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20 U.S.C. § 1070b–3 — Agreements with institutions; selection of recipients

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1070b–3 — Agreements with institutions; selection of recipients

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Source file: Laws/federal/codes/united-states-code/title-20/section-1070b3-agreements-with-institutions-selection-of-recipients--59f0006c46.md
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Source location: Title 20, Chapter 28, § 1070b–3; chapter-028-higher-education-resources-and-student-assistance.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), and within the amount allocated to the institution for that purpose for that year under [section 1070b–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070b-3&num=0&edition=prelim), select individuals who are to be awarded such grants and determine, in accordance with [section 1070b–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070b-1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim). (B) For the purpose of subparagraph (A), the term “students with exceptional need” means students with the lowest student aid indexes 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1096&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1070a — Statement of purpose; program authorization

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091&num=0&edition=prelim)) 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 9 of this part, carry out programs to achieve the purposes of this part.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070a

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1096 — Administrative expenses

**(a) Amount of payments** From the sums appropriated for any fiscal year for the purpose of the program authorized under subpart 1 of part A of this subchapter, the Secretary shall reserve such sums as may be necessary to pay to each institution with which he has an agreement under [section 1094 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), an amount equal to $5 for each student at that institution who receives assistance under subpart 1 of part A. In addition, an institution which has entered into an agreement with the Secretary under subpart 3 of part A or part C,11 So in original. of this subchapter or under part E of this subchapter shall be entitled for each fiscal year which such institution disburses funds to eligible students under any such part to a payment for the purpose set forth in subsection (b). The payment for a fiscal year shall be payable from each such allotment by payment in accordance with regulations of the Secretary and shall be equal to 5 percent of the institution’s first $2,750,000 of expenditures plus 4 percent of the institution’s expenditures greater than $2,750,000 and less than $5,500,000, plus 3 percent of the institution’s expenditures in excess of $5,500,000 during the fiscal year from the sum of its grants to students under subpart 3 of part A, its expenditures during such fiscal year under part C for compensation of students, and the principal amount of loans made during such fiscal year from its student loan fund established under part E, excluding the principal amount of any such loans which the institution has referred under [section 1087cc(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087cc/a/4/B&num=0&e

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1096

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1095 — Transfer of allotments

In order to offer an arrangement of types of aid, including institutional and State aid which best fits the needs of each individual student, an institution may (1) transfer a total of 25 percent of the institutions 11 So in original. Probably should be “institution’s”. allotment under [section 1087bb of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087bb&num=0&edition=prelim) to the institution’s allotment under section 1070b–3 or 1087–52 of this title (or both); (2) transfer 25 percent of the institution’s allotment under [section 1087–52 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-52&num=0&edition=prelim) to the institution’s allotment under section 1070b–3 or 1087bb of this title (or both); and (3) transfer 25 percent of the institution’s allotment under [section 1070b–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070b-3&num=0&edition=prelim) to the institution’s allotment under [section 1087–52 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087-52&num=0&edition=prelim). Funds transferred to an institution’s allotment under another section may be used as a part of and for the same purposes as funds allotted under that section. The Secretary shall have no control over such transfer, except as specifically authorized, except for the collection and dissemination of information.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1095

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1051 — Authorization of appropriations

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1051

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1091 — Student eligibility

**(a) In general** In order to receive any grant, loan, or work assistance under this subchapter, a student must— (1) be enrolled or accepted for enrollment in a degree, certificate, or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an institution of higher education that is an eligible institution in accordance with the provisions of [section 1094 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim), except as provided in subsections (b)(3) and (b)(4), and not be enrolled in an elementary or secondary school; (2) if the student is presently enrolled at an institution, be maintaining satisfactory progress in the course of study the student is pursuing in accordance with the provisions of subsection (c);(q) (3) not owe a refund on grants previously received at any institution under this subchapter, or be in default on any loan from a student loan fund at any institution provided for in part E, or a loan made, insured, or guaranteed by the Secretary under this subchapter for attendance at any institution; (4) file with the Secretary, as part of the original financial aid application process, a certification, which need not be notarized, but which shall include— (A) a statement of educational purpose stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attendance at such institution; and (B) such student’s social security number; (5) be a citizen or national of the United States, a permanent resident of the United States, or able to provide evidence from the Immigration and N

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1091

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1094 — Program participation agreements

**(a) Required for programs of assistance; contents** In order to be an eligible institution for the purposes of any program authorized under this subchapter, an institution must be an institution of higher education or an eligible institution (as that term is defined for the purpose of that program) and shall, except with respect to a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements: (1) The institution will use funds received by it for any program under this subchapter and any interest or other earnings thereon solely for the purpose specified in and in accordance with the provision of that program. (2) The institution shall not charge any student a fee for processing or handling any application, form, or data required to determine the student’s eligibility for assistance under this subchapter or the amount of such assistance. (3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Secretary or from students under this subchapter, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to— (A) the Secretary; (B) the appropriate guaranty agency; and (C) the appropriate accrediting agency or association. (4) The institution will comply with the provisions of subsection (c) of this section and the regulations prescribed under that subsection, relating to fiscal eligibili

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1094

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