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119th Congress

Title 20 — Education

Part B · Chapter 28 — Higher Education Resources and Student Assistance

§ 1062. Grants to institutions

Statutory text

(a)

General authorization; uses of funds

From amounts available under section 1068h(a)(2) of this title for any fiscal year, the Secretary shall make grants (under section 1063 of this title) to institutions which have applications approved by the Secretary (under section 1063a of this title) for any of the following uses:

(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 classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services.

(3)

Support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in their field of instruction.

(4)

Academic instruction in disciplines in which Black Americans are underrepresented.

(5)

Purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program materials.

(6)

Tutoring, counseling, and student service programs designed to improve academic success.

(7)

Funds and administrative management, and acquisition of equipment for use in strengthening funds management.

(8)

Joint use of facilities, such as laboratories and libraries.

(9)

Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector.

(10)

Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher certification.

(11)

Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education.

(12)

Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.

(13)

Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under subchapter IV.

(14)

Services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose.

(15)

Other activities proposed in the application submitted pursuant to section 1063a of this title that—

(A)

contribute to carrying out the purposes of this part; and

(B)

are approved by the Secretary as part of the review and acceptance of such application.

(b)

Endowment fund

(1)

In general

An institution may use not more than 20 percent of the grant funds provided under this part to establish or increase an endowment fund at the 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).

(c)

Limitations

(1)

No grant may be made under this chapter for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. For the purpose of this subsection, the term “school or department of divinity” means an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects.

(2)

Not more than 50 percent of the allotment of any institution may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title III § 323 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1062

    Pub. L. 89–329, title III, § 323, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1295

    Source evidence

    Code source credit
    Pub. L. 89–329, title III, § 323, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1295

  2. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 2(a)(7) · 101 Stat. 335

    Substituted · 20 U.S.C. § 1062(a)

    Pub. L. 100–50 substituted “section 1069f(a)(2) of this title” for “section 1069d(a)(2) of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–50 substituted “section 1069f(a)(2) of this title” for “section 1069d(a)(2) of this title”.

    Enacted provision · exact public law section
    (7) in section 323(a), by striking out “section 358(a)(2)” and 20 USC 1062. inserting “section 360(a)(2)”;

  3. Pub. L. 100–369 § 10(b)(1) · 102 Stat. 835

    Inserted · 20 U.S.C. § 1062(a)(3)

    Pub. L. 100–369, § 10(b)(1), inserted “, and faculty development” after “exchanges”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 100–369, § 10(b)(1), inserted “, and faculty development” after “exchanges”.

    Enacted provision · exact public law section
    (1) by inserting a comma and “and faculty development” after “exchanges” in paragraph (3); and

  4. Pub. L. 100–369 § 10(b)(2) · 102 Stat. 835

    Added · 20 U.S.C. § 1062(a)(7); 20 U.S.C. § 1062(a)(8)

    Pub. L. 100–369, § 10(b)(2), added pars. (7) and (8)

    Source evidence

    Code amendment note
    Subsec. (a)(7), (8). Pub. L. 100–369, § 10(b)(2), added pars. (7) and (8).

    Enacted provision · exact public law section
    (2) by inserting after paragraph (6) the following new paragraphs: (3) ) Funds and administrative management, and acquisition of equipment for use in strengthening funds management. (4) ) Joint use of facilities, such as laboratories and libraries.’’.

  5. Higher Education Amendments of 1992

    Pub. L. 102–325 § 303(a)(1) · 106 Stat. 448

    Inserted · 20 U.S.C. § 1062(a)(2)

    Pub. L. 102–325, § 303(a)(1), inserted “, including purchase or rental of telecommunications technology equipment or services” after “facilities”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–325, § 303(a)(1), inserted “, including purchase or rental of telecommunications technology equipment or services” after “facilities”.

    Enacted provision · exact public law section
    (1) in paragraph (2), by inserting “, including purchase or rental of telecommunications technology equipment or services” after “facilities”;

  6. Higher Education Amendments of 1992

    Pub. L. 102–325 § 303(a)(2) · 106 Stat. 448

    Inserted · 20 U.S.C. § 1062(a)(5)

    Pub. L. 102–325, § 303(a)(2), inserted “, including telecommunications program materials” after “materials”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 102–325, § 303(a)(2), inserted “, including telecommunications program materials” after “materials”.

    Enacted provision · exact public law section
    (2) in paragraph (5), by inserting “, including telecommunications program materials” after “materials”; and

  7. Higher Education Amendments of 1992

    Pub. L. 102–325 § 303(a)(3) · 106 Stat. 448

    Added · 20 U.S.C. § 1062(a)(9)(12)

    Pub. L. 102–325, § 303(a)(3), added pars. (9) to (12)

    Source evidence

    Code amendment note
    Subsec. (a)(9) to (12). Pub. L. 102–325, § 303(a)(3), added pars. (9) to (12).

    Enacted provision · exact public law section
    (3) by inserting at the end thereof the following new paragraphs: “(9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector. “(10) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program, preparation for teacher certification. “(11) Establishing community outreach programs which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education. “(12) Other activities proposed in the application submitted pursuant to section 325 that— “(A) contribute to carrying out the purposes of this part; and “(B) are approved by the Secretary as part of the review and acceptance of such application.”.

  8. Higher Education Amendments of 1992

    Pub. L. 102–325 § 303(b) · 106 Stat. 448

    Added · 20 U.S.C. § 1062(b)(3)

    Pub. L. 102–325, § 303(b), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 102–325, § 303(b), added par. (3).

    Enacted provision · exact public law section
    (b) Limitations.— Section 323(b) of the Act (20 U.S.C. 1062(b)) is amended by inserting at the end thereof the following new paragraph: “(3) The Secretary shall not award a grant under this part for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of the Communications Act of 1934.”.

  9. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(a)(8) · 107 Stat. 2457

    Changed · 20 U.S.C. § 1062(b)(3)

    Pub. L. 103–208 realigned margin

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 103–208 realigned margin.

    Enacted provision · exact public law section
    (8) by reducing by two em spaces the indentation of each of the following provisions: sections 323(b)(3), 331(a)(2)(D), and 20 USC 1062, 1064. 331(b)(5);

  10. Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(a)(1) · 112 Stat. 1581

    1. Added · 20 U.S.C. § 1062(b); 20 U.S.C. § 1062(c)

      Pub. L. 105–244, § 304(a)(1), (2), added subsec. (b)

    2. Redesignated · 20 U.S.C. § 1062(b); 20 U.S.C. § 1062(c)

      Pub. L. 105–244, § 304(a)(1), (2), redesignated former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 105–244, § 304(a)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c).

    Enacted provision · exact public law section
    (1) by redesignating subsection (b) as subsection (c);

  11. Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(a)(3) · 112 Stat. 1581

    Struck · 20 U.S.C. § 1062(c)(3)

    Pub. L. 105–244, § 304(a)(3), struck out par. (3) which read as follows: “The Secretary shall not award a grant under this part for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of title 47.”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 105–244, § 304(a)(3), struck out par. (3) which read as follows: “The Secretary shall not award a grant under this part for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of title 47.”

    Enacted provision · exact public law section
    (3) in subsection (c) (as redesignated by paragraph (1)), by striking paragraph (3).

  12. Higher Education Opportunity Act

    Pub. L. 110–315 § 309(1) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1062(a)

    Pub. L. 110–315, § 309(1), substituted “section 1068h(a)(2)” for “section 1069f(a)(2)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–315, § 309(1), substituted “section 1068h(a)(2)” for “section 1069f(a)(2)” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “360(a)(2)” and inserting “399(a)(2)”;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

  13. Higher Education Opportunity Act

    Pub. L. 110–315 § 309(2) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1062(a)(12)(15)

      Pub. L. 110–315, § 309(2), (3), added pars. (12) to (14)

    2. Redesignated · 20 U.S.C. § 1062(a)(12)(15)

      Pub. L. 110–315, § 309(2), (3), redesignated former par. (12) as (15)

    Source evidence

    Code amendment note
    Subsec. (a)(12) to (15). Pub. L. 110–315, § 309(2), (3), added pars. (12) to (14) and redesignated former par. (12) as (15).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (12) as paragraphs (15); and

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

  14. Pub. L. 111–39 title III § 301(3) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 1062(a)

    Pub. L. 111–39 substituted “for any fiscal year,” for “in any fiscal year” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–39 substituted “for any fiscal year,” for “in any fiscal year” in introductory provisions.

    Enacted provision · exact public law section
    (3) in section 323(a) (20 U.S.C. 1062(a)), in the matter preceding paragraph (1), by striking “in any fiscal year” and inserting “for any fiscal year,”;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

15 of 16 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 1062, Pub. L. 89–329, title III, § 323, as added Pub. L. 96–374, title III, § 301, , 94 Stat. 1395, provided for duration of grants to institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99–498.

Another prior section 1062, Pub. L. 89–329, title IV, § 402, , 79 Stat. 1232; Pub. L. 90–575, title I, § 102, , 82 Stat. 1017, related to determination of amount of grant and establishment of basic criteria or schedules, prior to the general revision of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), , 86 Stat. 247.

Amendments1987–2009 · 7 rounds

2009

Subsec. (a). Pub. L. 111–39 substituted “for any fiscal year,” for “in any fiscal year” in introductory provisions.

2008

Subsec. (a). Pub. L. 110–315, § 309(1), substituted “section 1068h(a)(2)” for “section 1069f(a)(2)” in introductory provisions.

Subsec. (a)(12) to (15). Pub. L. 110–315, § 309(2), (3), added pars. (12) to (14) and redesignated former par. (12) as (15).

1998

Subsecs. (b), (c). Pub. L. 105–244, § 304(a)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c).

Subsec. (c)(3). Pub. L. 105–244, § 304(a)(3), struck out par. (3) which read as follows: “The Secretary shall not award a grant under this part for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of title 47.”

1993

Subsec. (b)(3). Pub. L. 103–208 realigned margin.

1992

Subsec. (a)(2). Pub. L. 102–325, § 303(a)(1), inserted “, including purchase or rental of telecommunications technology equipment or services” after “facilities”.

Subsec. (a)(5). Pub. L. 102–325, § 303(a)(2), inserted “, including telecommunications program materials” after “materials”.

Subsec. (a)(9) to (12). Pub. L. 102–325, § 303(a)(3), added pars. (9) to (12).

Subsec. (b)(3). Pub. L. 102–325, § 303(b), added par. (3).

1988

Subsec. (a)(3). Pub. L. 100–369, § 10(b)(1), inserted “, and faculty development” after “exchanges”.

Subsec. (a)(7), (8). Pub. L. 100–369, § 10(b)(2), added pars. (7) and (8).

1987

Subsec. (a). Pub. L. 100–50 substituted “section 1069f(a)(2) of this title” for “section 1069d(a)(2) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective , 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.

Credits

1986–2009 · 8 acts
  1. 1986Pub. L. 89–329, title III, § 323, as added Pub. L. 99–498, title III, § 301(a), , 100 Stat. 1295
  2. 1987amended Pub. L. 100–50, § 2(a)(7), , 101 Stat. 335
  3. 1988Pub. L. 100–369, § 10(b), , 102 Stat. 838
  4. 1992Pub. L. 102–325, title III, § 303(a), (b), , 106 Stat. 474, 475
  5. 1993Pub. L. 103–208, § 2(a)(8), , 107 Stat. 2457
  6. 1998Pub. L. 105–244, title III, § 304(a), , 112 Stat. 1642
  7. 2008Pub. L. 110–315, title III, § 309, , 122 Stat. 3177
  8. 2009Pub. L. 111–39, title III, § 301(3), , 123 Stat. 1937.
Show as published

(Pub. L. 89–329, title III, § 323, as added Pub. L. 99–498, title III, § 301(a), , 100 Stat. 1295; amended Pub. L. 100–50, § 2(a)(7), , 101 Stat. 335; Pub. L. 100–369, § 10(b), , 102 Stat. 838; Pub. L. 102–325, title III, § 303(a), (b), , 106 Stat. 474, 475; Pub. L. 103–208, § 2(a)(8), , 107 Stat. 2457; Pub. L. 105–244, title III, § 304(a), , 112 Stat. 1642; Pub. L. 110–315, title III, § 309, , 122 Stat. 3177; Pub. L. 111–39, title III, § 301(3), , 123 Stat. 1937.)

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