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20 U.S.C. § 123 — Annual appropriations; inspection by Secretary of Education
Federal law — U.S. Code and appendices · legal_authorities
Annual appropriations are authorized to aid in the construction, development, improvement, endowment, and maintenance of the university, no part of which shall be used for religious instruction. The university shall at all times be open to inspection by the Secretary of Education and shall be inspected by the said Secretary at least once each year.
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Source file: Laws/federal/codes/united-states-code/title-20/section-123-annual-appropriations-inspection-by-secretary-of-education--6aa270bde5.md
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Source location: Title 20, Chapter 8, § 123; chapter-008-howard-university.md
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Annual appropriations are authorized to aid in the construction, development, improvement, endowment, and maintenance of the university, no part of which shall be used for religious instruction. The university shall at all times be open to inspection by the Secretary of Education and shall be inspected by the said Secretary at least once each year.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
(1) the term “endowment fund” means a fund, or a tax exempt foundation, established and maintained by Howard University for the purpose of generating income for its support, but which shall not include real estate;
(2) the term “endowment fund corpus” means an amount equal to the grants awarded under this subchapter plus an amount equal to such grants provided by Howard University;
(3) the term “endowment fund income” means an amount equal to the total value of the endowment fund established under this subchapter minus the endowment fund corpus;
(4) the term “Secretary” means the Secretary of Education; and
(5) the term “University” means the Howard University established by the Act of March 2, 1867.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 130aa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.
**(b) Definitions** In this section:
(1) **Eligible institution** — The term “eligible institution” means an institution of higher education that—
(A) has an enrollment of needy undergraduate students;
(B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in [section 1068a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068a/b&num=0&edition=prelim) to this subparagraph in the same manner as the Secretary applies the waiver requirements to [section 1058(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1058/b/1/B&num=0&edition=prelim);
(C) has an enrollment of undergraduate students that is not less than 40 percent Black American students;
(D) is legally authorized to provide, and provides, within the State an educational program for which the institution of higher education awards a baccalaureate degree or, in the case of a junior or community college, an associate’s degree;
(E) 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; and
(F) is not receiving assistance under—
(i) part B
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1059f
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1063a
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Federal law — U.S. Code and appendices · legal_authorities
**(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 $1,100,000,000, of which—
(1) not more than $733,333,333 shall be used for loans to eligible institutions that are private historically Black colleges and universities; and
(2) not more than $366,666,667 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section123&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.]), or disab
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1066d
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1068
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Federal law — U.S. Code and appendices · legal_authorities
Page 88
TITLE 20—EDUCATION
§ 122
Functions of Department of the Interior relating to
administration of Howard University transferred to
Federal Security Agency to be administered under di-
rection and supervision of Federal Security Adminis-
trator, and annual report required to be furnished to
Secretary of the Interior by President and directors of
said University was directed to be furnished to Federal
Security Administrator, by Reorg. Plan No. IV of 1940,
set out in the Appendix to Title 5.
§ 122. Limitation on use of appropriations
No part of the appropriations made by Con-
gress for the Howard University shall be used,
directly or indirectly, for the support of the
theological department of said university, nor
for the support of any sectarian, denomina-
tional, or religious instruction therein; and no
part thereof shall be paid to said university
until it shall accord to the Secretary of Edu-
cation, or to his designated agent or agents, au-
thority to visit and inspect such university and
to control and supervise the expenditure therein
of all moneys paid under said appropriations.
(Mar. 3, 1899, ch. 424, 30 Stat. 1101; 1940 Reorg.
Plan No. IV, § 11(c), eff. June 30, 1940, 5 F.R. 2422,
54 Stat. 1237; 1953 Reorg. Plan No. 1, §§ 5, 8, eff.
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.
96–88, title III, § 301(a)(2)(M), title V, § 507, Oct.
17, 1979, 93 Stat. 678, 692.)
Editorial Notes
PRIOR PROVISIONS
Similar prior provisions were contained in act July 1,
1898, ch. 546, 30 Stat. 624.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
‘‘Secretary of Education’’ substituted in text for
‘‘Secretary of Health, Education, and Welfare’’ pursu-
ant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88,
which are classified to sectio
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 123
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