20 U.S.C. § 1103e — Limitations

Page 757 TITLE 20—EDUCATION § 1103g AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315, § 504, substituted ‘‘sections 1101b and 1102b’’ for ‘‘section 1101b’’. § 1103d. Assistance to institutions under other programs (a) Assistance eligibility Each Hispanic-serving institution that the Secretary determines to be an institution eligi- ble under this subchapter may be eligible for waivers in accordance with subsection (b). (b) Waiver applicability (1) In general Subject to, and in accordance with, regula- tions promulgated for the purpose of this sec- tion, in the case of any application by a His- panic-serving institution referred to in sub- section (a) for assistance under any programs specified in paragraph (2), the Secretary is au- thorized, if such application is otherwise ap- provable, to waive any requirement for a non- Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, pri- ority consideration of the application in rela- tion to applications from other institutions. (2) Programs The provisions of this section shall apply to any program authorized by subchapter IV or section 1124 of this title. (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 V, § 525, formerly § 515, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1773; renumbered § 525, Pub. L. 110–315, title V, § 502(a)(2), Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 1103d, Pub. L. 89–329, title V, § 515, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 676, related to State delegations to National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1103d, Pub. L. 89–329, title V, § 515, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1497, required reports to Secretary from institutions receiving grants, prior to the general amendment of this subchapter by Pub. L. 102–325. A prior section 525 of Pub. L. 89–329 was classified to section 1104d of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 525 of Pub. L. 89–329 was classi- fied to section 1105d of this title, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 525 of Pub. L. 89–329 was classi- fied to section 1115 of this title, prior to repeal by Pub. L. 94–482. § 1103e. Limitations The funds appropriated under section 1103g 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 a Hispanic-serving insti- tution; (3) for an activity that is inconsistent with a State plan of higher education applicable to a Hispanic-serving institution; or (4) for purposes other than the purposes set forth in the approved application under which the funds were made available to a Hispanic- serving institution. (Pub. L. 89–329, title V, § 526, formerly § 516, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1774; renumbered § 526 and amended Pub. L. 110–315, title V, § 502(a)(2), (b)(3), Aug. 14, 2008, 122 Stat. 3331, 3333.) Editorial Notes PRIOR PROVISIONS A prior section 1103e, Pub. L. 89–329, title V, § 516, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 676, related to selection of participants in Na- tional Teacher Academies, prior to the general amend- ment of this subchapter by Pub. L. 105–244. A prior section 526 of Pub. L. 89–329 was classified to section 1104e of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 526 of Pub. L. 89–329 was classi- fied to section 1116 of this title, prior to repeal by Pub. L. 94–482. AMENDMENTS 2008—Pub. L. 110–315, § 502(b)(3), made technical amendment to reference in original act which appears in text as reference to section 1103g of this title. § 1103f. 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 that 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 V, § 527, formerly § 517, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1774; renumbered § 527, Pub. L. 110–315, title V, § 502(a)(2), Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 1103f, Pub. L. 89–329, title V, § 517, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 677, related to evaluation of system of National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105–244. A prior section 527 of Pub. L. 89–329 was classified to section 1104f of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 527 of Pub. L. 89–329 was classi- fied to section 1117 of this title, prior to repeal by Pub. L. 94–482. § 1103g. Authorizations of appropriations (a) Authorizations (1) Parts A and C There are authorized to be appropriated to carry out parts A and C $175,000,000 for fiscal