20 U.S.C. § 1068b — Application review process

Page 322 TITLE 20—EDUCATION § 1068b under this subchapter at the time of a Gulf hurricane disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding fiscal years, as necessary; and (C) make available to each affected insti- tution an amount that is not less than the amount made available to such institution under this subchapter for fiscal year 2006, ex- cept that for any fiscal year for which the funds appropriated for payments under this subchapter are less than the appropriated level for fiscal year 2006, the amount made available to such institutions shall be rat- ably reduced among the institutions receiv- ing funds under this subchapter. (2) Definitions In this subsection: (A) Affected institution The term ‘‘affected institution’’ means an institution of higher education that— (i) is— (I) a part A institution (which term shall have the meaning given the term ‘‘eligible institution’’ under section 1058(b) of this title); or (II) a part B institution, as such term is defined in section 1061(2) of this title, or as identified in section 1063b(e) of this title; (ii) is located in an area affected by a Gulf hurricane disaster; and (iii) is able to demonstrate that, as a re- sult of the impact of a Gulf hurricane dis- aster, the institution— (I) incurred physical damage; (II) has pursued collateral source com- pensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and (III) was not able to fully reopen in ex- isting facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on August 29, 2005. (B) Area affected by a Gulf hurricane dis- aster; Gulf hurricane disaster The terms ‘‘area affected by a Gulf hurri- cane disaster’’ and ‘‘Gulf hurricane disaster’’ have the meanings given such terms in sec- tion 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109–148, 119 Stat. 2809). (Pub. L. 89–329, title III, § 392, formerly § 352, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1304; amended Pub. L. 100–50, § 2(a)(14), (15), June 3, 1987, 101 Stat. 336; Pub. L. 102–325, title III, § 305(b), July 23, 1992, 106 Stat. 478; renumbered § 392 and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(d), Oct. 7, 1998, 112 Stat. 1636, 1649; Pub. L. 110–315, title III, §§ 318, 320(5), Aug. 14, 2008, 122 Stat. 3185, 3188; Pub. L. 111–39, title III, § 301(8), July 1, 2009, 123 Stat. 1938.) Editorial Notes REFERENCES IN TEXT Section 1058(b)(1)(E) of this title, referred to in sub- sec. (b)(3), was repealed and section 1058(b)(1)(F) was re- designated section 1058(b)(1)(E) by Pub. L. 102–325, title III, § 302(a)(1)(B), (C), July 23, 1992, 106 Stat. 472. Section 209 of the Higher Education Hurricane Relief Act of 2005, referred to in subsec. (c)(2)(B), is section 209 of title IV of div. B of Pub. L. 109–148, Dec. 30, 2005, 119 Stat. 2808, which is not classified to the Code. CODIFICATION Section was formerly classified to section 1067 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 2009—Subsec. (a)(6). Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to section 1801 of title 25. 2008—Subsec. (b)(2). Pub. L. 110–315, § 320(5), sub- stituted ‘‘eligible institutions under part A’’ for ‘‘eligi- ble institutions under part A institutions’’ in introduc- tory provisions. See Codification note above. Subsec. (c). Pub. L. 110–315, § 318, added subsec. (c). 1998—Subsec. (a)(5) to (7). Pub. L. 105–244 struck out ‘‘or’’ at end of par. (5), added par. (6), and redesignated former par. (6) as (7). 1992—Subsec. (a). Pub. L. 102–325 substituted ‘‘Sec- retary may waive’’ for ‘‘Secretary shall waive’’. 1987—Subsec. (a)(2). Pub. L. 100–50, § 2(a)(14), sub- stituted ‘‘low-income’’ for ‘‘low- and middle-income’’. Subsec. (b)(3). Pub. L. 100–50, § 2(a)(15), added par. (3). 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. 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. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the last item on page 79 identifies a reporting provision which, as subse- quently amended, is contained in subsec. (b)(2) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 1068b. Application review process (a) Review panel (1) All applications submitted under this sub- chapter by institutions of higher education shall be read by a panel of readers composed of indi- viduals selected by the Secretary. The Secretary shall assure that no individual assigned under this section to review any application has any conflict of interest with regard to the applica- tion which might impair the impartiality with which the individual conducts the review under this section. Page 323 TITLE 20—EDUCATION § 1068d (2) The Secretary shall take care to assure that representatives of historically and pre- dominantly Black colleges, Hispanic institu- tions, Tribal Colleges and Universities, and in- stitutions with substantial numbers of His- panics, Native Americans, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians) are included as readers. (3) All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applica- tions submitted under this subchapter and con- sistent with the provisions of this subchapter, including— (A) explanations and examples of the types of activities referred to in section 1057(b) of this title that should receive special consider- ation for grants awarded under part A and of the types of activities referred to in section 1062 of this title that should receive special consideration for grants awarded under part B; (B) an enumeration of the factors to be used to determine the quality of applications sub- mitted under this subchapter; and (C) an enumeration of the factors to be used to determine whether a grant should be award- ed for a project under this subchapter, the amount of any such grant, and the duration of any such grant. (b) Recommendations of panel In awarding grants under this subchapter, the Secretary shall take into consideration the rec- ommendations of the panel made under sub- section (a). (c) Notification Not later than June 30 of each year, the Sec- retary shall notify each institution of higher education making an application under this sub- chapter of— (1) the scores given the applicant by the panel pursuant to this section; (2) the recommendations of the panel with respect to such application; and (3) the reasons for the decision of the Sec- retary in awarding or refusing to award a grant under this subchapter, and any modi- fications, if any, in the recommendations of the panel made by the Secretary. (d) Exclusion The provisions of this section shall not apply to applications submitted under part D. (Pub. L. 89–329, title III, § 393, formerly § 353, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1305; renumbered § 393 and amend- ed Pub. L. 105–244, title III, §§ 301(a)(2), 308(e), Oct. 7, 1998, 112 Stat. 1636, 1649.) Editorial Notes CODIFICATION Section was formerly classified to section 1068 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 1998—Subsec. (a)(2). Pub. L. 105–244, § 308(e)(1), sub- stituted ‘‘Tribal Colleges and Universities’’ for ‘‘Native American colleges and universities’’. Subsec. (d). Pub. L. 105–244, § 308(e)(2), added subsec. (d). 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. § 1068c. Cooperative arrangements (a) General authority The Secretary may make grants to encourage cooperative arrangements— (1) with funds available to carry out part A, between institutions eligible for assistance under part A and between such institutions and institutions not receiving assistance under this subchapter; or (2) with funds available to carry out part B, between institutions eligible for assistance under part B and institutions not receiving as- sistance under this subchapter; for the activities described in section 1057(b) of this title or section 1062 of this title, as the case may be, so that the resources of the cooperating institutions might be combined and shared to achieve the purposes of such parts and avoid costly duplicative efforts and to enhance the de- velopment of part A and part B eligible institu- tions. (b) Priority The Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Secretary determines that the co- operative arrangement is geographically and economically sound or will benefit the applicant institution. (c) Duration Grants to institutions having a cooperative ar- rangement may be made under this section for a period as determined under section 1059 of this title or section 1062 of this title. (Pub. L. 89–329, title III, § 394, formerly § 354, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1305; renumbered § 394, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636.) Editorial Notes CODIFICATION Section was formerly classified to section 1069 of this title prior to renumbering by Pub. L. 105–244. § 1068d. Assistance to institutions under other programs (a) Assistance eligibility Each institution which the Secretary deter- mines to be an institution eligible under part A or an institution eligible under part B may be eligible for waivers in accordance with sub- section (b). (b) Waiver applicability (1) Subject to, and in accordance with, regula- tions promulgated for the purpose of this sec- tion, in the case of any application by an insti- tution referred to in subsection (a) for assist- ance under any programs specified in paragraph (2), the Secretary is authorized, if such applica-