TITLE 20 - US CODE - SUBCHAPTER VII - GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Part A - Graduate Education Programs

subpart 1 - jacob 20 USC k - javits fellowship program

20 USC 1134 - Award of Jacob K. Javits fellowships

(a) Authority and timing of awards 
The Secretary is authorized to award fellowships in accordance with the provisions of this subpart for graduate study in the arts, humanities, and social sciences by students of superior ability selected on the basis of demonstrated achievement, financial need, and exceptional promise. The fellowships shall be awarded to students who are eligible to receive any grant, loan, or work assistance pursuant to section 1091 of this title and intend to pursue a doctoral degree, except that fellowships may be granted to students pursuing a masters degree in those fields in which the masters degree is the terminal highest degree awarded in the area of study. All funds appropriated in a fiscal year shall be obligated and expended to the students for fellowships for use in the academic year beginning after July 1 of the fiscal year following the fiscal year for which the funds were appropriated. The fellowships shall be awarded for only 1 academic year of study and shall be renewable for a period not to exceed 4 years of study.
(b) Designation of fellows 
Students receiving awards under this subpart shall be known as Jacob K. Javits Fellows.
(c) Interruptions of study 
The institution of higher education may allow a fellowship recipient to interrupt periods of study for a period not to exceed 12 months for the purpose of work, travel, or independent study away from the campus, if such independent study is supportive of the fellowship recipients academic program and shall continue payments for those 12-month periods during which the student is pursuing travel or independent study supportive of the recipients academic program.
(d) Process and timing of competition 
The Secretary shall make applications for fellowships under this part available not later than October 1 of the academic year preceding the academic year for which fellowships will be awarded, and shall announce the recipients of fellowships under this section not later than March 1 of the academic year preceding the academic year for which the fellowships are awarded.
(e) Authority to contract 
The Secretary is authorized to enter into a contract with a nongovernmental agency to administer the program assisted under this part if the Secretary determines that entering into the contract is an efficient means of carrying out the program.

20 USC 1134a - Allocation of fellowships

(a) Fellowship Board 

(1) Appointment 
The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (hereinafter in this subpart referred to as the Board) consisting of 9 individuals representative of both public and private institutions of higher education who are especially qualified to serve on the Board. In making appointments, the Secretary shall give due consideration to the appointment of individuals who are highly respected in the academic community. The Secretary shall assure that individuals appointed to the Board are broadly representative of a range of disciplines in graduate education in arts, humanities, and social sciences.
(2) Duties 
The Board shall
(A) establish general policies for the program established by this subpart and oversee the programs operation;
(B) establish general criteria for the award of fellowships in academic fields identified by the Board, or, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program assisted under this subpart, by such nongovernmental entity;
(C) appoint panels of academic scholars with distinguished backgrounds in the arts, humanities, and social sciences for the purpose of selecting fellows, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity; and
(D) prepare and submit to the Congress at least once in every 3-year period a report on any modifications in the program that the Board determines are appropriate.
(3) Consultations 
In carrying out its responsibilities, the Board shall consult on a regular basis with representatives of the National Science Foundation, the National Endowment for the Humanities, the National Endowment for the Arts, and representatives of institutions of higher education and associations of such institutions, learned societies, and professional organizations.
(4) Term 
The term of office of each member of the Board shall be 4 years, except that any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. No member may serve for a period in excess of 6 years.
(5) Initial meeting; vacancy 
The Secretary shall call the first meeting of the Board, at which the first order of business shall be the election of a Chairperson and a Vice Chairperson, who shall serve until 1 year after the date of the appointment of the Chairperson and Vice Chairperson. Thereafter each officer shall be elected for a term of 2 years. In case a vacancy occurs in either office, the Board shall elect an individual from among the members of the Board to fill such vacancy.
(6) Quorum; additional meetings 

(A) A majority of the members of the Board shall constitute a quorum.
(B) The Board shall meet at least once a year or more frequently, as may be necessary, to carry out the Boards responsibilities.
(7) Compensation 
Members of the Board, while serving on the business of the Board, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the rate of basic pay payable for level IV of the Executive Schedule, including travel time, and while so serving away from their homes or regular places of business, the members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in Government service employed intermittently.
(b) Use of selection panels 
The recipients of fellowships shall be selected in each designated field from among all applicants nationwide in each field by distinguished panels appointed by the Board to make such selections under criteria established by the Board, except that, in the event that the Secretary enters into a contract with a nongovernmental entity to administer the program, such panels may be appointed by such nongovernmental entity. The number of recipients in each field in each year shall not exceed the number of fellows allocated to that field for that year by the Board.
(c) Fellowship portability 
Each recipient shall be entitled to use the fellowship in a graduate program at any accredited institution of higher education in which the recipient may decide to enroll.

20 USC 1134b - Stipends

(a) Award by Secretary 
The Secretary shall pay to individuals awarded fellowships under this subpart such stipends as the Secretary may establish, reflecting the purpose of this program to encourage highly talented students to undertake graduate study as described in this subpart. In the case of an individual who receives such individuals first stipend under this subpart in academic year 19992000 or any succeeding academic year, such stipend shall be set at a level of support equal to that provided by the National Science Foundation graduate fellowships, except such amount shall be adjusted as necessary so as not to exceed the fellows demonstrated level of need determined in accordance with part E of subchapter IV of this chapter.
(b) Institutional payments 

(1) In general 

(A) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for 19992000 and succeeding academic years, the same amount as the institutional payment made for 19981999 under section 1134j (b) of this title (as such section was in effect on the day before October 7, 1998) adjusted for 19992000 and annually thereafter in accordance with inflation as determined by the Department of Labors Consumer Price Index for the previous calendar year.
(B) The institutional allowance paid under subparagraph (A) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipients instructional program.
(2) Special rules 

(A) Beginning March 1, 1992, any applicant for a fellowship under this subpart who has been notified in writing by the Secretary that such applicant has been selected to receive such a fellowship and is subsequently notified that the fellowship award has been withdrawn, shall receive such fellowship unless the Secretary subsequently makes a determination that such applicant submitted fraudulent information on the application.
(B) Subject to the availability of appropriations, amounts payable to an institution by the Secretary pursuant to this subsection shall not be reduced for any purpose other than the purposes specified under paragraph (1).

20 USC 1134c - Fellowship conditions

(a) Requirements for receipt 
An individual awarded a fellowship under the provisions of this subpart shall continue to receive payments provided in section 1134b of this title only during such periods as the Secretary finds that such individual is maintaining satisfactory proficiency in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded, in an institution of higher education, and is not engaging in gainful employment other than part-time employment by such institution in teaching, research, or similar activities, approved by the Secretary.
(b) Reports from recipients 
The Secretary is authorized to require reports containing such information in such form and filed at such times as the Secretary determines necessary from any person awarded a fellowship under the provisions of this subpart. The reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, library, archive, or other research center approved by the Secretary, stating that such individual is making satisfactory progress in, and is devoting essentially full time to the program for which the fellowship was awarded.

20 USC 1134d - Authorization of appropriations

There are authorized to be appropriated $30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subpart.

subpart 2 - graduate assistance in areas of national need

20 USC 1135 - Grants to academic departments and programs of institutions

(a) Grant authority 

(1) In general 
The Secretary shall make grants to academic departments, programs and other academic units of institutions of higher education that provide courses of study leading to a graduate degree in order to enable such institutions to provide assistance to graduate students in accordance with this subpart.
(2) Additional grants 
The Secretary may also make grants to such departments, programs and other academic units of institutions of higher education granting graduate degrees which submit joint proposals involving nondegree granting institutions which have formal arrangements for the support of doctoral dissertation research with degree-granting institutions. Nondegree granting institutions eligible for awards as part of such joint proposals include any organization which
(A) is described in section 501 (c)(3) of title 26, and is exempt from tax under section 501(a) of such title;
(B) is organized and operated substantially to conduct scientific and cultural research and graduate training programs;
(C) is not a private foundation;
(D) has academic personnel for instruction and counseling who meet the standards of the institution of higher education in which the students are enrolled; and
(E) has necessary research resources not otherwise readily available in such institutions to such students.
(b) Award and duration of grants 

(1) Awards 
The principal criterion for the award of grants shall be the relative quality of the graduate programs presented in competing applications. Consistent with an allocation of awards based on quality of competing applications, the Secretary shall, in awarding such grants, promote an equitable geographic distribution among eligible public and private institutions of higher education.
(2) Duration and amount 

(A) Duration 
The Secretary shall award a grant under this subpart for a period of 3 years.
(B) Amount 
The Secretary shall award a grant to an academic department, program or unit of an institution of higher education under this subpart for a fiscal year in an amount that is not less than $100,000 and not greater than $750,000.
(3) Reallotment 
Whenever the Secretary determines that an academic department, program or unit of an institution of higher education is unable to use all of the amounts available to the department, program or unit under this subpart, the Secretary shall, on such dates during each fiscal year as the Secretary may fix, reallot the amounts not needed to academic departments, programs and units of institutions which can use the grants authorized by this subpart.
(c) Preference to continuing grant recipients 

(1) In general 
The Secretary shall make new grant awards under this subpart only to the extent that each previous grant recipient under this subpart has received continued funding in accordance with subsection (b)(2)(A) of this section.
(2) Ratable reduction 
To the extent that appropriations under this subpart are insufficient to comply with paragraph (1), available funds shall be distributed by ratably reducing the amounts required to be awarded under subsection (b)(2)(A) of this section.

20 USC 1135a - Institutional eligibility

(a) Eligibility criteria 
Any academic department, program or unit of an institution of higher education that offers a program of postbaccalaureate study leading to a graduate degree in an area of national need (as designated under subsection (b) of this section) may apply for a grant under this subpart. No department, program or unit shall be eligible for a grant unless the program of postbaccalaureate study has been in existence for at least 4 years at the time of application for assistance under this subpart.
(b) Designation of areas of national need 
After consultation with appropriate Federal and nonprofit">nonprofit agencies and organizations, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into account the extent to which the interest in the area is compelling, the extent to which other Federal programs support postbaccalaureate study in the area concerned, and an assessment of how the program could achieve the most significant impact with available resources.

20 USC 1135b - Criteria for applications

(a) Selection of applications 
The Secretary shall make grants to academic departments, programs and units of institutions of higher education on the basis of applications submitted in accordance with subsection (b) of this section. Applications shall be ranked on program quality by review panels of nationally recognized scholars and evaluated on the quality and effectiveness of the academic program and the achievement and promise of the students to be served. To the extent possible (consistent with other provisions of this section), the Secretary shall make awards that are consistent with recommendations of the review panels.
(b) Contents of applications 
An academic department, program or unit of an institution of higher education, in the department, program or units application for a grant, shall
(1) describe the current academic program of the applicant for which the grant is sought;
(2) provide assurances that the applicant will provide, from other non-Federal sources, for the purposes of the fellowship program under this subpart an amount equal to at least 25 percent of the amount of the grant received under this subpart, which contribution may be in cash or in kind, fairly valued;
(3) set forth policies and procedures to assure that, in making fellowship awards under this subpart, the institution will seek talented students from traditionally underrepresented backgrounds, as determined by the Secretary;
(4) describe the number, types, and amounts of the fellowships that the applicant intends to offer with grant funds provided under this part;
(5) set forth policies and procedures to assure that, in making fellowship awards under this subpart, the institution will make awards to individuals who
(A) have financial need, as determined under part E of subchapter IV of this chapter;
(B) have excellent academic records in their previous programs of study; and
(C) plan to pursue the highest possible degree available in their course of study;
(6) set forth policies and procedures to ensure that Federal funds made available under this subpart for any fiscal year will be used to supplement and, to the extent practical, increase the funds that would otherwise be made available for the purpose of this subpart and in no case to supplant those funds;
(7) provide assurances that, in the event that funds made available to the academic department, program or unit under this subpart are insufficient to provide the assistance due a student under the commitment entered into between the academic department, program or unit and the student, the academic department, program or unit will, from any funds available to the department, program or unit, fulfill the commitment to the student;
(8) provide that the applicant will comply with the limitations set forth in section 1135d of this title;
(9) provide assurances that the academic department will provide at least 1 year of supervised training in instruction for students; and
(10) include such other information as the Secretary may prescribe.

20 USC 1135c - Awards to graduate students

(a) Commitments to graduate students 

(1) In general 
An academic department, program or unit of an institution of higher education shall make commitments to graduate students who are eligible students under section 1091 of this title (including students pursuing a doctoral degree after having completed a masters degree program at an institution of higher education) at any point in their graduate study to provide stipends for the length of time necessary for a student to complete the course of graduate study, but in no case longer than 5 years.
(2) Special rule 
No such commitments shall be made to students under this subpart unless the academic department, program or unit has determined adequate funds are available to fulfill the commitment from funds received or anticipated under this subpart, or from institutional funds.
(b) Amount of stipends 
The Secretary shall make payments to institutions of higher education for the purpose of paying stipends to individuals who are awarded fellowships under this subpart. The stipends the Secretary establishes shall reflect the purpose of the program under this subpart to encourage highly talented students to undertake graduate study as described in this subpart. In the case of an individual who receives such individuals first stipend under this subpart in academic year 19992000 or any succeeding academic year, such stipend shall be set at a level of support equal to that provided by the National Science Foundation graduate fellowships, except such amount shall be adjusted as necessary so as not to exceed the fellows demonstrated level of need as determined under part E of subchapter IV of this chapter.
(c) Treatment of institutional payments 
An institution of higher education that makes institutional payments for tuition and fees on behalf of individuals supported by fellowships under this subpart in amounts that exceed the institutional payments made by the Secretary pursuant to section 1135d (a)1 of this title may count such excess toward the amounts the institution is required to provide pursuant to section 1135b (b)(2)1 of this title.
(d) Academic progress required 
Notwithstanding the provisions of subsection (a) of this section, no student shall receive an award
(1) except during periods in which such student is maintaining satisfactory progress in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded; or
(2) if the student is engaging in gainful employment other than part-time employment involved in teaching, research, or similar activities determined by the institution to be in support of the students progress towards a degree.
[1] See References in Text note below.

20 USC 1135d - Additional assistance for cost of education

(a) Institutional payments 

(1) In general 
The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in paragraph (2), such allowance shall be, for 19992000 and succeeding academic years, the same amount as the institutional payment made for 19981999 adjusted annually thereafter in accordance with inflation as determined by the Department of Labors Consumer Price Index for the previous calendar year.
(2) Reduction 
The institutional allowance paid under paragraph (1) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipients instructional program.
(b) Use for overhead prohibited 
Funds made available pursuant to this subpart may not be used for the general operational overhead of the academic department or program.

20 USC 1135e - Authorization of appropriations

There are authorized to be appropriated $35,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subpart.

subpart 3 - thurgood marshall legal educational opportunity program

20 USC 1136 - Legal educational opportunity program

(a) Program authority 
The Secretary shall carry out a program to be known as the Thurgood Marshall Legal Educational Opportunity Program designed to provide low-income, minority, or disadvantaged college students with the information, preparation, and financial assistance to gain access to and complete law school study.
(b) Eligibility 
A college student is eligible for assistance under this section if the student is
(1) from a low-income family;
(2) a minority; or
(3) from an economically or otherwise disadvantaged background.
(c) Contract or grant authorized 
The Secretary is authorized to enter into a contract with, or make a grant to, the Council on Legal Education Opportunity, for a period of not less than 5 years
(1) to identify college students who are from low-income families, are minorities, or are from disadvantaged backgrounds described in subsection (b)(3) of this section;
(2) to prepare such students for study at accredited law schools;
(3) to assist such students to select the appropriate law school, make application for entry into law school, and receive financial assistance for such study;
(4) to provide support services to such students who are first-year law students to improve retention and success in law school studies; and
(5) to motivate and prepare such students with respect to law school studies and practice in low-income communities.
(d) Services provided 
In carrying out the purposes described in subsection (c) of this section, the contract or grant shall provide for the delivery of services through prelaw information resource centers, summer institutes, midyear seminars, and other educational activities, conducted under this section. Such services may include
(1) information and counseling regarding
(A) accredited law school academic programs, especially tuition, fees, and admission requirements;
(B) course work offered and required for graduation;
(C) faculty specialties and areas of legal emphasis; and
(D) undergraduate preparatory courses and curriculum selection;
(2) tutoring and academic counseling, including assistance in preparing for bar examinations;
(3) prelaw mentoring programs, involving law school faculty, members of State and local bar associations, and retired and sitting judges, justices, and magistrates;
(4) assistance in identifying preparatory courses and material for the law school aptitude or admissions tests;
(5) summer institutes for Thurgood Marshall Fellows that expose the Fellows to a rigorous curriculum that emphasizes abstract thinking, legal analysis, research, writing, and examination techniques; and
(6) midyear seminars and other educational activities that are designed to reinforce reading, writing, and studying skills of Thurgood Marshall Fellows.
(e) Duration of provision of services 
The services described in subsection (d) of this section may be provided
(1) prior to the period of law school study;
(2) during the period of law school study; and
(3) during the period following law school study and prior to taking a bar examination.
(f) Subcontracts and subgrants 
For the purposes of planning, developing, or delivering one or more of the services described in subsection (d) of this section, the Council on Legal Education Opportunity shall enter into subcontracts with, and make subgrants to, institutions of higher education, law schools, public and private agencies and organizations, and combinations of such institutions, schools, agencies, and organizations.
(g) Stipends 
The Secretary shall annually establish the maximum stipend to be paid (including allowances for participant travel and for the travel of the dependents of the participant) to Thurgood Marshall Fellows for the period of participation in summer institutes and midyear seminars. A Fellow may be eligible for such a stipend only if the Thurgood Marshall Fellow maintains satisfactory academic progress toward the Juris Doctor or Bachelor of Laws degree, as determined by the respective institutions.
(h) Authorization of appropriations 
There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal years.

subpart 4 - general provisions

20 USC 1137 - Administrative provisions for subparts 1, 2, and 3

(a) Coordinated administration 
In carrying out the purpose described in section 1133 (1) of this title, the Secretary shall provide for coordinated administration and regulation of graduate programs assisted under subparts 1, 2, and 3 of this part with other Federal programs providing assistance for graduate education in order to minimize duplication and improve efficiency to ensure that the programs are carried out in a manner most compatible with academic practices and with the standard timetables for applications for, and notifications of acceptance to, graduate programs.
(b) Hiring authority 
For purposes of carrying out subparts 1, 2, and 3 of this part, the Secretary shall appoint, without regard to the provisions of title 5 that govern appointments in the competitive service, such administrative and technical employees, with the appropriate educational background, as shall be needed to assist in the administration of such parts[1]. The employees shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(c) Use for religious purposes prohibited 
No institutional payment or allowance under section 1134b (b) or 1135d (a) of this title shall be paid to a school or department of divinity as a result of the award of a fellowship under subpart 1 or 2 of this part, respectively, to an individual who is studying for a religious vocation.
(d) Evaluation 
The Secretary shall evaluate the success of assistance provided to individuals under subpart 1, 2, or 3 of this part with respect to graduating from their degree programs, and placement in faculty and professional positions.
(e) Continuation awards 
The Secretary, using funds appropriated to carry out subparts 1 and 2 of this part, and before awarding any assistance under such parts[1] to a recipient that did not receive assistance under part C or D of title IX (as such parts were in effect prior to October 7, 1998) shall continue to provide funding to recipients of assistance under such part C or D (as so in effect), as the case may be, pursuant to any multiyear award of such assistance.
[1] So in original. Probably should be “subparts”.

Part B - Fund for the Improvement of Postsecondary Education

20 USC 1138 - Fund for the Improvement of Postsecondary Education

(a) Authority 
The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education, combinations of such institutions, and other public and private nonprofit">nonprofit institutions and agencies, to enable such institutions, combinations, and agencies to improve postsecondary education opportunities by
(1) encouraging the reform, innovation, and improvement of postsecondary education, and providing equal educational opportunity for all;
(2) the creation of institutions, programs, and joint efforts involving paths to career and professional training, and combinations of academic and experiential learning;
(3) the establishment of institutions and programs based on the technology of communications;
(4) the carrying out, in postsecondary educational institutions, of changes in internal structure and operations designed to clarify institutional priorities and purposes;
(5) the design and introduction of cost-effective methods of instruction and operation;
(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering institutions and pursuing programs of study tailored to individual needs;
(7) the introduction of reforms in graduate education, in the structure of academic professions, and in the recruitment and retention of faculties; and
(8) the creation of new institutions and programs for examining and awarding credentials to individuals, and the introduction of reforms in current institutional practices related thereto.
(b) Planning grants 
The Secretary is authorized to make planning grants to institutions of higher education for the development and testing of innovative techniques in postsecondary education. Such grants shall not exceed $20,000.

20 USC 1138a - National Board of the Fund for the Improvement of Postsecondary Education

(a) Establishment 
There is established a National Board of the Fund for the Improvement of Postsecondary Education (in this part referred to as the Board). The Board shall consist of 15 members appointed by the Secretary for overlapping 3-year terms. A majority of the Board shall constitute a quorum. Any member of the Board who has served for 6 consecutive years shall thereafter be ineligible for appointment to the Board during a 2-year period following the expiration of such sixth year.
(b) Membership 

(1) In general 
The Secretary shall designate one of the members of the Board as Chairperson of the Board. A majority of the members of the Board shall be public interest representatives, including students, and a minority shall be educational representatives. All members selected shall be individuals able to contribute an important perspective on priorities for improvement in postsecondary education and strategies of educational and institutional change.
(2) Appointment of Director 
The Secretary shall appoint the Director of the Fund for the Improvement of Postsecondary Education (hereafter in this part referred to as the Director).
(c) Duties 
The Board shall
(1) advise the Secretary and the Director on priorities for the improvement of postsecondary education and make such recommendations as the Board may deem appropriate for the improvement of postsecondary education and for the evaluation, dissemination, and adaptation of demonstrated improvements in postsecondary educational practice;
(2) advise the Secretary and the Director on the operation of the Fund for the Improvement of Postsecondary Education, including advice on planning documents, guidelines, and procedures for grant competitions prepared by the Fund; and
(3) meet at the call of the Chairperson, except that the Board shall meet whenever one-third or more of the members request in writing that a meeting be held.
(d) Information and assistance 
The Director shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions.

20 USC 1138b - Administrative provisions

(a) Technical employees 
The Secretary may appoint, for terms not to exceed 3 years, without regard to the provisions of title 5 governing appointments in the competitive service, not more than 7 technical employees to administer this part who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(b) Procedures 
The Director shall establish procedures for reviewing and evaluating grants and contracts made or entered into under this part. Procedures for reviewing grant applications or contracts for financial assistance under this section may not be subject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education.

20 USC 1138c - Special projects

(a) Grant authority 
The Director is authorized to make grants to institutions of higher education, or consortia thereof, and such other public agencies and nonprofit">nonprofit organizations as the Director deems necessary for innovative projects concerning one or more areas of particular national need identified by the Director.
(b) Application 
No grant shall be made under this part unless an application is made at such time, in such manner, and contains or is accompanied by such information as the Secretary may require.
(c) Areas of national need 
Areas of national need shall initially include, but shall not be limited to, the following:
(1) Institutional restructuring to improve learning and promote productivity, efficiency, quality improvement, and cost and price control.
(2) Articulation between 2- and 4-year institutions of higher education, including developing innovative methods for ensuring the successful transfer of students from 2- to 4-year institutions of higher education.
(3) Evaluation and dissemination of model programs.
(4) International cooperation and student exchange among postsecondary educational institutions.

20 USC 1138d - Authorization of appropriations

There are authorized to be appropriated to carry out this part $30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Part C - Urban Community Service

20 USC 1139 - Findings

The Congress finds that
(1) the Nations urban centers are facing increasingly pressing problems and needs in the areas of economic development, community infrastructure and service, social policy, public health, housing, crime, education, environmental concerns, planning and work force preparation;
(2) there are, in the Nations urban institutions, people with underutilized skills, knowledge, and experience who are capable of providing a vast range of services toward the amelioration of the problems described in paragraph (1);
(3) the skills, knowledge and experience in these urban institutions, if applied in a systematic and sustained manner, can make a significant contribution to the solution of such problems; and
(4) the application of such skills, knowledge and experience is hindered by the limited funds available to redirect attention to solutions to such urban problems.

20 USC 1139a - Purpose; program authorized

(a) Purpose 
It is the purpose of this part to provide incentives to urban academic institutions to enable such institutions to work with private and civic organizations to devise and implement solutions to pressing and severe problems in their communities.
(b) Program authorized 
The Secretary is authorized to carry out a program of providing assistance to eligible institutions to enable such institutions to carry out the activities described in section 1139c of this title in accordance with the provisions of this part.

20 USC 1139b - Application for urban community service grants

(a) Application 

(1) In general 
An eligible institution seeking assistance under this part shall submit to the Secretary an application at such time, in such form, and containing or accompanied by such information and assurances as the Secretary may require by regulation.
(2) Contents 
Each application submitted pursuant to paragraph (1) shall
(A) describe the activities and services for which assistance is sought; and
(B) include a plan that is agreed to by the members of a consortium that includes, in addition to the eligible institution, one or more of the following entities:
(i) A community college.
(ii) An urban school system.
(iii) A local government.
(iv) A business or other employer.
(v) A nonprofit">nonprofit institution.
(3) Waiver 
The Secretary may waive the consortium requirements described in paragraph (2) for any applicant who can demonstrate to the satisfaction of the Secretary that the applicant has devised an integrated and coordinated plan which meets the purpose of this part.
(b) Priority in selection of applications 
The Secretary shall give priority to applications that propose to conduct joint projects supported by other local, State, and Federal programs. In addition, the Secretary shall give priority to eligible institutions submitting applications that demonstrate the eligible institutions commitment to urban community service.
(c) Selection procedures 
The Secretary shall, by regulation, develop a formal procedure for the submission of applications under this part and shall publish in the Federal Register an announcement of that procedure and the availability of funds under this part.

20 USC 1139c - Allowable activities

Funds made available under this part shall be used to support planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to assist urban communities to meet and address their pressing and severe problems, such as the following:
(1) Work force preparation.
(2) Urban poverty and the alleviation of such poverty.
(3) Health care, including delivery and access.
(4) Underperforming school systems and students.
(5) Problems faced by the elderly and individuals with disabilities in urban settings.
(6) Problems faced by families and children.
(7) Campus and community crime prevention, including enhanced security and safety awareness measures as well as coordinated programs addressing the root causes of crime.
(8) Urban housing.
(9) Urban infrastructure.
(10) Economic development.
(11) Urban environmental concerns.
(12) Other problem areas which participants in the consortium described in section 1139b (a)(2)(B) of this title concur are of high priority in the urban area.
(13) 
(A) Problems faced by individuals with disabilities regarding accessibility to institutions of higher education and other public and private community facilities.
(B) Amelioration of existing attitudinal barriers that prevent full inclusion by individuals with disabilities in their community.
(14) Improving access to technology in local communities.

20 USC 1139d - Peer review

The Secretary shall designate a peer review panel to review applications submitted under this part and make recommendations for funding to the Secretary. In selecting the peer review panel, the Secretary may consult with other appropriate Cabinet-level officials and with non-Federal organizations, to ensure that the panel will be geographically balanced and be composed of representatives from public and private institutions of higher education, labor, business, and State and local government, who have expertise in urban community service or in education.

20 USC 1139e - Disbursement of funds

(a) Multiyear availability 
Subject to the availability of appropriations, grants under this part may be made on a multiyear basis, except that no institution, individually or as a participant in a consortium of such institutions, may receive such a grant for more than 5 years.
(b) Equitable geographic distribution 
The Secretary shall award grants under this part in a manner that achieves an equitable geographic distribution of such grants.
(c) Matching requirement 
An applicant under this part and the local governments associated with the application shall contribute to the conduct of the program supported by the grant an amount from non-Federal funds equal to at least one-fourth of the amount of the grant, which contribution may be in cash or in kind.

20 USC 1139f - Designation of Urban Grant Institutions

The Secretary shall publish a list of eligible institutions under this part and shall designate these institutions of higher education as Urban Grant Institutions. The Secretary shall establish a national network of Urban Grant Institutions so that the results of individual projects achieved in one metropolitan area can then be generalized, disseminated, replicated, and applied throughout the Nation. The information developed as a result of this section shall be made available to Urban Grant Institutions and to any other interested institution of higher education by any appropriate means.

20 USC 1139g - Definitions

As used in this part:
(1) Urban area 
The term urban area means a metropolitan statistical area having a population of not less than 350,000, or two contiguous metropolitan statistical areas having a population of not less than 350,000, or, in any State which does not have a metropolitan statistical area which has such a population, the eligible entity in the State submitting an application under section 1139b of this title, or, if no such entity submits an application, the Secretary, shall designate one urban area for the purposes of this part.
(2) Eligible institution 
The term eligible institution means
(A) a nonprofit">nonprofit municipal university, established by the governing body of the city in which it is located, and operating as of July 23, 1992, under that authority; or
(B) an institution of higher education, or a consortium of such institutions any one of which meets all of the requirements of this paragraph, which
(i) is located in an urban area;
(ii) draws a substantial portion of its undergraduate students from the urban area in which such institution is located, or from contiguous areas;
(iii) carries out programs to make postsecondary educational opportunities more accessible to residents of such urban area, or contiguous areas;
(iv) has the present capacity to provide resources responsive to the needs and priorities of such urban area and contiguous areas;
(v) offers a range of professional, technical, or graduate programs sufficient to sustain the capacity of such institution to provide such resources; and
(vi) has demonstrated and sustained a sense of responsibility to such urban area and contiguous areas and the people of such areas.

20 USC 1139h - Authorization of appropriations

There are authorized to be appropriated $20,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this part.

Part D - Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education

20 USC 1140 - Purposes

It is the purpose of this part to support model demonstration projects to provide technical assistance or professional development for faculty and administrators in institutions of higher education in order to provide students with disabilities a quality postsecondary education.

20 USC 1140a - Grants authorized

(a) Competitive grants authorized 
The Secretary may award grants, contracts, and cooperative agreements, on a competitive basis, to institutions of higher education, of which at least two such grants shall be awarded to institutions that provide professional development and technical assistance in order for students with learning disabilities to receive a quality postsecondary education.
(b) Duration; activities 

(1) Duration 
Grants under this part shall be awarded for a period of 3 years.
(2) Authorized activities 
Grants under this part shall be used to carry out one or more of the following activities:
(A) Teaching methods and strategies 
The development of innovative, effective, and efficient teaching methods and strategies to provide faculty and administrators with the skills and supports necessary to teach students with disabilities. Such methods and strategies may include inservice training, professional development, customized and general technical assistance, workshops, summer institutes, distance learning, and training in the use of assistive and educational technology.
(B) Synthesizing research and information 
Synthesizing research and other information related to the provision of postsecondary educational services to students with disabilities.
(C) Professional development and training sessions 
Conducting professional development and training sessions for faculty and administrators from other institutions of higher education to enable the faculty and administrators to meet the postsecondary educational needs of students with disabilities.
(3) Mandatory evaluation and dissemination 
Grants under this part shall be used for evaluation, and dissemination to other institutions of higher education, of the information obtained through the activities described in subparagraphs (A) through (C).[1]
(c) Considerations in making awards 
In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall consider the following:
(1) Geographic distribution 
Providing an equitable geographic distribution of such grants.
(2) Rural and urban areas 
Distributing such grants to urban and rural areas.
(3) Range and type of institution 
Ensuring that the activities to be assisted are developed for a range of types and sizes of institutions of higher education.
(4) Prior experience or exceptional programs 
Institutions of higher education with demonstrated prior experience in, or exceptional programs for, meeting the postsecondary educational needs of students with disabilities.
[1] So in original. Probably should refer to subparagraphs (A) through (C) of paragraph (2).

20 USC 1140b - Applications

Each institution of higher education desiring to receive a grant, contract, or cooperative agreement under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include
(1) a description of how such institution plans to address each of the activities required under this part;
(2) a description of how the institution consulted with a broad range of people within the institution to develop activities for which assistance is sought; and
(3) a description of how the institution will coordinate and collaborate with the office that provides services to students with disabilities within the institution.

20 USC 1140c - Rule of construction

Nothing in this part shall be construed to impose any additional duty, obligation, or responsibility on an institution of higher education or on the institutions faculty, administrators, or staff than are required by section 794 of title 29 and the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].

20 USC 1140d - Authorization of appropriations

There are authorized to be appropriated for this part $10,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Part E - College Access Challenge Grant Program

20 USC 1141 - College access challenge grant program

(a) Authorization and appropriation 
There are authorized to be appropriated, and there are appropriated, to carry out this section $66,000,000 for each of the fiscal years 2008 and 2009. The authority to award grants under this section shall expire at the end of fiscal year 2009.
(b) Program authorized 

(1) Grants authorized 
From amounts appropriated under subsection (a), the Secretary shall award grants, from allotments under subsection (c), to States (and to philanthropic organization,[1] as appropriate under paragraph (3)) having applications approved under subsection (d), to enable the State (or philanthropic organization) to pay the Federal share of the costs of carrying out the activities and services described in subsection (f).
(2) Federal share; non-Federal share 

(A) Federal share 
The amount of the Federal share under this section for a fiscal year shall be equal to 2/3 of the costs of the activities and services described in subsection (f) that are carried out under the grant.
(B) Non-Federal share 
The amount of the non-Federal share under this section shall be equal to 1/3 of the costs of the activities and services described in subsection (f). The non-Federal share may be in cash or in-kind, and may be provided from State resources, contributions from private organizations, or both.
(3) Reduction for failure to pay non-Federal share 
If a State fails to provide the full non-Federal share required under this subsection, the Secretary shall reduce the amount of the grant payment under this section proportionately, and may award the proportionate reduction amount of the grant directly to a philanthropic organization, as defined in subsection (i), to carry out this section.
(4) Temporary ineligibility for subsequent payments 

(A) In general 
The Secretary shall determine a grantee to be temporarily ineligible to receive a grant payment under this section for a fiscal year if
(i) the grantee fails to submit an annual report pursuant to subsection (h) for the preceding fiscal year; or
(ii) the Secretary determines, based on information in such annual report, that the grantee is not effectively meeting the conditions described under subsection (g) and the goals of the application under subsection (d).
(B) Reinstatement 
If the Secretary determines that a grantee is ineligible under subparagraph (A), the Secretary may enter into an agreement with the grantee setting forth the terms and conditions under which the grantee may regain eligibility to receive payments under this section.
(c) Determination of allotment 

(1) Amount of allotment 
Subject to paragraph (2), in making grant payments to grantees under this section, the allotment to each grantee for a fiscal year shall be equal to the sum of
(A) the amount that bears the same relation to 50 percent of the amount appropriated under subsection (a) for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line applicable to the residents family size (as determined under section 9902 (2) of title 42) bears to the total number of such residents in all States; and
(B) the amount that bears the same relation to 50 percent of the amount appropriated under subsection (a) for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line applicable to the individuals family size (as determined under section 9902 (2) of title 42) bears to the total number of such residents in all States.
(2) Minimum amount 
The allotment for each State under this section for a fiscal year shall not be an amount that is less than 0.5 percent of the total amount appropriated under subsection (a) for such fiscal year.
(d) Submission and contents of application 

(1) In general 
For each fiscal year for which a grantee desires a grant payment under subsection (b), the State agency with jurisdiction over higher education, or another agency designated by the Governor or chief executive of the State to administer the program under this section, or a philanthropic organization, in accordance with subsection (b)(3), shall submit an application to the Secretary at such time, in such manner, and containing the information described in paragraph (2).
(2) Application 
An application submitted under paragraph (1) shall include the following:
(A) A description of the grantees capacity to administer the grant under this section and report annually to the Secretary on the activities and services described in subsection (f).
(B) A description of the grantees plan for using the grant funds to meet the requirements of subsections (f) and (g), including plans for how the grantee will make special efforts to
(i) provide such benefits to students in the State that are underrepresented in postsecondary education; or
(ii) in the case of a philanthropic organization that operates in more than one State, provide benefits to such students in each such State for which the philanthropic organization is receiving grant funds under this section.
(C) A description of how the grantee will provide or coordinate the provision of the non-Federal share from State resources or private contributions.
(D) A description of
(i) the structure that the grantee has in place to administer the activities and services described in subsection (f); or
(ii) the plan to develop such administrative capacity.
(e) Subgrants to nonprofit">nonprofit organizations 
A State receiving a payment under this section may elect to make a subgrant to one or more nonprofit">nonprofit organizations in the State, including an eligible not-for-profit holder (as defined in section 1085 (p) of this title), or a partnership of such organizations, to carry out activities or services described in subsection (f), if the nonprofit">nonprofit organization or partnership
(1) was in existence on the day before the date of the enactment of this Act; and
(2) as of such day, was participating in activities and services related to increasing access to higher education, such as those activities and services described in subsection (f).
(f) Allowable uses 

(1) In general 
Subject to paragraph (3), a grantee may use a grant payment under this section only for the following activities and services, pursuant to the conditions under subsection (g):
(A) Information for students and families regarding
(i) the benefits of a postsecondary education;
(ii) postsecondary education opportunities;
(iii) planning for postsecondary education; and
(iv) career preparation.
(B) Information on financing options for postsecondary education and activities that promote financial literacy and debt management among students and families.
(C) Outreach activities for students who may be at risk of not enrolling in or completing postsecondary education.
(D) Assistance in completion of the Free Application for Federal Student Aid or other common financial reporting form under section 1090 (a) of this title.
(E) Need-based grant aid for students.
(F) Professional development for guidance counselors at middle schools and secondary schools, and financial aid administrators and college admissions counselors at institutions of higher education, to improve such individuals capacity to assist students and parents with
(i) understanding
(I) entrance requirements for admission to institutions of higher education; and
(II) State eligibility requirements for Academic Competitiveness Grants or National SMART Grants under section 1070a–1 of this title, and other financial assistance that is dependent upon a students coursework;
(ii) applying to institutions of higher education;
(iii) applying for Federal student financial assistance and other State, local, and private student financial assistance and scholarships;
(iv) activities that increase students ability to successfully complete the coursework required for a postsecondary degree, including activities such as tutoring or mentoring; and
(v) activities to improve secondary school students preparedness for postsecondary entrance examinations.
(G) Student loan cancellation or repayment (as applicable), or interest rate reductions, for borrowers who are employed in a high-need geographical area or a high-need profession in the State, as determined by the State.
(2) Prohibited uses 
Funds made available under this section shall not be used to promote any lenders loans.
(3) Use of funds for administrative purposes 
A grantee may use not more than 6 percent of the total amount of the sum of the Federal share provided under this section and the non-Federal share required under this section for administrative purposes relating to the grant under this section.
(g) Special conditions 

(1) Availability to students and families 
A grantee receiving a grant payment under this section shall
(A) make the activities and services described in subparagraphs (A) through (F) of subsection (f)(1) that are funded under the payment available to all qualifying students and families in the State;
(B) allow students and families to participate in the activities and services without regard to
(i) the postsecondary institution in which the student enrolls;
(ii) the type of student loan the student receives;
(iii) the servicer of such loan; or
(iv) the students academic performance;
(C) not charge any student or parent a fee or additional charge to participate in the activities or services; and
(D) in the case of an activity providing grant aid, not require a student to meet any condition other than eligibility for Federal financial assistance under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, except as provided for in the loan cancellation or repayment or interest rate reductions described in subsection (f)(1)(G).
(2) Priority 
A grantee receiving a grant payment under this section shall, in carrying out any activity or service described in subsection (f)(1) with the grant funds, prioritize students and families who are living below the poverty line applicable to the individuals family size (as determined under section 9902 (2) of title 42).
(3) Disclosures 

(A) Organizational disclosures 
In the case of a State that has chosen to make a payment to an eligible not-for-profit holder in the State in accordance with subsection (e), the holder shall clearly and prominently indicate the name of the holder and the nature of the holders work in connection with any of the activities carried out, or any information or services provided, with such funds.
(B) Informational disclosures 
Any information about financing options for higher education provided through an activity or service funded under this section shall
(i) include information to students and the students parents of the availability of Federal, State, local, institutional, and other grants and loans for postsecondary education; and
(ii) present information on financial assistance for postsecondary education that is not provided under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 in a manner that is clearly distinct from information on student financial assistance under such title.
(4) Coordination 
A grantee receiving a grant payment under this section shall attempt to coordinate the activities carried out with the grant payment with any existing activities that are similar to such activities, and with any other entities that support the existing activities in the State.
(h) Report 
A grantee receiving a payment under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services. The report shall include
(1) each activity or service that was provided to students and families over the course of the year;
(2) the cost of providing each activity or service;
(3) the number, and percentage, if feasible and applicable, of students who received each activity or service; and
(4) the total contributions from private organizations included in the grantees non-Federal share for the fiscal year.
(i) Definitions 
In this section:
(1) Philanthropic organization 
The term philanthropic organization means a non-profit organization
(A) that does not receive funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 or under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.];
(B) that is not a local educational agency or an institution of higher education;
(C) that has a demonstrated record of dispersing grant aid to underserved populations to ensure access to, and participation in, higher education;
(D) that is affiliated with an eligible consortia (as defined in paragraph (2)) to carry out this section; and
(E) the primary purpose of which is to provide financial aid and support services to students from underrepresented populations to increase the number of such students who enter and remain in college.
(2) Eligible consortia 
The term eligible consortia means a partnership of 2 or more entities that have agreed to work together to carry out this section that
(A) includes
(i) a philanthropic organization, which serves as the manager of the consortia;
(ii) a State that demonstrates a commitment to ensuring the creation of a Statewide system to address the issues of early intervention and financial support for eligible students to enter and remain in college; and
(iii) at the discretion of the philanthropic organization described in clause (i), additional partners, including other non-profit organizations, government entities (including local municipalities, school districts, cities, and counties), institutions of higher education, and other public or private programs that provide mentoring or outreach programs; and
(B) conducts activities to assist students with entering and remaining in college, which may include
(i) providing need-based grants to students;
(ii) providing early notification to low-income students of their potential eligibility for Federal financial aid (which may include assisting students and families with filling out FAFSA forms), as well as other financial aid and other support available from the eligible consortia;
(iii) encouraging increased student participation in higher education through mentoring or outreach programs; and
(iv) conducting marketing and outreach efforts that are designed to
(I) encourage full participation of students in the activities of the consortia that carry out this section; and
(II) provide the communities impacted by the activities of the consortia with a general knowledge about the efforts of the consortia.
(3) Grantee 
The term grantee means
(A) a State awarded a grant under this section; or
(B) with respect to such a State that has failed to meet the non-Federal share requirement of subsection (b), a philanthropic organization awarded the proportionate reduction amount of such a grant under subsection (b)(3).
[1] So in original. Probably should be “organizations,”.

20 USC 1133 - Purpose

It is the purpose of this subchapter
(1) to authorize national graduate fellowship programs
(A) in order to attract students of superior ability and achievement, exceptional promise, and demonstrated financial need, into high-quality graduate programs and provide the students with the financial support necessary to complete advanced degrees; and
(B) that are designed to
(i) sustain and enhance the capacity for graduate education in areas of national need; and
(ii) encourage talented students to pursue scholarly careers in the humanities, social sciences, and the arts; and
(2) to promote postsecondary programs.