20 U.S.C. § 1058 — Definitions; eligibility

Page 276 TITLE 20—EDUCATION § 1058 1 So in original. Probably should be ‘‘subsection,’’. Subsecs. (c), (d). Pub. L. 105–244, § 303(a), added sub- secs. (c) and (d). 1987—Subsec. (b)(1). Pub. L. 100–50 substituted ‘‘sec- tion 1069f(a)(1) of this title’’ for ‘‘section 1069d(a)(1) of this title’’. 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 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. § 1058. Definitions; eligibility (a) Educational and general expenditures For the purpose of this part, the term ‘‘edu- cational and general expenditures’’ means the total amount expended by an institution of higher education for instruction, research, pub- lic 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 ‘‘eligi- ble institution’’ means— (1) an institution of higher education— (A) which has an enrollment of needy stu- dents as required by subsection (d); (B) except as provided in section 1068a(b) of this title, the average educational and gen- eral expenditures of which are low, per full- time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equiv- alent undergraduate student of institutions that offer similar instruction; (C) which is— (i) legally authorized to provide, and pro- vides within the State, an educational pro- gram 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 Col- lege; (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 of- fered or which is, according to such an agen- cy or association, making reasonable progress toward accreditation; (E) which meets such other requirements as the Secretary may prescribe; and (F) located in a State; and (2) any branch of any institution of higher education described under paragraph (1) which by itself satisfies the requirements contained in subparagraphs (A) and (B) of such para- graph. For purposes of the determination of whether an institution is an eligible institution under this paragraph,1 the factor described under para- graph (1)(A) shall be given twice the weight of the factor described under paragraph (1)(B). (c) Endowment fund For the purpose of this part, the term ‘‘endow- ment fund’’ means a fund that— (1) is established by State law, by an institu- tion of higher education, or by a foundation that is exempt from Federal income taxation; (2) is maintained for the purpose of gener- ating income for the support of the institu- tion; and (3) does not include real estate. (d) Enrollment of needy students Except as provided in section 1059e(b) of this title, for the purpose of this part, the term ‘‘en- rollment of needy students’’ means an enroll- ment at an institution of higher education or a junior or community college which includes— (1) at least 50 percent of the degree students so enrolled who are receiving need-based as- sistance under subchapter IV of this chapter in the second fiscal year preceding the fiscal year for which the determination is being made (other than loans for which an interest subsidy is paid pursuant to section 1078 of this title), or (2) a substantial percentage of students re- ceiving Pell Grants in the second fiscal year preceding the fiscal year for which determina- tion is being made, in comparison with the percentage of students receiving Pell Grants at all such institutions in the second fiscal year preceding the fiscal year for which the determination is made, unless the requirement of this paragraph is waived under section 1068a(a) of this title. (e) Full-time equivalent students For the purpose of this part, the term ‘‘full- time equivalent students’’ means the sum of the number of students enrolled full time at an in- stitution, plus the full-time equivalent of the number of students enrolled part time (deter- mined on the basis of the quotient of the sum of the credit hours of all part-time students di- vided by 12) at such institution. (f) Junior or community college For the purpose of this part, the term ‘‘junior or community college’’ means an institution of higher education— (1) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institu- tion is located and who have the ability to benefit from the training offered by the insti- tution; (2) that does not provide an educational pro- gram for which it awards a bachelor’s degree (or an equivalent degree); and (3) that— (A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree, or (B) offers a 2-year program in engineering, mathematics, or the physical or biological Page 277 TITLE 20—EDUCATION § 1058 sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, sci- entific, or other technological fields requir- ing the understanding and application of basic engineering, scientific, or mathe- matical principles of knowledge. (g) Low-income individual For the purpose of this part, the term ‘‘low-in- come individual’’ means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. (h) Historically black college or university For the purposes of this section, no histori- cally black college or university which is eligi- ble for and receives funds under part B of this subchapter is eligible for or may receive funds under this part. (Pub. L. 89–329, title III, § 312, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1292; amended Pub. L. 100–50, § 2(a)(2)–(6), June 3, 1987, 101 Stat. 335; Pub. L. 100–369, § 10(a), July 18, 1988, 102 Stat. 837; Pub. L. 102–325, title III, § 302(a), (b), July 23, 1992, 106 Stat. 472; Pub. L. 103–208, § 2(a)(5), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 103–382, title III, § 353, Oct. 20, 1994, 108 Stat. 3966; Pub. L. 105–244, title III, §§ 301(c)(2), 303(b), Oct. 7, 1998, 112 Stat. 1636, 1639; Pub. L. 110–315, title III, §§ 302, 305(b), Aug. 14, 2008, 122 Stat. 3167, 3173.) Editorial Notes PRIOR PROVISIONS A prior section 1058, Pub. L. 89–329, title III, § 312, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1391, defined terms used in this subchapter, prior to the general revision of this subchapter by Pub. L. 99–498. AMENDMENTS 2008—Subsec. (b)(1)(A). Pub. L. 110–315, § 302(1), sub- stituted ‘‘subsection (d)’’ for ‘‘subsection (c) of this sec- tion’’. Subsec. (d). Pub. L. 110–315, § 305(b), substituted ‘‘Ex- cept as provided in section 1059e(b) of this title, for the purpose’’ for ‘‘For the purpose’’ in introductory provi- sions. Subsec. (d)(2). Pub. L. 110–315, § 302(2), substituted ‘‘paragraph’’ for ‘‘subdivision’’. Subsecs. (g), (h). Pub. L. 110–315, § 302(3), (4), added subsec. (g) and redesignated former subsec. (g) as (h). 1998—Subsec. (b)(1)(B). Pub. L. 105–244, § 301(c)(2)(A), substituted ‘‘section 1068a(b)’’ for ‘‘section 1067(b)’’. Subsec. (c). Pub. L. 105–244, § 303(b)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (c)(2). Pub. L. 105–244, § 301(c)(2)(B), sub- stituted ‘‘section 1068a(a)’’ for ‘‘section 1067(a)’’. Subsecs. (d) to (g). Pub. L. 105–244, § 303(b)(1), redesig- nated subsecs. (c) to (f) as (d) to (g), respectively. 1994—Subsec. (b)(1)(C). Pub. L. 103–382, § 353(1), amend- ed subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘(C)(i) which is legally authorized to provide, and provides within the State, an edu- cational program for which it awards a bachelor’s de- gree, or (ii) which is a junior or community college;’’. Subsec. (b)(1)(F). Pub. L. 103–382, § 353(2), (3), added subpar. (F). 1993—Subsec. (c)(2). Pub. L. 103–208 inserted ‘‘the’’ after ‘‘such institutions in’’. 1992—Subsec. (b)(1), (2). Pub. L. 102–325, § 302(a)(1), (2), inserted ‘‘and’’ at end of subpar. (D), struck out subpar. (E), redesignated subpar. (F) as (E) and inserted ‘‘and’’ at end, and substituted period for semicolon at end of par. (2). Prior to amendment, subpar. (E) of par. (1) read as follows: ‘‘except as provided in section 1067(b) of this title which has, during the 5 academic years preceding the academic year for which it seeks assistance under this part— ‘‘(i) met the requirement of either subparagraph (C)(i) or (C)(ii), or of both such subparagraphs (simul- taneously or consecutively); and ‘‘(ii) met the requirement of subparagraph (D); and’’. Subsec. (b)(3) to (5). Pub. L. 102–325, § 302(a)(3), struck out pars. (3) to (5) which read as follows: ‘‘(3) any institution of higher education which has an enrollment of which at least 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic stu- dents, or combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); ‘‘(4) any institution of higher education which has an enrollment of at least 60 percent American Indian, or in the case of Alaska natives, an enrollment of at least 5 percent, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); and ‘‘(5) any institution of higher education which has an enrollment of which at least 5 percent are Native Ha- waiian, Asian American, American Samoan, Microne- sian, Guamian (Chamorro), and Northern Marianian, or any combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1).’’ Subsec. (c)(2). Pub. L. 102–325, § 302(b), substituted ‘‘second fiscal year preceding the fiscal year for which the determination is made, unless the requirement’’ for ‘‘second preceding fiscal year, unless the requirement’’. 1988—Subsec. (f). Pub. L. 100–369 added subsec. (f). 1987—Subsec. (b)(1)(C), (D). Pub. L. 100–50, § 2(a)(2)(A), inserted ‘‘which’’ before ‘‘is’’ wherever appearing. Subsec. (b)(1)(E). Pub. L. 100–50, § 2(a)(2)(B), inserted ‘‘which’’ before ‘‘has’’. Subsec. (b)(1)(F). Pub. L. 100–50, § 2(a)(2)(C), inserted ‘‘which’’ before ‘‘meets’’. Subsec. (b)(3), (5). Pub. L. 100–50, § 2(a)(3), (4), sub- stituted ‘‘subparagraphs (A), (B), (C), and (D)’’ for ‘‘sub- paragraphs (A) and (B)’’. Subsec. (c)(1). Pub. L. 100–50, § 2(a)(5), inserted ‘‘in the second fiscal year preceding the fiscal year for which the determination is being made’’ after ‘‘chapter 34 of title 42’’. Subsec. (c)(2). Pub. L. 100–50, § 2(a)(6), substituted ‘‘fiscal year preceding the fiscal year for which deter- mination is being made’’ for ‘‘preceding fiscal year’’ and ‘‘second preceding fiscal year’’ for ‘‘such fiscal year’’. 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. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, 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-