20 U.S.C. § 1138c — Special projects

Page 810 TITLE 20—EDUCATION § 1138b has served for 6 consecutive years shall there- after be ineligible for appointment to the Board during a 2-year period following the expiration of such sixth year. (b) Membership The Secretary shall designate one of the mem- bers of the Board as Chairperson of the Board. A majority of the members of the Board shall be public interest representatives, including stu- dents, and a minority shall be educational rep- resentatives. All members selected shall be indi- viduals able to contribute an important perspec- tive on priorities for improvement in postsec- ondary education and strategies of educational and institutional change. (c) Duties The Board shall— (1) advise the Secretary on priorities for the improvement of postsecondary education and make such recommendations as the Board may deem appropriate for the improvement of postsecondary education and for the evalua- tion, dissemination, and adaptation of dem- onstrated improvements in postsecondary edu- cational practice; (2) advise the Secretary on the operation of the Fund for the Improvement of Postsec- ondary Education, including advice on plan- ning documents, guidelines, and procedures for grant competitions prepared by the Fund; and (3) meet at the call of the Chairperson, ex- cept that the Board shall meet whenever one- third or more of the members request in writ- ing that a meeting be held. (d) Information and assistance The Secretary shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions. (Pub. L. 89–329, title VII, § 742, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1797; amended Pub. L. 110–315, title VII, § 707(h)(1), Aug. 14, 2008, 122 Stat. 3360.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1135a of this title, prior to repeal by Pub. L. 105–244. A prior section 1138a, Pub. L. 89–329, title XI, § 1142, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 789; amended Pub. L. 103–208, § 2(j)(47), Dec. 20, 1993, 107 Stat. 2485, authorized grants for student lit- eracy corps and student mentoring corps programs, 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 1138a, Pub. L. 89–329, title XI, § 1122, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1571, authorized appropriations to carry out parts A and B of subchapter XI of this chapter, prior to the general amendment of such subchapter by Pub. L. 102–325. A prior section 742 of Pub. L. 89–329 was classified to section 1132e–1 of this title, prior to the general amend- ment of this subchapter by Pub. L. 99–498. Another prior section 742 of Pub. L. 89–329 was classi- fied to section 1132c–1 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–315, § 707(h)(1)(A), struck out par. (1) designation before ‘‘The Secretary shall designate’’ and struck out par. (2). Prior to amend- ment, text of par. (2) read as follows: ‘‘The Secretary shall appoint the Director of the Fund for the Improve- ment of Postsecondary Education (hereafter in this part referred to as the ‘Director’).’’ Subsec. (c)(1), (2). Pub. L. 110–315, § 707(h)(1)(B), struck out ‘‘and the Director’’ after ‘‘Secretary’’. Subsec. (d). Pub. L. 110–315, § 707(h)(1)(C), substituted ‘‘Secretary’’ for ‘‘Director’’. § 1138b. Administrative provisions The Secretary may appoint, for terms not to exceed 3 years, without regard to the provisions of title 5 governing appointments in the com- petitive service, not more than 7 technical em- ployees to administer this part who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title re- lating to classification and General Schedule pay rates. (Pub. L. 89–329, title VII, § 743, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1797; amended Pub. L. 110–315, title VII, § 707(h)(2), Aug. 14, 2008, 122 Stat. 3360.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1135a–1 of this title, prior to repeal by Pub. L. 105–244. A prior section 1138b, Pub. L. 89–329, title XI, § 1143, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 789, related to use of funds, 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 1138b, Pub. L. 89–329, title XI, § 1123, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1571, defined terms, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102–325. A prior section 743 of Pub. L. 89–329 was classified to section 1132c–2 of this title, prior to the general amend- ment of this subchapter by Pub. L. 96–374. AMENDMENTS 2008—Pub. L. 110–315 struck out subsec. (a) designa- tion and heading before ‘‘The Secretary may appoint,’’ and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘The Director shall estab- lish procedures for reviewing and evaluating grants and contracts made or entered into under this part. Proce- dures for reviewing grant applications or contracts for financial assistance under this section may not be sub- ject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education.’’ § 1138c. Special projects (a) Grant authority The Secretary is authorized to make grants to institutions of higher education, or consortia thereof, and such other public agencies and non- profit organizations as the Secretary deems nec- essary for innovative projects concerning one or more areas of particular national need identified by the Secretary. (b) Application No grant shall be made under this part unless an application is made at such time, in such manner, and contains or is accompanied by such information as the Secretary may require. (c) Areas of national need Areas of national need shall include, at a min- imum, the following: Page 811 TITLE 20—EDUCATION §§ 1139 to 1139h (1) Institutional restructuring to improve learning and promote productivity, efficiency, quality improvement, and cost reduction. (2) Improvements in academic instruction and student learning, including efforts de- signed to assess the learning gains made by postsecondary students. (3) Articulation between two- and four-year institutions of higher education, including de- veloping innovative methods for ensuring the successful transfer of students from two- to four-year institutions of higher education. (4) Development, evaluation, and dissemina- tion of model courses, including model courses that— (A) provide students with a broad and inte- grated knowledge base; (B) include, at a minimum, broad survey courses in English literature, American and world history, American political institu- tions, economics, philosophy, college-level mathematics, and the natural sciences; and (C) include study of a foreign language that leads to reading and writing com- petency in the foreign language. (5) International cooperation and student ex- changes among postsecondary educational in- stitutions. (6) Support of centers to incorporate edu- cation in quality and safety into the prepara- tion of medical and nursing students, through grants to medical schools, nursing schools, and osteopathic schools. Such grants shall be used to assist in providing courses of instruc- tion that specifically equip students to— (A) understand the causes of, and remedies for, medical error, medically induced patient injuries and complications, and other defects in medical care; (B) engage effectively in personal and sys- temic efforts to continually reduce medical harm; and (C) improve patient care and outcomes, as recommended by the Institute of Medicine of the National Academies. (Pub. L. 89–329, title VII, § 744, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1798; amended Pub. L. 110–315, title VII, § 707(f), (h)(3), Aug. 14, 2008, 122 Stat. 3359, 3361; Pub. L. 111–39, title VII, § 701(3), July 1, 2009, 123 Stat. 1954.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1135a–11 of this title, prior to repeal by Pub. L. 105–244. A prior section 1138c, Pub. L. 89–329, title XI, § 1144, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 789; amended Pub. L. 103–382, title III, § 391(e)(10), Oct. 20, 1994, 108 Stat. 4023, related to applications for grants, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. A prior section 744 of Pub. L. 89–329 was classified to section 1132c–3 of this title, prior to the general amend- ment of this subchapter by Pub. L. 96–374. AMENDMENTS 2009—Subsec. (c)(6)(C). Pub. L. 111–39 inserted ‘‘of the National Academies’’ after ‘‘Institute of Medicine’’. 2008—Subsec. (a). Pub. L. 110–315, § 707(h)(3), sub- stituted ‘‘Secretary’’ for ‘‘Director’’ wherever appear- ing. Subsec. (c). Pub. L. 110–315, § 707(f), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘Areas of national need shall initially include, but shall not be limited to, the following: ‘‘(1) Institutional restructuring to improve learning and promote productivity, efficiency, quality im- provement, and cost and price control. ‘‘(2) Articulation between 2- and 4-year institutions of higher education, including developing innovative methods for ensuring the successful transfer of stu- dents from 2- to 4-year institutions of higher edu- cation. ‘‘(3) Evaluation and dissemination of model pro- grams. ‘‘(4) International cooperation and student ex- change among postsecondary educational institu- tions.’’ 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. § 1138d. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VII, § 745, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1798; amended Pub. L. 110–315, title VII, § 707(g), Aug. 14, 2008, 122 Stat. 3360.) Editorial Notes PRIOR PROVISIONS A prior section 1138d, Pub. L. 89–329, title XI, § 1145, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 791, related to technical assistance and coordina- tion contract, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. A prior section 745 of Pub. L. 89–329 was classified to section 1132c–4 of this title, prior to the general amend- ment of this subchapter by Pub. L. 96–374. A prior section 1138e, Pub. L. 89–329, title XI, § 1146, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 791, defined terms ‘‘institution of higher edu- cation’’ and ‘‘public community agency’’, prior to re- peal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. AMENDMENTS 2008—Pub. L. 110–315 substituted ‘‘such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years’’ for ‘‘$30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years’’. PART C—URBAN COMMUNITY SERVICE §§ 1139 to 1139h. Repealed. Pub. L. 110–315, title VII, § 708, Aug. 14, 2008, 122 Stat. 3361 Section 1139, Pub. L. 89–329, title VII, § 751, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1798, set out Congressional findings. A prior section 1139, Pub. L. 89–329, title XI, § 1151, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 792, authorized appropriations for the innovative projects for community service program, student lit- eracy corps program, and student mentoring corps pro- gram, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.