§ 1063b. Professional or graduate institutions

Footnotes

1. 1 So in original. Probably should be “subparagraphs (A) to (X) of subsection (e)(1)”.

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 § 326 · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1063b

   Pub. L. 89–329, title III, § 326, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1297

   Source evidence

   Code source credit
   Pub. L. 89–329, title III, § 326, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1297

2. 1987

   Higher Education Technical Amendments Act of 1987

   Pub. L. 100–50 § 2(a)(9) · 101 Stat. 335

   Inserted · 20 U.S.C. § 1063b(a)(2)

   Pub. L. 100–50, § 2(a)(9), inserted “except that the Morehouse School of Medicine shall receive at least $3,000,000”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–50, § 2(a)(9), inserted “except that the Morehouse School of Medicine shall receive at least $3,000,000”.

   Enacted provision · exact public law section
   (9) in section 326(a)(2), by inserting before the period at the Schools and colleges. end thereof the following: “except that the Morehouse School of Medicine shall receive at least $3,000,000”;

3. 1987

   Higher Education Technical Amendments Act of 1987

   Pub. L. 100–50 § 2(a)(10) · 101 Stat. 335

   Changed · 20 U.S.C. § 1063b(c)(3)

   Pub. L. 100–50, § 2(a)(10), made technical amendment to reference to section 1065 of this title to correct reference to corresponding section of original act

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 100–50, § 2(a)(10), made technical amendment to reference to section 1065 of this title to correct reference to corresponding section of original act.

   Enacted provision · exact public law section
   (10) in section 326(c), by striking out “section 333” and inserting 20 USC 1063b. “section 332”;

4. 1992

   Higher Education Amendments of 1992

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

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

      Pub. L. 102–325, § 303(f)(1), substituted “Eligibility” for “Eligible professional or graduate institutions” in heading

   2. Amended · 20 U.S.C. § 1063b(e)

      Pub. L. 102–325, § 303(f)(1), amended text generally. Prior to amendment, text read as follows: “Independent professional or graduate institutions eligible for grants under subsection (a) of this section include—

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–325, § 303(f)(1), substituted “Eligibility” for “Eligible professional or graduate institutions” in heading and amended text generally. Prior to amendment, text read as follows: “Independent professional or graduate institutions eligible for grants under subsection (a) of this section include—

   “(1) Morehouse School of Medicine; “(2) Meharry Medical School; “(3) Charles R. Drew Postgraduate Medical School; “(4) Atlanta University; and “(5) Tuskegee Institute School of Veterinary Medicine.”

   Enacted provision · exact public law section
   (1) Eligible institutions.— Section 326(e) of the Act (20 U.S.C. 1063b(e)) is amended to read as follows: “(e) Eligibility.— “(1) In general.— Independent professional or graduate institutions and programs eligible for grants under subsection (a) include— “(A) Morehouse School of Medicine; “(B) Meharry Medical School; “(C) Charles R. Drew Postgraduate Medical School; “(D) Clark-Atlanta University; “(E) Tuskegee University School of Veterinary Medicine; “(F) Xavier University School of Pharmacy; “(G) Southern University School of Law; “(H) Texas Southern University School of Law and School of Pharmacy; “(I) Florida A&M University School of Pharmaceutical Sciences; “(J) North Carolina Central University School of Law; “(K) Morgan State University qualified graduate program; “(L) Hampton University qualified graduate program; “(M) Alabama A&M qualified graduate program; “(N) North Carolina A&T State University qualified graduate program; “(O) University of Maryland Eastern Shore qualified graduate program; and “(P) Jackson State qualified graduate program. “(2) Qualified graduate program.— For the purposes of this section, the term ‘qualified graduate program’ means a graduate or professional program that— “(A) provides a program of instruction in the physical or natural sciences, engineering, mathematics, or other scientific discipline in which African Americans are underrepresented; “(B) has been accredited by a nationally recognized accrediting agency or association or has been approved by a nationally recognized approving agency; and “(C) has students enrolled in such program at the time of application for a grant under this section. “(3) Special rule.— Graduate institutions that were awarded grants under this section prior to October 1, 1992 shall continue to receive such grant payments, regardless of the eligibility of the graduate institutions described in subparagraphs (F) through (P), until such grant period has expired or September 30, 1993, whichever is later. “(4) One grant per institution.— The Secretary shall not award more than 1 grant under this section in any fiscal year to any institution of higher education or university system”.

5. 1992

   Higher Education Amendments of 1992

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

   Added · 20 U.S.C. § 1063b(f)

   Pub. L. 102–325, § 303(g), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 102–325, § 303(g), added subsec. (f).

   Enacted provision · exact public law section
   (g) Funding Rules for Graduate and Professional Institutions.— Section 326 of the Act is further amended by adding at the end the following new subsection:

6. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(a)(9) · 107 Stat. 2457

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

      Pub. L. 103–208 redesignated subpar. (C) as (B)

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

      Pub. L. 103–208 struck out former subpar. (B) which read as follows: “has been accredited by a nationally recognized accrediting agency or association or has been approved by a nationally recognized approving agency; and”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 103–208 redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “has been accredited by a nationally recognized accrediting agency or association or has been approved by a nationally recognized approving agency; and”.

   Enacted provision · exact public law section
   (9) in section 326(e)(2)— 20 USC 1063b. (A) by inserting “and” after the semicolon at the end of subparagraph (A); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B);

7. 1996

   Pub. L. 104–141 § 2 · 110 Stat. 1328

   Struck · 20 U.S.C. § 1063b(b)

   Pub. L. 104–141 struck out at end “No more than two 5-year grants (for a period of not more than 10 years) may be made to any one undergraduate or postgraduate institution.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–141 struck out at end “No more than two 5-year grants (for a period of not more than 10 years) may be made to any one undergraduate or postgraduate institution.”

   Enacted provision · exact public law section
   SECTION 2. ELIMINATION OF GRANT RENEWAL LIMITATION. Section 326(b) of the Higher Education Act of 1965 (20 U.S.C. 1063b(b)) is amended by striking the second sentence.

8. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 304(b)(1)(A)(i) · 112 Stat. 1581

   Inserted · 20 U.S.C. § 1063b(a)(1)

   Pub. L. 105–244, § 304(b)(1)(A)(i), inserted “in mathematics, engineering, or the physical or natural sciences” after “graduate education opportunities”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 105–244, § 304(b)(1)(A)(i), inserted “in mathematics, engineering, or the physical or natural sciences” after “graduate education opportunities”.

   Enacted provision · exact public law section
   (i) in paragraph (1), by inserting “in mathematics, engineering, or the physical or natural sciences” after “graduate education opportunities”; and

   Effective date note
   Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

9. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 304(b)(1)(A)(ii) · 112 Stat. 1581

   1. Substituted · 20 U.S.C. § 1063b(a)(2)

      Pub. L. 105–244, § 304(b)(1)(A)(ii), substituted “$1,000,000 may” for “$500,000 may”

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

      Pub. L. 105–244, § 304(b)(1)(A)(ii), substituted “, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.” for “except that the Morehouse School of Medicine shall receive at least $3,000,000.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 105–244, § 304(b)(1)(A)(ii), substituted “$1,000,000 may” for “$500,000 may” and “, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.” for “except that the Morehouse School of Medicine shall receive at least $3,000,000.”

   Enacted provision · exact public law section
   (ii) in paragraph (2)— (I) by striking “$500,000” and inserting “$1,000,000”; and (II) by striking “except that” and all that follows and inserting the following: “, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.”; and

   Effective date note
   Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

10. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(2) · 112 Stat. 1581

    1. Added · 20 U.S.C. § 1063b(c)

       Pub. L. 105–244, § 304(b)(2), added pars. (1) to (7)

    2. Struck · 20 U.S.C. § 1063b(c)

       Pub. L. 105–244, § 304(b)(2), struck out former pars. (1) to (3) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–244, § 304(b)(2), added pars. (1) to (7) and struck out former pars. (1) to (3) which read as follows:

    “(1) any of the purposes enumerated under section 1062 of this title; “(2) to establish or improve a development office to strengthen and increase contributions from alumni and the private sector; and “(3) to assist in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 1065 of this title.”

    Enacted provision · exact public law section
    (2) Use of funds.— Section 326(c) (20 U.S.C. 1063b(c))is amended by striking paragraphs (1) through (3) and inserting the following: “(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) purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials; “(4) scholarships, fellowships, and other financial assistance for needy graduate and professional students to permit the enrollment of the students in and completion of the doctoral degree in medicine, dentistry, pharmacy, veterinary medicine, law, and the doctorate degree in the physical or natural sciences, engineering, mathematics, or other scientific disciplines in which African Americans are underrepresented; “(5) establish or improve a development office to strengthen and increase contributions from alumni and the private sector; “(6) assist in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 331; and “(7) funds and administrative management, and the acquisition of equipment, including software, for use in strengthening funds management and management information systems.”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

11. 1998

    Higher Education Amendments of 1998

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

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

    Pub. L. 105–244, § 304(b)(1)(B), substituted “$1,000,000” for “$500,000”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 105–244, § 304(b)(1)(B), substituted “$1,000,000” for “$500,000”.

    Enacted provision · exact public law section
    (B) in subsection (d)(2), by striking “$500,000” and inserting “$1,000,000”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

12. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(3)(A)(i) · 112 Stat. 1581

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

    Pub. L. 105–244, § 304(b)(3)(A)(i), substituted “are the following” for “include—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 105–244, § 304(b)(3)(A)(i), substituted “are the following” for “include—” in introductory provisions.

    Enacted provision · exact public law section
    (i) by striking “include—” and inserting “are the following”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

13. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(3)(A)(ii) · 112 Stat. 1581

    Inserted · 20 U.S.C. § 1063b(e)(1)(E)(J)

    Pub. L. 105–244, § 304(b)(3)(A)(ii), inserted “and other qualified graduate programs” before semicolon at end

    Source evidence

    Code amendment note
    Subsec. (e)(1)(E) to (J). Pub. L. 105–244, § 304(b)(3)(A)(ii), inserted “and other qualified graduate programs” before semicolon at end.

    Enacted provision · exact public law section
    (ii) by inserting “and other qualified graduate programs” before the semicolon at the end of subparagraphs (E) through (J);

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

14. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(3)(A)(iv)(I) · 112 Stat. 1581

    Inserted · 20 U.S.C. § 1063b(e)(1)(P)

    Pub. L. 105–244, § 304(b)(3)(A)(iv)(I), inserted “University” after “State”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(P). Pub. L. 105–244, § 304(b)(3)(A)(iv)(I), inserted “University” after “State”.

    Enacted provision · exact public law section
    (I) by inserting “University” after “State”; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

15. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(3)(A)(iii) · 112 Stat. 1581

    Added · 20 U.S.C. § 1063b(e)(1)(Q); 20 U.S.C. § 1063b(e)(1)(R)

    Pub. L. 105–244, § 304(b)(3)(A)(iii), (iv)(II), (III), added subpars. (Q) and (R)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(Q), (R). Pub. L. 105–244, § 304(b)(3)(A)(iii), (iv)(II), (III), added subpars. (Q) and (R).

    Enacted provision · exact public law section
    (iii) by striking “and” at the end of subparagraph (O); and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

16. 1998

    Higher Education Amendments of 1998

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

    1. Added · 20 U.S.C. § 1063b(e)(2)

       Pub. L. 105–244, § 304(b)(3)(B), added par. (2)

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

       Pub. L. 105–244, § 304(b)(3)(B), struck out heading and text of former par. (2). Text read as follows: “For the purposes of this section, the term ‘qualified graduate program’ means a graduate or professional program that—

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 105–244, § 304(b)(3)(B), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “For the purposes of this section, the term ‘qualified graduate program’ means a graduate or professional program that—

    “(A) provides a program of instruction in the physical or natural sciences, engineering, mathematics, or other scientific discipline in which African Americans are underrepresented; and “(B) has students enrolled in such program at the time of application for a grant under this section.”

    Enacted provision · exact public law section
    (B) by striking paragraphs (2) and (3) and inserting the following: “(2) Qualified graduate program.— (A) For the purposes of this section, the term ‘qualified graduate program’ means a graduate or professional program that provides a program of instruction in the physical or natural sciences, engineering, mathematics, or other scientific discipline in which African Americans are under represented and has students enrolled in such program at the time of application for a grant under this section. “(B) Notwithstanding the enrollment requirement contained in subparagraph (A), an institution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified graduate program. “(3) Special rule.— Institutions that were awarded grants under this section prior to October 1, 1998, shall continue to receive such grants, subject to the availability of appropriated funds, regardless of the eligibility of the institutions described in subparagraphs (Q) and (R) of paragraph (1).”; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

17. 1998

    Higher Education Amendments of 1998

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

    1. Added · 20 U.S.C. § 1063b(e)(3)

       Pub. L. 105–244, § 304(b)(3)(B), added par. (3)

    2. Struck · 20 U.S.C. § 1063b(e)(3)

       Pub. L. 105–244, § 304(b)(3)(B), struck out heading and text of former par. (3). Text read as follows: “Graduate institutions that were awarded grants under this section prior to October 1, 1992 shall continue to receive such grant payments, regardless of the eligibility of the graduate institutions described in subparagraphs (F) through (P), until such grant period has expired or September 30, 1993, whichever is later.”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 105–244, § 304(b)(3)(B), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “Graduate institutions that were awarded grants under this section prior to October 1, 1992 shall continue to receive such grant payments, regardless of the eligibility of the graduate institutions described in subparagraphs (F) through (P), until such grant period has expired or September 30, 1993, whichever is later.”

    Enacted provision · exact public law section
    (B) by striking paragraphs (2) and (3) and inserting the following: “(2) Qualified graduate program.— (A) For the purposes of this section, the term ‘qualified graduate program’ means a graduate or professional program that provides a program of instruction in the physical or natural sciences, engineering, mathematics, or other scientific discipline in which African Americans are under represented and has students enrolled in such program at the time of application for a grant under this section. “(B) Notwithstanding the enrollment requirement contained in subparagraph (A), an institution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified graduate program. “(3) Special rule.— Institutions that were awarded grants under this section prior to October 1, 1998, shall continue to receive such grants, subject to the availability of appropriated funds, regardless of the eligibility of the institutions described in subparagraphs (Q) and (R) of paragraph (1).”; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

18. 1998

    Higher Education Amendments of 1998

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

    Added · 20 U.S.C. § 1063b(e)(5)

    Pub. L. 105–244, § 304(b)(3)(C), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 105–244, § 304(b)(3)(C), added par. (5).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(5) Institutional choice.— The president or chancellor of the institution may decide which graduate or professional school or qualified graduate program will receive funds under the grant in any 1 fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds submitted to the Secretary under this section.”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

19. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(4)(A) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1063b(f)

    Pub. L. 105–244, § 304(b)(4)(A), substituted “Subject to subsection (g), of the amount appropriated” for “Of the amount appropriated” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–244, § 304(b)(4)(A), substituted “Subject to subsection (g), of the amount appropriated” for “Of the amount appropriated” in introductory provisions.

    Enacted provision · exact public law section
    (A) by striking “Of the amount appropriated” and inserting “Subject to subsection (g), of the amount appropriated”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

20. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(4)(B) · 112 Stat. 1581

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

       Pub. L. 105–244, § 304(b)(4)(B), substituted “$26,600,000” for “$12,000,000”

    2. Substituted · 20 U.S.C. § 1063b(f)(1)

       Pub. L. 105–244, § 304(b)(4)(B), substituted “(A) through (P)” for “(A) through (E)”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 105–244, § 304(b)(4)(B), substituted “$26,600,000” for “$12,000,000” and “(A) through (P)” for “(A) through (E)”.

    Enacted provision · exact public law section
    (B) in paragraph (1)— (i) by striking “$12,000,000” and inserting “$26,600,000”; and (ii) by striking “(A) through (E)” and inserting “(A) through (P)”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

21. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(4)(C) · 112 Stat. 1581

    1. Added · 20 U.S.C. § 1063b(f)(2); 20 U.S.C. § 1063b(f)(3)

       Pub. L. 105–244, § 304(b)(4)(C), added pars. (2) and (3)

    2. Struck · 20 U.S.C. § 1063b(f)(2); 20 U.S.C. § 1063b(f)(3)

       Pub. L. 105–244, § 304(b)(4)(C), struck out former par. (2) which read as follows: “any amount appropriated in excess of $12,000,000 shall be available—

    Source evidence

    Code amendment note
    Subsec. (f)(2), (3). Pub. L. 105–244, § 304(b)(4)(C), added pars. (2) and (3) and struck out former par. (2) which read as follows: “any amount appropriated in excess of $12,000,000 shall be available—

    “(A) for the purposes of making grants, in equal amounts not to exceed $500,000, to institutions or programs described in subparagraphs (F) through (P) of subsection (e)(1) of this section; and “(B) secondly for the purposes of making grants to institutions or programs described in subparagraphs (A) through (P) of subsection (e)(1) of this section.”

    Enacted provision · exact public law section
    (C) by striking paragraph (2) and inserting the following: “(2) any amount in excess of $26,600,000, but not in excess of $28,600,000, shall be available for the purpose of making grants to institutions or programs described in subparagraphs (Q) and (R) of subsection (e)(1); and “(3) any amount in excess of $28,600,000, shall be made available to each of the institutions or programs identified in subparagraphs (A) through (R) pursuant to a formula developed by the Secretary that uses the following elements: “(A) The ability of the institution to match Federal funds with non-Federal funds. “(B) The number of students enrolled in the programs for which the eligible institution received funding under this section in the previous year. “(C) The average cost of education per student, for all full-time graduate or professional students (or the equivalent) enrolled in the eligible professional or graduate school, or for doctoral students enrolled in the qualified graduate programs. “(D) The number of students in the previous year who received their first professional or doctoral degree from the programs for which the eligible institution received funding under this section in the previous year. “(E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds under this section to the total number of African Americans receiving graduate or professional degrees in the professions or disciplines related to the programs for the previous year.”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

22. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 304(b)(5) · 112 Stat. 1581

    Added · 20 U.S.C. § 1063b(g)

    Pub. L. 105–244, § 304(b)(5), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–244, § 304(b)(5), added subsec. (g).

    Enacted provision · exact public law section
    (5) Hold harmless rule.— Section 326 is further amended by adding at the end the following new subsection: “(g) Hold Harmless Rule.— Notwithstanding paragraphs (2) and (3) of subsection (f), no institution or qualified program identified in subsection (e)(1) that received a grant for fiscal year 1998 and that is eligible to receive a grant in a subsequent fiscal year shall receive a grant amount in any such subsequent fiscal year that is less than the grant amount received for fiscal year 1998, unless the amount appropriated is not sufficient to provide such grant amounts to all such institutions and programs, or the institution cannot provide sufficient matching funds to meet the requirements of this section.”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, 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.

23. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(a) · 122 Stat. 3078

    Inserted · 20 U.S.C. § 1063b(b)

    Pub. L. 110–315, § 311(a), inserted at end “Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–315, § 311(a), inserted at end “Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period.”

    Enacted provision · exact public law section
    (a) Duration of Grant.— Section 326(b) (20 U.S.C. 1063b(b)) is amended by adding at the end the following: “Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period.”.

24. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(b)(1) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1063b(c)(5)

    Pub. L. 110–315, § 311(b)(1), substituted “establishing or improving” for “establish or improve”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 110–315, § 311(b)(1), substituted “establishing or improving” for “establish or improve”.

    Enacted provision · exact public law section
    (1) in paragraph (5), by striking “establish or improve” and inserting “establishing or improving”;

25. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(b)(2) · 122 Stat. 3078

    1. Substituted · 20 U.S.C. § 1063b(c)(6)

       Pub. L. 110–315, § 311(b)(2), substituted “assisting” for “assist”

    2. Struck · 20 U.S.C. § 1063b(c)(6)

       Pub. L. 110–315, § 311(b)(2), struck out “and” after semicolon

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 110–315, § 311(b)(2), substituted “assisting” for “assist” and struck out “and” after semicolon.

    Enacted provision · exact public law section
    (2) in paragraph (6)— (A) by striking “assist” and inserting “assisting”; and (B) by striking “and” after the semicolon;

26. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(b)(3) · 122 Stat. 3078

    Added · 20 U.S.C. § 1063b(c)(8)(12)

    Pub. L. 110–315, § 311(b)(3), (4), added pars. (8) to (12)

    Source evidence

    Code amendment note
    Subsec. (c)(8) to (12). Pub. L. 110–315, § 311(b)(3), (4), added pars. (8) to (12).

    Enacted provision · exact public law section
    (3) by striking the period at the end of paragraph (7) and inserting a semicolon; and

27. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(c)(1)(A) · 122 Stat. 3078

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

    Pub. L. 110–315, § 311(c)(1)(A), inserted a colon after “the following” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 110–315, § 311(c)(1)(A), inserted a colon after “the following” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A), by inserting a colon after “the following”;

28. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(c)(1)(B) · 122 Stat. 3078

    Added · 20 U.S.C. § 1063b(e)(1)(S)(X)

    Pub. L. 110–315, § 311(c)(1)(B)–(D), added subpars. (S) to (X)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(S) to (X). Pub. L. 110–315, § 311(c)(1)(B)–(D), added subpars. (S) to (X).

    Enacted provision · exact public law section
    (B) in subparagraph (Q), by striking “and” at the end;

29. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(c)(3) · 122 Stat. 3078

    1. Inserted · 20 U.S.C. § 1063b(e)(2)(A)

       Pub. L. 110–315, § 311(c)(3), inserted “in law or” after “instruction”

    2. Substituted · 20 U.S.C. § 1063b(e)(2)(A)

       Pub. L. 110–315, § 311(c)(3), substituted “mathematics, psychometrics, or” for “mathematics, or”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 110–315, § 311(c)(3), inserted “in law or” after “instruction” and substituted “mathematics, psychometrics, or” for “mathematics, or”.

    Enacted provision · exact public law section
    (3) Additional eligibility changes.— Section 326(e)(2)(A) (20 U.S.C. 1063b(e)(2)(A)) is amended— (A) by inserting “in law or” after “instruction”; and (B) by striking “mathematics, or” and inserting “mathematics, psychometrics, or”.

30. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(c)(2) · 122 Stat. 3078

    1. Substituted · 20 U.S.C. § 1063b(e)(3)

       Pub. L. 110–315, § 311(c)(2), substituted “2008” for “1998”

    2. Substituted · 20 U.S.C. § 1063b(e)(3)

       Pub. L. 110–315, § 311(c)(2), substituted “subparagraphs (S) through (X)” for “subparagraphs (Q) and (R)”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 110–315, § 311(c)(2), substituted “2008” for “1998” and “subparagraphs (S) through (X)” for “subparagraphs (Q) and (R)”.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended— (A) by striking “1998” and inserting “2008”; and (B) by striking “(Q) and (R)” and inserting “(S) through (X)”.

31. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(c)(4) · 122 Stat. 3078

    Struck · 20 U.S.C. § 1063b(e)(4)

    Pub. L. 110–315, § 311(c)(4), struck out “or university system” after “higher education”

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 110–315, § 311(c)(4), struck out “or university system” after “higher education”.

    Enacted provision · exact public law section
    (4) One grant per institution.— Section 326(e)(4) (20 U.S.C. 1063b(e)(4)) is amended by striking “or university system”.

32. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(d)(1) · 122 Stat. 3078

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

       Pub. L. 110–315, § 311(d)(1), substituted “$56,900,000” for “$26,600,000”

    2. Substituted · 20 U.S.C. § 1063b(f)(1)

       Pub. L. 110–315, § 311(d)(1), substituted “through (R)” for “through (P)”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 110–315, § 311(d)(1), substituted “$56,900,000” for “$26,600,000” and “through (R)” for “through (P)”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “$26,600,000” and inserting “$56,900,000”; and (B) by striking “(P)” and inserting “(R)”;

33. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(d)(2) · 122 Stat. 3078

    1. Substituted · 20 U.S.C. § 1063b(f)(2)

       Pub. L. 110–315, § 311(d)(2), substituted “$56,900,000, but not in excess of $62,900,000” for “$26,600,000, but not in excess of $28,600,000”

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

       Pub. L. 110–315, § 311(d)(2), substituted “subparagraphs (S) through (X)” for “subparagraphs (Q) and (R)”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 110–315, § 311(d)(2), substituted “$56,900,000, but not in excess of $62,900,000” for “$26,600,000, but not in excess of $28,600,000” and “subparagraphs (S) through (X)” for “subparagraphs (Q) and (R)”.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by striking “$26,600,000, but not in excess of $28,600,000” and inserting “$56,900,000, but not in excess of $62,900,000”; and (B) by striking “subparagraphs (Q) and (R)” and inserting “subparagraphs (S) through (X)”; and

34. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(d)(3) · 122 Stat. 3078

    1. Substituted · 20 U.S.C. § 1063b(f)(3)

       Pub. L. 110–315, § 311(d)(3), in introductory provisions, substituted “$62,900,000” for “$28,600,000”

    2. Substituted · 20 U.S.C. § 1063b(f)(3)

       Pub. L. 110–315, § 311(d)(3), in introductory provisions, substituted “through (X)” for “through (R)”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 110–315, § 311(d)(3), in introductory provisions, substituted “$62,900,000” for “$28,600,000” and “through (X)” for “through (R)”.

    Enacted provision · exact public law section
    (3) in the matter preceding subparagraph (A) of paragraph (3)— (A) by striking “$28,600,000” and inserting “$62,900,000”; and (B) by striking “(R)” and inserting “(X)”.

35. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(e) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1063b(g)

    Pub. L. 110–315, § 311(e), substituted “2008” for “1998” in two places

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–315, § 311(e), substituted “2008” for “1998” in two places.

    Enacted provision · exact public law section
    (e) Hold Harmless Rule.— Section 326(g) 20 USC 1063b. (20 U.S.C. 1063(g)) is amended by striking “1998” each place it appears and inserting “2008”.

36. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 311(f) · 122 Stat. 3078

    Added · 20 U.S.C. § 1063b(h)

    Pub. L. 110–315, § 311(f), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–315, § 311(f), added subsec. (h).

    Enacted provision · exact public law section
    (f) Interaction With Other Grant Programs.— Section 326 (as amended by this section) (20 U.S.C. 1063) 20 USC 1063b. is further amended by adding at the end the following: “(h) Interaction With Other Grant Programs.— No institution that is eligible for and receives an award under section 512, 723, or 724 for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year.” .

49 of 50 references resolved to an enrolled provision · 1 partial