20 U.S.C. § 1059d — Alaska Native and Native Hawaiian-serv-

Page 281 TITLE 20—EDUCATION § 1059d 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 2000 AMENDMENT Pub. L. 106–211, § 1(c), May 26, 2000, 114 Stat. 331, pro- vided that: ‘‘The amendments made by this Act [amending this section and section 1059d of this title] shall be effective on the date of the enactment of this Act [May 26, 2000].’’ 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 1993 AMENDMENT Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title. EFFECTIVE DATE Section effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. § 1059d. Alaska Native and Native Hawaiian-serv- ing institutions (a) Program authorized The Secretary shall provide grants and related assistance to Alaska Native-serving institutions and Native Hawaiian-serving institutions to en- able such institutions to improve and expand their capacity to serve Alaska Natives and Na- tive Hawaiians. (b) Definitions For the purpose of this section— (1) the term ‘‘Alaska Native’’ has the mean- ing given the term in section 7546 of this title; (2) the term ‘‘Alaska Native-serving institu- tion’’ means an institution of higher edu- cation 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 at least 20 percent Alaska Native students; (3) the term ‘‘Native Hawaiian’’ has the meaning given the term in section 7517 of this title; and (4) the term ‘‘Native Hawaiian-serving insti- tution’’ means an institution of higher edu- cation which— (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 at least 10 percent Native Hawaiian stu- dents. (c) Authorized activities (1) Types of activities authorized Grants awarded under this section shall be used by Alaska Native-serving institutions and Native Hawaiian-serving institutions to assist such institutions to plan, develop, un- dertake, and carry out activities to improve and expand such institutions’ capacity to serve Alaska Natives or Native Hawaiians. (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; and (I) education or counseling services de- signed to improve the financial literacy and economic literacy of students or the stu- dents’ families. (d) Application process (1) Institutional eligibility Each Alaska Native-serving institution and Native Hawaiian-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Alaska Native-serving insti- tution or a Native Hawaiian-serving institu- tion as defined in subsection (b), along with such other information and data as the Sec- retary may by regulation require. (2) Applications Any institution which is determined by the Secretary to be an Alaska Native-serving in- stitution or a Native Hawaiian-serving insti- tution may submit an application for assist- ance under this section to the Secretary. The Secretary shall, to the extent possible, pre- scribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligi- ble for assistance under this section. Such ap- plication shall include— (A) a 5-year plan for improving the assist- ance provided by the Alaska Native-serving institution or the Native Hawaiian-serving institution to Alaska Native or Native Ha- waiian students; and (B) such other information and assurance as the Secretary may require. (3) Special rules (A) Eligibility No Alaskan Native-serving institution or Native Hawaiian-serving institution that re- ceives funds under this section shall concur- Page 282 TITLE 20—EDUCATION § 1059e rently receive funds under other provisions of this part or part B. (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, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions. (Pub. L. 89–329, title III, § 317, as added Pub. L. 105–244, title III, § 303(f), Oct. 7, 1998, 112 Stat. 1641; amended Pub. L. 106–211, § 1(a), (b)(2), May 26, 2000, 114 Stat. 330; Pub. L. 107–110, title VII, § 702(a), Jan. 8, 2002, 115 Stat. 1946; Pub. L. 110–315, title III, § 304, Aug. 14, 2008, 122 Stat. 3169; Pub. L. 114–95, title IX, § 9215(oo)(6), Dec. 10, 2015, 129 Stat. 2179.) Editorial Notes AMENDMENTS 2015—Subsec. (b)(1). Pub. L. 114–95, § 9215(oo)(6)(A), made technical amendment to reference in original act which appears in text as reference to section 7546 of this title. Subsec. (b)(3). Pub. L. 114–95, § 9215(oo)(6)(B), made technical amendment to reference in original act which appears in text as reference to section 7517 of this title. 2008—Subsec. (c)(2)(I). Pub. L. 110–315 added subpar. (I). 2002—Subsec. (b)(1). Pub. L. 107–110, § 702(a)(1), sub- stituted ‘‘section 7546’’ for ‘‘section 7938’’. Subsec. (b)(3). Pub. L. 107–110, § 702(a)(2), substituted ‘‘section 7517’’ for ‘‘section 7912’’. 2000—Subsec. (d)(2). Pub. L. 106–211, § 1(a), inserted after first sentence ‘‘The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the lim- ited number of institutions that are eligible for assist- ance under this section.’’ Subsec. (d)(3). Pub. L. 106–211, § 1(b)(2), added par. (3). Subsec. (e). Pub. L. 106–211, § 1(b)(2), struck out head- ing and text of subsec. (e). Text read as follows: ‘‘For the purposes of this section, no Alaska Native-serving institution or Native Hawaiian-serving institution which is eligible for and receives funds under this sec- tion may concurrently receive other funds under this part or part B of this subchapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. 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. § 1059e. Predominantly Black Institutions (a) Purpose It is the purpose of this section to assist Pre- dominantly Black Institutions in expanding educational opportunity through a program of Federal assistance. (b) Definitions In this section: (1) Eligible institution The term ‘‘eligible institution’’ means an in- stitution of higher education that— (A) has an enrollment of needy under- graduate students; (B) has an average educational and general expenditure that is low, per full-time equiva- lent undergraduate student, in comparison with the average educational and general ex- penditure per full-time equivalent under- graduate student of institutions that offer similar instruction, except that the Sec- retary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title; (C) has an enrollment of undergraduate students that is not less than 40 percent Black American students; (D) is legally authorized to provide, and provides, within the State an educational program for which the institution of higher education awards a baccalaureate degree or, in the case of a junior or community college, an associate’s degree; (E) is accredited by a nationally recog- nized accrediting agency or association de- termined by the Secretary to be a reliable authority as to the quality of training of- fered or is, according to such an agency or association, making reasonable progress to- ward accreditation; and (F) is not receiving assistance under— (i) part B; (ii) part A of subchapter V; or (iii) an annual authorization of appro- priations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123). (2) Enrollment of needy students The term ‘‘enrollment of needy students’’ means the enrollment at an eligible institu- tion with respect to which not less than 50 per- cent of the undergraduate students enrolled in an academic program leading to a degree— (A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year; (B) come from families that receive bene- fits under a means-tested Federal benefit program; (C) attended a public or nonprofit private secondary school that— (i) is in the school district of a local edu- cational agency that was eligible for as- sistance under part A of title I of the Ele- mentary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and