20 U.S.C. § 1059f — Native American-serving, nontribal insti-

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.) Page 286 TITLE 20—EDUCATION § 1059g § 1059g. Asian American and Native American Pacific Islander-serving institutions (a) Program authorized The Secretary shall provide grants and related assistance to Asian American and Native Amer- ican Pacific Islander-serving institutions to en- able such institutions to improve and expand their capacity to serve Asian Americans and Na- tive American Pacific Islanders and low-income individuals. (b) Definitions In this section: (1) Asian American The term ‘‘Asian American’’ has the mean- ing given the term ‘‘Asian’’ in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Fed- eral Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789). (2) Asian American and Native American Pa- cific Islander-serving institution The term ‘‘Asian American and Native American Pacific Islander-serving institution’’ means an institution of higher education 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 not less than 10 percent students who are Asian American or Native American Pacific Islander. (3) Native American Pacific Islander The term ‘‘Native American Pacific Is- lander’’ means any descendant of the aborigi- nal people of any island in the Pacific Ocean that is a territory or possession of the United States. (c) Authorized activities (1) Types of activities authorized Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and ex- pand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals. (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; (I) 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; (J) establishing or improving an endow- ment fund; (K) academic instruction in disciplines in which Asian Americans and Native Amer- ican Pacific Islanders are underrepresented; (L) conducting research and data collec- tion for Asian American and Native Amer- ican Pacific Islander populations and sub- populations; (M) establishing partnerships with commu- nity-based organizations serving Asian Americans and Native American Pacific Is- landers; and (N) 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 Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall sub- mit to the Secretary such enrollment data as may be necessary to demonstrate that the in- stitution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require. (2) Applications Any institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such ap- plication shall include— (A) a five-year plan for improving the as- sistance provided by the Asian American and Native American Pacific Islander-serving in- stitution to Asian American and Native American Pacific Islander students and low- income individuals; and (B) such other information and assurances as the Secretary may reasonably require. (3) Special rules (A) Eligibility No Asian American and Native American Pacific Islander-serving institution that re- ceives funds under this section shall concur- rently receive funds under any other provi- sion of this part, part B, or 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—