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20 U.S.C. § 1059 — Duration of grant
Federal law — U.S. Code and appendices · legal_authorities
Page 278
TITLE 20—EDUCATION
§ 1059
Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out
as a note under section 1001 of this title.
§ 1059. Duration of grant
(a) Award period
The Secretary may award a grant to an eligi-
ble institution under this part for 5 years.
(b) Limitations
In awarding grants under this part the Sec-
retary shall give priority to applicants who are
not already receiving a grant under this part,
except that for the purpose of this subsection a
grant under subsection (c) and a grant under
section 1068c(a)(1) of this title shall not be con-
sidered a grant under this part.
(c) Planning grants
Notwithstanding subsection (a), the Secretary
may award a grant to an eligible institution
under this part for a period of one year for the
purpose of preparation of plans and applications
for a grant under this part.
(d) Wait-out-period
Each eligible institution that received a grant
under this part for a 5-year period shall not be
eligible to receive an additional grant under this
part until 2 years after the date on which the 5-
year grant period terminates.
(Pub. L. 89–329, title III, § 313, as added Pub. L.
99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat.
1294; amended Pub. L. 102–325, title III, § 302(c),
July 23, 1992, 106 Stat. 472; Pub. L. 103–208,
§ 2(a)(6), Dec. 20, 1993, 107 Stat. 2457; Pub. L.
105–244, title III, §§ 301(c)(3), 303(c), Oct. 7, 1998,
112 Stat. 1637, 1639.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1059, Pub. L. 89–329, title III, § 313, as
added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat.
1392, provided for duration of grants under this part,
prior to the general revision of this subchapter by Pub.
L. 99–498.
AMENDMENTS
1998—Subsec. (b). Pub. L. 105–244, § 303(c)(1), in
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Page 278
TITLE 20—EDUCATION
§ 1059
Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out
as a note under section 1001 of this title.
§ 1059. Duration of grant
(a) Award period
The Secretary may award a grant to an eligi-
ble institution under this part for 5 years.
(b) Limitations
In awarding grants under this part the Sec-
retary shall give priority to applicants who are
not already receiving a grant under this part,
except that for the purpose of this subsection a
grant under subsection (c) and a grant under
section 1068c(a)(1) of this title shall not be con-
sidered a grant under this part.
(c) Planning grants
Notwithstanding subsection (a), the Secretary
may award a grant to an eligible institution
under this part for a period of one year for the
purpose of preparation of plans and applications
for a grant under this part.
(d) Wait-out-period
Each eligible institution that received a grant
under this part for a 5-year period shall not be
eligible to receive an additional grant under this
part until 2 years after the date on which the 5-
year grant period terminates.
(Pub. L. 89–329, title III, § 313, as added Pub. L.
99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat.
1294; amended Pub. L. 102–325, title III, § 302(c),
July 23, 1992, 106 Stat. 472; Pub. L. 103–208,
§ 2(a)(6), Dec. 20, 1993, 107 Stat. 2457; Pub. L.
105–244, title III, §§ 301(c)(3), 303(c), Oct. 7, 1998,
112 Stat. 1637, 1639.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1059, Pub. L. 89–329, title III, § 313, as
added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat.
1392, provided for duration of grants under this part,
prior to the general revision of this subchapter by Pub.
L. 99–498.
AMENDMENTS
1998—Subsec. (b). Pub. L. 105–244, § 303(c)(1), inserted
‘‘subsection (c) and a grant under’’ after ‘‘this sub-
section a grant under’’.
Pub. L. 105–244, § 301(c)(3), substituted ‘‘section
1068c(a)(1)’’ for ‘‘section 1069(a)(1)’’.
Subsec. (d). Pub. L. 105–244, § 303(c)(2), added subsec.
(d).
1993—Subsec. (b). Pub. L. 103–208 inserted before pe-
riod at end ‘‘, except that for the purpose of this sub-
section a grant under section 1069(a)(1) of this title
shall not be considered a grant under this part’’.
1992—Subsecs. (a), (b). Pub. L. 102–325 amended sub-
secs. (a) and (b) generally, substituting present provi-
sions for provisions which related: in subsec. (a), to the
awarding of grants for not to exceed 3, 4, or 5 years; and
in subsec. (b), to waiting periods for awarding of subse-
quent grants.
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 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.
§ 1059a. Applications
Each eligible institution desiring to receive
assistance under this part shall submit an appli-
cation in accordance with the requirements of
section 1068 of this title.
(Pub. L. 89–329, title III, § 314, as added Pub. L.
105–244, title III, § 303(d), Oct. 7, 1998, 112 Stat.
1639.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1059a, Pub. L. 89–329, title III, § 314, as
added Pub. L. 100–50, § 2(b), June 3, 1987, 101 Stat. 336, re-
lated to application review process, prior to repeal by
Pub. L. 105–244, § 3, title III, § 303(d), Oct. 7, 1998, 112
Stat. 1585, 1639, effective Oct. 1, 1998.
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.
§ 1059b. Goals for financial management and aca-
demic program
(a) Goals
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.
(b) Continuation requirements
Any
continuation
application
shall
dem-
onstrate the progress made toward achievement
of the goals described pursuant to subsection
(a).
(Pub. L. 89–329, title III, § 315, as added Pub. L.
102–325, title III, § 302(d)(1), July 23, 1992, 106
Stat. 472.)
Statutory Notes and Related Subsidiaries
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.
§ 1059c. American Indian tribally controlled col-
leges and universities
(a) Program authorized
The Secretary shall provide grants and related
assistance to Tribal Colleges and Universities to
enable such institutions to improve and expand
their capacity to serve Indian students.
(b) Definitions
In this section:
(1) Indian
The term ‘‘Indian’’ has the meaning given
the term in section 2 of the Tribally Con-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Educational and general expenditures** For the purpose of this part, the term “educational and general expenditures” means the total amount expended by an institution of higher education for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers which the institution is required to pay by law.
**(b) Eligible institution** For the purpose of this part, the term “eligible institution” means—
(1) an institution of higher education—
(A) which has an enrollment of needy students as required by subsection (d);
(B) except as provided in [section 1068a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1068a/b&num=0&edition=prelim), the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction;
(C) which is—
(i) legally authorized to provide, and provides within the State, an educational program for which such institution awards a bachelor’s degree;
(ii) a junior or community college; or
(iii) the College of the Marshall Islands, the College of Micronesia/Federated States of Micronesia, and Palau Community College;
(D) which is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or which is, according to such an agency or association, making reasonable progress toward accreditation;
(E
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