20 U.S.C. § 1062 — Grants to institutions

Page 291 TITLE 20—EDUCATION § 1062 § 1062. Grants to institutions (a) General authorization; uses of funds From amounts available under section 1068h(a)(2) of this title for any fiscal year, the Secretary shall make grants (under section 1063 of this title) to institutions which have applica- tions approved by the Secretary (under section 1063a of this title) for any of the following uses: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational pur- poses, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement in classroom, library, lab- oratory, and other instructional facilities, in- cluding purchase or rental of telecommuni- cations technology equipment or services. (3) Support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in their field of instruction. (4) Academic instruction in disciplines in which Black Americans are underrepresented. (5) Purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program mate- rials. (6) Tutoring, counseling, and student service programs designed to improve academic suc- cess. (7) Funds and administrative management, and acquisition of equipment for use in strengthening funds management. (8) Joint use of facilities, such as labora- tories and libraries. (9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector. (10) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher cer- tification. (11) Establishing community outreach pro- grams which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education. (12) Acquisition of real property in connec- tion with the construction, renovation, or ad- dition to or improvement of campus facilities. (13) Education or financial information de- signed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student in- debtedness and student assistance programs under subchapter IV. (14) Services necessary for the implementa- tion of projects or activities that are described in the grant application and that are ap- proved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose. (15) Other activities proposed in the applica- tion submitted pursuant to section 1063a of this title that— (A) contribute to carrying out the pur- poses of this part; and (B) are approved by the Secretary as part of the review and acceptance of such applica- tion. (b) Endowment fund (1) In general An institution may use not more than 20 percent of the grant funds provided under this part to establish or increase an endowment fund at the institution. (2) Matching requirement In order to be eligible to use grant funds in accordance with paragraph (1), the eligible in- stitution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accord- ance with paragraph (1), for the establishment or increase of the endowment fund. (3) Comparability The provisions of part C regarding the estab- lishment or increase of an endowment fund, that the Secretary determines are not incon- sistent with this subsection, shall apply to funds used under paragraph (1). (c) Limitations (1) No grant may be made under this chapter for any educational program, activity, or service related to sectarian instruction or religious wor- ship, or provided by a school or department of divinity. For the purpose of this subsection, the term ‘‘school or department of divinity’’ means an institution whose program is specifically for the education of students to prepare them to be- come ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects. (2) Not more than 50 percent of the allotment of any institution may be available for the pur- pose of constructing or maintaining a class- room, library, laboratory, or other instructional facility. (Pub. L. 89–329, title III, § 323, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1295; amended Pub. L. 100–50, § 2(a)(7), June 3, 1987, 101 Stat. 335; Pub. L. 100–369, § 10(b), July 18, 1988, 102 Stat. 838; Pub. L. 102–325, title III, § 303(a), (b), July 23, 1992, 106 Stat. 474, 475; Pub. L. 103–208, § 2(a)(8), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 304(a), Oct. 7, 1998, 112 Stat. 1642; Pub. L. 110–315, title III, § 309, Aug. 14, 2008, 122 Stat. 3177; Pub. L. 111–39, title III, § 301(3), July 1, 2009, 123 Stat. 1937.) Editorial Notes PRIOR PROVISIONS A prior section 1062, Pub. L. 89–329, title III, § 323, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395, provided for duration of grants to institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99–498. Another prior section 1062, Pub. L. 89–329, title IV, § 402, Nov. 8, 1965, 79 Stat. 1232; Pub. L. 90–575, title I, § 102, Oct. 16, 1968, 82 Stat. 1017, related to determina- tion of amount of grant and establishment of basic cri- teria or schedules, prior to the general revision of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–39 substituted ‘‘for any fiscal year,’’ for ‘‘in any fiscal year’’ in introductory provisions. 2008—Subsec. (a). Pub. L. 110–315, § 309(1), substituted ‘‘section 1068h(a)(2)’’ for ‘‘section 1069f(a)(2)’’ in intro- ductory provisions. Page 292 TITLE 20—EDUCATION § 1063 Subsec. (a)(12) to (15). Pub. L. 110–315, § 309(2), (3), added pars. (12) to (14) and redesignated former par. (12) as (15). 1998—Subsecs. (b), (c). Pub. L. 105–244, § 304(a)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c)(3). Pub. L. 105–244, § 304(a)(3), struck out par. (3) which read as follows: ‘‘The Secretary shall not award a grant under this part for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of title 47.’’ 1993—Subsec. (b)(3). Pub. L. 103–208 realigned margin. 1992—Subsec. (a)(2). Pub. L. 102–325, § 303(a)(1), in- serted ‘‘, including purchase or rental of telecommuni- cations technology equipment or services’’ after ‘‘fa- cilities’’. Subsec. (a)(5). Pub. L. 102–325, § 303(a)(2), inserted ‘‘, including telecommunications program materials’’ after ‘‘materials’’. Subsec. (a)(9) to (12). Pub. L. 102–325, § 303(a)(3), added pars. (9) to (12). Subsec. (b)(3). Pub. L. 102–325, § 303(b), added par. (3). 1988—Subsec. (a)(3). Pub. L. 100–369, § 10(b)(1), inserted ‘‘, and faculty development’’ after ‘‘exchanges’’. Subsec. (a)(7), (8). Pub. L. 100–369, § 10(b)(2), added pars. (7) and (8). 1987—Subsec. (a). Pub. L. 100–50 substituted ‘‘section 1069f(a)(2) of this title’’ for ‘‘section 1069d(a)(2) of this title’’. 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. 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, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title. § 1063. Allotments to institutions (a) Allotment; Pell Grant basis From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attend- ance at such institution at the end of the school year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipi- ents at all part B institutions. (b) Allotment; graduates basis From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth that amount as the number of graduates for such school year at such institution bears to the total number of graduates for such school year at all part B in- stitutions. (c) Allotment; graduate and professional student basis From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth of that amount as the percentage of graduates per insti- tution, who are admitted to and in attendance at, within 5 years of graduation with a bacca- laureate degree, a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented, bears to the percentage of such graduates per institution for all part B institutions. (d) Minimum allotment (1) Notwithstanding subsections (a) through (c), and subject to subsection (h), if the amount of an award under this section for a part B insti- tution, based on the data provided by the part B institution and the formula under subsections (a) through (c), would be— (A) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an allotment in the amount of $500,000; and (B) an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000. (2) If the amount appropriated pursuant to sec- tion 1068h(a)(2)(A) of this title for any fiscal year is not sufficient to pay the minimum allot- ment required by paragraph (1) to all part B in- stitutions, the amount of such minimum allot- ments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocations shall be increased on the same basis as the basis on which they were re- duced (until the amount allotted equals the minimum allotment required by paragraph (1)). (e) Reallotment The amount of any part B institution’s allot- ment under subsection (a), (b), (c), or (d) for any fiscal year which the Secretary determines will not be required for such institution for the pe- riod such allotment is available shall be avail- able for reallotment from time to time on such date during such period as the Secretary may determine to other part B institutions in propor- tion to the original allotment to such other in- stitutions under this section for such fiscal year. (f) Special merger rule (1) The Secretary shall permit any eligible in- stitution for a grant under part B in any fiscal year prior to the fiscal year 1986 to apply for a grant under this part if the eligible institution has merged with another institution of higher education which is not so eligible or has merged with an eligible institution. (2) The Secretary may establish such regula- tions as may be necessary to carry out the re- quirement of paragraph (1) of this subsection.