§ 1068h. Authorization of appropriations

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 § 399 · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1068h

   Pub. L. 89–329, title III, § 399, formerly § 360, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307

   Source evidence

   Code source credit
   Pub. L. 89–329, title III, § 399, formerly § 360, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307

2. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 305(e) · 106 Stat. 448

   1. Amended · 20 U.S.C. § 1068h(a)

      Pub. L. 102–325, § 305(e), amended subsec. (a) generally

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

      Pub. L. 102–325, § 305(e), substituting present provisions for provisions authorizing appropriations for fiscal year 1987 and the four succeeding fiscal years

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–325, § 305(e), amended subsec. (a) generally, substituting present provisions for provisions authorizing appropriations for fiscal year 1987 and the four succeeding fiscal years.

   Enacted provision · exact public law section
   (e) Authorizations.— Section 360(a) of the Act is amended to 20 USC 1069f. read as follows: “Sec. 360. (a) Authorizations.— “(1) Part a.— (A) There are authorized to be appropriated to carry out part A, $135,000,000 (other than section 316) for fiscal year 1993, and such sums as may be necessary for each of the 4 succeeding fiscal years. “(B) (i) There are authorized to be appropriated to carry out section 316, $45,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years. “(ii) No funds are authorized to be appropriated pursuant to clause (i) for any fiscal year unless the amount appropriated pursuant to paragraph (1)(A) for such fiscal year equals or exceeds $80,000,000. “(2) Part b.— (A) There are authorized to be appropriated to carry out part B (other than section 326), $135,000,000 for fiscal year 1993, 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 326, $20,000,000 for fiscal year 1993, and such sums as may be necessary for each of the 4 succeeding fiscal years. “(3) Part c.— There are authorized to be appropriated to carry out part C, $50,000,000 for fiscal year 1993, and such sums as may be necessary for each of the 4 succeeding fiscal years.”.

3. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 305(f) · 106 Stat. 448

   1. Substituted · 20 U.S.C. § 1068h(c)

      Pub. L. 102–325, § 305(f), substituted “1986, the Secretary shall, for such fiscal year—” for “1986—” in introductory provisions

   2. Added · 20 U.S.C. § 1068h(c)

      Pub. L. 102–325, § 305(f), added pars. (1) and (2)

   3. Struck · 20 U.S.C. § 1068h(c)

      Pub. L. 102–325, § 305(f), struck out former pars. (1) and (2) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–325, § 305(f), substituted “1986, the Secretary shall, for such fiscal year—” for “1986—” in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:

   “(1) the Secretary shall, for such fiscal year, make available for use for the purposes of part A of this subchapter to institutions that are junior or community colleges not less than $51,400,000; and “(2) the Secretary shall, for such fiscal year— “(A) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions with the highest percentages of students who are Black Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and “(B) allocate 75 percent of such excess among other eligible institutions.”

   Enacted provision · exact public law section
   (f) Reservations.— Section 360(c) of the Act is amended by striking “1986—” and paragraphs (1) and (2) and inserting the following: “1986, the Secretary shall, for such fiscal year— “(1) allocate 25 percent of the excess (above the amount appropriated for part A for fiscal year 1986) among eligible institutions at which at least 60 percent of the students are African Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and “(2) allocate 75 percent of such excess among other eligible institutions.”.

4. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 305(g) · 106 Stat. 448

   Added · 20 U.S.C. § 1068h(e)

   Pub. L. 102–325, § 305(g), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–325, § 305(g), added subsec. (e).

   Enacted provision · exact public law section
   (g) Additional Reservation.— Section 360 is further amended by adding at the end thereof the following new subsection: “(e) Additional Reservation.— In any fiscal year beginning after September 30, 1992, the Secretary shall award at least 25 percent of the amount appropriated pursuant to the authority of paragraph (3) of subsection (a) m each fiscal year to historically black colleges and universities that meet the requirements of part C, unless there are an insufficient number of quality applications or an insufficient number of applications due to the provisions in subsection (b)(2)(C) or subsection (b)(4)(B) of section 331.”.

5. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 308(h)(1)(A) · 112 Stat. 1581

   Substituted · 20 U.S.C. § 1068h(a)(1)(A)

   Pub. L. 105–244, § 308(h)(1)(A), substituted “1999” for “1993”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 105–244, § 308(h)(1)(A), substituted “1999” for “1993”.

   Enacted provision · exact public law section
   (A) in subparagraph (A), by striking “1993” and inserting “1999”;

   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.

6. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 308(h)(1)(B) · 112 Stat. 1581

   1. Redesignated · 20 U.S.C. § 1068h(a)(1)(B)

      Pub. L. 105–244, § 308(h)(1)(B), redesignated cl. (i) as entire subpar.

   2. Substituted · 20 U.S.C. § 1068h(a)(1)(B)

      Pub. L. 105–244, § 308(h)(1)(B), substituted “$10,000,000 for fiscal year 1999” for “$45,000,000 for fiscal year 1993”

   3. Struck · 20 U.S.C. § 1068h(a)(1)(B)

      Pub. L. 105–244, § 308(h)(1)(B), struck out cl. (ii) which read as follows: “No funds are authorized to be appropriated pursuant to clause (i) for any fiscal year unless the amount appropriated pursuant to paragraph (1)(A) for such fiscal year equals or exceeds $80,000,000.”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 105–244, § 308(h)(1)(B), redesignated cl. (i) as entire subpar., substituted “$10,000,000 for fiscal year 1999” for “$45,000,000 for fiscal year 1993”, and struck out cl. (ii) which read as follows: “No funds are authorized to be appropriated pursuant to clause (i) for any fiscal year unless the amount appropriated pursuant to paragraph (1)(A) for such fiscal year equals or exceeds $80,000,000.”

   Enacted provision · exact public law section
   (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

   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.

7. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 308(h)(1)(C) · 112 Stat. 1581

   Added · 20 U.S.C. § 1068h(a)(1)(C)

   Pub. L. 105–244, § 308(h)(1)(C), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C). Pub. L. 105–244, § 308(h)(1)(C), added subpar. (C).

   Enacted provision · exact public law section
   (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.”;

   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.

8. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 308(h)(2)(A) · 112 Stat. 1581

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

   Pub. L. 105–244, § 308(h)(2)(A), substituted “1999” for “1993”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 105–244, § 308(h)(2)(A), substituted “1999” for “1993”.

   Enacted provision · exact public law section
   (A) in subparagraph (A), by striking “1993” and inserting “1999”; 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 § 308(h)(2)(B) · 112 Stat. 1581

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

   Pub. L. 105–244, § 308(h)(2)(B), substituted “$35,000,000 for fiscal year 1999” for “$20,000,000 for fiscal year 1993”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 105–244, § 308(h)(2)(B), substituted “$35,000,000 for fiscal year 1999” for “$20,000,000 for fiscal year 1993”.

   Enacted provision · exact public law section
   (B) in subparagraph (B), by striking “$20,000,000 for fiscal year 1993” and inserting “$35,000,000 for fiscal year 1999”;

   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 § 308(h)(3) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1068h(a)(3)

    Pub. L. 105–244, § 308(h)(3), substituted “$10,000,000 for fiscal year 1999” for “$50,000,000 for fiscal year 1993”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 105–244, § 308(h)(3), substituted “$10,000,000 for fiscal year 1999” for “$50,000,000 for fiscal year 1993”.

    Enacted provision · exact public law section
    (3) in paragraph (3), by striking “$50,000,000 for fiscal year 1993” and inserting “$10,000,000 for fiscal year 1999”;

    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 § 308(h)(4) · 112 Stat. 1581

    Added · 20 U.S.C. § 1068h(a)(4); 20 U.S.C. § 1068h(a)(5)

    Pub. L. 105–244, § 308(h)(4), added pars. (4) and (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 105–244, § 308(h)(4), added pars. (4) and (5).

    Enacted provision · exact public law section
    (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

    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 § 308(h)(5) · 112 Stat. 1581

    Struck · 20 U.S.C. § 1068h(c)

    Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (c). Text read as follows: “If the amount appropriated under subsection (a)(1) of this section for part A of this subchapter for any fiscal year beginning after September 30, 1986, equals or exceeds the amount appropriated for such part for fiscal year 1986, the Secretary shall, for such fiscal year—

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (c). Text read as follows: “If the amount appropriated under subsection (a)(1) of this section for part A of this subchapter for any fiscal year beginning after September 30, 1986, equals or exceeds the amount appropriated for such part for fiscal year 1986, the Secretary shall, for such fiscal year—

    “(1) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions at which at least 60 percent of the students are African Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and “(2) allocate 75 percent of such excess among other eligible institutions.”

    Enacted provision · exact public law section
    (5) by striking subsections (c), (d), and (e).

    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 § 308(h)(5) · 112 Stat. 1581

    Struck · 20 U.S.C. § 1068h(d)

    Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (d). Text read as follows: “In any fiscal year in which the sums appropriated for part A of this subchapter are insufficient to make the reservations required by subsection (c) of this section, the Secretary shall ratably reduce the amount of the reservation.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (d). Text read as follows: “In any fiscal year in which the sums appropriated for part A of this subchapter are insufficient to make the reservations required by subsection (c) of this section, the Secretary shall ratably reduce the amount of the reservation.”

    Enacted provision · exact public law section
    (5) by striking subsections (c), (d), and (e).

    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 § 308(h)(5) · 112 Stat. 1581

    Struck · 20 U.S.C. § 1068h(e)

    Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (e). Text read as follows: “In any fiscal year beginning after September 30, 1992, the Secretary shall award at least 25 percent of the amount appropriated pursuant to the authority of paragraph (3) of subsection (a) of this section in each fiscal year to historically black colleges and universities that meet the requirements of part C of this subchapter, unless there are an insufficient number of quality applications or an insufficient number of applications due to the provisions in subsection (b)(2)(C) or subsection (b)(4)(B) of section 1065 of this title.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (e). Text read as follows: “In any fiscal year beginning after September 30, 1992, the Secretary shall award at least 25 percent of the amount appropriated pursuant to the authority of paragraph (3) of subsection (a) of this section in each fiscal year to historically black colleges and universities that meet the requirements of part C of this subchapter, unless there are an insufficient number of quality applications or an insufficient number of applications due to the provisions in subsection (b)(2)(C) or subsection (b)(4)(B) of section 1065 of this title.”

    Enacted provision · exact public law section
    (5) by striking subsections (c), (d), and (e).

    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. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 title III § 319 · 122 Stat. 3078

    Amended · 20 U.S.C. § 1068h(a)

    Pub. L. 110–315 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authorizations for parts A to E for fiscal year 1999 and each of the 4 succeeding fiscal years

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–315 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authorizations for parts A to E for fiscal year 1999 and each of the 4 succeeding fiscal years.

    Enacted provision · exact public law section
    SEC. 319. AUTHORIZATION OF APPROPRIATIONS.   Section 399(a) (20 U.S.C. 1068h(a)) is amended to read as follows: “(a) Authorizations.— “(1) Part a.— (A) There are authorized to be appropriated to carry out part A (other than sections 316 through 320), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(B) There are authorized to be appropriated to carry out section 316, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(C) There are authorized to be appropriated to carry out section 317, $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(D) There are authorized to be appropriated to carry out section 318, $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years. “(E) There are authorized to be appropriated to carry out section 319, $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(F) There are authorized to be appropriated to carry out section 320, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(2) Part b.— (A) There are authorized to be appropriated to carry out part B (other than section 326), $375,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(B) There are authorized to be appropriated to carry out section 326, $125,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(3) Part c.— There are authorized to be appropriated to carry out part C, $10,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(4) Part d.— (A) There are authorized to be appropriated to carry out part D (other than section 345(9), but including section 347), $185,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(B) There are authorized to be appropriated to carry out section 345(9) such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. “(5) Part e.— (A) There are authorized to be appropriated to carry out subpart 1 of part E, $12,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. “(B) There are authorized to be appropriated to carry out subpart 2 of part E, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.” .

19 of 20 references resolved to an enrolled provision · 1 partial