entities to provide or maintain a
guarantee to eligible low-income students who obtain a secondary
school diploma (or its recognized equivalent), of the financial
assistance necessary to permit the students to attend an
institution of higher education; and
(2) supports eligible entities in providing -
(A) additional counseling, mentoring, academic support,
outreach, and supportive services to elementary school, middle
school, and secondary school students who are at risk of
dropping out of school; and
(B) information to students and their parents about the
advantages of obtaining a postsecondary education and the
college financing options for the students and their parents.
(b) Awards
(1) In general
From funds appropriated under section 1070a-28 of this title
for each fiscal year, the Secretary shall make awards to eligible
entities described in paragraphs (1) and (2) of subsection (c) of
this section to enable the entities to carry out the program
authorized under subsection (a) of this section.
(2) Priority
In making awards to eligible entities described in paragraph
(c)(1) of this section, the Secretary shall -
(A) give priority to eligible entities that -
(i) on the day before October 7, 1998, carried out
successful educational opportunity programs under this
division (as this division was in effect on such day); and
(ii) have a prior, demonstrated commitment to early
intervention leading to college access through collaboration
and replication of successful strategies;
(B) ensure that students served under this division on the
day before October 7, 1998, continue to receive assistance
through the completion of secondary school.
(c) ''Eligible entity'' defined
For the purposes of this division, the term ''eligible entity''
means -
(1) a State; or
(2) a partnership consisting of -
(A) one or more local educational agencies acting on behalf
of -
(i) one or more elementary schools or secondary schools;
and
(ii) the secondary schools that students from the schools
described in clause (i) would normally attend;
(B) one or more degree granting institutions of higher
education; and
(C) at least two community organizations or entities, such as
businesses, professional associations, community-based
organizations, philanthropic organizations, State agencies,
institutions or agencies sponsoring programs authorized under
subpart 4 of this part, or other public or private agencies or
organizations.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404A, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1656.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-21, Pub. L. 89-329, title IV, Sec. 404A, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 492; amended Pub. L. 103-208, Sec. 2(b)(12), Dec. 20, 1993,
107 Stat. 2459, authorized establishment of early intervention
program, prior to the general amendment of this division by Pub. L.
105-244.
EFFECTIVE DATE
Division 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.
EVALUATION OF TUITION GUARANTY PROGRAMS
Pub. L. 102-325, title XIV, Sec. 1407, July 23, 1992, 106 Stat.
819, directed Secretary of Education to conduct study of
effectiveness of programs for disadvantaged children that promise
the child financial resources needed to pursue postsecondary
education in exchange for child's commitment to achieve
satisfactory elementary and secondary education, and to submit
reports regarding study by June 30, 1996, and by Jan. 1, 1997, to
committees of Congress, prior to repeal by Pub. L. 105-332, Sec.
6(b)(2), Oct. 31, 1998, 112 Stat. 3128.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-22, 1070a-23,
1070a-24, 1070a-25 of this title.
-CITE-
20 USC Sec. 1070a-22 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-22. Requirements
-STATUTE-
(a) Funding rules
(1) Continuation awards
From the amount appropriated under section 1070a-28 of this
title for a fiscal year, the Secretary shall continue to award
grants to States under this division (as this division was in
effect on the day before October 7, 1998) in accordance with the
terms and conditions of such grants.
(2) Distribution
From the amount appropriated under section 1070a-28 of this
title that remains after making continuation awards under
paragraph (1) for a fiscal year, the Secretary shall -
(A) make available -
(i) not less than 33 percent of the amount to eligible
entities described in section 1070a-21(c)(1) of this title;
and
(ii) not less than 33 percent of the amount to eligible
entities described in section 1070a-21(c)(2) of this title;
and
(B) award the remainder of the amount to eligible entities
described in paragraph (1) or (2) of section 1070a-21(c) of
this title.
(3) Special rule
The Secretary shall annually reevaluate the distribution of
funds described in paragraph (2)(B) based on number, quality, and
promise of the applications and adjust the distribution
accordingly.
(b) Limitation
Each eligible entity described in section 1070a-21(c)(1) of this
title, and each eligible entity described in section 1070a-21(c)(2)
of this title that conducts a scholarship component under section
1070a-25 of this title, shall use not less than 25 percent and not
more than 50 percent of grant funds received under this division
for the early intervention component of an eligible entity's
program under this division, except that the Secretary may waive
the 50 percent limitation if the eligible entity demonstrates that
the eligible entity has another means of providing the students
with financial assistance that is described in the plan submitted
under section 1070a-23 of this title.
(c) Coordination
Each eligible entity shall ensure that the activities assisted
under this division are, to the extent practicable, coordinated
with, and complement and enhance -
(1) services under this division provided by other eligible
entities serving the same school district or State; and
(2) related services under other Federal or non-Federal
programs.
(d) Designation of fiscal agent
An eligible entity described in section 1070a-21(c)(2) of this
title shall designate an institution of higher education or a local
educational agency as the fiscal agent for the eligible entity.
(e) Coordinators
An eligible entity described in section 1070a-21(c)(2) of this
title shall have a full-time program coordinator or a part-time
program coordinator, whose primary responsibility is a project
under section 1070a-23 of this title.
(f) Displacement
An eligible entity described in (FOOTNOTE 1) 1070a-21(c)(2) of
this title shall ensure that the activities assisted under this
division will not displace an employee or eliminate a position at a
school assisted under this division, including a partial
displacement such as a reduction in hours, wages or employment
benefits.
(FOOTNOTE 1) So in original. Probably should be followed by
''section''.
(g) Cohort approach
(1) In general
The Secretary shall require that eligible entities described in
section 1070a-21(c)(2) of this title -
(A) provide services under this division to at least one
grade level of students, beginning not later than 7th grade, in
a participating school that has a 7th grade and in which at
least 50 percent of the students enrolled are eligible for free
or reduced-price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) (or, if an eligible
entity determines that it would promote the effectiveness of a
program, an entire grade level of students, beginning not later
than the 7th grade, who reside in public housing as defined in
section 1437a(b)(1) of title 42); and
(B) ensure that the services are provided through the 12th
grade to students in the participating grade level.
(2) Coordination requirement
In order for the Secretary to require the cohort approach
described in paragraph (1), the Secretary shall, where
applicable, ensure that the cohort approach is done in
coordination and collaboration with existing early intervention
programs and does not duplicate the services already provided to
a school or community.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404B, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1657; amended Pub. L.
106-78, title VII, Sec. 752(b)(8), Oct. 22, 1999, 113 Stat. 1169.)
-REFTEXT-
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act, referred to in
subsec. (g)(1)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as
amended, which is classified generally to chapter 13 (Sec. 1751 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 1751 of Title 42 and Tables.
-MISC2-
PRIOR PROVISIONS
A prior section 1070a-22, Pub. L. 89-329, title IV, Sec. 404B, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 492; amended Pub. L. 103-208, Sec. 2(b)(13), (14), Dec. 20,
1993, 107 Stat. 2459, related to State eligibility and State plan,
prior to the general amendment of this division by Pub. L. 105-244.
AMENDMENTS
1999 - Subsec. (g)(1)(A). Pub. L. 106-78 substituted ''Richard B.
Russell National School Lunch Act'' for ''National School Lunch
Act''.
-CITE-
20 USC Sec. 1070a-23 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-23. Eligible entity plans
-STATUTE-
(a) Plan required for eligibility
(1) In general
In order for an eligible entity to qualify for a grant under
this division, the eligible entity shall submit to the Secretary
a plan for carrying out the program under this division. Such
plan shall provide for the conduct of a scholarship component if
required or undertaken pursuant to section 1070a-25 of this title
and an early intervention component required pursuant to section
1070a-24 of this title.
(2) Contents
Each plan submitted pursuant to paragraph (1) shall be in such
form, contain or be accompanied by such information or
assurances, and be submitted at such time as the Secretary may
require by regulation. Each such plan shall -
(A) describe the activities for which assistance under this
division is sought; and
(B) provide such additional assurances as the Secretary
determines necessary to ensure compliance with the requirements
of this division.
(b) Matching requirement
(1) In general
The Secretary shall not approve a plan submitted under
subsection (a) of this section unless such plan -
(A) provides that the eligible entity will provide, from
State, local, institutional, or private funds, not less than 50
percent of the cost of the program, which matching funds may be
provided in cash or in kind;
(B) specifies the methods by which matching funds will be
paid; and
(C) includes provisions designed to ensure that funds
provided under this division shall supplement and not supplant
funds expended for existing programs.
(2) Special rule
Notwithstanding the matching requirement described in paragraph
(1)(A), the Secretary may by regulation modify the percentage
requirement described in paragraph (1)(A) for eligible entities
described in section 1070a-21(c)(2) of this title.
(c) Methods for complying with matching requirement
An eligible entity may count toward the matching requirement
described in subsection (b)(1)(A) of this section -
(1) the amount of the financial assistance paid to students
from State, local, institutional, or private funds under this
division;
(2) the amount of tuition, fees, room or board waived or
reduced for recipients of financial assistance under this
division; and
(3) the amount expended on documented, targeted, long-term
mentoring and counseling provided by volunteers or paid staff of
nonschool organizations, including businesses, religious
organizations, community groups, postsecondary educational
institutions, nonprofit and philanthropic organizations, and
other organizations.
(d) Peer review panels
The Secretary shall convene peer review panels to assist in
making determinations regarding the awarding of grants under this
division.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404C, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1658.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-23, Pub. L. 89-329, title IV, Sec. 404C, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 493; amended Pub. L. 103-208, Sec. 2(b)(15)-(17), Dec. 20,
1993, 107 Stat. 2459; Pub. L. 104-193, title I, Sec. 110(h)(1),
Aug. 22, 1996, 110 Stat. 2172, related to early intervention, prior
to the general amendment of this division by Pub. L. 105-244. See
section 1070a-24 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-22, 1070a-24 of
this title.
-CITE-
20 USC Sec. 1070a-24 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-24. Early intervention
-STATUTE-
(a) Services
(1) In general
In order to receive a grant under this division, an eligible
entity shall demonstrate to the satisfaction of the Secretary, in
the plan submitted under section 1070a-23 of this title, that the
eligible entity will provide comprehensive mentoring, counseling,
outreach, and supportive services to students participating in
programs under this division. Such counseling shall include -
(A) financial aid counseling and information regarding the
opportunities for financial assistance under this subchapter
and part C of subchapter I of chapter 34 of title 42; and
(B) activities or information regarding -
(i) fostering and improving parent involvement in promoting
the advantages of a college education, academic admission
requirements, and the need to take college preparation
courses;
(ii) college admissions and achievement tests; and
(iii) college application procedures.
(2) Methods
The eligible entity shall demonstrate in such plan, pursuant to
regulations of the Secretary, the methods by which the eligible
entity will target services on priority students described in
subsection (c) of this section, if applicable.
(b) Uses of funds
(1) In general
The Secretary shall, by regulation, establish criteria for
determining whether comprehensive mentoring, counseling,
outreach, and supportive services programs may be used to meet
the requirements of subsection (a) of this section.
(2) Permissible activities
Examples of activities that meet the requirements of subsection
(a) of this section include the following:
(A) Providing eligible students in preschool through grade 12
with a continuing system of mentoring and advising that -
(i) is coordinated with the Federal and State community
service initiatives; and
(ii) may include such support services as after school and
summer tutoring, assistance in obtaining summer jobs, career
mentoring, and academic counseling.
(B) Requiring each student to enter into an agreement under
which the student agrees to achieve certain academic
milestones, such as completing a prescribed set of courses and
maintaining satisfactory progress described in section 1091(c)
of this title, in exchange for receiving tuition assistance for
a period of time to be established by each eligible entity.
(C) Activities designed to ensure secondary school completion
and college enrollment of at-risk children, such as
identification of at-risk children, after school and summer
tutoring, assistance in obtaining summer jobs, academic
counseling, volunteer and parent involvement, providing former
or current scholarship recipients as mentor or peer counselors,
skills assessment, providing access to rigorous core courses
that reflect challenging academic standards, personal
counseling, family counseling and home visits, staff
development, and programs and activities described in this
subparagraph that are specially designed for students of
limited English proficiency.
(D) Summer programs for individuals who are in their
sophomore or junior years of secondary school or are planning
to attend an institution of higher education in the succeeding
academic year that -
(i) are carried out at an institution of higher education
that has programs of academic year supportive services for
disadvantaged students through projects authorized under
section 1070a-14 of this title or through comparable projects
funded by the State or other sources;
(ii) provide for the participation of the individuals who
are eligible for assistance under section 1070a-14 of this
title or who are eligible for comparable programs funded by
the State;
(iii)(I) provide summer instruction in remedial,
developmental or supportive courses;
(II) provide such summer services as counseling, tutoring,
or orientation; and
(III) provide financial assistance to the individuals to
cover the individuals' summer costs for books, supplies,
living costs, and personal expenses; and
(iv) provide the individuals with financial assistance
during each academic year the individuals are enrolled at the
participating institution after the summer program.
(E) Requiring eligible students to meet other standards or
requirements as the State determines necessary to meet the
purposes of this section.
(c) Priority students
For eligible entities not using a cohort approach, the eligible
entity shall treat as priority students any student in preschool
through grade 12 who is eligible -
(1) to be counted under section 6333(c) of this title;
(2) for free or reduced price meals under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or
(3) for assistance pursuant to part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
(d) Allowable providers
In the case of eligible entities described in section
1070a-21(c)(1) of this title, the activities required by this
section may be provided by service providers such as
community-based organizations, schools, institutions of higher
education, public and private agencies, nonprofit and philanthropic
organizations, businesses, institutions and agencies sponsoring
programs authorized under subpart 4 of this part, and other
organizations the State deems appropriate.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404D, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1659; amended Pub. L.
106-78, title VII, Sec. 752(b)(8), Oct. 22, 1999, 113 Stat. 1169.)
-REFTEXT-
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act, referred to in
subsec. (c)(2), is act June 4, 1946, ch. 281, 60 Stat. 230, as
amended, which is classified generally to chapter 13 (Sec. 1751 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 1751 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (c)(3), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title
IV of the Act is classified generally to part A (Sec. 601 et seq.)
of subchapter IV of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
-MISC2-
PRIOR PROVISIONS
A prior section 1070a-24, Pub. L. 89-329, title IV, Sec. 404D, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 495; amended Pub. L. 103-208, Sec. 2(b)(18), (19), Dec. 20,
1993, 107 Stat. 2459, related to scholarship component, prior to
the general amendment of this division by Pub. L. 105-244. See
section 1070a-25 of this title.
AMENDMENTS
1999 - Subsec. (c)(2). Pub. L. 106-78 substituted ''Richard B.
Russell National School Lunch Act'' for ''National School Lunch
Act''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-23, 1070a-25 of
this title.
-CITE-
20 USC Sec. 1070a-25 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-25. Scholarship component
-STATUTE-
(a) In general
(1) States
In order to receive a grant under this division, an eligible
entity described in section 1070a-21(c)(1) of this title shall
establish or maintain a financial assistance program that awards
scholarships to students in accordance with the requirements of
this section. The Secretary shall encourage the eligible entity
to ensure that a scholarship provided pursuant to this section is
available to an eligible student for use at any institution of
higher education.
(2) Partnerships
An eligible entity described in section 1070a-21(c)(2) of this
title may award scholarships to eligible students in accordance
with the requirements of this section.
(b) Grant amounts
The maximum amount of a scholarship that an eligible student
shall be eligible to receive under this section shall be
established by the eligible entity. The minimum amount of the
scholarship for each fiscal year shall not be less than the lesser
of -
(1) 75 percent of the average cost of attendance for an
in-State student, in a 4-year program of instruction, at public
institutions of higher education in such State, as determined in
accordance with regulations prescribed by the Secretary; or
(2) the maximum Federal Pell Grant funded under section 1070a
of this title for such fiscal year.
(c) Relation to other assistance
Scholarships provided under this section shall not be considered
for the purpose of awarding Federal grant assistance under this
subchapter and part C of subchapter I of chapter 34 of title 42,
except that in no case shall the total amount of student financial
assistance awarded to a student under this subchapter and part C of
subchapter I of chapter 34 of title 42 exceed such student's total
cost of attendance.
(d) Eligible students
A student eligible for assistance under this section is a student
who -
(1) is less than 22 years old at time of first scholarship
award under this section;
(2) receives a secondary school diploma or its recognized
equivalent on or after January 1, 1993;
(3) is enrolled or accepted for enrollment in a program of
undergraduate instruction at an institution of higher education
that is located within the State's boundaries, except that, at
the State's option, an eligible entity may offer scholarship
program portability for recipients who attend institutions of
higher education outside such State; and
(4) who participated in the early intervention component
required under section 1070a-24 of this title.
(e) Priority
The Secretary shall ensure that each eligible entity places a
priority on awarding scholarships to students who will receive a
Federal Pell Grant for the academic year for which the scholarship
is awarded under this section.
(f) Special rule
An eligible entity may consider students who have successfully
participated in programs funded under division 1 of this subpart to
have met the requirements of subsection (d)(4) of this section.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404E, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1661.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-25, Pub. L. 89-329, title IV, Sec. 404E, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 495; amended Pub. L. 103-208, Sec. 2(b)(20), Dec. 20, 1993,
107 Stat. 2459, related to distribution of funds, prior to the
general amendment of this division by Pub. L. 105-244.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-22, 1070a-23 of
this title.
-CITE-
20 USC Sec. 1070a-26 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-26. 21st Century Scholar Certificates
-STATUTE-
(a) Authority
The Secretary, using funds appropriated under section 1070a-28 of
this title that do not exceed $200,000 for a fiscal year -
(1) shall ensure that certificates, to be known as 21st Century
Scholar Certificates, are provided to all students participating
in programs under this division; and
(2) may, as practicable, ensure that such certificates are
provided to all students in grades 6 through 12 who attend
schools at which at least 50 percent of the students enrolled are
eligible for a free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(b) Information required
A 21st Century Scholar Certificate shall be personalized for each
student and indicate the amount of Federal financial aid for
college which a student may be eligible to receive.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404F, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1662; amended Pub. L.
106-78, title VII, Sec. 752(b)(8), Oct. 22, 1999, 113 Stat. 1169.)
-REFTEXT-
REFERENCES IN TEXT
The Richard B. Russell National School Lunch Act, referred to in
subsec. (a)(2), is act June 4, 1946, ch. 281, 60 Stat. 230, as
amended, which is classified generally to chapter 13 (Sec. 1751 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 1751 of Title 42 and Tables.
-MISC2-
PRIOR PROVISIONS
A prior section 1070a-26, Pub. L. 89-329, title IV, Sec. 404F, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 496; amended Pub. L. 103-208, Sec. 2(b)(21), (22), Dec. 20,
1993, 107 Stat. 2459, related to evaluation and report, prior to
the general amendment of this division by Pub. L. 105-244. See
section 1070a-27 of this title.
AMENDMENTS
1999 - Subsec. (a)(2). Pub. L. 106-78 substituted ''Richard B.
Russell National School Lunch Act'' for ''National School Lunch
Act''.
-CITE-
20 USC Sec. 1070a-27 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-27. Evaluation and report
-STATUTE-
(a) Evaluation
Each eligible entity receiving a grant under this division shall
biennially evaluate the activities assisted under this division in
accordance with the standards described in subsection (b) of this
section and shall submit to the Secretary a copy of such
evaluation. The evaluation shall permit service providers to track
eligible student progress during the period such students are
participating in the activities and shall be consistent with the
standards developed by the Secretary pursuant to subsection (b) of
this section.
(b) Evaluation standards
The Secretary shall prescribe standards for the evaluation
described in subsection (a) of this section. Such standards shall
-
(1) provide for input from eligible entities and service
providers; and
(2) ensure that data protocols and procedures are consistent
and uniform.
(c) Federal evaluation
In order to evaluate and improve the impact of the activities
assisted under this division, the Secretary shall, from not more
than 0.75 percent of the funds appropriated under section 1070a-28
of this title for a fiscal year, award one or more grants,
contracts, or cooperative agreements to or with public and private
institutions and organizations, to enable the institutions and
organizations to evaluate the effectiveness of the program and, as
appropriate, disseminate the results of the evaluation.
(d) Report
The Secretary shall biennially report to Congress regarding the
activities assisted under this division and the evaluations
conducted pursuant to this section.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404G, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1662.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-27, Pub. L. 89-329, title IV, Sec. 404G, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 496; amended Pub. L. 103-208, Sec. 2(b)(23), Dec. 20, 1993,
107 Stat. 2459; Pub. L. 103-382, title III, Sec. 354, Oct. 20,
1994, 108 Stat. 3967, authorized appropriations for grants under
this division, prior to the general amendment of this division by
Pub. L. 105-244. See section 1070a-28 of this title.
-CITE-
20 USC Sec. 1070a-28 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 2 - Gaining Early Awareness and Readiness for
Undergraduate Programs
-HEAD-
Sec. 1070a-28. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to carry out this
division $200,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 404H, as added Pub. L. 105-244,
title IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1663.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070a-21, 1070a-22,
1070a-26, 1070a-27 of this title.
-CITE-
20 USC Division 3 - Academic Achievement Incentive
Scholarships 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 3 - Academic Achievement Incentive Scholarships
.
-HEAD-
Division 3 - Academic Achievement Incentive Scholarships
-COD-
CODIFICATION
Chapter 3 of subpart 2 of part A of title IV of the Higher
Education Act of 1965, comprising this division, was originally
added to Pub. L. 89-329, title IV, by Pub. L. 102-325, title IV,
Sec. 402(a)(4), July 23, 1992, 106 Stat. 497. Chapter 3 is shown
herein, however, as having been added by Pub. L. 105-244, title IV,
Sec. 404, Oct. 7, 1998, 112 Stat. 1663, without reference to Pub.
L. 102-325 because of the extensive revision of chapter 3 by Pub.
L. 105-244.
-CITE-
20 USC Sec. 1070a-31 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 3 - Academic Achievement Incentive Scholarships
-HEAD-
Sec. 1070a-31. Scholarships authorized
-STATUTE-
The Secretary is authorized to award scholarships to students who
graduate from secondary school after May 1, 2000, to enable the
students to pay the cost of attendance at an institution of higher
education during the students first 2 academic years of
undergraduate education, if the students -
(1) are eligible to receive Federal Pell Grants for the year in
which the scholarships are awarded; and
(2) demonstrate academic achievement by graduating in the top
10 percent of their secondary school graduating class.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 406A, as added Pub. L. 105-244,
title IV, Sec. 404, Oct. 7, 1998, 112 Stat. 1663.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-31, Pub. L. 89-329, title IV, Sec. 406A, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 497, authorized award of Presidential Access Scholarships,
prior to the general amendment of this division by Pub. L. 105-244.
EFFECTIVE DATE
Division effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Sec. 1070a-32 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 3 - Academic Achievement Incentive Scholarships
-HEAD-
Sec. 1070a-32. Scholarship program requirements
-STATUTE-
(a) Amount of award
(1) In general
Except as provided in paragraph (2), the amount of a
scholarship awarded under this division for any academic year
shall be equal to 100 percent of the amount of the Federal Pell
Grant for which the recipient is eligible for the academic year.
(2) Adjustment for insufficient appropriations
If, after the Secretary determines the total number of eligible
applicants for an academic year in accordance with section
1070a-33 of this title, funds available to carry out this
division for the academic year are insufficient to fully fund all
awards under this division for the academic year, the amount of
the scholarship paid to each student under this division shall be
reduced proportionately.
(b) Assistance not to exceed cost of attendance
A scholarship awarded under this division to any student, in
combination with the Federal Pell Grant assistance and other
student financial assistance available to such student, may not
exceed the student's cost of attendance.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 406B, as added Pub. L. 105-244,
title IV, Sec. 404, Oct. 7, 1998, 112 Stat. 1663.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-32, Pub. L. 89-329, title IV, Sec. 406B, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 497, related to scholarship program requirements, prior to
the general amendment of this division by Pub. L. 105-244.
-CITE-
20 USC Sec. 1070a-33 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 3 - Academic Achievement Incentive Scholarships
-HEAD-
Sec. 1070a-33. Eligibility of scholars
-STATUTE-
(a) Procedures established by regulation
The Secretary shall establish by regulation procedures for the
determination of eligibility of students for the scholarships
awarded under this division. Such procedures shall include
measures to prevent any secondary school from certifying more than
10 percent of the school's students for eligibility under this
section.
(b) Coordination
In prescribing procedures under subsection (a) of this section,
the Secretary shall ensure that the determination of eligibility
and the amount of the scholarship is determined in a timely and
accurate manner consistent with the requirements of section 1089 of
this title and the submission of the financial aid form required by
section 1090 of this title. For such purposes, the Secretary may
provide that, for the first academic year of a student's 2 academic
years of eligibility under this division, class rank may be
determined prior to graduation from secondary school, at such time
and in such manner as the Secretary may specify in regulations
prescribed under this division.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 406C, as added Pub. L. 105-244,
title IV, Sec. 404, Oct. 7, 1998, 112 Stat. 1664.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-33, Pub. L. 89-329, title IV, Sec. 406C, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 497, related to eligibility of scholars, prior to the general
amendment of this division by Pub. L. 105-244.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070a-32 of this title.
-CITE-
20 USC Sec. 1070a-34 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 3 - Academic Achievement Incentive Scholarships
-HEAD-
Sec. 1070a-34. Student requirements
-STATUTE-
(a) In general
Each eligible student desiring a scholarship under this division
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
(b) Continuing eligibility
In order for a student to continue to be eligible to receive a
scholarship under this division for the second year of
undergraduate education, the eligible student shall maintain
eligibility to receive a Federal Pell Grant for that year,
including fulfilling the requirements for satisfactory progress
described in section 1091(c) of this title.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 406D, as added Pub. L. 105-244,
title IV, Sec. 404, Oct. 7, 1998, 112 Stat. 1664.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070a-34, Pub. L. 89-329, title IV, Sec. 406D, as
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106
Stat. 498, related to eligible early intervention programs, prior
to the general amendment of this division by Pub. L. 105-244.
-CITE-
20 USC Sec. 1070a-35 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 3 - Academic Achievement Incentive Scholarships
-HEAD-
Sec. 1070a-35. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to carry out this
division $200,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 407E (406E), as added Pub. L.
105-244, title IV, Sec. 404, Oct. 7, 1998, 112 Stat. 1664.)
-MISC1-
PRIOR PROVISIONS
Prior sections 1070a-35 to 1070a-37 were omitted in the general
amendment of this division by Pub. L. 105-244.
Section 1070a-35, Pub. L. 89-329, title IV, Sec. 406E, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
498, related to student eligibility.
Section 1070a-36, Pub. L. 89-329, title IV, Sec. 406F, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
499, related to early intervention scholarship agreement.
Section 1070a-37, Pub. L. 89-329, title IV, Sec. 406G, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
499, authorized appropriations to carry out this division.
-CITE-
20 USC Division 4 - Model Program Community Partnership
and Counseling Grants 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 4 - Model Program Community Partnership and Counseling
Grants
.
-HEAD-
Division 4 - Model Program Community Partnership and Counseling
Grants
-CITE-
20 USC Sec. 1070a-41 to 1070a-43 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 4 - Model Program Community Partnership and Counseling
Grants
-HEAD-
Sec. 1070a-41 to 1070a-43. Repealed. Pub. L. 105-244, title IV,
Sec. 405, Oct. 7, 1998, 112 Stat. 1664
-MISC1-
Section 1070a-41, Pub. L. 89-329, title IV, Sec. 408A, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
500, authorized grants to develop model programs.
Section 1070a-42, Pub. L. 89-329, title IV, Sec. 408B, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
500, related to collection and dissemination of information about
programs.
Section 1070a-43, Pub. L. 89-329, title IV, Sec. 408C, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
501, authorized appropriations to carry out this division.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Division 5 - Public Information 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 5 - Public Information
.
-HEAD-
Division 5 - Public Information
-CITE-
20 USC Sec. 1070a-51 to 1070a-53 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 5 - Public Information
-HEAD-
Sec. 1070a-51 to 1070a-53. Repealed. Pub. L. 105-244, title IV,
Sec. 405, Oct. 7, 1998, 112 Stat. 1664
-MISC1-
Section 1070a-51, Pub. L. 89-329, title IV, Sec. 409A, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
501; amended Pub. L. 103-208, Sec. 2(b)(24), Dec. 20, 1993, 107
Stat. 2459, authorized contract to establish and maintain database
and information line.
Section 1070a-52, Pub. L. 89-329, title IV, Sec. 409B, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
501, related to early awareness information program.
Section 1070a-53, Pub. L. 89-329, title IV, Sec. 409C, as added
Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat.
502, authorized appropriations to carry out this division.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Division 6 - National Student Savings
Demonstration Program 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 6 - National Student Savings Demonstration Program
.
-HEAD-
Division 6 - National Student Savings Demonstration Program
-CITE-
20 USC Sec. 1070a-61 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 6 - National Student Savings Demonstration Program
-HEAD-
Sec. 1070a-61. Repealed. Pub. L. 105-244, title IV, Sec. 405, Oct.
7, 1998, 112 Stat. 1664
-MISC1-
Section, Pub. L. 89-329, title IV, Sec. 410A, as added Pub. L.
102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 502,
related to national student savings demonstration program.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Division 7 - Preeligibility Form 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 7 - Preeligibility Form
.
-HEAD-
Division 7 - Preeligibility Form
-CITE-
20 USC Sec. 1070a-71 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 7 - Preeligibility Form
-HEAD-
Sec. 1070a-71. Repealed. Pub. L. 105-244, title IV, Sec. 405, Oct.
7, 1998, 112 Stat. 1664
-MISC1-
Section, Pub. L. 89-329, title IV, Sec. 410B, as added Pub. L.
102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 503,
related to information on eligibility for assistance.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Division 8 - Technical Assistance for Teachers and
Counselors 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 8 - Technical Assistance for Teachers and Counselors
.
-HEAD-
Division 8 - Technical Assistance for Teachers and Counselors
-CITE-
20 USC Sec. 1070a-81 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 2 - federal early outreach and student services programs
Division 8 - Technical Assistance for Teachers and Counselors
-HEAD-
Sec. 1070a-81. Repealed. Pub. L. 105-244, title IV, Sec. 405, Oct.
7, 1998, 112 Stat. 1664
-MISC1-
Section, Pub. L. 89-329, title IV, Sec. 410C, as added Pub. L.
102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 504,
related to technical assistance grants.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC subpart 3 - federal supplemental educational
opportunity grants 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 3 - federal supplemental educational opportunity grants
.
-HEAD-
subpart 3 - federal supplemental educational opportunity grants
-COD-
CODIFICATION
Pub. L. 102-325, title IV, Sec. 402(a)(2), 403(a), July 23, 1992,
106 Stat. 482, 505, redesignated subpart 2 as 3 and inserted
''Federal'' before ''Supplemental'' in heading and redesignated
former subpart 3 as 4.
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 1070, 1070a, 1078, 1087c,
1089, 1091, 1091b, 1096, 1099a-1 of this title.
-CITE-
20 USC Sec. 1070b 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 3 - federal supplemental educational opportunity grants
-HEAD-
Sec. 1070b. Purpose; appropriations authorized
-STATUTE-
(a) Purpose of subpart
It is the purpose of this subpart to provide, through
institutions of higher education, supplemental grants to assist in
making available the benefits of postsecondary education to
qualified students who demonstrate financial need in accordance
with the provisions of part E of this subchapter.
(b) Authorization of appropriations
(1) For the purpose of enabling the Secretary to make payments to
institutions of higher education which have made agreements with
the Secretary in accordance with section 1070b-2(a) of this title,
for use by such institutions for payments to undergraduate students
of supplemental grants awarded to them under this subpart, there
are authorized to be appropriated $675,000,000 for fiscal year 1999
and such sums as may be necessary for the 4 succeeding fiscal
years.
(2) Sums appropriated pursuant to this subsection for any fiscal
year shall be available for payments to institutions until the end
of the second fiscal year succeeding the fiscal year for which such
sums were appropriated.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 413A, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1328; amended Pub.
L. 102-325, title IV, Sec. 403(b), July 23, 1992, 106 Stat. 505;
Pub. L. 105-244, title IV, Sec. 406(a), Oct. 7, 1998, 112 Stat.
1664.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070b, Pub. L. 89-329, title IV, Sec. 413A, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 251; amended Pub. L. 94-482, title I, Sec. 122(a), Oct. 12,
1976, 90 Stat. 2094; Pub. L. 96-49, Sec. 5(a)(3), Aug. 13, 1979, 93
Stat. 352; Pub. L. 96-374, title IV, Sec. 403(a), (b), title XIII,
Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1404, 1405, 1503, related
to program of supplemental educational opportunity grants purpose,
authorization of appropriations, and initial year payment
provisions, prior to the general revision of this part by Pub. L.
99-498.
AMENDMENTS
1998 - Subsec. (b)(1). Pub. L. 105-244 substituted ''1999'' for
''1993''.
1992 - Subsec. (b). Pub. L. 102-325 amended subsec. (b)
generally, substituting present provisions for provisions
authorizing appropriation of $490,000,000 for fiscal year 1987 and
such sums as necessary for 4 succeeding fiscal years.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070b-3 of this title.
-CITE-
20 USC Sec. 1070b-1 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 3 - federal supplemental educational opportunity grants
-HEAD-
Sec. 1070b-1. Amount and duration of grants
-STATUTE-
(a) Amount of grant
(1) Except as provided in paragraph (3), from the funds received
by it for such purpose under this subpart, an institution which
awards a supplemental grant to a student for an academic year under
this subpart shall, for each year, pay to that student an amount
not to exceed the lesser of (A) the amount determined by the
institution, in accordance with the provisions of part E of this
subchapter, to be needed by that student to enable the student to
pursue a course of study at the institution or in a program of
study abroad that is approved for credit by the institution at
which the student is enrolled, or (B) $4,000.
(2) If the amount determined under paragraph (1) with respect to
a student for any academic year is less than $100, no payment shall
be made to that student for that year. For a student enrolled for
less than a full academic year, the minimum payment required shall
be reduced proportionately.
(3) For students participating in study abroad programs, the
institution shall consider all reasonable costs associated with
such study abroad when determining student eligibility. The amount
of grant to be awarded in such cases may exceed the maximum amount
of $4,000 by as much as $400 if reasonable study abroad costs
exceed the cost of attendance at the home institution.
(b) Period for receipt of grants; continuing eligibility
(1) The period during which a student may receive supplemental
grants shall be the period required for the completion of the first
undergraduate baccalaureate course of study being pursued by that
student.
(2) A supplemental grant awarded under this subpart shall entitle
the student (to whom it is awarded) to payments pursuant to such
grant only if the student meets the requirements of section 1091 of
this title, except as provided in section 1070b-2(c) of this title.
(c) Distribution of grant during academic year
Nothing in this section shall be construed to prohibit an
institution from making payments of varying amounts from a
supplemental grant to a student during an academic year to cover
costs for a period which are not applicable to other periods of
such academic year.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 413B, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1328; amended Pub.
L. 102-325, title IV, Sec. 403(c), July 23, 1992, 106 Stat. 505.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070b-1, Pub. L. 89-329, title IV, Sec. 413B, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 252; amended Pub. L. 96-374, title IV, Sec. 403(c), Oct. 3,
1980, 94 Stat. 1405, related to amount and duration of supplemental
educational opportunity grants, prior to the general revision of
this part by Pub. L. 99-498.
AMENDMENTS
1992 - Subsec. (a)(1). Pub. L. 102-325, Sec. 403(c)(1),
substituted ''Except as provided in paragraph (3), from'' for
''From'' in introductory provisions and inserted ''or in a program
of study abroad that is approved for credit by the institution at
which the student is enrolled'' after ''course of study at the
institution'' in subpar. (A).
Subsec. (a)(3). Pub. L. 102-325, Sec. 403(c)(2), added par. (3).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070b-2 of this title.
-CITE-
20 USC Sec. 1070b-2 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 3 - federal supplemental educational opportunity grants
-HEAD-
Sec. 1070b-2. Agreements with institutions; selection of recipients
-STATUTE-
(a) Institutional eligibility
Assistance may be made available under this subpart only to an
institution which -
(1) has, in accordance with section 1094 of this title, an
agreement with the Secretary applicable to this subpart;
(2) agrees that the Federal share of awards under this subpart
will not exceed 75 percent of such awards, except that the
Federal share may be exceeded if the Secretary determines,
pursuant to regulations establishing objective criteria for such
determinations, that a larger Federal share is required to
further the purpose of this subpart; and
(3) agrees that the non-Federal share of awards made under this
subpart shall be made from the institution's own resources,
including -
(A) institutional grants and scholarships;
(B) tuition or fee waivers;
(C) State scholarships; and
(D) foundation or other charitable organization funds.
(b) Eligibility for selection
Awards may be made under this subpart only to a student who -
(1) is an eligible student under section 1091 of this title;
and
(2) makes application at a time and in a manner consistent with
the requirements of the Secretary and that institution.
(c) Selection of individuals and determination of amount of awards
(1) From among individuals who are eligible for supplemental
grants for each fiscal year, the institution shall, in accordance
with the agreement under section 1094 of this title, and within the
amount allocated to the institution for that purpose for that year
under section 1070b-3 of this title, select individuals who are to
be awarded such grants and determine, in accordance with section
1070b-1 of this title, the amounts to be paid to them.
(2)(A) In carrying out paragraph (1) of this subsection, each
institution of higher education shall, in the agreement made under
section 1094 of this title, assure that the selection procedures -
(i) will be designed to award supplemental grants under this
subpart, first, to students with exceptional need, and
(ii) will give a priority for supplemental grants under this
subpart to students who receive Pell Grants and meet the
requirements of section 1091 of this title.
(B) For the purpose of subparagraph (A), the term ''students with
exceptional need'' means students with the lowest expected family
contributions at the institution.
(d) Use of funds for less-than-full-time students
If the institution's allocation under this subpart is directly or
indirectly based in part on the financial need demonstrated by
students who are independent students or attending the institution
on less than a full-time basis, then a reasonable proportion of the
allocation shall be made available to such students.
(e) Use and transfer of funds for administrative expenses
An agreement entered into pursuant to this section shall provide
that funds granted to an institution of higher education may be
used only to make payments to students participating in a grant
program authorized under this subpart, except that an institution
may use a portion of the sums allocated to it under this subpart to
meet administrative expenses in accordance with section 1096 of
this title.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 413C, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1329; amended Pub.
L. 102-325, title IV, Sec. 403(d)-(f), July 23, 1992, 106 Stat.
506; Pub. L. 103-208, Sec. 2(b)(25), Dec. 20, 1993, 107 Stat. 2459;
Pub. L. 105-244, title IV, Sec. 406(b), Oct. 7, 1998, 112 Stat.
1665.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070b-2, Pub. L. 89-329, title IV, Sec. 413C, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 253; amended Pub. L. 94-482, title I, Sec. 122(b), Oct. 12,
1976, 90 Stat. 2094; Pub. L. 96-374, title IV, Sec. 403(d), Oct. 3,
1980, 94 Stat. 1405, related to selection of recipients of
supplemental educational opportunity grants and agreements with
institutions, prior to the general revision of this part by Pub. L.
99-498.
AMENDMENTS
1998 - Subsec. (d). Pub. L. 105-244 amended heading and text of
subsec. (d) generally. Prior to amendment, text read as follows:
''If the institution's allocation under this subpart is directly or
indirectly based in part on the financial need demonstrated by
students who are independent students or attending the institution
less than full time and if the total financial need of all such
students attending the institution exceeds 5 percent of the total
financial need of all students attending such institution, then at
least 5 percent of such allotment shall be made available to such
students.''
1993 - Subsec. (d). Pub. L. 103-208 substituted ''and'' for '', a
reasonable proportion of the institution's allocation shall be made
available to such students, except that'' and ''5 percent of the
total financial need'' for ''5 percent of the need''.
1992 - Subsec. (a)(2). Pub. L. 102-325, Sec. 403(d), amended par.
(2) generally. Prior to amendment, par. (2) read as follows:
''agrees that the Federal share of awards under this subpart will
not exceed -
''(A) 95 percent of such awards in fiscal year 1989,
''(B) 90 percent of such awards in fiscal year 1990, and
''(C) 85 percent of such awards in fiscal year 1991,
except that the Federal share may be exceeded if the Secretary
determines, pursuant to regulations establishing objective criteria
for such determinations, that a larger Federal share is required to
further the purpose of this subpart; and''.
Subsec. (d). Pub. L. 102-325, Sec. 403(e), inserted ''who are
independent students or'' after ''demonstrated by students'' and
inserted before period at end '', except that if the total
financial need of all such students attending the institution
exceeds 5 percent of the need of all students attending such
institution, then at least 5 percent of such allotment shall be
made available to such students''.
Subsec. (e). Pub. L. 102-325, Sec. 403(f), struck out before
period at end '', and may transfer such funds in accordance with
the provisions of section 1095 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 1993 AMENDMENT
Amendment by Pub. L. 103-208 effective on and after July 1, 1994,
see section 5(b)(6) 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 July 23, 1992, except that
changes in subsec. (a)(2) of this section, relating to Federal
share for supplemental educational opportunity grant program,
applicable to funds provided for such program for award years
beginning on or after July 1, 1993, see section 410 of Pub. L.
102-325, set out as a note under section 1070a of this title.
EFFECTIVE DATE
Section effective Oct. 17, 1986, except as otherwise provided,
see section 2 of Pub. L. 99-498, set out as a note under section
1001 of this title.
Section 401(b)(5) of Pub. L. 99-498 provided that: ''Section
413C(c)(2) of the Act (20 U.S.C. 1070b-2(c)(2)) as amended by this
section shall apply to the awarding of grants under subpart 2 of
part A of title IV of the Act (this subpart) for periods of
enrollment beginning on or after July 1, 1987.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070b, 1070b-1 of this
title.
-CITE-
20 USC Sec. 1070b-3 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 3 - federal supplemental educational opportunity grants
-HEAD-
Sec. 1070b-3. Allocation of funds
-STATUTE-
(a) Allocation based on previous allocation
(1) From the amount appropriated pursuant to section 1070b(b) of
this title for each fiscal year, the Secretary shall first allocate
to each eligible institution an amount equal to 100 percent of the
amount such institution received under subsections (a) and (b) of
this section for fiscal year 1999 (as such subsections were in
effect with respect to allocations for such fiscal year).
(2)(A) From the amount so appropriated, the Secretary shall next
allocate to each eligible institution that began participation in
the program under this subpart after fiscal year 1999 but is not a
first or second time participant, an amount equal to the greater of
-
(i) $5,000; or
(ii) 90 percent of the amount received and used under this
subpart for the first year it participated in the program.
(B) From the amount so appropriated, the Secretary shall next
allocate to each eligible institution that began participation in
the program under this subpart after fiscal year 1999 and is a
first or second time participant, an amount equal to the greatest
of -
(i) $5,000;
(ii) an amount equal to (I) 90 percent of the amount received
and used under this subpart in the second preceding fiscal year
by eligible institutions offering comparable programs of
instruction, divided by (II) the number of students enrolled at
such comparable institutions in such fiscal year, multiplied by
(III) the number of students enrolled at the applicant
institution in such fiscal year; or
(iii) 90 percent of the institution's allocation under this
part for the preceding fiscal year.
(C) Notwithstanding subparagraphs (A) and (B) of this paragraph,
the Secretary shall allocate to each eligible institution which -
(i) was a first-time participant in the program in fiscal year
2000 or any subsequent fiscal year, and
(ii) received a larger amount under this subsection in the
second year of participation,
an amount equal to 90 percent of the amount it received under this
subsection in its second year of participation.
(3)(A) If the amount appropriated for any fiscal year is less
than the amount required to be allocated to all institutions under
paragraph (1) of this subsection, then the amount of the allocation
to each such institution shall be ratably reduced.
(B) If the amount appropriated for any fiscal year is more than
the amount required to be allocated to all institutions under
paragraph (1) but less than the amount required to be allocated to
all institutions under paragraph (2), then -
(i) the Secretary shall allot the amount required to be
allocated to all institutions under paragraph (1), and
(ii) the amount of the allocation to each institution under
paragraph (2) shall be ratably reduced.
(C) If additional amounts are appropriated for any such fiscal
year, such reduced amounts shall be increased on the same basis as
they were reduced (until the amount allocated equals the amount
required to be allocated under paragraphs (1) and (2) of this
subsection).
(4)(A) Notwithstanding any other provision of this section, the
Secretary may allocate an amount equal to not more than 10 percent
of the amount by which the amount appropriated in any fiscal year
to carry out this part exceeds $700,000,000 among eligible
institutions described in subparagraph (B).
(B) In order to receive an allocation pursuant to subparagraph
(A) an institution shall be an eligible institution from which 50
percent or more of the Pell Grant recipients attending such
eligible institution graduate from or transfer to a 4-year
institution of higher education.
(b) Allocation of excess based on fair share
(1) From the remainder of the amount appropriated pursuant to
section 1070b(b) of this title for each year (after making the
allocations required by subsection (a) of this section), the
Secretary shall allocate to each eligible institution which has an
excess eligible amount an amount which bears the same ratio to such
remainder as such excess eligible amount bears to the sum of the
excess eligible amounts of all such eligible institutions (having
such excess eligible amounts).
(2) For any eligible institution, the excess eligible amount is
the amount, if any, by which -
(A)(i) the amount of that institution's need (as determined
under subsection (c) of this section), divided by (ii) the sum of
the need of all institutions (as so determined), multiplied by
(iii) the amount appropriated pursuant to section 1070b(b) of
this title of the fiscal year; exceeds
(B) the amount required to be allocated to that institution
under subsection (a) of this section.
(c) Determination of institution's need
(1) The amount of an institution's need is equal to -
(A) the sum of the need of the institution's eligible
undergraduate students; minus
(B) the sum of grant aid received by students under subparts 1
and 3 (FOOTNOTE 1) of this part.
(FOOTNOTE 1) See References in Text note below.
(2) To determine the need of an institution's eligible
undergraduate students, the Secretary shall -
(A) establish various income categories for dependent and
independent undergraduate students;
(B) establish an expected family contribution for each income
category of dependent and independent undergraduate students,
determined on the basis of the average expected family
contribution (computed in accordance with part E of this
subchapter) of a representative sample within each income
category for the second preceding fiscal year;
(C) compute 75 percent of the average cost of attendance for
all undergraduate students;
(D) multiply the number of eligible dependent students in each
income category by 75 percent of the average cost of attendance
for all undergraduate students determined under subparagraph (C),
minus the expected family contribution determined under
subparagraph (B) for that income category, except that the amount
computed by such subtraction shall not be less than zero;
(E) add the amounts determined under subparagraph (D) for each
income category of dependent students;
(F) multiply the number of eligible independent students in
each income category by 75 percent of the average cost of
attendance for all undergraduate students determined under
subparagraph (C), minus the expected family contribution
determined under subparagraph (B) for that income category,
except that the amount computed by such subtraction shall not be
less than zero;
(G) add the amounts determined under subparagraph (F) for each
income category of independent students; and
(H) add the amounts determined under subparagraphs (E) and (G).
(3)(A) For purposes of paragraph (2), the term ''average cost of
attendance'' means the average of the attendance costs for
undergraduate students, which shall include (i) tuition and fees
determined in accordance with subparagraph (B), (ii) standard
living expenses determined in accordance with subparagraph (C), and
(iii) books and supplies determined in accordance with subparagraph
(D).
(B) The average undergraduate tuition and fees described in
subparagraph (A)(i) shall be computed on the basis of information
reported by the institution to the Secretary, which shall include
(i) total revenue received by the institution from undergraduate
tuition and fees for the second year preceding the year for which
it is applying for an allocation, and (ii) the institution's
enrollment for such second preceding year.
(C) The standard living expense described in subparagraph (A)(ii)
is equal to 150 percent of the difference between the income
protection allowance for a family of five with one in college and
the income protection allowance for a family of six with one in
college for a single independent student.
(D) The allowance for books and supplies described in
subparagraph (A)(iii) is equal to $450.
(d) Reallocation of excess allocations
(1) If an institution returns to the Secretary any portion of the
sums allocated to such institution under this section for any
fiscal year the Secretary shall, in accordance with regulations,
reallocate such excess to other institutions.
(2) If under paragraph (1) of this subsection an institution
returns more than 10 percent of its allocation, the institution's
allocation for the next fiscal year shall be reduced by the amount
returned. The Secretary may waive this paragraph for a specific
institution if the Secretary finds that enforcing this paragraph
would be contrary to the interest of the program.
(e) Filing deadlines
The Secretary shall, from time to time, set dates before which
institutions must file applications for allocations under this
part.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 413D, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1330; amended Pub.
L. 100-50, Sec. 4, June 3, 1987, 101 Stat. 340; Pub. L. 102-325,
title IV, Sec. 403(g), (h), July 23, 1992, 106 Stat. 506; Pub. L.
103-208, Sec. 2(b)(26), Dec. 20, 1993, 107 Stat. 2459; Pub. L.
105-244, title IV, Sec. 406(c)(1), (2), Oct. 7, 1998, 112 Stat.
1665.)
-REFTEXT-
REFERENCES IN TEXT
Subpart 3 of this part, referred to in subsec. (c)(1)(B), was
redesignated subpart 4 by Pub. L. 102-325, title IV, Sec.
402(a)(2), July 23, 1992, 106 Stat. 482, and former subpart 2 (this
subpart) was redesignated as subpart 3.
-MISC2-
PRIOR PROVISIONS
A prior section 1070b-3, Pub. L. 89-329, title IV, Sec. 413D, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 254; amended Pub. L. 96-374, title IV, Sec. 403(e), (f),
title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1405, 1406,
1503, related to apportionment and allocation of funds for
supplemental educational opportunity grants, prior to the general
revision of this part by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 406(c)(1)(A), which
directed substitution of ''received under subsections (a) and (b)
of this section for fiscal year 1999 (as such subsections were in
effect with respect to allocations for such fiscal year)'' for
''received and used under this part for fiscal year 1985'', was
executed by making the substitution for ''received and used under
this subpart for fiscal year 1985'' to reflect the probable intent
of Congress.
Subsec. (a)(2)(A), (B). Pub. L. 105-244, Sec. 406(c)(1)(B)(i),
substituted ''1999'' for ''1985'' in introductory provisions.
Subsec. (a)(2)(C)(i). Pub. L. 105-244, Sec. 406(c)(1)(B)(ii),
substituted ''2000'' for ''1986''.
Subsec. (b). Pub. L. 105-244, Sec. 406(c)(2)(A), (D),
redesignated subsec. (c) as (b) and struck out heading and text of
former subsec. (b). Text read as follows: ''From one-quarter of the
remainder of the amount appropriated pursuant to section 1070b(b)
of this title for any fiscal year (after making the allocations
required by subsection (a) of this section), the Secretary shall
allocate to each eligible institution an amount which bears the
same ratio to such one-quarter as the amount the eligible
institution receives for such fiscal year under subsection (a) of
this section bears to the amount all such institutions receive
under such subsection (a) of this section.''
Subsec. (c). Pub. L. 105-244, Sec. 406(c)(2)(D), redesignated
subsec. (d) as (c). Former subsec. (c) redesignated (b).
Subsec. (c)(1). Pub. L. 105-244, Sec. 406(c)(2)(B), substituted
''the remainder'' for ''three-quarters of the remainder''.
Subsec. (c)(2)(A)(i). Pub. L. 105-244, Sec. 406(c)(2)(C),
substituted ''subsection (c)'' for ''subsection (d)''.
Subsecs. (d) to (f). Pub. L. 105-244, Sec. 406(c)(2)(D),
redesignated subsecs. (e) and (f) as (d) and (e), respectively.
Former subsec. (d) redesignated (c).
1993 - Subsec. (d)(3)(C). Pub. L. 103-208 substituted ''150
percent of the difference between the income protection allowance
for a family of five with one in college and the income protection
allowance for a family of six with one in college'' for
''three-fourths in the Pell Grant family size offset''.
1992 - Subsec. (a)(4). Pub. L. 102-325, Sec. 403(g), added par.
(4).
Subsec. (e). Pub. L. 102-325, Sec. 403(h), designated existing
provisions as par. (1) and added par. (2).
1987 - Subsec. (d)(2)(D). Pub. L. 100-50, Sec. 4(a)(1), added
subpar. (D) and struck out former subpar. (D) which read as
follows: ''multiply the number of eligible dependent students in
each income category by the lesser of -
''(i) 75 percent of the average cost of attendance for all
undergraduate students determined under subparagraph (C); or
''(ii) the average cost of attendance for all undergraduate
students minus the expected family contribution determined under
subparagraph (B) for that income category, except that the amount
computed by such subtraction shall not be less than zero;''.
Subsec. (d)(2)(F). Pub. L. 100-50, Sec. 4(a)(2), added subpar.
(F) and struck out former subpar. (F) which read as follows:
''multiply the number of eligible independent students in each
income category by the lesser of -
''(i) 75 percent of the average cost of attendance for all
undergraduate students determined under subparagraph (C); or
''(ii) the average cost of attendance for all undergraduate
students minus the expected family contribution determined under
subparagraph (B) for that income category, except that the amount
computed by such subtraction for any income category shall not be
less than zero;''.
Subsec. (d)(3)(A). Pub. L. 100-50, Sec. 4(b)(1), struck out ''and
for graduate and professional students'' after ''undergraduate
students''.
Subsec. (d)(3)(B). Pub. L. 100-50, Sec. 4(b)(2), struck out ''and
graduate and professional'' after ''average undergraduate'' and
struck out ''and graduate'' after ''from undergraduate''.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-244, title IV, Sec. 406(c)(3), Oct. 7, 1998, 112
Stat. 1665, provided that: ''The amendments made by this subsection
(amending this section) shall apply with respect to allocations of
amounts appropriated pursuant to section 413A(b) of the Higher
Education Act of 1965 (20 U.S.C. 1070b(b)) for fiscal year 2000 or
any succeeding fiscal year.''
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-208 effective as if included in the
Higher Education Amendments of 1992, Pub. L. 102-325, except as
otherwise provided, see section 5(a) of Pub. L. 103-208, set out as
a note under section 1051 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-50 effective as if enacted as part of
the Higher Education Amendments of 1986, Pub. L. 99-498, see
section 27 of Pub. L. 100-50, set out as a note under section 1001
of this title.
EFFECTIVE DATE
Section 401(b)(6) of Pub. L. 99-498, as added by Pub. L. 100-50,
Sec. 22(a)(2), June 3, 1987, 101 Stat. 361, provided that: ''The
changes made in section 413D of the Act (this section) shall apply
with respect to the allocation of funds for the academic year
1988-1989 and succeeding academic years.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070b-2, 1089, 1095 of
this title.
-CITE-
20 USC Sec. 1070b-4 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 3 - federal supplemental educational opportunity grants
-HEAD-
Sec. 1070b-4. Carryover and carryback authority
-STATUTE-
(a) Carryover authority
Of the sums made available to an eligible institution under this
subpart for a fiscal year, not more than 10 percent may, at the
discretion of the institution, remain available for expenditure
during the succeeding fiscal year to carry out the program under
this subpart.
(b) Carryback authority
(1) In general
Of the sums made available to an eligible institution under
this subpart for a fiscal year, not more than 10 percent may, at
the discretion of the institution, be used by the institution for
expenditure for the fiscal year preceding the fiscal year for
which the sums were appropriated.
(2) Use of carried-back funds
An eligible institution may make grants to students after the
end of the academic year, but prior to the beginning of the
succeeding fiscal year, from such succeeding fiscal year's
appropriations.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 413E, as added Pub. L. 105-244,
title IV, Sec. 406(d), Oct. 7, 1998, 112 Stat. 1665.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC subpart 4 - leveraging educational assistance
partnership program 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
.
-HEAD-
subpart 4 - leveraging educational assistance partnership program
-COD-
CODIFICATION
Pub. L. 105-244, title IV, Sec. 407(a)(1), Oct. 7, 1998, 112
Stat. 1666, amended heading generally.
Pub. L. 102-325, title IV, Sec. 402(a)(1), (2), July 23, 1992,
106 Stat. 482, redesignated former subpart 3 as 4 and repealed
former subpart 4, comprising sections 1070d to 1070d-1d, which
authorized special programs for students from disadvantaged
backgrounds.
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 1070, 1070a, 1070a-21,
1070a-24, 1087vv, 1090, 1091, 1094 of this title.
-CITE-
20 USC Sec. 1070c 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
-HEAD-
Sec. 1070c. Purpose; appropriations authorized
-STATUTE-
(a) Purpose of subpart
It is the purpose of this subpart to make incentive grants
available to States to assist States in -
(1) providing grants to -
(A) eligible students attending institutions of higher
education or participating in programs of study abroad that are
approved for credit by institutions of higher education at
which such students are enrolled; and
(B) eligible students for campus-based community service
work-study; and
(2) carrying out the activities described in section 1070c-3a
of this title.
(b) Authorization of appropriations; availability
(1) In general
There are authorized to be appropriated $105,000,000 for fiscal
year 1999, and such sums as may be necessary for each of the 4
succeeding fiscal years.
(2) Reservation
For any fiscal year for which the amount appropriated under
paragraph (1) exceeds $30,000,000, the excess shall be available
to carry out section 1070c-3a of this title.
(3) Availability
Sums appropriated pursuant to the authority of paragraph (1)
for any fiscal year shall remain available for payments to States
under this subpart until the end of the fiscal year succeeding
the fiscal year for which such sums were appropriated.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 415A, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1332; amended Pub.
L. 102-325, title IV, Sec. 404(a), July 23, 1992, 106 Stat. 506;
Pub. L. 105-244, title IV, Sec. 407(b), (c)(1), Oct. 7, 1998, 112
Stat. 1666, 1667; Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec.
316(1)), Dec. 21, 2000, 114 Stat. 2763, 2763A-47.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070c, Pub. L. 89-329, title IV, Sec. 415A, as
added Pub. L. 92-318, title I Sec. 131(b)(1), June 23, 1972, 86
Stat. 255; amended Pub. L. 94-482, title I, Sec. 123(a), (c)(1),
Oct. 12, 1976, 90 Stat. 2094; Pub. L. 95-43, Sec. 1(b)(3), June 15,
1977, 91 Stat. 218; Pub. L. 96-49, Sec. 5(a)(4), Aug. 13, 1979, 93
Stat. 352; Pub. L. 96-374, title IV, Sec. 404(a), Oct. 3, 1980, 94
Stat. 1406, related to purpose and authorization of appropriations
for grants to States for State student incentives, prior to the
general revision of this part by Pub. L. 99-498.
AMENDMENTS
2000 - Subsec. (a)(2). Pub. L. 106-554, which directed amendment
of section 415 of the Higher Education Act of 1965 in section
415A(a)(2) by substituting ''section 1070c-3a of this title'' for
''section 1070c-4 of this title'', was executed by making the
substitution in subsec. (a)(2) of this section, which is section
415A of the Higher Education Act of 1965, to reflect the probable
intent of Congress.
1998 - Subsec. (a). Pub. L. 105-244, Sec. 407(c)(1), amended
heading and text of subsec. (a) generally. Prior to amendment,
text read as follows: ''It is the purpose of this subpart to make
incentive grants available to States to assist States in providing
grants to -
''(1) eligible students attending institutions of higher
education or participating in programs of study abroad that are
approved for credit by institutions of higher education at which
such students are enrolled; and
''(2) eligible students for campus-based community service
work-study.''
Subsec. (b)(1). Pub. L. 105-244, Sec. 407(b)(1), substituted
''1999'' for ''1993''.
Subsec. (b)(2), (3). Pub. L. 105-244, Sec. 407(b)(2), (3), added
par. (2) and redesignated former par. (2) as (3).
1992 - Pub. L. 102-325 amended section generally. Prior to
amendment, section read as follows:
''(a) Purpose of Subpart. - It is the purpose of this subpart to
make incentive grants available to the States to assist them in
providing grants to eligible students attending institutions of
higher education and grants to eligible students for campus-based
community service work learning study.
''(b) Authorization of Appropriations; Availability. - (1) There
are authorized to be appropriated $85,000,000 for fiscal year 1987,
and such sums as may be necessary for the 4 succeeding fiscal
years.
''(2) Sums appropriated pursuant to paragraph (1) for any fiscal
year shall remain available for payments to States under this
subpart until the end of the fiscal year succeeding the fiscal year
for which such sums were appropriated.''
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070c-1, 1070c-3a of this
title.
-CITE-
20 USC Sec. 1070c-1 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
-HEAD-
Sec. 1070c-1. Allotment among States
-STATUTE-
(a) Allotment based on number of eligible students in attendance
(1) From the sums appropriated pursuant to section 1070c(b)(1) of
this title and not reserved under section 1070c(b)(2) of this title
for any fiscal year, the Secretary shall allot to each State an
amount which bears the same ratio to such sums as the number of
students who are deemed eligible in such State for participation in
the grant program authorized by this subpart bears to the total
number of such students in all the States, except that no State
shall receive less than the State received for fiscal year 1979.
(2) For the purpose of this subsection, the number of students
who are deemed eligible in a State for participation in the grant
program authorized by this subpart, and the number of such students
in all the States, shall be determined for the most recent year for
which satisfactory data are available.
(b) Reallotment
The amount of any State's allotment under subsection (a) of this
section for any fiscal year which the Secretary determines will not
be required for such fiscal year for the leveraging educational
assistance partnership program of that State shall be available for
reallotment from time to time, on such dates during such year as
the Secretary may fix, to other States in proportion to the
original allotments to such States under such part for such year,
but with such proportionate amount for any of such States being
reduced to the extent it exceeds the sum the Secretary estimates
such State needs and will be able to use for such year for carrying
out the State plan. The total of such reductions shall be
similarly reallotted among the States whose proportionate amounts
were not so reduced. Any amount reallotted to a State under this
part during a year from funds appropriated pursuant to section
1070c(b)(1) of this title shall be deemed part of its allotment
under subsection (a) of this section for such year.
(c) Allotments subject to continuing compliance
The Secretary shall make payments for continuing incentive grants
only to States which continue to meet the requirements of section
1070c-2(b) of this title.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 415B, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1333; amended Pub.
L. 105-244, title IV, Sec. 407(a)(2)(A), (c)(2), Oct. 7, 1998, 112
Stat. 1666, 1667.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070c-1, Pub. L. 89-329, title IV, Sec. 415B, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 256; amended Pub. L. 94-482, title I, Sec. 123(c)(2), Oct.
12, 1976, 90 Stat. 2094; Pub. L. 96-374, title IV, Sec. 404(b),
title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1407, 1503,
related to allotment among States of amounts for grants to States
for State student incentives, prior to the general revision of this
part by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 407(c)(2), inserted
''and not reserved under section 1070c(b)(2) of this title'' after
''1070c(b)(1) of this title''.
Subsec. (b). Pub. L. 105-244, Sec. 407(a)(2)(A), substituted
''leveraging educational assistance partnership'' for ''State
student grant incentive''.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
-CITE-
20 USC Sec. 1070c-2 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
-HEAD-
Sec. 1070c-2. Applications for leveraging educational assistance
partnership programs
-STATUTE-
(a) Submission and contents of applications
A State which desires to obtain a payment under this subpart for
any fiscal year shall submit annually an application therefor
through the State agency administering its program under this
subpart as of July 1, 1985, unless the Governor of that State so
designates, in writing, a different agency to administer the
program. The application shall contain such information as may be
required by, or pursuant to, regulation for the purpose of enabling
the Secretary to make the determinations required under this
subpart.
(b) Payment of Federal share of grants made by qualified program
From a State's allotment under this subpart for any fiscal year
the Secretary is authorized to make payments to such State for
paying up to 50 percent of the amount of student grants pursuant to
a State program which -
(1) is administered by a single State agency;
(2) provides that such grants will be in amounts not in excess
of $5,000 per academic year (A) for attendance on a full-time
basis at an institution of higher education, and (B) for
campus-based community service work learning study jobs;
(3) provides that -
(A) not more than 20 percent of the allotment to the State
for each fiscal year may be used for the purpose described in
paragraph (2)(B);
(B) grants for the campus-based community work learning study
jobs may be made only to students who are otherwise eligible
for assistance under this subpart; and
(C) grants for such jobs be made in accordance with the
provisions of section 2753(b)(1) of title 42;
(4) provides for the selection of recipients of such grants or
of such State work-study jobs on the basis of substantial
financial need determined annually on the basis of criteria
established by the State and approved by the Secretary, except
that for the purpose of collecting data to make such
determination of financial need, no student or parent shall be
charged a fee that is payable to an entity other than such State;
(5) provides that, effective with respect to any academic year
beginning on or after October 1, 1978, all nonprofit institutions
of higher education in the State are eligible to participate in
the State program, except in any State in which participation of
nonprofit institutions of higher education is in violation of the
constitution of the State or in any State in which participation
of nonprofit institutions of higher education is in violation of
a statute of the State which was enacted prior to October 1,
1978;
(6) provides for the payment of the non-Federal portion of such
grants or of such work-study jobs from funds supplied by such
State which represent an additional expenditure for such year by
such State for grants or work-study jobs for students attending
institutions of higher education over the amount expended by such
State for such grants or work-study jobs, if any, during the
second fiscal year preceding the fiscal year in which such State
initially received funds under this subpart;
(7) provides that if the State's allocation under this subpart
is based in part on the financial need demonstrated by students
who are independent students or attending the institution less
than full time, a reasonable proportion of the State's allocation
shall be made available to such students;
(8) provides for State expenditures under such program of an
amount not less than the average annual aggregate expenditures
for the preceding three fiscal years or the average annual
expenditure per full-time equivalent student for such years;
(9) provides (A) for such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the State agency under
this subpart, and (B) for the making of such reports, in such
form and containing such information, as may be reasonably
necessary to enable the Secretary to perform his functions under
this subpart; and
(10) for any academic year beginning after June 30, 1987,
provides the non-Federal share of the amount of student grants or
work-study jobs under this subpart through a direct appropriation
of State funds for the program under this subpart.
(c) Reservation and disbursement of allotments and reallotments
Upon his approval of any application for a payment under this
subpart, the Secretary shall reserve from the applicable allotment
(including any applicable reallotment) available therefor, the
amount of such payment, which (subject to the limits of such
allotment or reallotment) shall be equal to the Federal share of
the cost of the students' incentive grants or work-study jobs
covered by such application. The Secretary shall pay such reserved
amount, in advance or by way of reimbursement, and in such
installments as the Secretary may determine. The Secretary may
amend the reservation of any amount under this section, either upon
approval of an amendment of the application or upon revision of the
estimated cost of the student grants or work-study jobs with
respect to which such reservation was made. If the Secretary
approves an upward revision of such estimated cost, the Secretary
may reserve the Federal share of the added cost only from the
applicable allotment (or reallotment) available at the time of such
approval.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 415C, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1333; amended Pub.
L. 102-325, title IV, Sec. 404(b)-(d), July 23, 1992, 106 Stat.
507; Pub. L. 103-208, Sec. 2(b)(27), Dec. 20, 1993, 107 Stat. 2459;
Pub. L. 105-244, title IV, Sec. 407(a)(2)(B), Oct. 7, 1998, 112
Stat. 1666.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070c-2, Pub. L. 89-329, title IV, Sec. 415C, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 256; amended Pub. L. 94-482, title I, Sec. 123(b), Oct. 12,
1976, 90 Stat. 2094; Pub. L. 95-43, Sec. 1(a)(6), June 15, 1977, 91
Stat. 213; Pub. L. 95-566, Sec. 3, Nov. 1, 1978, 92 Stat. 2403;
Pub. L. 96-374, title IV, Sec. 404(c), title XIII, Sec. 1391(a)(1),
(2), Oct. 3, 1980, 94 Stat. 1407, 1503, related to payment of
grants to States for State student incentives, prior to the general
revision of this part by Pub. L. 99-498.
AMENDMENTS
1998 - Pub. L. 105-244 substituted ''leveraging educational
assistance partnership'' for ''State student incentive grant'' in
section catchline.
1993 - Subsec. (b)(7). Pub. L. 103-208 substituted a semicolon
for period at end.
1992 - Subsec. (b)(2). Pub. L. 102-325, Sec. 404(b), substituted
''$5,000'' for ''$2,500''.
Subsec. (b)(4). Pub. L. 102-325, Sec. 404(c), inserted before
semicolon at end '', except that for the purpose of collecting data
to make such determination of financial need, no student or parent
shall be charged a fee that is payable to an entity other than such
State''.
Subsec. (b)(7). Pub. L. 102-325, Sec. 404(d), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
''provides that, if the institution's allocation under this subpart
is based in part on the financial need demonstrated by students
attending the institution less than full time, a reasonable
proportion of the institution's allocation shall be made available
to such 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
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1070c-1, 1070c-3,
1070c-3a of this title.
-CITE-
20 USC Sec. 1070c-3 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
-HEAD-
Sec. 1070c-3. Administration of State programs; judicial review
-STATUTE-
(a) Disapproval of applications; suspension of eligibility
(1) The Secretary shall not finally disapprove any application
for a State program submitted under section 1070c-2 of this title,
or any modification thereof, without first affording the State
agency submitting the program reasonable notice and opportunity for
a hearing.
(2) Whenever the Secretary, after reasonable notice and
opportunity for hearing to the State agency administering a State
program approved under this subpart, finds -
(A) that the State program has been so changed that it no
longer complies with the provisions of this subpart, or
(B) that in the administration of the program there is a
failure to comply substantially with any such provisions,
the Secretary shall notify such State agency that the State will
not be regarded as eligible to participate in the program under
this subpart until he is satisfied that there is no longer any such
failure to comply.
(b) Review of decisions
(1) If any State is dissatisfied with the Secretary's final
action with respect to the approval of its State program submitted
under this subpart or with his final action under subsection (a) of
this section, such State may appeal to the United States court of
appeals for the circuit in which such State is located. The
summons and notice of appeal may be served at any place in the
United States. The Commissioner shall forthwith certify and file in
the court the transcript of the proceedings and the record on which
he based his action.
(2) The findings of fact by the Secretary, if supported by
substantial evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary to take further
evidence, and the Secretary may thereupon make new or modified
findings of fact and may modify his previous action, and shall
certify to the court the transcript and record of further
proceedings. Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
(3) The court shall have jurisdiction to affirm the action of the
Secretary or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in title
28, section 1254.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 415D, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1335.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070c-3, Pub. L. 89-329, title IV, Sec. 415D, as
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 257; amended Pub. L. 96-374, title XIII, Sec. 1391(a)(1),
(2), Oct. 3, 1980, 94 Stat. 1503, related to administration of
State programs and judicial review, prior to the general revision
of this part by Pub. L. 99-498.
-CITE-
20 USC Sec. 1070c-3a 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
-HEAD-
Sec. 1070c-3a. Special leveraging educational assistance
partnership program
-STATUTE-
(a) In general
From amounts reserved under section 1070c(b)(2) of this title for
each fiscal year, the Secretary shall -
(1) make allotments among States in the same manner as the
Secretary makes allotments among States under section 1070c-1 of
this title; and
(2) award grants to States, from allotments under paragraph
(1), to enable the States to pay the Federal share of the cost of
the authorized activities described in subsection (c) of this
section.
(b) Applicability rule
The provisions of this subpart which are not inconsistent with
this section shall apply to the program authorized by this section.
(c) Authorized activities
Each State receiving a grant under this section may use the grant
funds for -
(1) making awards that -
(A) supplement grants received under section 1070c-2(b)(2) of
this title by eligible students who demonstrate financial need;
or
(B) provide grants under section 1070c-2(b)(2) of this title
to additional eligible students who demonstrate financial need;
(2) providing scholarships for eligible students -
(A) who demonstrate financial need; and
(B) who -
(i) desire to enter a program of study leading to a career
in -
(I) information technology;
(II) mathematics, computer science, or engineering;
(III) teaching; or
(IV) another field determined by the State to be critical
to the State's workforce needs; or
(ii) demonstrate merit or academic achievement; and
(3) making awards that -
(A) supplement community service work-study awards received
under section 1070c-2(b)(2) of this title by eligible students
who demonstrate financial need; or
(B) provide community service work-study awards under section
1070c-2(b)(2) of this title to additional eligible students who
demonstrate financial need.
(d) Maintenance of effort requirement
Each State receiving a grant under this section for a fiscal year
shall provide the Secretary an assurance that the aggregate amount
expended per student or the aggregate expenditures by the State,
from funds derived from non-Federal sources, for the authorized
activities described in subsection (c) of this section for the
preceding fiscal year were not less than the amount expended per
student or the aggregate expenditures by the State for the
activities for the second preceding fiscal year.
(e) Federal share
The Federal share of the cost of the authorized activities
described in subsection (c) of this section for any fiscal year
shall be not more than 33 1/3 percent.
(f) Special rule
Notwithstanding subsection (d) of this section, for purposes of
determining a State's share of the cost of the authorized
activities described in subsection (c) of this section, the State
shall consider only those expenditures from non-Federal sources
that exceed its total expenditures for need-based grants,
scholarships, and work-study assistance for fiscal year 1999
(including any such assistance provided under this subpart).
(g) Use of funds for administrative costs prohibited
A State receiving a grant under this section shall not use any of
the grant funds to pay administrative costs associated with any of
the authorized activities described in subsection (c) of this
section.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 415E, as added Pub. L. 105-244,
title IV, Sec. 407(c)(2), Oct. 7, 1998, 112 Stat. 1666; amended
Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec. 316(2), (3)), Dec.
21, 2000, 114 Stat. 2763, 2763A-47.)
-MISC1-
PRIOR PROVISIONS
A prior section 415E of Pub. L. 89-329 was renumbered section
415F and is classified to section 1070c-4 of this title.
Another prior section 415E of Pub. L. 89-329 was classified to
section 1070c-4 of this title prior to repeal by Pub. L. 96-374.
AMENDMENTS
2000 - Subsec. (c). Pub. L. 106-554, Sec. 1(a)(1) (title III,
Sec. 316(2)), which directed amendment of section 415 of the Higher
Education Act of 1965 in section 415E by adding subsec. (c) and
striking out former subsec. (c), was executed to this section,
which is section 415E of the Higher Education Act of 1965, to
reflect the probable intent of Congress. Prior to amendment,
subsec. (c) listed the activities for which States receiving a
grant under this section were authorized to use the grant funds.
Subsecs. (f), (g). Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec.
316(3)), which directed amendment of section 415 of the Higher
Education Act of 1965 in section 415E by adding subsecs. (f) and
(g), was executed by adding subsecs. (f) and (g) to this section,
which is section 415E of the Higher Education Act of 1965, to
reflect the probable intent of Congress.
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070c of this title.
-CITE-
20 USC Sec. 1070c-4 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
-HEAD-
Sec. 1070c-4. ''Community service'' defined
-STATUTE-
For the purpose of this subpart, the term ''community service''
means services, including direct service, planning, and applied
research which are identified by an institution of higher
education, through formal or informal consultation with local
nonprofit, governmental, and community-based organizations, and
which -
(1) are designed to improve the quality of life for community
residents, particularly low-income individuals, or to solve
particular problems related to the needs of such residents,
including but not limited to, such fields as health care, child
care, education, literacy training, welfare, social services,
public safety, crime prevention and control, transportation,
recreation, housing and neighborhood improvement, rural
development, and community improvement; and
(2) provide participating students with work-learning
opportunities related to their educational or vocational programs
or goals.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 415F, formerly Sec. 415E, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1336; amended Pub. L. 100-50, Sec. 5, June 3, 1987, 101 Stat. 340;
renumbered Sec. 415F, Pub. L. 105-244, title IV, Sec. 407(c)(1),
Oct. 7, 1998, 112 Stat. 1666.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070c-4, Pub. L. 89-329, title IV, Sec. 415E, as
added Pub. L. 94-482, title I, Sec. 123(c)(3), Oct. 12, 1976, 90
Stat. 2094; amended Pub. L. 95-43, Sec. 1(a)(7), June 15, 1977, 91
Stat. 213, related to a program of bonus allotments, prior to
repeal by Pub. L. 96-374, title IV, Sec. 404(d), Oct. 3, 1980, 94
Stat. 1407, eff. Oct. 1, 1980.
AMENDMENTS
1987 - Par. (1). Pub. L. 100-50 substituted ''literacy'' for
''literary''.
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.
-CITE-
20 USC Sec. 1070d to 1070d-1d 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 4 - leveraging educational assistance partnership program
-HEAD-
Sec. 1070d to 1070d-1d. Repealed. Pub. L. 102-325, title IV, Sec.
402(a)(1), July 23, 1992, 106 Stat. 482
-MISC1-
Section 1070d, Pub. L. 89-329, title IV, Sec. 417A, as added Pub.
L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1336,
related to program authority and authorization of appropriations.
A prior section 1070d, Pub. L. 89-329, title IV, Sec. 417A, as
added Pub. L. 96-374, title IV, Sec. 405, Oct. 3, 1980, 94 Stat.
1407, authorized a program of grants and contracts to assist
students from disadvantaged backgrounds, prior to the general
revision of this part by Pub. L. 99-498.
Another prior section 1070d, Pub. L. 89-329, title IV, Sec. 417A,
as added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86
Stat. 258; amended Pub. L. 94-482, title I, Sec. 124(a), Oct. 12,
1976, 90 Stat. 2094; Pub. L. 96-49, Sec. 5(a)(5), Aug. 13, 1979, 93
Stat. 352; Pub. L. 96-374, title XIII, Sec. 1391(a)(1), Oct. 3,
1980, 94 Stat. 1503, authorized the Secretary of Education to carry
out special programs for students from disadvantaged backgrounds
and authorized appropriations for such programs, prior to the
general revision of this subpart by Pub. L. 96-374.
Section 1070d-1, Pub. L. 89-329, title IV, Sec. 417B, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1337, authorized a talent search program.
A prior section 1070d-1, Pub. L. 89-329, title IV, Sec. 417B, as
added Pub. L. 96-374, title IV, Sec. 405, Oct. 3, 1980, 94 Stat.
1408, authorized a talent search program, prior to the general
revision of this part by Pub. L. 99-498.
Another prior section 1070d-1, Pub. L. 89-329, title IV, Sec.
417B, as added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23,
1972, 86 Stat. 258; amended Pub. L. 93-380, title VIII, Sec.
833(a), Aug. 21, 1974, 88 Stat. 603; Pub. L. 94-482, title I, Sec.
124(b), (c), Oct. 12, 1976, 90 Stat. 2094, 2095; Pub. L. 95-566,
Sec. 4, Nov. 1, 1978, 92 Stat. 2403; Pub. L. 96-374, title XIII,
Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, specified the
authorized activities of the Secretary of Education in carrying out
special programs for students from disadvantaged backgrounds, prior
to the general revision of this subpart by Pub. L. 96-374.
Section 1070d-1a, Pub. L. 89-329, title IV, Sec. 417C, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1338, authorized an upward bound program.
A prior section 1070d-1a, Pub. L. 89-329, title IV, Sec. 417C, as
added Pub. L. 96-374, title IV, Sec. 405, Oct. 3, 1980, 94 Stat.
1409, authorized an upward bound program, prior to the general
revision of this part by Pub. L. 99-498.
Section 1070d-1b, Pub. L. 89-329, title IV, Sec. 417D, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1339; amended Pub. L. 100-50, Sec. 6, June 3, 1987, 101 Stat. 340;
Pub. L. 100-418, title VI, Sec. 6271, Aug. 23, 1988, 102 Stat.
1523, related to student support services program.
A prior section 1070d-1b, Pub. L. 89-329, title IV, Sec. 417D, as
added Pub. L. 96-374, title IV, Sec. 405, Oct. 3, 1980, 94 Stat.
1410, authorized a special services for disadvantaged students
program, prior to the general revision of this part by Pub. L.
99-498.
Section 1070d-1c, Pub. L. 89-329, title IV, Sec. 417E, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1340, authorized an educational opportunity centers program.
A prior section 1070d-1c, Pub. L. 89-329, title IV, Sec. 417E, as
added Pub. L. 96-374, title IV, Sec. 405, Oct. 3, 1980, 94 Stat.
1410, authorized an educational opportunity centers program, prior
to the general revision of this part by Pub. L. 99-498.
Section 1070d-1d, Pub. L. 89-329, title IV, Sec. 417F, as added
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat.
1341, related to staff development activities.
A prior section 1070d-1d, Pub. L. 89-329, title IV, Sec. 417F, as
added Pub. L. 96-374, title IV, Sec. 405, Oct. 3, 1980, 94 Stat.
1411, authorized grants for staff training, prior to the general
revision of this part by Pub. L. 99-498.
-CITE-
20 USC subpart 5 - special programs for students whose
families are engaged in migrant and
seasonal farmwork 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 5 - special programs for students whose families are
engaged in migrant and seasonal farmwork
.
-HEAD-
subpart 5 - special programs for students whose families are
engaged in migrant and seasonal farmwork
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 1070, 3414 of this title.
-CITE-
20 USC Sec. 1070d-2 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 5 - special programs for students whose families are
engaged in migrant and seasonal farmwork
-HEAD-
Sec. 1070d-2. Maintenance and expansion of existing programs
-STATUTE-
(a) Program authority
The Secretary shall maintain and expand existing secondary and
postsecondary high school equivalency program and college
assistance migrant program projects located at institutions of
higher education or at private nonprofit organizations working in
cooperation with institutions of higher education.
(b) Services provided by high school equivalency program
The services authorized by this subpart for the high school
equivalency program include -
(1) recruitment services to reach persons -
(A)(i) who are 16 years of age and over; or
(ii) who are beyond the age of compulsory school attendance
in the State in which such persons reside and are not enrolled
in school;
(B)(i) who themselves, or whose parents, have spent a minimum
of 75 days during the past 24 months in migrant and seasonal
farmwork; or
(ii) who are eligible to participate, or have participated
within the preceding 2 years, in programs under part C of title
I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6391 et seq.) or section 2912 of title 29; and
(C) who lack a high school diploma or its equivalent;
(2) educational services which provide instruction designed to
help students obtain a general education diploma which meets the
guidelines established by the State in which the project is
located for high school equivalency;
(3) supportive services which include the following:
(A) personal, vocational, and academic counseling;
(B) placement services designed to place students in a
university, college, or junior college program, or in military
service or career positions; and
(C) health services;
(4) information concerning, and assistance in obtaining,
available student financial aid;
(5) weekly stipends for high school equivalency program
participants;
(6) housing for those enrolled in residential programs;
(7) exposure to cultural events, academic programs, and other
educational and cultural activities usually not available to
migrant youth; and
(8) other essential supportive services, as needed to ensure
the success of eligible students.
(c) Services provided by college assistance migrant program
(1) Services authorized by this subpart for the college
assistance migrant program include -
(A) outreach and recruitment services to reach persons who
themselves or whose parents have spent a minimum of 75 days
during the past 24 months in migrant and seasonal farmwork or who
have participated or are eligible to participate, in programs
under part C of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6391 et seq.) (or such part's predecessor
authority) or section 2912 of title 29, and who meet the minimum
qualifications for attendance at a college or university;
(B) supportive and instructional services which include:
(i) personal, academic, and career counseling as an ongoing
part of the program;
(ii) tutoring and academic skill building instruction and
assistance;
(iii) assistance with special admissions;
(iv) health services; and
(v) other services as necessary to assist students in
completing program requirements;
(C) assistance in obtaining student financial aid which
includes, but is not limited to:
(i) stipends;
(ii) scholarships;
(iii) student travel;
(iv) career oriented work study;
(v) books and supplies;
(vi) tuition and fees;
(vii) room and board; and
(viii) other assistance necessary to assist students in
completing their first year of college;
(D) housing support for students living in institutional
facilities and commuting students;
(E) exposure to cultural events, academic programs, and other
activities not usually available to migrant youth; and
(F) other support services as necessary to ensure the success
of eligible students.
(2) A recipient of a grant to operate a college assistance
migrant program under this subpart shall provide followup services
for migrant students after such students have completed their first
year of college, and shall not use more than 10 percent of such
grant for such followup services. Such followup services may
include -
(A) monitoring and reporting the academic progress of students
who participated in the project during such student's first year
of college and during such student's subsequent years in college;
and
(B) referring such students to on- or off-campus providers of
counseling services, academic assistance, or financial aid.
(d) Management plan required
Each project application shall include a management plan which
contains assurances that the grant recipient will coordinate the
project, to the extent feasible, with other local, State, and
Federal programs to maximize the resources available for migrant
students, and that staff shall have a demonstrated knowledge and be
sensitive to the unique characteristics and needs of the migrant
and seasonal farmworker population, and provisions for:
(1) staff in-service training;
(2) training and technical assistance;
(3) staff travel;
(4) student travel;
(5) interagency coordination; and
(6) an evaluation plan.
(e) Five-year grant period; consideration of prior experience
Except under extraordinary circumstances, the Secretary shall
award grants for a 5-year period. For the purpose of making grants
under this subpart, the Secretary shall consider the prior
experience of service delivery under the particular project for
which funds are sought by each applicant. Such prior experience
shall be awarded the same level of consideration given this factor
for applicants for programs in accordance with section
1070a-11(c)(1) of this title.
(f) Minimum allocations
The Secretary shall not allocate an amount less than -
(1) $150,000 for each project under the high school equivalency
program, and
(2) $150,000 for each project under the college assistance
migrant program.
(g) Data collection
The National Center for Education Statistics shall collect
postsecondary education data on migrant students.
(h) Authorization of appropriations
(1) There are authorized to be appropriated for the high school
equivalency program $15,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the 4 succeeding fiscal years.
(2) There are authorized to be appropriated for the college
assistance migrant program $5,000,000 for fiscal year 1999 and such
sums as may be necessary for each of the 4 succeeding fiscal years.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 418A, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1341; amended Pub.
L. 100-50, Sec. 7, June 3, 1987, 101 Stat. 340; Pub. L. 102-325,
title IV, Sec. 405, July 23, 1992, 106 Stat. 507; Pub. L. 103-382,
title III, Sec. 391(e)(1), (2), Oct. 20, 1994, 108 Stat. 4022; Pub.
L. 105-244, title IV, Sec. 408, Oct. 7, 1998, 112 Stat. 1667; Pub.
L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 405(d)(15)(A),
(f)(12)(A)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-421,
2681-431.)
-REFTEXT-
REFERENCES IN TEXT
The Elementary and Secondary Education Act of 1965, referred to
in subsecs. (b)(1)(B)(ii) and (c)(1)(A), is Pub. L. 89-10, Apr. 11,
1965, 79 Stat. 27, as amended. Part C of title I of the Act is
classified generally to part C (Sec. 6391 et seq.) of subchapter I
of chapter 70 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 6301 of
this title and Tables.
-MISC2-
PRIOR PROVISIONS
A prior section 1070d-2, Pub. L. 89-329, title IV, Sec. 418A, as
added Pub. L. 96-374, title IV, Sec. 406, Oct. 3, 1980, 94 Stat.
1411, related to secondary and postsecondary high school
equivalency programs and college assistance migrant programs, prior
to the general revision of this part by Pub. L. 99-498.
Another prior section 1070d-2, Pub. L. 89-329, title IV, Sec.
418A, as added Pub. L. 94-482, title I, Sec. 125, Oct. 12, 1976, 90
Stat. 2096; amended Pub. L. 96-49, Sec. 5(a)(6), Aug. 13, 1979, 93
Stat. 352, provided for the Educational Information Centers
program, prior to repeal by Pub. L. 96-374, title I, Sec. 101(b),
Oct. 3, 1980, 94 Stat. 1383. See section 1070d-1c of this title.
A prior section 1070d-3, Pub. L. 89-329, title IV, Sec. 418B, as
added Pub. L. 94-482, title I, Sec. 125, Oct. 12, 1976, 90 Stat.
2097, related to administration by States of Educational
Information Centers program, prior to repeal by Pub. L. 96-374,
title I, Sec. 101(b), Oct. 3, 1980, 94 Stat. 1383, eff. Oct. 1,
1980.
AMENDMENTS
1998 - Subsecs. (b)(1)(B)(ii), (c)(1)(A). Pub. L. 105-277, Sec.
101(f) (title VIII, Sec. 405(f)(12)(A)), struck out ''section 1672
of title 29 or'' before ''section 2912 of title 29''.
Pub. L. 105-277, Sec. 101(f) (title VIII, Sec. 405(d)(15)(A)),
substituted ''section 1672 of title 29 or section 2912 of title
29'' for ''section 1672 of title 29''.
Subsec. (d). Pub. L. 105-244, Sec. 408(a), inserted ''that the
grant recipient will coordinate the project, to the extent
feasible, with other local, State, and Federal programs to maximize
the resources available for migrant students, and'' after
''contains assurances'' in introductory provisions.
Subsec. (e). Pub. L. 105-244, Sec. 408(d), substituted ''in
accordance with section 1070a-11(c)(1) of this title'' for
''authorized by subpart 4 of this part in accordance with section
1070d(b)(2) of this title.''
Subsec. (g). Pub. L. 105-244, Sec. 408(c)(2), added subsec. (g).
Former subsec. (g) redesignated (h).
Pub. L. 105-244, Sec. 408(b), substituted ''1999'' for ''1993''
in pars. (1) and (2).
Subsec. (h). Pub. L. 105-244, Sec. 408(c)(1), redesignated
subsec. (g) as (h).
1994 - Subsec. (b)(1)(B)(ii). Pub. L. 103-382, Sec. 391(e)(1),
substituted ''part C'' for ''subpart 1 of part D of chapter 1''.
Subsec. (c)(1)(A). Pub. L. 103-382, Sec. 391(e)(2), substituted
''part C'' for ''subpart 1 of part D of chapter 1'' and inserted
''(or such part's predecessor authority)'' after ''1965''.
1992 - Subsec. (b)(1). Pub. L. 102-325, Sec. 405(a)(1)(A), added
par. (1) and struck out former par. (1) which read as follows:
''recruitment services to reach persons who are 17 years of age and
over, who themselves or whose parents have spent a minimum of 75
days during the past 24 months in migrant and seasonal farmwork,
and who lack a high school diploma or its equivalent;''.
Subsec. (b)(4). Pub. L. 102-325, Sec. 405(a)(1)(B), inserted
comma after ''concerning'' and after ''obtaining''.
Subsec. (c). Pub. L. 102-325, Sec. 405(a)(2), (b), designated
existing provisions as par. (1), redesignated former par. (1) as
subpar. (A) and amended it generally, redesignated par. (2) and its
subpars. (A) to (E) as subpar. (B) and cls. (i) to (v),
respectively, redesignated par. (3) and its subpars. (A) to (H) as
subpar. (C) and cls. (i) to (viii), respectively, redesignated
pars. (4) to (6) as subpars. (D) to (F), respectively, and added
par. (2). Prior to amendment, par. (1) read as follows: ''outreach
and recruitment services to reach persons who themselves or whose
parents have spent a minimum of 75 days during the past 24 months
in migrant and seasonal farmwork, and who meet the minimum
qualifications for attendance at a college or university;''.
Subsec. (e). Pub. L. 102-325, Sec. 405(c), substituted
''Five-year'' for ''Three-year'' in heading and ''5-year'' for
''3-year'' in text.
Subsec. (g). Pub. L. 102-325, Sec. 405(d), amended subsec. (g)
generally, substituting present provisions for former provisions
which authorized appropriations for fiscal years 1987 through 1991.
1987 - Subsec. (g). Pub. L. 100-50 amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows:
''There is authorized to be appropriated for this part $9,000,000
for fiscal year 1987, and such sums as may be necessary for the 4
succeeding fiscal years.''
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendment by section 101(f) (title VIII, Sec. 405(d)(15)(A)) of
Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
101(f) (title VIII, Sec. 405(f)(12)(A)) of Pub. L. 105-277
effective July 1, 2000, see section 101(f) (title VIII, Sec.
405(g)(1), (2)(B)) of Pub. L. 105-277, set out as a note under
section 3502 of Title 5, Government Organization and Employees.
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.
-CITE-
20 USC subpart 6 - robert c. byrd honors scholarship
program 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
.
-HEAD-
subpart 6 - robert c. byrd honors scholarship program
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in section 1070 of this title.
-CITE-
20 USC Sec. 1070d-31 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-31. Statement of purpose
-STATUTE-
It is the purpose of this subpart to establish a Robert C. Byrd
Honors Scholarship Program to promote student excellence and
achievement and to recognize exceptionally able students who show
promise of continued excellence.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419A, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1343.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070d-31, Pub. L. 89-329, title IV, Sec. 419A, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2900; amended Pub. L. 99-145, title XVI, Sec. 1627(a), Nov.
8, 1985, 99 Stat. 779, provided statement of purpose for Robert C.
Byrd Honors Scholarship Program, prior to the general revision of
this part by Pub. L. 99-498.
-CITE-
20 USC Sec. 1070d-32 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-32. Repealed. Pub. L. 102-325, title IV, Sec. 406(a),
July 23, 1992, 106 Stat. 508
-MISC1-
Section, Pub. L. 89-329, title IV, Sec. 419B, as added Pub. L.
99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1343,
defined terms used in this subpart.
A prior section 1070d-32, Pub. L. 89-329, title IV, Sec. 419B, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2900, defined terms used in this subpart, prior to the
general revision of this part by Pub. L. 99-498.
-CITE-
20 USC Sec. 1070d-33 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-33. Scholarships authorized
-STATUTE-
(a) Program authority
The Secretary is authorized, in accordance with the provisions of
this subpart, to make grants to States to enable the States to
award scholarships to individuals who have demonstrated outstanding
academic achievement and who show promise of continued academic
achievement.
(b) Period of award
Scholarships under this section shall be awarded for a period of
not less than 1 or more than 4 years during the first 4 years of
study at any institution of higher education eligible to
participate in any programs assisted under this subchapter and part
C of subchapter I of chapter 34 of title 42. The State educational
agency administering the program in a State shall have discretion
to determine the period of the award (within the limits specified
in the preceding sentence), except that -
(1) if the amount appropriated for this subpart for any fiscal
year exceeds the amount appropriated for this subpart for fiscal
year 1993, the Secretary shall identify to each State educational
agency the number of scholarships available to that State under
section 1070d-34(b) of this title that are attributable to such
excess;
(2) the State educational agency shall award not less than that
number of scholarships for a period of 4 years.
(c) Use at any institution permitted
A student awarded a scholarship under this subpart may attend any
institution of higher education.
(d) Byrd Scholars
Individuals awarded scholarships under this subpart shall be
known as ''Byrd Scholars''.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419C, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub.
L. 102-325, title IV, Sec. 406(b), July 23, 1992, 106 Stat. 508;
Pub. L. 103-208, Sec. 2(b)(28), Dec. 20, 1993, 107 Stat. 2459.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070d-33, Pub. L. 89-329, title IV, Sec. 419C, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2900; amended Pub. L. 99-145, title XVI, Sec. 1627(b), Nov.
8, 1985, 99 Stat. 779, authorized the award of scholarships under
Robert C. Byrd Honors Scholarship Program, prior to the general
revision of this part by Pub. L. 99-498.
AMENDMENTS
1993 - Subsec. (b). Pub. L. 103-208 substituted ''for a period of
not less than 1 or more than 4 years during the first 4 years of
study'' for ''for a period of not more than 4 years for the first 4
years of study'' and inserted at end ''The State educational agency
administering the program in a State shall have discretion to
determine the period of the award (within the limits specified in
the preceding sentence), except that -
''(1) if the amount appropriated for this subpart for any
fiscal year exceeds the amount appropriated for this subpart for
fiscal year 1993, the Secretary shall identify to each State
educational agency the number of scholarships available to that
State under section 1070d-34(b) of this title that are
attributable to such excess;
''(2) the State educational agency shall award not less than
that number of scholarships for a period of 4 years.''
1992 - Subsec. (b). Pub. L. 102-325 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
''Scholarships under this section shall be awarded for a period of
one academic year for the first year of study at an institution of
higher education.''
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-208 effective on and after Dec. 20,
1993, see section 5(b)(2) of Pub. L. 103-208, set out as a note
under section 1051 of this title.
-CITE-
20 USC Sec. 1070d-34 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-34. Allocation among States
-STATUTE-
(a) Allocation formula
From the sums appropriated pursuant to the authority of section
1070d-41 of this title for any fiscal year, the Secretary shall
allocate to each State that has an agreement under section 1070d-35
of this title an amount equal to $1,500 multiplied by the number of
scholarships determined by the Secretary to be available to such
State in accordance with subsection (b) of this section.
(b) Number of scholarships available
The number of scholarships to be made available in a State for
any fiscal year shall bear the same ratio to the number of
scholarships made available to all States as the State's population
ages 5 through 17 bears to the population ages 5 through 17 in all
the States, except that not less than 10 scholarships shall be made
available to any State.
(c) Use of census data
For the purpose of this section, the population ages 5 through 17
in a State and in all the States shall be determined by the most
recently available data, satisfactory to the Secretary, from the
Bureau of the Census.
(d) Consolidation by Insular Areas prohibited
Notwithstanding section 1469a of title 48, (FOOTNOTE 1) funds
allocated under this part to an Insular Area described in that
section shall be deemed to be direct payments to classes of
individuals, and the Insular Area may not consolidate such funds
with other funds received by the Insular Area from any department
or agency of the United States Government.
(FOOTNOTE 1) See References in Text note below.
(e) FAS eligibility
(1) Fiscal years 2000 through 2004
Notwithstanding any other provision of this subpart, in the
case of students from the Freely Associated States who may be
selected to receive a scholarship under this subpart for the
first time for any of the fiscal years 2000 through 2004 -
(A) there shall be 10 scholarships in the aggregate awarded
to such students for each of the fiscal years 2000 through
2004; and
(B) the Pacific Regional Educational Laboratory shall
administer the program under this subpart in the case of
scholarships for students in the Freely Associated States.
(2) Termination of eligibility
A student from the Freely Associated States shall not be
eligible to receive a scholarship under this subpart after
September 30, 2004.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419D, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub.
L. 102-325, title IV, Sec. 406(c), July 23, 1992, 106 Stat. 509;
Pub. L. 103-208, Sec. 2(b)(29), Dec. 20, 1993, 107 Stat. 2459; Pub.
L. 105-244, title IV, Sec. 409(a), Oct. 7, 1998, 112 Stat. 1668.)
-REFTEXT-
REFERENCES IN TEXT
Section 1469a of title 48, referred to in text, was in the
original ''section 501 of Public Law 95-1134 (48 U.S.C. 1469a)''
and was translated as reading ''section 501 of Public Law 95-134''
to reflect the probable intent of Congress.
-MISC2-
PRIOR PROVISIONS
A prior section 1070d-34, Pub. L. 89-329, title IV, Sec. 419D, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2901, related to allocation among States of amounts for
Robert C. Byrd Honors Scholarship Program, prior to the general
revision of this part by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (e). Pub. L. 105-244 added subsec. (e).
1993 - Subsec. (d). Pub. L. 103-208 added subsec. (d).
1992 - Pub. L. 102-325 amended section generally. Prior to
amendment, section read as follows: ''From the sums appropriated
pursuant to section 1070d-41 of this title for any fiscal year, the
Secretary shall allocate to each State having an agreement under
section 1070d-35 of this title -
''(1) $1,500 multiplied by the number of individuals in the
State eligible for scholarships pursuant to section 1070d-37(b)
of this title, plus
''(2) $10,000, plus 5 percent of the amount to which a State is
eligible under paragraph (1) of this section.''
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 on and after Oct. 1, 1993,
see section 5(b)(1) of Pub. L. 103-208, set out as a note under
section 1051 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070d-33 of this title.
-CITE-
20 USC Sec. 1070d-35 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-35. Agreements
-STATUTE-
The Secretary shall enter into an agreement with each State
desiring to participate in the scholarship program authorized by
this subpart. Each such agreement shall include provisions
designed to assure that -
(1) the State educational agency will administer the
scholarship program authorized by this subpart in the State;
(2) the State educational agency will comply with the
eligibility and selection provisions of this subpart;
(3) the State educational agency will conduct outreach
activities to publicize the availability of scholarships under
this subpart to all eligible students in the State, with
particular emphasis on activities designed to assure that
students from low-income and moderate-income families have access
to the information on the opportunity for full participation in
the scholarship program authorized by this subpart; and
(4) the State educational agency will pay to each individual in
the State who is awarded a scholarship under this subpart $1,500.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419E, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344; amended Pub.
L. 102-325, title IV, Sec. 406(g)(2), (3), July 23, 1992, 106 Stat.
509.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070d-35, Pub. L. 89-329, title IV, Sec. 419E, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2901; amended Pub. L. 99-145, title XVI, Sec. 1627(c), Nov.
8, 1985, 99 Stat. 779, related to agreements with States for
participation in the Robert C. Byrd Honors Scholarship Program,
prior to the general revision of this part by Pub. L. 99-498.
AMENDMENTS
1992 - Par. (3). Pub. L. 102-325, Sec. 406(g)(2)(A), inserted
''and'' after semicolon.
Par. (4). Pub. L. 102-325, Sec. 406(g)(2)(B), substituted
''$1,500.'' for ''$1,500 at an awards ceremony in accordance with
section 1070d-39 of this title; and''.
Par. (5). Pub. L. 102-325, Sec. 406(g)(3), which directed that
par. (5) be struck out without specifying the section to which the
amendment applied, was executed by striking out par. (5) of this
section to reflect the probable intent of Congress. Prior to
amendment, par. (5) read as follows: ''the State educational agency
will use the amount of the allocation described in paragraph (2) of
section 1070d-34 of this title for administrative expenses,
including the conduct of the awards ceremony required by section
1070d-39 of this title.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070d-34 of this title.
-CITE-
20 USC Sec. 1070d-36 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-36. Eligibility of scholars
-STATUTE-
(a) High school graduation or equivalent and admission to
institution required
Each student awarded a scholarship under this subpart shall be a
graduate of a public or private secondary school or have the
equivalent of a certificate of graduation as recognized by the
State in which the student resides and must have been admitted for
enrollment at an institution of higher education.
(b) Selection based on promise of academic achievement
Each student awarded a scholarship under this subpart must
demonstrate outstanding academic achievement and show promise of
continued academic achievement.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419F, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070d-36, Pub. L. 89-329, title IV, Sec. 419F, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2901, related to eligibility of students for scholarships
under Robert C. Byrd Honors Scholarship Program, prior to the
general revision of this part by Pub. L. 99-498.
-CITE-
20 USC Sec. 1070d-37 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-37. Selection of scholars
-STATUTE-
(a) Establishment of criteria
The State educational agency is authorized to establish the
criteria for the selection of scholars under this subpart.
(b) Adoption of procedures
The State educational agency shall adopt selection procedures
designed to ensure an equitable geographic distribution of awards
within the State (and in the case of the Federated States of
Micronesia, the Republic of the Marshall Islands, the Virgin
Islands, American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, or Palau (until such time as the Compact of Free
Association is ratified), not to exceed 10 individuals will be
selected from such entities).
(c) Consultation requirement
In carrying out its responsibilities under subsections (a) and
(b) of this section, the State educational agency shall consult
with school administrators, school boards, teachers, counselors,
and parents.
(d) Timing of selection
The selection process shall be completed, and the awards made,
prior to the end of each secondary school academic year.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419G, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub.
L. 102-325, title IV, Sec. 406(d), July 23, 1992, 106 Stat. 509;
Pub. L. 103-208, Sec. 2(b)(30), Dec. 20, 1993, 107 Stat. 2460.)
-REFTEXT-
REFERENCES IN TEXT
For ratification of Compact of Free Association with the Republic
of Palau, referred to in subsec. (b), see Proc. No. 6726, Sept. 27,
1994, 59 F.R. 49777, set out as a note under section 1931 of Title
48, Territories and Insular Possessions.
-MISC2-
PRIOR PROVISIONS
A prior section 1070d-37, Pub. L. 89-329, title IV, Sec. 419G, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2901, related to selection of merit scholars under Robert C.
Byrd Honors Scholarship Program, prior to the general revision of
this part by Pub. L. 99-498.
AMENDMENTS
1993 - Subsec. (b). Pub. L. 103-208 substituted ''the Federated
States of Micronesia, the Republic of the Marshall Islands,'' for
''the District of Columbia, the Commonwealth of Puerto Rico,''.
1992 - Subsec. (b). Pub. L. 102-325, Sec. 406(d)(1), amended
subsec. (b) generally. Prior to amendment, subsec. (b) read as
follows: ''The State educational agency shall adopt selection
procedures which are designed to assure that 10 individuals will be
selected from among residents of each congressional district in a
State (and in the case of the District of Columbia and the
Commonwealth of Puerto Rico not to exceed 10 individuals will be
selected in such District or Commonwealth).''
Subsec. (d). Pub. L. 102-325, Sec. 406(d)(2), added subsec. (d).
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-208 effective as if included in the
Higher Education Amendments of 1992, Pub. L. 102-325, except as
otherwise provided, see section 5(a) of Pub. L. 103-208, set out as
a note under section 1051 of this title.
-CITE-
20 USC Sec. 1070d-38 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-38. Stipends and scholarship conditions
-STATUTE-
(a) Amount of award
Each student awarded a scholarship under this subpart shall
receive a stipend of $1,500 for the academic year of study for
which the scholarship is awarded, except that in no case shall the
total amount of financial aid awarded to such student exceed such
student's total cost-of-attendance.
(b) Use of award
The State educational agency shall establish procedures to assure
that a scholar awarded a scholarship under this subpart pursues a
course of study at an institution of higher education.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419H, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub.
L. 102-325, title IV, Sec. 406(e), July 23, 1992, 106 Stat. 509.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070d-38, Pub. L. 89-329, title IV, Sec. 419H, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2902, related to stipends and scholarship conditions for
students receiving scholarships under Robert C. Byrd Honors
Scholarship Program, prior to the general revision of this part by
Pub. L. 99-498.
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-325 inserted before period at end
'', except that in no case shall the total amount of financial aid
awarded to such student exceed such student's total
cost-of-attendance''.
-CITE-
20 USC Sec. 1070d-39 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-39. Repealed. Pub. L. 102-325, title IV, Sec. 406(g)(1),
July 23, 1992, 106 Stat. 509
-MISC1-
Section, Pub. L. 89-329, title IV, Sec. 419I, as added Pub. L.
99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345,
related to awards ceremony.
A prior section 1070d-39, Pub. L. 89-329, title IV, Sec. 419I, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2902, related to ceremony for awarding scholarships under
Robert C. Byrd Honors Scholarship Program, prior to the general
revision of this part by Pub. L. 99-498.
-CITE-
20 USC Sec. 1070d-40 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-40. Construction of needs provisions
-STATUTE-
Except as provided in section 1087kk of this title, nothing in
this subpart, or any other Act, shall be construed to permit the
receipt of a scholarship under this subpart to be counted for any
needs test in connection with the awarding of any grant or the
making of any loan under this chapter or any other provision of
Federal law relating to educational assistance.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419J, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345; amended Pub.
L. 102-325, title IV, Sec. 406(f), July 23, 1992, 106 Stat. 509.)
-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
A prior section 1070d-40, Pub. L. 89-329, title IV, Sec. 419J, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2902, provided that receipt of scholarship under Robert C.
Byrd Honors Scholarship Program not be counted for needs test for
education grant or loan, prior to the general revision of this part
by Pub. L. 99-498.
AMENDMENTS
1992 - Pub. L. 102-325 substituted ''Except as provided in
section 1087kk of this title, nothing'' for ''Nothing''.
-CITE-
20 USC Sec. 1070d-41 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 6 - robert c. byrd honors scholarship program
-HEAD-
Sec. 1070d-41. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated for this subpart
$45,000,000 for fiscal year 1999 and such sums as may be necessary
for each of the 4 succeeding fiscal years.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419K, as added Pub. L. 99-498,
title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1346; amended Pub.
L. 102-325, title IV, Sec. 406(h), July 23, 1992, 106 Stat. 509;
Pub. L. 105-244, title IV, Sec. 409(b), Oct. 7, 1998, 112 Stat.
1668.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070d-41, Pub. L. 89-329, title IV, Sec. 419K, as
added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98
Stat. 2902, authorized appropriations for fiscal years 1986 to 1988
to carry out Robert C. Byrd Honors Scholarship Program, prior to
the general revision of this part by Pub. L. 99-498.
AMENDMENTS
1998 - Pub. L. 105-244 substituted ''$45,000,000 for fiscal year
1999'' for ''$10,000,000 for fiscal year 1993''.
1992 - Pub. L. 102-325 amended section generally. Prior to
amendment, section read as follows: ''There are authorized to be
appropriated for this subpart $8,000,000 for fiscal year 1987, and
such sums as may be necessary for the 4 succeeding fiscal years.''
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070d-34 of this title.
-CITE-
20 USC subpart 7 - child care access means parents in
school 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 7 - child care access means parents in school
.
-HEAD-
subpart 7 - child care access means parents in school
-MISC1-
PRIOR PROVISIONS
A prior subpart 7, consisted of sections 1070e and 1070e-1 and
related to assistance to institutions of higher education, prior to
the repeal of sections 1070e and 1070e-1 by Pub. L. 102-325, title
IV, Sec. 407, 408, July 23, 1992, 106 Stat. 510.
-CITE-
20 USC Sec. 1070e 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 7 - child care access means parents in school
-HEAD-
Sec. 1070e. Child care access means parents in school
-STATUTE-
(a) Purpose
The purpose of this section is to support the participation of
low-income parents in postsecondary education through the provision
of campus-based child care services.
(b) Program authorized
(1) Authority
The Secretary may award grants to institutions of higher
education to assist the institutions in providing campus-based
child care services to low-income students.
(2) Amount of grants
(A) In general
The amount of a grant awarded to an institution of higher
education under this section for a fiscal year shall not exceed
1 percent of the total amount of all Federal Pell Grant funds
awarded to students enrolled at the institution of higher
education for the preceding fiscal year.
(B) Minimum
A grant under this section shall be awarded in an amount that
is not less than $10,000.
(3) Duration; renewal; and payments
(A) Duration
The Secretary shall award a grant under this section for a
period of 4 years.
(B) Payments
Subject to subsection (e)(2) of this section, the Secretary
shall make annual grant payments under this section.
(4) Eligible institutions
An institution of higher education shall be eligible to receive
a grant under this section for a fiscal year if the total amount
of all Federal Pell Grant funds awarded to students enrolled at
the institution of higher education for the preceding fiscal year
equals or exceeds $350,000.
(5) Use of funds
Grant funds under this section shall be used by an institution
of higher education to support or establish a campus-based child
care program primarily serving the needs of low-income students
enrolled at the institution of higher education. Grant funds
under this section may be used to provide before and after school
services to the extent necessary to enable low-income students
enrolled at the institution of higher education to pursue
postsecondary education.
(6) Construction
Nothing in this section shall be construed to prohibit an
institution of higher education that receives grant funds under
this section from serving the child care needs of the community
served by the institution.
(7) Definition of low-income student
For the purpose of this section, the term ''low-income
student'' means a student who is eligible to receive a Federal
Pell Grant for the fiscal year for which the determination is
made.
(c) Applications
An institution of higher education 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 application shall -
(1) demonstrate that the institution is an eligible institution
described in subsection (b)(4) of this section;
(2) specify the amount of funds requested;
(3) demonstrate the need of low-income students at the
institution for campus-based child care services by including in
the application -
(A) information regarding student demographics;
(B) an assessment of child care capacity on or near campus;
(C) information regarding the existence of waiting lists for
existing child care;
(D) information regarding additional needs created by
concentrations of poverty or by geographic isolation; and
(E) other relevant data;
(4) contain a description of the activities to be assisted,
including whether the grant funds will support an existing child
care program or a new child care program;
(5) identify the resources, including technical expertise and
financial support, the institution will draw upon to support the
child care program and the participation of low-income students
in the program, such as accessing social services funding, using
student activity fees to help pay the costs of child care, using
resources obtained by meeting the needs of parents who are not
low-income students, and accessing foundation, corporate or other
institutional support, and demonstrate that the use of the
resources will not result in increases in student tuition;
(6) contain an assurance that the institution will meet the
child care needs of low-income students through the provision of
services, or through a contract for the provision of services;
(7) describe the extent to which the child care program will
coordinate with the institution's early childhood education
curriculum, to the extent the curriculum is available, to meet
the needs of the students in the early childhood education
program at the institution, and the needs of the parents and
children participating in the child care program assisted under
this section;
(8) in the case of an institution seeking assistance for a new
child care program -
(A) provide a timeline, covering the period from receipt of
the grant through the provision of the child care services,
delineating the specific steps the institution will take to
achieve the goal of providing low-income students with child
care services;
(B) specify any measures the institution will take to assist
low-income students with child care during the period before
the institution provides child care services; and
(C) include a plan for identifying resources needed for the
child care services, including space in which to provide child
care services, and technical assistance if necessary;
(9) contain an assurance that any child care facility assisted
under this section will meet the applicable State or local
government licensing, certification, approval, or registration
requirements; and
(10) contain a plan for any child care facility assisted under
this section to become accredited within 3 years of the date the
institution first receives assistance under this section.
(d) Priority
The Secretary shall give priority in awarding grants under this
section to institutions of higher education that submit
applications describing programs that -
(1) leverage significant local or institutional resources,
including in-kind contributions, to support the activities
assisted under this section; and
(2) utilize a sliding fee scale for child care services
provided under this section in order to support a high number of
low-income parents pursuing postsecondary education at the
institution.
(e) Reporting requirements; continuing eligibility
(1) Reporting requirements
(A) Reports
Each institution of higher education receiving a grant under
this section shall report to the Secretary 18 months, and 36
months, after receiving the first grant payment under this
section.
(B) Contents
The report shall include -
(i) data on the population served under this section;
(ii) information on campus and community resources and
funding used to help low-income students access child care
services;
(iii) information on progress made toward accreditation of
any child care facility; and
(iv) information on the impact of the grant on the quality,
availability, and affordability of campus-based child care
services.
(2) Continuing eligibility
The Secretary shall make the third annual grant payment under
this section to an institution of higher education only if the
Secretary determines, on the basis of the 18-month report
submitted under paragraph (1), that the institution is making a
good faith effort to ensure that low-income students at the
institution have access to affordable, quality child care
services.
(f) Construction
No funds provided under this section shall be used for
construction, except for minor renovation or repair to meet
applicable State or local health or safety requirements.
(g) Authorization of appropriations
There are authorized to be appropriated to carry out this section
$45,000,000 for fiscal year 1999 and such sums as may be necessary
for each of the 4 succeeding fiscal years.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 419N, as added Pub. L. 105-244,
title IV, Sec. 410, Oct. 7, 1998, 112 Stat. 1668.)
-MISC1-
PRIOR PROVISIONS
A prior section 1070e, Pub. L. 89-329, title IV, Sec. 420, as
added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100
Stat. 1346, related to payments to institutions of higher
education, prior to repeal by Pub. L. 102-325, title IV, Sec. 407,
July 23, 1992, 106 Stat. 510.
Another prior section 1070e, Pub. L. 89-329, title IV, Sec. 420,
formerly Sec. 419, as added Pub. L. 92-318, title X, Sec. 1001(a),
June 23, 1972, 86 Stat. 375; amended Pub. L. 96-374, title XIII,
Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503; renumbered Pub. L.
98-558, title VIII, Sec. 801(b)(1), Oct. 30, 1984, 98 Stat. 2902,
related to payments to institutions of higher education, prior to
the general amendment of this part by Pub. L. 99-498.
A prior section 1070e-1, Pub. L. 89-329, title IV, Sec. 420A, as
added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100
Stat. 1348; amended Pub. L. 100-50, Sec. 8, June 3, 1987, 101 Stat.
341; Pub. L. 102-54, Sec. 13(g)(2), June 13, 1991, 105 Stat. 275;
Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, related
to veterans education outreach program, prior to repeal by Pub. L.
102-325, title IV, Sec. 408, July 23, 1992, 106 Stat. 510.
Another prior section 1070e-1, Pub. L. 89-329, title IV, Sec.
420A, formerly Sec. 420, as added Pub. L. 92-318, title X, Sec.
1001(a), June 23, 1972, 86 Stat. 378; amended Pub. L. 93-380, title
VIII, Sec. 834(a), Aug. 21, 1974, 88 Stat. 604; Pub. L. 94-482,
title I, Sec. 126(a)-(c), Oct. 12, 1976, 90 Stat. 2098; Pub. L.
95-336, Sec. 6(a), Aug. 4, 1978, 92 Stat. 453; Pub. L. 96-49, Sec.
5(a)(7), Aug. 13, 1979, 93 Stat. 352; Pub. L. 96-374, title IV,
Sec. 407, Oct. 3, 1980, 94 Stat. 1412; Pub. L. 97-300, title I,
Sec. 183, Oct. 13, 1982, 96 Stat. 1357; renumbered Sec. 420A, Pub.
L. 98-558, title VIII, Sec. 801(b)(2), Oct. 30, 1984, 98 Stat.
2902, related to veterans' cost-of-instruction payments to
institutions of higher education, prior to the general amendment of
this part by Pub. L. 99-498.
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC subpart 8 - learning anytime anywhere partnerships 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
.
-HEAD-
subpart 8 - learning anytime anywhere partnerships
-COD-
CODIFICATION
Subpart 8 of part A of title IV of the Higher Education Act of
1965, comprising this subpart, was originally added to Pub. L.
89-329, title IV, by Pub. L. 99-498, title IV, Sec. 401(a), Oct.
17, 1986, 100 Stat. 1352, and amended by Pub. L. 100-50, June 3,
1987, 101 Stat. 335; Pub. L. 102-325, July 23, 1992, 106 Stat. 448.
Subpart 8 is shown herein, however, as having been added by Pub. L.
105-244, title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1671, without
reference to those intervening amendments because of the extensive
revision of subpart 8 by Pub. L. 105-244.
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in section 1070 of this title.
-CITE-
20 USC Sec. 1070f 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
-HEAD-
Sec. 1070f. Findings
-STATUTE-
Congress makes the following findings:
(1) The nature of postsecondary education delivery is changing,
and new technology and other related innovations can provide
promising education opportunities for individuals who are
currently not being served, particularly for individuals without
easy access to traditional campus-based postsecondary education
or for whom traditional courses are a poor match with education
or training needs.
(2) Individuals, including individuals seeking basic or
technical skills or their first postsecondary experience,
individuals with disabilities, dislocated workers, individuals
making the transition from welfare-to-work, and individuals who
are limited by time and place constraints can benefit from
nontraditional, noncampus-based postsecondary education
opportunities and appropriate support services.
(3) The need for high-quality, nontraditional, technology-based
education opportunities is great, as is the need for skill
competency credentials and other measures of educational progress
and attainment that are valid and widely accepted, but neither
need is likely to be adequately addressed by the uncoordinated
efforts of agencies and institutions acting independently and
without assistance.
(4) Partnerships, consisting of institutions of higher
education, community organizations, or other public or private
agencies or organizations, can coordinate and combine
institutional resources -
(A) to provide the needed variety of education options to
students; and
(B) to develop new means of ensuring accountability and
quality for innovative education methods.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 420D, as added Pub. L. 105-244,
title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1671.)
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 amended section 1071 of
this title.
-MISC3-
PRIOR PROVISIONS
A prior section 1070f, Pub. L. 89-329, title IV, Sec. 420B, as
added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100
Stat. 1352; amended Pub. L. 100-50, Sec. 9, June 3, 1987, 101 Stat.
341; Pub. L. 102-325, title IV, Sec. 409, July 23, 1992, 106 Stat.
510, related to special child care services for disadvantaged
college students, prior to the general amendment of this subpart by
Pub. L. 105-244.
EFFECTIVE DATE
Subpart effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-CITE-
20 USC Sec. 1070f-1 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
-HEAD-
Sec. 1070f-1. Purpose; program authorized
-STATUTE-
(a) Purpose
It is the purpose of this subpart to enhance the delivery,
quality, and accountability of postsecondary education and
career-oriented lifelong learning through technology and related
innovations.
(b) Program authorized
(1) Grants
(A) In general
The Secretary may, from funds appropriated under section
1070f-6 of this title make grants to, or enter into contracts
or cooperative agreements with, eligible partnerships to carry
out the authorized activities described in section 1070f-3 of
this title.
(B) Duration
Grants under this subpart shall be awarded for periods that
do not exceed 5 years.
(2) Definition of eligible partnership
For purposes of this subpart, the term ''eligible partnership''
means a partnership consisting of 2 or more independent agencies,
organizations, or institutions. The agencies, organizations, or
institutions may include institutions of higher education,
community organizations, and other public and private
institutions, agencies, and organizations.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 420E, as added Pub. L. 105-244,
title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1672.)
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 amended section 1071 of
this title.
-CITE-
20 USC Sec. 1070f-2 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
-HEAD-
Sec. 1070f-2. Application
-STATUTE-
(a) Requirement
An eligible partnership desiring to receive a grant under this
subpart shall submit an application to the Secretary, in such form
and containing such information, as the Secretary may require.
(b) Contents
Each application shall include -
(1) the name of each partner and a description of the
responsibilities of the partner, including the designation of a
nonprofit organization as the fiscal agent for the partnership;
(2) a description of the need for the project, including a
description of how the project will build on any existing
services and activities;
(3) a listing of human, financial (other than funds provided
under this subpart), and other resources that each member of the
partnership will contribute to the partnership, and a description
of the efforts each member of the partnership will make in
seeking additional resources; and
(4) a description of how the project will operate, including
how funds awarded under this subpart will be used to meet the
purpose of this subpart.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 420F, as added Pub. L. 105-244,
title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1672.)
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 amended section 1071 of
this title.
-CITE-
20 USC Sec. 1070f-3 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
-HEAD-
Sec. 1070f-3. Authorized activities
-STATUTE-
Funds awarded to an eligible partnership under this subpart shall
be used to -
(1) develop and assess model distance learning programs or
innovative educational software;
(2) develop methodologies for the identification and
measurement of skill competencies;
(3) develop and assess innovative student support services; or
(4) support other activities that are consistent with the
purpose of this subpart.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 420G, as added Pub. L. 105-244,
title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1672.)
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 amended section 1071 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070f-1 of this title.
-CITE-
20 USC Sec. 1070f-4 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
-HEAD-
Sec. 1070f-4. Matching requirement
-STATUTE-
Federal funds shall provide not more than 50 percent of the cost
of a project under this subpart. The non-Federal share of project
costs may be in cash or in kind, fairly evaluated, including
services, supplies, or equipment.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 420H, as added Pub. L. 105-244,
title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1673.)
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 amended section 1071 of
this title.
-CITE-
20 USC Sec. 1070f-5 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
-HEAD-
Sec. 1070f-5. Peer review
-STATUTE-
The Secretary shall use a peer review process to review
applications under this subpart and to make recommendations for
funding under this subpart to the Secretary.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 420I, as added Pub. L. 105-244,
title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1673.)
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 amended section 1071 of
this title.
-CITE-
20 USC Sec. 1070f-6 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part A - Grants to Students in Attendance at Institutions of Higher
Education
subpart 8 - learning anytime anywhere partnerships
-HEAD-
Sec. 1070f-6. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to carry out this subpart
$10,000,000 for fiscal year 1999 and such sums as may be necessary
for each of the 4 succeeding fiscal years.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 420J, as added Pub. L. 105-244,
title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1673.)
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 amended section 1071 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1070f-1 of this title.
-CITE-
20 USC Part B - Federal Family Education Loan Program 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part B - Federal Family Education Loan Program
.
-HEAD-
Part B - Federal Family Education Loan Program
-COD-
CODIFICATION
Part B of title IV of the Higher Education Act of 1965,
comprising this part, was originally enacted by Pub. L. 89-329,
title IV, Nov. 8, 1965, 79 Stat. 1236, and amended by Pub. L.
89-698, Oct. 29, 1966, 80 Stat. 1066; Pub. L. 89-752, Nov. 3, 1966,
80 Stat. 1240; Pub. L. 89-794, Nov. 8, 1966, 80 Stat. 1451; Pub. L.
90-460, Aug. 3, 1968, 82 Stat. 634; Pub. L. 90-575, Oct. 16, 1968,
82 Stat. 1014; Pub. L. 91-206, Mar. 10, 1970, 84 Stat. 49; Pub. L.
92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-269, Apr. 18, 1974,
88 Stat. 87; Pub. L. 93-604, Jan. 2, 1975, 88 Stat. 1959; Pub. L.
94-273, Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-328, June 30, 1976,
90 Stat. 727; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; S. Res.
4, Feb. 4, 1977; Pub. L. 95-43, June 15, 1977, 91 Stat. 213; Pub.
L. 95-561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 95-566, Nov. 1,
1978, 92 Stat. 2402; Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2549;
Pub. L. 95-630, Nov. 10, 1978, 92 Stat. 3641; S. Res. 30, Mar. 7,
1979; Pub. L. 96-49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96-88,
Oct. 17, 1979, 93 Stat. 668; Pub. L. 96-374, Oct. 3, 1980, 94 Stat.
1367; Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97-115,
Dec. 29, 1981, 95 Stat. 1595; Pub. L. 97-301, Oct. 13, 1982, 96
Stat. 1400; Pub. L. 98-79, Aug. 15, 1983, 97 Stat. 476; Pub. L.
99-272, Apr. 7, 1986, 100 Stat. 82; Pub. L. 99-320, May 23, 1986,
100 Stat. 491. Such part is shown herein, however, as having been
added by Pub. L. 99-498, title IV, Sec. 402(a), Oct. 17, 1986, 100
Stat. 1353, without reference to such intervening amendments
because of the extensive revision of part B by Pub. L. 99-498.
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 1002, 1070a, 1085, 1087-0,
1087d, 1087e, 1087h, 1087tt, 1088, 1090, 1091, 1091a, 1091b, 1092,
1092b, 1092c, 1094, 1095a, 1097, 1098c, 1099c, 1099c-1, 2373 of
this title; title 2 sections 60c-5, 906; title 5 section 5379;
title 10 sections 2171, 2174, 16301, 16302; title 11 section 525;
title 26 sections 144, 6103; title 38 section 3698; title 42
sections 292a, 653, 4953.
-CITE-
20 USC Sec. 1071 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part B - Federal Family Education Loan Program
-HEAD-
Sec. 1071. Statement of purpose; nondiscrimination; and
appropriations authorized
-STATUTE-
(a) Purpose; discrimination prohibited
(1) Purpose
The purpose of this part is to enable the Secretary -
(A) to encourage States and nonprofit private institutions
and organizations to establish adequate loan insurance programs
for students in eligible institutions (as defined in section
1085 of this title),
(B) to provide a Federal program of student loan insurance
for students or lenders who do not have reasonable access to a
State or private nonprofit program of student loan insurance
covered by an agreement under section 1078(b) of this title,
(C) to pay a portion of the interest on loans to qualified
students which are insured under this part, and
(D) to guarantee a portion of each loan insured under a
program of a State or of a nonprofit private institution or
organization which meets the requirements of section
1078(a)(1)(B) of this title.
(2) Discrimination by creditors prohibited
No agency, organization, institution, bank, credit union,
corporation, or other lender who regularly extends, renews, or
continues credit or provides insurance under this part shall
exclude from receipt or deny the benefits of, or discriminate
against any borrower or applicant in obtaining, such credit or
insurance on the basis of race, national origin, religion, sex,
marital status, age, or handicapped status.
(b) Authorization of appropriations
For the purpose of carrying out this part -
(1) there are authorized to be appropriated to the student loan
insurance fund (established by section 1081 of this title) (A)
the sum of $1,000,000, and (B) such further sums, if any, as may
become necessary for the adequacy of the student loan insurance
fund,
(2) there are authorized to be appropriated, for payments under
section 1078 of this title with respect to interest on student
loans and for payments under section 1087 of this title, such
sums for the fiscal year ending June 30, 1966, and succeeding
fiscal years, as may be required therefor,
(3) there is authorized to be appropriated the sum of
$17,500,000 for making advances pursuant to section 1072 of this
title for the reserve funds of State and nonprofit private
student loan insurance programs,
(4) there are authorized to be appropriated (A) the sum of
$12,500,000 for making advances after June 30, 1968, pursuant to
sections 1072(a) and (b) of this title, and (B) such sums as may
be necessary for making advances pursuant to section 1072(c) of
this title, for the reserve funds of State and nonprofit private
student loan insurance programs, and
(5) there are authorized to be appropriated such sums as may be
necessary for the purpose of paying an administrative cost
allowance in accordance with section 1078(f) of this title to
guaranty agencies.
Sums appropriated under paragraphs (1), (2), (4), and (5) of this
subsection shall remain available until expended. No additional
sums are authorized to be appropriated under paragraph (3) or (4)
of this subsection by reason of the reenactment of such paragraphs
by the Higher Education Amendments of 1986.
(c) Designation
The program established under this part shall be referred to as
the ''Robert T. Stafford Federal Student Loan Program''. Loans made
pursuant to sections 1077 and 1078 of this title shall be known as
''Federal Stafford Loans''.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 421, as added Pub. L. 99-498, title
IV, Sec. 402(a), Oct. 17, 1986, 100 Stat. 1353; amended Pub. L.
100-297, title II, Sec. 2601(a), Apr. 28, 1988, 102 Stat. 330; Pub.
L. 100-369, Sec. 8, July 18, 1988, 102 Stat. 837; Pub. L. 102-325,
title IV, Sec. 411(a)(2), (c), July 23, 1992, 106 Stat. 510, 511;
Pub. L. 105-244, title IV, Sec. 411, Oct. 7, 1998, 112 Stat. 1673.)
-REFTEXT-
REFERENCES IN TEXT
The Higher Education Amendments of 1986, referred to in subsec.
(b), is Pub. L. 99-498, Oct. 17, 1986, 100 Stat. 1268. For complete
classification of this Act to the Code, see Short Title note set
out under section 1001 of this title and Tables.
-COD-
CODIFICATION
Another section 411 of Pub. L. 105-244 enacted subpart 8 (Sec.
1070f et seq.) of part A of this subchapter.
-MISC3-
PRIOR PROVISIONS
A prior section 1071, Pub. L. 89-329, title IV, Sec. 421, Nov. 8,
1965, 79 Stat. 1236; Pub. L. 90-460, Sec. 2(b)(3), 3(a), Aug. 3,
1968, 82 Stat. 635, 636; Pub. L. 90-575, title I, Sec. 113(b)(1),
114(a), 119(b), Oct. 16, 1968, 82 Stat. 1021, 1027; Pub. L. 94-482,
title I, Sec. 127(a), Oct. 12, 1976, 90 Stat. 2099; Pub. L. 95-43,
Sec. 1(a)(8)-(10), June 15, 1977, 91 Stat. 213; Pub. L. 96-374,
title XIII, Sec. 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1503; Pub.
L. 98-79, Sec. 6, Aug. 15, 1983, 97 Stat. 482, related to statement
of purpose of, appropriations for, and implementation of programs
to provide low-interest insured loans to students in institutions
of higher education, prior to the general revision of this part by
Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (d). Pub. L. 105-244 struck out heading and text
of subsec. (d). Text read as follows: ''Notwithstanding any other
provision of this part, no new loan guarantees shall be issued
after June 30, 1994, if the Secretary does not issue final
regulations implementing the changes made to this part under the
Higher Education Amendments of 1992 prior to that date. The
authority to issue new loan guarantees shall resume upon the
Secretary's issuance of such regulations. This subsection shall
not provide the basis for avoiding any requirements for notice and
public hearing on such regulations.''
1992 - Subsec. (c). Pub. L. 102-325, Sec. 411(a)(2), added
subsec. (c) and struck out former subsec. (c) which read as
follows: ''The program established under this part shall be
referred to as the 'Robert T. Stafford Student Loan Program'. Loans
made under this part shall be known as 'Stafford Loans'.''
Subsec. (d). Pub. L. 102-325, Sec. 411(c), added subsec. (d).
1988 - Subsec. (c). Pub. L. 100-369 substituted ''shall be
referred'' for ''may be referred'' and inserted provision
identifying loans made under this part as ''Stafford Loans''.
Pub. L. 100-297 added subsec. (c).
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-325 effective July 23, 1992, with
changes in the designation or names of loans or programs under this
part effective with respect to applications or other documents
(used in making such loans) that are printed after July 23, 1992,
see section 432 of Pub. L. 102-325, set out as a note under section
1078 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100-297, title VI, Sec. 6303, Apr. 28, 1988, 102 Stat.
431, as amended by Pub. L. 100-351, June 27, 1988, 102 Stat. 661;
Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided
that:
''(a) General Rule. - Except as otherwise provided, this Act and
the amendments made by this Act (see Tables for classification)
shall take effect July 1, 1988.
''(b) Special Rules. - (1) Any provision of this Act or any
amendment made by this Act which authorizes appropriations for
fiscal year 1988 shall take effect on the date of the enactment of
this Act (Apr. 28, 1988).
''(2) The provisions of section 2402, relating to the National
Center for Vocational Research, shall take effect on April 10,
1988.
''(3) The amendments made by section 3403 (amending sections
1221e and 1221e-1 of this title) shall take effect for assessments
made after September 30, 1989, with respect to State data.
''(4) Allotments to States made under chapters 1 and 2 of title I
of the Elementary and Secondary Education Act of 1965 (formerly 20
U.S.C. 2701 et seq., 2911 et seq.) and under the Adult Education
Act (formerly 20 U.S.C. 1201 et seq.) from amounts appropriated by
the joint resolution entitled 'Joint resolution making further
continuing appropriations for the fiscal year 1988, and for other
purposes', approved December 22, 1987 (Public Law 100-202), shall
be computed in accordance with the provisions of law applicable to
allotments to States under chapters 1 and 2 of the Education
Consolidation and Improvement Act of 1981 (formerly 20 U.S.C. 3801
et seq., 3811 et seq.) and under the Adult Education Act,
respectively, as such Acts were in effect on the day before the
date of the enactment of this Act (Apr. 28, 1988).
''(5) Amounts appropriated by the joint resolution entitled
'Joint resolution making further continuing appropriations for the
fiscal year 1988, and for other purposes', approved December 22,
1987 (Public Law 100-202), for the following programs shall be
awarded in accordance with the applicable provisions of law in
effect on the day before the date of the enactment of this Act
(Apr. 28, 1988):
''(A) Programs under subchapter D of chapter 2 of the Education
Consolidation and Improvement Act of 1981 (formerly 20 U.S.C.
3851 et seq.), except that projects under section 583(c)
(formerly 20 U.S.C. 3851(c)) may not be reviewed by a program
significance panel.
''(B) National programs under the Adult Education Act (formerly
20 U.S.C. 1201 et seq.).
''(C) Programs under the Indian Education Act (Pub. L. 92-318,
title IV, see Tables for classification).
''(D) Programs under title II of the Education for Economic
Security Act (formerly 20 U.S.C. 3961 et seq.).
''(E) The program under section 702 of the McKinney-Vento
Homeless Assistance Act (formerly 42 U.S.C. 11421).
''(6) The provisions of part A of title II of this Act (Sec. 2001
to 2034 of Pub. L. 100-297, amending sections 236 et seq. and 631
et seq. of this title), excluding sections 2014(e) and 2018
(amending section 238 of this title and enacting provisions set out
as a note under section 238 of this title), shall apply only with
respect to amounts appropriated for fiscal years beginning after
September 30, 1988.
''(7) The amendments made by section 6001 (amending section 11421
of Title 42, The Public Health and Welfare), relating to literacy
training of homeless adults, shall take effect on October 1, 1988.
''(8) Any election under section 5209(b)(1) (25 U.S.C.
2508(b)(1)) conveyed to the Secretary prior to August 1, 1988,
shall take effect for the fiscal year beginning on October 1, 1988,
and thereafter.''
EFFECTIVE DATE
Section 402(b)-(d) of Pub. L. 99-498, as amended by Pub. L.
100-50, Sec. 22(b), June 3, 1987, 101 Stat. 361, provided that:
''(b) Effective Dates. - The changes made in part B of title IV
of the Act (20 U.S.C. 1071 et seq.) by the amendment made by
subsection (a) of this section shall take effect on the date of
enactment of this Act (Oct. 17, 1986), except -
''(1) as otherwise provided in such part B;
''(2) the changes in sections 427(a)(2)(C) and 428(b)(1)(M) of
the Act (20 U.S.C. 1077(a)(2)(C), 1078(b)(1)(M)) (other than
clauses (viii), (ix), and (x) of each such section) shall apply
only to loans to new borrowers that (A) are made to cover the
cost of instruction for periods of enrollment beginning on or
after July 1, 1987; or (B) are disbursed on or after July 1,
1987;
''(3) the changes made in sections 425(a), 428(b)(1)(A), and
428(b)(1)(B) of the Act (20 U.S.C. 1075(a), 1078(b)(1)(A), (B))
shall apply with respect only to loans disbursed on or after
January 1, 1987, or made to cover the costs of instruction for
periods of enrollment beginning on or after January 1, 1987;
''(4) the changes made in subsections (a), (b), and (d) of
section 433 of the Act (20 U.S.C. 1083(a), (b), (d)) shall apply
with respect only to loans disbursed on or after January 1, 1987,
or made to cover the costs of instruction for periods of
enrollment beginning on or after January 1, 1987;
''(5) the changes in section 428(b)(1)(H) (20 U.S.C.
1078(b)(1)(H)) shall apply with respect only to loans for which
the borrower files an application on or after July 1, 1987;
''(6) the changes in sections 435(d)(5) and 438(d) of the Act
(20 U.S.C. 1085(d)(5), 1087-1(d)) shall take effect 30 days after
the date of enactment of this Act (Oct. 17, 1986); and
''(7) the changes made in section 438(b) (20 U.S.C. 1087-1(b))
shall take effect with respect to loans disbursed on or after 30
days after the date of enactment of this Act (Oct. 17, 1986) or
made to cover the costs of instruction for periods of enrollment
beginning on or after 30 days after the date of enactment of this
Act.
''(c) Changes Effective Without Regard to Regulations;
Republication of Regulations. - The changes made in part B of title
IV of the Act (20 U.S.C. 1071 et seq.) by the amendment made by
subsection (a) of this section shall be effective in accordance
with subsection (b) of this section without regard to whether such
changes are reflected in the regulations prescribed by the
Secretary of Education for the purpose of such part.
''(d) New Borrowers. - For the purpose of this section, the term
'new borrower' means, with respect to any date, an individual who
on that date has no outstanding balance of principal or interest
owing on any loan made, insured, or guaranteed under part B of
title IV of the Act (20 U.S.C. 1071 et seq.).''
STUDY OF ROLE OF GUARANTY AGENCIES
Section 1401 of Pub. L. 102-325 directed Secretary of Education
to review role of guaranty agencies within Federal Family Education
Loan Program by examining administrative and financial operations
of such agencies and the relationships between guaranty agencies
and State governments and report to Congress within 1 year of July
23, 1992, on the review, prior to repeal by Pub. L. 105-332, Sec.
6(b)(2), Oct. 31, 1998, 112 Stat. 3128.
GENERAL ACCOUNTING OFFICE REPORTS
Sections 1311 to 1314 of Pub. L. 99-498, as amended by Pub. L.
100-50, Sec. 23(6), June 3, 1987, 101 Stat. 362, directed
Comptroller General to conduct studies on practices of State
guaranty agencies and multistate guarantors under the student loan
program, on the feasibility and efficiency of permitting students
to establish multiple year lines of credit with eligible lenders,
on the impact of the multiple disbursement system on the ability of
students and institutions of higher education to meet expenses, and
on the cost, efficiency, and impact of the consolidation loan
program established by Pub. L. 99-498, and directed Comptroller
General to make and submit a report to Congress on each study not
later than two years after Oct. 17, 1986, prior to repeal by Pub.
L. 105-332, Sec. 6(a), Oct. 31, 1998, 112 Stat. 3127.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1072 of this title.
-CITE-
20 USC Sec. 1072 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part B - Federal Family Education Loan Program
-HEAD-
Sec. 1072. Advances for reserve funds of State and nonprofit
private loan insurance programs
-STATUTE-
(a) Purpose of and authority for advances to reserve funds
(1) Purpose; eligible recipients
From sums appropriated pursuant to paragraphs (3) and (4)(A) of
section 1071(b) of this title, the Secretary is authorized to
make advances to any State with which the Secretary has made an
agreement pursuant to section 1078(b) of this title for the
purpose of helping to establish or strengthen the reserve fund of
the student loan insurance program covered by that agreement. If
for any fiscal year a State does not have a student loan
insurance program covered by an agreement made pursuant to
section 1078(b) of this title, and the Secretary determines after
consultation with the chief executive officer of that State that
there is no reasonable likelihood that the State will have such a
student loan insurance program for such year, the Secretary may
make advances for such year for the same purpose to one or more
nonprofit private institutions or organizations with which the
Secretary has made an agreement pursuant to section 1078(b) of
this title in order to enable students in the State to
participate in a program of student loan insurance covered by
such an agreement. The Secretary may make advances under this
subsection both to a State program (with which he has such an
agreement) and to one or more nonprofit private institutions or
organizations (with which he has such an agreement) in that State
if he determines that such advances are necessary in order that
students in each eligible institution have access through such
institution to a student loan insurance program which meets the
requirements of section 1078(b)(1) of this title.
(2) Matching requirement
No advance shall be made after June 30, 1968, unless matched by
an equal amount from non-Federal sources. Such equal amount may
include the unencumbered non-Federal portion of a reserve fund.
As used in the preceding sentence, the term ''unencumbered
non-Federal portion'' means the amount (determined as of the time
immediately preceding the making of the advance) of the reserve
fund less the greater of -
(A) the sum of -
(i) advances made under this section prior to July 1, 1968;
(ii) an amount equal to twice the amount of advances made
under this section after June 30, 1968, and before the
advance for purposes of which the determination is made; and
(iii) the proceeds of earnings on advances made under this
section; or
(B) any amount which is required to be maintained in such
fund pursuant to State law or regulation, or by agreement with
lenders, as a reserve against the insurance of outstanding
loans.
Except as provided in section 1078(c)(9)(E) or (F) of this title,
such unencumbered non-Federal portion shall not be subject to
recall, repayment, or recovery by the Secretary.
(3) Terms and conditions; repayment
Advances pursuant to this subsection shall be upon such terms
and conditions (including conditions relating to the time or
times of payment) consistent with the requirements of section
1078(b) of this title as the Secretary determines will best carry
out the purpose of this section. Advances made by the Secretary
under this subsection shall be repaid within such period as the
Secretary may deem to be appropriate in each case in the light of
the maturity and solvency of the reserve fund for which the
advance was made.
(b) Limitations on total advances
(1) In general
The total of the advances from the sums appropriated pursuant
to paragraph (4)(A) of section 1071(b) of this title to nonprofit
private institutions and organizations for the benefit of
students in any State and to such State may not exceed an amount
which bears the same ratio to such sums as the population of such
State aged 18 to 22, inclusive, bears to the population of all
the States aged 18 to 22 inclusive, but such advances may
otherwise be in such amounts as the Secretary determines will
best achieve the purposes for which they are made. The amount
available for advances to any State shall not be less than
$25,000 and any additional funds needed to meet this requirement
shall be derived by proportionately reducing (but not below
$25,000) the amount available for advances to each of the
remaining States.
(2) Calculation of population
For the purpose of this subsection, the population aged 18 to
22, inclusive, of each State and of all the States shall be
determined by the Secretary on the basis of the most recent
satisfactory data available to him.
(c) Advances for insurance obligations
(1) Use for payment of insurance obligations
From sums appropriated pursuant to section 1071(b)(4)(B) of
this title, the Secretary shall advance to each State which has
an agreement with the Secretary under section 1078(c) of this
title with respect to a student loan insurance program, an amount
determined in accordance with paragraph (2) of this subsection to
be used for the purpose of making payments under the State's
insurance obligations under such program.
(2) Amount of advances
(A) Except as provided in subparagraph (B), the amount to be
advanced to each such State shall be equal to 10 percent of the
principal amount of loans made by lenders and insured by such
agency on those loans on which the first payment of principal
became due during the fiscal year immediately preceding the
fiscal year in which the advance is made.
(B) The amount of any advance determined according to
subparagraph (A) of this paragraph shall be reduced by -
(i) the amount of any advance or advances made to such State
pursuant to this subsection at an earlier date; and
(ii) the amount of the unspent balance of the advances made
to a State pursuant to subsection (a) of this section.
Notwithstanding subparagraph (A) and the preceding sentence of
this subparagraph, but subject to subparagraph (D) of this
paragraph, the amount of any advance to a State described in
paragraph (5)(A) for the first year of its eligibility under such
paragraph, and the amount of any advance to any State described
in paragraph (5)(B) for each year of its eligibility under such
paragraph, shall not be less than $50,000.
(C) For the purpose of subparagraph (B), the unspent balance of
the advances made to a State pursuant to subsection (a) of this
section shall be that portion of the balance of the State's
reserve fund (remaining at the time of the State's first request
for an advance pursuant to this subsection) which bears the same
ratio to such balance as the Federal advances made and not
returned by such State, pursuant to subsection (a) of this
section, bears to the total of all past contributions to such
reserve funds from all sources (other than interest on investment
of any portion of the reserve fund) contributed since the date
such State executed an agreement pursuant to section 1078(b) of
this title.
(D) If the sums appropriated for any fiscal year for paying the
amounts determined under subparagraphs (A) and (B) are not
sufficient to pay such amounts in full, then such amounts shall
be reduced -
(i) by ratably reducing that portion of the amount allocated
to each State which exceeds $50,000; and
(ii) if further reduction is required, by equally reducing
the $50,000 minimum allocation of each State.
If additional sums become available for paying such amounts for
any fiscal year during which the preceding sentence has been
applied, such reduced amounts shall be increased on the same
basis as they were reduced.
(3) Use of earnings for insurance obligations
The earnings, if any, on any investments of advances received
pursuant to this subsection must be used for making payments
under the State's insurance obligations.
(4) Repayment of advances
Advances made by the Secretary under this subsection shall,
subject to subsection (d) of this section, be repaid within such
period as the Secretary may deem to be appropriate and shall be
deposited in the fund established by section 1081 of this title.
(5) Limitation on number of advances
Except as provided in paragraph (7), advances pursuant to this
subsection shall be made to a State -
(A) in the case of a State which is actively carrying on a
program under an agreement pursuant to section 1078(b) of this
title which was entered into before October 12, 1976, upon such
date as such State may request, but not before October 1, 1977,
and on the same day of each of the 2 succeeding calendar years
after the date so requested; and
(B) in the case of a State which enters into an agreement
pursuant to section 1078(b) of this title on or after October
12, 1976, or which is not actively carrying on a program under
an agreement pursuant to such section on such date, upon such
date as such State may request, but not before October 1, 1977,
and on the same day of each of the 4 succeeding calendar years
after the date so requested of the advance.
(6) Payment of advances where no State program
(A) If for any fiscal year a State does not have a student loan
insurance program covered by an agreement made pursuant to
section 1078(b) of this title, and the Secretary determines after
consultation with the chief executive officer of that State that
there is no reasonable likelihood that the State will have such a
student loan insurance program for such year, the Secretary may
make advances pursuant to this subsection for such year for the
same purpose to one or more nonprofit private institutions or
organizations with which he has made an agreement pursuant to
subsection (c), as well as subsection (b), of section 1078 of
this title and subparagraph (B) of this paragraph in order to
enable students in that State to participate in a program of
student loan insurance covered by such agreements.
(B) The Secretary may enter into an agreement with a private
nonprofit institution or organization for the purpose of this
paragraph under which such institution or organization -
(i) agrees to establish within such State at least one office
with sufficient staff to handle written, electronic, and
telephone inquiries from students, eligible lenders, and other
persons in the State, to encourage maximum commercial lender
participation within the State, and to conduct periodic visits
to at least the major eligible lenders within the State;
(ii) agrees that its insurance will not be denied any student
because of his or her choice of eligible institutions; and
(iii) certifies that it is neither an eligible institution,
nor has any substantial affiliation with an eligible
institution.
(7) Emergency advances
The Secretary is authorized to make advances, on terms and
conditions satisfactory to the Secretary, to a guaranty agency -
(A) in accordance with section 1078(j) of this title, in
order to ensure that the guaranty agency shall make loans as
the lender-of-last-resort; or
(B) if the Secretary is seeking to terminate the guaranty
agency's agreement, or assuming the guaranty agency's
functions, in accordance with section 1078(c)(9)(F)(v) of this
title, in order to assist the agency in meeting its immediate
cash needs, ensure the uninterrupted payment of claims, or
ensure that the guaranty agency shall make loans as described
in subparagraph (A).
(d) Recovery of advances during fiscal years 1988 and 1989
(1) Amount and use of recovered funds
Notwithstanding any other provision of this section, advances
made by the Secretary under this section shall be repaid in
accordance with this subsection and shall be deposited in the
fund established by section 1081 of this title. The Secretary
shall, in accordance with the requirements of paragraph (2),
recover (and so deposit) an amount equal to $75,000,000 during
fiscal year 1988 and an amount equal to $35,000,000 for fiscal
year 1989.
(2) Determination of guaranty agency obligations
In determining the amount of advances which shall be repaid by
a guaranty agency under paragraph (1), the Secretary -
(A) shall consider the solvency and maturity of the reserve
and insurance funds of the guaranty agency assisted by such
advances, as determined by the Comptroller General taking into
account the requirements of State law as in effect on October
17, 1986;
(B) shall not seek repayment of such advances from any State
described in subsection (c)(5)(B) of this section during any
year of its eligibility under such subsection; and
(C) shall not seek repayment of such advances from any State
if such repayment encumbers the reserve fund requirement of
State law as in effect on October 17, 1986.
(e) Correction for errors under reduction of excess cash reserves
(1) In general
The Secretary shall pay any guaranty agency the amount of
reimbursement of claims under section 1078(c)(1) of this title,
filed between September 1, 1988, and December 31, 1989, which
were previously withheld or canceled in order to be applied to
satisfy such agency's obligation to eliminate excess cash
reserves held by such agency, based on the maximum cash reserve
(as described in subsection (e) of this section as in effect on
September 1, 1988) permitted at the end of 1986, if such maximum
cash reserve was miscalculated because of erroneous financial
information provided by such agency to the Secretary and if (A)
such erroneous information is verified by an audited financial
statement of the reserve fund, signed by a certified public
accountant, and (B) such audited financial statement is provided
to the Secretary prior to January 1, 1993.
(2) Amount
The amount of reimbursement for claims shall be equal to the
amount of reimbursement for claims withheld or canceled in order
to be applied to such agency's obligation to eliminate excess
cash reserves which exceeds the amount of that which would have
been withheld or canceled if the maximum excess cash reserves had
been accurately calculated.
(f) Refund of cash reserve payments
The Secretary shall, within 30 days after July 23, 1992, pay the
full amount of payments withheld or canceled under paragraph (3) of
this subsection to any guaranty agency which -
(1) was required to eliminate excess cash reserves, based on
the maximum cash reserve (as described in subsection (e) of this
section as in effect on September 1, 1988) permitted at the end
of 1986;
(2) appealed the Secretary's demand that such agency should
eliminate such excess cash reserves and received a waiver of a
portion of the amount of such excess cash reserves to be
eliminated;
(3) had payments under section 1078(c)(1) of this title or
section 1078(f) of this title previously withheld or canceled in
order to be applied to satisfy such agency's obligation to
eliminate excess cash reserves held by such agency, based on the
maximum cash reserve (as described in subsection (e) of this
section as in effect on September 1, 1988) permitted at the end
of 1986; and
(4) according to a Department of Education review that was
completed and forwarded to such guaranty agency prior to January
1, 1992, is expected to become insolvent during or before 1996
and the payments withheld or canceled under paragraph (3) of this
subsection are a factor in such agency's impending insolvency.
(g) Preservation and recovery of guaranty agency reserves
(1) Authority to recover funds
Notwithstanding any other provision of law, the reserve funds
of the guaranty agencies, and any assets purchased with such
reserve funds, regardless of who holds or controls the reserves
or assets, shall be considered to be the property of the United
States to be used in the operation of the program authorized by
this part. However, the Secretary may not require the return of
all reserve funds of a guaranty agency to the Secretary unless
the Secretary determines that such return is in the best interest
of the operation of the program authorized by this part, or to
ensure the proper maintenance of such agency's funds or assets or
the orderly termination of the guaranty agency's operations and
the liquidation of its assets. The reserves shall be maintained
by each guaranty agency to pay program expenses and contingent
liabilities, as authorized by the Secretary, except that -
(A) the Secretary may direct a guaranty agency to return to
the Secretary a portion of its reserve fund which the Secretary
determines is unnecessary to pay the program expenses and
contingent liabilities of the guaranty agency;
(B) the Secretary may direct the guaranty agency to require
the return, to the guaranty agency or to the Secretary, of any
reserve funds or assets held by, or under the control of, any
other entity, which the Secretary determines are necessary to
pay the program expenses and contingent liabilities of the
guaranty agency, or which are required for the orderly
termination of the guaranty agency's operations and the
liquidation of its assets;
(C) the Secretary may direct a guaranty agency, or such
agency's officers or directors, to cease any activities
involving expenditure, use or transfer of the guaranty agency's
reserve funds or assets which the Secretary determines is a
misapplication, misuse, or improper expenditure of such funds
or assets; and
(D) any such determination under subparagraph (A) or (B)
shall be based on standards prescribed by regulations that are
developed through negotiated rulemaking and that include
procedures for administrative due process.
(2) Termination provisions in contracts
(A) To ensure that the funds and assets of the guaranty agency
are preserved, any contract with respect to the administration of
a guaranty agency's reserve funds, or the administration of any
assets purchased or acquired with the reserve funds of the
guaranty agency, that is entered into or extended by the guaranty
agency, or any other party on behalf of or with the concurrence
of the guaranty agency, after August 10, 1993, shall provide that
the contract is terminable by the Secretary upon 30 days notice
to the contracting parties if the Secretary determines that such
contract includes an impermissible transfer of the reserve funds
or assets, or is otherwise inconsistent with the terms or
purposes of this section.
(B) The Secretary may direct a guaranty agency to suspend or
cease activities under any contract entered into by or on behalf
of such agency after January 1, 1993, if the Secretary determines
that the misuse or improper expenditure of such guaranty agency's
funds or assets or such contract provides unnecessary or improper
benefits to such agency's officers or directors.
(3) Penalties
Violation of any direction issued by the Secretary under this
subsection may be subject to the penalties described in section
1097 of this title.
(4) Availability of funds
Any funds that are returned or otherwise recovered by the
Secretary pursuant to this subsection shall be available for
expenditure for expenses pursuant to section 1087h of this title.
(h) Recall of reserves; limitations on use of reserve funds and
assets
(1) In general
Notwithstanding any other provision of law, the Secretary
shall, except as otherwise provided in this subsection, recall
$1,000,000,000 from the reserve funds held by guaranty agencies
on September 1, 2002.
(2) Deposit
Funds recalled by the Secretary under this subsection shall be
deposited in the Treasury.
(3) Required share
The Secretary shall require each guaranty agency to return
reserve funds under paragraph (1) based on the agency's required
share of recalled reserve funds held by guaranty agencies as of
September 30, 1996. For purposes of this paragraph, a guaranty
agency's required share of recalled reserve funds shall be
determined as follows:
(A) The Secretary shall compute each guaranty agency's
reserve ratio by dividing (i) the amount held in the agency's
reserve funds as of September 30, 1996 (but reflecting later
accounting or auditing adjustments approved by the Secretary),
by (ii) the original principal amount of all loans for which
the agency has an outstanding insurance obligation as of such
date, including amounts of outstanding loans transferred to the
agency from another guaranty agency.
(B) If the reserve ratio of any guaranty agency as computed
under subparagraph (A) exceeds 2.0 percent, the agency's
required share shall include so much of the amounts held in the
agency's reserve funds as exceed a reserve ratio of 2.0
percent.
(C) If any additional amount is required to be recalled under
paragraph (1) (after deducting the total of the required shares
calculated under subparagraph (B)), such additional amount
shall be obtained by imposing on each guaranty agency an equal
percentage reduction in the amount of the agency's reserve
funds remaining after deduction of the amount recalled under
subparagraph (B), except that such percentage reduction under
this subparagraph shall not result in the agency's reserve
ratio being reduced below 0.58 percent. The equal percentage
reduction shall be the percentage obtained by dividing -
(i) the additional amount required to be recalled (after
deducting the total of the required shares calculated under
subparagraph (B)), by
(ii) the total amount of all such agencies' reserve funds
remaining (after deduction of the required shares calculated
under such subparagraph).
(D) If any additional amount is required to be recalled under
paragraph (1) (after deducting the total of the required shares
calculated under subparagraphs (B) and (C)), such additional
amount shall be obtained by imposing on each guaranty agency
with a reserve ratio (after deducting the required shares
calculated under such subparagraphs) in excess of 0.58 percent
an equal percentage reduction in the amount of the agency's
reserve funds remaining (after such deduction) that exceed a
reserve ratio of 0.58 percent. The equal percentage reduction
shall be the percentage obtained by dividing -
(i) the additional amount to be recalled under paragraph
(1) (after deducting the amount recalled under subparagraphs
(B) and (C)), by
(ii) the total amount of all such agencies' reserve funds
remaining (after deduction of the required shares calculated
under such subparagraphs) that exceed a reserve ratio of 0.58
percent.
(4) Restricted accounts required
(A) In general
Within 90 days after the beginning of each of the fiscal
years 1998 through 2002, each guaranty agency shall transfer a
portion of the agency's required share determined under
paragraph (3) to a restricted account established by the agency
that is of a type selected by the agency with the approval of
the Secretary. Funds transferred to such restricted accounts
shall be invested in obligations issued or guaranteed by the
United States or in other similarly low-risk securities.
(B) Requirement
A guaranty agency shall not use the funds in such a
restricted account for any purpose without the express written
permission of the Secretary, except that a guaranty agency may
use the earnings from such restricted account for default
reduction activities.
(C) Installments
In each of fiscal years 1998 through 2002, each guaranty
agency shall transfer the agency's required share to such
restricted account in 5 equal annual installments, except that
-
(i) a guaranty agency that has a reserve ratio (as computed
under subparagraph (3)(A)) equal to or less than 1.10 percent
may transfer the agency's required share to such account in 4
equal installments beginning in fiscal year 1999; and
(ii) a guaranty agency may transfer such required share to
such account in accordance with such other payment schedules
as are approved by the Secretary.
(5) Shortage
If, on September 1, 2002, the total amount in the restricted
accounts described in paragraph (4) is less than the amount the
Secretary is required to recall under paragraph (1), the
Secretary shall require the return of the amount of the shortage
from other reserve funds held by guaranty agencies under
procedures established by the Secretary. The Secretary shall
first attempt to obtain the amount of such shortage from each
guaranty agency that failed to transfer the agency's required
share to the agency's restricted account in accordance with
paragraph (4).
(6) Enforcement
(A) In general
The Secretary may take such reasonable measures, and require
such information, as may be necessary to ensure that guaranty
agencies comply with the requirements of this subsection.
(B) Prohibition
If the Secretary determines that a guaranty agency has failed
to transfer to a restricted account any portion of the agency's
required share under this subsection, the agency may not
receive any other funds under this part until the Secretary
determines that the agency has so transferred the agency's
required share.
(C) Waiver
The Secretary may waive the requirements of subparagraph (B)
for a guaranty agency described in such subparagraph if the
Secretary determines that there are extenuating circumstances
beyond the control of the agency that justify such waiver.
(7) Limitation
(A) Restriction on other authority
The Secretary shall not have any authority to direct a
guaranty agency to return reserve funds under subsection
(g)(1)(A) of this section during the period from August 5,
1997, through September 30, 2002.
(B) Use of termination collections
Any reserve funds directed by the Secretary to be returned to
the Secretary under subsection (g)(1)(B) of this section during
such period that do not exceed a guaranty agency's required
share of recalled reserve funds under paragraph (3) -
(i) shall be used to satisfy the agency's required share of
recalled reserve funds; and
(ii) shall be deposited in the restricted account
established by the agency under paragraph (4), without regard
to whether such funds exceed the next installment required
under such paragraph.
(C) Use of sanctions collections
Any reserve funds directed by the Secretary to be returned to
the Secretary under subsection (g)(1)(C) of this section during
such period that do not exceed a guaranty agency's next
installment under paragraph (4) -
(i) shall be used to satisfy the agency's next installment;
and
(ii) shall be deposited in the restricted account
established by the agency under paragraph (4).
(D) Balance available to Secretary
Any reserve funds directed by the Secretary to be returned to
the Secretary under subparagraph (B) or (C) of subsection
(g)(1) of this section that remain after satisfaction of the
requirements of subparagraphs (B) and (C) of this paragraph
shall be deposited in the Treasury.
(8) Definitions
For the purposes of this subsection:
(A) Default reduction activities
The term ''default reduction activities'' means activities to
reduce student loan defaults that improve, strengthen, and
expand default prevention activities, such as -
(i) establishing a program of partial loan cancellation to
reward disadvantaged borrowers for good repayment histories
with their lenders;
(ii) establishing a financial and debt management
counseling program for high-risk borrowers that provides
long-term training (beginning prior to the first disbursement
of the borrower's first student loan and continuing through
the completion of the borrower's program of education or
training) in budgeting and other aspects of financial
management, including debt management;
(iii) establishing a program of placement counseling to
assist high-risk borrowers in identifying employment or
additional training opportunities; and
(iv) developing public service announcements that would
detail consequences of student loan default and provide
information regarding a toll-free telephone number
established by the guaranty agency for use by borrowers
seeking assistance in avoiding default.
(B) Reserve funds
The term ''reserve funds'' when used with respect to a
guaranty agency -
(i) includes any reserve funds in cash or liquid assets
held by the guaranty agency, or held by, or under the control
of, any other entity; and
(ii) does not include buildings, equipment, or other
nonliquid assets.
(i) Additional recall of reserves
(1) In general
Notwithstanding any other provision of law and subject to
paragraph (4), the Secretary shall recall, from reserve funds
held in the Federal Student Loan Reserve Funds established under
section 1072a of this title by guaranty agencies -
(A) $85,000,000 in fiscal year 2002;
(B) $82,500,000 in fiscal year 2006; and
(C) $82,500,000 in fiscal year 2007.
(2) Deposit
Funds recalled by the Secretary under this subsection shall be
deposited in the Treasury.
(3) Required share
The Secretary shall require each guaranty agency to return
reserve funds under paragraph (1) on the basis of the agency's
required share. For purposes of this paragraph, a guaranty
agency's required share shall be determined as follows:
(A) Equal percentage
The Secretary shall require each guaranty agency to return an
amount representing an equal percentage reduction in the amount
of reserve funds held by the agency on September 30, 1996.
(B) Calculation
The equal percentage reduction shall be the percentage
obtained by dividing -
(i) $250,000,000, by
(ii) the total amount of all guaranty agencies' reserve
funds held on September 30, 1996, less any amounts subject to
recall under subsection (h) of this section.
(C) Special rule
Notwithstanding subparagraphs (A) and (B), the percentage
reduction under subparagraph (B) shall not result in the
depletion of the reserve funds of any agency which charges the
1.0 percent insurance premium pursuant to section 1078(b)(1)(H)
of this title below an amount equal to the amount of lender
claim payments paid during the 90 days prior to the date of the
return under this subsection. If any additional amount is
required to be returned after deducting the total of the
required shares under subparagraph (B) and as a result of the
preceding sentence, such additional amount shall be obtained by
imposing on each guaranty agency to which the preceding
sentence does not apply, an equal percentage reduction in the
amount of the agency's remaining reserve funds.
(4) Offset of required shares
If any guaranty agency returns to the Secretary any reserve
funds in excess of the amount required under this subsection or
subsection (h) of this section, the total amount required to be
returned under paragraph (1) shall be reduced by the amount of
such excess reserve funds returned.
(5) Definition of reserve funds
The term ''reserve funds'' when used with respect to a guaranty
agency -
(A) includes any reserve funds in cash or liquid assets held
by the guaranty agency, or held by, or under the control of,
any other entity; and
(B) does not include buildings, equipment, or other nonliquid
assets.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 422, as added Pub. L. 99-498, title
IV, Sec. 402(a), Oct. 17, 1986, 100 Stat. 1354; amended Pub. L.
100-203, title III, Sec. 3001(a), 3002(a), Dec. 22, 1987, 101 Stat.
1330-36, 1330-38; Pub. L. 102-325, title IV, Sec. 412, 416(p)(8),
July 23, 1992, 106 Stat. 511, 527; Pub. L. 103-66, title IV, Sec.
4041(a), (2)(A), 4042, Aug. 10, 1993, 107 Stat. 354, 357; Pub. L.
103-208, Sec. 2(c)(1), Dec. 20, 1993, 107 Stat. 2460; Pub. L.
105-33, title VI, Sec. 6101(a), Aug. 5, 1997, 111 Stat. 648; Pub.
L. 105-244, title IV, Sec. 412, Oct. 7, 1998, 112 Stat. 1673.)
-COD-
CODIFICATION
Amendment by Pub. L. 103-208 (which was effective as if included
in Pub. L. 102-325) was executed to this section as amended by Pub.
L. 102-325 and Pub. L. 103-66, to reflect the probable intent of
Congress.
-MISC3-
PRIOR PROVISIONS
A prior section 1072, Pub. L. 89-329, title IV, Sec. 422, Nov. 8,
1965, 79 Stat. 1236; Pub. L. 89-752, Sec. 11, Nov. 3, 1966, 80
Stat. 1243; Pub. L. 90-575, title I, Sec. 114(b), (c), Oct. 16,
1968, 82 Stat. 1021, 1022; Pub. L. 94-482, title I, Sec. 127(a),
Oct. 12, 1976, 90 Stat. 2100; Pub. L. 95-43, Sec. 1(a)(11)-(13),
June 15, 1977, 91 Stat. 213, 214; Pub. L. 95-561, title XIII, Sec.
1322(a), Nov. 1, 1978, 92 Stat. 2363; Pub. L. 96-374, title XIII,
Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503; Pub. L. 99-272, title
XVI, Sec. 16011, Apr. 7, 1986, 100 Stat. 339, authorized advances
to establish or strengthen reserve funds of State and nonprofit
private loan insurance programs, prior to the general revision of
this part by Pub. L. 99-498.
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-244, Sec. 412(1), substituted
''section 1078(c)(9)(E)'' for ''section 1078(c)(10)(E)'' in
concluding provisions.
Subsec. (c)(6)(B)(i). Pub. L. 105-244, Sec. 412(2)(A),
substituted ''written, electronic,'' for ''written''.
Subsec. (c)(7)(A). Pub. L. 105-244, Sec. 412(2)(B), struck out
''during the transition from the Federal Family Education Loan
Program under this part to the Federal Direct Student Loan Program
under part C of this subchapter'' after ''lender-of-last-resort''.
Subsec. (c)(7)(B). Pub. L. 105-244, Sec. 412(2)(C), substituted
''section 1078(c)(9)(F)(v)'' for ''section 1078(c)(10)(F)(v)''.
Subsec. (g)(1). Pub. L. 105-244, Sec. 412(3), struck out ''or the
program authorized by part C of this subchapter'' after ''program
authorized by this part'' in first and second sentences.
Subsec. (i). Pub. L. 105-244, Sec. 412(4), added subsec. (i).
1997 - Subsec. (h). Pub. L. 105-33 added subsec. (h).
1993 - Subsec. (c)(7). Pub. L. 103-66, Sec. 4041(a)(2)(A),
substituted ''to a guaranty agency - '' and subpars. (A) and (B)
for ''to a guaranty agency in accordance with section
1078(c)(10)(F)(v) of this title in order to assist the agency in
meeting its immediate cash needs and ensure the uninterrupted
payment of default claims by lenders.''
Subsec. (c)(7)(B). Pub. L. 103-208 substituted a period for
semicolon at end. See Codification note above.
Subsec. (g). Pub. L. 103-66, Sec. 4042, added subsec. (g).
1992 - Subsec. (a)(2). Pub. L. 102-325, Sec. 412(1), inserted at
end ''Except as provided in section 1078(c)(10)(E) or (F) of this
title, such unencumbered non-Federal portion shall not be subject
to recall, repayment, or recovery by the Secretary.''
Subsec. (c)(5), (7). Pub. L. 102-325, Sec. 416(p)(8), substituted
''Except as provided in paragraph (7), advances'' for ''Advances''
in par. (5) and added par. (7).
Subsecs. (e), (f). Pub. L. 102-325, Sec. 412(2), added subsecs.
(e) and (f).
1987 - Subsec. (e). Pub. L. 100-203, Sec. 3002(a), struck out
subsec. (e) which related to reduction of excess cash reserves.
Pub. L. 100-203, Sec. 3001(a), added subsec. (e).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-208 effective as if included in the
Higher Education Amendments of 1992, Pub. L. 102-325, except as
otherwise provided, see section 5(a) of Pub. L. 103-208, set out as
a note under section 1051 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 3002(a) of Pub. L. 100-203 provided that the amendment
made by that section 3002(a) is effective Sept. 30, 1989.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1071, 1072a, 1072b, 1073,
1078, 1078-1, 1081 of this title.
-CITE-
20 USC Sec. 1072a 01/06/03
-EXPCITE-
TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part B - Federal Family Education Loan Program
-HEAD-
Sec. 1072a. Federal Student Loan Reserve Fund
-STATUTE-
(a) Establishment
Each guaranty agency shall, not later than 60 days after October
7, 1998, deposit all funds, securities, and other liquid assets
contained in the reserve fund established pursuant to section 1072
of this title into a Federal Student Loan Reserve Fund (in this
section and section 1072b of this title referred to as the
''Federal Fund''), which shall be an account of a type selected by
the agency, with the approval of the Secretary.
(b) Investment of funds
Funds transferred to the Federal Fund shall be invested in
obligations issued or guaranteed by the United States or a State,
or in other similarly low-risk securities selected by the guaranty
agency, with the approval of the Secretary. Earnings from the
Federal Fund shall be the sole property of the Federal Government.
(c) Additional deposits
After the establishment of the Federal Fund, a guaranty agency
shall deposit into the Federal Fund -
(1) all amounts received from the Secretary as payment of
reinsurance on loans pursuant to section 1078(c)(1) of this
title;
(2) from amounts collected on behalf of the obligation of a
defaulted borrower, a percentage amount equal to the complement
of the reinsurance percentage in effect when payment under the
guaranty agreement was made -
(A) with respect to the defaulted loan pursuant to sections
1078(c)(6)(A) and 1078-6(a)(1)(B) of this title; and
(B) with respect to a loan that the Secretary has repaid or
discharged under section 1087 of this title;
(3) insurance premiums collected from borrowers pursuant to
sections 1078(b)(1)(H) and 1078-8(h) of this title;
(4) all amounts received from the Secretary as payment for
supplemental preclaims activity performed prior to October 7,
1998;
(5) 70 percent of amounts received after October 7, 1998, from
the Secretary as payment for administrative cost allowances for
loans upon which insurance was issued prior to October 7, 1998;
and
(6) other receipts as specified in regulations of the
Secretary.
(d) Uses of funds
Subject to subsection (f) of this section, the Federal Fund may
only be used by a guaranty agency -
(1) to pay lender claims pursuant to sections 1078(b)(1)(G),
1078(j), 1087, and 1087-2(q) of this title; and
(2) to pay into the Agency Operating Fund established pursuant
to section 1072b of this title (in this section and section 1072b
of this title referred to as the ''Operating Fund'') a default
aversion fee in accordance with section 1078(l) of this title.
(e) Ownership of Federal Fund
The Federal Fund, and any nonliquid asset (such as a building or
equipment) developed or purchased by the guaranty agency in whole
or in part with Federal reserve funds, regardless of who holds or
controls the Federal reserve funds or such asset, shall be
considered to be the property of the United States, prorated based
on the percentage of such asset developed or purchased with Federal
reserve funds, which property shall be used in the operation of the
program authorized by this part, as provided in subsection (d) of
this section. The Secretary may restrict or regulate the use of
such asset only to the extent necessary to reasonably protect the
Secretary's prorated share of the value of such asset. The
Secretary may direct a guaranty agency, or such agency's officers
or directors, to cease any activity involving expenditures, use, or
transfer of the Federal Fund administered by the guaranty agency
that the Secretary determines is a misapplication, misuse, or
improper expenditure of the Federal Fund or the Secretary's share
of such asset.
(f) Transition
(1) In general
In order to establish the Operating Fund, each guaranty agency
may transfer not more than 180 days' cash expenses for normal
operating expenses (not including claim payments) as a working
capital reserve as defined in Office of Management and Budget
Circular A-87 (Cost Accounting Standards) from the Federal Fund
for deposit into the Operating Fund for use in the performance of
the guaranty agency's duties under this part. Such transfers may
occur during the first 3 years following the establishment of the
Operating Fund. However, no agency may transfer in excess of 45
percent of the balance, as of September 30, 1998, of the agency's
Federal Fund to the agency's Operating Fund during such 3-year
period. In determining the amount that may be transferred, the
agency shall ensure that sufficient funds remain in the Federal
Fund to pay lender claims within the required time periods and to
meet the reserve recall requirements of this section and
subsections (h) and (i) of section 1072 of this title.
(2) Special rule
A limited number of guaranty agencies may transfer interest
earned on the Federal Fund to the Operating Fund during the first
3 years after October 7, 1998, if the guaranty agency
demonstrates to the Secretary that -
(A) the cash flow in the Operating Fund will be negative
without the transfer of such interest; and
(B) the transfer of such interest will substantially improve
the financial circumstances of the guaranty agency.
(3) Repayment provisions
Each guaranty agency shall begin repayment of sums transferred
pursuant to this subsection not later than the start of the
fourth year after the establishment of the Operating Fund, and
shall repay all amounts transferred not later than 5 years from
the date of the establishment of the Operating Fund. With respect
to amounts transferred from the Federal Fund, the guaranty agency
shall not be required to repay any interest on the funds
transferred and subsequently repaid. The guaranty agency shall
provide to the Secretary a reasonable schedule for repayment of
the sums transferred and an annual financial analysis
demonstrating the agency's ability to comply with the schedule
and repay all outstanding sums transferred.
(4) Prohibition
If a guaranty agency transfers funds from the Federal Fund in
accordance with this section, and fails to make scheduled
repayments to the Federal Fund, the agency may not receive any
other funds under this part until the Secretary determines that
the agency has made such repayments. The Secretary shall pay to
the guaranty agency any funds withheld in accordance with this
paragraph immediately upon making the determination that the
guaranty agency has made all such repayments.
(5) Waiver
The Secretary may -
(A) waive the requirements of paragraph (3), but only with
respect to repayment of interest that was transferred in
accordance with paragraph (2); and
(B) waive paragraph (4);
for a guaranty agency, if the Secretary determines that there are
extenuating circumstances (such as State constitutional
prohibitions) beyond the control of the agency that justify such
a waiver.
(6) Extension of repayment period for interest
(A) Extension permitted
The Secretary shall extend the period for repayment of
interest that was transferred in accordance with paragraph (2)
from 2 years to 5 years if the Secretary determines that -
(i) the cash flow of the Operating Fund will be negative as
a result of repayment as required by paragraph (3);
(ii) the repayment of the interest transferred will
substantially diminish the financial circumstances of the
guaranty agency; and
(iii) the guaranty agency has demonstrated -
(I) that the agency is able to repay all transferred
funds by the end of the 8th year following the date of
establishment of the Operating Fund; and
(II) that the agency will be financially sound on the
completion of repayment.
(B) Repayment of income on transferred funds
All repayments made to the Federal Fund during the 6th, 7th,
and 8th years following the establishment of the Operating Fund
of interest that was transferred shall include the sums
transferred plus any income earned from the investment of the
sums transferred after the 5th year.
(7) Investment of Federal funds
Funds transferred from the Federal Fund to the Operating Fund
for operating expenses shall be invested in obligations issued or
guaranteed by the United States or a State, or in other similarly
low-risk securities selected by the guaranty agency, with the
approval of the Secretary.
(8) Special rule
In calculating the minimum reserve level required by section
1078(c)(9)(A) of this title, the Secretary shall include all
amounts owed to the Federal Fund by the guaranty agency in the
calculation.
-SOURCE-
(Pub. L. 89-329, title IV, Sec. 422A, as added Pub. L. 105-244,
title IV, Sec. 413(a), Oct. 7, 1998, 112 Stat. 1674.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an
Effective Date of 1998 Amendment note under section 1001 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1072, 1072b, 1078, 1087h
of this title.
-CITE-
20 USC Sec. 1072b 01/06/03
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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