§ 1063. Allotments to institutions

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. 1986

   Higher Education Act of 1965

   Pub. L. 89–329 title III § 324 · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1063

   Pub. L. 89–329, title III, § 324, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296

   Source evidence

   Code source credit
   Pub. L. 89–329, title III, § 324, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296

2. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 § 7007(4) · 100 Stat. 1874

   1. Amended · 20 U.S.C. § 1063(c)

      Pub. L. 99–509, § 7007(4), amended subsec. generally

   2. Substituted · 20 U.S.C. § 1063(c)

      Pub. L. 99–509, § 7007(4), substituting “percentage of graduates per institution” for “number of graduates”

   3. Substituted · 20 U.S.C. § 1063(c)

      Pub. L. 99–509, § 7007(4), substituting “percentage of such graduates per institution” for “number of such graduates”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–509, § 7007(4), amended subsec. generally, substituting “percentage of graduates per institution” for “number of graduates” and “percentage of such graduates per institution” for “number of such graduates”.

   Enacted provision · exact public law section
   SEC. 7007. MODIFICATION OF TITLE III. PART B. HIGHER EDUCATION ACT ALLOCATION FORMULA. Section 324 of the Higher Education Act (as amended by the Ante, p. 1296. Higher Education Amendments of 1986) is amended— (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; (2) by inserting after subsection (c) the following new subsection: “(d) Minimum Allotment.— (1) Notwithstanding subsections (a), (b), and (c), the amount allotted to each part B institution under this section shall not be less than $350,000. “(2) If the amount appropriated pursuant to section 360(a)(2)(A) for any fiscal year is not sufficient to pay the minimum allotment required by paragraph (1) of this subsection to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocation shall be increased on the same basis as they were reduced (until the amount allotted equals the minimum allotment required by paragraph (1)).”; and (3) by striking out “subsection (a), (b), or (c)” in subsection (e) (as redesignated by paragraph (1) of this subsection) and inserting in lieu thereof “subsection (a), (b), (c), or (d)”; and (4) by amending subsection (c) to read as follows: “(c) Allotment; Graduate and Professional Student Basis.— From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth of that amount as the percentage of graduates per institution, who are admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented, bears to the percentage of such graduates per institution for all part B institutions.”

3. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 § 7007(1) · 100 Stat. 1874

   Redesignated · 20 U.S.C. § 1063(d)

   Pub. L. 99–509, § 7007(1), (2), added subsec. (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–509, § 7007(1), (2), added subsec. (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;

4. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 § 7007(1) · 100 Stat. 1874

   1. Redesignated · 20 U.S.C. § 1063(e)

      Pub. L. 99–509, § 7007(1), (3), redesignated former subsec. (d) as (e)

   2. Redesignated · 20 U.S.C. § 1063(e)

      Pub. L. 99–509, § 7007(1), (3), substituted “subsection (a), (b), (c), or (d)” for “subsection (a), (b), or (c)”. Former subsec. (e) redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–509, § 7007(1), (3), redesignated former subsec. (d) as (e), and substituted “subsection (a), (b), (c), or (d)” for “subsection (a), (b), or (c)”. Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;

5. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 § 7007(1) · 100 Stat. 1874

   Redesignated · 20 U.S.C. § 1063(f); 20 U.S.C. § 1063(g)

   Pub. L. 99–509, § 7007(1), redesignated subsecs. (e) and (f) as (f) and (g), respectively

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 99–509, § 7007(1), redesignated subsecs. (e) and (f) as (f) and (g), respectively.

   Enacted provision · exact public law section
   (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;

6. 1992

   Higher Education Amendments of 1992

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

   Inserted · 20 U.S.C. § 1063(c)

   Pub. L. 102–325, § 303(c), inserted “, within 5 years of graduation with a baccalaureate degree,” after “in attendance at”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–325, § 303(c), inserted “, within 5 years of graduation with a baccalaureate degree,” after “in attendance at”.

   Enacted provision · exact public law section
   (c) Allotment.— Section 324(c) of the Act (20 U.S.C. 1063(c)) is amended by inserting “, within 5 years of graduation with a baccalaureate degree,” after “who are admitted to and in attendance at”.

7. 1992

   Higher Education Amendments of 1992

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

   Substituted · 20 U.S.C. § 1063(d)(1)

   Pub. L. 102–325, § 303(d), substituted “$500,000” for “$350,000”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 102–325, § 303(d), substituted “$500,000” for “$350,000”.

   Enacted provision · exact public law section
   (d) Minimum Allotments.— Section 324(d) of the Act is amended by striking “$350,000” and inserting “$500,000”.

8. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 title XI § 11717(b) · 111 Stat. 251

   Substituted · 20 U.S.C. § 1063(g)

   Pub. L. 105–33 substituted “District of Columbia Home Rule Act” for “District of Columbia Self-Government and Governmental Reorganization Act”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 105–33 substituted “District of Columbia Home Rule Act” for “District of Columbia Self-Government and Governmental Reorganization Act”.

   Enacted provision · exact public law section
   (b) References in Law.— Any reference in law or regulation to the District of Columbia Self-Government and Governmental Reorganization Act shall be deemed to be a reference to the District of Columbia Home Rule Act.

9. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 310(a) · 122 Stat. 3078

   Amended · 20 U.S.C. § 1063(d)

   Pub. L. 110–315, § 310(a), amended subsec. (d) generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–315, § 310(a), amended subsec. (d) generally. Prior to amendment, text read as follows:

   “(1) Notwithstanding subsections (a), (b), and (c) of this section, the amount allotted to each part B institution under this section shall not be less than $500,000. “(2) If the amount appropriated pursuant to section 1069f(a)(2)(A) of this title for any fiscal year is not sufficient to pay the minimum allotment required by paragraph (1) of this subsection to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocation shall be increased on the same basis as they were reduced (until the amount allotted equals the minimum allotment required by paragraph (1)).”

   Enacted provision · exact public law section
   (a) Minimum Allotment.— Subsection (d) of section 324 (20 U.S.C. 1063(d)) is amended to read as follows: “(d) Minimum Allotment.— Notwithstanding subsections (a) through (c), and subject to subsection (h), if the amount of an award under this section for a part B institution, based on the data provided by the part B institution and the formula under subsections (a) through (c), would be— “(1) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an allotment in the amount of $500,000; and “(2) an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000.” .

   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.

10. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 310(b) · 122 Stat. 3078

    Added · 20 U.S.C. § 1063(h)

    Pub. L. 110–315, § 310(b), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–315, § 310(b), added subsec. (h).

    Enacted provision · exact public law section
    (b) Conditions for Allotments.— Section 324 (20 U.S.C. 1063) is further amended by adding at the end the following new subsection: “(h) Conditions for Allotments.— “(1) Student requirements for allotment.— Notwithstanding any other provision of this section, a part B institution that would otherwise be eligible for funds under this part shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), if the part B institution, in the academic year preceding such fiscal year— “(A) did not have any enrolled students who were Pell Grant recipients; “(B) did not graduate any students; or “(C) where appropriate, did not have any students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented. “(2) Data requirements for allotments.— Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), unless the institution provides the Secretary with the data required by the Secretary and for purposes of the formula described in subsections (a) through (c), including— “(A) the number of Pell Grant recipients enrolled in the part B institution in the academic year preceding such fiscal year; “(B) the number of students who earned an associate or baccalaureate degree from the part B institution in the academic year preceding such fiscal year; and “(C) where appropriate, the percentage of students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented in the academic year preceding such 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.

11. 2009

    Pub. L. 111–39 title III § 301(4) · 123 Stat. 1934

    1. Amended · 20 U.S.C. § 1063(d)

       Pub. L. 111–39 designated existing provisions as par. (1)

    2. Redesignated · 20 U.S.C. § 1063(d)

       Pub. L. 111–39 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)

    3. Added · 20 U.S.C. § 1063(d)

       Pub. L. 111–39 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–39 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

    Enacted provision · exact public law section
    (4) in section 324(d) (20 U.S.C. 1063(d))— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking “Notwithstanding subsections (a)” and inserting “(1) Notwithstanding subsections (a)”; and (C) by adding at the end the following: “(2) If the amount appropriated pursuant to section 399(a)(2)(A) for any fiscal year is not sufficient to pay the minimum allotment required by paragraph (1) to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocations shall be increased on the same basis as the basis on which they were reduced (until the amount allotted equals the minimum allotment required by paragraph (1)).” ;

    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