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20 U.S.C. § 1063 — Grants to institutions
Federal law — U.S. Code and appendices · legal_authorities
**(a) General authorization; uses of funds** From amounts available under [section 1068h(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068h/a/2&num=0&edition=prelim) for any fiscal year, the Secretary shall make grants (under [section 1063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063&num=0&edition=prelim)) to institutions which have applications approved by the Secretary (under [section 1063a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063a&num=0&edition=prelim)) for any of the following uses:
(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) Estab
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Source location: Title 20, Chapter 28, § 1063; chapter-028-higher-education-resources-and-student-assistance.md
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**(a) General authorization; uses of funds** From amounts available under [section 1068h(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068h/a/2&num=0&edition=prelim) for any fiscal year, the Secretary shall make grants (under [section 1063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063&num=0&edition=prelim)) to institutions which have applications approved by the Secretary (under [section 1063a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063a&num=0&edition=prelim)) for any of the following uses:
(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) Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.
(13) Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under subchapter IV.
(14) Services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose.
(15) Other activities proposed in the application submitted pursuant to [section 1063a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063a&num=0&edition=prelim) 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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorizations**
(1) **Part A**
(A) There are authorized to be appropriated to carry out part A (other than sections 1059c through 1059g of this title), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(B) There are authorized to be appropriated to carry out [section 1059c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(C) There are authorized to be appropriated to carry out [section 1059d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059d&num=0&edition=prelim), $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(D) There are authorized to be appropriated to carry out [section 1059e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059e&num=0&edition=prelim), $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years.
(E) There are authorized to be appropriated to carry out [section 1059f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059f&num=0&edition=prelim), $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(F) There are authorized to be appropriated to carry out [section 1059g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059g&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(2) **Part
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Federal law — U.S. Code and appendices · legal_authorities
**(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) through (c), and subject to subsection (h), if the amount of an award under this section for a part B institution, based on the data provided by the part B institution and the formula under subsections (a) through (c), would be—
(A) an amount that is greater than $250,000 but less than $500,000, the Secretary shall a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of Proceeding.—** If the director of a facility in which a person is hospitalized certifies that a person in the custody of the Bureau of Prisons whose sentence is about to expire, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, and that suitable arrangements for State custody and care of the person are not available, he shall transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section.
**(b) Psychiatric or Psychological Examination and Report.—** Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).
**(c) Hearing.—** The hearing shall be cond
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents** No part B institution shall be entitled to its allotment of Federal funds for any grant under [section 1063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063&num=0&edition=prelim) for any period unless that institution meets the requirements of subparagraphs (C), (D), and (E) 11 See References in Text note below. of [section 1058(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1058/b/1&num=0&edition=prelim) 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—
(1) provide that the payments under this chapter will be used for the purposes set forth in [section 1062 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1062&num=0&edition=prelim); 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)
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Federal law — U.S. Code and appendices · legal_authorities
**(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 or would be considered to be such an institution if [section 1058(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1058/b/1/C&num=0&edition=prelim) referred to a postgraduate degree rather than a bachelor’s degree;
(II) institution eligible for assistance under part B or would be considered to be such an institution if [section 1063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063&num=0&edition=prelim) referred to a postgraduate degree rather than a baccalaureate degree; or
(III) institution
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible institution** An institution of higher education is eligible to receive funds from the amounts made available under this section if such institution is—
(1) a part B institution (as defined in [section 1061 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1061&num=0&edition=prelim));
(2) a Hispanic-serving institution (as defined in [section 1101a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a&num=0&edition=prelim));
(3) a Tribal College or University (as defined in [section 1059c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c&num=0&edition=prelim));
(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in [section 1059d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059d/b&num=0&edition=prelim));
(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 institution (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 paragraph (1) for each fiscal year—
(i) $100,000,000 sha
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Waiver requirements; need-based assistance students** The Secretary may waive the requirements set forth in [section 1058(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1058/b/1/A&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1801&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-sect
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Federal law — U.S. Code and appendices · legal_authorities
Page 292
TITLE 20—EDUCATION
§ 1063
Subsec. (a)(12) to (15). Pub. L. 110–315, § 309(2), (3),
added pars. (12) to (14) and redesignated former par. (12)
as (15).
1998—Subsecs. (b), (c). Pub. L. 105–244, § 304(a)(1), (2),
added subsec. (b) and redesignated former subsec. (b) as
(c).
Subsec. (c)(3). Pub. L. 105–244, § 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, § 303(a)(1), in-
serted ‘‘, including purchase or rental of telecommuni-
cations technology equipment or services’’ after ‘‘fa-
cilities’’.
Subsec. (a)(5). Pub. L. 102–325, § 303(a)(2), inserted
‘‘, including telecommunications program materials’’
after ‘‘materials’’.
Subsec. (a)(9) to (12). Pub. L. 102–325, § 303(a)(3), added
pars. (9) to (12).
Subsec. (b)(3). Pub. L. 102–325, § 303(b), added par. (3).
1988—Subsec. (a)(3). Pub. L. 100–369, § 10(b)(1), inserted
‘‘, and faculty development’’ after ‘‘exchanges’’.
Subsec. (a)(7), (8). Pub. L. 100–369, § 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’’.
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 OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 1, 1998,
excep
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