§ 1068a. Waiver authority and reporting requirement

Footnotes

1. 1 So in original. Probably should be “part.”
2. 2 See References in Text note below.

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 § 392 · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1068a

   Pub. L. 89–329, title III, § 392, formerly § 352, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1304

   Source evidence

   Code source credit
   Pub. L. 89–329, title III, § 392, formerly § 352, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1304

2. 1987

   Higher Education Technical Amendments Act of 1987

   Pub. L. 100–50 § 2(a)(14) · 101 Stat. 335

   Substituted · 20 U.S.C. § 1068a(a)(2)

   Pub. L. 100–50, § 2(a)(14), substituted “low-income” for “low- and middle-income”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–50, § 2(a)(14), substituted “low-income” for “low- and middle-income”.

   Enacted provision · exact public law section
   (14) in section 352(a)(2), by striking out “low- and middle-income” and inserting “low-income”;

3. 1987

   Higher Education Technical Amendments Act of 1987

   Pub. L. 100–50 § 2(a)(15) · 101 Stat. 335

   Added · 20 U.S.C. § 1068a(b)(3)

   Pub. L. 100–50, § 2(a)(15), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 100–50, § 2(a)(15), added par. (3).

   Enacted provision · exact public law section
   (15) in section 352(b), by adding at the end thereof the following: “(3) The Secretary may waive the requirement set forth in section 312(b)(1)(E) in the case of an institution located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians.”;

4. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 title III § 305(b) · 106 Stat. 448

   Substituted · 20 U.S.C. § 1068a(a)

   Pub. L. 102–325 substituted “Secretary may waive” for “Secretary shall waive”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–325 substituted “Secretary may waive” for “Secretary shall waive”.

   Enacted provision · exact public law section
   (b) Waiver Authority.— Section 352(a) of the Act (20 U.S.C. 1067(a)) is amended in the matter preceding paragraph (1) by striking “shall” and inserting “may”.

5. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 title III · 112 Stat. 1581

   1. Struck · 20 U.S.C. § 1068a(a)(5)(7)

      Pub. L. 105–244 struck out “or” at end of par. (5)

   2. Added · 20 U.S.C. § 1068a(a)(5)(7)

      Pub. L. 105–244 added par. (6)

   3. Redesignated · 20 U.S.C. § 1068a(a)(5)(7)

      Pub. L. 105–244 redesignated former par. (6) as (7)

   Source evidence

   Code amendment note
   Subsec. (a)(5) to (7). Pub. L. 105–244 struck out “or” at end of par. (5), added par. (6), and redesignated former par. (6) as (7).

   Enacted provision · exact public law
   TITLE III— INSTITUTIONAL AID SEC. 301. TRANSFERS AND REDESIGNATIONS. (a) In General.— The Higher Education Act of 1965 is amended— (1) by redesignating part D of title III (20 U.S.C. 1066et seq.) as part F of title III; (2) 20 USC 1066 et seq., 1068 et seq. by redesignating sections 351, 352, 353, 354, 356, 357,358, and 360 (20 U.S.C. 1066, 1067, 1068, 1069, 1069b, 1069c,1069d, and 1069f) as sections 391, 392, 393, 394, 395, 396,397, and 399, respectively; (3) 20 USC 1132 et seq., 1066 et seq. by transferring part B of title VII (20 U.S.C. 1132c et seq.) to title III to follow part C of title III (20 U.S.C.1065 et seq.), and redesignating such part B as part D; (4) 20 USC 1132 et seq., 1066 et seq. by redesignating sections 721 through 728 (20 U.S.C.1132c and 1132c–7) as sections 341 through 348, respectively; (5) 20 USC 1135b et seq., 1067a et seq. by transferring subparts 1 and 3 of part B of title X (20 U.S.C. 1135b et seq. and 1135d et seq.) to title III to follow part D of title III (as redesignated by paragraph(3)), and redesignating such subpart 3 as subpart 2; (6) by inserting after part D of title III (as redesignated by paragraph (3)) the following: “PART E —MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM”; (7) 20 USC 1135b et seq., 1067a et seq. by redesignating sections 1021 through 1023 (20 U.S.C.1135b and 1135b–2), and sections 1041, 1042, 1043, 1044, 1046, and 1047 (20 U.S.C. 1135d, 1135d–1, 1135d–2, 1135d–3, 1135d–5, and 11353–6) as sections 351 through 353, and sections361, 362, 363, 364, 365, and 366, respectively; and (8) 20 USC 1067l. by repealing section 366 (as redesignated by paragraph(7)) (20 U.S.C. 1135d–6). (b) 20 USC 1067g. Conforming Amendments.— Section 361 (as redesignated by subsection (a)(7)) (20 U.S.C. 1135d) is amended— (1) in paragraph (1), by inserting “and” after the semicolon; (2) in paragraph (2), by striking “; and” and inserting a period; and (3) by striking paragraph (3). (c) Cross References.— Title III (20 U.S.C. 1051 et seq.) is amended— (1) in section 311(b) (20 U.S.C. 1057(b)), by striking “360(a)(1)” and inserting “399(a)(1)”; (2) in section 312 (20 U.S.C. 1058)— (A) in subsection (b)(1)(B), by striking “352(b)” and inserting “392(b)”; and (B) in subsection (c)(2), by striking “352(a)” and inserting “392(a)”; (3) in section 313(b) (20 U.S.C. 1059(b)), by striking “354(a)(1)” and inserting “394(a)(1)”; (4) in section 342 (as redesignated by subsection (a)(4)) 20 USC 1066a. (20 U.S.C. 1132c–1)— (A) in paragraph (3), by striking “723(b)” and inserting “343(b)”; (B) in paragraph (4), by striking “723” and inserting “343”; (C) in the matter preceding subparagraph (A) of paragraph (5), by striking “724(b)” and inserting “344(b)”; (D) in paragraph (8), by striking “725(1)” and inserting “345(1)”; and (E) in paragraph (9), by striking “727” and inserting “347”; (5) in section 343 (as redesignated by subsection (a)(4)) 20 USC 1066b. (20 U.S.C. 1132c–2)— (A) in subsection (a), by striking “724” and inserting “344”; and (B) in subsection (b)— (i) in the matter preceding paragraph (1), by striking “725(1) and 726” and inserting “345(1) and 346”; (ii) in paragraph (10), by striking “724” and inserting “344”; and (iii) in subsection (d), by striking “723(c)(1)” and inserting “343(c)(1)”; (6) in section 345(2) (as redesignated by subsection (a)(4)) 20 USC 1066d. (20 U.S.C. 1132c–4(2)), by striking “723” and inserting “343”; (7) in section 348 (as redesignated by subsection (a)(4)) 20 USC 1066g. (20 U.S.C. 1132c–7), by striking “725(1)” and inserting “345(1)”; (8) in section 353(a) (as redesignated by subsection (a)(7)) 20 USC 1067c. (20 U.S.C. 1135b–2(a))— (A) in paragraph (1), by striking “1046(6)” and inserting “365(6)”; (B) in paragraph (2), by striking “1046(7)” and inserting “365(7)”; (C) in paragraph (3), by striking “1046(8)” and inserting “365(8)”; and (D) in paragraph (4), by striking “1046(9)” and inserting “365(9)”; (9) in section 361(1) (as redesignated by subsection (a)(7)) 20 USC 1067g. (20 U.S.C. 1135d(1)), by striking “1046(3)” and inserting “365(3)”; (10) in section 362(a) (as redesignated by subsection (a)(7)) 20 USC 1067h. (20 U.S.C. 1135d–1(a))— (A) in the matter preceding paragraph (1), by striking “1041” and inserting “361”; and (B) in paragraph (1), by striking “1021(b)” and inserting “351(b)”; and (11) in section 391(b)(6) (as redesignated by subsection 20 USC 1068. (a)(2)), by striking “357” and inserting “396”. SEC. 302. FINDINGS. Section 301(a) (20 U.S.C. 1051(a)) is amended— (1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and (2) by inserting after paragraph (2) the following: “(3) in order to be competitive and provide a high-quality education for all, institutions of higher education should improve their technological capacity and make effective use of technology;”. SEC. 303. STRENGTHENING INSTITUTIONS. (a) Grants.— Section 311 (20 U.S.C. 1057) is amended by adding at the end the following: “(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. “(7) Funds management, 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 improving an endowment fund. “(11) Creating or improving facilities for Internet or other distance learning academic instruction capabilities, including purchase or rental of telecommunications technology equipment or services. “(12) Other activities proposed in the application submitted pursuant to subsection (c) that— “(A) contribute to carrying out the purposes of the program assisted under this part; and “(B) are approved by the Secretary as part of there view 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) Applicability. 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).”. (b) Endowment Fund Definition.— Section 312 (as amended by section 301(c)(2)) (20 U.S.C. 1058) is amended— (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: “(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.”. (c) Duration of Grant.— Section 313 (20 U.S.C. 1059) is amended— (1) in subsection (b), by inserting “subsection (c) and a grant under” before “section 394(a)(1)”; and (2) by adding at the end the following: “(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.”. (d) Applications.— Title III is amended by striking section 314 (20 U.S.C. 1059a) and inserting the following: “SEC. 314. 20 USC 1059a. APPLICATIONS. “Each eligible institution desiring to receive assistance under this part shall submit an application in accordance with the requirements of section 391.”. (e) American Indian Tribally Controlled Colleges and Universities.— Section 316 (20 U.S.C. 1059c) is amended to read as follows: “SEC. 316. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES. “(a) Program Authorized.— The Secretary shall provide grants and related assistance to Indian 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 College or University Assistance Act of 1978. “(2) Indian tribe.— The term ‘Indian tribe’ has the meaning given the term in section 2 of the Tribally Controlled College or University Assistance Act of 1978. “(3) Tribal college or university.— The term ‘Tribal College or University’ has the meaning give the term ‘tribally controlled college or university’ in section 2 of the Tribally Controlled College or University Assistance Act of 1978, and includes an institution listed in 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 section 101(a), except that paragraph (2) of such section shall not apply. “(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; “(C) support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction; “(D) academic instruction in disciplines in which Indians are underrepresented; “(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) funds management, administrative management, and acquisition of equipment for use in strengthening funds management; “(H) joint use of facilities, such as laboratories and libraries; “(I) establishing or improving a development office to strengthen or improve contributions from alumni and the private sector; “(J) 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; “(K) 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; and “(L) other activities proposed in the application submitted pursuant to subsection (d) that— “(i) contribute to carrying out the activities described in subparagraphs (A) through (K); 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 Applicability. 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 Process.— “(1) Institutional eligibility.— To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 312(b). “(2) Application.— Any Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, and in such manner, as the Secretary may by regulation reasonably require. Each such application shall include— “(A) a 5-year plan for improving the assistance provided by the Tribal College or University to Indian students, increasing the rates at which Indian secondary school students enroll in higher education, and increasing overall post secondary retention rates for Indian students; and “(B) such enrollment data and other information and assurances as the Secretary may require to demonstrate compliance with paragraph (1). “(3) Special rule.— For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section may concurrently receive other funds under this part or part B.”. (f) Alaska Native and Native Hawaiian-Serving Institutions.— Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding at the end the following: “SEC. 317. 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 section 9308 of the Elementary and Secondary Education Act of 1965; “(2) the term ‘Alaska Native-serving institution’ means an institution of higher education that— “(A) is an eligible institution under section 312(b); and “(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 section 9212 of the Elementary and Secondary Education Act of 1965; and “(4) the term ‘Native Hawaiian-serving institution’ means an institution of higher education which— “(A) is an eligible institution under section 312(b); and “(B) at the time of application, has an enrollment of under graduate 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; and “(H) academic tutoring and counseling programs and student support services. “(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. 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. “(e) Special Rule.— For the purposes of this section, no Alaska Native-serving institution or Native Hawaiian-serving institution which is eligible for and receives funds under this section may concurrently receive other funds under this part or part B.”. SEC. 304. STRENGTHENING HBCU’s. (a) Grants.— Section 323 (20 U.S.C. 1062) is amended— (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following: “(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 Applicability. 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).”; and (3) in subsection (c) (as redesignated by paragraph (1)), by striking paragraph (3). (b) Professional or Graduate Institutions.— (1) General authorization.— Section 326(a) (20 U.S.C.1063b(a)) is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting “in mathematics, engineering, or the physical or natural sciences” after “graduate education opportunities”; and (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 (B) in subsection (d)(2), by striking “$500,000” and inserting “$1,000,000”. (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.”. (3) Eligibility.— Section 326(e) (20 U.S.C. 1063b(e)) is amended— (A) in paragraph (1)— (i) by striking “include—” and inserting “are the following”; (ii) by inserting “and other qualified graduate programs” before the semicolon at the end of subparagraphs (E) through (J); (iii) by striking “and” at the end of subparagraph (O); and (iv) in subparagraph (P)— (I) by inserting “University” after “State”; and (II) by striking the period and inserting a semicolon; and (III) by adding at the end the following: “(Q) Norfolk State University qualified graduate programs; and “(R) Tennessee State University qualified graduate programs.”; (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 (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.”. (4) Funding rule.— Section 326(f) (20 U.S.C. 1063b(f)) is amended— (A) by striking “Of the amount appropriated” and inserting “Subject to subsection (g), of the amount appropriated”; (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)”; (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.”. (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.”. SEC. 305. ENDOWMENT CHALLENGE GRANTS. Section 331(b) (20 U.S.C. 1065(b)) is amended— (1) in paragraph (1), by striking “360” and inserting “399”; and (2) in paragraph (2), by striking subparagraphs (B) and(C) and inserting the following: “(B) The Secretary may make a grant under this part to an eligible institution in any fiscal year if the institution— “(i) applies for a grant in an amount not exceeding $500,000; and “(ii) has deposited in the eligible institution’s endowment fund established under this section an amount which is equal to ½ of the amount of such grant. “(C) An eligible institution of higher education that is awarded a grant under subparagraph (B) shall not be eligible to receive an additional grant under subparagraph (B) until 10 years after the date on which the grant period terminates.”. SEC. 306. HBCU CAPITAL FINANCING. (a) 20 USC 1066a. Definition.— Section 342(5) (as redesignated by section301(a)(4)) (20 U.S.C. 1132c–1(5)) is amended— (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (G), and (H), respectively; (2) by inserting after subparagraph (A) the following: “(B) a facility for the administration of an educational program, or a student center or student union, except that not more than 5 percent of the loan proceeds provided under this part may be used for the facility, center or union if the facility, center or union is owned, leased, managed, or operated by a private business, that, in return for such use, makes a payment to the eligible institution;”; (3) in subparagraph (C) (as redesignated by paragraph(1)), insert “technology,” after “instructional equipment”; (4) by inserting after subparagraph (C) (as redesignated by paragraph (1)) the following: “(D) a maintenance, storage, or utility facility that is essential to the operation of a facility, a library, a dormitory, equipment, instrumentation, a fixture, real property or an interest therein, described in this paragraph; “(E) a facility designed to provide primarily outpatient health care for students or faculty; “(F) physical infrastructure essential to support the projects authorized under this paragraph, including roads, sewer and drainage systems, and water, power, lighting, telecommunications, and other utilities;”; and (5) in subparagraph (H) (as redesignated by paragraph(2)), by striking “(C)” and inserting “(G)”. (b) 20 USC 1066b. Responsibilities.— Section 343 (as redesignated by section301(a)(4)) (20 U.S.C. 1132c–2) is amended— (1) in subsection (b)(8) (as redesignated by section 301(a)(4))(20 U.S.C. 1132c–2(b)(8)), by striking “10 percent” each place the term appears and inserting “5 percent”; and (2) by adding at the end the following: “(e) Notwithstanding any other provision of law, a qualified bond guaranteed under this part may be sold to any party that offers terms that the Secretary determines are in the best interest of the eligible institution.”. (c) Technical Assistance.— Section 345 (as redesignated by 20 USC 1066d. section 301(a)(4)) (20 U.S.C. 1132c–4) is amended— (1) in paragraph (5), by striking “and” after the semicolon; (2) in paragraph (6), by striking the period and inserting (3) by adding at the end the following: “(7) may, directly or by grant or contract, provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part.”. (d) Prohibition.— Section 346 (as redesignated by section 20 USC 1066e. 301(a)(4)) (20 U.S.C. 1132c–5) is repealed. (e) Advisory Board.— Section 347 (as redesignated by section 20 USC 1066f. 301(a)(4)) (20 U.S.C. 1132c–6) is amended— (1) in subsection (b)— (A) in subparagraph (D), by inserting “, or the president’s designee.” after the period; and (B) in subparagraph (E), by inserting “, or the designee of the Association” before the period; and (2) by striking subsection (c). SEC. 307. MINORITY SCIENCE AND ENGINEERING IMPROVEMENTPROGRAM. (a) Minority Science and Engineering Improvement Program Findings.— Subpart 1 of part E of title III (as redesignated by paragraphs (6) and (7) of section 301) (20 U.S.C. 1135bet seq.) is amended by inserting after the subpart heading the following: “SEC. 350. 20 USC 1067. FINDINGS. “Congress makes the following findings: “(1) It is incumbent on the Federal Government to support the technological and economic competitiveness of the United States by improving and expanding the scientific and technological capacity of the United States. More and better prepared scientists, engineers, and technical experts are needed to improve and expand such capacity. “(2) As the Nation’s population becomes more diverse, it is important that the educational and training needs of all Americans are met. Under representation of minorities in science and technological fields diminishes our Nation’s competitiveness by impairing the quantity of well prepared scientists, engineers, and technical experts in these fields. “(3) Despite significant limitations in resources, minority institutions provide an important educational opportunity for minority students, particularly in science and engineering fields. Aid to minority institutions is a good way to address the under representation of minorities in science and technological fields. “(4) There is a strong Federal interest in improving science and engineering programs at minority institutions as such programs lag behind in program offerings and in student enrollment compared to such programs at other institutions of higher education.”. (b) Eligibility for Grants.— Section 361 (as redesignated by section 301(a)(7)) (20 U.S.C. 1135d) is amended to read as follows: “SEC. 361. 20 USC 1067g. ELIGIBILITY FOR GRANTS. “Eligibility to receive grants under this part is limited to— “(1) public and private nonprofit institutions of higher education that— “(A) award baccalaureate degrees; and “(B) are minority institutions; “(2) public or private nonprofit institutions of higher education that— “(A) award associate degrees; and “(B) are minority institutions that— “(i) have a curriculum that includes science or engineering subjects; and “(ii) enter into a partnership with public or private nonprofit institutions of higher education that award baccalaureate degrees in science and engineering; “(3) nonprofit science-oriented organizations, professional scientific societies, and institutions of higher education that award baccalaureate degrees, that— “(A) provide a needed service to a group of minority institutions; or “(B) provide in-service training for project directors, scientists, and engineers from minority institutions; or “(4) consortia of organizations, that provide needed services to one or more minority institutions, the membership of which may include— “(A) institutions of higher education which have a curriculum in science or engineering; “(B) institutions of higher education that have a graduate or professional program in science or engineering; “(C) research laboratories of, or under contract with, the Department of Energy; “(D) private organizations that have science or engineering facilities; or “(E) quasi-governmental entities that have a significant scientific or engineering mission.”. (c) 20 USC 1067k. Definitions.— Section 365(4) (as redesignated by section301(a)(7)) (20 U.S.C. 1135d–5(4)) is amended by inserting “behavioral,” after “physical,”. (d) Conforming amendments.— The heading for subpart 1 of part E of title III (as redesignated by paragraphs (6) and (7)of section 301(a)) is amended by inserting “and Engineering” before “Improvement Program”. SEC. 308. GENERAL PROVISIONS. (a) Applications for Assistance.— subsection (a) of section 391(a) 20 USC 1068. (as redesignated by section 301(a)(2)) (20 U.S.C. 1066(a))is amended to read as follows: “(a) Applications.— “(1) Applications required.— Any institution which is eligible for assistance under this title shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate the institution’s need for the assistance. Subject to the availability of appropriations to carry out this title, the Secretary may approve an application for assistance under this title only if the Secretary determines that— “(A) the application meets the requirements of subsection (b); “(B) the applicant is eligible for assistance in accordance with the part of this title under which the assistance is sought; and “(C) the applicant’s performance goals are sufficiently rigorous as to meet the purposes of this title and the performance objectives and indicators for this title established by the Secretary pursuant to the Government Performance and Results Act of 1993 and the amendments made by such Act. “(2) Preliminary applications.— In carrying out paragraph (1), the Secretary may develop a preliminary application for use by eligible institutions applying under part A prior to the submission of the principal application.”. (b) Applications.— Paragraph (1) of section 391(b) (as redesignated 20 USC 1068. by section 301(a)(2)) (20 U.S.C. 1066(b)) is amended by inserting “, D or E” after “part C”. (c) Contents of Applications.— Section 391(b)(6) (as redesignated by section 301(a)(2)) is amended by inserting before the semicolon the following: “except that for purposes of section 316, paragraphs (2) and (3) of section 396 shall not apply”. (d) Waivers.— Section 392(a) (as redesignated by section 20 USC 1068a. 301(a)(2)) (20 U.S.C. 1067(a)) is amended— (1) by striking “or” at the end of paragraph (5); (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph: “(6) that is a tribally controlled college or university as defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978; or”. (e) Application Review Process.— Section 393(a) (as redesignated 20 USC 1068b. by section 301(a)(2)) (20 U.S.C. 1068(a)) is amended— (1) in paragraph (2), by striking “Native American colleges and universities” and inserting “Tribal Colleges and Universities”; and (2) by adding at the end the following: “(d) Exclusion.— The provisions of this section shall not apply to applications submitted under part D.”. (f) Waivers.— Paragraph (2) of section 395(b) (as redesignated 20 USC 1068d. by section 301(a)(2)) (20 U.S.C. 1069b(b)) is amended by striking “title IV, VII, or VIII” and inserting “part D or title IV”. (g) Continuation Awards.— Part F of title III is amended by inserting after section 397 (as redesignated by section 301(a)(2))(20 U.S.C. 1069d) the following: “SEC. 398. CONTINUATION AWARDS. “The Secretary shall make continuation awards under this title for the second and succeeding years of a grant only after determining that the recipient is making satisfactory progress in carrying out the grant.”. (h) Authorization of Appropriations.— Section 399(a) (as 20 USC 1068h. redesignated by section 301(a)(2)) (20 U.S.C. 1069f) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking “1993” and inserting “1999”; (B) in subparagraph (B)— (i) in clause (i), by striking “$45,000,000 for fiscal year 1993” and inserting “$10,000,000 for fiscal year 1999”; (ii) by striking clause (ii); and (iii) by striking “(B)(i) There” and inserting “(B) There”; and (C) by adding at the end the following: “(C) There are authorized to be appropriated to carry out section 317, $5,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.”; (2) in paragraph (2)— (A) in subparagraph (A), by striking “1993” and inserting “1999”; and (B) in subparagraph (B), by striking “$20,000,000 for fiscal year 1993” and inserting “$35,000,000 for fiscal year 1999”; (3) in paragraph (3), by striking “$50,000,000 for fiscal year 1993” and inserting “$10,000,000 for fiscal year 1999”; (4) by adding at the end the following: “(4) Part d.— (A) There are authorized to be appropriated to carry out part D (other than section 345(7), but including section 347), $110,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years. “(B) There are authorized to be appropriated to carry out section 345(7), such sums as may be necessary for fiscal year 1999 and each of the 4 succeeding fiscal years. “(5) Part e.— There are authorized to be appropriated to carry out part E, $10,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years.”; and (5) by striking subsections (c), (d), and (e).

6. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 320(5) · 122 Stat. 3078

   Substituted · 20 U.S.C. § 1068a(b)(2)

   Pub. L. 110–315, § 320(5), substituted “eligible institutions under part A” for “eligible institutions under part A institutions” in introductory provisions. See Codification note above

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–315, § 320(5), substituted “eligible institutions under part A” for “eligible institutions under part A institutions” in introductory provisions. See Codification note above.

   Enacted provision · exact public law section
   (5) in the matter preceding subparagraph (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking “eligible institutions under part A institutions” and inserting “eligible institutions under part A”; 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.

7. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 318 · 122 Stat. 3078

   Added · 20 U.S.C. § 1068a(c)

   Pub. L. 110–315, § 318, added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 110–315, § 318, added subsec. (c).

   Enacted provision · exact public law section
   SEC. 318. WAIVER AUTHORITY.   Section 392 (20 U.S.C. 1068a) is amended by adding at the end the following: “(c) Waiver Authority With Respect to Institutions Located in an Area Affected by a Gulf Hurricane Disaster.— “(1) Waiver authority.— Notwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance under this title at the time of a Gulf hurricane disaster, the Secretary shall, for each of the fiscal years 2009 through 2011 (and may, for each of the fiscal years 2012 and 2013)— “(A) waive— “(i) the eligibility data requirements set forth in section 391(d); “(ii) the wait-out period set forth in section 313(d); “(iii) the allotment requirements under section 324; and “(iv) the use of the funding formula developed pursuant to section 326(f)(3); “(B) waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under this title at the time of a Gulf hurricane disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding fiscal years, as necessary; and “(C) make available to each affected institution an amount that is not less than the amount made available to such institution under this title for fiscal year 2006, except that for any fiscal year for which the funds appropriated for payments under this title are less than the appropriated level for fiscal year 2006, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under this title. “(2) Definitions.— In this subsection: “(A) Affected institution.— The term ‘affected institution’ means an institution of higher education that— “(i) is— “(I) a part A institution (which term shall have the meaning given the term ‘eligible institution’ under section 312(b)); or “(II) a part B institution, as such term is defined in section 322(2), or as identified in section 326(e); “(ii) is located in an area affected by a Gulf hurricane disaster; and “(iii) is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institution— “(I) incurred physical damage; “(II) has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and “(III) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on August 29, 2005. “(B) Area affected by a gulf hurricane disaster; gulf hurricane disaster.— The terms ‘area affected by a Gulf hurricane disaster’ and ‘Gulf hurricane disaster’ have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109–148, 119 Stat. 2809).” .

   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.

8. 2009

   Pub. L. 111–39 title III § 301(8) · 123 Stat. 1934

   Changed · 20 U.S.C. § 1068a(a)(6)

   Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to section 1801 of title 25

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to section 1801 of title 25.

   Enacted provision · exact public law section
   (8) in section 392(a)(6) (20 U.S.C. 1068a(a)(6)), by striking “College or University” and inserting “Colleges and Universities”.

   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.

6 of 10 references resolved to an enrolled provision · 4 partial