Part A—Strengthening Institutions
§1057. Program purpose
(a) General authorization
The Secretary shall carry out a program, in accordance with this part, to improve the academic quality, institutional management, and fiscal stability of eligible institutions, in order to increase their self-sufficiency and strengthen their capacity to make a substantial contribution to the higher education resources of the Nation.
(b) Grants awarded; special consideration
(1) From the sums available for this part under
(2) Special consideration shall be given to any eligible institution—
(A) which has endowment funds (other than any endowment fund built under
(B) which has expenditures per full-time equivalent student for library materials which is less than the average of the expenditures for library materials per full-time equivalent student by other similarly situated institutions.
(3) Special consideration shall be given to applications which propose, pursuant to the institution's plan, to engage in—
(A) faculty development;
(B) funds and administrative management;
(C) development and improvement of academic programs;
(D) acquisition of equipment for use in strengthening funds management and academic programs;
(E) joint use of facilities such as libraries and laboratories; and
(F) student services, including services that will assist in the education of special populations.
(c) Authorized activities
Grants awarded under this section shall be used for 1 or more of the following activities:
(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.
(2) Construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including the integration of computer technology into institutional facilities to create smart buildings.
(3) Support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in the field of instruction of the faculty.
(4) Development and improvement of academic programs.
(5) Purchase of library books, periodicals, and other educational materials, including telecommunications program material.
(6) Tutoring, counseling, and student service programs designed to improve academic success, including innovative, customized, instruction courses designed to help retain students and move the students rapidly into core courses and through program completion, which may include remedial education and English language instruction.
(7) Education or counseling services designed to improve the financial literacy and economic literacy of students or the students' families.
(8) Funds management, administrative management, and acquisition of equipment for use in strengthening funds management.
(9) Joint use of facilities, such as laboratories and libraries.
(10) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector.
(11) Establishing or improving an endowment fund.
(12) Creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services.
(13) Other activities proposed in the application submitted pursuant to subsection (b) and
(A) contribute to carrying out the purposes of the program assisted under this part; and
(B) are approved by the Secretary as part of the review and acceptance of such application.
(d) Endowment fund
(1) In general
An eligible institution may use not more than 20 percent of the grant funds provided under this part to establish or increase an endowment fund at such institution.
(2) Matching requirement
In order to be eligible to use grant funds in accordance with paragraph (1), the eligible institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with paragraph (1), for the establishment or increase of the endowment fund.
(3) Comparability
The provisions of part C, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under paragraph (1).
(
Editorial Notes
Prior Provisions
A prior section 1057,
Amendments
2008—Subsec. (b)(1).
Subsec. (b)(3)(F).
Subsec. (c)(6).
Subsec. (c)(7) to (13).
1998—Subsec. (b)(1).
Subsecs. (c), (d).
1987—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
§1058. Definitions; eligibility
(a) Educational and general expenditures
For the purpose of this part, the term "educational and general expenditures" means the total amount expended by an institution of higher education for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers which the institution is required to pay by law.
(b) Eligible institution
For the purpose of this part, the term "eligible institution" means—
(1) an institution of higher education—
(A) which has an enrollment of needy students as required by subsection (d);
(B) except as provided in
(C) which is—
(i) legally authorized to provide, and provides within the State, an educational program for which such institution awards a bachelor's degree;
(ii) a junior or community college; or
(iii) the College of the Marshall Islands, the College of Micronesia/Federated States of Micronesia, and Palau Community College;
(D) which is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or which is, according to such an agency or association, making reasonable progress toward accreditation;
(E) which meets such other requirements as the Secretary may prescribe; and
(F) located in a State; and
(2) any branch of any institution of higher education described under paragraph (1) which by itself satisfies the requirements contained in subparagraphs (A) and (B) of such paragraph.
For purposes of the determination of whether an institution is an eligible institution under this paragraph,1 the factor described under paragraph (1)(A) shall be given twice the weight of the factor described under paragraph (1)(B).
(c) Endowment fund
For the purpose of this part, the term "endowment fund" means a fund that—
(1) is established by State law, by an institution of higher education, or by a foundation that is exempt from Federal income taxation;
(2) is maintained for the purpose of generating income for the support of the institution; and
(3) does not include real estate.
(d) Enrollment of needy students
Except as provided in
(1) at least 50 percent of the degree students so enrolled who are receiving need-based assistance under subchapter IV of this chapter in the second fiscal year preceding the fiscal year for which the determination is being made (other than loans for which an interest subsidy is paid pursuant to
(2) a substantial percentage of students receiving Pell Grants in the second fiscal year preceding the fiscal year for which determination is being made, in comparison with the percentage of students receiving Pell Grants at all such institutions in the second fiscal year preceding the fiscal year for which the determination is made, unless the requirement of this paragraph is waived under
(e) Full-time equivalent students
For the purpose of this part, the term "full-time equivalent students" means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution.
(f) Junior or community college
For the purpose of this part, the term "junior or community college" means an institution of higher education—
(1) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution;
(2) that does not provide an educational program for which it awards a bachelor's degree (or an equivalent degree); and
(3) that—
(A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree, or
(B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge.
(g) Low-income individual
For the purpose of this part, the term "low-income individual" means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.
(h) Historically black college or university
For the purposes of this section, no historically black college or university which is eligible for and receives funds under part B of this subchapter is eligible for or may receive funds under this part.
(
Editorial Notes
Prior Provisions
A prior section 1058,
Amendments
2008—Subsec. (b)(1)(A).
Subsec. (d).
Subsec. (d)(2).
Subsecs. (g), (h).
1998—Subsec. (b)(1)(B).
Subsec. (c).
Subsec. (c)(2).
Subsecs. (d) to (g).
1994—Subsec. (b)(1)(C).
Subsec. (b)(1)(F).
1993—Subsec. (c)(2).
1992—Subsec. (b)(1), (2).
"(i) met the requirement of either subparagraph (C)(i) or (C)(ii), or of both such subparagraphs (simultaneously or consecutively); and
"(ii) met the requirement of subparagraph (D); and".
Subsec. (b)(3) to (5).
"(3) any institution of higher education which has an enrollment of which at least 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1);
"(4) any institution of higher education which has an enrollment of at least 60 percent American Indian, or in the case of Alaska natives, an enrollment of at least 5 percent, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); and
"(5) any institution of higher education which has an enrollment of which at least 5 percent are Native Hawaiian, Asian American, American Samoan, Micronesian, Guamian (Chamorro), and Northern Marianian, or any combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1)."
Subsec. (c)(2).
1988—Subsec. (f).
1987—Subsec. (b)(1)(C), (D).
Subsec. (b)(1)(E).
Subsec. (b)(1)(F).
Subsec. (b)(3), (5).
Subsec. (c)(1).
Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
1 So in original. Probably should be "subsection,".
§1059. Duration of grant
(a) Award period
The Secretary may award a grant to an eligible institution under this part for 5 years.
(b) Limitations
In awarding grants under this part the Secretary shall give priority to applicants who are not already receiving a grant under this part, except that for the purpose of this subsection a grant under subsection (c) and a grant under
(c) Planning grants
Notwithstanding subsection (a), the Secretary may award a grant to an eligible institution under this part for a period of one year for the purpose of preparation of plans and applications for a grant under this part.
(d) Wait-out-period
Each eligible institution that received a grant under this part for a 5-year period shall not be eligible to receive an additional grant under this part until 2 years after the date on which the 5-year grant period terminates.
(
Editorial Notes
Prior Provisions
A prior section 1059,
Amendments
1998—Subsec. (b).
Subsec. (d).
1993—Subsec. (b).
1992—Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
§1059a. Applications
Each eligible institution desiring to receive assistance under this part shall submit an application in accordance with the requirements of
(
Editorial Notes
Prior Provisions
A prior section 1059a,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1998, except as otherwise provided in
§1059b. Goals for financial management and academic program
(a) Goals
Any application for a grant under this part shall describe measurable goals for the institution's financial management and academic programs, and include a plan of how the applicant intends to achieve those goals.
(b) Continuation requirements
Any continuation application shall demonstrate the progress made toward achievement of the goals described pursuant to subsection (a).
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, see section 2 of
§1059c. American Indian tribally controlled colleges and universities
(a) Program authorized
The Secretary shall provide grants and related assistance to Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve Indian students.
(b) Definitions
In this section:
(1) Indian
The term "Indian" has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [
(2) Indian tribe
The term "Indian tribe" has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [
(3) Tribal College or University
The term "Tribal College or University" means an institution that—
(A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (
(B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (
(4) Institution of higher education
The term "institution of higher education" means an institution of higher education as defined in
(c) Authorized activities
(1) In general
Grants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Indian students.
(2) Examples of authorized activities
The activities described in paragraph (1) may include—
(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;
(C) support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction or in tribal governance or tribal public policy;
(D) academic instruction in disciplines in which Indians are underrepresented and instruction in tribal governance or tribal public policy;
(E) purchase of library books, periodicals, and other educational materials, including telecommunications program material;
(F) tutoring, counseling, and student service programs designed to improve academic success;
(G) education or counseling services designed to improve the financial literacy and economic literacy of students or the students' families;
(H) funds management, administrative management, and acquisition of equipment for use in strengthening funds management;
(I) joint use of facilities, such as laboratories and libraries;
(J) establishing or improving a development office to strengthen or improve contributions from alumni and the private sector;
(K) establishing or enhancing a program of teacher education designed to qualify students to teach in elementary schools or secondary schools, with a particular emphasis on teaching Indian children and youth, that shall include, as part of such program, preparation for teacher certification;
(L) establishing community outreach programs that encourage Indian elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;
(M) developing or improving facilities for Internet use or other distance education technologies; and
(N) other activities proposed in the application submitted pursuant to subsection (d) that—
(i) contribute to carrying out the activities described in subparagraphs (A) through (M); and
(ii) are approved by the Secretary as part of the review and acceptance of such application.
(3) Endowment fund
(A) In general
A Tribal College or University may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.
(B) Matching requirement
In order to be eligible to use grant funds in accordance with subparagraph (A), the Tribal College or University shall provide matching funds, in an amount equal to the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.
(C) Comparability
The provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A).
(d) Application, plan, and allocation
(1) Institutional eligibility
To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under
(2) Application
(A) In general
A Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
(B) Streamlined process
The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.
(3) Awards and allocations to institutions
(A) Construction grants
(i) In general
Of the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.
(ii) Preference
In providing grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this section for a previous fiscal year.
(B) Allotment of remaining funds
(i) In general
Except as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows:
(I) 60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (
(II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.
(ii) Minimum grant
The amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000.
(4) Special rules
(A) Concurrent funding
No Tribal College or University that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.
(B) Exemption
(
Editorial Notes
References in Text
The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (b)(3)(A), is
The Navajo Community College Act, referred to in subsec. (b)(3)(A), is
Section 532 of the Equity in Educational Land-Grant Status Act of 1994, referred to in subsec. (b)(3)(B), is section 532 of
Amendments
2009—Subsec. (a).
Subsec. (b)(1), (2).
Subsec. (b)(3)(A).
2008—Subsec. (b)(3).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D).
Subsec. (c)(2)(G) to (N).
Subsec. (d).
2000—Subsec. (d)(2).
Subsec. (d)(3).
1998—
1993—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 2000 Amendment
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1992, see section 2 of
1 See References in Text note below.
2 So in original. Probably should be followed by a third closing parenthesis.
§1059d. Alaska Native and Native Hawaiian-serving institutions
(a) Program authorized
The Secretary shall provide grants and related assistance to Alaska Native-serving institutions and Native Hawaiian-serving institutions to enable such institutions to improve and expand their capacity to serve Alaska Natives and Native Hawaiians.
(b) Definitions
For the purpose of this section—
(1) the term "Alaska Native" has the meaning given the term in
(2) the term "Alaska Native-serving institution" means an institution of higher education that—
(A) is an eligible institution under
(B) at the time of application, has an enrollment of undergraduate students that is at least 20 percent Alaska Native students;
(3) the term "Native Hawaiian" has the meaning given the term in
(4) the term "Native Hawaiian-serving institution" means an institution of higher education which—
(A) is an eligible institution under
(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Native Hawaiian students.
(c) Authorized activities
(1) Types of activities authorized
Grants awarded under this section shall be used by Alaska Native-serving institutions and Native Hawaiian-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Alaska Natives or Native Hawaiians.
(2) Examples of authorized activities
Such programs may include—
(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;
(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction;
(D) curriculum development and academic instruction;
(E) purchase of library books, periodicals, microfilm, and other educational materials;
(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;
(G) joint use of facilities such as laboratories and libraries;
(H) academic tutoring and counseling programs and student support services; and
(I) education or counseling services designed to improve the financial literacy and economic literacy of students or the students' families.
(d) Application process
(1) Institutional eligibility
Each Alaska Native-serving institution and Native Hawaiian-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Alaska Native-serving institution or a Native Hawaiian-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require.
(2) Applications
Any institution which is determined by the Secretary to be an Alaska Native-serving institution or a Native Hawaiian-serving institution may submit an application for assistance under this section to the Secretary. The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include—
(A) a 5-year plan for improving the assistance provided by the Alaska Native-serving institution or the Native Hawaiian-serving institution to Alaska Native or Native Hawaiian students; and
(B) such other information and assurance as the Secretary may require.
(3) Special rules
(A) Eligibility
No Alaskan Native-serving institution or Native Hawaiian-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B.
(B) Exemption
(C) Distribution
In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.
(
Editorial Notes
Amendments
2015—Subsec. (b)(1).
Subsec. (b)(3).
2008—Subsec. (c)(2)(I).
2002—Subsec. (b)(1).
Subsec. (b)(3).
2000—Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1998, except as otherwise provided in
§1059e. Predominantly Black Institutions
(a) Purpose
It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.
(b) Definitions
In this section:
(1) Eligible institution
The term "eligible institution" means an institution of higher education that—
(A) has an enrollment of needy undergraduate students;
(B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in
(C) has an enrollment of undergraduate students that is not less than 40 percent Black American students;
(D) is legally authorized to provide, and provides, within the State an educational program for which the institution of higher education awards a baccalaureate degree or, in the case of a junior or community college, an associate's degree;
(E) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation; and
(F) is not receiving assistance under—
(i) part B;
(ii) part A of subchapter V; or
(iii) an annual authorization of appropriations under the Act of March 2, 1867 (
(2) Enrollment of needy students
The term "enrollment of needy students" means the enrollment at an eligible institution with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree—
(A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;
(B) come from families that receive benefits under a means-tested Federal benefit program;
(C) attended a public or nonprofit private secondary school that—
(i) is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [
(ii) for the purpose of this paragraph and for such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [
(D) are first-generation college students and a majority of such first-generation college students are low-income individuals.
(3) First-generation college student
The term "first-generation college student" has the meaning given the term in
(4) Low-income individual
The term "low-income individual" has the meaning given such term in
(5) Means-tested Federal benefit program
The term "means-tested Federal benefit program" means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the program's benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit.
(6) Predominantly Black Institution
The term "Predominantly Black Institution" means an institution of higher education, as defined in
(A) that is an eligible institution with not less than 1,000 undergraduate students;
(B) at which not less than 50 percent of the undergraduate students enrolled at the eligible institution are low-income individuals or first-generation college students; and
(C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor's or associate's degree that the eligible institution is licensed to award by the State in which the eligible institution is located.
(7) State
The term "State" means each of the 50 States and the District of Columbia.
(c) Grant authority
(1) In general
The Secretary is authorized to award grants, from allotments under subsection (e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d).
(2) Priority
In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections 1 (b)(1)(A) or (b)(1)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(C).
(d) Authorized activities
(1) Required activities
Grant funds provided under this section shall be used—
(A) to assist the Predominantly Black Institution to plan, develop, undertake, and implement programs to enhance the institution's capacity to serve more low- and middle-income Black American students;
(B) to expand higher education opportunities for students eligible to participate in programs under subchapter IV by encouraging college preparation and student persistence in secondary school and postsecondary education; and
(C) to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the students described in subparagraphs (A) and (B).
(2) Additional activities
Grant funds provided under this section shall be used for one or more of the following activities:
(A) The activities described in paragraphs (1) through (12) of
(B) Academic instruction in disciplines in which Black Americans are underrepresented.
(C) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary school or secondary school in the State that shall include, as part of such program, preparation for teacher certification or licensure.
(D) Establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education.
(E) Other activities proposed in the application submitted pursuant to subsection (f) that—
(i) contribute to carrying out the purpose of this section; and
(ii) are approved by the Secretary as part of the review and approval of an application submitted under subsection (f).
(3) Endowment fund
(A) In general
A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.
(B) Matching requirement
In order to be eligible to use grant funds in accordance with subparagraph (A), a Predominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.
(C) Comparability
The provisions of part C, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A).
(4) Limitation
Not more than 50 percent of the grant funds provided to a Predominantly Black Institution under this section may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.
(e) Allotments to Predominantly Black Institutions
(1) Federal Pell Grant basis
From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-half of that amount as the number of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal Pell Grant recipients at all such institutions at the end of such academic year.
(2) Graduates basis
From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such institution, bears to the total number of graduates for such academic year at all such institutions.
(3) Graduates seeking a higher degree basis
From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate's degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.
(4) Minimum allotment
(A) In general
Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section may not be less than $250,000.
(B) Insufficient amount
If the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under subparagraph (A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under subparagraph (A).
(5) Reallotment
The amount of a Predominantly Black Institution's allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary determines appropriate.
(f) Applications
Each Predominantly Black Institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.
(g) Application review process
(h) Duration and carryover
Any grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury.
(i) Special rule on eligibility
No Predominantly Black Institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.
(
Editorial Notes
References in Text
The Act of March 2, 1867, referred to in subsec. (b)(1)(F)(iii), is act Mar. 2, 1867, ch. 162,
The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(C)(i), is
Amendments
2009—Subsec. (b)(1)(F).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
1 So in original. Probably should be "subsection".
§1059f. Native American-serving, nontribal institutions
(a) Program authorized
The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans and low-income individuals.
(b) Definitions
In this section:
(1) Native American
The term "Native American" means an individual who is of a tribe, people, or culture that is indigenous to the United States.
(2) Native American-serving, nontribal institution
The term "Native American-serving, nontribal institution" means an institution of higher education, as defined in
(A) is an eligible institution under
(B) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and
(C) is not a Tribal College or University (as defined in
(c) Authorized activities
(1) Types of activities authorized
Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Native Americans and low-income individuals.
(2) Examples of authorized activities
Such programs may include—
(A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;
(C) support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty's field of instruction;
(D) curriculum development and academic instruction;
(E) the purchase of library books, periodicals, microfilm, and other educational materials;
(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;
(G) the joint use of facilities such as laboratories and libraries;
(H) academic tutoring and counseling programs and student support services; and
(I) education or counseling services designed to improve the financial and economic literacy of students or the students' families.
(d) Application process
(1) Institutional eligibility
A Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may reasonably require.
(2) Applications
(A) Authority to submit applications
Any institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an application for assistance under this section to the Secretary.
(B) Simplified and streamlined format
The Secretary shall, to the extent possible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section.
(C) Content
An application submitted under subparagraph (A) shall include—
(i) a five-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans and low-income individuals; and
(ii) such other information and assurances as the Secretary may reasonably require.
(3) Special rules
(A) Eligibility
No Native American-serving, nontribal institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.
(B) Exemption
(C) Distribution
In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.
(D) Minimum grant amount
The minimum amount of a grant under this section shall be $200,000.
(
§1059g. Asian American and Native American Pacific Islander-serving institutions
(a) Program authorized
The Secretary shall provide grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.
(b) Definitions
In this section:
(1) Asian American
The term "Asian American" has the meaning given the term "Asian" in the Office of Management and Budget's Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).
(2) Asian American and Native American Pacific Islander-serving institution
The term "Asian American and Native American Pacific Islander-serving institution" means an institution of higher education that—
(A) is an eligible institution under
(B) at the time of application, has an enrollment of undergraduate students that is not less than 10 percent students who are Asian American or Native American Pacific Islander.
(3) Native American Pacific Islander
The term "Native American Pacific Islander" means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
(c) Authorized activities
(1) Types of activities authorized
Grants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.
(2) Examples of authorized activities
Such programs may include—
(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;
(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction;
(D) curriculum development and academic instruction;
(E) purchase of library books, periodicals, microfilm, and other educational materials;
(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;
(G) joint use of facilities such as laboratories and libraries;
(H) academic tutoring and counseling programs and student support services;
(I) establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;
(J) establishing or improving an endowment fund;
(K) academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are underrepresented;
(L) conducting research and data collection for Asian American and Native American Pacific Islander populations and subpopulations;
(M) establishing partnerships with community-based organizations serving Asian Americans and Native American Pacific Islanders; and
(N) education or counseling services designed to improve the financial and economic literacy of students or the students' families.
(d) Application process
(1) Institutional eligibility
Each Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require.
(2) Applications
Any institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such application shall include—
(A) a five-year plan for improving the assistance provided by the Asian American and Native American Pacific Islander-serving institution to Asian American and Native American Pacific Islander students and low-income individuals; and
(B) such other information and assurances as the Secretary may reasonably require.
(3) Special rules
(A) Eligibility
No Asian American and Native American Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or subchapter V.
(B) Exemption
(C) Distribution
In awarding grants under this section, the Secretary shall—
(i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and
(ii) give priority consideration to institutions for which not less than 10 percent of such institution's Asian American and Native American Pacific Islander students are low-income individuals.
(