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20 U.S.C. § 1070c — Carryover and carryback authority

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

20 U.S.C. § 1070c — Carryover and carryback authority

**(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.

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Stable record: federal_law:legal_authorities:record_usc_870da1cd2341dedcabadd197
Source file: Laws/federal/codes/united-states-code/title-20/section-1070c-carryover-and-carryback-authority--75e5c25251.md
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Source location: Title 20, Chapter 28, § 1070c; chapter-028-higher-education-resources-and-student-assistance.md

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**(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.

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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

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

20 U.S.C. § 1070a–12 — Program authority; authorization of appropriations

**(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), the Secretary is authorized, without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim), to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, including community-based organizations with experience in serving disadvantaged youth, combinations of such institutions, agencies and organizations, and, as appropriate to the purposes of the program, 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 5 years, except that— (A) in order to synchronize the awarding of grants for programs under this division, the Secretary may, under such terms as are consistent with the purposes of this division, provide a one-time, limited extension of the length of such an award; (B) grants made under [section 1070a–17 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a-17&num=0&editio

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

20 U.S.C. § 1070c — Purpose; appropriations authorized

Page 370 TITLE 20—EDUCATION § 1070c § 1070c. Purpose; appropriations authorized (a) Purpose of subpart It is the purpose of this subpart to make in- centive grants available to States to assist States in— (1) providing grants to— (A) eligible students attending institutions of higher education or participating in pro- grams 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 to carry out this subpart $200,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. (2) Reservation For any fiscal year for which the amount ap- propriated under paragraph (1) exceeds $30,000,000, the excess amount shall be avail- able to carry out section 1070c–3a of this title. (3) Availability Sums appropriated pursuant to the author- ity 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. (Pub. L. 89–329, title IV, § 415A, as added Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1332; amended Pub. L. 102–325, title IV, § 404(a), July 23, 1992, 106 Stat. 506; Pub. L. 105–244, title IV, § 407(b), (c)(1), Oct. 7, 1998, 112 Stat. 1666, 1667; Pub. L. 106–554, § 1(a)(1) [title III, § 316(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–47; Pub. L. 110–315, title IV, § 407(a), Aug. 14, 2008, 122 Stat. 3215.) Editorial Notes PRIOR PROVISION

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