20 U.S.C. § 1067q — Investment in historically Black colleges

Page 316 TITLE 20—EDUCATION § 1067l 1 So in original. Probably should not be capitalized. (Pub. L. 89–329, title III, § 365, formerly title X, § 1046, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1566; renumbered title III, § 365, and amended Pub. L. 105–244, title III, §§ 301(a)(5), (7), 307(c), Oct. 7, 1998, 112 Stat. 1636, 1648; Pub. L. 110–315, title III, § 320(3), Aug. 14, 2008, 122 Stat. 3187.) Editorial Notes CODIFICATION Section was formerly classified to section 1135d–5 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 2008—Par. (9)(A). Pub. L. 110–315 substituted ‘‘sup- ports’’ for ‘‘support’’ in introductory provisions. 1998—Par. (4). Pub. L. 105–244, § 307(c), inserted ‘‘be- havioral,’’ after ‘‘physical,’’. Statutory Notes and Related Subsidiaries 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 1067l. Repealed. Pub. L. 105–244, title III, § 301(a)(8), Oct. 7, 1998, 112 Stat. 1636 Section, Pub. L. 89–329, title III, § 366, formerly title X, § 1047, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1567; amended Pub. L. 100–418, title VI, § 6221, Aug. 23, 1988, 102 Stat. 1518; Pub. L. 102–325, title X, § 1002(f), July 23, 1992, 106 Stat. 780; renumbered title III, § 366, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, authorized appropriations to carry out Fund for Improvement of Postsecondary Education program. Editorial Notes CODIFICATION Section was formerly classified to section 1135d–6 of this title prior to renumbering by Pub. L. 105–244. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1998, except as otherwise pro- vided 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. PART F—STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER MI- NORITY-SERVING INSTITUTIONS Editorial Notes CODIFICATION Part F of title III of Pub. L. 89–329, comprising this part, was originally added as part J of title IV of Pub. L. 89–329 by Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817, and was classified to part I (§ 1099e) of sub- chapter IV of this chapter. Part J of title IV of Pub. L. 89–329 was subsequently redesignated part F of title III of Pub. L. 89–329 by Pub. L. 110–315, title III, § 316(a)(2), Aug. 14, 2008, 122 Stat. 3185, and transferred to this part. PRIOR PROVISIONS A prior part F [§ 1068 et seq.] of this subchapter was redesignated part G by Pub. L. 110–315, title III, § 316(a)(1), Aug. 14, 2008, 122 Stat. 3185. § 1067q. Investment in historically Black colleges and universities and other minority-serving institutions (a) Eligible institution An institution of higher education is eligible to receive funds from the amounts made avail- able under this section if such institution is— (1) a part B institution (as defined in section 1061 of this title); (2) a Hispanic-serving institution (as defined in section 1101a of this title); (3) a Tribal College or University (as defined in section 1059c of this title); (4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as de- fined in section 1059d(b) of this title); (5) a Predominantly Black Institution (as defined in subsection (c)); (6) an Asian American and Native American Pacific Islander-serving institution (as defined in subsection (c)); or (7) a Native American-serving nontribal in- stitution (as defined in subsection (c)). (b) New investment of funds (1) In general (A) Provision of funds There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $255,000,000 for fiscal year 2020 and each fiscal year thereafter. (B) Availability Funds made available under subparagraph (A) for a fiscal year shall remain available for the next succeeding fiscal year. (2) Allocation and allotment (A) In general Of the amounts made available under para- graph (1) for each fiscal year— (i) $100,000,000 shall be available for allo- cation under subparagraph (B); (ii) $100,000,000 shall be available for allo- cation under subparagraph (C); and (iii) $55,000,000 shall be available for allo- cation under subparagraph (D). (B) HSI STEM and articulation programs The amount made available for allocation under this subparagraph by subparagraph (A)(i) for any fiscal year shall be available for Hispanic-serving Institutions 1 for activi- ties described in section 1101b of this title, with a priority given to applications that propose— (i) to increase the number of Hispanic and other low income students attaining degrees in the fields of science, tech- nology, engineering, or mathematics; and (ii) to develop model transfer and articu- lation agreements between 2-year His- panic-serving institutions and 4-year insti- tutions in such fields. (C) Allocation and allotment HBCUs and PBIs From the amount made available for allo- cation under this subparagraph by subpara- graph (A)(ii) for any fiscal year— Page 317 TITLE 20—EDUCATION § 1067q (i) 85 percent shall be available to eligi- ble institutions described in subsection (a)(1) and shall be made available as grants under section 1062 of this title and allotted among such institutions under section 1063 of this title, treating such amount, plus the amount appropriated for such fiscal year in a regular or supplemental appro- priation Act to carry out part B of this subchapter, as the amount appropriated to carry out part B of this subchapter for pur- poses of allotments under section 1063 of this title, for use by such institutions with a priority for— (I) activities described in paragraphs (1), (2), (4), (5), and (10) of section 1062(a) of this title; and (II) other activities, consistent with the institution’s comprehensive plan and designed to increase the institution’s ca- pacity to prepare students for careers in the physical or natural sciences, mathe- matics, computer science or information technology or sciences, engineering, lan- guage instruction in the less-commonly taught languages or international af- fairs, or nursing or allied health profes- sions; and (ii) 15 percent shall be available to eligi- ble institutions described in subsection (a)(5) and shall be available for a competi- tive grant program to award 25 grants of $600,000 annually for programs in any of the following areas: (I) science, technology, engineering, or mathematics (STEM); (II) health education; (III) internationalization or globalization; (IV) teacher preparation; or (V) improving educational outcomes of African American males. (D) Allocation and allotment to other minor- ity-serving institutions From the amount made available for allo- cation under this subparagraph by subpara- graph (A)(iii) for any fiscal year— (i) $30,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(3) and shall be made available as grants under section 1059c of this title, treating such $30,000,000 as part of the amount appropriated for such fiscal year in a regular or supplemental appro- priation Act to carry out such section, and using such $30,000,000 for purposes de- scribed in subsection (c) of such section; (ii) $15,000,000 for such fiscal year shall be available to eligible institutions de- scribed in subsection (a)(4) and shall be made available as grants under section 1059d of this title, treating such $15,000,000 as part of the amount appropriated for such fiscal year in a regular or supple- mental appropriation Act to carry out such section and using such $15,000,000 for purposes described in subsection (c) of such section; (iii) $5,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(6) for activities described in section 1057(c) of this title; and (iv) $5,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(7)— (I) to plan, develop, undertake, and carry out activities to improve and ex- pand such institutions’ capacity to serve Native Americans, which may include— (aa) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including in- structional and research purposes; (bb) renovation and improvement in classroom, library, laboratory, and other instructional facilities; (cc) support of faculty exchanges, faculty development, and faculty fel- lowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction; (dd) curriculum development and academic instruction; (ee) the purchase of library books, periodicals, microfilm, and other edu- cational materials; (ff) funds and administrative man- agement, and acquisition of equipment for use in strengthening funds manage- ment; (gg) the joint use of facilities such as laboratories and libraries; and (hh) academic tutoring and coun- seling programs and student support services; and (II) to which the Secretary, to the ex- tent possible and consistent with a com- petitive process under which such grants are awarded, allocates funds under this clause to ensure maximum and equitable distribution among all such eligible in- stitutions. (c) Definitions (1) Asian American The term ‘‘Asian American’’ has the mean- ing given the term ‘‘Asian’’ in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Fed- eral Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789). (2) Asian American and Native American Pa- cific Islander-serving institution The term ‘‘Asian American and Native American Pacific Islander-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 en- rollment of undergraduate students that is at least 10 percent Asian American and Na- tive American Pacific Islander students. (3) Enrollment of needy students The term ‘‘enrollment of needy students’’ means the enrollment at an institution of higher education with respect to which not less than 50 percent of the undergraduate stu- dents enrolled in an academic program leading to a degree— Page 318 TITLE 20—EDUCATION § 1067q (A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year; (B) come from families that receive bene- fits under a means-tested Federal benefit program (as defined in paragraph (5)); (C) attended a public or nonprofit private secondary school— (i) that is in the school district of a local educational agency that was eligible for assistance under part A of title I of the El- ementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and (ii) which for the purpose of this para- graph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State edu- cational agency of the State in which the school is located) to be a school in which the enrollment of children counted under a measure of poverty described in section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or (D) are first-generation college students (as that term is defined in section 1070a–11(h) of this title), and a majority of such first- generation college students are low-income individuals. (4) Low-income individual The term ‘‘low-income individual’’ has the meaning given such term in section 1070a–11(h) of this title. (5) Means-tested Federal benefit program The term ‘‘means-tested Federal benefit pro- gram’’ means a program of the Federal Gov- ernment, other than a program under sub- chapter IV, in which eligibility for the pro- grams’ benefits or the amount of such benefits are determined on the basis of income or re- sources of the individual or family seeking the benefit. (6) Native American The term ‘‘Native American’’ means an indi- vidual who is of a tribe, people, or culture that is indigenous to the United States. (7) Native American Pacific Islander The term ‘‘Native American Pacific Is- lander’’ means any descendant of the aborigi- nal people of any island in the Pacific Ocean that is a territory or possession of the United States. (8) Native American-serving nontribal institu- tion The term ‘‘Native American-serving non- tribal institution’’ means an institution of higher education that— (A) at the time of application— (i) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and (ii) is not a Tribal College or University (as defined in section 1059c of this title); and (B) submits to the Secretary such enroll- ment data as may be necessary to dem- onstrate that the institution is described in subparagraph (A), along with such other in- formation and data as the Secretary may by regulation require. (9) Predominantly Black institution The term ‘‘Predominantly Black institu- tion’’ means an institution of higher edu- cation that— (A) has an enrollment of needy students as defined by paragraph (3); (B) has an average educational and general expenditure which is low, per full-time equivalent undergraduate student in com- parison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions of higher education that offer similar instruc- tion, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title; (C) has an enrollment of undergraduate students— (i) that is at least 40 percent Black American students; (ii) that is at least 1,000 undergraduate students; (iii) of which not less than 50 percent of the undergraduate students enrolled at the institution are low-income individuals or first-generation college students (as that term is defined in section 1070a–11(h) of this title); and (iv) of which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bach- elor’s or associate’s degree that the insti- tution is licensed to award by the State in which the institution is located; (D) is legally authorized to provide, and provides within the State, an educational program for which the institution of higher education awards a bachelor’s degree, or in the case of a junior or community college, an associate’s degree; (E) is accredited by a nationally recog- nized accrediting agency or association de- termined by the Secretary to be a reliable authority as to the quality of training of- fered, or is, according to such an agency or association, making reasonable progress to- ward accreditation; and (F) is not receiving assistance under— (i) part B; (ii) part A of subchapter V; or (iii) an annual authorization of appro- priations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123). (Pub. L. 89–329, title III, § 371, formerly title IV, § 499A, as added Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817; renumbered title III, § 371, and amended Pub. L. 110–315, title III, § 316(a)(3), (b), (c), Aug. 14, 2008, 122 Stat. 3185; Pub. L. 111–39, title III, § 301(7), July 1, 2009, 123 Stat. 1937; Pub. L. 111–152, title II, § 2103, Mar. 30, Page 319 TITLE 20—EDUCATION § 1068 2010, 124 Stat. 1074; Pub. L. 116–91, § 2, Dec. 19, 2019, 133 Stat. 1189.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(3)(C)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of sub- chapter I of chapter 70 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Act of March 2, 1867, referred to in subsec. (c)(9)(F)(iii), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Pro- visions relating to authorization of appropriations are contained in section 8 of the Act, which is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1099e of this title prior to renumbering by Pub. L. 110–315. AMENDMENTS 2019—Subsec. (b)(1)(A). Pub. L. 116–91 substituted ‘‘for fiscal year 2020 and each fiscal year thereafter.’’ for ‘‘for each of the fiscal years 2008 through 2019. The au- thority to award grants under this section shall expire at the end of fiscal year 2019.’’ 2010—Subsec. (b)(1)(A). Pub. L. 111–152 substituted ‘‘through 2019. The authority to award grants under this section shall expire at the end of fiscal year 2019.’’ for ‘‘and 2009. The authority to award grants under this section shall expire at the end of fiscal year 2009.’’ 2009—Subsec. (c)(3)(D), (4), (9)(C)(iii). Pub. L. 111–39, § 301(7)(A)–(C)(i), substituted ‘‘1070a–11(h)’’ for ‘‘1070a–11(g)’’. Subsec. (c)(9)(F). Pub. L. 111–39, § 301(7)(C)(ii), amend- ed subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘is not receiving assistance under part B of this subchapter.’’ 2008—Subsec. (b)(1). Pub. L. 110–315, § 316(c), amended par. (1) generally. Prior to amendment, text read as fol- lows: ‘‘There shall be available to the Secretary to carry out this section, from funds not otherwise appro- priated, $255,000,000 for each of the fiscal years 2008 and 2009. The authority to award grants under this section shall expire at the end of fiscal year 2009.’’ Subsec. (b)(2)(C)(i). Pub. L. 110–315, § 316(b)(1), sub- stituted ‘‘this subchapter’’ for ‘‘subchapter III’’ in two places. Subsec. (c)(9)(F). Pub. L. 110–315, § 316(b)(2), sub- stituted ‘‘this subchapter’’ for ‘‘subchapter III’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE Section effective Oct. 1, 2007, see section 1(c) of Pub. L. 110–84, set out as an Effective Date of 2007 Amend- ment note under section 1070a of this title. PART G—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 110–315, title III, § 316(a)(1), Aug. 14, 2008, 122 Stat. 3185, redesignated part F (§ 1068 et seq.) of this subchapter as part G of this subchapter. § 1068. Applications for assistance (a) Applications (1) Applications required Any institution which is eligible for assist- ance 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 avail- ability of appropriations to carry out this sub- chapter, the Secretary may approve an appli- cation for assistance under this subchapter only if the Secretary determines that— (A) the application meets the require- ments of subsection (b); (B) the applicant is eligible for assistance in accordance with the part of this sub- chapter 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 ob- jectives 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 prior to the submission of the principal appli- cation. (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) will develop, a comprehensive devel- opment plan to strengthen the institution’s academic quality and institutional manage- ment, and otherwise provide for institutional self-sufficiency and growth (including measur- able objectives for the institution and the Sec- retary to use in monitoring the effectiveness of activities under this subchapter); (2) set forth policies and procedures to en- sure that Federal funds made available under this subchapter for any fiscal year will be used to supplement and, to the extent practical, in- crease 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 eval- uating 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