20 U.S.C. § 1063 — Allotments to institutions

Page 292 TITLE 20—EDUCATION § 1063 Subsec. (a)(12) to (15). Pub. L. 110–315, § 309(2), (3), added pars. (12) to (14) and redesignated former par. (12) as (15). 1998—Subsecs. (b), (c). Pub. L. 105–244, § 304(a)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c)(3). Pub. L. 105–244, § 304(a)(3), struck out par. (3) which read as follows: ‘‘The Secretary shall not award a grant under this part for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of title 47.’’ 1993—Subsec. (b)(3). Pub. L. 103–208 realigned margin. 1992—Subsec. (a)(2). Pub. L. 102–325, § 303(a)(1), in- serted ‘‘, including purchase or rental of telecommuni- cations technology equipment or services’’ after ‘‘fa- cilities’’. Subsec. (a)(5). Pub. L. 102–325, § 303(a)(2), inserted ‘‘, including telecommunications program materials’’ after ‘‘materials’’. Subsec. (a)(9) to (12). Pub. L. 102–325, § 303(a)(3), added pars. (9) to (12). Subsec. (b)(3). Pub. L. 102–325, § 303(b), added par. (3). 1988—Subsec. (a)(3). Pub. L. 100–369, § 10(b)(1), inserted ‘‘, and faculty development’’ after ‘‘exchanges’’. Subsec. (a)(7), (8). Pub. L. 100–369, § 10(b)(2), added pars. (7) and (8). 1987—Subsec. (a). Pub. L. 100–50 substituted ‘‘section 1069f(a)(2) of this title’’ for ‘‘section 1069d(a)(2) of this title’’. 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 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 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. § 1063. Allotments to institutions (a) Allotment; Pell Grant basis From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attend- ance at such institution at the end of the school year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipi- ents at all part B institutions. (b) Allotment; graduates basis From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth that amount as the number of graduates for such school year at such institution bears to the total number of graduates for such school year at all part B in- stitutions. (c) Allotment; graduate and professional student basis From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth of that amount as the percentage of graduates per insti- tution, who are admitted to and in attendance at, within 5 years of graduation with a bacca- laureate degree, a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented, bears to the percentage of such graduates per institution for all part B institutions. (d) Minimum allotment (1) Notwithstanding subsections (a) through (c), and subject to subsection (h), if the amount of an award under this section for a part B insti- tution, based on the data provided by the part B institution and the formula under subsections (a) through (c), would be— (A) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an allotment in the amount of $500,000; and (B) an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000. (2) If the amount appropriated pursuant to sec- tion 1068h(a)(2)(A) of this title for any fiscal year is not sufficient to pay the minimum allot- ment required by paragraph (1) to all part B in- stitutions, the amount of such minimum allot- ments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocations shall be increased on the same basis as the basis on which they were re- duced (until the amount allotted equals the minimum allotment required by paragraph (1)). (e) Reallotment The amount of any part B institution’s allot- ment under subsection (a), (b), (c), or (d) for any fiscal year which the Secretary determines will not be required for such institution for the pe- riod such allotment is available shall be avail- able for reallotment from time to time on such date during such period as the Secretary may determine to other part B institutions in propor- tion to the original allotment to such other in- stitutions under this section for such fiscal year. (f) Special merger rule (1) The Secretary shall permit any eligible in- stitution for a grant under part B in any fiscal year prior to the fiscal year 1986 to apply for a grant under this part if the eligible institution has merged with another institution of higher education which is not so eligible or has merged with an eligible institution. (2) The Secretary may establish such regula- tions as may be necessary to carry out the re- quirement of paragraph (1) of this subsection. Page 293 TITLE 20—EDUCATION § 1063 (g) Special rule for certain District of Columbia eligible institutions In any fiscal year that the Secretary deter- mines that Howard University or the University of the District of Columbia will receive an allot- ment under subsections (b) and (c) of this sec- tion which is not in excess of amounts received by Howard University under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123), relating to an- nual authorization of appropriations for Howard University, or by the University of the District of Columbia under the District of Columbia Home Rule Act (87 Stat. 774) for such fiscal year, then Howard University and the University of the District of Columbia, as the case may be, shall be ineligible to receive an allotment under this section. (h) Conditions for allotments (1) Student requirements for allotment Notwithstanding any other provision of this section, a part B institution that would other- wise be eligible for funds under this part shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), if the part B institution, in the academic year preceding such fiscal year— (A) did not have any enrolled students who were Pell Grant recipients; (B) did not graduate any students; or (C) where appropriate, did not have any students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or profes- sional school in a degree program in dis- ciplines in which Blacks are underrep- resented. (2) Data requirements for allotments Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this part for a fiscal year, including the minimum allotment under sub- section (d), unless the institution provides the Secretary with the data required by the Sec- retary and for purposes of the formula de- scribed in subsections (a) through (c), includ- ing— (A) the number of Pell Grant recipients en- rolled in the part B institution in the aca- demic year preceding such fiscal year; (B) the number of students who earned an associate or baccalaureate degree from the part B institution in the academic year pre- ceding such fiscal year; and (C) where appropriate, the percentage of students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or profes- sional school in a degree program in dis- ciplines in which Blacks are underrep- resented in the academic year preceding such fiscal year. (Pub. L. 89–329, title III, § 324, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 99–509, title VII, § 7007, Oct. 21, 1986, 100 Stat. 1950; Pub. L. 102–325, title III, § 303(c), (d), July 23, 1992, 106 Stat. 475; Pub. L. 105–33, title XI, § 11717(b), Aug. 5, 1997, 111 Stat. 786; Pub. L. 110–315, title III, § 310, Aug. 14, 2008, 122 Stat. 3177; Pub. L. 111–39, title III, § 301(4), July 1, 2009, 123 Stat. 1937.) Editorial Notes REFERENCES IN TEXT The Act of March 2, 1867, referred to in subsec. (g), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Provisions relating to authorization of appropriations are contained in sec- tion 8 of the Act, which is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables. The District of Columbia Home Rule Act, referred to in subsec. (g), is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774. For classification of this Act to the Code, see Ta- bles. PRIOR PROVISIONS A prior section 1063, Pub. L. 89–329, title III, § 324, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395, related to Federal share of grants to institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99–498. Another prior section 1063, Pub. L. 89–329, title IV, § 403, Nov. 8, 1965, 79 Stat. 1233, related to duration of grant and eligibility for payments, 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. (d). Pub. L. 111–39 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 2008—Subsec. (d). Pub. L. 110–315, § 310(a), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘(1) Notwithstanding subsections (a), (b), and (c) of this section, the amount allotted to each part B insti- tution under this section shall not be less than $500,000. ‘‘(2) If the amount appropriated pursuant to section 1069f(a)(2)(A) of this title for any fiscal year is not suffi- cient to pay the minimum allotment required by para- graph (1) of this subsection to all part B institutions, the amount of such minimum allotments shall be rat- ably reduced. If additional sums become available for such fiscal year, such reduced allocation shall be in- creased on the same basis as they were reduced (until the amount allotted equals the minimum allotment re- quired by paragraph (1)).’’ Subsec. (h). Pub. L. 110–315, § 310(b), added subsec. (h). 1997—Subsec. (g). Pub. L. 105–33 substituted ‘‘District of Columbia Home Rule Act’’ for ‘‘District of Columbia Self-Government and Governmental Reorganization Act’’. 1992—Subsec. (c). Pub. L. 102–325, § 303(c), inserted ‘‘, within 5 years of graduation with a baccalaureate degree,’’ after ‘‘in attendance at’’. Subsec. (d)(1). Pub. L. 102–325, § 303(d), substituted ‘‘$500,000’’ for ‘‘$350,000’’. 1986—Subsec. (c). Pub. L. 99–509, § 7007(4), amended subsec. generally, substituting ‘‘percentage of grad- uates per institution’’ for ‘‘number of graduates’’ and ‘‘percentage of such graduates per institution’’ for ‘‘number of such graduates’’. Subsec. (d). Pub. L. 99–509, § 7007(1), (2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 99–509, § 7007(1), (3), redesignated former subsec. (d) as (e), and substituted ‘‘subsection (a), (b), (c), or (d)’’ for ‘‘subsection (a), (b), or (c)’’. Former subsec. (e) redesignated (f). Subsecs. (f), (g). Pub. L. 99–509, § 7007(1), redesignated subsecs. (e) and (f) as (f) and (g), respectively. 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, Page 294 TITLE 20—EDUCATION § 1063a 1 See References in Text note below. 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. 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. § 1063a. Applications (a) Contents No part B institution shall be entitled to its allotment of Federal funds for any grant under section 1063 of this title for any period unless that institution meets the requirements of sub- paragraphs (C), (D), and (E) 1 of section 1058(b)(1) of this title and submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall— (1) provide that the payments under this chapter will be used for the purposes set forth in section 1062 of this title; and (2) provide for making an annual report to the Secretary and provide for— (A) conducting, except as provided in sub- paragraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this sub- chapter at least once every 2 years and cov- ering the period since the most recent audit, conducted by a qualified, independent orga- nization or person in accordance with stand- ards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Sec- retary; or (B) with regard to an eligible institution which is audited under chapter 75 of title 31 deeming such audit to satisfy the require- ments of subparagraph (A) for the period covered by such audit. (b) Approval The Secretary shall approve any application which meets the requirements of subsection (a) and shall not disapprove any application sub- mitted under this part, or any modification thereof, without first affording such institution reasonable notice and opportunity for a hearing. (c) Goals for financial management and aca- demic programs Any application for a grant under this part shall describe measurable goals for the institu- tion’s financial management and academic pro- grams and include a plan of how the applicant intends to achieve those goals. (Pub. L. 89–329, title III, § 325, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 100–50, § 2(a)(8), June 3, 1987, 101 Stat. 335; Pub. L. 102–325, title III, § 303(e), July 23, 1992, 106 Stat. 475.) Editorial Notes REFERENCES IN TEXT Section 1058(b)(1)(E) of this title, referred to in sub- sec. (a), 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. AMENDMENTS 1992—Subsec. (c). Pub. L. 102–325 added subsec. (c). 1987—Subsec. (a)(1). Pub. L. 100–50 substituted ‘‘sec- tion 1062 of this title’’ for ‘‘section 1061 of this title’’. Statutory Notes and Related Subsidiaries 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. § 1063b. Professional or graduate institutions (a) General authorization (1) Subject to the availability of funds appro- priated to carry out this section, the Secretary shall award program grants to each of the post- graduate institutions listed in subsection (e) that is determined by the Secretary to be mak- ing a substantial contribution to the legal, med- ical, dental, veterinary, or other graduate edu- cation opportunities in mathematics, engineer- ing, or the physical or natural sciences for Black Americans. (2) No grant in excess of $1,000,000 may be made under this section unless the postgraduate institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible insti- tution under the funding rules described in sub- section (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an in- stitution to comply with the matching require- ments of this paragraph) among the institutions that have complied with such matching require- ment. (b) Duration Grants shall be made for a period not to ex- ceed 5 years. Any funds awarded for such five- year grant period that are obligated during such five-year period may be expended during the 10- year period beginning on the first day of such five-year period. (c) Uses of funds A grant under this section may be used for— (1) purchase, rental or lease of scientific or laboratory equipment for educational pur- poses, including instructional and research purposes;