20 U.S.C. § 1137 — Administrative provisions for subparts 1

Page 806 TITLE 20—EDUCATION § 1136c (B) The number of students enrolled in the qualified masters degree program at the eli- gible institution in the previous academic year. (C) The average cost of attendance per stu- dent, for all full-time students enrolled in the qualified masters degree program at such institution. (D) The number of students in the previous year who received a degree in the qualified masters degree program at such institution. (E) The contribution, on a percent basis, of the programs for which the institution is eli- gible to receive funds under this section to the total number of African Americans re- ceiving masters degrees in the disciplines re- lated to the programs for the previous year. (g) Hold harmless rule Notwithstanding paragraphs (2) and (3) of sub- section (f), no eligible institution identified in subsection (b)(1) that receives a grant under this section for fiscal year 2009 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 2009, unless— (1) the amount appropriated is not sufficient to provide such grant amounts to all such in- stitutions and programs that received grants under this section for such fiscal year and that are eligible to receive a grant in such subse- quent fiscal year; or (2) the institution cannot provide sufficient matching funds to meet the requirements of this section. (Pub. L. 89–329, title VII, § 724, as added Pub. L. 110–315, title VII, § 706(b), Aug. 14, 2008, 122 Stat. 3353.) Editorial Notes PRIOR PROVISIONS A prior section 1136b, Pub. L. 89–329, title XI, § 1103, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 785, related to applications for urban community service grants, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1136b, Pub. L. 89–329, title XI, § 1103, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1569, related to requirements for eco- nomic development grant applications, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102–325. Another prior section 1136b, Pub. L. 89–329, title XI, § 1103, as added Pub. L. 96–374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1492, authorized grants to urban univer- sities, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99–498. Another prior section 1136b, Pub. L. 89–329, title XI, § 1103, as added Pub. L. 90–575, title II, § 281, Oct. 16, 1968, 82 Stat. 1049; amended Pub. L. 92–318, title I, § 191(c), June 23, 1972, 86 Stat. 323; Pub. L. 94–482, title I, § 172, Oct. 12, 1976, 90 Stat. 2164; Pub. L. 96–49, § 11, Aug. 13, 1979, 93 Stat. 354, authorized appropriations for the law school clinical experiences program, prior to the gen- eral amendment of subchapter XI of this chapter by Pub. L. 96–374. A prior section 724 of Pub. L. 89–329 was renumbered section 344, and is classified to section 1066c of this title. § 1136c. Authorization of appropriations (a) Masters degree programs at historically Black colleges and universities There are authorized to be appropriated to carry out section 1136a of this title such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. (b) Masters degree programs at predominantly Black institutions There are authorized to be appropriated to carry out section 1136b of this title such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VII, § 725, as added Pub. L. 110–315, title VII, § 706(b), Aug. 14, 2008, 122 Stat. 3356.) Editorial Notes PRIOR PROVISIONS A prior section 1136c, Pub. L. 89–329, title XI, § 1104, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 786, related to allowable activities, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1136c, Pub. L. 89–329, title XI, § 1104, as added Pub. L. 96–374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1492, placed geographical limitations on assistance to urban universities, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99–498. A prior section 725 of Pub. L. 89–329 was renumbered section 345, and is classified to section 1066d of this title. Prior sections 1136d to 1136h were repealed by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Section 1136d, Pub. L. 89–329, title XI, § 1105, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 786, related to peer review. Another prior section 1136d, Pub. L. 89–329, title XI, § 1105, as added Pub. L. 96–374, title XI, § 1101, Oct. 3, 1980, 94 Stat. 1492, defined terms, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99–498. Section 1136e, Pub. L. 89–329, title XI, § 1106, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 786; amended Pub. L. 103–208, § 2(j)(46), Dec. 20, 1993, 107 Stat. 2485, related to disbursement of funds. Section 1136f, Pub. L. 89–329, title XI, § 1107, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 787, related to designation of Urban Grant Institutions. Section 1136g, Pub. L. 89–329, title XI, § 1108, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 787, defined terms ‘‘urban area’’ and ‘‘eligible institu- tion’’. Section 1136h, Pub. L. 89–329, title XI, § 1109, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 787, authorized appropriations for urban community service program. SUBPART 5—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 110–315, title VII, § 706(a)(1), Aug. 14, 2008, 122 Stat. 3349, redesignated subpart 4 of this part as sub- part 5. § 1137. Administrative provisions for subparts 1 through 4 (a) Coordinated administration In carrying out the purpose described in sec- tion 1133(1) of this title, the Secretary shall pro- Page 807 TITLE 20—EDUCATION § 1138 1 So in original. Probably should be ‘‘subparts’’. vide for coordinated administration and regula- tion of graduate programs assisted under sub- parts 1 through 4 of this part with other Federal programs providing assistance for graduate edu- cation in order to minimize duplication and im- prove efficiency to ensure that the programs are carried out in a manner most compatible with academic practices and with the standard time- tables for applications for, and notifications of acceptance to, graduate programs. (b) Hiring authority For purposes of carrying out subparts 1 through 4 of this part, the Secretary shall ap- point, without regard to the provisions of title 5 that govern appointments in the competitive service, such administrative and technical em- ployees, with the appropriate educational back- ground, as shall be needed to assist in the ad- ministration of such parts 1. The employees shall be paid without regard to the provisions of chap- ter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Use for religious purposes prohibited No institutional payment or allowance under section 1134b(b) or 1135d(a) of this title shall be paid to a school or department of divinity as a result of the award of a fellowship under subpart 1 or 2 of this part, respectively, to an individual who is studying for a religious vocation. (d) Evaluation The Secretary shall evaluate the success of as- sistance provided to individuals under subpart 1, 2, 3, or 4 of this part with respect to graduating from their degree programs, and placement in faculty and professional positions. (Pub. L. 89–329, title VII, § 731, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1795; amended Pub. L. 110–315, title VII, §§ 704(i), 706(a)(2), (3), Aug. 14, 2008, 122 Stat. 3348, 3349.) Editorial Notes PRIOR PROVISIONS A prior section 1137, Pub. L. 89–329, title XI, § 1121, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 788, related to purpose of innovative projects for community service program, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1137, Pub. L. 89–329, title XI, § 1111, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1570, related to the purpose of urban com- munity service program, prior to the general amend- ment of subchapter XI of this chapter by Pub. L. 102–325. A prior section 731 of Pub. L. 89–329 was classified to section 1132d of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 731 of Pub. L. 89–329 was classi- fied to section 1132d of this title, prior to the general amendment of part C of this subchapter by Pub. L. 102–325. Another prior section 731 of Pub. L. 89–329 was classi- fied to section 1132d of this title, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1137a, Pub. L. 89–329, title XI, § 1122, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 788; amended Pub. L. 103–82, title I, § 111(b)(4), Sept. 21, 1993, 107 Stat. 860, authorized program for in- novative projects for community service, prior to re- peal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1137a and prior section 1137b were omitted in the general amendment of subchapter XI of this chapter by Pub. L. 102–325. Section 1137a, Pub. L. 89–329, title XI, § 1112, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1570, related to use of urban community service funds. Section 1137b, Pub. L. 89–329, title XI, § 1113, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1570, related to contents for applications for urban com- munity services projects. AMENDMENTS 2008—Pub. L. 110–315, § 706(a)(2), substituted ‘‘subparts 1 through 4’’ for ‘‘subparts 1, 2, and 3’’ in section catch- line. Subsecs. (a), (b). Pub. L. 110–315, § 706(a)(3)(A), sub- stituted ‘‘subparts 1 through 4’’ for ‘‘subparts 1, 2, and 3’’. Subsec. (d). Pub. L. 110–315, § 706(a)(3)(B), substituted ‘‘subpart 1, 2, 3, or 4’’ for ‘‘subpart 1, 2, or 3’’. Subsec. (e). Pub. L. 110–315, § 704(i), struck out subsec. (e). Prior to amendment, text read as follows: ‘‘The Secretary, using funds appropriated to carry out sub- parts 1 and 2 of this part, and before awarding any as- sistance under such parts to a recipient that did not re- ceive assistance under part C or D of title IX (as such parts were in effect prior to October 7, 1998) shall con- tinue to provide funding to recipients of assistance under such part C or D (as so in effect), as the case may be, pursuant to any multiyear award of such assist- ance.’’ PART B—FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION § 1138. Fund for the Improvement of Postsec- ondary Education (a) Authority The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such institu- tions, and other public and private nonprofit in- stitutions and agencies, to enable such institu- tions, combinations, and agencies to improve postsecondary education opportunities by— (1) the encouragement of reform and im- provement of, and innovation in, postsec- ondary education and the provision of edu- cational opportunity for all students, includ- ing nontraditional students; (2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, including— (A) efforts that provide academic credit for programs; and (B) combinations of academic and experi- ential learning; (3) the establishment and continuation of in- stitutions, programs, consortia, collabora- tions, and other joint efforts based on commu- nications technology, including those efforts that utilize distance education and techno- logical advancements to educate and train postsecondary students (including health pro- fessionals serving medically underserved popu- lations); (4) the carrying out, in postsecondary edu- cational institutions, of changes in internal structure and operations designed to clarify institutional priorities and purposes;