20 U.S.C. § 1063c — Reporting and audit requirements

Page 298 TITLE 20—EDUCATION § 1063c § 1063c. Reporting and audit requirements (a) Recordkeeping Each recipient of a grant under this part shall keep such records as the Secretary shall pre- scribe, including records which fully disclose— (1) the amount and disposition by such re- cipient of the proceeds of such assistance; (2) the cost of the project or undertaking in connection with which such assistance is given or used; (3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and (4) such other records as will facilitate an ef- fective audit. (b) Use of unexpended funds Any funds paid to an institution and not ex- pended or used for the purposes for which the funds were paid during the five-year period fol- lowing the date of the initial grant award, may be carried over and expended during the suc- ceeding five-year period, if such funds were obli- gated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award. (Pub. L. 89–329, title III, § 327, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298; amended Pub. L. 100–50, § 2(a)(11), June 3, 1987, 101 Stat. 335; Pub. L. 110–315, title III, § 312, Aug. 14, 2008, 122 Stat. 3180.) Editorial Notes AMENDMENTS 2008—Subsec. (b). Pub. L. 110–315 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Any funds paid to an institution and not expended or used for the purposes for which the funds were paid within 10 years following the date of the initial grant awarded to an institution under part B of this sub- chapter shall be repaid to the Treasury of the United States.’’ 1987—Subsec. (a). Pub. L. 100–50 substituted ‘‘part’’ for ‘‘chapter’’ in introductory text. Statutory Notes and Related Subsidiaries 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. § 1063d. Strengthening HBCUs through Federal agency plans (a) Designating applicable agencies The Secretary, in consultation with the Exec- utive Director, shall— (1) identify each Federal agency with which an HBCU— (A) has entered into a grant, contract, or cooperative agreement; or (B) is eligible to participate in the pro- grams and initiatives under the jurisdiction of such Federal agency; and (2) designate each Federal agency so identi- fied as an applicable agency. (b) Submitting agency plans Not later than February 1 of each year, the head of each applicable agency shall submit to the Secretary, the Executive Director, the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate, the Committee on Edu- cation and Labor of the House of Representa- tives, and the President’s Board of Advisors an annual Agency Plan describing efforts to strengthen the capacity of HBCUs to participate or be eligible to participate in the programs and initiatives under the jurisdiction of such appli- cable agency as described in subsection (a)(1)(B). (c) Further requirements for submission and ac- cessibility The Executive Director shall make all annual Agency Plan submissions publicly available on- line in a user-friendly format. (d) Agency plan content Where appropriate, each Agency Plan shall in- clude— (1) a description of how the applicable agen- cy intends to increase the capacity of HBCUs to compete effectively for grants, contracts, or cooperative agreements; (2) an identification of Federal programs and initiatives under the jurisdiction of the appli- cable agency in which HBCUs are underrep- resented; (3) an outline of proposed efforts to improve HBCUs’ participation in such programs and initiatives; (4) a description of any progress made to- wards advancing or achieving goals and efforts from previous Agency Plans submitted under this section by such applicable agency; (5) a description of how the applicable agen- cy plans to encourage public-sector, private- sector, and community involvement to im- prove the capacity of HBCUs to compete effec- tively for grants, contracts, or cooperative agreements, and to participate in programs and initiatives under the jurisdiction of such agency; (6) an identification of programs and initia- tives not listed in a previous Agency Plan in which an HBCU may participate; (7) any other information the applicable agency determines is relevant to promoting opportunities to fund, partner, contract, or otherwise interact with HBCUs; and (8) any additional criteria established by the Secretary or the White House Initiative. (e) Agency engagement To help fulfill the objectives of the Agency Plans, the head of each applicable agency— (1) shall provide, as appropriate, technical assistance and information to the Executive Director to enhance communication with HBCUs concerning the applicable agency’s— (A) programs and initiatives described in subsection (d)(2); and (B) the preparation of applications or pro- posals for grants, contracts, or cooperative agreements; and (2) shall appoint a senior official to report directly to the agency head on the applicable agency’s progress under this section. (Pub. L. 116–270, § 4, Dec. 31, 2020, 134 Stat. 3327.)