20 U.S.C. § 1063a — Applications

Page 294 TITLE 20—EDUCATION § 1063a 1 See References in Text note below. 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. 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. § 1063a. Applications (a) Contents No part B institution shall be entitled to its allotment of Federal funds for any grant under section 1063 of this title for any period unless that institution meets the requirements of sub- paragraphs (C), (D), and (E) 1 of section 1058(b)(1) of this title and submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall— (1) provide that the payments under this chapter will be used for the purposes set forth in section 1062 of this title; and (2) provide for making an annual report to the Secretary and provide for— (A) conducting, except as provided in sub- paragraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this sub- chapter at least once every 2 years and cov- ering the period since the most recent audit, conducted by a qualified, independent orga- nization or person in accordance with stand- ards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Sec- retary; or (B) with regard to an eligible institution which is audited under chapter 75 of title 31 deeming such audit to satisfy the require- ments of subparagraph (A) for the period covered by such audit. (b) Approval The Secretary shall approve any application which meets the requirements of subsection (a) and shall not disapprove any application sub- mitted under this part, or any modification thereof, without first affording such institution reasonable notice and opportunity for a hearing. (c) Goals for financial management and aca- demic programs 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. (Pub. L. 89–329, title III, § 325, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 100–50, § 2(a)(8), June 3, 1987, 101 Stat. 335; Pub. L. 102–325, title III, § 303(e), July 23, 1992, 106 Stat. 475.) Editorial Notes REFERENCES IN TEXT Section 1058(b)(1)(E) of this title, referred to in sub- sec. (a), was repealed and section 1058(b)(1)(F) was re- designated section 1058(b)(1)(E) by Pub. L. 102–325, title III, § 302(a)(1)(B), (C), July 23, 1992, 106 Stat. 472. AMENDMENTS 1992—Subsec. (c). Pub. L. 102–325 added subsec. (c). 1987—Subsec. (a)(1). Pub. L. 100–50 substituted ‘‘sec- tion 1062 of this title’’ for ‘‘section 1061 of this title’’. Statutory Notes and Related Subsidiaries 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. § 1063b. Professional or graduate institutions (a) General authorization (1) Subject to the availability of funds appro- priated to carry out this section, the Secretary shall award program grants to each of the post- graduate institutions listed in subsection (e) that is determined by the Secretary to be mak- ing a substantial contribution to the legal, med- ical, dental, veterinary, or other graduate edu- cation opportunities in mathematics, engineer- ing, or the physical or natural sciences for Black Americans. (2) No grant in excess of $1,000,000 may be made under this section unless the postgraduate institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible insti- tution under the funding rules described in sub- section (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an in- stitution to comply with the matching require- ments of this paragraph) among the institutions that have complied with such matching require- ment. (b) Duration Grants shall be made for a period not to ex- ceed 5 years. Any funds awarded for such five- year grant period that are obligated during such five-year period may be expended during the 10- year period beginning on the first day of such five-year period. (c) Uses of funds A grant under this section may be used for— (1) purchase, rental or lease of scientific or laboratory equipment for educational pur- poses, including instructional and research purposes;