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20 U.S.C. § 1068e — Assistance to institutions under other programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance eligibility** Each institution which the Secretary determines to be an institution eligible under part A or an institution eligible under part B may be eligible for waivers in accordance with subsection (b).
**(b) Waiver applicability**
(1) Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by an institution referred to in subsection (a) for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such application is otherwise approvable, to waive any requirement for a non-Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions.
(2) The provisions of this section shall apply to any program authorized by part D or subchapter IV of this chapter.
**(c) Limitation** The Secretary shall not waive, under subsection (b), the non-Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year.
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Stable record: federal_law:legal_authorities:record_usc_8c3a0d18efb6cbc8f20d9ea6
Source file: Laws/federal/codes/united-states-code/title-20/section-1068e-assistance-to-institutions-under-other-programs--db43539931.md
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Source location: Title 20, Chapter 28, § 1068e; chapter-028-higher-education-resources-and-student-assistance.md
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**(a) Assistance eligibility** Each institution which the Secretary determines to be an institution eligible under part A or an institution eligible under part B may be eligible for waivers in accordance with subsection (b).
**(b) Waiver applicability**
(1) Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by an institution referred to in subsection (a) for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such application is otherwise approvable, to waive any requirement for a non-Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions.
(2) The provisions of this section shall apply to any program authorized by part D or subchapter IV of this chapter.
**(c) Limitation** The Secretary shall not waive, under subsection (b), the non-Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year.
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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
The Secretary shall develop an evaluation and accountability plan for projects funded under this subpart. Such plan shall include, if the Secretary determines that it is practical, an objective measure of the impact of such projects, such as a measure of whether underrepresented minority student enrollment in courses related to science, technology, engineering, and mathematics increases at the secondary and postsecondary levels.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applications**
(1) **Applications required** — Any institution which is eligible for assistance 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 availability of appropriations to carry out this subchapter, the Secretary may approve an application for assistance under this subchapter only if the Secretary determines that—
(A) the application meets the requirements of subsection (b);
(B) the applicant is eligible for assistance in accordance with the part of this subchapter 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 objectives 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 application.
**(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 development plan to strengthen the institution’s academic quality and institutional management, and otherwise provide for institutional self-sufficiency and growth (including measurable objectives for the institution and the Secretary to use in monitoring the effectiveness of activities under this subchapter);
(2) s
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Federal law — U.S. Code and appendices · legal_authorities
Page 324
TITLE 20—EDUCATION
§ 1068e
tion is otherwise approvable, to waive any re-
quirement for a non-Federal share of the cost of
the program or project, or, to the extent not in-
consistent with other law, to give, or require to
be given, priority consideration of the applica-
tion in relation to applications from other insti-
tutions.
(2) The provisions of this section shall apply to
any program authorized by part D or subchapter
IV of this chapter.
(c) Limitation
The Secretary shall not waive, under sub-
section (b), the non-Federal share requirement
for any program for applications which, if ap-
proved, would require the expenditure of more
than 10 percent of the appropriations for the
program for any fiscal year.
(Pub. L. 89–329, title III, § 395, formerly § 356, as
added Pub. L. 99–498, title III, § 301(a), Oct. 17,
1986, 100 Stat. 1306; amended Pub. L. 102–325, title
III, § 305(d), July 23, 1992, 106 Stat. 478; Pub. L.
104–208, div. A, title I, § 101(e) [title VII, § 709(d)],
Sept. 30, 1996, 110 Stat. 3009–233, 3009–314; renum-
bered § 395 and amended Pub. L. 105–244, title III,
§§ 301(a)(2), 308(f), Oct. 7, 1998, 112 Stat. 1636, 1649.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 1069b of
this title prior to renumbering by Pub. L. 105–244.
AMENDMENTS
1998—Subsec. (b)(2). Pub. L. 105–244, § 308(f), sub-
stituted ‘‘part D or subchapter IV of this chapter’’ for
‘‘subchapter IV, VII, or VIII of this chapter’’.
1996—Subsec. (b)(2). Pub. L. 104–208 struck out ‘‘II,’’
after ‘‘authorized by subchapter’’.
1992—Subsec. (a). Pub. L. 102–325 substituted ‘‘may be
eligible’’ for ‘‘shall be eligible’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct.
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1068e
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