20 U.S.C. § 1101b — Authorized activities

Page 751 TITLE 20—EDUCATION § 1101b Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1101b. Authorized activities (a) Types of activities authorized Grants awarded under this subchapter shall be used by Hispanic-serving institutions of higher education to assist the institutions to plan, de- velop, undertake, and carry out programs to im- prove and expand the institutions’ capacity to serve Hispanic students and other low-income students. (b) Authorized activities Grants awarded under this section shall be used for one or more of the following activities: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational pur- poses, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement in classrooms, libraries, lab- oratories, and other instructional facilities. (3) Support of faculty exchanges, faculty de- velopment, curriculum development, academic instruction, and faculty fellowships to assist in attaining advanced degrees in the fellow’s field of instruction. (4) Purchase of library books, periodicals, and other educational materials, including telecommunications program material. (5) Tutoring, counseling, and student service programs designed to improve academic suc- cess, including innovative and customized in- struction courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion. (6) Articulation agreements and student sup- port programs designed to facilitate the trans- fer from two-year to four-year institutions. (7) Funds management, administrative man- agement, and acquisition of equipment for use in strengthening funds management. (8) Joint use of facilities, such as labora- tories and libraries. (9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector. (10) Establishing or improving an endow- ment fund. (11) Creating or improving facilities for Internet or other distance education tech- nologies, including purchase or rental of tele- communications technology equipment or services. (12) Establishing or enhancing a program of teacher education designed to qualify students to teach in public elementary schools and sec- ondary schools. (13) Establishing community outreach pro- grams that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education. (14) Expanding the number of Hispanic and other underrepresented graduate and profes- sional students that can be served by the insti- tution by expanding courses and institutional resources. (15) Providing education, counseling serv- ices, or financial information designed to im- prove the financial literacy and economic lit- eracy of students or the students’ families, es- pecially with regard to student indebtedness and student assistance programs under sub- chapter IV. (16) Other activities proposed in the applica- tion submitted pursuant to section 1101c of this title that— (A) contribute to carrying out the pur- poses of this subchapter; and (B) are approved by the Secretary as part of the review and acceptance of such applica- tion. (c) Endowment fund limitations (1) Portion of grant A Hispanic-serving institution may not use more than 20 percent of the grant funds pro- vided under this subchapter for any fiscal year for establishing or improving an endowment fund. (2) Matching required A Hispanic-serving institution that uses any portion of the grant funds provided under this subchapter for any fiscal year for establishing or improving an endowment fund shall provide from non-Federal funds an amount equal to or greater than the portion. (3) Comparability The provisions of part C of subchapter III re- garding the establishment or increase of an endowment fund, that the Secretary deter- mines are not inconsistent with this sub- section, shall apply to funds used under para- graph (1). (Pub. L. 89–329, title V, § 503, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1768; amended Pub. L. 110–315, title V, § 501, Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 503 of Pub. L. 89–329 was classified to section 1102b of this title prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 503 of Pub. L. 89–329 was classi- fied to section 1091b of this title prior to repeal by Pub. L. 94–482. AMENDMENTS 2008—Subsec. (b)(5). Pub. L. 110–315, § 501(2), inserted ‘‘, including innovative and customized instruction courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion’’ before pe- riod at end. Subsec. (b)(6) to (16). Pub. L. 110–315, § 501(1), (3)–(5), added pars. (6) and (15), redesignated former pars. (6), (7), (8), (9), (10), (11), (12), (13), and (14) as pars. (7), (8), (9), (10), (11), (12), (13), (14), and (16), respectively, and in par. (11), substituted ‘‘distance education technologies’’ for ‘‘distance learning academic instruction capabili- ties’’. Page 752 TITLE 20—EDUCATION § 1101c § 1101c. Duration of grant (a) Award period The Secretary may award a grant to a His- panic-serving institution under this subchapter for 5 years. (b) Planning grants Notwithstanding subsection (a), the Secretary may award a grant to a Hispanic-serving institu- tion under this subchapter for a period of 1 year for the purpose of preparation of plans and ap- plications for a grant under this subchapter. (Pub. L. 89–329, title V, § 504, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1769; amended Pub. L. 109–292, § 4(b), Sept. 30, 2006, 120 Stat. 1341.) Editorial Notes PRIOR PROVISIONS A prior section 504 of Pub. L. 89–329 was classified to section 1102c of this title prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 504 of Pub. L. 89–329 was classi- fied to section 1091c of this title prior to repeal by Pub. L. 94–482. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–292 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘(1) IN GENERAL.—The Secretary may award a grant to a Hispanic-serving institution under this subchapter for 5 years. ‘‘(2) WAITOUT PERIOD.—A Hispanic-serving institution shall not be eligible to secure a subsequent 5-year grant award under this subchapter until 2 years have elapsed since the expiration of the institution’s most recent 5- year grant award under this subchapter, except that for the purpose of this subsection a grant under section 1103c(a) of this title shall not be considered a grant under this subchapter.’’ § 1101d. Special rule No Hispanic-serving institution that is eligible for and receives funds under this subchapter may receive funds under part A or B of sub- chapter III during the period for which funds under this subchapter are awarded. (Pub. L. 89–329, title V, § 505, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1770.) Editorial Notes PRIOR PROVISIONS A prior section 505 of Pub. L. 89–329 was classified to section 1102d of this title prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 505 of Pub. L. 89–329 was classi- fied to section 1091d of this title prior to repeal by Pub. L. 94–482. PART B—PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS Editorial Notes PRIOR PROVISIONS A prior part B consisting of sections 1103 to 1103g was redesignated part C by Pub. L. 110–315, title V, § 502(a)(1), Aug. 14, 2008, 122 Stat. 3331. Another prior part B consisted of sections 1103 to 1103g and related to National Teacher Academies prior to the general amendment of this subchapter by Pub. L. 105–244. § 1102. Purposes The purposes of this part are— (1) to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) to expand the postbaccalaureate aca- demic offerings and enhance the program qual- ity in the institutions of higher education that are educating the majority of Hispanic college students and helping large numbers of His- panic and low-income students complete post- secondary degrees. (Pub. L. 89–329, title V, § 511, as added Pub. L. 110–315, title V, § 502(a)(3), Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 1102, Pub. L. 89–329, title V, § 501, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 655, related to authority and allocation of funds and defined terms, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1102, Pub. L. 89–329, title V, § 512, Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90–35, § 3(a)(3), (4), June 29, 1967, 81 Stat. 85; Pub. L. 92–318, title I, § 142, June 23, 1972, 86 Stat. 286; Pub. L. 94–482, title I, § 151(a)(5)(B), Oct. 12, 1976, 90 Stat. 2152; Pub. L. 96–88, title III, § 301(b)(2), title V, § 508(l)(3), Oct. 17, 1979, 93 Stat. 677, 694; Pub. L. 96–374, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, related to establishment and ad- ministration of program, prior to repeal by Pub. L. 97–35, title V, § 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. A prior section 511 of Pub. L. 89–329 was renumbered section 521, and is classified to section 1103 of this title. Another prior section 511 of Pub. L. 89–329 was classi- fied to section 1103 of this title, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 511 of Pub. L. 89–329 was classi- fied to section 1103 of this title, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 511 of Pub. L. 89–329 was classi- fied to section 1101 of this title, prior to repeal by Pub. L. 97–35. § 1102a. Program authority and eligibility (a) Program authorized Subject to the availability of funds appro- priated to carry out this part, the Secretary shall award grants, on a competitive basis, to el- igible institutions to enable the eligible institu- tions to carry out the authorized activities de- scribed in section 1102b of this title. (b) Eligibility For the purposes of this part, an ‘‘eligible in- stitution’’ means an institution of higher edu- cation that— (1) is a Hispanic-serving institution (as de- fined in section 1101a of this title); and (2) offers a postbaccalaureate certificate or postbaccalaureate degree granting program. (Pub. L. 89–329, title V, § 512, as added Pub. L. 110–315, title V, § 502(a)(3), Aug. 14, 2008, 122 Stat. 3332.) Editorial Notes PRIOR PROVISIONS A prior section 1102a, Pub. L. 89–329, title V, § 502, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106