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20 U.S.C. § 1051 — Authorization of appropriations
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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Stable record: federal_law:legal_authorities:record_usc_bfb652124e68d8de3d5c13d5
Source file: Laws/federal/codes/united-states-code/title-20/section-1051-authorization-of-appropriations--66f641ae53.md
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Source location: Title 20, Chapter 28, § 1051; chapter-028-higher-education-resources-and-student-assistance.md
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**(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 B**
(A) There are authorized to be appropriated to carry out part B (other than [section 1063b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063b&num=0&edition=prelim)), $375,000,000 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 1063b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063b&num=0&edition=prelim), $125,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(3) **Part C** — There are authorized to be appropriated to carry out part C, $10,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(4) **Part D**
(A) There are authorized to be appropriated to carry out part D (other than [section 1066d(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066d/9&num=0&edition=prelim), but including [section 1066f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066f&num=0&edition=prelim)), $185,000 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 1066d(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066d/9&num=0&edition=prelim) such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
(5) **Part E**
(A) There are authorized to be appropriated to carry out subpart 1 of part E, $12,000,000 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 subpart 2 of part E, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
**(b) Use of multiple year awards** In the event of a multiple year award to any institution under this subchapter, the Secretary shall make funds available for such award from funds appropriated for this subchapter for the fiscal year in which such funds are to be used by the recipient.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program authorized** The Secretary shall provide grants and related assistance to Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve Indian students.
**(b) Definitions** In this section:
(1) **Indian** — The term “Indian” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [[25 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1801&num=0&edition=prelim)].
(2) **Indian tribe** — The term “Indian tribe” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [[25 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1801&num=0&edition=prelim)].
(3) **Tribal College or University** — The term “Tribal College or University” means an institution that—
(A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ([25 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1801&num=0&edition=prelim) et seq.) or the Navajo Community College Act ([25 U.S.C. 640a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section640a&num=0&edition=prelim) note); 11 See References in Text note below. or
(B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ([7 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section301&num=0&edition=prelim) note).
(4) **Institution of higher education** — The term “institution of higher education” means an institution of higher education as defined in [section 1001(a) of this title](https://uscode.house.gov/view.xhtml?req=gra
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program authorized** The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans and low-income individuals.
**(b) Definitions** In this section:
(1) **Native American** — The term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States.
(2) **Native American-serving, nontribal institution** — The term “Native American-serving, nontribal institution” means an institution of higher education, as defined in [section 1001(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim), that, at the time of application—
(A) is an eligible institution under [section 1058(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1058/b&num=0&edition=prelim);
(B) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and
(C) is not 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)).
**(c) Authorized activities**
(1) **Types of activities authorized** — Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans and low-income individuals.
(2) **Examples of authorized activities** — Such programs may include—
(A) the purchase, rental, or lease of scientific or laboratory equipment for educational
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** The Secretary may make grants to encourage cooperative arrangements—
(1) with funds available to carry out part A, between institutions eligible for assistance under part A and between such institutions and institutions not receiving assistance under this subchapter; or
(2) with funds available to carry out part B, between institutions eligible for assistance under part B and institutions not receiving assistance under this subchapter;
for the activities described in [section 1057(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1057/b&num=0&edition=prelim) or [section 1062 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1062&num=0&edition=prelim), as the case may be, so that the resources of the cooperating institutions might be combined and shared to achieve the purposes of such parts and avoid costly duplicative efforts and to enhance the development of part A and part B eligible institutions.
**(b) Priority** The Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant institution.
**(c) Duration** Grants to institutions having a cooperative arrangement may be made under this section for a period as determined under [section 1059 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059&num=0&edition=prelim) or [section 1062 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1062&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review panel**
(1) All applications submitted under this subchapter by institutions of higher education shall be read by a panel of readers composed of individuals selected by the Secretary. The Secretary shall assure that no individual assigned under this section to review any application has any conflict of interest with regard to the application which might impair the impartiality with which the individual conducts the review under this section.
(2) The Secretary shall take care to assure that representatives of historically and predominantly Black colleges, Hispanic institutions, Tribal Colleges and Universities, and institutions with substantial numbers of Hispanics, Native Americans, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians) are included as readers.
(3) All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under this subchapter and consistent with the provisions of this subchapter, including—
(A) explanations and examples of the types of activities referred to in [section 1057(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1057/b&num=0&edition=prelim) that should receive special consideration for grants awarded under part A and of the types of activities referred to in [section 1062 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1062&num=0&edition=prelim) that should receive special consideration for grants awarded under part B;
(B) an enumeration of the factors to be used to determine the quality of applications submitted under this subchapter; and
(C) an enumeration of the factors to be used to determine whether a gra
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–329, title III, § 331, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298, related to establishment of challenge grant program.
A prior section 1064, Pub. L. 89–329, title III, § 331, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395; amended Pub. L. 97–35, title V, § 516(c)(2), Aug. 13, 1981, 95 Stat. 447, established a challenge grant program, prior to the general revision of this subchapter by Pub. L. 99–498.
Another prior section 1064, Pub. L. 89–329, title IV, § 404, Nov. 8, 1965, 79 Stat. 1233, related to time and manner of making application for grant, selection of recipients and conditions precedent to award, prior to the general revision of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim).
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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) 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) 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
The funds appropriated under [section 1068h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068h&num=0&edition=prelim) may not be used—
(1) for a school or department of divinity or any religious worship or sectarian activity;
(2) for an activity that is inconsistent with a State plan for desegregation of higher education applicable to such institution;
(3) for an activity that is inconsistent with a State plan of higher education applicable to such institution; or
(4) for purposes other than the purposes set forth in the approved application under which the funds were made available to the institution.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1068f
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