20 U.S.C. § 1061 — Definitions

Page 290 TITLE 20—EDUCATION § 1061 1 So in original. Ord. No. 14041) extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of President’s Board of Advisors on Historically Black Colleges and Univer- sities as established by various Executive Orders were contained in the following prior Executive Orders: Established by Ex. Ord. No. 14041: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Established by Ex. Ord. No. 13779: Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex- tended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Established by Ex. Ord. No. 13532: Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, ex- tended term until Sept. 30, 2013. Established by Ex. Ord. No. 13256: Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, ex- tended term until Sept. 30, 2011. Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, ex- tended term until Sept. 30, 2009. Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, ex- tended term until Sept. 30, 2007. Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, ex- tended term until Sept. 30, 2005. Established by Ex. Ord. No. 12876: Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, ex- tended term until Sept. 30, 2003. Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, ex- tended term until Sept. 30, 2001. Ex. Ord. No. 13062, § 1(e), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999. Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, ex- tended term until Sept. 30, 1997. DETERMINATIONS REGARDING PRESIDENT’S BOARD OF ADVISORS Memorandum of the President of the United States, Aug. 17, 1990, 55 F.R. 46491, provided: Memorandum for the Secretary of Education By virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, including section 208 of title 18 of the United States Code and section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of Education my authority to make determinations under subsection (b) of section 208 of title 18, United States Code, for the members of the President’s Board of Advisors on Historically Black Colleges and Univer- sities, established pursuant to Executive Order 12677 of April 28, 1989 [formerly set out above]. This memorandum shall be published in the Federal Register. GEORGE BUSH. § 1061. Definitions For the purpose of this part: (1) The term ‘‘graduate’’ means an indi- vidual who has attended an institution for at least three semesters and fulfilled academic requirements for undergraduate studies in not more than 5 consecutive school years. (2) The term ‘‘part B institution’’ means any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nation- ally recognized accrediting agency or associa- tion determined by the Secretary to be a reli- able authority as to the quality of training of- fered or is, according to such an agency or as- sociation, making reasonable progress toward accreditation,,1 except that any branch cam- pus of a southern institution of higher edu- cation that prior to September 30, 1986, re- ceived a grant as an institution with special needs under section 1060 of this title and was formally recognized by the National Center for Education Statistics as a Historically Black College or University but was determined not to be a part B institution on or after October 17, 1986, shall, from July 18, 1988, be considered a part B institution. (3) The term ‘‘Pell Grant recipient’’ means a recipient of financial aid under subpart 1 of part A of subchapter IV of this chapter. (4) The term ‘‘professional and academic areas in which Blacks are underrepresented’’ shall be determined by the Secretary, in con- sultation with the Commissioner for Edu- cation Statistics and the Commissioner of the Bureau of Labor Statistics, on the basis of the most recent available satisfactory data, as professional and academic areas in which the percentage of Black Americans who have been educated, trained, and employed is less than the percentage of Blacks in the general popu- lation. (5) The term ‘‘school year’’ means the period of 12 months beginning July 1 of any calendar year and ending June 30 of the following cal- endar year. (Pub. L. 89–329, title III, § 322, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294; amended Pub. L. 100–369, § 10(c), July 18, 1988, 102 Stat. 838; Pub. L. 110–315, title III, § 308, Aug. 14, 2008, 122 Stat. 3177.) Editorial Notes PRIOR PROVISIONS A prior section 1061, Pub. L. 89–329, title III, § 322, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1393, defined terms used in this part, prior to the gen- eral revision of this subchapter by Pub. L. 99–498. Another prior section 1061, Pub. L. 89–329, title IV, § 401, Nov. 8, 1965, 79 Stat. 1232; Pub. L. 90–575, title I, § 101(a), (b)(1), Oct. 16, 1968, 82 Stat. 1017; Pub. L. 91–95, § 4, Oct. 22, 1969, 83 Stat. 143; Pub. L. 92–318, title I, § 131(a)(1)(A), June 23, 1972, 86 Stat. 247, related to state- ment of purpose and authorization of appropriations for educational opportunity grants, prior to the general re- vision of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247. AMENDMENTS 2008—Par. (4). Pub. L. 110–315 inserted ‘‘, in consulta- tion with the Commissioner for Education Statistics’’ before ‘‘and the Commissioner’’. 1988—Par. (2). Pub. L. 100–369 inserted ‘‘,, except that any branch campus of a southern institution of higher education that prior to September 30, 1986, received a grant as an institution with special needs under section 1060 of this title and was formally recognized by the National Center for Education Statistics as a Histori- cally Black College or University but was determined not to be a part B institution on or after October 17, 1986, shall, from July 18, 1988, be considered a part B in- stitution’’ after ‘‘accreditation’’. Page 291 TITLE 20—EDUCATION § 1062 § 1062. Grants to institutions (a) General authorization; uses of funds From amounts available under section 1068h(a)(2) of this title for any fiscal year, the Secretary shall make grants (under section 1063 of this title) to institutions which have applica- tions approved by the Secretary (under section 1063a of this title) for any of the following uses: (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 classroom, library, lab- oratory, and other instructional facilities, in- cluding purchase or rental of telecommuni- cations technology equipment or services. (3) Support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in their field of instruction. (4) Academic instruction in disciplines in which Black Americans are underrepresented. (5) Purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program mate- rials. (6) Tutoring, counseling, and student service programs designed to improve academic suc- cess. (7) Funds and administrative management, 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 enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher cer- tification. (11) Establishing community outreach pro- grams which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education. (12) Acquisition of real property in connec- tion with the construction, renovation, or ad- dition to or improvement of campus facilities. (13) Education or financial information de- signed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student in- debtedness and student assistance programs under subchapter IV. (14) Services necessary for the implementa- tion of projects or activities that are described in the grant application and that are ap- proved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose. (15) Other activities proposed in the applica- tion submitted pursuant to section 1063a of this title that— (A) contribute to carrying out the pur- poses of this part; and (B) are approved by the Secretary as part of the review and acceptance of such applica- tion. (b) Endowment fund (1) In general An institution may use not more than 20 percent of the grant funds provided under this part to establish or increase an endowment fund at the institution. (2) Matching requirement In order to be eligible to use grant funds in accordance with paragraph (1), the eligible in- stitution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accord- ance with paragraph (1), for the establishment or increase of the endowment fund. (3) Comparability The provisions of part C regarding the estab- lishment or increase of an endowment fund, that the Secretary determines are not incon- sistent with this subsection, shall apply to funds used under paragraph (1). (c) Limitations (1) No grant may be made under this chapter for any educational program, activity, or service related to sectarian instruction or religious wor- ship, or provided by a school or department of divinity. For the purpose of this subsection, the term ‘‘school or department of divinity’’ means an institution whose program is specifically for the education of students to prepare them to be- come ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects. (2) Not more than 50 percent of the allotment of any institution may be available for the pur- pose of constructing or maintaining a class- room, library, laboratory, or other instructional facility. (Pub. L. 89–329, title III, § 323, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1295; amended Pub. L. 100–50, § 2(a)(7), June 3, 1987, 101 Stat. 335; Pub. L. 100–369, § 10(b), July 18, 1988, 102 Stat. 838; Pub. L. 102–325, title III, § 303(a), (b), July 23, 1992, 106 Stat. 474, 475; Pub. L. 103–208, § 2(a)(8), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 304(a), Oct. 7, 1998, 112 Stat. 1642; Pub. L. 110–315, title III, § 309, Aug. 14, 2008, 122 Stat. 3177; Pub. L. 111–39, title III, § 301(3), July 1, 2009, 123 Stat. 1937.) Editorial Notes PRIOR PROVISIONS A prior section 1062, Pub. L. 89–329, title III, § 323, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395, provided for duration of grants to institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99–498. Another prior section 1062, Pub. L. 89–329, title IV, § 402, Nov. 8, 1965, 79 Stat. 1232; Pub. L. 90–575, title I, § 102, Oct. 16, 1968, 82 Stat. 1017, related to determina- tion of amount of grant and establishment of basic cri- teria or schedules, prior to the general revision of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–39 substituted ‘‘for any fiscal year,’’ for ‘‘in any fiscal year’’ in introductory provisions. 2008—Subsec. (a). Pub. L. 110–315, § 309(1), substituted ‘‘section 1068h(a)(2)’’ for ‘‘section 1069f(a)(2)’’ in intro- ductory provisions.