20 U.S.C. § 1068h — Authorization of appropriations

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. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. 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. § 1068e. Limitations The funds appropriated under section 1068h of this title 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 edu- cation 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 institu- tion. (Pub. L. 89–329, title III, § 396, formerly § 357, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; renumbered § 396, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636; amended Pub. L. 110–315, title III, § 320(6), Aug. 14, 2008, 122 Stat. 3188.) Editorial Notes CODIFICATION Section was formerly classified to section 1069c of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 2008—Pub. L. 110–315 substituted ‘‘1068h of this title’’ for ‘‘1069f of this title’’ in introductory provisions. § 1068f. Penalties Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of Federal financial assistance or grant pursuant to this subchapter embezzles, willfully misapplies, steals, or obtains by fraud any of the funds which are the subject of such grant or assistance, shall be fined not more than $10,000 or imprisoned for not more than 2 years, or both. (Pub. L. 89–329, title III, § 397, formerly § 358, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; renumbered § 397, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636.) Editorial Notes CODIFICATION Section was formerly classified to section 1069d of this title prior to renumbering by Pub. L. 105–244. § 1068g. Continuation awards The Secretary shall make continuation awards under this subchapter for the second and succeeding years of a grant only after deter- mining that the recipient is making satisfactory progress in carrying out the grant. (Pub. L. 89–329, title III, § 398, as added Pub. L. 105–244, title III, § 308(g), Oct. 7, 1998, 112 Stat. 1649.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. § 1068h. 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 fis- cal year 2009, and such sums as may be nec- essary for each of the five succeeding fiscal years. (B) There are authorized to be appropriated to carry out section 1059c of this title, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five suc- ceeding fiscal years. (C) There are authorized to be appropriated to carry out section 1059d of this title, Page 325 TITLE 20—EDUCATION § 1068h $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five suc- ceeding fiscal years. (D) There are authorized to be appropriated to carry out section 1059e of this title, $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, $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five suc- ceeding fiscal years. (F) There are authorized to be appropriated to carry out section 1059g of this title, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five suc- ceeding fiscal years. (2) Part B (A) There are authorized to be appropriated to carry out part B (other than section 1063b of this title), $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, $125,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five suc- ceeding 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, but including section 1066f of this title), $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 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 nec- essary 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. (Pub. L. 89–329, title III, § 399, formerly § 360, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; amended Pub. L. 102–325, title III, § 305(e)–(g), July 23, 1992, 106 Stat. 479; re- numbered § 399, and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(h), Oct. 7, 1998, 112 Stat. 1636, 1649; Pub. L. 110–315, title III, § 319, Aug. 14, 2008, 122 Stat. 3186.) Editorial Notes CODIFICATION Section was formerly classified to section 1069f of this title prior to renumbering by Pub. L. 105–244. PRIOR PROVISIONS A prior section 1069, Pub. L. 89–329, title III, § 354, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1305, which related to cooperative arrangements, was renumbered section 394 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068c of this title. Another prior section 1069, Pub. L. 89–329, title III, § 344, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1399, provided for a program of grants to en- courage cooperative arrangements between institu- tions, prior to the general amendment of this sub- chapter by Pub. L. 99–498. Another prior section 1069, Pub. L. 89–329, title IV, § 409, Nov. 8, 1965, 79 Stat. 1236, related to definition of academic year, prior to the general amendment 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. A prior section 1069a, Pub. L. 89–329, title III, § 355, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306; amended Pub. L. 100–50, § 2(a)(16), (17), June 3, 1987, 101 Stat. 336, related to special payments rules, prior to repeal by Pub. L. 102–325, § 2, title III, § 305(c), July 23, 1992, 106 Stat. 458, 478, effective Oct. 1, 1992. Another prior section 1069a, Pub. L. 89–329, title III, § 345, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1399, related to assistance to institutions under other programs, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1069b, Pub. L. 89–329, title III, § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306, and amended, which related to assistance to institutions under other programs, was renumbered section 395 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068d of this title. Another prior section 1069b, Pub. L. 89–329, title III, § 346, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1400, limited activities for which funds appro- priated to carry out this subchapter could be expended, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1069c, Pub. L. 89–329, title III, § 357, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, which related to limitations on use of funds, was renumbered section 396 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068e of this title. Another prior section 1069c, Pub. L. 89–329, title III, § 347, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1400, and Pub. L. 98–95, § 3, Sept. 26, 1983, 97 Stat. 711; Pub. L. 98–312, § 1, June 12, 1984, 98 Stat. 233, authorized appropriations to carry out parts A to C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1069d, Pub. L. 89–329, title III, § 358, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, which related to penalties, was renumbered section 397 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068f of this title. A prior section 1069e, Pub. L. 89–329, title III, § 359, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, required application for challenge grant, prior to repeal by Pub. L. 102–325, § 2, title III, § 305(c), July 23, 1992, 106 Stat. 458, 478, effective Oct. 1, 1992. A prior section 1069f, Pub. L. 89–329, title III, § 360, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, and amended, which authorized appropria- tions, was renumbered section 399 of Pub. L. 89–329 by Page 326 TITLE 20—EDUCATION § 1070 Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to this section. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authorizations for parts A to E for fiscal year 1999 and each of the 4 succeeding fiscal years. 1998—Subsec. (a)(1)(A). Pub. L. 105–244, § 308(h)(1)(A), substituted ‘‘1999’’ for ‘‘1993’’. Subsec. (a)(1)(B). Pub. L. 105–244, § 308(h)(1)(B), redes- ignated cl. (i) as entire subpar., substituted ‘‘$10,000,000 for fiscal year 1999’’ for ‘‘$45,000,000 for fiscal year 1993’’, and struck out cl. (ii) which read as follows: ‘‘No funds are authorized to be appropriated pursuant to clause (i) for any fiscal year unless the amount appropriated pur- suant to paragraph (1)(A) for such fiscal year equals or exceeds $80,000,000.’’ Subsec. (a)(1)(C). Pub. L. 105–244, § 308(h)(1)(C), added subpar. (C). Subsec. (a)(2)(A). Pub. L. 105–244, § 308(h)(2)(A), sub- stituted ‘‘1999’’ for ‘‘1993’’. Subsec. (a)(2)(B). Pub. L. 105–244, § 308(h)(2)(B), sub- stituted ‘‘$35,000,000 for fiscal year 1999’’ for ‘‘$20,000,000 for fiscal year 1993’’. Subsec. (a)(3). Pub. L. 105–244, § 308(h)(3), substituted ‘‘$10,000,000 for fiscal year 1999’’ for ‘‘$50,000,000 for fiscal year 1993’’. Subsec. (a)(4), (5). Pub. L. 105–244, § 308(h)(4), added pars. (4) and (5). Subsec. (c). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (c). Text read as follows: ‘‘If the amount appropriated under subsection (a)(1) of this section for part A of this subchapter for any fiscal year beginning after September 30, 1986, equals or exceeds the amount appropriated for such part for fiscal year 1986, the Secretary shall, for such fiscal year— ‘‘(1) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions at which at least 60 percent of the students are African Ameri- cans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and ‘‘(2) allocate 75 percent of such excess among other eligible institutions.’’ Subsec. (d). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (d). Text read as follows: ‘‘In any fiscal year in which the sums appropriated for part A of this subchapter are insufficient to make the reservations required by subsection (c) of this section, the Secretary shall ratably reduce the amount of the reservation.’’ Subsec. (e). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (e). Text read as follows: ‘‘In any fiscal year beginning after September 30, 1992, the Secretary shall award at least 25 percent of the amount appropriated pursuant to the authority of paragraph (3) of subsection (a) of this section in each fiscal year to historically black colleges and univer- sities that meet the requirements of part C of this sub- chapter, unless there are an insufficient number of quality applications or an insufficient number of appli- cations due to the provisions in subsection (b)(2)(C) or subsection (b)(4)(B) of section 1065 of this title.’’ 1992—Subsec. (a). Pub. L. 102–325, § 305(e), amended subsec. (a) generally, substituting present provisions for provisions authorizing appropriations for fiscal year 1987 and the four succeeding fiscal years. Subsec. (c). Pub. L. 102–325, § 305(f), substituted ‘‘1986, the Secretary shall, for such fiscal year—’’ for ‘‘1986— ’’ in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as fol- lows: ‘‘(1) the Secretary shall, for such fiscal year, make available for use for the purposes of part A of this sub- chapter to institutions that are junior or community colleges not less than $51,400,000; and ‘‘(2) the Secretary shall, for such fiscal year— ‘‘(A) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions with the highest percentages of students who are Black Ameri- cans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and ‘‘(B) allocate 75 percent of such excess among other eligible institutions.’’ Subsec. (e). Pub. L. 102–325, § 305(g), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. 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. SUBCHAPTER IV—STUDENT ASSISTANCE PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION Editorial Notes CODIFICATION Part A of title IV of the Higher Education Act of 1965, comprising this part, was originally enacted by Pub. L. 89–329, title IV, Nov. 8, 1965, 79 Stat. 1232, and amended by Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–328, June 30, 1976, 90 Stat. 727; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–43, June 15, 1977, 91 Stat. 213; Pub. L. 95–336, Aug. 4, 1978, 92 Stat. 451; Pub. L. 95–566, Nov. 1, 1978, 92 Stat. 2402; Pub. L. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 97–301, Oct. 13, 1982, 96 Stat. 1400; Pub. L. 98–558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99–145, Nov. 8, 1985, 99 Stat. 583. Such part is shown herein, however, as having been added by Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1308, without reference to such intervening amendments be- cause of the extensive revision of part A by Pub. L. 99–498. § 1070. Statement of purpose; program authoriza- tion (a) Purpose It is the purpose of this part, to assist in mak- ing available the benefits of postsecondary edu- cation to eligible students (defined in accord- ance with section 1091 of this title) in institu- tions of higher education by— (1) providing Federal Pell Grants to all eligi- ble students; (2) providing supplemental educational op- portunity grants to those students who dem- onstrate financial need; (3) providing for payments to the States to assist them in making financial aid available to such students; (4) providing for special programs and projects designed (A) to identify and encour- age qualified youths with financial or cultural need with a potential for postsecondary edu- cation, (B) to prepare students from low-in- come families for postsecondary education, and (C) to provide remedial (including reme- dial language study) and other services to stu- dents; and