20 U.S.C. § 1068f — Penalties

Page 324 TITLE 20—EDUCATION § 1068e tion is otherwise approvable, to waive any re- quirement for a non-Federal share of the cost of the program or project, or, to the extent not in- consistent with other law, to give, or require to be given, priority consideration of the applica- tion in relation to applications from other insti- tutions. (2) The provisions of this section shall apply to any program authorized by part D or subchapter IV of this chapter. (c) Limitation The Secretary shall not waive, under sub- section (b), the non-Federal share requirement for any program for applications which, if ap- proved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year. (Pub. L. 89–329, title III, § 395, formerly § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306; amended Pub. L. 102–325, title III, § 305(d), July 23, 1992, 106 Stat. 478; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(d)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–314; renum- bered § 395 and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(f), Oct. 7, 1998, 112 Stat. 1636, 1649.) Editorial Notes CODIFICATION Section was formerly classified to section 1069b of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 1998—Subsec. (b)(2). Pub. L. 105–244, § 308(f), sub- stituted ‘‘part D or subchapter IV of this chapter’’ for ‘‘subchapter IV, VII, or VIII of this chapter’’. 1996—Subsec. (b)(2). Pub. L. 104–208 struck out ‘‘II,’’ after ‘‘authorized by subchapter’’. 1992—Subsec. (a). Pub. L. 102–325 substituted ‘‘may be eligible’’ for ‘‘shall be eligible’’. Statutory Notes and Related Subsidiaries 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 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. § 1068e. Limitations The funds appropriated under section 1068h of this title may not be used— (1) for a school or department of divinity or any religious worship or sectarian activity; (2) for an activity that is inconsistent with a State plan for desegregation of higher edu- cation applicable to such institution; (3) for an activity that is inconsistent with a State plan of higher education applicable to such institution; or (4) for purposes other than the purposes set forth in the approved application under which the funds were made available to the institu- tion. (Pub. L. 89–329, title III, § 396, formerly § 357, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; renumbered § 396, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636; amended Pub. L. 110–315, title III, § 320(6), Aug. 14, 2008, 122 Stat. 3188.) Editorial Notes CODIFICATION Section was formerly classified to section 1069c of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 2008—Pub. L. 110–315 substituted ‘‘1068h of this title’’ for ‘‘1069f of this title’’ in introductory provisions. § 1068f. Penalties Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of Federal financial assistance or grant pursuant to this subchapter embezzles, willfully misapplies, steals, or obtains by fraud any of the funds which are the subject of such grant or assistance, shall be fined not more than $10,000 or imprisoned for not more than 2 years, or both. (Pub. L. 89–329, title III, § 397, formerly § 358, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; renumbered § 397, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636.) Editorial Notes CODIFICATION Section was formerly classified to section 1069d of this title prior to renumbering by Pub. L. 105–244. § 1068g. Continuation awards The Secretary shall make continuation awards under this subchapter for the second and succeeding years of a grant only after deter- mining that the recipient is making satisfactory progress in carrying out the grant. (Pub. L. 89–329, title III, § 398, as added Pub. L. 105–244, title III, § 308(g), Oct. 7, 1998, 112 Stat. 1649.) Statutory Notes and Related Subsidiaries 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. § 1068h. Authorization of appropriations (a) Authorizations (1) Part A (A) There are authorized to be appropriated to carry out part A (other than sections 1059c through 1059g of this title), $135,000,000 for fis- cal year 2009, and such sums as may be nec- essary for each of the five succeeding fiscal years. (B) There are authorized to be appropriated to carry out section 1059c of this title, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five suc- ceeding fiscal years. (C) There are authorized to be appropriated to carry out section 1059d of this title,