Title 20 — Education
Part A · Chapter 28 — Higher Education Resources and Student Assistance
§ 1128. Equitable distribution of certain funds
Statutory text
Selection criteria
The Secretary shall make excellence the criterion for selection of grants awarded under section 1122 of this title.
Equitable distribution
To the extent practicable and consistent with the criterion of excellence, the Secretary shall award grants under this part (other than section 1122 of this title) in such a manner as will achieve an equitable distribution of funds throughout the United States.
Support for undergraduate education
The Secretary shall also award grants under this part in such manner as to ensure that an appropriate portion of the funds appropriated for this part (as determined by the Secretary) are used to support undergraduate education.
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.
Higher Education Act of 1965
Pub. L. 89–329 title VI § 608 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1128
(Pub. L. 89–329, title VI, § 608, as added Pub. L. 105–244, title VI, § 601, Oct. 7, 1998, 112 Stat. 1782.)
Source evidence
Code source credit
(Pub. L. 89–329, title VI, § 608, as added Pub. L. 105–244, title VI, § 601, Oct. 7, 1998, 112 Stat. 1782.)Enacted provision · exact public law section
Sec. 608. judicial review (a) If any State is dissatisfied with the Commissioner’s final action with respect to the approval of its State plan submitted under this part or with his final action under section 607, such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Commissioner or to set. it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. 62 Stat. 928.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 1128, Pub. L. 89–329, title VI, § 610A, as added Pub. L. 102–325, title VI, § 601, , 106 Stat. 728, authorized appropriations for this part, prior to the general amendment of this part by Pub. L. 105–244.
Another prior section 1128, Pub. L. 89–329, title VI, § 608, , 79 Stat. 1265, provided the process of judicial review in event of State dissatisfaction in equipment grant program, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 608 of Pub. L. 89–329 was classified to section 1125b of this title, prior to the general amendment of this part by Pub. L. 105–244.
Credits
(Pub. L. 89–329, title VI, § 608, as added Pub. L. 105–244, title VI, § 601, , 112 Stat. 1782.)