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20 U.S.C. § 1063a — Allotments to institutions
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
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**(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 award the part B institution an allotment in the amount of $500,000; and
(B) an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000.
(2) If the amount appropriated pursuant to [section 1068h(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068h/a/2/A&num=0&edition=prelim) for any fiscal year is not sufficient to pay the minimum allotment required by paragraph (1) to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocations shall be increased on the same basis as the basis on which they were reduced (until the amount allotted equals the minimum allotment required by paragraph (1)).
**(e) Reallotment** The amount of any part B institution’s allotment under subsection (a), (b), (c), or (d) for any fiscal year which the Secretary determines will not be required for such institution for the period such allotment is available shall be available for reallotment from time to time on such date during such period as the Secretary may determine to other part B institutions in proportion to the original allotment to such other institutions under this section for such fiscal year.
**(f) Special merger rule**
(1) The Secretary shall permit any eligible institution for a grant under part B in any fiscal year prior to the fiscal year 1986 to apply for a grant under this part if the eligible institution has merged with another institution of higher education which is not so eligible or has merged with an eligible institution.
(2) The Secretary may establish such regulations as may be necessary to carry out the requirement of paragraph (1) of this subsection.
**(g) Special rule for certain District of Columbia eligible institutions** In any fiscal year that the Secretary determines that Howard University or the University of the District of Columbia will receive an allotment under subsections (b) and (c) of this section which is not in excess of amounts received by Howard University under the Act of March 2, 1867 (14 Stat. 438; [20 U.S.C. 123](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section123&num=0&edition=prelim)), relating to annual authorization of appropriations for Howard University, or by the University of the District of Columbia under the District of Columbia Home Rule Act (87 Stat. 774) for such fiscal year, then Howard University and the University of the District of Columbia, as the case may be, shall be ineligible to receive an allotment under this section.
**(h) Conditions for allotments**
(1) **Student requirements for allotment** — Notwithstanding any other provision of this section, a part B institution that would otherwise be eligible for funds under this part shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), if the part B institution, in the academic year preceding such fiscal year—
(A) did not have any enrolled students who were Pell Grant recipients;
(B) did not graduate any students; or
(C) where appropriate, did not have any students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented.
(2) **Data requirements for allotments** — Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), unless the institution provides the Secretary with the data required by the Secretary and for purposes of the formula described in subsections (a) through (c), including—
(A) the number of Pell Grant recipients enrolled in the part B institution in the academic year preceding such fiscal year;
(B) the number of students who earned an associate or baccalaureate degree from the part B institution in the academic year preceding such fiscal year; and
(C) where appropriate, the percentage of students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented in the academic year preceding such fiscal year.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of Proceeding.—** If the director of a facility in which a person is hospitalized certifies that a person in the custody of the Bureau of Prisons whose sentence is about to expire, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, and that suitable arrangements for State custody and care of the person are not available, he shall transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section.
**(b) Psychiatric or Psychological Examination and Report.—** Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).
**(c) Hearing.—** The hearing shall be cond
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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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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) General authorization; uses of funds** From amounts available under [section 1068h(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068h/a/2&num=0&edition=prelim) for any fiscal year, the Secretary shall make grants (under [section 1063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063&num=0&edition=prelim)) to institutions which have applications approved by the Secretary (under [section 1063a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1063a&num=0&edition=prelim)) for any of the following uses:
(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) Support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in their field of instruction.
(4) Academic instruction in disciplines in which Black Americans are underrepresented.
(5) Purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program materials.
(6) Tutoring, counseling, and student service programs designed to improve academic success.
(7) Funds and administrative management, and acquisition of equipment for use in strengthening funds management.
(8) Joint use of facilities, such as laboratories and libraries.
(9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector.
(10) Estab
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Federal law — U.S. Code and appendices · legal_authorities
Page 294
TITLE 20—EDUCATION
§ 1063a
1 See References in Text note below.
2008), see section 3 of Pub. L. 111–39, set out as a note
under section 1001 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–33 effective Oct. 1, 1997,
except as otherwise provided in title XI of Pub. L.
105–33, see section 11721 of Pub. L. 105–33, set out as a
note under section 4246 of Title 18, Crimes and Criminal
Procedure.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–325 effective Oct. 1, 1992,
see section 2 of Pub. L. 102–325, set out as a note under
section 1001 of this title.
§ 1063a. 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 for any period unless
that institution meets the requirements of sub-
paragraphs (C), (D), and (E) 1 of section 1058(b)(1)
of this title 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; and
(2) provide for making an annual report to
the Secretary and provide for—
(A) conducting, except as provided in sub-
paragraph (B), a financial and compliance
audit of an eligible institution, with regard
to any funds obtained by it under this sub-
chapter at least once every 2 years and cov-
ering the period since the most recent audit,
conducted by a qualified, independent orga-
nization or person in accordance with stand-
ards established by the Comptroller General
for the audit of governmental organizations,
programs, and functions, and as presc
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1063a
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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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