20 U.S.C. § 1059g — Asian American and Native American

Page 286 TITLE 20—EDUCATION § 1059g § 1059g. Asian American and Native American Pacific Islander-serving institutions (a) Program authorized The Secretary shall provide grants and related assistance to Asian American and Native Amer- ican Pacific Islander-serving institutions to en- able such institutions to improve and expand their capacity to serve Asian Americans and Na- tive American Pacific Islanders and low-income individuals. (b) Definitions In this section: (1) Asian American The term ‘‘Asian American’’ has the mean- ing given the term ‘‘Asian’’ in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Fed- eral Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789). (2) Asian American and Native American Pa- cific Islander-serving institution The term ‘‘Asian American and Native American Pacific Islander-serving institution’’ means an institution of higher education that— (A) is an eligible institution under section 1058(b) of this title; and (B) at the time of application, has an en- rollment of undergraduate students that is not less than 10 percent students who are Asian American or Native American Pacific Islander. (3) Native American Pacific Islander The term ‘‘Native American Pacific Is- lander’’ means any descendant of the aborigi- nal people of any island in the Pacific Ocean that is a territory or possession of the United States. (c) Authorized activities (1) Types of activities authorized Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and ex- pand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals. (2) Examples of authorized activities Such programs may include— (A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and re- search purposes; (B) renovation and improvement in class- room, library, laboratory, and other instruc- tional facilities; (C) support of faculty exchanges, and fac- ulty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction; (D) curriculum development and academic instruction; (E) purchase of library books, periodicals, microfilm, and other educational materials; (F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; (G) joint use of facilities such as labora- tories and libraries; (H) academic tutoring and counseling pro- grams and student support services; (I) establishing community outreach pro- grams that will encourage elementary school and secondary school students to de- velop the academic skills and the interest to pursue postsecondary education; (J) establishing or improving an endow- ment fund; (K) academic instruction in disciplines in which Asian Americans and Native Amer- ican Pacific Islanders are underrepresented; (L) conducting research and data collec- tion for Asian American and Native Amer- ican Pacific Islander populations and sub- populations; (M) establishing partnerships with commu- nity-based organizations serving Asian Americans and Native American Pacific Is- landers; and (N) education or counseling services de- signed to improve the financial and eco- nomic literacy of students or the students’ families. (d) Application process (1) Institutional eligibility Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall sub- mit to the Secretary such enrollment data as may be necessary to demonstrate that the in- stitution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require. (2) Applications Any institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such ap- plication shall include— (A) a five-year plan for improving the as- sistance provided by the Asian American and Native American Pacific Islander-serving in- stitution to Asian American and Native American Pacific Islander students and low- income individuals; and (B) such other information and assurances as the Secretary may reasonably require. (3) Special rules (A) Eligibility No Asian American and Native American Pacific Islander-serving institution that re- ceives funds under this section shall concur- rently receive funds under any other provi- sion of this part, part B, or subchapter V. (B) Exemption Section 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section. (C) Distribution In awarding grants under this section, the Secretary shall— Page 287 TITLE 20—EDUCATION § 1060 (i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligi- ble institutions; and (ii) give priority consideration to insti- tutions for which not less than 10 percent of such institution’s Asian American and Native American Pacific Islander students are low-income individuals. (Pub. L. 89–329, title III, § 320, as added Pub. L. 110–315, title III, § 307, Aug. 14, 2008, 122 Stat. 3175.) PART B—STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES § 1060. Findings and purposes The Congress finds that— (1) the historically Black colleges and uni- versities have contributed significantly to the effort to attain equal opportunity through postsecondary education for Black, low-in- come, and educationally disadvantaged Ameri- cans; (2) States and the Federal Government have discriminated in the allocation of land and fi- nancial resources to support Black public in- stitutions under the Morrill Act of 1862 [7 U.S.C. 301 et seq.] and its progeny, and against public and private Black colleges and univer- sities in the award of Federal grants and con- tracts, and the distribution of Federal re- sources under this chapter and other Federal programs which benefit institutions of higher education; (3) the current state of Black colleges and universities is partly attributable to the dis- criminatory action of the States and the Fed- eral Government and this discriminatory ac- tion requires the remedy of enhancement of Black postsecondary institutions to ensure their continuation and participation in ful- filling the Federal mission of equality of edu- cational opportunity; and (4) financial assistance to establish or strengthen the physical plants, financial man- agement, academic resources, and endowments of the historically Black colleges and univer- sities are appropriate methods to enhance these institutions and facilitate a decrease in reliance on governmental financial support and to encourage reliance on endowments and private sources. (Pub. L. 89–329, title III, § 321, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294.) Editorial Notes REFERENCES IN TEXT The Morrill Act of 1862, referred to in par. (2), is act July 2, 1862, ch. 130, 12 Stat. 503, also known as the First Morrill Act, which is classified generally to subchapter I (§ 301 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 301 of Title 7 and Tables. PRIOR PROVISIONS A prior section 1060, Pub. L. 89–329, title III, § 321, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1393, set out purpose and grant authority for program of aiding institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99–498. Another prior section 1060, Pub. L. 90–575, title V, § 504, Oct. 16, 1968, 82 Stat. 1062, related to eligibility for student assistance because of conviction of crimes in- volving force, disruption, or seizure of property of edu- cational institution; refusal to obey regulations or or- ders and disruption of administration of institution; other misconduct, disciplinary proceedings, and free- dom of expression; and description of programs covered by such disqualification, prior to repeal by Pub. L. 92–318, title I, § 139B(b), June 23, 1972, 86 Stat. 282. Executive Documents EXECUTIVE ORDER NO. 12320 Ex. Ord. No. 12320, Sept. 15, 1981, 46 F.R. 46107, which provided for the development of a Federal program to achieve a significant increase in the participation by historically Black colleges and universities in Feder- ally sponsored programs, was revoked by Ex. Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, formerly set out below. EXECUTIVE ORDER NO. 12677 Ex. Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, which provided for the development of a Federal program to achieve a significant increase in the participation by historically Black colleges and universities in Feder- ally sponsored programs, was revoked by Ex. Ord. No. 12876, § 13, Nov. 1, 1993, 58 F.R. 58735, formerly set out below. EXECUTIVE ORDER NO. 12876 Ex. Ord. No. 12876, Nov. 1, 1993, 58 F.R. 58735, which es- tablished in the Department of Education the Presi- dent’s Board of Advisors on Historically Black Colleges and Universities, a Presidential advisory committee, was revoked by Ex. Ord. No. 13256, § 11, Feb. 12, 2002, 67 F.R. 6825, formerly set out below. EXECUTIVE ORDER NO. 13256 Ex. Ord. No. 13256, Feb. 12, 2002, 67 F.R. 6823, which es- tablished in the Office of the Secretary of Education the President’s Board of Advisors on Historically Black Colleges and Universities, a Presidential advisory com- mittee, was revoked by Ex. Ord. No. 13532, § 4(g), Feb. 26, 2010, 75 F.R. 9752, set out below. EXECUTIVE ORDER NO. 13532 Ex. Ord. No. 13532, Feb. 26, 2010, 75 F.R. 9749, as amended by Ex. Ord. No. 13569, § 4, Apr. 5, 2011, 76 F.R. 19891, which established the White House Initiative on Historically Black Colleges and Universities and the President’s Board of Advisors on Historically Black Colleges and Universities, was revoked by Ex. Ord. No. 13779, § 4, Feb. 28, 2017, 82 F.R. 12501, formerly set out below. EXECUTIVE ORDER NO. 13779 Ex. Ord. No. 13779, Feb. 28, 2017, 82 F.R. 12499, which established the White House Initiative on Historically Black Colleges and Universities and the President’s Board of Advisors on Historically Black Colleges and Universities, was revoked by Ex. Ord. No. 14041, § 4(a), Sept. 3, 2021, 86 F.R. 50446, set out below. EX. ORD. NO. 14041. WHITE HOUSE INITIATIVE ON ADVANC- ING EDUCATIONAL EQUITY, EXCELLENCE, AND ECONOMIC OPPORTUNITY THROUGH HISTORICALLY BLACK COL- LEGES AND UNIVERSITIES Ex. Ord. No. 14041, Sept. 3, 2021, 86 F.R. 50443, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance equity in economic and educational opportunities for all Americans, in- cluding Black Americans, strengthen the capacity of