20 U.S.C. § 1068d — Assistance to institutions under other

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- 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,