20 U.S.C. § 1059e — Predominantly Black Institutions

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 Page 283 TITLE 20—EDUCATION § 1059e 1 So in original. Probably should be ‘‘subsection’’. (ii) for the purpose of this paragraph and for such year of attendance, was deter- mined by the Secretary (pursuant to regu- lations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meet- ing a measure of poverty under section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or (D) are first-generation college students and a majority of such first-generation col- lege students are low-income individuals. (3) First-generation college student The term ‘‘first-generation college student’’ has the meaning given the term in section 1070a–11(h) of this title. (4) Low-income individual The term ‘‘low-income individual’’ has the meaning given such term in section 1070a–11(h) of this title. (5) Means-tested Federal benefit program The term ‘‘means-tested Federal benefit pro- gram’’ means a program of the Federal Gov- ernment, other than a program under sub- chapter IV, in which eligibility for the pro- gram’s benefits, or the amount of such bene- fits, are determined on the basis of income or resources of the individual or family seeking the benefit. (6) Predominantly Black Institution The term ‘‘Predominantly Black Institu- tion’’ means an institution of higher edu- cation, as defined in section 1001(a) of this title— (A) that is an eligible institution with not less than 1,000 undergraduate students; (B) at which not less than 50 percent of the undergraduate students enrolled at the eligi- ble institution are low-income individuals or first-generation college students; and (C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the eligible insti- tution is licensed to award by the State in which the eligible institution is located. (7) State The term ‘‘State’’ means each of the 50 States and the District of Columbia. (c) Grant authority (1) In general The Secretary is authorized to award grants, from allotments under subsection (e), to Pre- dominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in sub- section (d). (2) Priority In awarding grants under this section the Secretary shall give priority to Predomi- nantly Black Institutions with large numbers or percentages of students described in sub- sections 1 (b)(1)(A) or (b)(1)(C). The level of pri- ority given to Predominantly Black Institu- tions with large numbers or percentages of students described in subsection (b)(1)(A) shall be twice the level of priority given to Pre- dominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(C). (d) Authorized activities (1) Required activities Grant funds provided under this section shall be used— (A) to assist the Predominantly Black In- stitution to plan, develop, undertake, and implement programs to enhance the institu- tion’s capacity to serve more low- and mid- dle-income Black American students; (B) to expand higher education opportuni- ties for students eligible to participate in programs under subchapter IV by encour- aging college preparation and student per- sistence in secondary school and postsec- ondary education; and (C) to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the students de- scribed in subparagraphs (A) and (B). (2) Additional activities Grant funds provided under this section shall be used for one or more of the following activities: (A) The activities described in paragraphs (1) through (12) of section 1057(c) of this title. (B) Academic instruction in disciplines in which Black Americans are underrep- resented. (C) Establishing or enhancing a program of teacher education designed to qualify stu- dents to teach in a public elementary school or secondary school in the State that shall include, as part of such program, prepara- tion for teacher certification or licensure. (D) Establishing community outreach pro- grams that will encourage elementary school and secondary school students to de- velop the academic skills and the interest to pursue postsecondary education. (E) Other activities proposed in the appli- cation submitted pursuant to subsection (f) that— (i) contribute to carrying out the pur- pose of this section; and (ii) are approved by the Secretary as part of the review and approval of an ap- plication submitted under subsection (f). (3) Endowment fund (A) In general A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to estab- lish or increase an endowment fund at the institution. (B) Matching requirement In order to be eligible to use grant funds in accordance with subparagraph (A), a Pre- dominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Fed- Page 284 TITLE 20—EDUCATION § 1059e eral funds used in accordance with subpara- graph (A), for the establishment or increase of the endowment fund. (C) Comparability The provisions of part C, regarding the es- tablishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A). (4) Limitation Not more than 50 percent of the grant funds provided to a Predominantly Black Institution under this section may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other in- structional facility. (e) Allotments to Predominantly Black Institu- tions (1) Federal Pell Grant basis From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Insti- tution having an application approved under subsection (f) a sum that bears the same ratio to one-half of that amount as the number of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal Pell Grant recipients at all such institutions at the end of such academic year. (2) Graduates basis From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Insti- tution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such in- stitution, bears to the total number of grad- uates for such academic year at all such insti- tutions. (3) Graduates seeking a higher degree basis From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Insti- tution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percent- age of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an asso- ciate’s degree or a baccalaureate degree, a bac- calaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black Amer- ican students are underrepresented, bears to the percentage of such graduates for all such institutions. (4) Minimum allotment (A) In general Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predomi- nantly Black Institution under this section may not be less than $250,000. (B) Insufficient amount If the amounts appropriated to carry out this section for a fiscal year are not suffi- cient to pay the minimum allotment pro- vided under subparagraph (A) for the fiscal year, then the amount of such minimum al- lotment shall be ratably reduced. If addi- tional sums become available for such fiscal year, such reduced allotment shall be in- creased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under subparagraph (A). (5) Reallotment The amount of a Predominantly Black Insti- tution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary de- termines will not be needed for such institu- tion for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary deter- mines appropriate. (f) Applications Each Predominantly Black Institution desir- ing a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reason- ably require. (g) Application review process Section 1068b of this title shall not apply to applications under this section. (h) Duration and carryover Any grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury. (i) Special rule on eligibility No Predominantly Black Institution that re- ceives funds under this section shall concur- rently receive funds under any other provision of this part, part B, or part A of subchapter V. (Pub. L. 89–329, title III, § 318, as added Pub. L. 110–315, title III, § 305(a), Aug. 14, 2008, 122 Stat. 3169; amended Pub. L. 111–39, title III, § 301(2), July 1, 2009, 123 Stat. 1937.) Editorial Notes REFERENCES IN TEXT The Act of March 2, 1867, referred to in subsec. (b)(1)(F)(iii), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Pro- visions relating to authorization of appropriations are contained in section 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 Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(C)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of sub- chapter I of chapter 70 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. AMENDMENTS 2009—Subsec. (b)(1)(F). Pub. L. 111–39 added subpar. (F) and struck out former subpar. (F) which read as fol- Page 285 TITLE 20—EDUCATION § 1059f lows: ‘‘is not receiving assistance under part B or part A of subchapter V.’’ 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. § 1059f. Native American-serving, nontribal insti- tutions (a) Program authorized The Secretary shall provide grants and related assistance to Native American-serving, non- tribal institutions to enable such institutions to improve and expand their capacity to serve Na- tive Americans and low-income individuals. (b) Definitions In this section: (1) Native American The term ‘‘Native American’’ means an indi- vidual who is of a tribe, people, or culture that is indigenous to the United States. (2) Native American-serving, nontribal institu- tion The term ‘‘Native American-serving, non- tribal institution’’ means an institution of higher education, as defined in section 1001(a) of this title, that, at the time of application— (A) is an eligible institution under section 1058(b) of this title; (B) has an enrollment of undergraduate students that is not less than 10 percent Na- tive American students; and (C) is not a Tribal College or University (as defined in section 1059c of this title). (c) Authorized activities (1) Types of activities authorized Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capac- ity to serve Native Americans and low-income individuals. (2) Examples of authorized activities Such programs may include— (A) the purchase, rental, or lease of sci- entific or laboratory equipment for edu- cational purposes, including instructional and research 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 faculty in attaining advanced degrees in the faculty’s field of instruction; (D) curriculum development and academic instruction; (E) the purchase of library books, periodi- cals, microfilm, and other educational mate- rials; (F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; (G) the joint use of facilities such as lab- oratories 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 and eco- nomic literacy of students or the students’ families. (d) Application process (1) Institutional eligibility A Native American-serving, nontribal insti- tution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to dem- onstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may reasonably require. (2) Applications (A) Authority to submit applications Any institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an appli- cation for assistance under this section to the Secretary. (B) Simplified and streamlined format The Secretary shall, to the extent pos- sible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the lim- ited number of institutions that are eligible for assistance under this section. (C) Content An application submitted under subpara- graph (A) shall include— (i) a five-year plan for improving the as- sistance provided by the Native American- serving, nontribal institution to Native Americans and low-income individuals; and (ii) such other information and assur- ances as the Secretary may reasonably re- quire. (3) Special rules (A) Eligibility No Native American-serving, nontribal in- stitution that receives funds under this sec- tion shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V. (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. (D) Minimum grant amount The minimum amount of a grant under this section shall be $200,000. (Pub. L. 89–329, title III, § 319, as added Pub. L. 110–315, title III, § 306, Aug. 14, 2008, 122 Stat. 3173.)