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20 U.S.C. § 1063c — Professional or graduate institutions

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

20 U.S.C. § 1063c — Professional or graduate institutions

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Source location: Title 20, Chapter 28, § 1063c; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) General authorization** (1) Subject to the availability of funds appropriated to carry out this section, the Secretary shall award program grants to each of the postgraduate institutions listed in subsection (e) that is determined by the Secretary to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities in mathematics, engineering, or the physical or natural sciences for Black Americans. (2) No grant in excess of $1,000,000 may be made under this section unless the postgraduate institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement. **(b) Duration** Grants shall be made for a period not to exceed 5 years. Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period. **(c) Uses of funds** A grant under this section may be used for— (1) purchase, rental or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; (2) construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services; (3) purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials; (4) scholarships, fellowships, and other financial assistance for needy graduate and professional students to permit the enrollment of the students in and completion of the doctoral degree in medicine, dentistry, pharmacy, veterinary medicine, law, and the doctorate degree in the physical or natural sciences, engineering, mathematics, or other scientific disciplines in which African Americans are underrepresented; (5) establishing or improving a development office to strengthen and increase contributions from alumni and the private sector; (6) assisting in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to [section 1065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1065&num=0&edition=prelim); (7) funds and administrative management, and the acquisition of equipment, including software, for use in strengthening funds management and management information systems; (8) acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or addition to or improvement of campus facilities; (9) education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under subchapter IV; (10) services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose; (11) tutoring, counseling, and student service programs designed to improve academic success; and (12) other activities proposed in the application submitted under subsection (d) that— (A) contribute to carrying out the purposes of this part; and (B) are approved by the Secretary as part of the review and acceptance of such application. **(d) Application** Any institution eligible for a grant under this section shall submit an application which— (1) demonstrates how the grant funds will be used to improve graduate educational opportunities for Black and low-income students, and lead to greater financial independence; and (2) provides, in the case of applications for grants in excess of $1,000,000, the assurances required by subsection (a)(2) and specifies the manner in which the eligible institution is going to pay the non-Federal share of the cost of the application. **(e) Eligibility** (1) **In general** — Independent professional or graduate institutions and programs eligible for grants under subsection (a) are the following: (A) Morehouse School of Medicine; (B) Meharry Medical School; (C) Charles R. Drew Postgraduate Medical School; (D) Clark-Atlanta University; (E) Tuskegee University School of Veterinary Medicine and other qualified graduate programs; (F) Xavier University School of Pharmacy and other qualified graduate programs; (G) Southern University School of Law and other qualified graduate programs; (H) Texas Southern University School of Law and School of Pharmacy and other qualified graduate programs; (I) Florida A&M University School of Pharmaceutical Sciences and other qualified graduate programs; (J) North Carolina Central University School of Law and other qualified graduate programs; (K) Morgan State University qualified graduate program; (L) Hampton University qualified graduate program; (M) Alabama A&M qualified graduate program; (N) North Carolina A&T State University qualified graduate program; (O) University of Maryland Eastern Shore qualified graduate program; (P) Jackson State University qualified graduate program; (Q) Norfolk State University qualified graduate programs; (R) Tennessee State University qualified graduate programs; (S) Alabama State University qualified graduate programs; (T) Prairie View A&M University qualified graduate programs; (U) Delaware State University qualified graduate programs; (V) Langston University qualified graduate programs; (W) Bowie State University qualified graduate programs; and (X) University of the District of Columbia David A. Clarke School of Law. (2) **Qualified graduate program** (A) For the purposes of this section, the term “qualified graduate program” means a graduate or professional program that provides a program of instruction in law or in the physical or natural sciences, engineering, mathematics, psychometrics, or other scientific discipline in which African Americans are underrepresented and has students enrolled in such program at the time of application for a grant under this section. (B) Notwithstanding the enrollment requirement contained in subparagraph (A), an institution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified graduate program. (3) **Special rule** — Institutions that were awarded grants under this section prior to October 1, 2008, shall continue to receive such grants, subject to the availability of appropriated funds, regardless of the eligibility of the institutions described in subparagraphs (S) through (X) of paragraph (1). (4) **One grant per institution** — The Secretary shall not award more than 1 grant under this section in any fiscal year to any institution of higher education. (5) **Institutional choice** — The president or chancellor of the institution may decide which graduate or professional school or qualified graduate program will receive funds under the grant in any 1 fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds submitted to the Secretary under this section. **(f) Funding rule** Subject to subsection (g), of the amount appropriated to carry out this section for any fiscal year— (1) the first $56,900,000 (or any lesser amount appropriated) shall be available only for the purposes of making grants to institutions or programs described in subparagraphs (A) through (R) of subsection (e)(1); (2) any amount in excess of $56,900,000, but not in excess of $62,900,000, shall be available for the purpose of making grants to institutions or programs described in subparagraphs (S) through (X) of subsection (e)(1); and (3) any amount in excess of $62,900,000, shall be made available to each of the institutions or programs identified in subparagraphs (A) through (X) 11 So in original. Probably should be “subparagraphs (A) to (X) of subsection (e)(1)”. pursuant to a formula developed by the Secretary that uses the following elements: (A) The ability of the institution to match Federal funds with non-Federal funds. (B) The number of students enrolled in the programs for which the eligible institution received funding under this section in the previous year. (C) The average cost of education per student, for all full-time graduate or professional students (or the equivalent) enrolled in the eligible professional or graduate school, or for doctoral students enrolled in the qualified graduate programs. (D) The number of students in the previous year who received their first professional or doctoral degree from the programs for which the eligible institution received funding under this section in the previous year. (E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds under this section to the total number of African Americans receiving graduate or professional degrees in the professions or disciplines related to the programs for the previous year. **(g) Hold harmless rule** Notwithstanding paragraphs (2) and (3) of subsection (f), no institution or qualified program identified in subsection (e)(1) that received a grant for fiscal year 2008 and that is eligible to receive a grant in a subsequent fiscal year shall receive a grant amount in any such subsequent fiscal year that is less than the grant amount received for fiscal year 2008, unless the amount appropriated is not sufficient to provide such grant amounts to all such institutions and programs, or the institution cannot provide sufficient matching funds to meet the requirements of this section. **(h) Interaction with other grant programs** No institution that is eligible for and receives an award under section 1102a, 1136a, or 1136b of this title for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year.

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

20 U.S.C. § 1062 — Definitions

For the purpose of this part: (1) The term “graduate” means an individual who has attended an institution for at least three semesters and fulfilled academic requirements for undergraduate studies in not more than 5 consecutive school years. (2) The term “part B institution” means any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that 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,,11 So in original. except that any branch campus of a southern institution of higher education that prior to September 30, 1986, received a grant as an institution with special needs under [section 1060 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1060&num=0&edition=prelim) and was formally recognized by the National Center for Education Statistics as a Historically Black College or University but was determined not to be a part B institution on or after October 17, 1986, shall, from July 18, 1988, be considered a part B institution. (3) The term “Pell Grant recipient” means a recipient of financial aid under subpart 1 of part A of subchapter IV of this chapter. (4) The term “professional and academic areas in which Blacks are underrepresented” shall be determined by the Secretary, in consultation with the Commissioner for Education Statistics and the Commissioner of the Bureau of Labor Statistics, on the basis of the most recent available satisfactory data, as professional and academic areas in which the percentage of Blac

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1062

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

20 U.S.C. § 1065 — Repealed. Pub. L. 102–325, title III, § 304(a)(2), July 23, 1992, 106 Stat. 476

### 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

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. § 1063b — Applications

**(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

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

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

20 U.S.C. § 1063c — Reporting and audit requirements

Page 298 TITLE 20—EDUCATION § 1063c § 1063c. Reporting and audit requirements (a) Recordkeeping Each recipient of a grant under this part shall keep such records as the Secretary shall pre- scribe, including records which fully disclose— (1) the amount and disposition by such re- cipient of the proceeds of such assistance; (2) the cost of the project or undertaking in connection with which such assistance is given or used; (3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and (4) such other records as will facilitate an ef- fective audit. (b) Use of unexpended funds Any funds paid to an institution and not ex- pended or used for the purposes for which the funds were paid during the five-year period fol- lowing the date of the initial grant award, may be carried over and expended during the suc- ceeding five-year period, if such funds were obli- gated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award. (Pub. L. 89–329, title III, § 327, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298; amended Pub. L. 100–50, § 2(a)(11), June 3, 1987, 101 Stat. 335; Pub. L. 110–315, title III, § 312, Aug. 14, 2008, 122 Stat. 3180.) Editorial Notes AMENDMENTS 2008—Subsec. (b). Pub. L. 110–315 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Any funds paid to an institution and not expended or used for the purposes for which the funds were paid within 10 years following the date of the initial grant awarded to an institution under part B of this sub- chapter shall be repaid to the Treasury of the United States.’’ 1987—Subsec. (a). Pub. L. 100–50 substituted ‘‘part’’ for ‘‘chapter’’ in introdu

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