20 U.S.C. § 1138 — Fund for the Improvement of Postsec-

Page 807 TITLE 20—EDUCATION § 1138 1 So in original. Probably should be ‘‘subparts’’. vide for coordinated administration and regula- tion of graduate programs assisted under sub- parts 1 through 4 of this part with other Federal programs providing assistance for graduate edu- cation in order to minimize duplication and im- prove efficiency to ensure that the programs are carried out in a manner most compatible with academic practices and with the standard time- tables for applications for, and notifications of acceptance to, graduate programs. (b) Hiring authority For purposes of carrying out subparts 1 through 4 of this part, the Secretary shall ap- point, without regard to the provisions of title 5 that govern appointments in the competitive service, such administrative and technical em- ployees, with the appropriate educational back- ground, as shall be needed to assist in the ad- ministration of such parts 1. The employees shall be paid without regard to the provisions of chap- ter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Use for religious purposes prohibited No institutional payment or allowance under section 1134b(b) or 1135d(a) of this title shall be paid to a school or department of divinity as a result of the award of a fellowship under subpart 1 or 2 of this part, respectively, to an individual who is studying for a religious vocation. (d) Evaluation The Secretary shall evaluate the success of as- sistance provided to individuals under subpart 1, 2, 3, or 4 of this part with respect to graduating from their degree programs, and placement in faculty and professional positions. (Pub. L. 89–329, title VII, § 731, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1795; amended Pub. L. 110–315, title VII, §§ 704(i), 706(a)(2), (3), Aug. 14, 2008, 122 Stat. 3348, 3349.) Editorial Notes PRIOR PROVISIONS A prior section 1137, Pub. L. 89–329, title XI, § 1121, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 788, related to purpose of innovative projects for community service program, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1137, Pub. L. 89–329, title XI, § 1111, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1570, related to the purpose of urban com- munity service program, prior to the general amend- ment of subchapter XI of this chapter by Pub. L. 102–325. A prior section 731 of Pub. L. 89–329 was classified to section 1132d of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 731 of Pub. L. 89–329 was classi- fied to section 1132d of this title, prior to the general amendment of part C of this subchapter by Pub. L. 102–325. Another prior section 731 of Pub. L. 89–329 was classi- fied to section 1132d of this title, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1137a, Pub. L. 89–329, title XI, § 1122, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 788; amended Pub. L. 103–82, title I, § 111(b)(4), Sept. 21, 1993, 107 Stat. 860, authorized program for in- novative projects for community service, prior to re- peal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1137a and prior section 1137b were omitted in the general amendment of subchapter XI of this chapter by Pub. L. 102–325. Section 1137a, Pub. L. 89–329, title XI, § 1112, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1570, related to use of urban community service funds. Section 1137b, Pub. L. 89–329, title XI, § 1113, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1570, related to contents for applications for urban com- munity services projects. AMENDMENTS 2008—Pub. L. 110–315, § 706(a)(2), substituted ‘‘subparts 1 through 4’’ for ‘‘subparts 1, 2, and 3’’ in section catch- line. Subsecs. (a), (b). Pub. L. 110–315, § 706(a)(3)(A), sub- stituted ‘‘subparts 1 through 4’’ for ‘‘subparts 1, 2, and 3’’. Subsec. (d). Pub. L. 110–315, § 706(a)(3)(B), substituted ‘‘subpart 1, 2, 3, or 4’’ for ‘‘subpart 1, 2, or 3’’. Subsec. (e). Pub. L. 110–315, § 704(i), struck out subsec. (e). Prior to amendment, text read as follows: ‘‘The Secretary, using funds appropriated to carry out sub- parts 1 and 2 of this part, and before awarding any as- sistance under such parts to a recipient that did not re- ceive assistance under part C or D of title IX (as such parts were in effect prior to October 7, 1998) shall con- tinue to provide funding to recipients of assistance under such part C or D (as so in effect), as the case may be, pursuant to any multiyear award of such assist- ance.’’ PART B—FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION § 1138. Fund for the Improvement of Postsec- ondary Education (a) Authority The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such institu- tions, and other public and private nonprofit in- stitutions and agencies, to enable such institu- tions, combinations, and agencies to improve postsecondary education opportunities by— (1) the encouragement of reform and im- provement of, and innovation in, postsec- ondary education and the provision of edu- cational opportunity for all students, includ- ing nontraditional students; (2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, including— (A) efforts that provide academic credit for programs; and (B) combinations of academic and experi- ential learning; (3) the establishment and continuation of in- stitutions, programs, consortia, collabora- tions, and other joint efforts based on commu- nications technology, including those efforts that utilize distance education and techno- logical advancements to educate and train postsecondary students (including health pro- fessionals serving medically underserved popu- lations); (4) the carrying out, in postsecondary edu- cational institutions, of changes in internal structure and operations designed to clarify institutional priorities and purposes; Page 808 TITLE 20—EDUCATION § 1138 (5) the design and introduction of cost-effec- tive methods of instruction and operation; (6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary in- stitutions and pursuing programs of postsec- ondary study tailored to individual needs; (7) the introduction of reforms in graduate education, in the structure of academic profes- sions, and in the recruitment and retention of faculties; (8) the creation of new institutions and pro- grams for examining and awarding credentials to individuals, and the introduction of reforms in current institutional practices related thereto; (9) the introduction of reforms in remedial education, including English language instruc- tion, to customize remedial courses to student goals and help students progress rapidly from remedial courses into core courses and through postsecondary program completion; (10) the provision of support and assistance to partnerships between institutions of higher education and secondary schools with a sig- nificant population of students identified as late-entering limited English proficient stu- dents, to establish programs that— (A) result in increased secondary school graduation rates of limited English pro- ficient students; and (B) increase the number of participating late-entering limited English proficient stu- dents who pursue postsecondary education; (11) the creation of consortia that join di- verse institutions of higher education to de- sign and offer curricular and cocurricular interdisciplinary programs at the under- graduate and graduate levels, sustained for not less than a 5 year period, that— (A) focus on poverty and human capa- bility; and (B) include— (i) a service-learning component; and (ii) the delivery of educational services through informational resource centers, summer institutes, midyear seminars, and other educational activities that stress the effects of poverty and how poverty can be alleviated through different career paths; (12) the provision of support and assistance for demonstration projects to provide com- prehensive support services to ensure that homeless students, or students who were in foster care or were a ward of the court at any time before the age of 13, enroll and succeed in postsecondary education, including providing housing to such students during periods when housing at the institution of higher education is closed or generally unavailable to other stu- dents; and (13) the support of efforts to work with insti- tutions of higher education, and nonprofit or- ganizations, that seek to promote cultural di- versity in the entertainment media industry, including through the training of students in production, marketing, and distribution of culturally relevant content. (b) Planning grants The Secretary is authorized to make planning grants to institutions of higher education for the development and testing of innovative tech- niques in postsecondary education. Such grants shall not exceed $20,000. (c) Center for best practices to support single parent students (1) Program authorized The Secretary is authorized to award one grant or contract to an institution of higher education to enable such institution to estab- lish and maintain a center to study and de- velop best practices for institutions of higher education to support single parents who are also students attending such institutions. (2) Institution requirements The Secretary shall award the grant or con- tract under this subsection to a four-year in- stitution of higher education that has dem- onstrated expertise in the development of pro- grams to assist single parents who are stu- dents at institutions of higher education, as shown by the institution’s development of a variety of targeted services to such students, including on-campus housing, child care, coun- seling, advising, internship opportunities, fi- nancial aid, and financial aid counseling and assistance. (3) Center activities The center funded under this section shall— (A) assist institutions implementing inno- vative programs that support single parents pursuing higher education; (B) study and develop an evaluation pro- tocol for such programs that includes quan- titative and qualitative methodologies; (C) provide appropriate technical assist- ance regarding the replication, evaluation, and continuous improvement of such pro- grams; and (D) develop and disseminate best practices for such programs. (d) Prohibition (1) In general No funds made available under this part shall be used to provide direct financial assist- ance in the form of grants or scholarships to students who do not meet the requirements of section 1091(a) of this title. (2) Rule of construction Nothing in this subsection shall be con- strued to prevent a student who does not meet the requirements of section 1091(a) of this title from participating in programs funded under this part. (e) Priority In making grants under this part to any insti- tution of higher education after August 14, 2008, the Secretary may give priority to institutions that meet or exceed the most current version of ASHRAE/IES Standard 90.1 (as such term is used in section 6313(a)(6) of title 42) for any new fa- cilities construction or major renovation of the institution after such date, except that this sub- section shall not apply with respect to barns or greenhouses or similar structures owned by the institution. Page 809 TITLE 20—EDUCATION § 1138a (f) Scholarship program for family members of veterans or members of the military (1) Authorization The Secretary shall enter into a contract with a nonprofit organization with dem- onstrated success in carrying out the activi- ties described in this subsection to carry out a program to provide postsecondary education scholarships for eligible students. (2) Definition of eligible student In this subsection, the term ‘‘eligible stu- dent’’ means an individual who is enrolled as a full-time or part-time student at an institu- tion of higher education (as defined in section 1002 of this title) and is— (A) a dependent student who is a child of— (i) an individual who is— (I) serving on active duty during a war or other military operation or national emergency (as defined in section 1088 of this title); or (II) performing qualifying National Guard duty during a war or other mili- tary operation or national emergency (as defined in section 1088 of this title); or (ii) a veteran who— (I) served or performed, as described in clause (i), since September 11, 2001; and (II) died, or has been disabled, as a re- sult of such service or performance; or (B) an independent student who— (i) is a spouse of an individual who is— (I) serving on active duty during a war or other military operation or national emergency (as defined in section 1088 of this title); or (II) performing qualifying National Guard duty during a war or other mili- tary operation or national emergency (as defined in section 1088 of this title); (ii) was (at the time of death of the vet- eran) a spouse of a veteran who— (I) served or performed, as described in clause (i), since September 11, 2001; and (II) died as a result of such service or performance; or (iii) is a spouse of a veteran who— (I) served or performed, as described in clause (i), since September 11, 2001; and (II) has been disabled as a result of such service or performance. (3) Awarding of scholarships Scholarships awarded under this subsection shall be awarded based on need with priority given to eligible students who are eligible to receive Federal Pell Grants under subpart 1 of part A of subchapter IV. (4) Maximum scholarship amount The maximum scholarship amount awarded to an eligible student under this subsection for an award year shall be the lesser of $5,000, or the student’s cost of attendance (as defined in section 1087ll of this title). (5) Amounts for scholarships All of the amounts appropriated to carry out this subsection for a fiscal year shall be used for scholarships awarded under this sub- section, except that the nonprofit organiza- tion receiving a contract under this subsection may use not more than one percent of such amounts for the administrative costs of the contract. (Pub. L. 89–329, title VII, § 741, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1796; amended Pub. L. 110–315, title VII, § 707(a)–(e), Aug. 14, 2008, 122 Stat. 3356–3358.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1135 of this title, prior to repeal by Pub. L. 105–244. A prior section 1138, Pub. L. 89–329, title XI, § 1141, as added Pub. L. 102–325, title XI, § 1101, July 23, 1992, 106 Stat. 788, related to purpose to assist development of student literacy corps and student mentoring corps programs, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1138, Pub. L. 89–329, title XI, § 1121, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1571, related to administrative provi- sions, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102–325. A prior section 741 of Pub. L. 89–329 was classified to section 1132e of this title, prior to repeal by Pub. L. 102–325. Another prior section 741 of Pub. L. 89–329 was classi- fied to section 1132e of this title, prior to the general amendment of this subchapter by Pub. L. 99–498. Another prior section 741 of Pub. L. 89–329 was classi- fied to section 1132c of this title, prior to the general amendment of this subchapter by Pub. L. 96–374. AMENDMENTS 2008—Subsec. (a)(1) to (3). Pub. L. 110–315, § 707(a)(1), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows: ‘‘(1) encouraging the reform, innovation, and im- provement of postsecondary education, and providing equal educational opportunity for all; ‘‘(2) the creation of institutions, programs, and joint efforts involving paths to career and professional train- ing, and combinations of academic and experiential learning; ‘‘(3) the establishment of institutions and programs based on the technology of communications;’’ Subsec. (a)(6). Pub. L. 110–315, § 707(a)(2), added par. (6) and struck out former par. (6) which read as follows: ‘‘the introduction of institutional reforms designed to expand individual opportunities for entering and reen- tering institutions and pursuing programs of study tai- lored to individual needs;’’. Subsec. (a)(9) to (13). Pub. L. 110–315, § 707(a)(3)–(5), added pars. (9) to (13). Subsec. (c). Pub. L. 110–315, § 707(b), added subsec. (c). Subsec. (d). Pub. L. 110–315, § 707(c), added subsec. (d). Subsec. (e). Pub. L. 110–315, § 707(d), added subsec. (e). Subsec. (f). Pub. L. 110–315, § 707(e), added subsec. (f). § 1138a. National Board of the Fund for the Im- provement of Postsecondary Education (a) Establishment There is established a National Board of the Fund for the Improvement of Postsecondary Education (in this part referred to as the ‘‘Board’’). The Board shall consist of 15 members appointed by the Secretary for overlapping 3- year terms. A majority of the Board shall con- stitute a quorum. Any member of the Board who