−SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1070b−2, 1087cc of this title; title 42 sections 2753, 2756a. −CITE− 20 USC Sec. 1096a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1096a. Repealed. Pub. L. 102−325, title IV, Sec. 494, July 23, 1992, 106 Stat. 631 −MISC1− Section, Pub. L. 89−329, title IV, Sec. 489A, as added Pub. L. 102−164, title VI, Sec. 606, Nov. 15, 1991, 105 Stat. 1068, related to data matching. −CITE− 20 USC Sec. 1097 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part F − General Provisions Relating to Student Assistance Programs

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−HEAD− Sec. 1097. Criminal penalties −STATUTE− (a) In general Any person who knowingly and willfully embezzles, misapplies, steals, obtains by fraud, false statement, or forgery, or fails to refund any funds, assets, or property provided or insured under this subchapter and part C of subchapter I of chapter 34 of title 42 or attempts to so embezzle, misapply, steal, obtain by fraud, false statement or forgery, or fail to refund any funds, assets, or property, shall be fined not more than $20,000 or imprisoned for not more than 5 years, or both, except if the amount so embezzled, misapplied, stolen, obtained by fraud, false statement, or forgery, or failed to be refunded does not exceed $200, then the fine shall not be more than $5,000 and imprisonment shall not exceed one year, or both. (b) Assignment of loans Any person who knowingly and willfully makes any false statement, furnishes any false information, or conceals any material information in connection with the assignment of a loan which is made or insured under this subchapter and part C of subchapter I of chapter 34 of title 42 or attempts to so make any false statement, furnish any false information, or conceal any material information in connection with such assignment shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.

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(c) Inducements to lend or assign Any person who knowingly and willfully makes an unlawful payment to an eligible lender under part B of this subchapter or attempts to make such unlawful payment as an inducement to make, or to acquire by assignment, a loan insured under such part shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both. (d) Obstruction of justice Any person who knowingly and willfully destroys or conceals any record relating to the provision of assistance under this subchapter and part C of subchapter I of chapter 34 of title 42 or attempts to so destroy or conceal with intent to defraud the United States or to prevent the United States from enforcing any right obtained by subrogation under this part, shall upon conviction thereof, be fined not more than $20,000 or imprisoned not more than 5 years, or both. −SOURCE− (Pub. L. 89−329, title IV, Sec. 490, as added Pub. L. 99−498, title IV, Sec. 407(a), Oct. 17, 1986, 100 Stat. 1491; amended Pub. L. 102−325, title IV, Sec. 495, July 23, 1992, 106 Stat. 631.) −MISC1− PRIOR PROVISIONS A prior section 1097, Pub. L. 89−329, title IV, Sec. 490, as added Pub. L. 96−374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat. 1453, related to criminal penalties, prior to the general revision of this part by Pub. L. 99−498.

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AMENDMENTS 1992 − Pub. L. 102−325 amended section generally, inserting provisions relating to attempted offenses, wherever appearing, and in subsec. (a) inserting provisions relating to failure to refund and substituting provisions relating to $20,000 and $5,000 fines for provisions relating to $10,000 and $1,000 fines, respectively, in subsec. (b) substituting provisions relating to $10,000 fines for provisions relating to $1,000 fines, in subsec. (c) substituting provisions relating to $10,000 fines for provisions relating $1,000 fines, and in subsec. (d) substituting provisions relating to $20,000 fines for provisions relating to $10,000 fines. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1072 of this title. −CITE− 20 USC Sec. 1097a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1097a. Administrative subpoenas −STATUTE− (a) Authority To assist the Secretary in the conduct of investigations of

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possible violations of the provisions of this subchapter and part C of subchapter I of chapter 34 of title 42, the Secretary is authorized to require by subpoena the production of information, documents, reports, answers, records, accounts, papers, and other documentary evidence pertaining to participation in any program under this subchapter and part C of subchapter I of chapter 34 of title 42. The production of any such records may be required from any place in a State. (b) Enforcement In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States where such person resides or transacts business for a court order for the enforcement of this section. −SOURCE− (Pub. L. 89−329, title IV, Sec. 490A, as added Pub. L. 105−244, title IV, Sec. 490B, Oct. 7, 1998, 112 Stat. 1754.) −MISC1− EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105−244, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. −CITE− 20 USC Sec. 1098 01/06/03 −EXPCITE−

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TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1098. Advisory Committee on Student Financial Assistance −STATUTE− (a) Establishment and purpose (1) There is established in the Department an independent Advisory Committee on Student Financial Assistance (hereafter in this section referred to as the ''Advisory Committee'') which shall provide advice and counsel to the Congress and to the Secretary on student financial aid matters. (2) The purpose of the Advisory Committee is − (A) to provide extensive knowledge and understanding of the Federal, State, and institutional programs of postsecondary student assistance; (B) to provide technical expertise with regard to systems of needs analysis and application forms; and (C) to make recommendations that will result in the maintenance of access to postsecondary education for low− and middle−income students. (b) Independence of Advisory Committee In the exercise of its functions, powers, and duties, the Advisory Committee shall be independent of the Secretary and the other offices and officers of the Department. Notwithstanding

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Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations, expenditures and staffing levels, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee's administration and management shall be subject to the usual and customary Federal audit procedures. Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary. The recommendations of the Committee shall not be subject to review or approval by any officer in the executive branch, but may be submitted to the Secretary for comment prior to submission to the Congress in accordance with subsection (f) of this section. The Secretary's authority to terminate advisory committees of the Department pursuant to section 1233g(b) (FOOTNOTE 1) of this title ceased to be effective on June 23, 1983. (FOOTNOTE 1) See References in Text note below. (c) Membership (1) The Advisory Committee shall have 11 members of which − (A) 3 members shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, (B) 3 members shall be appointed by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader, and (C) 5 members shall be appointed by the Secretary including,

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but not limited to representatives of States, institutions of higher education, secondary schools, credit institutions, students, and parents. (2) Not less than 7 members of the Advisory Committee shall be individuals who have been appointed on the basis of technical qualifications, professional standing and demonstrated knowledge in the fields of higher education and student aid administration, need analysis, financing postsecondary education, student aid delivery, and the operations and financing of student loan guarantee agencies. (d) Functions of the Committee The Advisory Committee shall − (1) develop, review, and comment annually upon the system of needs analysis established under part E of this subchapter; (2) monitor, apprise, and evaluate the effectiveness of student aid delivery and recommend improvements; (3) recommend data collection needs and student information requirements which would improve access and choice for eligible students under this subchapter and part C of subchapter I of chapter 34 of title 42 and assist the Department of Education in improving the delivery of student aid; (4) assess the impact of legislative and administrative policy proposals; (5) review and comment upon, prior to promulgation, all regulations affecting programs under this subchapter and part C of subchapter I of chapter 34 of title 42, including proposed

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regulations; (6) recommend to the Congress and to the Secretary such studies, surveys, and analyses of student financial assistance programs, policies, and practices, including the special needs of low−income, disadvantaged, and nontraditional students, and the means by which the needs may be met, but nothing in this section shall authorize the committee to perform such studies, surveys, or analyses; (7) review and comment upon standards by which financial need is measured in determining eligibility for Federal student assistance programs; (8) appraise the adequacies and deficiencies of current student financial aid information resources and services and evaluate the effectiveness of current student aid information programs; and (9) make special efforts to advise Members of Congress and such Members' staff of the findings and recommendations made pursuant to this paragraph. (e) Operations of the Committee (1) Each member of the Advisory Committee shall be appointed for a term of 3 years, except that, of the members first appointed − (A) 4 shall be appointed for a term of 1 year; (B) 4 shall be appointed for a term of 2 years; and (C) 3 shall be appointed for a term of 3 years, as designated at the time of appointment by the Secretary. (2) Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for

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the remainder of such term. A member of the Advisory Committee shall, upon request, continue to serve after the expiration of a term until a successor has been appointed. A member of the Advisory Committee may be reappointed to successive terms on the Advisory Committee. (3) No officers or full−time employees of the Federal Government shall serve as members of the Advisory Committee. (4) The Advisory Committee shall elect a Chairman and a Vice Chairman from among its members. (5) Six members of the Advisory Committee shall constitute a quorum. (6) The Advisory Committee shall meet at the call of the Chairman or a majority of its members. (f) Submission to Department for comment The Advisory Committee may submit its proposed recommendations to the Department of Education for comment for a period not to exceed 30 days in each instance. (g) Compensation and expenses Members of the Advisory Committee may each receive reimbursement for travel expenses incident to attending Advisory Committee meetings, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for persons in the Government service employed intermittently. (h) Personnel and resources (1) The Advisory Committee may appoint such personnel as may be determined necessary by the Chairman without regard to the

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provisions of title 5 governing appointments in the competitive service, and 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, but no individual so appointed shall be paid in excess of the rate authorized for GS−18 of the General Schedule. The Advisory Committee may appoint not more than 1 full−time equivalent, nonpermanent, consultant without regard to the provisions of title 5. The Advisory Committee shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals. (2) In carrying out its duties under this chapter, the Advisory Committee shall consult with other Federal agencies, representatives of State and local governments, and private organizations to the extent feasible. (3)(A) The Advisory Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this section and each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Advisory Committee, upon request made by the Chairman. (B) The Advisory Committee may enter into contracts for the acquisition of information, suggestions, estimates, and statistics

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for the purpose of this section. (4) The Advisory Committee is authorized to obtain the services of experts and consultants without regard to section 3109 of title 5 and to set pay in accordance with such section. (5) The head of each Federal agency shall, to the extent not prohibited by law, cooperate with the Advisory Committee in carrying out this section. (6) The Advisory Committee is authorized to utilize, with their consent, the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reimbursement. (i) Availability of funds In each fiscal year not less than $800,000, shall be available from the amount appropriated for each such fiscal year from salaries and expenses of the Department for the costs of carrying out the provisions of this section. (j) Special analyses and activities The Advisory Committee shall − (1) monitor and evaluate the modernization of student financial aid systems and delivery processes, including the implementation of a performance−based organization within the Department, and report to Congress regarding such modernization on not less than an annual basis, including recommendations for improvement; (2) assess the adequacy of current methods for disseminating information about programs under this subchapter and part C of subchapter I of chapter 34 of title 42 and recommend

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improvements, as appropriate, regarding early needs assessment and information for first−year secondary school students; (3) assess and make recommendations concerning the feasibility and degree of use of appropriate technology in the application for, and delivery and management of, financial assistance under this subchapter and part C of subchapter I of chapter 34 of title 42, as well as policies that promote use of such technology to reduce cost and enhance service and program integrity, including electronic application and reapplication, just−in−time delivery of funds, reporting of disbursements and reconciliation; (4) assess the implications of distance education on student eligibility and other requirements for financial assistance under this subchapter and part C of subchapter I of chapter 34 of title 42, and make recommendations that will enhance access to postsecondary education through distance education while maintaining access, through on−campus instruction at eligible institutions, and program integrity; and (5) make recommendations to the Secretary regarding redundant or outdated provisions of and regulations under this chapter, consistent with the Secretary's requirements under section 1099c−2 of this title. (k) Term of Committee Notwithstanding the sunset and charter provisions of the Federal Advisory Committee Act or any other statute or regulation, the Advisory Committee shall be authorized until October 1, 2004. −SOURCE−

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(Pub. L. 89−329, title IV, Sec. 491, as added Pub. L. 99−498, title IV, Sec. 407(a), Oct. 17, 1986, 100 Stat. 1492; amended Pub. L. 100−50, Sec. 15(16)−(18), June 3, 1987, 101 Stat. 357; Pub. L. 102−325, title IV, Sec. 496, July 23, 1992, 106 Stat. 631; Pub. L. 103−208, Sec. 2(h)(45), (46), Dec. 20, 1993, 107 Stat. 2478; Pub. L. 105−244, title IV, Sec. 490C, Oct. 7, 1998, 112 Stat. 1754.) −REFTEXT− REFERENCES IN TEXT Section 1233g of this title, referred to in subsec. (b), was repealed by Pub. L. 103−382, title II, Sec. 212(a)(2), Oct. 20, 1994, 108 Stat. 3913. The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (h)(1), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. This chapter, referred to in subsecs. (h)(2) and (j)(5), was in the original ''the Act'', meaning Pub. L. 89−329, as amended, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. The Federal Advisory Committee Act, referred to in subsec. (k), is Pub. L. 92−463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. −MISC2− PRIOR PROVISIONS

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A prior section 1098, Pub. L. 89−329, title IV, Sec. 491, as added Pub. L. 96−374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat. 1454; amended Pub. L. 98−79, Sec. 11, Aug. 15, 1983, 97 Stat. 484, related to a National Commission on Student Financial Assistance, prior to the general revision of this part by Pub. L. 99−498. AMENDMENTS 1998 − Subsec. (b). Pub. L. 105−244, Sec. 490C(1), substituted '', expenditures and staffing levels'' for ''and expenditures'' in second sentence and inserted ''Reports, publications, and other documents of the Advisory Committee, including such reports, publications, and documents in electronic form, shall not be subject to review by the Secretary.'' after third sentence. Subsec. (e)(3) to (6). Pub. L. 105−244, Sec. 490C(2), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively. Subsec. (g). Pub. L. 105−244, Sec. 490C(3), substituted ''Members of the Advisory Committee may each'' for ''(1) Members of the Advisory Committee who are officers or full−time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for persons in the Government service employed intermittently. ''(2) Members of the Advisory Committee who are not officers or full−time employees of the United States may each''.

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Subsec. (h)(1). Pub. L. 105−244, Sec. 490C(4), inserted ''determined'' after ''as may be'' and inserted at end ''The Advisory Committee may appoint not more than 1 full−time equivalent, nonpermanent, consultant without regard to the provisions of title 5. The Advisory Committee shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.'' Subsec. (i). Pub. L. 105−244, Sec. 490C(5), substituted ''$800,000'' for ''$750,000''. Subsec. (j). Pub. L. 105−244, Sec. 490C(6), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: ''The committee shall − ''(1) monitor and evaluate the program modifications resulting from the enactment of the Higher Education Amendments of 1992, especially as such amendments relate to the need analysis; ''(2) monitor and evaluate the implementation, pursuant to section 1090 of this title, of a Free Application for Federal Student Aid and the process for determining eligibility and awards for programs under this subchapter and part C of subchapter I of chapter 34 of title 42, including a simplified reapplication process; ''(3) assess the adequacy of current methods for disseminating information about programs under this subchapter and part C of subchapter I of chapter 34 of title 42 and recommend improvements, as appropriate, regarding early needs assessment and information for first−year high school students; and

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''(4) assess the adequacy of methods of monitoring student debt burden.'' Subsec. (k). Pub. L. 105−244, Sec. 490C(7), substituted ''2004'' for ''1998''. Subsec. (l). Pub. L. 105−244, Sec. 490C(8), struck out heading and text of subsec. (l) which directed Advisory Committee to conduct a study of means of simplifying all aspects of loan programs under part B of this subchapter. 1993 − Subsec. (d)(1). Pub. L. 103−208, Sec. 2(h)(45), struck out ''sections 1070a−1 through 1070a−5 of this title and'' after ''established under''. Subsec. (h)(1). Pub. L. 103−208, Sec. 2(h)(46), substituted ''subchapter III'' for ''subtitle III'' before ''of chapter 53 of such title''. 1992 − Subsec. (b). Pub. L. 102−325, Sec. 496(a), inserted after first sentence ''Notwithstanding Department of Education policies and regulations, the Advisory Committee shall exert independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions. The Advisory Committee's administration and management shall be subject to the usual and customary Federal audit procedures.'' Subsec. (d)(3). Pub. L. 102−325, Sec. 496(b)(1), struck out ''and in assessing the impact of legislative and administrative policy proposals'' after ''student aid''. Subsec. (d)(4) to (9). Pub. L. 102−325, Sec. 496(b)(2)−(6), added

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par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and added par. (9). Subsec. (h)(4). Pub. L. 102−325, Sec. 496(c), substituted ''without regard to'' for ''in accordance with'' and inserted before period at end ''and to set pay in accordance with such section''. Subsec. (i). Pub. L. 102−325, Sec. 496(d), substituted ''$750,000'' for ''$500,000''. Subsecs. (j) to (l). Pub. L. 102−325, Sec. 496(e), added subsecs. (j) to (l) and struck out former subsec. (j), which related to special institutional lender study. 1987 − Subsec. (b). Pub. L. 100−50, Sec. 15(16), inserted at end ''The Secretary's authority to terminate advisory committees of the Department pursuant to section 1233g(b) of this title ceased to be effective on June 23, 1983.'' Subsec. (i). Pub. L. 100−50, Sec. 15(17), substituted ''In each fiscal year not less than $500,000'' for ''An amount, not to exceed $500,000 in any fiscal year''. Subsec. (j). Pub. L. 100−50, Sec. 15(18), added subsec. (j). EFFECTIVE DATE OF 1998 AMENDMENT 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. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103−208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102−325, except as

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otherwise provided, see section 5(a) of Pub. L. 103−208, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100−50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99−498, see section 27 of Pub. L. 100−50, set out as a note under section 1001 of this title. REFERENCES IN OTHER LAWS TO GS−16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS−16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101−509, set out in a note under section 5376 of Title 5. −CITE− 20 USC Sec. 1098a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1098a. Regional meetings and negotiated rulemaking −STATUTE− (a) Meetings (1) In general

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The Secretary shall obtain public involvement in the development of proposed regulations for this subchapter and part C of subchapter I of chapter 34 of title 42; (FOOTNOTE 1) The Secretary shall obtain the advice of and recommendations from individuals and representatives of the groups involved in student financial assistance programs under this subchapter and part C of subchapter I of chapter 34 of title 42, such as students, legal assistance organizations that represent students, institutions of higher education, guaranty agencies, lenders, secondary markets, loan servicers, guaranty agency servicers, and collection agencies. (FOOTNOTE 1) So in original. The semicolon probably should be a period. (2) Issues The Secretary shall provide for a comprehensive discussion and exchange of information concerning the implementation of this subchapter and part C of subchapter I of chapter 34 of title 42, as amended by the Higher Education Amendments of 1998 through such mechanisms as regional meetings and electronic exchanges of information. The Secretary shall take into account the information received through such mechanisms in the development of proposed regulations and shall publish a summary of such information in the Federal Register together with such proposed regulations. (b) Draft regulations (1) In general

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After obtaining the advice and recommendations described in subsection (a)(1) of this section and before publishing proposed regulations in the Federal Register, the Secretary shall prepare draft regulations implementing this subchapter and part C of subchapter I of chapter 34 of title 42 as amended by the Higher Education Amendments of 1998 and shall submit such regulations to a negotiated rulemaking process. Participants in the negotiations process shall be chosen by the Secretary from individuals nominated by groups described in subsection (a)(1) of this section, and shall include both representatives of such groups from Washington, D.C., and industry participants. To the extent possible, the Secretary shall select individuals reflecting the diversity in the industry, representing both large and small participants, as well as individuals serving local areas and national markets. The negotiation process shall be conducted in a timely manner in order that the final regulations may be issued by the Secretary within the 360−day period described in section 1232(e) of this title. (2) Expansion of negotiated rulemaking All regulations pertaining to this subchapter and part C of subchapter I of chapter 34 of title 42 that are promulgated after October 7, 1998, shall be subject to a negotiated rulemaking (including the selection of the issues to be negotiated), unless the Secretary determines that applying such a requirement with respect to given regulations is impracticable, unnecessary, or contrary to the public interest (within the meaning of section

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553(b)(3)(B) of title 5), and publishes the basis for such determination in the Federal Register at the same time as the proposed regulations in question are first published. All published proposed regulations shall conform to agreements resulting from such negotiated rulemaking unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants in that process why the Secretary has decided to depart from such agreements. Such negotiated rulemaking shall be conducted in accordance with the provisions of paragraph (1), and the Secretary shall ensure that a clear and reliable record of agreements reached during the negotiations process is maintained. (c) Applicability of Federal Advisory Committee Act The Federal Advisory Committee Act shall not apply to activities carried out under this section. (d) Authorization of appropriations There are authorized to be appropriated in any fiscal year or made available from funds appropriated to carry out this part in any fiscal year such sums as may be necessary to carry out the provisions of this section, except that if no funds are appropriated pursuant to this subsection, the Secretary shall make funds available to carry out this section from amounts appropriated for the operations and expenses of the Department of Education. −SOURCE− (Pub. L. 89−329, title IV, Sec. 492, as added Pub. L. 102−325, title IV, Sec. 497, July 23, 1992, 106 Stat. 633; amended Pub. L.

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105−244, title IV, Sec. 490D, Oct. 7, 1998, 112 Stat. 1755.) −REFTEXT− REFERENCES IN TEXT The Higher Education Amendments of 1998, referred to in subsecs. (a)(2) and (b), is Pub. L. 105−244, Oct. 7, 1998, 112 Stat. 1581. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 1001 of this title and Tables. The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92−463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. −MISC2− AMENDMENTS 1998 − Subsec. (a)(1). Pub. L. 105−244, Sec. 490D(a)(1)(C), substituted ''The Secretary shall obtain the advice of and recommendations from'' for ''Such meetings shall include''. Pub. L. 105−244, Sec. 490D(a)(1)(B), which directed the substitution of ''this subchapter and part C of subchapter I of chapter 34 of title 42;'' for ''parts B, F, and G of this subchapter,'' was executed by making the substitution for ''parts B, F, and G of this subchapter.'' Pub. L. 105−244, Sec. 490D(a)(1)(A), struck out ''convene regional meetings to'' before ''obtain public involvement''. Subsec. (a)(2). Pub. L. 105−244, Sec. 490D(a)(2)(B)−(D), substituted ''this subchapter and part C of subchapter I of chapter

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34 of title 42'' for ''parts B, F, and G of this subchapter'', ''1998 through such mechanisms as regional meetings and electronic exchanges of information'' for ''1992'', and ''through such mechanisms in'' for ''at such meetings in''. Pub. L. 105−244, Sec. 490D(a)(2)(A), which directed substitution of ''The'' for ''During such meetings the'', was executed by making the substitution for ''During such meetings, the'' before ''Secretary shall provide'', to reflect the probable intent of Congress. Subsec. (b). Pub. L. 105−244, Sec. 490D(b), designated existing provisions as par. (1), inserted par. (1) heading, substituted ''obtaining the advice and recommendations described in subsection (a)(1) of this section'' for ''holding regional meetings'', ''this subchapter and part C of subchapter I of chapter 34 of title 42'' for ''parts B, F, and G of this subchapter'', ''1998'' for ''1992'', ''360−day'' for ''240−day'', and ''section 1232(e)'' for ''section 1232(g)'', struck out ''The Secretary shall follow the guidance provided in sections 305.82−4 and 305.85−5 of chapter 1, Code of Federal Regulations, and any successor recommendation, regulation, or law.'' after ''rulemaking process.'' and ''participating in the regional meetings'' after ''nominated by groups'', and added par. (2). EFFECTIVE DATE OF 1998 AMENDMENT 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.

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−CITE− 20 USC Sec. 1098b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1098b. Authorization of appropriations for administrative expenses −STATUTE− There are authorized to be appropriated such sums as may be necessary for fiscal year 1993 and for each succeeding fiscal year thereafter for administrative expenses necessary for carrying out this subchapter and part C of subchapter I of chapter 34 of title 42, including expenses for staff personnel, program reviews, and compliance activities. −SOURCE− (Pub. L. 89−329, title IV, Sec. 493, as added Pub. L. 102−325, title IV, Sec. 497, July 23, 1992, 106 Stat. 634.) −CITE− 20 USC Sec. 1098c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE

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Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1098c. Year 2000 requirements at the Department −STATUTE− (a) Preparations for Year 2000 In order to ensure that the processing, delivery, and administration of grant, loan, and work assistance provided under this subchapter and part C of subchapter I of chapter 34 of title 42 is not interrupted due to operational problems related to the inability of computer systems to indicate accurately dates after December 31, 1999, the Secretary of Education shall − (1) take such actions as are necessary to ensure that all internal and external systems, hardware, and data exchange infrastructure administered by the Department that are necessary for the processing, delivery, and administration of the grant, loan, and work assistance are Year 2000 compliant by March 31, 1999, such that there will be no business interruption after December 31, 1999; (2) ensure that the Robert T. Stafford Federal Student Loan Program and the William D. Ford Federal Direct Loan Program are equal in level of priority with respect to addressing, and that resources are managed to equally provide for successful resolution of, the Year 2000 computer problem in both programs by December 31, 1999; (3) work with the Department's various data exchange partners under this subchapter and part C of subchapter I of chapter 34 of

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title 42 to fully test all data exchange routes for Year 2000 compliance via end−to−end testing, and submit a report describing the parameters and results of such tests to the Comptroller General not later than March 31, 1999; (4) ensure that the Inspector General of the Department (or an external, independent entity selected by the Inspector General) performs and publishes a risk assessment of the systems and hardware under the Department's management, that has been reviewed by an independent entity, and make such assessment publicly available not later than 60 days after October 7, 1998; (5) not later than June 30, 1999, ensure that the Inspector General (or an external, independent entity selected by the Inspector General) conducts a review of the Department's Year 2000 compliance for the processing, delivery, and administration of grant, loan, and work assistance, and submits a report reflecting the results of that review to the Chairperson of the Committee on Labor and Human Resources of the Senate and the Chairperson of the Committee on Education and the Workforce of the House of Representatives; (6) develop a contingency plan to ensure the programs under this subchapter and part C of subchapter I of chapter 34 of title 42 will continue to run uninterrupted in the event of widespread disruptions in the flow of accurate computerized data, which contingency plan shall include a prioritization of mission critical systems and strategies to allow data partners to transfer data through alternate means; and

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(7) alert Congress at the earliest possible time if mission critical deadlines will not be met. (b) Postponement authority for Year 2000 (1) Purpose It is the purpose of this subsection to provide the Secretary with the flexibility necessary to − (A) ensure that the resources and capabilities of institutions, lenders, and guaranty agencies are not overburdened by the combination of student aid processing and delivery requirements added or modified by the amendments made by the Higher Education Amendments of 1998 and by the changes required to ensure that the systems of the institutions, lenders and guaranty agencies are Year 2000 compliant; and (B) avoid the disruption of grant, loan, or work assistance funds awarded to students because of Year 2000 compliance problems at a substantial number of institutions, lenders, and guaranty agencies. (2) Authority to postpone The Secretary may postpone, for a period of time described in paragraph (3), the implementation of any requirements under part B, C, D, or F of this subchapter that are added or modified by the amendments made by the Higher Education Amendments of 1998 related to the processing or delivery of grant, loan, and work assistance (which shall not include the determination of need for such assistance) provided under this subchapter and part C of subchapter I of chapter 34 of title 42, if the Secretary −

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(A) determines that − (i) implementation of such requirements would require extensive changes to the existing systems of institutions, lenders, or guaranty agencies; and (ii) postponement is necessary to avoid jeopardizing the ability of a substantial number of institutions, lenders, or guaranty agencies to ensure that all of the systems of the institutions, lenders, or guaranty agencies related to the processing or delivery of such assistance function successfully after December 31, 1999; and (B) promptly publishes in the Federal Register a list of, and notifies Congress of, any provisions, the implementation of which the Secretary intends to postpone, with the reasons for such postponement. (3) Exceptions to authority The Secretary may not postpone the implementation of one or more provisions described in this subsection longer than the earlier of − (A) the period of time that the Secretary determines necessary to ensure that the processing and delivery systems of the institutions, lenders, and guaranty agencies referred to in paragraph (1)(A)(ii) (FOOTNOTE 1) are capable of functioning successfully after December 31, 1999; or (FOOTNOTE 1) So in original. Probably should be paragraph ''(2)(A)(ii)''. (B) one award year after the effective date applicable to

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such provision under the Higher Education Amendments of 1998. −SOURCE− (Pub. L. 89−329, title IV, Sec. 493A, as added Pub. L. 105−244, title IV, Sec. 490E, Oct. 7, 1998, 112 Stat. 1756.) −REFTEXT− REFERENCES IN TEXT The Higher Education Amendments of 1998, referred to in subsec. (b)(1)(A), (2), (3)(B), is Pub. L. 105−244, Oct. 7, 1998, 112 Stat. 1581. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 1001 of this title and Tables. For general effective date of the Higher Education Amendments of 1998, referred to in subsec. (b)(3)(B), see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. −MISC2− EFFECTIVE DATE Section effective Oct. 1, 1998, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. −CITE− 20 USC Sec. 1098d 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE

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Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1098d. Procedures for cancellations and deferments for eligible disabled veterans −STATUTE− The Secretary, in consultation with the Secretary of Veterans Affairs, shall develop and implement a procedure to permit Department of Veterans Affairs physicians to provide the certifications and affidavits needed to enable disabled veterans enrolled in the Department of Veterans Affairs health care system to document such veterans' eligibility for deferments or cancellations of student loans made, insured, or guaranteed under this subchapter and part C of subchapter I of chapter 34 of title 42. Not later than 6 months after October 7, 1998, the Secretary and the Secretary of Veterans Affairs jointly shall report to Congress on the progress made in developing and implementing the procedure. −SOURCE− (Pub. L. 89−329, title IV, Sec. 493B, as added Pub. L. 105−244, title IV, Sec. 490F, Oct. 7, 1998, 112 Stat. 1758.) −MISC1− EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105−244, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.

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−CITE− 20 USC Sec. 1099 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part F − General Provisions Relating to Student Assistance Programs −HEAD− Sec. 1099. Exemption from State disclosure requirements −STATUTE− Loans made, insured, or guaranteed pursuant to a program authorized by this subchapter shall not be subject to any disclosure requirements of any State law. −SOURCE− (Pub. L. 97−320, title VII, Sec. 701(b), Oct. 15, 1982, 96 Stat. 1538.) −COD− CODIFICATION Section was enacted as part of the Garn−St Germain Depository Institutions Act of 1982, and not as part of title IV of the Higher Education Act of 1965 which comprises this subchapter. −MISC3− EFFECTIVE DATE Section effective both with respect to loans made prior to and after Oct. 15, 1982, see section 701(c) of Pub. L. 97−320, set out as an Effective Date of 1982 Amendment note under section 1603 of

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Title 15, Commerce and Trade. −CITE− 20 USC Part G − Program Integrity 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity . −HEAD− Part G − Program Integrity −COD− CODIFICATION Pub. L. 105−244, title IV, Sec. 491(1), Oct. 7, 1998, 112 Stat. 1758, added heading and struck out former heading. This part was added as part H of title IV of Pub. L. 89−329 by Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 634. The letter designation of this part was changed from ''H'' to ''G'' for codification purposes. See Codification note preceding section 1087a of this title. −SECREF− PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 1002, 1093 of this title. −CITE− 20 USC subpart 1 − state role 01/06/03 −EXPCITE−

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TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity subpart 1 − state role . −HEAD− subpart 1 − state role −COD− CODIFICATION Subpart 1 of part H of title IV of the Higher Education Act of 1965, comprising this subpart, was originally added to Pub. L. 89−329, title IV, by Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 635, and amended by Pub. L. 103−208, Dec. 20, 1993, 107 Stat. 2457. Subpart 1 is shown herein, however, as having been added by Pub. L. 105−244, title IV, Sec. 491(2), Oct. 7, 1998, 112 Stat. 1759, without reference to those intervening amendments because of the extensive revision of subpart 1 by Pub. L. 105−244. −SECREF− SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 1094, 1099c−1 of this title. −CITE− 20 USC Sec. 1099a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION

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CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity subpart 1 − state role −HEAD− Sec. 1099a. State responsibilities −STATUTE− (a) State responsibilities As part of the integrity program authorized by this part, each State, through one State agency or several State agencies selected by the State, shall − (1) furnish the Secretary, upon request, information with respect to the process for licensing or other authorization for institutions of higher education to operate within the State; (2) notify the Secretary promptly whenever the State revokes a license or other authority to operate an institution of higher education; and (3) notify the Secretary promptly whenever the State has credible evidence that an institution of higher education within the State − (A) has committed fraud in the administration of the student assistance programs authorized by this subchapter and part C of subchapter I of chapter 34 of title 42; or (B) has substantially violated a provision of this subchapter and part C of subchapter I of chapter 34 of title 42. (b) Institutional responsibility

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Each institution of higher education shall provide evidence to the Secretary that the institution has authority to operate within a State at the time the institution is certified under subpart 3 of this part. −SOURCE− (Pub. L. 89−329, title IV, Sec. 495, as added Pub. L. 105−244, title IV, Sec. 491(2), Oct. 7, 1998, 112 Stat. 1758.) −MISC1− PRIOR PROVISIONS Prior sections 1099a to 1099a−3 were omitted in the general amendment of this subpart by Pub. L. 105−244. Section 1099a, Pub. L. 89−329, title IV, Sec. 494, as added Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 635, authorized State postsecondary review program. Section 1099a−1, Pub. L. 89−329, title IV, Sec. 494A, as added Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 635, related to State postsecondary review entity agreements. Section 1099a−2, Pub. L. 89−329, title IV, Sec. 494B, as added Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 637, related to Federal reimbursement of State postsecondary review costs. Section 1099a−3, Pub. L. 89−329, title IV, Sec. 494C, as added Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 637; amended Pub. L. 103−208, Sec. 2(i)(1), (2), Dec. 20, 1993, 107 Stat. 2478, related to functions of State review entities. −CITE−

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20 USC subpart 2 − accrediting agency recognition 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity subpart 2 − accrediting agency recognition . −HEAD− subpart 2 − accrediting agency recognition −COD− CODIFICATION Pub. L. 105−244, title IV, Sec. 492(a)(1), Oct. 7, 1998, 112 Stat. 1759, substituted ''recognition'' for ''approval'' in heading. −SECREF− SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 1001, 1011c of this title. −CITE− 20 USC Sec. 1099b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity

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subpart 2 − accrediting agency recognition −HEAD− Sec. 1099b. Recognition of accrediting agency or association −STATUTE− (a) Criteria required No accrediting agency or association may be determined by the Secretary to be a reliable authority as to the quality of education or training offered for the purposes of this chapter or for other Federal purposes, unless the agency or association meets criteria established by the Secretary pursuant to this section. The Secretary shall, after notice and opportunity for a hearing, establish criteria for such determinations. Such criteria shall include an appropriate measure or measures of student achievement. Such criteria shall require that − (1) the accrediting agency or association shall be a State, regional, or national agency or association and shall demonstrate the ability and the experience to operate as an accrediting agency or association within the State, region, or nationally, as appropriate; (2) such agency or association − (A)(i) for the purpose of participation in programs under this chapter, has a voluntary membership of institutions of higher education and has as a principal purpose the accrediting of institutions of higher education; or (ii) for the purpose of participation in other programs administered by the Department of Education or other Federal

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agencies, has a voluntary membership and has as its principal purpose the accrediting of institutions of higher education or programs; (B) is a State agency approved by the Secretary for the purpose described in subparagraph (A); or (C) is an agency or association that, for the purpose of determining eligibility for student assistance under this subchapter and part C of subchapter I of chapter 34 of title 42, conducts accreditation through (i) a voluntary membership organization of individuals participating in a profession, or (ii) an agency or association which has as its principal purpose the accreditation of programs within institutions, which institutions are accredited by another agency or association recognized by the Secretary; (3) if such agency or association is an agency or association described in − (A) subparagraph (A)(i) of paragraph (2), then such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization; (B) subparagraph (B) of paragraph (2), then such agency or association has been recognized by the Secretary on or before October 1, 1991; or (C) subparagraph (C) of paragraph (2) and such agency or association has been recognized by the Secretary on or before October 1, 1991, then the Secretary may waive the requirement

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that such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization upon a demonstration that the existing relationship has not served to compromise the independence of its accreditation process; (4) such agency or association consistently applies and enforces standards that ensure that the courses or programs of instruction, training, or study offered by the institution of higher education, including distance education courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; (5) the standards for accreditation of the agency or association assess the institution's − (A) success with respect to student achievement in relation to the institution's mission, including, as appropriate, consideration of course completion, State licensing examinations, and job placement rates; (B) curricula; (C) faculty; (D) facilities, equipment, and supplies; (E) fiscal and administrative capacity as appropriate to the specified scale of operations; (F) student support services; (G) recruiting and admissions practices, academic calendars,

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catalogs, publications, grading and advertising; (H) measures of program length and the objectives of the degrees or credentials offered; (I) record of student complaints received by, or available to, the agency or association; and (J) record of compliance with its program responsibilities under this subchapter and part C of subchapter I of chapter 34 of title 42 based on the most recent student loan default rate data provided by the Secretary, the results of financial or compliance audits, program reviews, and such other information as the Secretary may provide to the agency or association; except that subparagraphs (A), (H), and (J) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection; (6) such agency or association shall apply procedures throughout the accrediting process, including evaluation and withdrawal proceedings, that comply with due process, including − (A) adequate specification of requirements and deficiencies at the institution of higher education or program being examined; (B) notice of an opportunity for a hearing by any such institution; (C) the right to appeal any adverse action against any such institution; and (D) the right to representation by counsel for any such institution;

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(7) such agency or association shall notify the Secretary and the appropriate State licensing or authorizing agency within 30 days of the accreditation of an institution or any final denial, withdrawal, suspension, or termination of accreditation or placement on probation of an institution, together with any other adverse action taken with respect to an institution; and (8) such agency or association shall make available to the public, upon request, and to the Secretary, and the State licensing or authorizing agency a summary of any review resulting in a final accrediting decision involving denial, termination, or suspension of accreditation, together with the comments of the affected institution. (b) ''Separate and independent'' defined For the purpose of subsection (a)(3) of this section, the term ''separate and independent'' means that − (1) the members of the postsecondary education governing body of the accrediting agency or association are not elected or selected by the board or chief executive officer of any related, associated, or affiliated trade association or membership organization; (2) among the membership of the board of the accrediting agency or association there shall be one public member (who is not a member of any related trade or membership organization) for each six members of the board, with a minimum of one such public member, and guidelines are established for such members to avoid conflicts of interest;

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(3) dues to the accrediting agency or association are paid separately from any dues paid to any related, associated, or affiliated trade association or membership organization; and (4) the budget of the accrediting agency or association is developed and determined by the accrediting agency or association without review or resort to consultation with any other entity or organization. (c) Operating procedures required No accrediting agency or association may be recognized by the Secretary as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this subchapter and part C of subchapter I of chapter 34 of title 42, unless the agency or association − (1) performs, at regularly established intervals, on−site inspections and reviews of institutions of higher education (which may include unannounced site visits) with particular focus on educational quality and program effectiveness, and ensures that accreditation team members are well−trained and knowledgeable with respect to their responsibilities; (2) requires that any institution of higher education subject to its jurisdiction which plans to establish a branch campus submit a business plan, including projected revenues and expenditures, prior to opening the branch campus; (3) agrees to conduct, as soon as practicable, but within a period of not more than 6 months of the establishment of a new branch campus or a change of ownership of an institution of

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higher education, an on−site visit of that branch campus or of the institution after a change of ownership; (4) requires that teach−out agreements among institutions are subject to approval by the accrediting agency or association consistent with standards promulgated by such agency or association; (5) maintains and makes publicly available written materials regarding standards and procedures for accreditation, appeal procedures, and the accreditation status of each institution subject to its jurisdiction; and (6) discloses publicly whenever an institution of higher education subject to its jurisdiction is being considered for accreditation or reaccreditation. (d) Length of recognition No accrediting agency or association may be recognized by the Secretary for the purpose of this chapter for a period of more than 5 years. (e) Initial arbitration rule The Secretary may not recognize the accreditation of any institution of higher education unless the institution of higher education agrees to submit any dispute involving the final denial, withdrawal, or termination of accreditation to initial arbitration prior to any other legal action. (f) Jurisdiction Notwithstanding any other provision of law, any civil action brought by an institution of higher education seeking accreditation

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from, or accredited by, an accrediting agency or association recognized by the Secretary for the purpose of this subchapter and part C of subchapter I of chapter 34 of title 42 and involving the denial, withdrawal, or termination of accreditation of the institution of higher education, shall be brought in the appropriate United States district court. (g) Limitation on scope of criteria Nothing in this chapter shall be construed to permit the Secretary to establish criteria for accrediting agencies or associations that are not required by this section. Nothing in this chapter shall be construed to prohibit or limit any accrediting agency or association from adopting additional standards not provided for in this section. (h) Change of accrediting agency The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is in the process of changing its accrediting agency or association, unless the eligible institution submits to the Secretary all materials relating to the prior accreditation, including materials demonstrating reasonable cause for changing the accrediting agency or association. (i) Dual accreditation rule The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is accredited, as an institution, by more than one accrediting agency or association, unless the

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institution submits to each such agency and association and to the Secretary the reasons for accreditation by more than one such agency or association and demonstrates to the Secretary reasonable cause for its accreditation by more than one agency or association. If the institution is accredited, as an institution, by more than one accrediting agency or association, the institution shall designate which agency's accreditation shall be utilized in determining the institution's eligibility for programs under this chapter. (j) Impact of loss of accreditation An institution may not be certified or recertified as an institution of higher education under section 1002 of this title and subpart 3 of this part or participate in any of the other programs authorized by this chapter if such institution − (1) is not currently accredited by any agency or association recognized by the Secretary; (2) has had its accreditation withdrawn, revoked, or otherwise terminated for cause during the preceding 24 months, unless such withdrawal, revocation, or termination has been rescinded by the same accrediting agency; or (3) has withdrawn from accreditation voluntarily under a show cause or suspension order during the preceding 24 months, unless such order has been rescinded by the same accrediting agency. (k) Religious institution rule Notwithstanding subsection (j) of this section, the Secretary shall allow an institution that has had its accreditation

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withdrawn, revoked, or otherwise terminated, or has voluntarily withdrawn from an accreditation agency, to remain certified as an institution of higher education under section 1002 of this title and subpart 3 of this part for a period sufficient to allow such institution to obtain alternative accreditation, if the Secretary determines that the reason for the withdrawal, revocation, or termination − (1) is related to the religious mission or affiliation of the institution; and (2) is not related to the accreditation criteria provided for in this section. (l) Limitation, suspension, or termination of recognition (1) If the Secretary determines that an accrediting agency or association has failed to apply effectively the criteria in this section, or is otherwise not in compliance with the requirements of this section, the Secretary shall − (A) after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association; or (B) require the agency or association to take appropriate action to bring the agency or association into compliance with such requirements within a timeframe specified by the Secretary, except that − (i) such timeframe shall not exceed 12 months unless the Secretary extends such period for good cause; and (ii) if the agency or association fails to bring the agency or association into compliance within such timeframe, the

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Secretary shall, after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association. (2) The Secretary may determine that an accrediting agency or association has failed to apply effectively the standards provided in this section if an institution of higher education seeks and receives accreditation from the accrediting agency or association during any period in which the institution is the subject of any interim action by another accrediting agency or association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension, revocation, or termination of accreditation or the institution has been notified of the threatened loss of accreditation, and the due process procedures required by such suspension, revocation, termination, or threatened loss have not been completed. (m) Limitation on Secretary's authority The Secretary may only recognize accrediting agencies or associations which accredit institutions of higher education for the purpose of enabling such institutions to establish eligibility to participate in the programs under this chapter or which accredit institutions of higher education or higher education programs for the purpose of enabling them to establish eligibility to participate in other programs administered by the Department of Education or other Federal agencies. (n) Independent evaluation (1) The Secretary shall conduct a comprehensive review and

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evaluation of the performance of all accrediting agencies or associations which seek recognition by the Secretary in order to determine whether such accrediting agencies or associations meet the criteria established by this section. The Secretary shall conduct an independent evaluation of the information provided by such agency or association. Such evaluation shall include − (A) the solicitation of third−party information concerning the performance of the accrediting agency or association; and (B) site visits, including unannounced site visits as appropriate, at accrediting agencies and associations, and, at the Secretary's discretion, at representative member institutions. (2) The Secretary shall place a priority for review of accrediting agencies or associations on those agencies or associations that accredit institutions of higher education that participate most extensively in the programs authorized by this subchapter and part C of subchapter I of chapter 34 of title 42 and on those agencies or associations which have been the subject of the most complaints or legal actions. (3) The Secretary shall consider all available relevant information concerning the compliance of the accrediting agency or association with the criteria provided for in this section, including any complaints or legal actions against such agency or association. In cases where deficiencies in the performance of an accreditation agency or association with respect to the requirements of this section are noted, the Secretary shall take

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these deficiencies into account in the recognition process. The Secretary shall not, under any circumstances, base decisions on the recognition or denial of recognition of accreditation agencies or associations on criteria other than those contained in this section. When the Secretary decides to recognize an accrediting agency or association, the Secretary shall determine the agency or association's scope of recognition. If the agency or association reviews institutions offering distance education courses or programs and the Secretary determines that the agency or association meets the requirements of this section, then the agency shall be recognized and the scope of recognition shall include accreditation of institutions offering distance education courses or programs. (4) The Secretary shall maintain sufficient documentation to support the conclusions reached in the recognition process, and, if the Secretary does not recognize any accreditation agency or association, shall make publicly available the reason for denying recognition, including reference to the specific criteria under this section which have not been fulfilled. (o) Regulations The Secretary shall by regulation provide procedures for the recognition of accrediting agencies or associations and for the appeal of the Secretary's decisions. −SOURCE− (Pub. L. 89−329, title IV, Sec. 496, as added Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 641; amended Pub. L.

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103−208, Sec. 2(i)(3)−(8), Dec. 20, 1993, 107 Stat. 2478, 2479; Pub. L. 105−244, title I, Sec. 102(b)(5), title IV, Sec. 492(a)(2)−(d), Oct. 7, 1998, 112 Stat. 1622, 1759, 1760.) −REFTEXT− REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (d), (g), (i), (j), and (m), was in the original ''this Act'', meaning Pub. L. 89−329, as amended, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. −MISC2− AMENDMENTS 1998 − Pub. L. 105−244, Sec. 492(a)(2), substituted ''Recognition'' for ''Approval'' in section catchline. Subsec. (a). Pub. L. 105−244, Sec. 492(b)(1), (2), substituted ''Criteria'' for ''Standards'' in heading and ''criteria'' for ''standards'' wherever appearing in introductory provisions. Subsec. (a)(4). Pub. L. 105−244, Sec. 492(b)(3), substituted ''offered by the institution'' for ''at the institution'' and inserted '', including distance education courses or programs,'' after ''higher education''. Subsec. (a)(5). Pub. L. 105−244, Sec. 492(b)(4)(A), (H), substituted ''for accreditation'' for ''of accreditation'' in introductory provisions and ''(A), (H), and (J)'' for ''(G), (H), (I), (J), and (L)'' in concluding provisions. Subsec. (a)(5)(A) to (G). Pub. L. 105−244, Sec. 492(b)(4)(C),

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(E), added subpar. (A) and redesignated former subpars. (A) to (F) as (B) to (G), respectively. Former subpar. (G) redesignated (H). Subsec. (a)(5)(H). Pub. L. 105−244, Sec. 492(b)(4)(F), substituted ''measures of program length'' for ''program length and tuition and fees in relation to the subject matters taught''. Pub. L. 105−244, Sec. 492(b)(4)(C), redesignated subpar. (G) as (H). Pub. L. 105−244, Sec. 492(b)(4)(B), struck out subpar. (H) which read as follows: ''measures of program length in clock hours or credit hours;''. Subsec. (a)(5)(I). Pub. L. 105−244, Sec. 492(b)(4)(B), (D), redesignated subpar. (K) as (I) and struck out former subpar. (I) which read as follows: ''success with respect to student achievement in relation to its mission, including, as appropriate, consideration of course completion, State licensing examination, and job placement rates;''. Subsec. (a)(5)(J). Pub. L. 105−244, Sec. 492(b)(4)(G), inserted ''record of'' before ''compliance'', substituted ''based on the most recent student loan default rate data provided by the Secretary, the'' for '', including any'', and inserted ''any'' after ''reviews, and''. Pub. L. 105−244, Sec. 492(b)(4)(B), (D), redesignated subpar. (L) as (J) and struck out former subpar. (J) which read as follows: ''default rates in the student loan programs under this subchapter and part C of subchapter I of chapter 34 of title 42, based on the most recent data provided by the Secretary;''.

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Subsec. (a)(5)(K), (L). Pub. L. 105−244, Sec. 492(b)(4)(D), redesignated subpars. (K) and (L) as (I) and (J), respectively. Subsec. (a)(7). Pub. L. 105−244, Sec. 492(b)(5), substituted ''State licensing or authorizing agency'' for ''State postsecondary review entity''. Subsec. (a)(8). Pub. L. 105−244, Sec. 492(b)(6), substituted ''State licensing or authorizing agency'' for ''State postsecondary review entity of the State in which the institution of higher education is located''. Subsec. (c). Pub. L. 105−244, Sec. 492(c)(1), substituted ''recognized by the Secretary'' for ''approved by the Secretary'' in introductory provisions. Subsec. (c)(1). Pub. L. 105−244, Sec. 492(c)(2), substituted ''(which may include unannounced site visits)'' for ''(at least one of which inspections at each institution that provides vocational education and training shall be unannounced),''. Subsec. (d). Pub. L. 105−244, Sec. 492(d)(1), substituted ''recognition'' for ''approval'' in heading and ''recognized'' for ''approved'' in text. Subsec. (f). Pub. L. 105−244, Sec. 492(d)(2), substituted ''recognized'' for ''approved''. Subsec. (g). Pub. L. 105−244, Sec. 492(d)(3), substituted ''criteria'' for ''standards'' in heading and ''establish criteria'' for ''establish standards'' in text. Subsec. (j). Pub. L. 105−244, Sec. 102(b)(5), substituted ''section 1002'' for ''section 1088'' in introductory provisions.

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Subsec. (k). Pub. L. 105−244, Sec. 102(b)(5), 492(d)(4)(A), amended subsec. (k) identically, substituting ''section 1002'' for ''section 1088'' in introductory provisions. Subsec. (k)(2). Pub. L. 105−244, Sec. 492(d)(4)(B), substituted ''criteria'' for ''standards''. Subsec. (l). Pub. L. 105−244, Sec. 492(d)(5), substituted ''recognition'' for ''approval'' in heading, added par. (1), and struck out former par. (1) which read as follows: ''The Secretary shall limit, suspend, or terminate the approval of an accrediting agency or association if the Secretary determines, after notice and opportunity for a hearing, that the accrediting agency or association has failed to apply effectively the standards or operate according to the procedures provided in this section.'' Subsec. (n)(1). Pub. L. 105−244, Sec. 492(d)(6)(A), substituted ''criteria'' for ''standards'' in introductory provisions. Subsec. (n)(3). Pub. L. 105−244, Sec. 492(d)(6)(A), (B), substituted ''criteria'' for ''standards'' in two places, ''recognition process'' for ''approval process'', and ''recognition or denial of recognition'' for ''approval or disapproval'', and inserted at end ''When the Secretary decides to recognize an accrediting agency or association, the Secretary shall determine the agency or association's scope of recognition. If the agency or association reviews institutions offering distance education courses or programs and the Secretary determines that the agency or association meets the requirements of this section, then the agency shall be recognized and the scope of recognition shall include

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accreditation of institutions offering distance education courses or programs.'' Subsec. (n)(4). Pub. L. 105−244, Sec. 492(d)(6)(C), added par. (4) and struck out former par. (4) which read as follows: ''The Secretary shall maintain sufficient documentation to support the conclusions reached in the approval process, and, upon disapproval of any accreditation agency or association, shall make publicly available the reason for such disapproval, including reference to the specific standards under this section which have not been fulfilled.'' 1993 − Subsec. (a)(2)(A)(i). Pub. L. 103−208, Sec. 2(i)(3), inserted ''of institutions of higher education'' after ''membership''. Subsec. (a)(3)(A). Pub. L. 103−208, Sec. 2(i)(4), substituted ''subparagraph (A)(i)'' for ''subparagraph (A)''. Subsec. (a)(5). Pub. L. 103−208, Sec. 2(i)(5), substituted a semicolon for the period at end of subpar. (L) and inserted after subpar. (L) the following: ''except that subparagraphs (G), (H), (I), (J), and (L) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection;''. Subsec. (c). Pub. L. 103−208, Sec. 2(i)(6), substituted ''as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this subchapter and part C of subchapter I of chapter 34 of title 42'' for ''for the purpose of this subchapter and part C of subchapter I of chapter 34 of title 42''.

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Subsec. (l)(2). Pub. L. 103−208, Sec. 2(i)(7), substituted ''institution'' for ''institutution'' and ''association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension'' for ''association leading to the suspension''. Subsec. (n)(1)(B). Pub. L. 103−208, Sec. 2(i)(8), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ''site visits at both the accrediting agency or association and member institutions, including unannounced visits where appropriate.'' EFFECTIVE DATE OF 1998 AMENDMENT 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. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103−208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102−325, except as otherwise provided, see section 5(a) of Pub. L. 103−208, set out as a note under section 1051 of this title. EFFECTIVE DATE Section effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. STUDY OF TRANSFER OF CREDITS Pub. L. 105−244, title VIII, Sec. 804, Oct. 7, 1998, 112 Stat. 1806, provided that:

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''(a) Study Required. − The Secretary of Education shall conduct a study to evaluate policies or practices instituted by recognized accrediting agencies or associations regarding the treatment of the transfer of credits from one institution of higher education to another, giving particular attention to − ''(1) adopted policies regarding the transfer of credits between institutions of higher education which are accredited by different agencies or associations and the reasons for such policies; ''(2) adopted policies regarding the transfer of credits between institutions of higher education which are accredited by national agencies or associations and institutions of higher education which are accredited by regional agencies and associations and the reasons for such policies; ''(3) the effect of the adoption of such policies on students transferring between such institutions of higher education, including time required to matriculate, increases to the student of tuition and fees paid, and increases to the student with regard to student loan burden; ''(4) the extent to which Federal financial aid is awarded to such students for the duplication of coursework already completed at another institution; and ''(5) the aggregate cost to the Federal Government of the adoption of such policies. ''(b) Report. − Not later than one year after the date of enactment of this Act (Oct. 7, 1998), the Secretary of Education

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shall submit a report to the Chairman and Ranking Minority Member of the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate detailing the Secretary's findings regarding the study conducted under subsection (a). The Secretary's report shall include such recommendation with respect to the recognition of accrediting agencies or associations as the Secretary deems advisable.'' −CITE− 20 USC subpart 3 − eligibility and certification procedures 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity subpart 3 − eligibility and certification procedures . −HEAD− subpart 3 − eligibility and certification procedures −SECREF− SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 1002, 1087, 1094, 1099a, 1099b of this title. −CITE− 20 USC Sec. 1099c 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity subpart 3 − eligibility and certification procedures −HEAD− Sec. 1099c. Eligibility and certification procedures −STATUTE− (a) General requirement For purposes of qualifying institutions of higher education for participation in programs under this subchapter and part C of subchapter I of chapter 34 of title 42, the Secretary shall determine the legal authority to operate within a State, the accreditation status, and the administrative capability and financial responsibility of an institution of higher education in accordance with the requirements of this section. (b) Single application form The Secretary shall prepare and prescribe a single application form which − (1) requires sufficient information and documentation to determine that the requirements of eligibility, accreditation, financial responsibility, and administrative capability of the institution of higher education are met; (2) requires a specific description of the relationship between a main campus of an institution of higher education and all of

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its branches, including a description of the student aid processing that is performed by the main campus and that which is performed at its branches; (3) requires − (A) a description of the third party servicers of an institution of higher education; and (B) the institution to maintain a copy of any contract with a financial aid service provider or loan servicer, and provide a copy of any such contract to the Secretary upon request; (4) requires such other information as the Secretary determines will ensure compliance with the requirements of this subchapter and part C of subchapter I of chapter 34 of title 42 with respect to eligibility, accreditation, administrative capability and financial responsibility; and (5) provides, at the option of the institution, for participation in one or more of the programs under part B or C of this subchapter. (c) Financial responsibility standards (1) The Secretary shall determine whether an institution has the financial responsibility required by this subchapter and part C of subchapter I of chapter 34 of title 42 on the basis of whether the institution is able − (A) to provide the services described in its official publications and statements; (B) to provide the administrative resources necessary to comply with the requirements of this subchapter and part C of subchapter

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I of chapter 34 of title 42; and (C) to meet all of its financial obligations, including (but not limited to) refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary. (2) Notwithstanding paragraph (1), if an institution fails to meet criteria prescribed by the Secretary regarding ratios that demonstrate financial responsibility, then the institution shall provide the Secretary with satisfactory evidence of its financial responsibility in accordance with paragraph (3). Such criteria shall take into account any differences in generally accepted accounting principles, and the financial statements required thereunder, that are applicable to for profit, public, and nonprofit institutions. The Secretary shall take into account an institution's total financial circumstances in making a determination of its ability to meet the standards herein required. (3) The Secretary shall determine an institution to be financially responsible, notwithstanding the institution's failure to meet the criteria under paragraphs (1) and (2), if − (A) such institution submits to the Secretary third−party financial guarantees that the Secretary determines are reasonable, such as performance bonds or letters of credit payable to the Secretary, which third−party financial guarantees shall equal not less than one−half of the annual potential liabilities of such institution to the Secretary for funds under this subchapter and part C of subchapter I of chapter 34 of title

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42, including loan obligations discharged pursuant to section 1087 of this title, and to students for refunds of institutional charges, including funds under this subchapter and part C of subchapter I of chapter 34 of title 42; (B) such institution has its liabilities backed by the full faith and credit of a State, or its equivalent; (C) such institution establishes to the satisfaction of the Secretary, with the support of a financial statement audited by an independent certified public accountant in accordance with generally accepted auditing standards, that the institution has sufficient resources to ensure against the precipitous closure of the institution, including the ability to meet all of its financial obligations (including refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary); or (D) such institution has met standards of financial responsibility, prescribed by the Secretary by regulation, that indicate a level of financial strength not less than those required in paragraph (2). (4) If an institution of higher education that provides a 2−year or 4−year program of instruction for which the institution awards an associate or baccalaureate degree fails to meet the criteria imposed by the Secretary pursuant to paragraph (2), the Secretary shall waive that particular requirement for that institution if the institution demonstrates to the satisfaction of the Secretary that −

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(A) there is no reasonable doubt as to its continued solvency and ability to deliver quality educational services; (B) it is current in its payment of all current liabilities, including student refunds, repayments to the Secretary, payroll, and payment of trade creditors and withholding taxes; and (C) it has substantial equity in school−occupied facilities, the acquisition of which was the direct cause of its failure to meet the criteria. (5) The determination as to whether an institution has met the standards of financial responsibility provided for in paragraphs (2) and (3)(C) shall be based on an audited and certified financial statement of the institution. Such audit shall be conducted by a qualified independent organization or person in accordance with standards established by the American Institute of Certified Public Accountants. Such statement shall be submitted to the Secretary at the time such institution is considered for certification or recertification under this section. If the institution is permitted to be certified (provisionally or otherwise) and such audit does not establish compliance with paragraph (2), the Secretary may require that additional audits be submitted. (6)(A) The Secretary shall establish requirements for the maintenance by an institution of higher education of sufficient cash reserves to ensure repayment of any required refunds. (B) The Secretary shall provide for a process under which the Secretary shall exempt an institution of higher education from the requirements described in subparagraph (A) if the Secretary

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determines that the institution − (i) is located in a State that has a tuition recovery fund that ensures that the institution meets the requirements of subparagraph (A); (ii) contributes to the fund; and (iii) otherwise has legal authority to operate within the State. (d) Administrative capacity standard The Secretary is authorized − (1) to establish procedures and requirements relating to the administrative capacities of institutions of higher education, including − (A) consideration of past performance of institutions or persons in control of such institutions with respect to student aid programs; and (B) maintenance of records; (2) to establish such other reasonable procedures as the Secretary determines will contribute to ensuring that the institution of higher education will comply with administrative capability required by this subchapter and part C of subchapter I of chapter 34 of title 42. (e) Financial guarantees from owners (1) Notwithstanding any other provision of law, the Secretary may, to the extent necessary to protect the financial interest of the United States, require − (A) financial guarantees from an institution participating, or

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seeking to participate, in a program under this subchapter and part C of subchapter I of chapter 34 of title 42, or from one or more individuals who the Secretary determines, in accordance with paragraph (2), exercise substantial control over such institution, or both, in an amount determined by the Secretary to be sufficient to satisfy the institution's potential liability to the Federal Government, student assistance recipients, and other program participants for funds under this subchapter and part C of subchapter I of chapter 34 of title 42; and (B) the assumption of personal liability, by one or more individuals who exercise substantial control over such institution, as determined by the Secretary in accordance with paragraph (2), for financial losses to the Federal Government, student assistance recipients, and other program participants for funds under this subchapter and part C of subchapter I of chapter 34 of title 42, and civil and criminal monetary penalties authorized under this subchapter and part C of subchapter I of chapter 34 of title 42. (2)(A) The Secretary may determine that an individual exercises substantial control over one or more institutions participating in a program under this subchapter and part C of subchapter I of chapter 34 of title 42 if the Secretary determines that − (i) the individual directly or indirectly controls a substantial ownership interest in the institution; (ii) the individual, either alone or together with other individuals, represents, under a voting trust, power of attorney,

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proxy, or similar agreement, one or more persons who have, individually or in combination with the other persons represented or the individual representing them, a substantial ownership interest in the institution; or (iii) the individual is a member of the board of directors, the chief executive officer, or other executive officer of the institution or of an entity that holds a substantial ownership interest in the institution. (B) The Secretary may determine that an entity exercises substantial control over one or more institutions participating in a program under this subchapter and part C of subchapter I of chapter 34 of title 42 if the Secretary determines that the entity directly or indirectly holds a substantial ownership interest in the institution. (3) For purposes of this subsection, an ownership interest is defined as a share of the legal or beneficial ownership or control of, or a right to share in the proceeds of the operation of, an institution or institution's parent corporation. An ownership interest may include, but is not limited to − (A) a sole proprietorship; (B) an interest as a tenant−in−common, joint tenant, or tenant by the entireties; (C) a partnership; or (D) an interest in a trust. (4) The Secretary shall not impose the requirements described in subparagraphs (A) and (B) of paragraph (1) on an institution that −

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(A) has not been subjected to a limitation, suspension, or termination action by the Secretary or a guaranty agency within the preceding 5 years; (B) has not had, during its 2 most recent audits of the institutions conduct of programs under this subchapter and part C of subchapter I of chapter 34 of title 42, an audit finding that resulted in the institution being required to repay an amount greater than 5 percent of the funds the institution received from programs under this subchapter and part C of subchapter I of chapter 34 of title 42 for any year; (C) meets and has met, for the preceding 5 years, the financial responsibility standards under subsection (c) of this section; and (D) has not been cited during the preceding 5 years for failure to submit audits required under this subchapter and part C of subchapter I of chapter 34 of title 42 in a timely fashion. (5) For purposes of section 1094(c)(1)(G) of this title, this section shall also apply to individuals or organizations that contract with an institution to administer any aspect of an institution's student assistance program under this subchapter and part C of subchapter I of chapter 34 of title 42. (6) Notwithstanding any other provision of law, any individual who − (A) the Secretary determines, in accordance with paragraph (2), exercises substantial control over an institution participating in, or seeking to participate in, a program under this subchapter

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and part C of subchapter I of chapter 34 of title 42; (B) is required to pay, on behalf of a student or borrower, a refund of unearned institutional charges to a lender, or to the Secretary; and (C) willfully fails to pay such refund or willfully attempts in any manner to evade payment of such refund, shall, in addition to other penalties provided by law, be liable to the Secretary for the amount of the refund not paid, to the same extent with respect to such refund that such an individual would be liable as a responsible person for a penalty under section 6672(a) of title 26 with respect to the nonpayment of taxes. (f) Actions on applications and site visits The Secretary shall ensure that prompt action is taken by the Department on any application required under subsection (b) of this section. The personnel of the Department of Education may conduct a site visit at each institution before certifying or recertifying its eligibility for purposes of any program under this subchapter and part C of subchapter I of chapter 34 of title 42. The Secretary shall establish priorities by which institutions are to receive site visits, and shall, to the extent practicable, coordinate such visits with site visits by States, guaranty agencies, and accrediting bodies in order to eliminate duplication, and reduce administrative burden. (g) Time limitations on, and renewal of, eligibility (1) General rule After the expiration of the certification of any institution

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under the schedule prescribed under this section (as this section was in effect prior to October 7, 1998), or upon request for initial certification from an institution not previously certified, the Secretary may certify the eligibility for the purposes of any program authorized under this subchapter and part C of subchapter I of chapter 34 of title 42 of each such institution for a period not to exceed 6 years. (2) Notification The Secretary shall notify each institution of higher education not later than 6 months prior to the date of the expiration of the institution's certification. (3) Institutions outside the United States The Secretary shall promulgate regulations regarding the recertification requirements applicable to an institution of higher education outside of the United States that meets the requirements of section 1002(a)(1)(C) of this title and received less than $500,000 in funds under part B of this subchapter for the most recent year for which data are available. (h) Provisional certification of institutional eligibility (1) Notwithstanding subsections (d) and (g) of this section, the Secretary may provisionally certify an institution's eligibility to participate in programs under this subchapter and part C of subchapter I of chapter 34 of title 42 − (A) for not more than one complete award year in the case of an institution of higher education seeking an initial certification; and

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(B) for not more than 3 complete award years if − (i) the institution's administrative capability and financial responsibility is being determined for the first time; (ii) there is a complete or partial change of ownership, as defined under subsection (i) of this section, of an eligible institution; or (iii) the Secretary determines that an institution that seeks to renew its certification is, in the judgment of the Secretary, in an administrative or financial condition that may jeopardize its ability to perform its financial responsibilities under a program participation agreement. (2) Whenever the Secretary withdraws the recognition of any accrediting agency, an institution of higher education which meets the requirements of accreditation, eligibility, and certification on the day prior to such withdrawal, the Secretary may, notwithstanding the withdrawal, continue the eligibility of the institution of higher education to participate in the programs authorized by this subchapter and part C of subchapter I of chapter 34 of title 42 for a period not to exceed 18 months from the date of the withdrawal of recognition. (3) If, prior to the end of a period of provisional certification under this subsection, the Secretary determines that the institution is unable to meet its responsibilities under its program participation agreement, the Secretary may terminate the institution's participation in programs under this subchapter and part C of subchapter I of chapter 34 of title 42.

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(i) Treatment of changes of ownership (1) An eligible institution of higher education that has had a change in ownership resulting in a change of control shall not qualify to participate in programs under this subchapter and part C of subchapter I of chapter 34 of title 42 after the change in control (except as provided in paragraph (3)) unless it establishes that it meets the requirements of section 1002 of this title (other than the requirements in subsections (b)(5) and (c)(3) (FOOTNOTE 1) ) and this section after such change in control. (FOOTNOTE 1) See References in Text note below. (2) An action resulting in a change in control may include (but is not limited to) − (A) the sale of the institution or the majority of its assets; (B) the transfer of the controlling interest of stock of the institution or its parent corporation; (C) the merger of two or more eligible institutions; (D) the division of one or more institutions into two or more institutions; (E) the transfer of the controlling interest of stock of the institutions to its parent corporation; or (F) the transfer of the liabilities of the institution to its parent corporation. (3) An action that may be treated as not resulting in a change in control includes (but is not limited to) − (A) the sale or transfer, upon the death of an owner of an institution, of the ownership interest of the deceased in that

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institution to a family member or to a person holding an ownership interest in that institution; or (B) another action determined by the Secretary to be a routine business practice. (4)(A) The Secretary may provisionally certify an institution seeking approval of a change in ownership based on the preliminary review by the Secretary of a materially complete application that is received by the Secretary within 10 business days of the transaction for which the approval is sought. (B) A provisional certification under this paragraph shall expire not later than the end of the month following the month in which the transaction occurred, except that if the Secretary has not issued a decision on the application for the change of ownership within that period, the Secretary may continue such provisional certification on a month−to−month basis until such decision has been issued. (j) Treatment of branches (1) A branch of an eligible institution of higher education, as defined pursuant to regulations of the Secretary, shall be certified under this subpart before it may participate as part of such institution in a program under this subchapter and part C of subchapter I of chapter 34 of title 42, except that such branch shall not be required to meet the requirements of sections 1002(b)(1)(E) and 1002(c)(1)(C) of this title prior to seeking such certification. Such branch is required to be in existence at least 2 years after the branch is certified by the Secretary as a branch

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campus participating in a program under this subchapter and part C of subchapter I of chapter 34 of title 42, prior to seeking certification as a main campus or free−standing institution. (2) The Secretary may waive the requirement of section 1001(a)(2) of this title for a branch that (A) is not located in a State, (B) is affiliated with an eligible institution, and (C) was participating in one or more programs under this subchapter and part C of subchapter I of chapter 34 of title 42 on or before January 1, 1992. −SOURCE− (Pub. L. 89−329, title IV, Sec. 498, as added Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 647; amended Pub. L. 103−208, Sec. 2(i)(9)−(14), Dec. 20, 1993, 107 Stat. 2479, 2480; Pub. L. 105−244, title I, Sec. 102(a)(6)(B), (b)(6), (7), title IV, Sec. 493(a)−(c)(1), (d)−(h), Oct. 7, 1998, 112 Stat. 1618, 1622, 1761−1763.) −REFTEXT− REFERENCES IN TEXT Subsections (b)(5) and (c)(3), referred to in subsec. (i)(1), originally meant subsections (b)(5) and (c)(3) of section 1088 of this title, see 1998 Amendment note below for subsec. (i)(1). Pub. L. 105−244, title I, Sec. 101(c), Oct. 7, 1998, 112 Stat. 1617, amended section 1088 by striking out subsecs. (b) and (c) and redesignating subsecs. (e) and (f) as (b) and (c), respectively. Section 1002 of this title does not contain a subsec. (b)(5) or (c)(3), but provisions similar to those appearing in former

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subsecs. (b)(5) and (c)(3) of section 1088 are contained in subsecs. (b)(1)(E) and (c)(1)(C) of section 1002. −MISC2− AMENDMENTS 1998 − Subsec. (b)(1). Pub. L. 105−244, Sec. 493(a)(1), substituted ''financial responsibility, and administrative capability'' for ''and capability''. Subsec. (b)(3). Pub. L. 105−244, Sec. 493(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ''requires a description of third party servicers of an institution of higher education, together with a copy of any contract with the institution of higher education and a financial aid service provider or loan servicer; and''. Subsec. (b)(5). Pub. L. 105−244, Sec. 493(a)(3), (4), added par. (5). Subsec. (c)(2). Pub. L. 105−244, Sec. 493(b)(1)(B), inserted '', public,'' after ''for profit'' in second sentence. Pub. L. 105−244, Sec. 493(b)(1)(A), which directed amendment of first sentence by substituting ''regarding ratios that demonstrate financial responsibility,'' for ''with respect to operating losses, net worth, asset−to−liabilities ratios, or operating fund deficits'', was executed by making the substitution for text which read ''asset−to−liabilities ratios'' rather than ''asset to liabilities ratios'', to reflect the probable intent of Congress. Subsec. (c)(3)(A). Pub. L. 105−244, Sec. 493(b)(2), inserted ''that the Secretary determines are reasonable'' after ''Secretary

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third−party financial guarantees''. Subsec. (c)(4). Pub. L. 105−244, Sec. 493(b)(3)(A), substituted ''criteria'' for ''ratio of current assets to current liabilities'' in introductory provisions. Subsec. (c)(4)(C). Pub. L. 105−244, Sec. 493(b)(3)(B), substituted ''criteria'' for ''current operating ratio requirement''. Subsec. (e)(6). Pub. L. 105−244, Sec. 493(c)(1), added par. (6). Subsec. (f). Pub. L. 105−244, Sec. 493(d), substituted ''and site visits'' for ''; site visits and fees'' in heading, ''may'' for ''shall'' in second sentence, and ''shall establish'' for ''may establish'' and ''shall, to the extent practicable, coordinate'' for ''may coordinate'' in third sentence, and struck out at end ''The Secretary may charge reasonable fees to cover the expenses of certification and site visits and, to the extent permitted by appropriations Acts, may retain such fees to cover such expenses.'' Subsec. (g). Pub. L. 105−244, Sec. 493(e), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: ''(1) The eligibility for the purposes of any program authorized under this subchapter and part C of subchapter I of chapter 34 of title 42 of any institution that is participating in any such program on July 23, 1992, shall expire in accordance with the schedule prescribed by the Secretary in accordance with paragraph (2), but not later than 5 years after July 23, 1992. ''(2) The Secretary shall establish a schedule for the expiration

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of the eligibility for purposes of any such program of all institutions of higher education within the 5−year period specified in paragraph (1). Such schedule shall place a priority for the expiration of the certification of institutions on those that meet the following criteria: ''(A) institutions subject to review by a State postsecondary review entity pursuant to subpart 1 of this part; or ''(B) other categories of institutions which the Secretary deems necessary. ''(3) After the expiration of the certification of any institution under the schedule prescribed under this subsection, or upon request for initial certification from an institution not previously certified, the Secretary may certify the eligibility for the purposes of any program authorized under this subchapter and part C of subchapter I of chapter 34 of title 42 of each such institution for a period not to exceed 4 years.'' Subsec. (h)(2). Pub. L. 105−244, Sec. 493(f), substituted ''the recognition'' for ''the approval'' and ''of recognition'' for ''of approval''. Subsec. (i)(1). Pub. L. 105−244, Sec. 102(b)(6), substituted ''section 1002'' for ''section 1088''. Subsec. (i)(4). Pub. L. 105−244, Sec. 493(g), added par. (4). Subsec. (j)(1). Pub. L. 105−244, Sec. 493(h), inserted ''after the branch is certified by the Secretary as a branch campus participating in a program under this subchapter and part C of subchapter I of chapter 34 of title 42,'' after ''2 years''.

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Pub. L. 105−244, Sec. 102(b)(7)(A), substituted ''sections 1002(b)(1)(E) and 1002(c)(1)(C)'' for ''sections 1088(b)(5) and 1088(c)(3)''. Subsec. (j)(2). Pub. L. 105−244, Sec. 102(a)(6)(B), (b)(7)(B), amended par. (2) identically, substituting ''section 1001(a)(2)'' for ''section 1141(a)(2)''. 1993 − Subsec. (c)(2). Pub. L. 103−208, Sec. 2(i)(9)(A), inserted at end ''Such criteria shall take into account any differences in generally accepted accounting principles, and the financial statements required thereunder, that are applicable to for profit and nonprofit institutions. The Secretary shall take into account an institution's total financial circumstances in making a determination of its ability to meet the standards herein required.'' Subsec. (c)(3). Pub. L. 103−208, Sec. 2(i)(9)(B), substituted ''The Secretary shall determine'' for ''The Secretary may determine'' in introductory provisions. Subsec. (c)(3)(C). Pub. L. 103−208, Sec. 2(i)(9)(C), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ''such institution establishes to the satisfaction of the Secretary, with the support of a report of an independent certified public accountant prepared under generally accepted accounting principles, that the institution is a going concern capable of meeting all of its financial obligations, including (but not limited to) refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs

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administered by the Secretary; or''. Subsec. (c)(4) to (6). Pub. L. 103−208, Sec. 2(i)(9)(D), (E), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Subsec. (f). Pub. L. 103−208, Sec. 2(i)(10), inserted after second sentence ''The Secretary may establish priorities by which institutions are to receive site visits, and may coordinate such visits with site visits by States, guaranty agencies, and accrediting bodies in order to eliminate duplication, and reduce administrative burden.'' Subsec. (h)(1)(B)(iii). Pub. L. 103−208, Sec. 2(i)(11), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: ''the Secretary determines that the institution is, in the judgment of the Secretary, in an administrative or financial condition that may jeopardize its ability to perform its responsibilities under its program participation agreement.'' Subsec. (i)(1). Pub. L. 103−208, Sec. 2(i)(12), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ''For the purpose of certifying the eligibility of an institution, an eligible institution of higher education that has a change in ownership resulting in a change in control shall not be considered to be the same institution (except as provided in paragraph (3)) and shall be considered a new institution for the purpose of establishing eligibility, except that such institution shall not be required (under section 1088(b)(5) or 1088(c)(3) of this title) to be in existence for 2 years prior to seeking such certification

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unless such institution was in existence as a branch for less than 2 years.'' Subsec. (i)(3)(A). Pub. L. 103−208, Sec. 2(i)(13), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ''the death of an owner of an institution, when the owner's interest is sold or transferred to either a family member or a current stockholder of the corporation; or''. Subsec. (j)(1). Pub. L. 103−208, Sec. 2(i)(14), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ''For the purposes of this subchapter and part C of subchapter I of chapter 34 of title 42, a branch of an eligible institution, as defined pursuant to regulations of the Secretary, is a separate institution of higher education and shall separately meet all the requirements of this subchapter and part C of subchapter I of chapter 34 of title 42, except that such institution shall not be required (under section 1088(b)(5) or 1088(c)(3) of this title) to be in existence for 2 years prior to seeking such certification unless such institution was in existence as a branch for less than 2 years.'' EFFECTIVE DATE OF 1998 AMENDMENT Amendment by sections 102(a)(6)(B), (b)(6), (7) and 493(a), (b), (d)−(h) of 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. Pub. L. 105−244, title IV, Sec. 493(c)(2), Oct. 7, 1998, 112 Stat. 1762, provided that: ''The amendment made by paragraph (1) (amending this section) shall be effective with respect to any

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unpaid refunds that were first required to be paid to a lender or to the Secretary on or after 90 days after the date of enactment of this Act (Oct. 7, 1998).'' EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103−208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102−325, except as otherwise provided, see section 5(a) of Pub. L. 103−208, set out as a note under section 1051 of this title. EFFECTIVE DATE Subpart effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1087dd, 1094, 1099c−1, 5938 of this title. −CITE− 20 USC Sec. 1099c−1 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity subpart 3 − eligibility and certification procedures −HEAD− Sec. 1099c−1. Program review and data

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−STATUTE− (a) General authority In order to strengthen the administrative capability and financial responsibility provisions of this subchapter and part C of subchapter I of chapter 34 of title 42, the Secretary − (1) shall provide for the conduct of program reviews on a systematic basis designed to include all institutions of higher education participating in programs authorized by this subchapter and part C of subchapter I of chapter 34 of title 42; (2) shall give priority for program review to institutions of higher education that are − (A) institutions with a cohort default rate for loans under part B of this subchapter in excess of 25 percent or which places such institutions in the highest 25 percent of such institutions; (B) institutions with a default rate in dollar volume for loans under part B of this subchapter which places the institutions in the highest 25 percent of such institutions; (C) institutions with a significant fluctuation in Federal Stafford Loan volume, Federal Direct Stafford/Ford Loan volume, or Federal Pell Grant award volume, or any combination thereof, in the year for which the determination is made, compared to the year prior to such year, that are not accounted for by changes in the Federal Stafford Loan program, the Federal Direct Stafford/Ford Loan program, or the Pell Grant program, or any combination thereof;

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(D) institutions reported to have deficiencies or financial aid problems by the State licensing or authorizing agency, or by the appropriate accrediting agency or association; (E) institutions with high annual dropout rates; and (F) such other institutions that the Secretary determines may pose a significant risk of failure to comply with the administrative capability or financial responsibility provisions of this subchapter and part C of subchapter I of chapter 34 of title 42; and (3) shall establish and operate a central data base of information on institutional accreditation, eligibility, and certification that includes − (A) all relevant information available to the Department; (B) all relevant information made available by the Secretary of Veterans Affairs; (C) all relevant information from accrediting agencies or associations; (D) all relevant information available from a guaranty agency; and (E) all relevant information available from States under subpart 1 of this part. (b) Special administrative rules In carrying out paragraphs (1) and (2) of subsection (a) of this section and any other relevant provisions of this subchapter and part C of subchapter I of chapter 34 of title 42, the Secretary shall −

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(1) establish guidelines designed to ensure uniformity of practice in the conduct of program reviews of institutions of higher education; (2) make available to each institution participating in programs authorized under this subchapter and part C of subchapter I of chapter 34 of title 42 complete copies of all review guidelines and procedures used in program reviews; (3) permit the institution to correct or cure an administrative, accounting, or recordkeeping error if the error is not part of a pattern of error and there is no evidence of fraud or misconduct related to the error; (4) base any civil penalty assessed against an institution of higher education resulting from a program review or audit on the gravity of the violation, failure, or misrepresentation; and (5) inform the appropriate State and accrediting agency or association whenever the Secretary takes action against an institution of higher education under this section, section 1099c of this title, or section 1082 of this title. (c) Data collection rules The Secretary shall develop and carry out a plan for the data collection responsibilities described in paragraph (3) of subsection (a) of this section. The Secretary shall make the information obtained under such paragraph (3) readily available to all institutions of higher education, guaranty agencies, States, and other organizations participating in the programs authorized by this subchapter and part C of subchapter I of chapter 34 of title

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42. (d) Training The Secretary shall provide training to personnel of the Department, including criminal investigative training, designed to improve the quality of financial and compliance audits and program reviews conducted under this subchapter and part C of subchapter I of chapter 34 of title 42. (e) Special rule The provisions of section 3403(b) of this title shall not apply to Secretarial determinations made regarding the appropriate length of instruction for programs measured in clock hours. −SOURCE− (Pub. L. 89−329, title IV, Sec. 498A, as added Pub. L. 102−325, title IV, Sec. 499, July 23, 1992, 106 Stat. 652; amended Pub. L. 103−208, Sec. 2(i)(15), Dec. 20, 1993, 107 Stat. 2480; Pub. L. 105−244, title IV, Sec. 494, Oct. 7, 1998, 112 Stat. 1763.) −MISC1− AMENDMENTS 1998 − Subsec. (a)(2). Pub. L. 105−244, Sec. 494(1)(A)(i), substituted ''shall'' for ''may'' in introductory provisions. Subsec. (a)(2)(C). Pub. L. 105−244, Sec. 494(1)(A)(ii), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ''institutions with a significant fluctuation in Federal Stafford Loan volume or Federal Pell Grant awards, or both, in the year for which the determination is made compared to the year prior to such year;''.

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Subsec. (a)(2)(D). Pub. L. 105−244, Sec. 494(1)(A)(iii), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ''institutions reported to have deficiencies or financial aid problems by the appropriate State postsecondary review entity designated under subpart 1 of this part or by the appropriate accrediting agency or association;''. Subsec. (a)(2)(E). Pub. L. 105−244, Sec. 494(1)(A)(iv), inserted ''and'' after the semicolon. Subsec. (a)(2)(F), (G). Pub. L. 105−244, Sec. 494(1)(A)(v), added subpar. (F) and struck out former subpars. (F) and (G) which read as follows: ''(F) any institution which is required to be reviewed by a State postsecondary review entity pursuant to subpart 1 of this part under section 1099a−3(b) of this title; and ''(G) such other institutions as the Secretary deems necessary; and''. Subsec. (a)(3)(A). Pub. L. 105−244, Sec. 494(1)(B), inserted ''relevant'' after ''all''. Subsec. (b). Pub. L. 105−244, Sec. 494(2), amended heading and text of subsec. (b). Prior to amendment, text read as follows: ''(1) In carrying out paragraphs (1) and (2) of subsection (a) of this section, the Secretary shall establish guidelines designed to ensure uniformity of practice in the conduct of program reviews of institutions of higher education. ''(2) The Secretary shall review the regulations of the Department and the application of such regulations to ensure the

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uniformity of interpretation and application of the regulations.'' 1993 − Subsec. (e). Pub. L. 103−208 struck out comma after ''title''. EFFECTIVE DATE OF 1998 AMENDMENT 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. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103−208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102−325, except as otherwise provided, see section 5(a) of Pub. L. 103−208, set out as a note under section 1051 of this title. −CITE− 20 USC Sec. 1099c−2 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER IV − STUDENT ASSISTANCE Part G − Program Integrity subpart 3 − eligibility and certification procedures −HEAD− Sec. 1099c−2. Review of regulations −STATUTE− (a) Review required The Secretary shall review each regulation issued under this subchapter and part C of subchapter I of chapter 34 of title 42

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that is in effect at the time of the review and applies to the operations or activities of any participant in the programs assisted under this subchapter and part C of subchapter I of chapter 34 of title 42. The review shall include a determination of whether the regulation is duplicative, or is no longer necessary. The review may involve one or more of the following: (1) An assurance of the uniformity of interpretation and application of such regulations. (2) The establishment of a process for ensuring that eligibility and compliance issues, such as institutional audit, program review, and recertification, are considered simultaneously. (3) A determination of the extent to which unnecessary costs are imposed on institutions of higher education as a consequence of the applicability to the facilities and equipment of such institutions of regulations prescribed for purposes of regulating industrial and commercial enterprises. (b) Regulatory and statutory relief for small volume institutions The Secretary shall review and evaluate ways in which regulations under and provisions of this chapter affecting institution of higher education (other than institutions described in section 1002(a)(1)(C) of this title), that have received in each of the two most recent award years prior to October 7, 1998, less than $200,000 in funds through this subchapter and part C of subchapter I of chapter 34 of title 42, may be improved, streamlined, or eliminated.

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(c) Consultation In carrying out subsections (a) and (b) of this section, the Secretary shall consult with relevant representatives of institutions participating in the programs authorized by this subchapter and part C of subchapter I of chapter 34 of title 42. (d) Reports to Congress (1) In general The Secretary shall submit, not later than 1 year after October 7, 1998, a report to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing the Secretary's findings and recommendations based on the reviews conducted under subsections (a) and (b) of this section, including a timetable for implementation of any recommended changes in regulations and a description of any recommendations for legislative changes. (2) Additional reports Not later than January 1, 2003, the Secretary shall submit a report to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing the Secretary's findings and recommendations based on the review conducted under subsection (a) of this section, including a timetable for implementation of any recommended changes in regulations and a description of any recommendations for legislative changes. −SOURCE− (Pub. L. 89−329, title IV, Sec. 498B, as added Pub. L. 105−244,

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title IV, Sec. 495, Oct. 7, 1998, 112 Stat. 1764.) −REFTEXT− REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ''this Act'', meaning Pub. L. 89−329, as amended, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. −MISC2− EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105−244, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1098 of this title. −CITE− 20 USC SUBCHAPTER V − DEVELOPING INSTITUTIONS 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS . −HEAD− SUBCHAPTER V − DEVELOPING INSTITUTIONS

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−COD− CODIFICATION Title V of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89−329, Nov. 8, 1965, 79 Stat. 1254; amended Pub. L. 90−35, June 29, 1967, 81 Stat. 81; Pub. L. 90−83, Sept. 11, 1967, 81 Stat. 195; Pub. L. 90−247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 90−575, Oct. 16, 1968, 82 Stat. 1014; Pub. L. 91−230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92−318, June 23, 1972, 86 Stat. 235; Pub. L. 93−380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94−482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95−43, June 15, 1977, 91 Stat. 213; Pub. L. 95−561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 96−49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96−88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96−374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97−35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97−300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98−558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99−386, Aug. 22, 1986, 100 Stat. 821; Pub. L. 99−498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100−50, June 3, 1987, 101 Stat. 335; Pub. L. 101−226, Dec. 12, 1989, 103 Stat. 1928; Pub. L. 102−325, July 23, 1992, 106 Stat. 448; Pub. L. 103−208, Dec. 20, 1993, 107 Stat. 2457; Pub. L. 103−227, Mar. 31, 1994, 108 Stat. 125; Pub. L. 103−382, Oct. 20, 1994, 108 Stat. 3518. Title V is shown herein, however, as having been added by Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1765, without reference to those intervening amendments because of the extensive revision of title V by Pub. L. 105−244. −SECREF−

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SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1070a−14, 1124 of this title; title 8 section 1613. −CITE− 20 USC Part A − Hispanic−Serving Institutions 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part A − Hispanic−Serving Institutions . −HEAD− Part A − Hispanic−Serving Institutions −MISC1− PRIOR PROVISIONS A prior part A consisted of sections 1102 to 1102j and related to State and local programs for teacher excellence prior to the general amendment of this subchapter by Pub. L. 105−244. −SECREF− PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 1103a of this title. −CITE− 20 USC Sec. 1101 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

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SUBCHAPTER V − DEVELOPING INSTITUTIONS Part A − Hispanic−Serving Institutions −HEAD− Sec. 1101. Findings; purpose; and program authority −STATUTE− (a) Findings Congress makes the following findings: (1) Hispanic Americans are at high risk of not enrolling or graduating from institutions of higher education. (2) Disparities between the enrollment of non−Hispanic white students and Hispanic students in postsecondary education are increasing. Between 1973 and 1994, enrollment of white secondary school graduates in 4−year institutions of higher education increased at a rate two times higher than that of Hispanic secondary school graduates. (3) Despite significant limitations in resources, Hispanic−serving institutions provide a significant proportion of postsecondary opportunities for Hispanic students. (4) Relative to other institutions of higher education, Hispanic−serving institutions are underfunded. Such institutions receive significantly less in State and local funding, per full−time equivalent student, than other institutions of higher education. (5) Hispanic−serving institutions are succeeding in educating Hispanic students despite significant resource problems that − (A) limit the ability of such institutions to expand and

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improve the academic programs of such institutions; and (B) could imperil the financial and administrative stability of such institutions. (6) There is a national interest in remedying the disparities described in paragraphs (2) and (4) and ensuring that Hispanic students have an equal opportunity to pursue postsecondary opportunities. (b) Purpose The purpose of this subchapter is to − (1) expand educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) expand and enhance the academic offerings, program quality, and institutional stability of colleges and universities that are educating the majority of Hispanic college students and helping large numbers of Hispanic students and other low−income individuals complete postsecondary degrees. (c) Program authority The Secretary shall provide grants and related assistance to Hispanic−serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic students and other low−income individuals. −SOURCE− (Pub. L. 89−329, title V, Sec. 501, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1765.) −MISC1− PRIOR PROVISIONS

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A prior section 1101, Pub. L. 89−329, title V, Sec. 500, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 653, set forth findings of Congress and purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1101, Pub. L. 89−329, title V, Sec. 501, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1495, related to statement of purpose and applicability of this subchapter, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1101, Pub. L. 89−329, title V, Sec. 511, Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90−35, Sec. 3(a)(3), (b), June 29, 1967, 81 Stat. 85; Pub. L. 90−575, title II, Sec. 231 (a), (b)(1), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 91−230, title VIII, Sec. 804(b), 805(a), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L. 92−318, title I, Sec. 141(a)(1)(A), (c)(1)(C), June 23, 1972, 86 Stat. 284, 285; Pub. L. 93−380, title VIII, Sec. 835(a)(1), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94−482, title I, Sec. 151(a)(5)(A), 152(a), Oct. 12, 1976, 90 Stat. 2152; Pub. L. 96−49, Sec. 6(a), Aug. 13, 1979, 93 Stat. 353; Pub. L. 96−374, title V, Sec. 501(a), Oct. 3, 1980, 94 Stat. 1459, set forth statement of purpose and authorization of appropriations for Teacher Corps program, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. A prior section 501 of Pub. L. 89−329 was classified to section 1102 of this title prior to the general amendment of this

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subchapter by Pub. L. 105−244. Another prior section 501 of Pub. L. 89−329 was classified to section 1091 of this title prior to repeal by Pub. L. 94−482. EFFECTIVE DATE Subchapter effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105−244, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. NATIONAL JOB BANK FOR TEACHER RECRUITMENT Pub. L. 102−325, title XIV, Sec. 1412, July 23, 1992, 106 Stat. 822, authorized Secretary of Education to conduct study on feasibility of establishing national and regional clearinghouses to operate national and regional teacher job banks and to contract one or more entities to establish a national or regional teacher job bank clearinghouse, prior to repeal by Pub. L. 105−332, Sec. 6(b)(2), Oct. 31, 1998, 112 Stat. 3128. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL−BASED DECISIONMAKERS DEMONSTRATION PROGRAM Pub. L. 102−325, title XV, Sec. 1531, July 23, 1992, 106 Stat. 834, authorized Secretary of Education to make grants to local education agencies, in consortia with one or more institutions of higher education, to establish programs to provide training and technical assistance to school−based decisionmakers in local education agencies implementing system−wide reform, prior to repeal by Pub. L. 105−332, Sec. 6(b)(3), Oct. 31, 1998, 112 Stat. 3128. −SECREF−

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SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103 of this title. −CITE− 20 USC Sec. 1101a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part A − Hispanic−Serving Institutions −HEAD− Sec. 1101a. Definitions; eligibility −STATUTE− (a) Definitions For the purpose of this subchapter: (1) Educational and general expenditures The term ''educational and general expenditures'' means the total amount expended by an institution for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers that the institution is required to pay by law. (2) Eligible institution The term ''eligible institution'' means − (A) an institution of higher education − (i) that has an enrollment of needy students as required by

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subsection (b) of this section; (ii) except as provided in section 1103a(b) of this title, the average educational and general expenditures of which are low, per full−time equivalent undergraduate student, in comparison with the average educational and general expenditures per full−time equivalent undergraduate student of institutions that offer similar instruction; (iii) that is − (I) legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelor's degree; or (II) a junior or community college; (iv) that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or that is, according to such an agency or association, making reasonable progress toward accreditation; (v) that meets such other requirements as the Secretary may prescribe; and (vi) that is located in a State; and (B) any branch of any institution of higher education described under subparagraph (A) that by itself satisfies the requirements contained in clauses (i) and (ii) of such subparagraph. For purposes of the determination of whether an institution is an eligible institution under this paragraph, the factor described

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under subparagraph (A)(i) shall be given twice the weight of the factor described under subparagraph (A)(ii). (3) Endowment fund The term ''endowment fund'' means a fund that − (A) is established by State law, by a Hispanic−serving institution, or by a foundation that is exempt from Federal income taxation; (B) is maintained for the purpose of generating income for the support of the institution; and (C) does not include real estate. (4) Full−time equivalent students The term ''full−time equivalent students'' means the sum of the number of students enrolled full time at an institution, plus the full−time equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part−time students divided by 12) at such institution. (5) Hispanic−serving institution The term ''Hispanic−serving institution'' means an institution of higher education that − (A) is an eligible institution; (B) at the time of application, has an enrollment of undergraduate full−time equivalent students that is at least 25 percent Hispanic students; and (C) provides assurances that not less than 50 percent of the institution's Hispanic students are low−income individuals.

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(6) Junior or community college The term ''junior or community college'' means an institution of higher education − (A) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; (B) that does not provide an educational program for which the institution awards a bachelor's degree (or an equivalent degree); and (C) that − (i) provides an educational program of not less than 2 years in duration that is acceptable for full credit toward such a degree; or (ii) offers a 2−year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge. (7) Low−income individual The term ''low−income individual'' means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the

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Census. (b) Enrollment of needy students For the purpose of this subchapter, the term ''enrollment of needy students'' means an enrollment at an institution with respect to which − (1) at least 50 percent of the degree students so enrolled are receiving need−based assistance under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 in the second fiscal year preceding the fiscal year for which the determination is made (other than loans for which an interest subsidy is paid pursuant to section 1078 of this title); or (2) a substantial percentage of the students so enrolled are receiving Federal Pell Grants in the second fiscal year preceding the fiscal year for which determination is made, compared to the percentage of students receiving Federal Pell Grants at all such institutions in the second fiscal year preceding the fiscal year for which the determination is made, unless the requirement of this paragraph is waived under section 1103a(a) of this title. −SOURCE− (Pub. L. 89−329, title V, Sec. 502, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1766.) −MISC1− PRIOR PROVISIONS A prior section 1101a, Pub. L. 89−329, title V, Sec. 502, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1496, authorized appropriations for this subchapter, prior to

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the general amendment of this subchapter by Pub. L. 102−325. A prior section 502 of Pub. L. 89−329 was classified to section 1102a of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 502 of Pub. L. 89−329 was classified to section 1091a of this title, prior to repeal by Pub. L. 94−482. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1103, 1103a, 1131−1 of this title; title 42 section 5197h. −CITE− 20 USC Sec. 1101b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part A − Hispanic−Serving Institutions −HEAD− Sec. 1101b. Authorized activities −STATUTE− (a) Types of activities authorized Grants awarded under this subchapter shall be used by Hispanic−serving institutions of higher education to assist the institutions to plan, develop, undertake, and carry out programs to improve and expand the institutions' capacity to serve Hispanic students and other low−income students.

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(b) Authorized activities Grants awarded under this section shall be used for one 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. (3) Support of faculty exchanges, faculty development, curriculum development, academic instruction, and faculty fellowships to assist in attaining advanced degrees in the fellow's field of instruction. (4) Purchase of library books, periodicals, and other educational materials, including telecommunications program material. (5) Tutoring, counseling, and student service programs designed to improve academic success. (6) Funds management, administrative management, and acquisition of equipment for use in strengthening funds management. (7) Joint use of facilities, such as laboratories and libraries. (8) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector.

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(9) Establishing or improving an endowment fund. (10) Creating or improving facilities for Internet or other distance learning academic instruction capabilities, including purchase or rental of telecommunications technology equipment or services. (11) Establishing or enhancing a program of teacher education designed to qualify students to teach in public elementary schools and secondary schools. (12) Establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education. (13) Expanding the number of Hispanic and other underrepresented graduate and professional students that can be served by the institution by expanding courses and institutional resources. (14) Other activities proposed in the application submitted pursuant to section 1101c of this title that − (A) contribute to carrying out the purposes of this subchapter; and (B) are approved by the Secretary as part of the review and acceptance of such application. (c) Endowment fund limitations (1) Portion of grant A Hispanic−serving institution may not use more than 20 percent of the grant funds provided under this subchapter for any fiscal

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year for establishing or improving an endowment fund. (2) Matching required A Hispanic−serving institution that uses any portion of the grant funds provided under this subchapter for any fiscal year for establishing or improving an endowment fund shall provide from non−Federal funds an amount equal to or greater than the portion. (3) Comparability The provisions of part C of subchapter III of this chapter 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). −SOURCE− (Pub. L. 89−329, title V, Sec. 503, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1768.) −MISC1− PRIOR PROVISIONS A prior section 503 of Pub. L. 89−329 was classified to section 1102b of this title prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 503 of Pub. L. 89−329 was classified to section 1091b of this title prior to repeal by Pub. L. 94−482. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103c of this title. −CITE−

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20 USC Sec. 1101c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part A − Hispanic−Serving Institutions −HEAD− Sec. 1101c. Duration of grant −STATUTE− (a) Award period (1) In general The Secretary may award a grant to a Hispanic−serving institution under this subchapter for 5 years. (2) Waitout period A Hispanic−serving institution shall not be eligible to secure a subsequent 5−year grant award under this subchapter until 2 years have elapsed since the expiration of the institution's most recent 5−year grant award under this subchapter, except that for the purpose of this subsection a grant under section 1103c(a) of this title shall not be considered a grant under this subchapter. (b) Planning grants Notwithstanding subsection (a) of this section, the Secretary may award a grant to a Hispanic−serving institution under this subchapter for a period of 1 year for the purpose of preparation of plans and applications for a grant under this subchapter. −SOURCE−

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(Pub. L. 89−329, title V, Sec. 504, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1769.) −MISC1− PRIOR PROVISIONS A prior section 504 of Pub. L. 89−329 was classified to section 1102c of this title prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 504 of Pub. L. 89−329 was classified to section 1091c of this title prior to repeal by Pub. L. 94−482. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1101b of this title. −CITE− 20 USC Sec. 1101d 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part A − Hispanic−Serving Institutions −HEAD− Sec. 1101d. Special rule −STATUTE− No Hispanic−serving institution that is eligible for and receives funds under this subchapter may receive funds under part A or B of subchapter III of this chapter during the period for which funds under this subchapter are awarded.

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−SOURCE− (Pub. L. 89−329, title V, Sec. 505, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1770.) −MISC1− PRIOR PROVISIONS A prior section 505 of Pub. L. 89−329 was classified to section 1102d of this title prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 505 of Pub. L. 89−329 was classified to section 1091d of this title prior to repeal by Pub. L. 94−482. Prior sections 1102 to 1102j were omitted in the general amendment of this subchapter by Pub. L. 105−244. Section 1102, Pub. L. 89−329, title V, Sec. 501, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 655, related to authority and allocation of funds and defined terms. Another prior section 1102, Pub. L. 89−329, title V, Sec. 512, Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90−35, Sec. 3(a)(3), (4), June 29, 1967, 81 Stat. 85; Pub. L. 92−318, title I, Sec. 142, June 23, 1972, 86 Stat. 286; Pub. L. 94−482, title I, Sec. 151(a)(5)(B), Oct. 12, 1976, 90 Stat. 2152; Pub. L. 96−88, title III, Sec. 301(b)(2), title V, Sec. 508(l)(3), Oct. 17, 1979, 93 Stat. 677, 694; Pub. L. 96−374, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, related to establishment and administration of program, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Section 1102a, Pub. L. 89−329, title V, Sec. 502, as added Pub.

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L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 656, related to State applications for allotments. Section 1102b, Pub. L. 89−329, title V, Sec. 503, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 658, related to local applications and use of funds. Section 1102c, Pub. L. 89−329, title V, Sec. 504, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 661, related to State uses of funds. Section 1102d, Pub. L. 89−329, title V, Sec. 505, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 663; amended Pub. L. 103−208, Sec. 2(j)(1), Dec. 20, 1993, 107 Stat. 2480, related to State Academies for teachers. Section 1102e, Pub. L. 89−329, title V, Sec. 506, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 666, related to State Academies for school leaders. Section 1102f, Pub. L. 89−329, title V, Sec. 507, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 669, related to uses of funds by institutions of higher education. Section 1102g, Pub. L. 89−329, title V, Sec. 508, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 670, related to professional development academies. Section 1102h, Pub. L. 89−329, title V, Sec. 509, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 673, required that Federal funds supplement, not supplant, regular non−Federal funds. Section 1102i, Pub. L. 89−329, title V, Sec. 510, as added Pub.

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L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 673, related to coordination with other programs. Section 1102j, Pub. L. 89−329, title V, Sec. 510A, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 674, authorized appropriations for State and local programs for teacher excellence. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103c of this title. −CITE− 20 USC Part B − General Provisions 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions . −HEAD− Part B − General Provisions −MISC1− PRIOR PROVISIONS A prior part B consisted of sections 1103 to 1103g and related to National Teacher Academies prior to the general amendment of this subchapter by Pub. L. 105−244. −CITE− 20 USC Sec. 1103 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD− Sec. 1103. Eligibility; applications −STATUTE− (a) Institutional eligibility Each Hispanic−serving institution desiring to receive assistance under this subchapter shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Hispanic−serving institution as defined in section 1101a of this title, along with such other data and information as the Secretary may by regulation require. (b) Applications (1) Applications required Any institution which is eligible for assistance under this subchapter 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 assistance. Subject to the availability of appropriations to carry out this subchapter, the Secretary may approve an application for a grant under this subchapter only if the Secretary determines that − (A) the application meets the requirements of subsection (b)

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of this section; and (B) the institution is eligible for assistance in accordance with the provisions of this subchapter under which the assistance is sought. (2) Preliminary applications In carrying out paragraph (1), the Secretary may develop a preliminary application for use by Hispanic−serving institutions applying under this subchapter prior to the submission of the principal application. (c) Contents A Hispanic−serving institution, in the institution's application for a grant, shall − (1) set forth, or describe how the institution will develop, a comprehensive development plan to strengthen the institution's academic quality and institutional management, and otherwise provide for institutional self−sufficiency and growth (including measurable objectives for the institution and the Secretary to use in monitoring the effectiveness of activities under this subchapter); (2) include a 5−year plan for improving the assistance provided by the Hispanic−serving institution to Hispanic students and other low−income individuals; (3) set forth policies and procedures to ensure that Federal funds made available under this subchapter 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 purposes

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of section 1101(b) of this title, and in no case supplant those funds; (4) set forth policies and procedures for evaluating the effectiveness in accomplishing the purpose of the activities for which a grant is sought under this subchapter; (5) provide for such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of and accounting for funds made available to the institution under this subchapter; (6) provide that the institution will comply with the limitations set forth in section 1103e of this title; (7) describe in a comprehensive manner any proposed project for which funds are sought under the application and include − (A) a description of the various components of the proposed project, including the estimated time required to complete each such component; (B) in the case of any development project that consists of several components (as described by the institution pursuant to subparagraph (A)), a statement identifying those components which, if separately funded, would be sound investments of Federal funds and those components which would be sound investments of Federal funds only if funded under this subchapter in conjunction with other parts of the development project (as specified by the institution); (C) an evaluation by the institution of the priority given any proposed project for which funds are sought in relation to

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any other projects for which funds are sought by the institution under this subchapter, and a similar evaluation regarding priorities among the components of any single proposed project (as described by the institution pursuant to subparagraph (A)); (D) a detailed budget showing the manner in which funds for any proposed project would be spent by the institution; and (E) a detailed description of any activity which involves the expenditure of more than $25,000, as identified in the budget referred to in subparagraph (D); (8) provide for making reports, in such form and containing such information, as the Secretary may require to carry out the Secretary's functions under this subchapter, including not less than one report annually setting forth the institution's progress toward achieving the objectives for which the funds were awarded and for keeping such records and affording such access to such records, as the Secretary may find necessary to assure the correctness and verification of such reports; and (9) include such other information as the Secretary may prescribe. (d) Priority With respect to applications for assistance under this section, the Secretary shall give priority to an application that contains satisfactory evidence that the Hispanic−serving institution has entered into or will enter into a collaborative arrangement with at least one local educational agency or community−based organization

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to provide such agency or organization with assistance (from funds other than funds provided under this subchapter) in reducing dropout rates for Hispanic students, improving rates of academic achievement for Hispanic students, and increasing the rates at which Hispanic secondary school graduates enroll in higher education. (e) Eligibility data The Secretary shall use the most recent and relevant data concerning the number and percentage of students receiving need−based assistance under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 in making eligibility determinations and shall advance the base−year for the determinations forward following each annual grant cycle. −SOURCE− (Pub. L. 89−329, title V, Sec. 511, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1770.) −MISC1− PRIOR PROVISIONS A prior section 1103, Pub. L. 89−329, title V, Sec. 511, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 674, established program of grants for National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1103, Pub. L. 89−329, title V, Sec. 511, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1496, set forth statement of purpose for former part A of

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this subchapter relating to midcareer teacher training for nontraditional students, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1103, Pub. L. 89−329, title V, Sec. 513, Nov. 8, 1965, 79 Stat. 1256; Pub. L. 90−35, Sec. 3(a)(3), (c)−(f), June 29, 1967, 81 Stat. 85, 86; Pub. L. 91−230, title VIII, Sec. 803, 804(c), (d), 805(b), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L. 93−380, title VIII, Sec. 835(a)(2), (3), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94−482, title I, Sec. 151(a)(5)(C), 152(b)−(d), Oct. 12, 1976, 90 Stat. 2152, 2153; Pub. L. 96−374, title V, Sec. 502(a)−(d), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1459, 1503, related to recruitment, enrollment, training, etc., of members for program, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480. A prior section 511 of Pub. L. 89−329 was classified to section 1101 of this title prior to repeal by Pub. L. 97−35. −CITE− 20 USC Sec. 1103a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD− Sec. 1103a. Waiver authority and reporting requirement −STATUTE−

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(a) Waiver requirements; need−based assistance students The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(i) of this title in the case of an institution − (1) that is extensively subsidized by the State in which the institution is located and charges low or no tuition; (2) that serves a substantial number of low−income students as a percentage of the institution's total student population; (3) that is contributing substantially to increasing higher education opportunities for educationally disadvantaged, underrepresented, or minority students, who are low−income individuals; (4) which is substantially increasing higher educational opportunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions; or (5) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans. (b) Waiver determinations; expenditures (1) Waiver determinations The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(ii) of this title if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution's failure to meet the requirements is due to factors which, when used in the determination of compliance with the requirements, distort such determination, and that the institution's designation as an eligible institution under part A

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of this subchapter is otherwise consistent with the purposes of this subchapter. (2) Expenditures The Secretary shall submit to Congress every other year a report concerning the institutions that, although not satisfying the requirements of section 1101a(a)(2)(A)(ii) of this title, have been determined to be eligible institutions under part A of this subchapter. Such report shall − (A) identify the factors referred to in paragraph (1) that were considered by the Secretary as factors that distorted the determination of compliance with clauses (i) and (ii) of section 1101a(a)(2)(A) of this title; and (B) contain a list of each institution determined to be an eligible institution under part A of this subchapter including a statement of the reasons for each such determination. −SOURCE− (Pub. L. 89−329, title V, Sec. 512, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1772.) −MISC1− PRIOR PROVISIONS A prior section 1103a, Pub. L. 89−329, title V, Sec. 512, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 674, related to eligible recipients, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1103a, Pub. L. 89−329, title V, Sec. 512, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100

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Stat. 1496, related to selection procedures for grants to institutions offering midcareer teacher training for nontraditional students, prior to the general amendment of this subchapter by Pub. L. 102−325. A prior section 512 of Pub. L. 89−329 was classified to section 1102 of this title prior to repeal by Pub. L. 97−35. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1101a of this title. −CITE− 20 USC Sec. 1103b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD− Sec. 1103b. Application review process −STATUTE− (a) Review panel All applications submitted under this subchapter by Hispanic−serving institutions shall be read by a panel of readers composed of individuals who are selected by the Secretary and who include individuals representing Hispanic−serving institutions. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with

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regard to the application that might impair the impartiality with which the individual conducts the review under this section. (b) Instruction All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under this subchapter that are consistent with the provisions of this subchapter, including − (1) an enumeration of the factors to be used to determine the quality of applications submitted under this subchapter; and (2) an enumeration of the factors to be used to determine whether a grant should be awarded for a project under this subchapter, the amount of any such grant, and the duration of any such grant. (c) Recommendations of panel In awarding grants under this subchapter, the Secretary shall take into consideration the recommendations of the panel made under subsection (a) of this section. (d) Notification Not later than June 30 of each year, the Secretary shall notify each Hispanic−serving institution making an application under this subchapter of − (1) the scores given the institution by the panel pursuant to this section; (2) the recommendations of the panel with respect to such application; and (3) the reasons for the decision of the Secretary in awarding

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or refusing to award a grant under this subchapter, and any modifications, if any, in the recommendations of the panel made by the Secretary. −SOURCE− (Pub. L. 89−329, title V, Sec. 513, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1772.) −MISC1− PRIOR PROVISIONS A prior section 1103b, Pub. L. 89−329, title V, Sec. 513, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 674, related to use of funds, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1103b, Pub. L. 89−329, title V, Sec. 513, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1497, related to review of applications for grants, prior to the general amendment of this subchapter by Pub. L. 102−325. A prior section 513 of Pub. L. 89−329 was classified to section 1103 of this title prior to repeal by Pub. L. 97−35. −CITE− 20 USC Sec. 1103c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD−

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Sec. 1103c. Cooperative arrangements −STATUTE− (a) General authority The Secretary may make grants to encourage cooperative arrangements with funds available to carry out this subchapter, between Hispanic−serving institutions eligible for assistance under this subchapter, and between such institutions and institutions not receiving assistance under this subchapter, for the activities described in section 1101b of this title so that the resources of the cooperating institutions might be combined and shared in order to achieve the purposes of this subchapter, to avoid costly duplicative efforts, and to enhance the development of Hispanic−serving institutions. (b) Priority The Secretary shall give priority to grants for the purposes described under subsection (a) of this section whenever the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant Hispanic−serving institution. (c) Duration Grants to Hispanic−serving institutions having a cooperative arrangement may be made under this section for a period determined under section 1101d of this title. −SOURCE− (Pub. L. 89−329, title V, Sec. 514, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1773.)

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−MISC1− PRIOR PROVISIONS A prior section 1103c, Pub. L. 89−329, title V, Sec. 514, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 675, related to applications for grants, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1103c, Pub. L. 89−329, title V, Sec. 514, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1497, related to amount of grants to institutions offering midcareer teacher training for nontraditional students, prior to the general amendment of this subchapter by Pub. L. 102−325. A prior section 514 of Pub. L. 89−329 was classified to section 1104 of this title prior to repeal by Pub. L. 97−35. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1101c of this title. −CITE− 20 USC Sec. 1103d 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD− Sec. 1103d. Assistance to institutions under other programs −STATUTE−

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(a) Assistance eligibility Each Hispanic−serving institution that the Secretary determines to be an institution eligible under this subchapter may be eligible for waivers in accordance with subsection (b) of this section. (b) Waiver applicability (1) In general Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by a Hispanic−serving institution referred to in subsection (a) of this section for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such application is otherwise approvable, to waive any requirement for a non−Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions. (2) Programs The provisions of this section shall apply to any program authorized by subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 or section 1124 of this title. (c) Limitation The Secretary shall not waive, under subsection (b) of this section, the non−Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any

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fiscal year. −SOURCE− (Pub. L. 89−329, title V, Sec. 515, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1773.) −MISC1− PRIOR PROVISIONS A prior section 1103d, Pub. L. 89−329, title V, Sec. 515, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 676, related to State delegations to National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1103d, Pub. L. 89−329, title V, Sec. 515, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1497, required reports to Secretary from institutions receiving grants, prior to the general amendment of this subchapter by Pub. L. 102−325. A prior section 515 of Pub. L. 89−329 was classified to section 1105 of this title prior to repeal by Pub. L. 97−35. −CITE− 20 USC Sec. 1103e 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD−

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Sec. 1103e. Limitations −STATUTE− The funds appropriated under section 1103g of this title may not be used − (1) for a school or department of divinity or any religious worship or sectarian activity; (2) for an activity that is inconsistent with a State plan for desegregation of higher education applicable to a Hispanic−serving institution; (3) for an activity that is inconsistent with a State plan of higher education applicable to a Hispanic−serving institution; or (4) for purposes other than the purposes set forth in the approved application under which the funds were made available to a Hispanic−serving institution. −SOURCE− (Pub. L. 89−329, title V, Sec. 516, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1774.) −MISC1− PRIOR PROVISIONS A prior section 1103e, Pub. L. 89−329, title V, Sec. 516, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 676, related to selection of participants in National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105−244. A prior section 516 of Pub. L. 89−329 was classified to section 1106 of this title prior to repeal by Pub. L. 97−35.

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−SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103 of this title. −CITE− 20 USC Sec. 1103f 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD− Sec. 1103f. Penalties −STATUTE− Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of Federal financial assistance or grant pursuant to this subchapter embezzles, willfully misapplies, steals, or obtains by fraud any of the funds that are the subject of such grant or assistance, shall be fined not more than $10,000 or imprisoned for not more than 2 years, or both. −SOURCE− (Pub. L. 89−329, title V, Sec. 517, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1774.) −MISC1− PRIOR PROVISIONS A prior section 1103f, Pub. L. 89−329, title V, Sec. 517, as

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added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 677, related to evaluation of system of National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105−244. A prior section 517 of Pub. L. 89−329 was classified to section 1107 of this title prior to repeal by Pub. L. 97−35. −CITE− 20 USC Sec. 1103g 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER V − DEVELOPING INSTITUTIONS Part B − General Provisions −HEAD− Sec. 1103g. Authorizations of appropriations −STATUTE− (a) Authorizations There are authorized to be appropriated to carry out this subchapter $62,500,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years. (b) Use of multiple year awards In the event of a multiple year award to any Hispanic−serving institution under this subchapter, the Secretary shall make funds available for such award from funds appropriated for this subchapter for the fiscal year in which such funds are to be used by the institution.

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−SOURCE− (Pub. L. 89−329, title V, Sec. 518, as added Pub. L. 105−244, title V, Sec. 501, Oct. 7, 1998, 112 Stat. 1774.) −MISC1− PRIOR PROVISIONS A prior section 1103g, Pub. L. 89−329, title V, Sec. 518, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 677, authorized appropriations for National Teacher Academies program, prior to the general amendment of this subchapter by Pub. L. 105−244. A prior section 518 of Pub. L. 89−329 was classified to section 1108 of this title prior to repeal by Pub. L. 94−482. Prior sections 1104 to 1104k, 1105 to 1105i, 1106 to 1106g, and 1107 were omitted in the general amendment of this subchapter by Pub. L. 105−244. Section 1104, Pub. L. 89−329, title V, Sec. 521, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 677, related to purpose of Paul Douglas Teacher Scholarship program and provided that scholarships be referred to as ''Paul Douglas Teacher Scholarships''. A prior section 1104, Pub. L. 89−329, title V, Sec. 514, Nov. 8, 1965, 79 Stat. 1257; Pub. L. 90−35, Sec. 3(a)(3), (g)(1), June 29, 1967, 81 Stat. 85, 86; Pub. L. 90−575, title II, Sec. 232, Oct. 16, 1968, 82 Stat. 1039; Pub. L. 91−230, title VIII, Sec. 804(e), 805(c), Apr. 13, 1970, 84 Stat. 191, 192; Pub. L. 93−380, title VIII, Sec. 835(a)(4), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94−482,

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title I, Sec. 152(e), Oct. 12, 1976, 90 Stat. 2153; Pub. L. 96−374, title V, Sec. 502(e), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1459, 1503, set forth provisions respecting compensation of program members, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Section 1104a, Pub. L. 89−329, title V, Sec. 522, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 677, related to allocation among States. Section 1104b, Pub. L. 89−329, title V, Sec. 523, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 678, related to State applications for grants. Section 1104c, Pub. L. 89−329, title V, Sec. 524, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 680, related to amount and duration of scholarships and relation to other assistance. Section 1104d, Pub. L. 89−329, title V, Sec. 525, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 680; amended Pub. L. 103−208, Sec. 2(j)(2), Dec. 20, 1993, 107 Stat. 2480, related to selection of Paul Douglas Teacher Scholars. Section 1104e, Pub. L. 89−329, title V, Sec. 526, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 681, related to scholarship conditions. Section 1104f, Pub. L. 89−329, title V, Sec. 527, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 681, related to scholarship repayment provisions. Section 1104g, Pub. L. 89−329, title V, Sec. 528, as added Pub.

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L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 681, related to exceptions to repayment provisions. Section 1104h, Pub. L. 89−329, title V, Sec. 529, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 682, related to Federal administration of State programs and judicial review. Section 1104i, Pub. L. 89−329, title V, Sec. 530, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 682, related to evaluation of scholarship recipients. Section 1104j, Pub. L. 89−329, title V, Sec. 530A, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 683; amended Pub. L. 103−208, Sec. 2(j)(3), Dec. 20, 1993, 107 Stat. 2481, related to designation of shortage areas. Section 1104k, Pub. L. 89−329, title V, Sec. 530B, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 683, authorized appropriations for Paul Douglas Teacher Scholarship program. Section 1105, Pub. L. 89−329, title V, Sec. 531, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 684, related to purpose of Christa McAuliffe fellowship program and provided that fellowship recipients be known as ''Christa McAuliffe fellows''. A prior section 1105, Pub. L. 89−329, title V, Sec. 521, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1498, provided that the purpose of former part B of this subchapter was to encourage partnerships between institutions of higher

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education and secondary schools serving low−income students, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1105, Pub. L. 89−329, title V, Sec. 515, Nov. 8, 1965, 79 Stat. 1257; Pub. L. 90−35, Sec. 3(h), June 29, 1967, 81 Stat. 87; Pub. L. 90−83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223, related to applicability of other provisions of laws to members of the Teacher Corps, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Section 1105a, Pub. L. 89−329, title V, Sec. 532, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 684, authorized grants to State education agencies for Christa McAuliffe fellowship program. A prior section 1105a, Pub. L. 89−329, title V, Sec. 522, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1498, related to partnership agreements between institutions of higher education and secondary schools serving low−income students, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1105b, Pub. L. 89−329, title V, Sec. 533, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 684, related to award and use of Christa McAuliffe fellowships. A prior section 1105b, Pub. L. 89−329, title V, Sec. 523, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1498, related to grants to encourage partnerships between institutions of higher education and secondary schools serving

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low−income students, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1105c, Pub. L. 89−329, title V, Sec. 534, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 685, related to selection of Christa McAuliffe fellows. A prior section 1105c, Pub. L. 89−329, title V, Sec. 524, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1499, related to application for grants to encourage the partnership between institutions of higher education and secondary schools serving low−income students, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1105d, Pub. L. 89−329, title V, Sec. 535, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 685; amended Pub. L. 103−208, Sec. 2(j)(4), Dec. 20, 1993, 107 Stat. 2481, related to evaluation of applications. A prior section 1105d, Pub. L. 89−329, title V, Sec. 525, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1499, related to the community college pilot project, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1105e, Pub. L. 89−329, title V, Sec. 536, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 686, related to fellowship repayment provisions. Section 1105f, Pub. L. 89−329, title V, Sec. 537, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 686; amended Pub. L. 103−208, Sec. 2(j)(5), Dec. 20, 1993, 107 Stat. 2481, related to Secretary's responsibilities.

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Section 1105g, Pub. L. 89−329, title V, Sec. 538, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 686, related to State applications for grants. Section 1105h, Pub. L. 89−329, title V, Sec. 539, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 687, related to evaluation of Christa McAuliffe fellows and their impact. Section 1105i, Pub. L. 89−329, title V, Sec. 540, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 687, authorized appropriations to carry out Christa McAuliffe fellowship program. Section 1106, Pub. L. 89−329, title V, Sec. 541, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 687, authorized Teacher Corps program. A prior section 1106, Pub. L. 89−329, title V, Sec. 516, Nov. 8, 1965, 79 Stat. 1258, related to supervision and control of members by local educational agencies, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Section 1106a, Pub. L. 89−329, title V, Sec. 542, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 688, related to use of funds. Section 1106b, Pub. L. 89−329, title V, Sec. 543, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 689, related to selection of Teacher Corps members. Section 1106c, Pub. L. 89−329, title V, Sec. 544, as added Pub.

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L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 690, related to State applications for funds. Section 1106d, Pub. L. 89−329, title V, Sec. 545, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 690; amended Pub. L. 103−208, Sec. 2(j)(6), Dec. 20, 1993, 107 Stat. 2481, related to Teacher Corps scholarships. Section 1106e, Pub. L. 89−329, title V, Sec. 546, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 691, related to scholarship conditions. Section 1106f, Pub. L. 89−329, title V, Sec. 547, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 693, related to publication and recruitment. Section 1106g, Pub. L. 89−329, title V, Sec. 548, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 693, authorized appropriations for Teacher Corps program. Section 1107, Pub. L. 89−329, title V, Sec. 551, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 693; amended Pub. L. 103−227, title X, Sec. 1013, Mar. 31, 1994, 108 Stat. 265, related to National Board for Professional Teaching Standards. A prior section 1107, Pub. L. 89−329, title V, Sec. 531, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1500, related to purpose and authority for professional development resource centers program, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1107, Pub. L. 89−329, title V, Sec. 517,

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Nov. 8, 1965, 79 Stat. 1258; Pub. L. 90−35, Sec. 3(a)(3), June 29, 1967, 81 Stat. 85, prohibited members of the Teacher Corps from acting as replacements for teachers, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Prior sections 1107a to 1107d were omitted in the general amendment of this subchapter by Pub. L. 102−325. Section 1107a, Pub. L. 89−329, title V, Sec. 532, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1501, related to geographical distribution of grants to establish and operate professional development resource centers. Another prior section 1107a, Pub. L. 89−329, title V, Sec. 517A, as added Pub. L. 90−35, Sec. 3(i), June 29, 1967, 81 Stat. 87, related to teaching children of migratory agricultural workers, prior to repeal by Pub. L. 97−35, title V, Sec. 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Section 1107b, Pub. L. 89−329, title V, Sec. 533, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1501, related to grant requirements for professional development resource centers. Section 1107c, Pub. L. 89−329, title V, Sec. 534, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1502, related to requirement for professional development policy boards. Section 1107d, Pub. L. 89−329, title V, Sec. 535, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1502, related to submission and approval of applications for grants to

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establish and operate professional development resource centers. Prior sections 1108 to 1108g were repealed by Pub. L. 102−325, title V, Sec. 501(b), July 23, 1992, 106 Stat. 719, effective July 1, 1995. Section 1108, Pub. L. 89−329, title V, Sec. 552, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 698, provided that subpart 2 of former part D of this subchapter could be cited as the ''Alternative Routes to Teacher Certification and Licensure Act of 1992''. A prior section 1108, Pub. L. 89−329, title V, Sec. 518, as added Pub. L. 90−35, Sec. 4, June 29, 1967, 81 Stat. 87; amended Pub. L. 90−575, title II, Sec. 231(a), 233(a), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 92−318, title I, Sec. 141(a)(1)(B), (c)(1)(D), (2)(A), 143(a)(1), June 23, 1972, 86 Stat. 284−286, authorized a program for making grants to States to alleviate teacher shortages, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1108a, Pub. L. 89−329, title V, Sec. 553, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 698, provided congressional findings concerning alternative teacher certification and licensure. Section 1108b, Pub. L. 89−329, title V, Sec. 554, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 698, stated purpose of subpart 2 of former part D of this subchapter. Section 1108c, Pub. L. 89−329, title V, Sec. 555, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 699,

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provided for allotments of funds to States. Section 1108d, Pub. L. 89−329, title V, Sec. 556, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 699; amended Pub. L. 103−382, title II, Sec. 261(i)(2), Oct. 20, 1994, 108 Stat. 3929, related to State applications for grants under subpart 2 of former part D of this subchapter. Section 1108e, Pub. L. 89−329, title V, Sec. 557, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700, outlined permissible uses of funds. Section 1108f, Pub. L. 89−329, title V, Sec. 558, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700, defined ''State'' for purposes of subpart 2 of former part D of this subchapter. Section 1108g, Pub. L. 89−329, title V, Sec. 559, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700, authorized appropriations for fiscal year 1993 to carry out subpart 2 of former part D of this subchapter. Prior sections 1109 to 1109e, 1110 to 1110e, 1111 to 1111h, 1112 to 1112e, and 1113 were omitted in the general amendment of this subchapter by Pub. L. 105−244. Section 1109, Pub. L. 89−329, title V, Sec. 561, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700, set forth purpose of class size demonstration grant program. A prior section 1109, Pub. L. 89−329, title V, Sec. 541, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1503; amended Pub. L. 100−50, Sec. 16(1), June 3, 1987, 101 Stat.

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358; Pub. L. 101−226, Sec. 20, Dec. 12, 1989, 103 Stat. 1936, related to purpose of, and regulations under, leadership in educational administration development program, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1109, Pub. L. 89−329, title V, Sec. 519, as added Pub. L. 90−35, Sec. 4, June 29, 1967, 81 Stat. 88; amended Pub. L. 90−575, title II, Sec. 234(a), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 92−318, title I, Sec. 141(c)(2)(B), June 23, 1972, 86 Stat. 285, authorized allotments and reallotments to States, etc., for grants for implementation of program and set forth criteria for determination of amounts, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1109a, Pub. L. 89−329, title V, Sec. 562, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 700, authorized program of grants for demonstration projects that demonstrate methods of reducing class size. A prior section 1109a, Pub. L. 89−329, title V, Sec. 542, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1504; amended Pub. L. 100−50, Sec. 16(2), June 3, 1987, 101 Stat. 358, related to allocation of appropriations for leadership in educational administration development program, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1109b, Pub. L. 89−329, title V, Sec. 563, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 701, related to program requirements.

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A prior section 1109b, Pub. L. 89−329, title V, Sec. 543, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1504; amended Pub. L. 100−50, Sec. 16(3), June 3, 1987, 101 Stat. 358, related to technical assistance centers under leadership in educational administration development program, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1109c, Pub. L. 89−329, title V, Sec. 564, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 701, related to applications for grants. A prior section 1109c, Pub. L. 89−329, title V, Sec. 544, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1505; amended Pub. L. 100−50, Sec. 16(4), June 3, 1987, 101 Stat. 359, related to general criteria for grants under leadership in educational administration development program, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1109d, Pub. L. 89−329, title V, Sec. 565, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 702, related to evaluation of demonstration projects and dissemination of information. A prior section 1109d, Pub. L. 89−329, title V, Sec. 545, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1505; amended Pub. L. 100−50, Sec. 16(5), June 3, 1987, 101 Stat. 359, defined terms for purposes of leadership in educational administration development program, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1109e, Pub. L. 89−329, title V, Sec. 565A, as added Pub.

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L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 702, authorized appropriations for class size demonstration grant program. Section 1110, Pub. L. 89−329, title V, Sec. 566, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703, stated purpose of middle school teaching demonstration grant program. A prior section 1110, Pub. L. 89−329, title V, Sec. 520, as added Pub. L. 90−35, Sec. 4, June 29, 1967, 81 Stat. 88; amended Pub. L. 90−575, title II, Sec. 233(b), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 92−318, title I, Sec. 143(a)(2), (3), 144(a), 145(a), 146(a), June 23, 1972, 86 Stat. 286, 287, set forth requirements for State plans as prerequisite for receipt of grant by State, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1110a, Pub. L. 89−329, title V, Sec. 567, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703, defined ''developmentally appropriate'' and ''middle school''. A prior section 1110a, Pub. L. 89−329, title V, Sec. 520A, as added Pub. L. 90−35, Sec. 4, June 29, 1967, 81 Stat. 89, set forth manner of repayment of amounts expended by each State for implementation of State plan, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1110b, Pub. L. 89−329, title V, Sec. 568, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703, authorized program of grants for development of model programs with

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specialized focus on teaching grades 6 through 9. A prior section 1110b, Pub. L. 89−329, title V, Sec. 520B, as added Pub. L. 90−35, Sec. 4, June 29, 1967, 81 Stat. 89, set forth requirements for disapproval of State plans by Commissioner, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1110c, Pub. L. 89−329, title V, Sec. 569, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 703, related to applications for grants. A prior section 1110c, Pub. L. 89−329, title V, Sec. 520C, as added Pub. L. 90−35, Sec. 4, June 29, 1967, 81 Stat. 90, set forth procedure for judicial review of determinations of Commissioner with respect to State plan, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1110d, Pub. L. 89−329, title V, Sec. 570, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704, related to submission of reports and other information by grant recipients. Section 1110e, Pub. L. 89−329, title V, Sec. 570A, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704, authorized appropriations for middle school teaching demonstration grant program. Section 1111, Pub. L. 89−329, title V, Sec. 571, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704, stated purpose of new teaching careers grant program.

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A prior section 1111, Pub. L. 89−329, title V, Sec. 551, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1506; amended Pub. L. 100−50, Sec. 17(a), June 3, 1987, 101 Stat. 359, set forth purpose of Congressional teacher scholarship program, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1111, Pub. L. 89−329, title V, Sec. 521, Nov. 8, 1965, 79 Stat. 1258; Pub. L. 90−35, Sec. 5(b), June 29, 1967, 81 Stat. 90; Pub. L. 90−247, title VII, Sec. 704(a), Jan. 2, 1968, 81 Stat. 820; Pub. L. 90−575, title II, Sec. 235, Oct. 16, 1968, 82 Stat. 1040; Pub. L. 91−230, title VIII, Sec. 806(a), Apr. 13, 1970, 84 Stat. 192; Pub. L. 92−318, title I, Sec. 146A, June 23, 1972, 86 Stat. 287, set forth Congressional declaration of policy and statement of purpose, and definitions for fellowship program for teachers and related educational personnel, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1111a, Pub. L. 89−329, title V, Sec. 572, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 704; amended Pub. L. 103−382, title III, Sec. 391(e)(5), Oct. 20, 1994, 108 Stat. 4022, authorized grants to States. A prior section 1111a, Pub. L. 89−329, title V, Sec. 552, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1506, related to allocation of funds among the States for Congressional teacher scholarships, prior to the general amendment of this subchapter by Pub. L. 102−325.

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Section 1111b, Pub. L. 89−329, title V, Sec. 573, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 705, related to agreements with grant recipients. A prior section 1111b, Pub. L. 89−329, title V, Sec. 553, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1506; amended Pub. L. 100−50, Sec. 17(b), June 3, 1987, 101 Stat. 359, related to grant applications for Congressional teacher scholarships, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1111c, Pub. L. 89−329, title V, Sec. 574, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 705, related to applications for grants. A prior section 1111c, Pub. L. 89−329, title V, Sec. 554, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1508, related to amount and duration of assistance under Congressional teacher fellowships and relationship of such assistance to other assistance, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1111d, Pub. L. 89−329, title V, Sec. 575, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 706, related to requirements of recipients of student financial assistance under programs. A prior section 1111d, Pub. L. 89−329, title V, Sec. 555, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1508, related to the selection of Congressional teacher scholars, prior to the general amendment of this subchapter by Pub.

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L. 102−325. Section 1111e, Pub. L. 89−329, title V, Sec. 576, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 707, related to special considerations in awarding grants. A prior section 1111e, Pub. L. 89−329, title V, Sec. 556, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1509, related to conditions for Congressional teacher scholarships, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1111f, Pub. L. 89−329, title V, Sec. 576A, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 707, related to use of funds by grant recipients. A prior section 1111f, Pub. L. 89−329, title V, Sec. 557, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1509; amended Pub. L. 100−50, Sec. 17(c), June 3, 1987, 101 Stat. 359, related to Congressional teacher scholarship repayment provisions, prior to the general amendment of this subchapter by Pub. L. 102−325. Section 1111g, Pub. L. 89−329, title V, Sec. 576B, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 707, defined terms. A prior section 1111g, Pub. L. 89−329, title V, Sec. 558, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1509; amended Pub. L. 100−50, Sec. 17(d), June 3, 1987, 101 Stat. 359, related to exceptions to Congressional teacher scholarship repayment provisions, prior to the general amendment of

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this subchapter by Pub. L. 102−325. Section 1111h, Pub. L. 89−329, title V, Sec. 576C, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708, authorized appropriations for new teaching careers grant program. A prior section 1111h, Pub. L. 89−329, title V, Sec. 559, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1510, related to Federal administration of State programs and judicial review of Congressional teacher scholarship programs, prior to the general of this subchapter by Pub. L. 102−325. Section 1112, Pub. L. 89−329, title V, Sec. 577, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708, stated purpose of grant program to encourage minority students to become teachers. A prior section 1112, Pub. L. 89−329, title V, Sec. 522, Nov. 8, 1965, 79 Stat. 1258; Pub. L. 90−35, Sec. 5(c), June 29, 1967, 81 Stat. 91; Pub. L. 90−247, title VII, Sec. 704(b), Jan. 2, 1968, 81 Stat. 820, authorized Commissioner to award fellowships for graduate study by teaching personnel, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1112a, Pub. L. 89−329, title V, Sec. 578, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708, authorized grants for partnerships. Section 1112b, Pub. L. 89−329, title V, Sec. 579, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 708, related to partnership agreements.

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Section 1112c, Pub. L. 89−329, title V, Sec. 580, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 709, related to applications for teacher partnership program grants. Section 1112d, Pub. L. 89−329, title V, Sec. 580A, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 710, authorized grants for teacher training and placement programs. Section 1112e, Pub. L. 89−329, title V, Sec. 580B, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 710; amended Pub. L. 103−208, Sec. 2(j)(7), Dec. 20, 1993, 107 Stat. 2481, authorized appropriations for programs under sections 1112a and 1112d of this title. Section 1113, Pub. L. 89−329, title V, Sec. 581, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 711; amended Pub. L. 103−208, Sec. 2(j)(8), Dec. 20, 1993, 107 Stat. 2481; Pub. L. 103−382, title III, Sec. 391(e)(6), (7), Oct. 20, 1994, 108 Stat. 4022, 4023, authorized grants for partnerships to carry out National Mini Corps Program. A prior section 1113, Pub. L. 89−329, title V, Sec. 561, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1510, related to purpose of Christa McAuliffe fellowship program and to designation of fellowships under such program, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1113, Pub. L. 89−329, title V, Sec. 523, Nov. 8, 1965, 79 Stat. 1259; Pub. L. 90−35, Sec. 5(d), June 29, 1967, 81 Stat. 91; Pub. L. 90−575, title II, Sec. 236, Oct. 16, 1968, 82 Stat. 1040, required allocation of fellowships to

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institutions with approved programs and set forth criteria for approval of programs, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Prior sections 1113a to 1113e were omitted in the general amendment of this subchapter by Pub. L. 102−325. Section 1113a, Pub. L. 89−329, title V, Sec. 562, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511, related to use of funds for Christa McAuliffe fellowship program. Section 1113b, Pub. L. 89−329, title V, Sec. 563, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511, related to award, distribution, and use of Christa McAuliffe fellowships. Section 1113c, Pub. L. 89−329, title V, Sec. 564, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511, related to selection of Christa McAuliffe teacher fellowships. Section 1113d, Pub. L. 89−329, title V, Sec. 565, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1511, related to evaluation of applications for Christa McAuliffe fellowships. Section 1113e, Pub. L. 89−329, title V, Sec. 566, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1512, related to repayment of Christa McAuliffe fellowships. Prior sections 1114, 1114a, 1115, 1116, and 1117 to 1117c were omitted in the general amendment of this subchapter by Pub. L. 105−244.

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Section 1114, Pub. L. 89−329, title V, Sec. 586, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 712; amended Pub. L. 103−382, title III, Sec. 391(e)(8), (9), Oct. 20, 1994, 108 Stat. 4023, authorized demonstration grants for critical language and area studies. A prior section 1114, Pub. L. 89−329, title V, Sec. 524, Nov. 8, 1965, 79 Stat. 1259; Pub. L. 90−35, Sec. 5(e), June 29, 1967, 81 Stat. 91; Pub. L. 90−575, title II, Sec. 237, Oct. 16, 1968, 82 Stat. 1040, set forth prerequisites for approval of graduate programs to develop and strengthen training of educational personnel, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1114a, Pub. L. 89−329, title V, Sec. 587, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 714, related to development of foreign language and culture instructional materials. Section 1115, Pub. L. 89−329, title V, Sec. 591, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 714, authorized grants for development of model programs for educational excellence, teacher training, and educational reform. A prior section 1115, Pub. L. 89−329, title V, Sec. 571, as added Pub. L. 99−498, title V, Sec. 501(a), Oct. 17, 1986, 100 Stat. 1512, related to State task forces on teacher training, prior to the general amendment of this subchapter by Pub. L. 102−325. Another prior section 1115, Pub. L. 89−329, title V, Sec. 525, Nov. 8, 1965, 79 Stat. 1260; Pub. L. 90−35, Sec. 5(f), June 29,

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1967, 81 Stat. 91; Pub. L. 90−575, title II, Sec. 238, Oct. 16, 1968, 82 Stat. 1040; Pub. L. 92−318, title I, Sec. 141(c)(3), June 23, 1972, 86 Stat. 285, authorized Commissioner to pay stipends to individuals awarded fellowships and additional amounts to institutions of higher education for support of programs, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1116, Pub. L. 89−329, title V, Sec. 593, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 715, authorized grants for development of model programs of development and training of faculty who teach students with disabilities. A prior section 1116, Pub. L. 89−329, title V, Sec. 526, Nov. 8, 1965, 79 Stat. 1260; Pub. L. 92−318, title I, Sec. 131(d)(2)(C), June 23, 1972, 86 Stat. 260, prohibited award of fellowships for study at divinity school or department, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1117, Pub. L. 89−329, title V, Sec. 596, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 716, authorized grants for programs to recruit and train students for careers in early childhood education and violence counseling. A prior section 1117, Pub. L. 89−329, title V, Sec. 527, Nov. 8, 1965, 79 Stat. 1260, set forth conditions imposed upon fellowship recipient, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976. Section 1117a, Pub. L. 89−329, title V, Sec. 597, as added Pub.

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L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 717; amended Pub. L. 103−208, Sec. 2(j)(9), Dec. 20, 1993, 107 Stat. 2481, authorized grants for early childhood staff training and professional enhancement. Section 1117b, Pub. L. 89−329, title V, Sec. 598, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 719, required reports by grant recipients. Section 1117c, Pub. L. 89−329, title V, Sec. 599, as added Pub. L. 102−325, title V, Sec. 501(a), July 23, 1992, 106 Stat. 719, authorized appropriations for activities described in sections 1117 and 1117a of this title. A prior section 1118, Pub. L. 89−329, title V, Sec. 528, Nov. 8, 1965, 79 Stat. 1260; Pub. L. 90−35, Sec. 5(g), June 29, 1967, 81 Stat. 91; Pub. L. 90−247, title VII, Sec. 704(c)(1), Jan. 2, 1968, 81 Stat. 820; Pub. L. 90−575, title II, Sec. 231(a), (b)(2), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 92−318, title I, Sec. 141(a)(1)(B), June 23, 1972, 86 Stat. 284, authorized appropriations for fiscal years 1966 to 1974 to enable persons who were awarded fellowships prior to July 1, 1972, to complete their study under fellowships, prior to repeal by Pub. L. 92−318, title I, Sec. 141(c)(1)(E), June 23, 1972, 86 Stat. 285, eff. on and after July 1, 1972. Prior sections 1119 to 1119e−5 provided for teacher training programs, training for elementary and secondary school teachers to teach handicapped children in areas with a shortage, coordination of education professional development, Carl D. Perkins Scholarship

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program, and National Talented Teacher Fellowship program, prior to the general amendment of this subchapter by Pub. L. 99−498. Section 1119 Pub. L. 89−329, title V, Sec. 531, as added Pub. L. 94−482, title I, Sec. 153, formerly Sec. 153(a), Oct. 12, 1976, 90 Stat. 2154, renumbered Pub. L. 95−43, Sec. 1(b)(5), June 15, 1977, 91 Stat. 218; amended Pub. L. 95−561, title XIII, Sec. 1321(a), Nov. 1, 1978, 92 Stat. 2362; Pub. L. 96−49, Sec. 6(b), Aug. 13, 1979, 93 Stat. 353; Pub. L. 96−374, title V, Sec. 501(b), 503(a), Oct. 3, 1980, 94 Stat. 1459, authorized appropriations for fiscal years 1981 to 1985 to carry out teacher training programs. Another prior section 1119, Pub. L. 89−329, title V, Sec. 531, as added Pub. L. 90−35, Sec. 6, June 29, 1967, 81 Stat. 91; amended Pub. L. 90−247, title VII, Sec. 704(d), Jan. 2, 1968, 81 Stat. 820; Pub. L. 92−318, title I, Sec. 147(a), 148(a), June 23, 1972, 86 Stat. 287, authorized training and retraining programs for education personnel other than higher education personnel, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, effective Sept. 30, 1976. Section 1119a, Pub. L. 89−329, title V, Sec. 532, as added Pub. L. 94−482, title I, Sec. 153, formerly Sec. 153(a), Oct. 12, 1976, 90 Stat. 2154, renumbered Pub. L. 95−43, Sec. 1(b)(5), June 15, 1977, 91 Stat. 218; amended Pub. L. 95−561, title XIII, Sec. 1321(b), Nov. 1, 1978, 92 Stat. 2363; Pub. L. 96−374, title V, Sec. 503(b), (c), title XIII, Sec. 1391(a)(1), (2), Oct. 3, 1980, 94 Stat. 1459, 1460, 1503, related to grants, functions, etc., of teacher centers, prior to repeal by Pub. L. 97−35, title V, Sec.

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587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Another prior section 1119a, Pub. L. 89−329, title V, Sec. 532, as added Pub. L. 92−318, title IV, Sec. 451(b), June 23, 1972, 86 Stat. 344, authorized teachers for Indian children as part of the training and retraining program, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, effective Sept. 30, 1976. Another prior section 1119a, Pub. L. 89−329, title V, Sec. 532, as added Pub. L. 90−35, Sec. 6, June 29, 1967, 81 Stat. 92; amended Pub. L. 90−575, title II, Sec. 231(a), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 92−318, title I, Sec. 141(a)(1)(B), June 23, 1972, 86 Stat. 284, authorized appropriations for fiscal years 1969 to 1972, prior to repeal by section 141(c)(1)(F) of Pub. L. 92−318, effective on and after July 1, 1972. Section 1119a−1, Pub. L. 89−329, title V, Sec. 533, as added Pub. L. 94−482, title I, Sec. 153, Oct. 12, 1976, 90 Stat. 2155; amended Pub. L. 95−43, Sec. 1(a)(42), (b)(5), June 15, 1977, 91 Stat. 217, 218; Pub. L. 96−374, title V, Sec. 504, Oct. 3, 1980, 94 Stat. 1460; Pub. L. 97−300, title I, Sec. 183, Oct. 13, 1982, 96 Stat. 1357, related to grants for training higher education personnel. Another prior section 1119a−1, Pub. L. 89−329, title V, Sec. 533, as added Pub. L. 90−575, title II, Sec. 239, Oct. 16, 1968, 82 Stat. 1040, required an equitable distribution with respect to geography for training programs, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, effective Sept. 30, 1976.

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Section 1119b, Pub. L. 89−329, title V, Sec. 541, as added Pub. L. 96−374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1461, authorized grants to State educational agencies to train teachers for handicapped children. Another prior section 1119b, Pub. L. 89−329, title V, Sec. 541, as added Pub. L. 90−35, Sec. 6, June 29, 1967, 81 Stat. 93, authorized grants or contracts with institutions of higher education for training programs and projects for higher education personnel, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152. Section 1119b−1, Pub. L. 89−329, title V, Sec. 542, as added Pub. L. 96−374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1462, related to applications for grants for training teachers for handicapped children. Another prior section 1119b−1, Pub. L. 89−329, title V, Sec. 542, as added Pub. L. 90−35, Sec. 6, June 29, 1967, 81 Stat. 93, authorized the payment of stipends to persons participating in authorized training programs, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152. Section 1119b−2, Pub. L. 89−329, title V, Sec. 543, as added Pub. L. 96−374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1462, provided for stipends and allowances for participants in program of training teachers for handicapped children. Another prior section 1119b−2, Pub. L. 89−329, title V, Sec. 543, as added Pub. L. 90−35, Sec. 6, June 29, 1967, 81 Stat. 93; amended Pub. L. 90−575, title II, Sec. 231(a), Oct. 16, 1968, 82 Stat.

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1039; Pub. L. 92−318, title I, Sec. 141(a)(1)(B), June 23, 1972, 86 Stat. 284, authorized appropriations for fiscal years 1969 to 1972, prior to repeal by Pub. L. 92−318, title I, Sec. 141(c)(1)(G), June 23, 1972, 86 Stat. 285. Section 1119b−3, Pub. L. 89−329, title V, Sec. 544, as added Pub. L. 96−374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1463, set out conditions for maintaining fellowships in training teachers for handicapped children. Section 1119b−4, Pub. L. 89−329, title V, Sec. 545, as added Pub. L. 96−374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1463, defined ''special education''. Section 1119b−5, Pub. L. 89−329, title V, Sec. 546, as added Pub. L. 96−374, title V, Sec. 505(a), Oct. 3, 1980, 94 Stat. 1463, authorized appropriations for fiscal years 1981 to 1985 to carry out grant program for training teachers for handicapped children. Section 1119c, Pub. L. 89−329, title V, Sec. 551, as added Pub. L. 96−374, title V, Sec. 506, Oct. 3, 1980, 94 Stat. 1463, stated Congressional findings concerning Federal programs to train education professionals. Another prior section 1119c, Pub. L. 89−329, title V, Sec. 551, as added Pub. L. 90−576, title II, Sec. 201, Oct. 16, 1968, 82 Stat. 1091, set forth Congressional declaration of purpose, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(C), title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215. Section 1119c−1, Pub. L. 89−329, title V, Sec. 552, as added Pub. L. 96−374, title V, Sec. 506, Oct. 3, 1980, 94 Stat. 1464, stated

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Congressional declaration of policy concerning Federal programs to support education professional development. Another prior section 1119c−1, Pub. L. 89−329, title V, Sec. 552, as added Pub. L. 90−576, title II, Sec. 201, Oct. 16, 1968, 82 Stat. 1092, related to leadership development awards, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(C), title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215. Section 1119c−2, Pub. L. 89−329, title V, Sec. 553, as added Pub. L. 96−374, title V, Sec. 506, Oct. 3, 1980, 94 Stat. 1464; amended Pub. L. 99−386, title I, Sec. 103(b), Aug. 22, 1986, 100 Stat. 821, established Office of Education Professional Development. Another prior section 1119c−2, Pub. L. 89−329, title V, Sec. 553, as added Pub. L. 90−576, title II, Sec. 201, Oct. 16, 1968, 82 Stat. 1093, related to exchange programs, institutes, and in−service education for vocational education teachers, supervisors, coordinators, and administrators, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(C), title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215. Section 1119c−3, Pub. L. 89−329, title V, Sec. 554, as added Pub. L. 90−576, title II, Sec. 201, Oct. 16, 1968, 82 Stat. 1094, related to familiarizing teachers with new curricular methods, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(C), title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215. Section 1119c−4, Pub. L. 89−329, title V, Sec. 555, as added Pub. L. 94−482, title I, Sec. 151(a)(4)(B), Oct. 12, 1976, 90 Stat. 2152, authorized appropriation for the fiscal years ending prior to

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Oct. 1, 1977, prior to repeal by Pub. L. 94−482, title I, Sec. 151(a)(4)(C), title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2152, 2215. An identical section 555 of Pub. L. 89−329, as added Pub. L. 94−482, title II, Sec. 201(q), Oct. 12, 1976, 90 Stat. 2169, was also classified to section 1119c−4, and was repealed by Pub. L. 94−482, title II, Sec. 204(c)(1), Oct. 12, 1976, 90 Stat. 2215. Another prior section 1119c−4, Pub. L. 89−329, title V, Sec. 555, as added by Pub. L. 90−576, title II, Sec. 201, Oct. 16, 1968, 82 Stat. 1094; amended by Pub. L. 91−230, title VII, Sec. 708, Apr. 13, 1970, 84 Stat. 189, authorized appropriations for fiscal years 1969 to 1972, prior to repeal by Pub. L. 92−318, title I, Sec. 141(c)(1)(H), June 23, 1972, 86 Stat. 285. Section 1119d, Pub. L. 89−329, title V, Sec. 561, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2894, stated purpose and authorized appropriations for Carl D. Perkins Scholarship program. Section 1119d−1, Pub. L. 89−329, title V, Sec. 562, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2894, provided for allocation among States of funds appropriated for Carl D. Perkins Scholarship program. Section 1119d−2, Pub. L. 89−329, title V, Sec. 563, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2894, provided for form, content, and processing of applications for grants to States under Carl D. Perkins Scholarship program. Section 1119d−3, Pub. L. 89−329, title V, Sec. 564, as added Pub.

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L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2896, related to amount and duration of Carl D. Perkins Scholarships and the relationship of Scholarships to other forms of assistance. Section 1119d−4, Pub. L. 89−329, title V, Sec. 565, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2896, provided for selection of Carl D. Perkins Scholars. Section 1119d−5, Pub. L. 89−329, title V, Sec. 566, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2897, provided conditions for continued receipt of Carl D. Perkins Scholarship assistance. Section 1119d−6, Pub. L. 89−329, title V, Sec. 567, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2897, provided for repayment of Carl D. Perkins Scholarship assistance in case of noncompliance with program agreement. Section 1119d−7, Pub. L. 89−329, title V, Sec. 568, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2897, provided exceptions to repayment requirements. Section 1119d−8, Pub. L. 89−329, title V, Sec. 569, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2898, related to Federal administration of State programs to make available Carl D. Perkins Scholarships and judicial review thereof. Section 1119e, Pub. L. 89−329, title V, Sec. 571, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2898, stated purpose of establishing national fellowship program for outstanding teachers. Section 1119e−1, Pub. L. 89−329, title V, Sec. 572, as added Pub.

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L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2898, authorized appropriations for fiscal years 1986 to 1989 for fellowships to outstanding teachers. Section 1119e−2, Pub. L. 89−329, title V, Sec. 573, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2899, provided for program of talented teacher fellowships. Section 1119e−3, Pub. L. 89−329, title V, Sec. 574, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2899, provided for selection of recipients of talented teacher fellowships. Section 1119e−4, Pub. L. 89−329, title V, Sec. 575, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2899, provided for submission and evaluation of applications for talented teacher fellowship assistance. Section 1119e−5, Pub. L. 89−329, title V, Sec. 576, as added Pub. L. 98−558, title VII, Sec. 701, Oct. 30, 1984, 98 Stat. 2900, provided for repayment of awards to Federal Government in case of fraud or gross noncompliance. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103e of this title. −CITE− 20 USC SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

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SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS . −HEAD− SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS −COD− CODIFICATION Title VI of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89−329, title VI, Nov. 8, 1965, 79 Stat. 1261; amended Pub. L. 89−752, Nov. 3, 1966, 80 Stat. 1240; Pub. L. 90−575, Oct. 16, 1968, 82 Stat. 1014; Pub. L. 92−318, June 23, 1972, 86 Stat. 235; Pub. L. 94−482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95−180, Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96−49, Aug. 13, 1979; 93 Stat. 351. Title VI (except for part A) is shown herein, however, as having been added by Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1464, without reference to those intervening amendments because of the extensive revision of the title's provisions by Pub. L. 96−374. −CITE− 20 USC Part A − International and Foreign Language Studies 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies .

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−HEAD− Part A − International and Foreign Language Studies −COD− CODIFICATION Part A of title VI of the Higher Education Act of 1965, comprising this part, was originally enacted by Pub. L. 89−329, title VI, Nov. 8, 1965, 79 Stat. 1261; amended Pub. L. 89−752, Nov. 3, 1966, 80 Stat. 1240; Pub. L. 90−575, Oct. 16, 1968, 82 Stat. 1014; Pub. L. 92−318, June 23, 1972, 86 Stat. 235; Pub. L. 94−482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95−180, Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96−49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96−374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97−375, Dec. 21, 1982, 96 Stat. 1819; Pub. L. 99−386, Aug. 22, 1986, 100 Stat. 821; Pub. L. 99−498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100−50, June 3, 1987, 101 Stat. 335; Pub. L. 102−325, July 23, 1992, 106 Stat. 448; Pub. L. 103−208, Dec. 20, 1993, 107 Stat. 2457. Part A is shown herein, however, as having been added by Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1774, without reference to those intervening amendments because of the extensive revision of part A by Pub. L. 105−244. −CITE− 20 USC Sec. 1121 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS

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Part A − International and Foreign Language Studies −HEAD− Sec. 1121. Findings and purposes −STATUTE− (a) Findings Congress finds as follows: (1) The security, stability, and economic vitality of the United States in a complex global era depend upon American experts in and citizens knowledgeable about world regions, foreign languages, and international affairs, as well as upon a strong research base in these areas. (2) Advances in communications technology and the growth of regional and global problems make knowledge of other countries and the ability to communicate in other languages more essential to the promotion of mutual understanding and cooperation among nations and their peoples. (3) Dramatic post−Cold War changes in the world's geopolitical and economic landscapes are creating needs for American expertise and knowledge about a greater diversity of less commonly taught foreign languages and nations of the world. (4) Systematic efforts are necessary to enhance the capacity of institutions of higher education in the United States for − (A) producing graduates with international and foreign language expertise and knowledge; and (B) research regarding such expertise and knowledge. (5) Cooperative efforts among the Federal Government,

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institutions of higher education, and the private sector are necessary to promote the generation and dissemination of information about world regions, foreign languages, and international affairs throughout education, government, business, civic, and nonprofit sectors in the United States. (b) Purposes The purposes of this part are − (1)(A) to support centers, programs, and fellowships in institutions of higher education in the United States for producing increased numbers of trained personnel and research in foreign languages, area studies, and other international studies; (B) to develop a pool of international experts to meet national needs; (C) to develop and validate specialized materials and techniques for foreign language acquisition and fluency, emphasizing (but not limited to) the less commonly taught languages; (D) to promote access to research and training overseas; and (E) to advance the internationalization of a variety of disciplines throughout undergraduate and graduate education; (2) to support cooperative efforts promoting access to and the dissemination of international and foreign language knowledge, teaching materials, and research, throughout education, government, business, civic, and nonprofit sectors in the United States, through the use of advanced technologies; and (3) to coordinate the programs of the Federal Government in the

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areas of foreign language, area studies, and other international studies, including professional international affairs education and research. −SOURCE− (Pub. L. 89−329, title VI, Sec. 601, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1774.) −MISC1− PRIOR PROVISIONS A prior section 1121, Pub. L. 89−329, title VI, Sec. 601, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1464; amended Pub. L. 99−498, title VI, Sec. 601, Oct. 17, 1986, 100 Stat. 1514; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 720, set out findings of Congress and purpose of this part, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 1121, Pub. L. 89−329, title VI, Sec. 601, Nov. 8, 1965, 79 Stat. 1261; Pub. L. 89−752, Sec. 3(b), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90−575, title II, Sec. 241, 242(a), Oct. 16, 1968, 82 Stat. 1041; Pub. L. 92−318, title I, Sec. 151(a), June 23, 1972, 86 Stat. 288; Pub. L. 94−482, title I, Sec. 156, Oct. 12, 1976, 90 Stat. 2155; Pub. L. 96−49, Sec. 7, Aug. 13, 1979, 93 Stat. 353, set out the Congressional statement of purpose and the authorization of appropriations for the program of equipment grants to institutions of higher education, prior to the general amendment of this subchapter by Pub. L. 96−374. EFFECTIVE DATE

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Part effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105−244, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. NATIONAL ENDOWMENT FOR INTERNATIONAL STUDIES Pub. L. 99−498, title XIII, Sec. 1302, Oct. 17, 1986, 100 Stat. 1580, as amended by Pub. L. 100−50, Sec. 23(2), June 3, 1987, 101 Stat. 362, required Secretary of Education, in consultation with Director of United States Information Agency, Director of the Agency for International Development, Secretary of State, and Secretary of Defense, to conduct a study on establishment of a National Endowment for International Studies, such study to develop a program, a funding plan, and priorities for such an Endowment, with the Secretary to prepare and submit to Congress, not later than one year after Oct. 17, 1986, a report on the study, together with such recommendations, including recommendations for legislation, as the Secretary deemed appropriate, prior to repeal by Pub. L. 105−332, Sec. 6(a), Oct. 31, 1998, 112 Stat. 3127. −CITE− 20 USC Sec. 1122 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD−

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Sec. 1122. Graduate and undergraduate language and area centers and programs −STATUTE− (a) National language and area centers and programs authorized (1) Centers and programs (A) In general The Secretary is authorized − (i) to make grants to institutions of higher education, or combinations thereof, for the purpose of establishing, strengthening, and operating comprehensive foreign language and area or international studies centers and programs; and (ii) to make grants to such institutions or combinations for the purpose of establishing, strengthening, and operating a diverse network of undergraduate foreign language and area or international studies centers and programs. (B) National resources The centers and programs referred to in paragraph (1) shall be national resources for − (i) teaching of any modern foreign language; (ii) instruction in fields needed to provide full understanding of areas, regions, or countries in which such language is commonly used; (iii) research and training in international studies, and the international and foreign language aspects of professional and other fields of study; and (iv) instruction and research on issues in world affairs

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that concern one or more countries. (2) Authorized activities Any such grant may be used to pay all or part of the cost of establishing or operating a center or program, including the cost of − (A) teaching and research materials; (B) curriculum planning and development; (C) establishing and maintaining linkages with overseas institutions of higher education and other organizations that may contribute to the teaching and research of the center or program; (D) bringing visiting scholars and faculty to the center to teach or to conduct research; (E) professional development of the center's faculty and staff; (F) projects conducted in cooperation with other centers addressing themes of world regional, cross−regional, international, or global importance; (G) summer institutes in the United States or abroad designed to provide language and area training in the center's field or topic; and (H) support for faculty, staff, and student travel in foreign areas, regions, or countries, and for the development and support of educational programs abroad for students. (3) Grants to maintain library collections The Secretary may make grants to centers described in paragraph

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(1) having important library collections, as determined by the Secretary, for the maintenance of such collections. (4) Outreach grants and summer institutes The Secretary may make additional grants to centers described in paragraph (1) for any one or more of the following purposes: (A) Programs of linkage or outreach between foreign language, area studies, or other international fields, and professional schools and colleges. (B) Programs of linkage or outreach with 2− and 4−year colleges and universities. (C) Programs of linkage or outreach with departments or agencies of Federal and State governments. (D) Programs of linkage or outreach with the news media, business, professional, or trade associations. (E) Summer institutes in foreign area, foreign language, and other international fields designed to carry out the programs of linkage and outreach described in subparagraphs (A), (B), (C), and (D). (b) Graduate fellowships for foreign language and area or international studies (1) In general The Secretary is authorized to make grants to institutions of higher education or combinations of such institutions for the purpose of paying stipends to individuals undergoing advanced training in any center or program approved by the Secretary. (2) Eligible students

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Students receiving stipends described in paragraph (1) shall be individuals who are engaged in an instructional program with stated performance goals for functional foreign language use or in a program developing such performance goals, in combination with area studies, international studies, or the international aspects of a professional studies program, including predissertation level studies, preparation for dissertation research, dissertation research abroad, and dissertation writing. (c) Special rule with respect to travel No funds may be expended under this part for undergraduate travel except in accordance with rules prescribed by the Secretary setting forth policies and procedures to assure that Federal funds made available for such travel are expended as part of a formal program of supervised study. (d) Allowances Stipends awarded to graduate level recipients may include allowances for dependents and for travel for research and study in the United States and abroad. −SOURCE− (Pub. L. 89−329, title VI, Sec. 602, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1775.) −MISC1− PRIOR PROVISIONS A prior section 1122, Pub. L. 89−329, title VI, Sec. 602, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1465; amended Pub. L. 99−498, title VI, Sec. 602, Oct. 17, 1986,

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100 Stat. 1514; Pub. L. 100−50, Sec. 18, June 3, 1987, 101 Stat. 360; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 720; Pub. L. 103−208, Sec. 2(j)(10), (11), Dec. 20, 1993, 107 Stat. 2481, authorized grants for graduate and undergraduate language and area centers and programs, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 1122, Pub. L. 89−329, title VI, Sec. 602, Nov. 8, 1965, 79 Stat. 1261; Pub. L. 95−180, Sec. 1(c), Nov. 15, 1977, 91 Stat. 1372, related to the allotment to States of funds under the program of equipment grants to institutions of higher education, prior to the general amendment of this subchapter by Pub. L. 96−374. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1127, 1128 of this title. −CITE− 20 USC Sec. 1123 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD− Sec. 1123. Language resource centers −STATUTE− (a) Language resource centers authorized

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The Secretary is authorized to make grants to and enter into contracts with institutions of higher education, or combinations of such institutions, for the purpose of establishing, strengthening, and operating a small number of national language resource and training centers, which shall serve as resources to improve the capacity to teach and learn foreign languages effectively. (b) Authorized activities The activities carried out by the centers described in subsection (a) of this section − (1) shall include effective dissemination efforts, whenever appropriate; and (2) may include − (A) the conduct and dissemination of research on new and improved teaching methods, including the use of advanced educational technology; (B) the development and dissemination of new teaching materials reflecting the use of such research in effective teaching strategies; (C) the development, application, and dissemination of performance testing appropriate to an educational setting for use as a standard and comparable measurement of skill levels in all languages; (D) the training of teachers in the administration and interpretation of performance tests, the use of effective teaching strategies, and the use of new technologies; (E) a significant focus on the teaching and learning needs of

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the less commonly taught languages, including an assessment of the strategic needs of the United States, the determination of ways to meet those needs nationally, and the publication and dissemination of instructional materials in the less commonly taught languages; (F) the development and dissemination of materials designed to serve as a resource for foreign language teachers at the elementary and secondary school levels; and (G) the operation of intensive summer language institutes to train advanced foreign language students, to provide professional development, and to improve language instruction through preservice and inservice language training for teachers. (c) Conditions for grants Grants under this section shall be made on such conditions as the Secretary determines to be necessary to carry out the provisions of this section. −SOURCE− (Pub. L. 89−329, title VI, Sec. 603, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1777.) −MISC1− PRIOR PROVISIONS A prior section 1123, Pub. L. 89−329, title VI, Sec. 603, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1466; amended Pub. L. 99−498, title VI, Sec. 603, Oct. 17, 1986, 100 Stat. 1515; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992,

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106 Stat. 722; Pub. L. 103−208, Sec. 2(j)(12), Dec. 20, 1993, 107 Stat. 2481, authorized grants for language resource centers, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 1123, Pub. L. 89−329, title VI, Sec. 603, Nov. 8, 1965, 79 Stat. 1262, related to the State plans for carrying out the program of equipment grants to institutions of higher education, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1124 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD− Sec. 1124. Undergraduate international studies and foreign language programs −STATUTE− (a) Incentives for creation of new programs and strengthening of existing programs in undergraduate international studies and foreign language programs (1) Authority The Secretary is authorized to make grants to institutions of higher education, combinations of such institutions, or partnerships between nonprofit educational organizations and

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institutions of higher education, to assist such institutions, combinations or partnerships in planning, developing, and carrying out programs to improve undergraduate instruction in international studies and foreign languages. Such grants shall be awarded to institutions, combinations or partnerships seeking to create new programs or to strengthen existing programs in foreign languages, area studies, and other international fields. (2) Use of funds Grants made under this section may be used for Federal share of the cost of projects and activities which are an integral part of such a program, such as − (A) planning for the development and expansion of undergraduate programs in international studies and foreign languages; (B) teaching, research, curriculum development, faculty training in the United States or abroad, and other related activities, including − (i) the expansion of library and teaching resources; and (ii) preservice and inservice teacher training; (C) expansion of opportunities for learning foreign languages, including less commonly taught languages; (D) programs under which foreign teachers and scholars may visit institutions as visiting faculty; (E) programs designed to develop or enhance linkages between 2− and 4−year institutions of higher education, or baccalaureate and post−baccalaureate programs or institutions;

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(F) the development of undergraduate educational programs − (i) in locations abroad where such opportunities are not otherwise available or that serve students for whom such opportunities are not otherwise available; and (ii) that provide courses that are closely related to on−campus foreign language and international curricula; (G) the integration of new and continuing education abroad opportunities for undergraduate students into curricula of specific degree programs; (H) the development of model programs to enrich or enhance the effectiveness of educational programs abroad, including predeparture and postreturn programs, and the integration of educational programs abroad into the curriculum of the home institution; (I) the development of programs designed to integrate professional and technical education with foreign languages, area studies, and other international fields; (J) the establishment of linkages overseas with institutions of higher education and organizations that contribute to the educational programs assisted under this subsection; (K) the conduct of summer institutes in foreign area, foreign language, and other international fields to provide faculty and curriculum development, including the integration of professional and technical education with foreign area and other international studies, and to provide foreign area and other international knowledge or skills to government personnel

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or private sector professionals in international activities; (L) the development of partnerships between − (i) institutions of higher education; and (ii) the private sector, government, or elementary and secondary education institutions, in order to enhance international knowledge and skills; and (M) the use of innovative technology to increase access to international education programs. (3) Non−Federal share The non−Federal share of the cost of the programs assisted under this subsection − (A) may be provided in cash from the private sector corporations or foundations in an amount equal to one−third of the total cost of the programs assisted under this section; or (B) may be provided as an in−cash or in−kind contribution from institutional and noninstitutional funds, including State and private sector corporation or foundation contributions, equal to one−half of the total cost of the programs assisted under this section. (4) Special rule The Secretary may waive or reduce the required non−Federal share for institutions that − (A) are eligible to receive assistance under part A or B of subchapter III of this chapter or under subchapter V of this chapter; and (B) have submitted a grant application under this section.

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(5) Priority In awarding grants under this section, the Secretary shall give priority to applications from institutions of higher education, combinations or partnerships that require entering students to have successfully completed at least 2 years of secondary school foreign language instruction or that require each graduating student to earn 2 years of postsecondary credit in a foreign language (or have demonstrated equivalent competence in the foreign language) or, in the case of a 2−year degree granting institution, offer 2 years of postsecondary credit in a foreign language. (6) Grant conditions Grants under this subsection shall be made on such conditions as the Secretary determines to be necessary to carry out this subsection. (7) Application Each application for assistance under this subsection shall include − (A) evidence that the applicant has conducted extensive planning prior to submitting the application; (B) an assurance that the faculty and administrators of all relevant departments and programs served by the applicant are involved in ongoing collaboration with regard to achieving the stated objectives of the application; (C) an assurance that students at the applicant institutions, as appropriate, will have equal access to, and derive benefits

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from, the program assisted under this subsection; and (D) an assurance that each institution, combination or partnership will use the Federal assistance provided under this subsection to supplement and not supplant non−Federal funds the institution expends for programs to improve undergraduate instruction in international studies and foreign languages. (8) Evaluation The Secretary may establish requirements for program evaluations and require grant recipients to submit annual reports that evaluate the progress and performance of students participating in programs assisted under this subsection. (b) Programs of national significance The Secretary may also award grants to public and private nonprofit agencies and organizations, including professional and scholarly associations, whenever the Secretary determines such grants will make an especially significant contribution to improving undergraduate international studies and foreign language programs. (c) Funding support The Secretary may use not more than 10 percent of the total amount appropriated for this part for carrying out the purposes of this section. −SOURCE− (Pub. L. 89−329, title VI, Sec. 604, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1778.) −MISC1−

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PRIOR PROVISIONS A prior section 1124, Pub. L. 89−329, title VI, Sec. 604, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1466; amended Pub. L. 99−498, title VI, Sec. 604, Oct. 17, 1986, 100 Stat. 1516; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 722, authorized grants for undergraduate international studies and foreign language programs, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 1124, Pub. L. 89−329, title VI, Sec. 604, Nov. 8, 1965, 79 Stat. 1263; Pub. L. 89−752, Sec. 14, Nov. 3, 1966, 80 Stat. 1244; Pub. L. 90−575, title II, Sec. 242(b)−(d), Oct. 16, 1968, 82 Stat. 1041; Pub. L. 94−482, title I, Sec. 157, Oct. 12, 1976, 90 Stat. 2156, provided for grants to institutions of higher education for projects, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1124a, Pub. L. 89−329, title VI, Sec. 605, as added Pub. L. 99−498, title VI, Sec. 605(2), Oct. 17, 1986, 100 Stat. 1517; amended Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 725, authorized grants for intensive summer language institutes, prior to the general amendment of this part by Pub. L. 105−244. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1103d of this title. −CITE− 20 USC Sec. 1125 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD− Sec. 1125. Research; studies; annual report −STATUTE− (a) Authorized activities The Secretary may, directly or through grants or contracts, conduct research and studies that contribute to achieving the purposes of this part. Such research and studies may include − (1) studies and surveys to determine needs for increased or improved instruction in foreign language, area studies, or other international fields, including the demand for foreign language, area, and other international specialists in government, education, and the private sector; (2) studies and surveys to assess the utilization of graduates of programs supported under this subchapter by governmental, educational, and private sector organizations and other studies assessing the outcomes and effectiveness of programs so supported; (3) evaluation of the extent to which programs assisted under this subchapter that address national needs would not otherwise be offered; (4) comparative studies of the effectiveness of strategies to

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provide international capabilities at institutions of higher education; (5) research on more effective methods of providing instruction and achieving competency in foreign languages, area studies, or other international fields; (6) the development and publication of specialized materials for use in foreign language, area studies, and other international fields, or for training foreign language, area, and other international specialists; (7) studies and surveys of the uses of technology in foreign language, area studies, and international studies programs; (8) studies and evaluations of effective practices in the dissemination of international information, materials, research, teaching strategies, and testing techniques throughout the education community, including elementary and secondary schools; and (9) the application of performance tests and standards across all areas of foreign language instruction and classroom use. (b) Annual report The Secretary shall prepare, publish, and announce an annual report listing the books and research materials produced with assistance under this section. −SOURCE− (Pub. L. 89−329, title VI, Sec. 605, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1780.) −MISC1−

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PRIOR PROVISIONS A prior section 1125, Pub. L. 89−329, title VI, Sec. 606, formerly Sec. 605, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1467; amended Pub. L. 97−375, title II, Sec. 204, Dec. 21, 1982, 96 Stat. 1823; Pub. L. 99−386, title I, Sec. 103(c), Aug. 22, 1986, 100 Stat. 821; renumbered Sec. 606 and amended Pub. L. 99−498, title VI, Sec. 605(1), 606, Oct. 17, 1986, 100 Stat. 1517; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 725, authorized research and studies and required annual report, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 1125, Pub. L. 89−329, title VI, Sec. 605, Nov. 8, 1965, 79 Stat. 1264; Pub. L. 90−575, title II, Sec. 242(a), (e), Oct. 16, 1968, 82 Stat. 1041, related to the applications by institutions of higher education for grants under the program of equipment grants, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 605 of Pub. L. 89−329 was classified to section 1124a of this title, prior to the general amendment of this part by Pub. L. 105−244. Prior sections 1125a and 1125b were omitted in the general amendment of this part by Pub. L. 105−244. Section 1125a, Pub. L. 89−329, title VI, Sec. 607, as added Pub. L. 99−498, title VI, Sec. 607, Oct. 17, 1986, 100 Stat. 1518; amended Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 726; Pub. L. 103−208, Sec. 2(j)(13), Dec. 20, 1993, 107 Stat.

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2481, related to periodicals and other research materials published outside the United States. Section 1125b, Pub. L. 89−329, title VI, Sec. 608, as added Pub. L. 99−498, title VI, Sec. 608, Oct. 17, 1986, 100 Stat. 1518; amended Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 727, related to selection of certain grant recipients. −CITE− 20 USC Sec. 1126 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD− Sec. 1126. Technological innovation and cooperation for foreign information access −STATUTE− (a) Authority The Secretary is authorized to make grants to institutions of higher education, public or nonprofit private libraries, or consortia of such institutions or libraries, to develop innovative techniques or programs using new electronic technologies to collect, organize, preserve, and widely disseminate information on world regions and countries other than the United States that address our Nation's teaching and research needs in international education and foreign languages.

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(b) Authorized activities Grants under this section may be used − (1) to facilitate access to or preserve foreign information resources in print or electronic forms; (2) to develop new means of immediate, full−text document delivery for information and scholarship from abroad; (3) to develop new means of shared electronic access to international data; (4) to support collaborative projects of indexing, cataloging, and other means of bibliographic access for scholars to important research materials published or distributed outside the United States; (5) to develop methods for the wide dissemination of resources written in non−Roman language alphabets; (6) to assist teachers of less commonly taught languages in acquiring, via electronic and other means, materials suitable for classroom use; and (7) to promote collaborative technology based projects in foreign languages, area studies, and international studies among grant recipients under this subchapter. (c) Application Each institution or consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may reasonably require. (d) Match required

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The Federal share of the total cost of carrying out a program supported by a grant under this section shall not be more than 66 2/3 percent. The non−Federal share of such cost may be provided either in−kind or in cash, and may include contributions from private sector corporations or foundations. −SOURCE− (Pub. L. 89−329, title VI, Sec. 606, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1781.) −MISC1− PRIOR PROVISIONS A prior section 1126, Pub. L. 89−329, title VI, Sec. 609, formerly Sec. 606, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1467; renumbered Sec. 609, Pub. L. 99−498, title VI, Sec. 605(1), Oct. 17, 1986, 100 Stat. 1517; amended Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 727, related to equitable distribution of grants, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 1126, Pub. L. 89−329, title VI, Sec. 606, Nov. 8, 1965, 79 Stat. 1265, related to reservation and payment of equipment grants to institutions of higher education, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 606 of Pub. L. 89−329 was classified to section 1125 of this title, prior to the general amendment of this part by Pub. L. 105−244. −CITE− 20 USC Sec. 1127 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD− Sec. 1127. Selection of certain grant recipients −STATUTE− (a) Competitive grants The Secretary shall award grants under section 1122 of this title competitively on the basis of criteria that separately, but not less rigorously, evaluates the applications for comprehensive and undergraduate language and area centers and programs. (b) Selection criteria The Secretary shall set criteria for grants awarded under section 1122 of this title by which a determination of excellence shall be made to meet the differing objectives of graduate and undergraduate institutions. (c) Equitable distribution of grants The Secretary shall, to the extent practicable, award grants under this part (other than section 1122 of this title) in such manner as to achieve an equitable distribution of the grant funds throughout the United States, based on the merit of a proposal as determined pursuant to a peer review process involving broadly representative professionals. −SOURCE−

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(Pub. L. 89−329, title VI, Sec. 607, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1782.) −MISC1− PRIOR PROVISIONS A prior section 1127, Pub. L. 89−329, title VI, Sec. 610, formerly Sec. 607, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1467; renumbered Sec. 610 and amended Pub. L. 99−498, title VI, Sec. 605(1), 609, Oct. 17, 1986, 100 Stat. 1517, 1519; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 728, authorized grants and contracts for American overseas research centers, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 1127, Pub. L. 89−329, title VI, Sec. 607, Nov. 8, 1965, 79 Stat. 1265, provided procedures to be followed in event of disapproval of a State plan under equipment grant program, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 607 of Pub. L. 89−329 was classified to section 1125a of this title, prior to the general amendment of this part by Pub. L. 105−244. −CITE− 20 USC Sec. 1128 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS

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Part A − International and Foreign Language Studies −HEAD− Sec. 1128. Equitable distribution of certain funds −STATUTE− (a) Selection criteria The Secretary shall make excellence the criterion for selection of grants awarded under section 1122 of this title. (b) 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. (c) 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. −SOURCE− (Pub. L. 89−329, title VI, Sec. 608, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1782.) −MISC1− PRIOR PROVISIONS A prior section 1128, Pub. L. 89−329, title VI, Sec. 610A, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 728, authorized appropriations for this part, prior to the general amendment of this part by Pub. L. 105−244.

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Another prior section 1128, Pub. L. 89−329, title VI, Sec. 608, Nov. 8, 1965, 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. −CITE− 20 USC Sec. 1128a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD− Sec. 1128a. American overseas research centers −STATUTE− (a) Centers authorized The Secretary is authorized to make grants to and enter into contracts with any American overseas research center that is a consortium of institutions of higher education (hereafter in this section referred to as a ''center'') to enable such center to promote postgraduate research, exchanges and area studies. (b) Use of grants Grants made and contracts entered into pursuant to this section

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may be used to pay all or a portion of the cost of establishing or operating a center or program, including − (1) the cost of faculty and staff stipends and salaries; (2) the cost of faculty, staff, and student travel; (3) the cost of the operation and maintenance of overseas facilities; (4) the cost of teaching and research materials; (5) the cost of acquisition, maintenance, and preservation of library collections; (6) the cost of bringing visiting scholars and faculty to a center to teach or to conduct research; (7) the cost of organizing and managing conferences; and (8) the cost of publication and dissemination of material for the scholarly and general public. (c) Limitation The Secretary shall only award grants to and enter into contracts with centers under this section that − (1) receive more than 50 percent of their funding from public or private United States sources; (2) have a permanent presence in the country in which the center is located; and (3) are organizations described in section 501(c)(3) of title 26 which are exempt from taxation under section 501(a) of such title. (d) Development grants The Secretary is authorized to make grants for the establishment

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of new centers. The grants may be used to fund activities that, within 1 year, will result in the creation of a center described in subsection (c) of this section. −SOURCE− (Pub. L. 89−329, title VI, Sec. 609, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1782.) −MISC1− PRIOR PROVISIONS A prior section 609 of Pub. L. 89−329 was classified to section 1126 of this title, prior to the general amendment of this part by Pub. L. 105−244. Another prior section 609 of Pub. L. 89−329, title VI, Nov. 8, 1965, 79 Stat. 1266; Pub. L. 92−318, title I, Sec. 131(d)(2)(D), June 23, 1972, 86 Stat. 260, prohibited equipment grants for sectarian instruction or religious worship and was classified to section 1129 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1128b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part A − International and Foreign Language Studies −HEAD− Sec. 1128b. Authorization of appropriations

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−STATUTE− There are authorized to be appropriated to carry out this part $80,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years. −SOURCE− (Pub. L. 89−329, title VI, Sec. 610, as added Pub. L. 105−244, title VI, Sec. 601, Oct. 7, 1998, 112 Stat. 1783.) −MISC1− PRIOR PROVISIONS A prior section 610 of Pub. L. 89−329 was classified to section 1127 of this title, prior to the general amendment of this part by Pub. L. 105−244. Prior sections 1129 and 1129a were omitted in the general amendment of this subchapter by Pub. L. 96−374. Section 1129, Pub. L. 89−329, title VI, Sec. 609, Nov. 8, 1965, 79 Stat. 1266; Pub. L. 92−318, title I, Sec. 131(d)(2)(D), June 23, 1972, 86 Stat. 260, prohibited equipment grants for sectarian instruction or religious worship. Section 1129a, Pub. L. 89−329, title VI, Sec. 610, as added Pub. L. 90−575, title II, Sec. 243, Oct. 16, 1968, 82 Stat. 1041, provided for consultation with the National Science Foundation in regard to the purchase of laboratory equipment. −CITE− 20 USC Part B − Business and International Education Programs 01/06/03 −EXPCITE−

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TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part B − Business and International Education Programs . −HEAD− Part B − Business and International Education Programs −CITE− 20 USC Sec. 1130 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part B − Business and International Education Programs −HEAD− Sec. 1130. Findings and purposes −STATUTE− (a) Findings The Congress finds that − (1) the future economic welfare of the United States will depend substantially on increasing international skills in the business and educational community and creating an awareness among the American public of the internationalization of our economy; (2) concerted efforts are necessary to engage business schools, language and area study programs, professional international

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affairs education programs, public and private sector organizations, and United States business in a mutually productive relationship which benefits the Nation's future economic interests; (3) few linkages presently exist between the manpower and information needs of United States business and the international education, language training and research capacities of institutions of higher education in the United States, and public and private organizations; and (4) organizations such as world trade councils, world trade clubs, chambers of commerce and State departments of commerce are not adequately used to link universities and business for joint venture exploration and program development. (b) Purposes It is the purpose of this part − (1) to enhance the broad objective of this chapter by increasing and promoting the Nation's capacity for international understanding and economic enterprise through the provision of suitable international education and training for business personnel in various stages of professional development; and (2) to promote institutional and noninstitutional educational and training activities that will contribute to the ability of United States business to prosper in an international economy. −SOURCE− (Pub. L. 89−329, title VI, Sec. 611, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1467; amended Pub. L.

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99−498, title VI, Sec. 610, Oct. 17, 1986, 100 Stat. 1519; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 728; Pub. L. 105−244, title VI, Sec. 602(a), Oct. 7, 1998, 112 Stat. 1783.) −REFTEXT− REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), was in the original ''this Act'', meaning Pub. L. 89−329, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. −MISC2− AMENDMENTS 1998 − Pub. L. 105−244 amended section catchline generally. 1992 − Pub. L. 102−325 amended section generally, inserting subsec. headings and reenacting text without substantial change. 1986 − Subsec. (a)(1). Pub. L. 99−498 inserted ''and educational'' after ''skills in the business''. EFFECTIVE DATE OF 1998 AMENDMENT 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. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102−325 effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as a note under section 1001 of this title. −CITE−

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20 USC Sec. 1130−1 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part B − Business and International Education Programs −HEAD− Sec. 1130−1. Centers for international business education −STATUTE− (a) Program authorized (1) In general The Secretary is authorized to make grants to institutions of higher education, or combinations of such institutions, to pay the Federal share of the cost of planning, establishing and operating centers for international business education which − (A) will be national resources for the teaching of improved business techniques, strategies, and methodologies which emphasize the international context in which business is transacted; (B) will provide instruction in critical foreign languages and international fields needed to provide understanding of the cultures and customs of United States trading partners; and (C) will provide research and training in the international aspects of trade, commerce, and other fields of study. (2) Special rule In addition to providing training to students enrolled in the

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institution of higher education in which a center is located, such centers shall serve as regional resources to businesses proximately located by offering programs and providing research designed to meet the international training needs of such businesses. Such centers shall also serve other faculty, students, and institutions of higher education located within their region. (b) Authorized expenditures Each grant made under this section may be used to pay the Federal share of the cost of planning, establishing or operating a center, including the cost of − (1) faculty and staff travel in foreign areas, regions, or countries; (2) teaching and research materials; (3) curriculum planning and development; (4) bringing visiting scholars and faculty to the center to teach or to conduct research; and (5) training and improvement of the staff, for the purpose of, and subject to such conditions as the Secretary finds necessary for, carrying out the objectives of this section. (c) Authorized activities (1) Mandatory activities Programs and activities to be conducted by centers assisted under this section shall include − (A) interdisciplinary programs which incorporate foreign language and international studies training into business,

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finance, management, communications systems, and other professional curricula; (B) interdisciplinary programs which provide business, finance, management, communications systems, and other professional training for foreign language and international studies faculty and degree candidates; (C) programs, such as intensive language programs, available to members of the business community and other professionals which are designed to develop or enhance their international skills, awareness, and expertise; (D) collaborative programs, activities, or research involving other institutions of higher education, local educational agencies, professional associations, businesses, firms, or combinations thereof, to promote the development of international skills, awareness, and expertise among current and prospective members of the business community and other professionals; (E) research designed to strengthen and improve the international aspects of business and professional education and to promote integrated curricula; and (F) research designed to promote the international competitiveness of American businesses and firms, including those not currently active in international trade. (2) Permissible activities Programs and activities to be conducted by centers assisted under this section may include −

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(A) the establishment of overseas internship programs for students and faculty designed to provide training and experience in international business activities, except that no Federal funds provided under this section may be used to pay wages or stipends to any participant who is engaged in compensated employment as part of an internship program; (B) the establishment of linkages overseas with institutions of higher education and other organizations that contribute to the educational objectives of this section; (C) summer institutes in international business, foreign area studies, foreign language studies, and other international studies designed to carry out the purposes of subparagraph (A) of this paragraph; (D) the development of opportunities for business students to study abroad in locations which are important to the existing and future economic well−being of the United States; (E) outreach activities or consortia with business programs located at other institutions of higher education for the purpose of providing expertise regarding the internationalization of such programs, such as assistance in research, curriculum development, faculty development, or educational exchange programs; and (F) other eligible activities prescribed by the Secretary. (d) Advisory council (1) Establishment In order to be eligible for assistance under this section, an

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institution of higher education, or combination of such institutions, shall establish a center advisory council which will conduct extensive planning prior to the establishment of a center concerning the scope of the center's activities and the design of its programs. (2) Membership on advisory council The center advisory council shall include − (A) one representative of an administrative department or office of the institution of higher education; (B) one faculty representative of the business or management school or department of such institution; (C) one faculty representative of the international studies or foreign language school or department of such institution; (D) one faculty representative of another professional school or department of such institution, as appropriate; (E) one or more representatives of local or regional businesses or firms; (F) one representative appointed by the Governor of the State in which the institution of higher education is located whose normal responsibilities include official oversight or involvement in State−sponsored trade−related activities or programs; and (G) such other individuals as the institution of higher education deems appropriate, such as a representative of a community college in the region served by the center. (3) Meetings

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In addition to the initial planning activities required under subsection (d)(1) of this section, the center advisory council shall meet not less than once each year after the establishment of the center to assess and advise on the programs and activities conducted by the center. (e) Grant duration; Federal share (1) Duration of grants The Secretary shall make grants under this section for a minimum of 3 years unless the Secretary determines that the provision of grants of shorter duration is necessary to carry out the objectives of this section. (2) Federal share The Federal share of the cost of planning, establishing and operating centers under this section shall be − (A) not more than 90 percent for the first year in which Federal funds are received; (B) not more than 70 percent for the second such year; and (C) not more than 50 percent for the third such year and for each such year thereafter. (3) Non−Federal share The non−Federal share of the cost of planning, establishing, and operating centers under this section may be provided either in cash or in−kind. (4) Waiver of non−Federal share In the case of an institution of higher education receiving a grant under this part and conducting outreach or consortia

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activities with another institution of higher education in accordance with subsection (c)(2)(E) of this section, the Secretary may waive a portion of the requirements for the non−Federal share required in paragraph (2) equal to the amount provided by the institution of higher education receiving such grant to such other institution of higher education for carrying out such outreach or consortia activities. Any such waiver shall be subject to such terms and conditions as the Secretary deems necessary for carrying out the purposes of this section. (f) Grant conditions Grants under this section shall be made on such conditions as the Secretary determines to be necessary to carry out the objectives of this section. Such conditions shall include − (1) evidence that the institution of higher education, or combination of such institutions, will conduct extensive planning prior to the establishment of a center concerning the scope of the center's activities and the design of its programs in accordance with subsection (d)(1) of this section; (2) assurance of ongoing collaboration in the establishment and operation of the center by faculty of the business, management, foreign language, international studies, professional international affairs, and other professional schools or departments, as appropriate; (3) assurance that the education and training programs of the center will be open to students concentrating in each of these respective areas, as appropriate; and

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(4) assurance that the institution of higher education, or combination of such institutions, will use the assistance provided under this section to supplement and not to supplant activities conducted by institutions of higher education described in subsection (c)(1) of this section. −SOURCE− (Pub. L. 89−329, title VI, Sec. 612, as added Pub. L. 100−418, title VI, Sec. 6261(2), Aug. 23, 1988, 102 Stat. 1520; amended Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 729; Pub. L. 105−244, title VI, Sec. 602(b), Oct. 7, 1998, 112 Stat. 1783.) −MISC1− PRIOR PROVISIONS A prior section 612 of Pub. L. 89−329 was renumbered section 613 and is classified to section 1130a of this title. AMENDMENTS 1998 − Subsec. (c)(1)(B). Pub. L. 105−244, Sec. 602(b)(1)(A)(i), struck out ''advanced'' after ''faculty and''. Subsec. (c)(1)(C). Pub. L. 105−244, Sec. 602(b)(1)(A)(ii), struck out ''evening or summer'' before ''programs, such''. Subsec. (c)(2)(C). Pub. L. 105−244, Sec. 602(b)(1)(B), inserted ''foreign language studies,'' after ''area studies,''. Subsec. (d)(2)(G). Pub. L. 105−244, Sec. 602(b)(2), inserted '', such as a representative of a community college in the region served by the center'' before the period. 1992 − Pub. L. 102−325 amended section generally, substituting present provisions for provisions relating to grants for

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establishing and operating international business education centers in subsec. (a), costs to be covered by Federal funds in subsec. (b), scope of programs and activities in subsec. (c), center advisory council in subsec. (d), duration of grants and allotment of Federal and non−Federal shares in subsec. (e), and conditions for grants in subsec. (f). EFFECTIVE DATE OF 1998 AMENDMENT 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. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102−325 effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as a note under section 1001 of this title. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1130b of this title. −CITE− 20 USC Sec. 1130a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part B − Business and International Education Programs −HEAD− Sec. 1130a. Education and training programs

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−STATUTE− (a) Program authorized The Secretary shall make grants to, and enter into contracts with, institutions of higher education to pay the Federal share of the cost of programs designed to promote linkages between such institutions and the American business community engaged in international economic activity. Each program assisted under this section shall both enhance the international academic programs of institutions of higher education and provide appropriate services to the business community which will expand its capacity to engage in commerce abroad. (b) Authorized activities Eligible activities to be conducted by institutions of higher education pursuant to grants or contracts awarded under this section shall include − (1) innovation and improvement in international education curricula to serve the needs of the business community, including development of new programs for nontraditional, mid−career, or part−time students; (2) development of programs to inform the public of increasing international economic interdependence and the role of American business within the international economic system; (3) internationalization of curricula at the junior and community college level, and at undergraduate and graduate schools of business; (4) development of area studies programs, and interdisciplinary

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international programs; (5) establishment of export education programs through cooperative arrangements with regional and world trade centers and councils, and with bilateral and multilateral trade associations; (6) research for and development of specialized teaching materials, including language materials, and facilities appropriate to business−oriented students; (7) establishment of student and faculty fellowships and internships for training and education in international business activities; (8) development of opportunities for junior business and other professional school faculty to acquire or strengthen international skills and perspectives; (9) development of research programs on issues of common interest to institutions of higher education and private sector organizations and associations engaged in or promoting international economic activity; (10) the establishment of internships overseas to enable foreign language students to develop their foreign language skills and knowledge of foreign cultures and societies; (11) the establishment of linkages overseas with institutions of higher education and organizations that contribute to the educational objectives of this section; and (12) summer institutes in international business, foreign area and other international studies designed to carry out the

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purposes of this section. (c) Applications No grant may be made and no contract may be entered into under this section unless an institution of higher education submits an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each such application shall be accompanied by a copy of the agreement entered into by the institution of higher education with a business enterprise, trade organization or association engaged in international economic activity, or a combination or consortium of such enterprises, organizations or associations, for the purpose of establishing, developing, improving or expanding activities eligible for assistance under subsection (b) of this section. Each such application shall contain assurances that the institution of higher education will use the assistance provided under this section to supplement and not to supplant activities conducted by institutions of higher education described in subsection (b) of this section. (d) Federal share The Federal share under this part for each fiscal year shall not exceed 50 percent of the cost of such program. −SOURCE− (Pub. L. 89−329, title VI, Sec. 613, formerly Sec. 612, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1468; amended Pub. L. 99−498, title VI, Sec. 611, Oct. 17, 1986, 100 Stat. 1519; renumbered Sec. 613 and amended Pub. L. 100−418, title VI, Sec. 6261(1), 6263, Aug. 23, 1988, 102 Stat. 1520, 1523; Pub.

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L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 732.) −MISC1− PRIOR PROVISIONS A prior section 613 of Pub. L. 89−329 was renumbered section 614 and is classified to section 1130b of this title. AMENDMENTS 1992 − Pub. L. 102−325 amended section generally, adding provisions relating to establishment of linkages overseas with institutions of higher education and organizations that contribute to educational objectives of this section and relating to summer institutes in international business, foreign area and other international studies designed to carry out purposes of this section. 1988 − Subsecs. (a), (c), (d). Pub. L. 100−418 substituted ''section'' for ''part'' wherever appearing. 1986 − Subsec. (b)(10). Pub. L. 99−498 added par. (10). EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102−325 effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as a note under section 1001 of this title. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1130b of this title. −CITE− 20 USC Sec. 1130b 01/06/03 −EXPCITE−

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TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part B − Business and International Education Programs −HEAD− Sec. 1130b. Authorization of appropriations −STATUTE− (a) Centers for international business education There are authorized to be appropriated $11,000,000 for the fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out the provisions of section 1130−1 of this title. (b) Education and training programs There are authorized to be appropriated $7,000,000 for fiscal year 1999, and such sums as may be necessary for the 4 succeeding fiscal years, to carry out the provisions of section 1130a of this title. −SOURCE− (Pub. L. 89−329, title VI, Sec. 614, formerly Sec. 613, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1469; amended Pub. L. 99−498, title VI, Sec. 612, Oct. 17, 1986, 100 Stat. 1519; renumbered Sec. 614 and amended Pub. L. 100−418, title VI, Sec. 6261(1), 6262, Aug. 23, 1988, 102 Stat. 1520, 1523; Pub. L. 101−600, Sec. 7, Nov. 16, 1990, 104 Stat. 3046; Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 733; Pub. L. 105−244, title VI, Sec. 602(c), Oct. 7, 1998, 112 Stat. 1783.)

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−MISC1− AMENDMENTS 1998 − Pub. L. 105−244 substituted ''1999'' for ''1993'' in subsecs. (a) and (b). 1992 − Pub. L. 102−325 amended section generally. Prior to amendment, section read as follows: ''(a) There are authorized to be appropriated $7,500,000 for the fiscal year 1988 and for each of the 4 succeeding fiscal years to carry out the provisions of section 1130−1 of this title. ''(b) There are authorized to be appropriated $5,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years, to carry out the provisions of section 1130a of this title.'' 1990 − Subsec. (a). Pub. L. 101−600 substituted ''$7,500,000'' for ''$5,000,000'' and ''4 succeeding'' for ''3 succeeding''. 1988 − Pub. L. 100−418, Sec. 6262, amended section generally. Prior to amendment, section read as follows: ''There are authorized to be appropriated to carry out this part $5,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years.'' 1986 − Pub. L. 99−498 amended section generally. Prior to amendment, section read as follows: ''There are authorized to be appropriated $7,500,000 for fiscal year 1981 and for each of the succeeding fiscal years ending prior to October 1, 1985, to carry out the provisions of this part.'' EFFECTIVE DATE OF 1998 AMENDMENT

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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. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102−325 effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as a note under section 1001 of this title. −CITE− 20 USC Part C − Institute for International Public Policy 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy . −HEAD− Part C − Institute for International Public Policy −CITE− 20 USC Sec. 1131 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy −HEAD− Sec. 1131. Minority foreign service professional development

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program −STATUTE− (a) Establishment The Secretary is authorized to award a grant, on a competitive basis, to an eligible recipient to enable such recipient to establish an Institute for International Public Policy (hereafter in this part referred to as the ''Institute''). The Institute shall conduct a program to significantly increase the numbers of African Americans and other underrepresented minorities in the international service, including private international voluntary organizations and the foreign service of the United States. Such program shall include a program for such students to study abroad in their junior year, fellowships for graduate study, internships, intensive academic programs such as summer institutes, or intensive language training. (b) ''Eligible recipient'' defined (1) In general For the purpose of this part, the term ''eligible recipient'' means a consortium consisting of 1 or more of the following entities: (A) An institution eligible for assistance under part B of subchapter III of this chapter. (B) An institution of higher education which serves substantial numbers of African American or other underrepresented minority students. (C) An institution of higher education with programs in

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training foreign service professionals. (2) Host institution Each eligible recipient receiving a grant under this section shall designate an institution of higher education as the host institution for the Institute. (c) Application Each eligible recipient desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (d) Duration Grants made pursuant to this section shall be awarded for a period not to exceed 5 years. (e) Match required The eligible recipient of a grant under this section shall contribute to the conduct of the program supported by the grant an amount from non−Federal sources equal to at least one−half the amount of the grant, which contribution may be in cash or in kind. −SOURCE− (Pub. L. 89−329, title VI, Sec. 621, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 734; amended Pub. L. 105−244, title VI, Sec. 603(a), Oct. 7, 1998, 112 Stat. 1783.) −MISC1− PRIOR PROVISIONS A prior section 1131, Pub. L. 89−329, title VI, Sec. 621, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1469; amended Pub. L. 97−241, title III, Sec. 303(b), Aug. 24,

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1982, 96 Stat. 291; Pub. L. 99−498, title VI, Sec. 613, Oct. 17, 1986, 100 Stat. 1519, related to advisory board on the conduct of programs under this subchapter, prior to repeal by Pub. L. 101−392, title VI, Sec. 612, 702(a), Sept. 25, 1990, 104 Stat. 842, 843, effective July 1, 1991. Another prior section 1131, Pub. L. 89−329, title VI, Sec. 621, Nov. 8, 1965, 79 Stat. 1266, related to grants for operating faculty development program workshops and institutes, prior to the general revision of this subchapter by Pub. L. 96−374. AMENDMENTS 1998 − Subsec. (e). Pub. L. 105−244 substituted ''one−half'' for ''one−fourth''. EFFECTIVE DATE OF 1998 AMENDMENT 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. EFFECTIVE DATE Part effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. −CITE− 20 USC Sec. 1131−1 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS

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Part C − Institute for International Public Policy −HEAD− Sec. 1131−1. Institutional development −STATUTE− (a) In general The Institute shall award grants, from amounts available to the Institute for each fiscal year, to historically Black colleges and universities, Hispanic−serving institutions, Tribally Controlled Colleges or Universities, and minority institutions, to enable such colleges, universities, and institutions to strengthen international affairs programs. (b) Application No grant may be made by the Institute unless an application is made by the college, university, or institution at such time, in such manner, and accompanied by such information as the Institute may require. (c) Definitions In this section − (1) the term ''historically Black college and university'' has the meaning given the term in section 1061 of this title; (2) the term ''Hispanic−serving institution'' has the meaning given the term in section 1101a of this title; (3) the term ''Tribally Controlled College or University'' has the meaning given the term in section 1801 of title 25; and (4) the term ''minority institution'' has the meaning given the term in section 1067k of this title.

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−SOURCE− (Pub. L. 89−329, title VI, Sec. 622, as added Pub. L. 105−244, title VI, Sec. 603(b)(2), Oct. 7, 1998, 112 Stat. 1784.) −MISC1− PRIOR PROVISIONS A prior section 622 of Pub. L. 89−329 was renumbered section 623 and is classified to section 1131a of this title. Another prior section 622 of Pub. L. 89−329, title VI, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1470; amended Pub. L. 99−498, title VI, Sec. 614, Oct. 17, 1986, 100 Stat. 1520, defined terms used in this subchapter and was classified to section 1132 of this title, prior to the general amendment of this subchapter by Pub. L. 102−325. For definitions, see section 1132 of this title. Another prior section 622 of Pub. L. 89−329, title VI, Nov. 8, 1965, 79 Stat. 1266, related to stipends for persons attending faculty development program institutes and was classified to section 1132 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105−244, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. −CITE− 20 USC Sec. 1131a 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy −HEAD− Sec. 1131a. Study abroad program −STATUTE− (a) Program authority The Institute shall conduct, by grant or contract, a junior year abroad program. The junior year abroad program shall be open to eligible students at institutions of higher education, including historically Black colleges and universities as defined in section 1061 of this title, tribally controlled Indian community colleges as defined in the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.), and other institutions of higher education with significant minority student populations. Eligible student expenses shall be shared by the Institute and the institution at which the student is in attendance. Each student may spend not more than 9 months abroad in a program of academic study, as well as social, familial and political interactions designed to foster an understanding of and familiarity with the language, culture, economics and governance of the host country. (b) ''Eligible student'' defined For the purpose of this section, the term ''eligible student''

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means a student that is − (1) enrolled full−time in a baccalaureate degree program at an institution of higher education; and (2) entering the third year of study, or completing the third year of study in the case of a summer abroad program, at an institution of higher education which nominates such student for participation in the study abroad program. (c) Special rule An institution of higher education desiring to send a student on the study abroad program shall enter into a Memorandum of Understanding with the Institute under which such institution of higher education agrees to − (1) provide the requisite academic preparation for students participating in the study abroad or internship programs; (2) pay one−third the cost of each student it nominates for participation in the study abroad program; and (3) meet such other requirements as the Secretary may from time to time, by regulation, reasonably require. −SOURCE− (Pub. L. 89−329, title VI, Sec. 623, formerly Sec. 622, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 734; renumbered Sec. 623 and amended Pub. L. 105−244, title VI, Sec. 603(b)(1), (c), title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1783, 1784, 1828.) −REFTEXT− REFERENCES IN TEXT

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The Tribally Controlled College or University Assistance Act of 1978, referred to in subsec. (a), is Pub. L. 95−471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables. −MISC2− PRIOR PROVISIONS A prior section 623 of Pub. L. 89−329 was renumbered section 624 and is classified to section 1131b of this title. AMENDMENTS 1998 − Pub. L. 105−244, Sec. 603(c)(1), substituted ''Study'' for ''Junior year'' in section catchline. Subsec. (a). Pub. L. 105−244, Sec. 901(d), substituted ''Tribally Controlled College or University Assistance Act of 1978'' for ''Tribally Controlled Community College Assistance Act of 1978''. Subsec. (b)(2). Pub. L. 105−244, Sec. 603(c)(2), inserted '', or completing the third year of study in the case of a summer abroad program,'' after ''year of study'' and substituted ''study abroad'' for ''junior year abroad''. Subsec. (c). Pub. L. 105−244, Sec. 603(c)(3)(A), substituted ''study abroad'' for ''junior year abroad'' in introductory provisions. Subsec. (c)(1). Pub. L. 105−244, Sec. 603(c)(3)(B), substituted ''study abroad'' for ''junior year abroad''. Subsec. (c)(2). Pub. L. 105−244, Sec. 603(c)(3)(C), substituted

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''one−third'' for ''one−half'' and ''study abroad'' for ''junior year abroad''. EFFECTIVE DATE OF 1998 AMENDMENT 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. −CITE− 20 USC Sec. 1131b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy −HEAD− Sec. 1131b. Masters degree in international relations −STATUTE− The Institute shall provide, in cooperation with the other members participating in the eligible recipient consortium, a program of study leading to a masters degree in international relations. The masters degree program designed by the consortia shall be reviewed and approved by the Secretary. The Institute may grant fellowships in an amount not to exceed the level of support comparable to that provided by the National Science Foundation graduate fellowships, except such amount shall be adjusted as necessary so as not to exceed the fellow's demonstrated level of need according to measurement of need approved by the Secretary. A

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fellowship recipient shall agree to undertake full−time study and to enter the international service (including work with private international voluntary organizations) or foreign service of the United States. −SOURCE− (Pub. L. 89−329, title VI, Sec. 624, formerly Sec. 623, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 735; renumbered Sec. 624, Pub. L. 105−244, title VI, Sec. 603(b)(1), Oct. 7, 1998, 112 Stat. 1783.) −MISC1− PRIOR PROVISIONS A prior section 624 of Pub. L. 89−329 was renumbered section 625 and is classified to section 1131c of this title. −CITE− 20 USC Sec. 1131c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy −HEAD− Sec. 1131c. Internships −STATUTE− (a) In general The Institute shall enter into agreements with historically Black colleges and universities as defined in section 1061 of this title,

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tribally controlled Indian community colleges as defined in the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.), other institutions of higher education with significant numbers of minority students, and institutions of higher education with programs in training foreign service professionals, to provide academic year internships during the junior and senior year and summer internships following the sophomore and junior academic years, by work placements with an international voluntary or government organizations or agencies, including the Agency for International Development, the International Monetary Fund, the National Security Council, the Organization of American States, the Export−Import Bank, the Overseas Private Investment Corporation, the Department of State, Office of the United States Trade Representative, the World Bank, and the United Nations. (b) Postbaccalaureate internships The Institute shall enter into agreements with institutions of higher education described in the first sentence of subsection (a) of this section to conduct internships for students who have completed study for a baccalaureate degree. The internship program authorized by this subsection shall − (1) assist the students to prepare for a master's degree program; (2) be carried out with the assistance of the Woodrow Wilson International Center for Scholars; (3) contain work experience for the students designed to

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contribute to the students' preparation for a master's degree program; and (4) be assisted by the Interagency Committee on Minority Careers in International Affairs established under subsection (c) of this section. (c) Interagency Committee on Minority Careers in International Affairs (1) Establishment There is established in the executive branch of the Federal Government an Interagency Committee on Minority Careers in International Affairs composed of not less than 7 members, including − (A) the Under Secretary for Farm and Foreign Agricultural Services of the Department of Agriculture, or the Under Secretary's designee; (B) the Assistant Secretary and Director General, of the United States and Foreign Commercial Service of the Department of Commerce, or the Assistant Secretary and Director General's designee; (C) the Under Secretary of Defense for Personnel and Readiness of the Department of Defense, or the Under Secretary's designee; (D) the Assistant Secretary for Postsecondary Education in the Department of Education, or the Assistant Secretary's designee; (E) the Director General of the Foreign Service of the

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Department of State, or the Director General's designee; (F) the General Counsel of the Agency for International Development, or the General Counsel's designee; and (G) the Associate Director for Educational and Cultural Affairs of the United States Information Agency, or the Associate Director's designee. (2) Functions The Interagency Committee established by this section shall − (A) on an annual basis inform the Secretary and the Institute regarding ways to advise students participating in the internship program assisted under this section with respect to goals for careers in international affairs; (B) locate for students potential internship opportunities in the Federal Government related to international affairs; and (C) promote policies in each department and agency participating in the Committee that are designed to carry out the objectives of this part. −SOURCE− (Pub. L. 89−329, title VI, Sec. 625, formerly Sec. 624, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 735; renumbered Sec. 625, and amended Pub. L. 105−244, title VI, Sec. 603(b)(1), (d), title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1783, 1784, 1828; Pub. L. 105−277, div. G, subdiv. A, title XIII, Sec. 1335(j), Oct. 21, 1998, 112 Stat. 2681−788.) −REFTEXT− REFERENCES IN TEXT

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The Tribally Controlled College or University Assistance Act of 1978, referred to in subsec. (a), is Pub. L. 95−471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables. −MISC2− PRIOR PROVISIONS A prior section 625 of Pub. L. 89−329 was renumbered section 626 and is classified to section 1131d of this title. AMENDMENTS 1998 − Pub. L. 105−244, Sec. 603(d), designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). Subsec. (a). Pub. L. 105−277, which directed the amendment of ''section 624 of Pub. L. 89−329 (20 U.S.C. 1131c)'' by striking ''the United States Information Agency,'' after ''Agency for International Development,'', was executed by making the amendment in subsec. (a) of this section, to reflect the probable intent of Congress and the intervening amendments by Pub. L. 105−244 which renumbered section 624 of Pub. L. 89−329 as section 625 and redesignated existing provisions as subsec. (a). See above. Pub. L. 105−244, Sec. 901(d), substituted ''Tribally Controlled College or University Assistance Act of 1978'' for ''Tribally Controlled Community College Assistance Act of 1978''. EFFECTIVE DATE OF 1998 AMENDMENTS

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Amendment by Pub. L. 105−277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105−277, set out as an Effective Date note under section 6531 of Title 22. 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. −CITE− 20 USC Sec. 1131d 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy −HEAD− Sec. 1131d. Report −STATUTE− The Institute shall annually prepare a report on the activities of the Institute and shall submit such report to the Secretary of Education and the Secretary of State. −SOURCE− (Pub. L. 89−329, title VI, Sec. 626, formerly Sec. 625, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 735; renumbered Sec. 626, Pub. L. 105−244, title VI, Sec. 603(b)(1), Oct. 7, 1998, 112 Stat. 1783.) −MISC1− PRIOR PROVISIONS

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A prior section 626 of Pub. L. 89−329 was renumbered section 627 and is classified to section 1131e of this title. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1131e of this title. −CITE− 20 USC Sec. 1131e 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy −HEAD− Sec. 1131e. Gifts and donations −STATUTE− The Institute is authorized to receive money and other property donated, bequeathed, or devised to the Institute with or without a condition of restriction, for the purpose of providing financial support for the fellowships or underwriting the cost of the Junior Year Abroad Program. All funds or property given, devised, or bequeathed shall be retained in a separate account, and an accounting of those funds and property shall be included in the annual report described in section 1131d of this title. −SOURCE− (Pub. L. 89−329, title VI, Sec. 627, formerly Sec. 626, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 736;

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renumbered Sec. 627, and amended Pub. L. 105−244, title VI, Sec. 603(b)(1), (f), Oct. 7, 1998, 112 Stat. 1783, 1785.) −MISC1− PRIOR PROVISIONS A prior section 627 of Pub. L. 89−329 was renumbered section 628 and is classified to section 1131f of this title. AMENDMENTS 1998 − Pub. L. 105−244, Sec. 603(f), made technical amendment to reference in original act which appears in text as reference to section 1131d of this title. EFFECTIVE DATE OF 1998 AMENDMENT 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. −CITE− 20 USC Sec. 1131f 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part C − Institute for International Public Policy −HEAD− Sec. 1131f. Authorization of appropriations −STATUTE− There is authorized to be appropriated $10,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4

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succeeding fiscal years to carry out this part. −SOURCE− (Pub. L. 89−329, title VI, Sec. 628, formerly Sec. 627, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 736; renumbered Sec. 628, and amended Pub. L. 105−244, title VI, Sec. 603(b)(1), (g), Oct. 7, 1998, 112 Stat. 1783, 1786.) −MISC1− AMENDMENTS 1998 − Pub. L. 105−244, Sec. 603(g), substituted ''1999'' for ''1993''. EFFECTIVE DATE OF 1998 AMENDMENT 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. −CITE− 20 USC Part D − General Provisions 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part D − General Provisions . −HEAD− Part D − General Provisions −CITE− 20 USC Sec. 1132 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part D − General Provisions −HEAD− Sec. 1132. Definitions −STATUTE− (a) Definitions As used in this subchapter − (1) the term ''area studies'' means a program of comprehensive study of the aspects of a society or societies, including study of its history, culture, economy, politics, international relations and languages; (2) the term ''international business'' means profit−oriented business relationships conducted across national boundaries and includes activities such as the buying and selling of goods, investments in industries, the licensing of processes, patents and trademarks, and the supply of services; (3) the term ''export education'' means educating, teaching and training to provide general knowledge and specific skills pertinent to the selling of goods and services to other countries, including knowledge of market conditions, financial arrangements, laws and procedures; (4) the term ''internationalization of curricula'' means the incorporation of international or comparative perspectives in

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existing courses of study or the addition of new components to the curricula to provide an international context for American business education; (5) the term ''comprehensive language and area center'' means an administrative unit of a university that contributes significantly to the national interest in advanced research and scholarship, employs a critical mass of scholars in diverse disciplines related to a geographic concentration, offers intensive language training in languages of its area specialization, maintains important library collections related to the area, and makes training available in language and area studies to a graduate, postgraduate, and undergraduate clientele; and (6) the term ''undergraduate language and area center'' means an administrative unit of an institution of higher education, including but not limited to 4−year colleges, that contributes significantly to the national interest through the education and training of students who matriculate into advanced language and area studies programs, professional school programs, or incorporates substantial international and foreign language content into baccalaureate degree programs, engages in research, curriculum development and community outreach activities designed to broaden international and foreign language knowledge, employs faculty with strong language, area, and international studies credentials, maintains library holdings, including basic reference works, journals, and works in translation, and makes

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training available predominantly to undergraduate students; (7) the term ''critical languages'' means each of the languages contained in the list of critical languages designated by the Secretary pursuant to section 212(d) of the Education for Economic Security Act (50 Fed. Reg. 149, 31413), except that, in the implementation of this definition, the Secretary may set priorities according to the purposes of this subchapter; (8) the term ''institution of higher education'' means, in addition to institutions which meet the definition of section 1001 of this title, institutions which meet the requirements of section 1001 of this title except that (1) they are not located in the United States, and (2) they apply for assistance under this subchapter in consortia with institutions which meet the definition of section 1001 of this title; and (9) the term ''educational programs abroad'' means programs of study, internships, or service learning outside the United States which are part of a foreign language or other international curriculum at the undergraduate or graduate education levels. (b) Special conditions All references to individuals or organizations, unless the context otherwise requires, mean individuals who are citizens or permanent residents of the United States or organizations which are organized or incorporated in the United States. −SOURCE− (Pub. L. 89−329, title VI, Sec. 631, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 736; amended Pub. L.

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105−244, title I, Sec. 102(b)(8), title VI, Sec. 604(a), Oct. 7, 1998, 112 Stat. 1622, 1786.) −REFTEXT− REFERENCES IN TEXT Section 212(d) of the Education for Economic Security Act, referred to in subsec. (a)(7), is section 212(d) of Pub. L. 98−377, title II, Aug. 11, 1984, 98 Stat. 1281, as amended, which was classified to section 3972(d) of this title and was repealed by Pub. L. 100−297, title II, Sec. 2303, Apr. 28, 1988, 102 Stat. 324. −MISC2− PRIOR PROVISIONS A prior section 1132, Pub. L. 89−329, title VI, Sec. 622, as added Pub. L. 96−374, title VI, Sec. 601(a), Oct. 3, 1980, 94 Stat. 1470; amended Pub. L. 99−498, title VI, Sec. 614, Oct. 17, 1986, 100 Stat. 1520, defined terms used in this subchapter, prior to the general revision of this subchapter by Pub. L. 102−325. Another prior section 1132, Pub. L. 89−329, title VI, Sec. 622, Nov. 8, 1965, 79 Stat. 1266, related to stipends for persons attending faculty development program institutes, prior to the general revision of this subchapter by Pub. L. 96−374. AMENDMENTS 1998 − Subsec. (a)(8). Pub. L. 105−244, Sec. 102(b)(8), substituted ''section 1001'' for ''section 1141(a)'' in two places and ''of section 1001'' for ''of 1141(a)''. Subsec. (a)(9). Pub. L. 105−244, Sec. 604(a), added par. (9). EFFECTIVE DATE OF 1998 AMENDMENT

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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. EFFECTIVE DATE Part effective Oct. 1, 1992, see section 2 of Pub. L. 102−325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. −CITE− 20 USC Sec. 1132−1 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VI − INTERNATIONAL EDUCATION PROGRAMS Part D − General Provisions −HEAD− Sec. 1132−1. Repealed. Pub. L. 105−244, title VI, Sec. 604(b), Oct. 7, 1998, 112 Stat. 1786 −MISC1− Section, Pub. L. 89−329, title VI, Sec. 632, as added Pub. L. 102−325, title VI, Sec. 601, July 23, 1992, 106 Stat. 737, related to preservation of pre−1992 programs. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105−244, see section 3 of Pub. L. 105−244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.

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−CITE− 20 USC SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS . −HEAD− SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS −COD− CODIFICATION Title VII of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89−329, title VII, Nov. 8, 1965, 79 Stat. 1266; amended Pub. L. 92−318, June 23, 1972, 86 Stat. 235; Pub. L. 94−482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95−43, June 15, 1977, 91 Stat. 213; Pub. L. 96−49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96−374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 99−498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100−50, June 3, 1987, 101 Stat. 335; Pub. L. 100−203, Dec. 22, 1987, 101 Stat. 1330; Pub. L. 100−369, July 18, 1988, 102 Stat. 835; Pub. L. 102−325, July 23, 1992, 106 Stat. 448; Pub. L. 103−208, Dec. 20, 1993, 107 Stat. 2457; Pub. L. 103−382, Oct. 20, 1994, 108 Stat. 3518; Pub. L. 104−208, Sept. 30, 1996, 110 Stat. 3009. Title VII is shown herein, however, as having been added by Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786, without

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reference to those intervening amendments because of the extensive revision of title VII by Pub. L. 105−244. −MISC3− PRIOR PROVISIONS A prior section 1132a, Pub. L. 89−329, title VII, Sec. 701, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1520; amended Pub. L. 100−50, Sec. 19(1), June 3, 1987, 101 Stat. 360; Pub. L. 102−325, title VII, Sec. 701, July 23, 1992, 106 Stat. 737, authorized programs of assistance for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132a, Pub. L. 89−329, title VII, Sec. 701, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1472, related to purpose of programs of financial assistance to institutions of higher education and to higher education building agencies, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132a, Pub. L. 89−329, title VII, Sec. 701, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 288; amended Pub. L. 94−482, title I, Sec. 161(a), 162(a)(3), (b), Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 96−49, Sec. 8(a), Aug. 13, 1979, 93 Stat. 353, authorized appropriations for a program of grants for the construction, reconstruction, and renovation of undergraduate facilities, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132a−1, Pub. L. 89−329, title VII, Sec. 702, as

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added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1521; amended Pub. L. 100−50, Sec. 19(2), June 3, 1987, 101 Stat. 360; Pub. L. 102−325, title VII, Sec. 702, July 23, 1992, 106 Stat. 738, related to prior rights and obligations prior to the general amendment of this subchapter by Pub. L. 105−244. For similar provisions, see section 1011j of this title. Another prior section 1132a−1, Pub. L. 89−329, title VII, Sec. 702, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1472, authorized appropriations for fiscal years 1981 to 1985 to carry out programs for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of this subchapter by Pub. L. 99−498. Prior sections 1132a−1 to 1132a−7 were omitted in the general amendment of this subchapter by Pub. L. 96−374. Section 1132a−1, Pub. L. 89−329, title VII, Sec. 702, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 288; amended Pub. L. 94−482, title I, Sec. 162(a)(3), Oct. 12, 1976, 90 Stat. 2156, provided for allotments of funds to public community colleges and technical institutes. Section 1132a−2, Pub. L. 89−329, title VII, Sec. 703, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 290; amended Pub. L. 94−482, title I, Sec. 162(a)(3), Oct. 12, 1976, 90 Stat. 2156, related to allotments to institutions of higher education other than public community colleges and public technical institutes. Section 1132a−3, Pub. L. 89−329, title VII, Sec. 704, as added

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Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 290; amended Pub. L. 94−482, title I, Sec. 162(a)(3), (c), Oct. 12, 1976, 90 Stat. 2156, 2157, set out the requirements of State plans. Section 1132a−4, Pub. L. 89−329, title VII, Sec. 705, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 291; amended Pub. L. 94−482, title I, Sec. 162(a)(3), (4), (d), Oct. 12, 1976, 90 Stat. 2156, 2157, related to the eligibility of institutions for grants. Section 1132a−5, Pub. L. 89−329, title VII, Sec. 706, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 292; amended Pub. L. 94−482, title I, Sec. 162(a)(3), Oct. 12, 1976, 90 Stat. 2156, related to the basic criteria to be applied to State plans. Section 1132a−6, Pub. L. 89−329, title VII, Sec. 707, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 292; amended Pub. L. 94−482, title I, Sec. 162(a)(3), (5), Oct. 12, 1976, 90 Stat. 2156, 2157, related to applications for grants for construction, renovation, and reconstruction of undergraduate facilities. Section 1132a−7, Pub. L. 89−329, title VII, Sec. 708, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 293, related to the disapproval of State plans and to judicial review. A prior section 1132b, Pub. L. 89−329, title VII, Sec. 711, as added Pub. L. 102−325, title VII, Sec. 703, July 23, 1992, 106 Stat. 738, provided that former part A of this subchapter could be cited as the ''Higher Education Facilities Act of 1992'', prior to

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the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132b, Pub. L. 89−329, title VII, Sec. 711, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1522, related to State plans for construction, reconstruction, and renovation of undergraduate academic facilities, prior to the general amendment of part A of this subchapter by Pub. L. 102−325. Another prior section 1132b, Pub. L. 89−329, title VII, Sec. 711, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1473, required submission of State plans, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132b, Pub. L. 89−329, title VII, Sec. 721, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 294; amended Pub. L. 94−482, title I, Sec. 161(b), 162(e), Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 96−49, Sec. 8(b), Aug. 13, 1979, 93 Stat. 353, set out Congressional declaration of purpose, grant of authority, and authorization of appropriations for the program of grants for construction, reconstruction, and renovation of graduate academic facilities, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132b−1, Pub. L. 89−329, title VII, Sec. 712, as added Pub. L. 102−325, title VII, Sec. 703, July 23, 1992, 106 Stat. 738, stated findings of Congress, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132b−1, Pub. L. 89−329, title VII, Sec. 712, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986,

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100 Stat. 1522, related to basic criteria for consideration of State plans, prior to the general amendment of part A of this subchapter by Pub. L. 102−325. Another prior section 1132b−1, Pub. L. 89−329, title VII, Sec. 712, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1473, related to basic criteria for consideration of State plans, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132b−1, Pub. L. 89−329, title VII, Sec. 722, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 294, related to authority to make grants to eligible institutions, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132b−2, Pub. L. 89−329, title VII, Sec. 713, as added Pub. L. 102−325, title VII, Sec. 703, July 23, 1992, 106 Stat. 738, related to distribution of assistance, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132b−2, Pub. L. 89−329, title VII, Sec. 713, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1522, related to allotment of funds, prior to the general amendment of part A of this subchapter by Pub. L. 102−325. Another prior section 1132b−2, Pub. L. 89−329, title VII, Sec. 713, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1473, related to allotment of appropriations among States, prior to the general amendment of this subchapter by Pub. L. 99−498.

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Prior sections 1132b−3 to 1132b−5 were omitted in the general amendment of this subchapter by Pub. L. 105−244. Section 1132b−3, Pub. L. 89−329, title VII, Sec. 714, as added Pub. L. 102−325, title VII, Sec. 703, July 23, 1992, 106 Stat. 740; amended Pub. L. 103−208, Sec. 2(j)(14), Dec. 20, 1993, 107 Stat. 2481, related to use of funds. Section 1132b−4, Pub. L. 89−329, title VII, Sec. 715, as added Pub. L. 102−325, title VII, Sec. 703, July 23, 1992, 106 Stat. 740; amended Pub. L. 103−208, Sec. 2(j)(15), Dec. 20, 1993, 107 Stat. 2481, related to applications for allotments and grants. Section 1132b−5, Pub. L. 89−329, title VII, Sec. 716, as added Pub. L. 102−325, title VII, Sec. 703, July 23, 1992, 106 Stat. 741, authorized appropriations for former part A of this subchapter. A prior section 1132c, Pub. L. 89−329, title VII, Sec. 721, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106 Stat. 741, which stated findings of Congress, was renumbered section 341 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1066 of this title. Another prior section 1132c, Pub. L. 89−329, title VII, Sec. 721, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1524, related to grants for construction, reconstruction, and renovation of graduate academic facilities, prior to the general amendment of part B of this subchapter by Pub. L. 102−325. Another prior section 1132c, Pub. L. 89−329, title VII, Sec. 721, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94

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Stat. 1475, authorized grants to graduate institutions of higher education, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132c, Pub. L. 89−329, title VII, Sec. 741, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 295; amended Pub. L. 94−482, title I, Sec. 161(c), 162(a)(3), Oct. 12, 1976, 90 Stat. 2156; Pub. L. 96−49, Sec. 8(c)(1), Aug. 13, 1979, 93 Stat. 353, set out grant of authority and authorization of appropriations for program of loans for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132c−1, Pub. L. 89−329, title VII, Sec. 722, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106 Stat. 742, which defined terms, was renumbered section 342 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1066a of this title. Another prior section 1132c−1, Pub. L. 89−329, title VII, Sec. 742, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 295; amended Pub. L. 94−482, title I, Sec. 162(a)(3), (6), Oct. 12, 1976, 90 Stat. 2156, 2157, related to eligibility, conditions, amounts, and terms of loans for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132c−2, Pub. L. 89−329, title VII, Sec. 723, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106

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Stat. 743, and amended, which related to Federal insurance for bonds, was renumbered section 343 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1066b of this title. Another prior section 1132c−2, Pub. L. 89−329, title VII, Sec. 743, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 296; amended Pub. L. 94−482, title I, Sec. 162(f), Oct. 12, 1976, 90 Stat. 2157, contained general provisions covering programs of loans for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132c−3, Pub. L. 89−329, title VII, Sec. 724, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106 Stat. 745, which related to limitations on Federal insurance for bonds issued by designated bonding authority, was renumbered section 344 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1066c of this title. Another prior section 1132c−3, Pub. L. 89−329, title VII, Sec. 744, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 296, provided for creation of Revolving Loan Fund and Insurance Fund, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132c−4, Pub. L. 89−329, title VII, Sec. 725, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106 Stat. 745, and amended, which related to authority of Secretary,

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was renumbered section 345 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1066d of this title. Another prior section 1132c−4, Pub. L. 89−329, title VII, Sec. 745, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 297; amended Pub. L. 94−482, title I, Sec. 161(d), 162(a)(3), (g), Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 95−43, Sec. 1(b)(6), June 15, 1977, 91 Stat. 218; Pub. L. 96−49, Sec. 8(c)(2), Aug. 13, 1979, 93 Stat. 353, related to annual interest grants, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132c−5, Pub. L. 89−329, title VII, Sec. 726, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106 Stat. 746, and amended, which restricted receipt of grants under former part A of this subchapter, was renumbered section 346 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, transferred to section 1066e of this title, and subsequently repealed. Another prior section 1132c−5, Pub. L. 89−329, title VII, Sec. 746, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 298; amended Pub. L. 94−482, title I, Sec. 162(a)(3), Oct. 12, 1976, 90 Stat. 2156, related to academic facilities loan insurance, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132c−6, Pub. L. 89−329, title VII, Sec. 727, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106

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Stat. 746, which related to HBCU Capital Financing Advisory Board, was renumbered section 347 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1066f of this title. A prior section 1132c−7, Pub. L. 89−329, title VII, Sec. 728, as added Pub. L. 102−325, title VII, Sec. 704, July 23, 1992, 106 Stat. 747, which related to minority business enterprise utilization, was renumbered section 348 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1066g of this title. A prior section 1132d, Pub. L. 89−329, title VII, Sec. 731, as added Pub. L. 102−325, title VII, Sec. 705, July 23, 1992, 106 Stat. 747; amended Pub. L. 103−208, Sec. 2(j)(18), (19), Dec. 20, 1993, 107 Stat. 2481, related to Federal assistance in form of loans, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132d, Pub. L. 89−329, title VII, Sec. 731, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1525; amended Pub. L. 100−50, Sec. 19(3), June 3, 1987, 101 Stat. 360, related to eligibility conditions, amounts, and terms of loans for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of part C of this subchapter by Pub. L. 102−325. Another prior section 1132d, Pub. L. 89−329, title VII, Sec. 731, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94

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Stat. 1475, related to eligibility conditions, amounts, and terms of loans for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132d, Pub. L. 89−329, title VII, Sec. 761, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 299, authorized appropriations for the program of assistance to major disaster areas, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132d−1, Pub. L. 89−329, title VII, Sec. 732, as added Pub. L. 102−325, title VII, Sec. 705, July 23, 1992, 106 Stat. 748, contained general provisions relating to functions, powers, and duties of the Secretary under former part C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132d−1, Pub. L. 89−329, title VII, Sec. 732, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1526; amended Pub. L. 100−369, Sec. 7(c), July 18, 1988, 102 Stat. 837, set out general provisions for loan program, prior to the general amendment of part C of this subchapter by Pub. L. 102−325. Another prior section 1132d−1, Pub. L. 89−329, title VII, Sec. 732, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1475, set out general provisions for program of loans for construction, reconstruction, and renovation of academic facilities, prior to the general amendment of this subchapter by

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Pub. L. 99−498. Another prior section 1132d−1, Pub. L. 89−329, title VII, Sec. 762, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 299; amended Pub. L. 94−482, title I, Sec. 161(e), 162(h), Oct. 12, 1979, 90 Stat. 2156, 2157, provided for disaster assistance for replacement or restoration of academic facilities, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132d−2, Pub. L. 89−329, title VII, Sec. 733, as added Pub. L. 102−325, title VII, Sec. 705, July 23, 1992, 106 Stat. 750, related to apportionment of funds, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132d−2, Pub. L. 89−329, title VII, Sec. 733, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1527; amended Pub. L. 100−50, Sec. 19(4), June 3, 1987, 101 Stat. 360, related to revolving loan fund, prior to the general amendment of part C of this subchapter by Pub. L. 102−325. Another prior section 1132d−2, Pub. L. 89−329, title VII, Sec. 733, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1476, related to revolving loan and insurance fund, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132d−2, Pub. L. 89−329, title VII, Sec. 763, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, related to grants for the purchase of equipment and supplies, prior to the general amendment of this subchapter by Pub. L. 96−374.

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A prior section 1132d−3, Pub. L. 89−329, title VII, Sec. 734, as added Pub. L. 102−325, title VII, Sec. 705, July 23, 1992, 106 Stat. 751; amended Pub. L. 103−208, Sec. 2(j)(20), Dec. 20, 1993, 107 Stat. 2481, defined terms, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132d−3, Pub. L. 89−329, title VII, Sec. 734, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1477, related to annual interest grants to assist institutions of higher education and higher education building agencies, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132d−3, Pub. L. 89−329, title VII, Sec. 764, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, related to repayable assistance in lieu of a grant, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132d−4, Pub. L. 89−329, title VII, Sec. 735, as added Pub. L. 102−325, title VII, Sec. 705, July 23, 1992, 106 Stat. 753, authorized appropriations for former part C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 1132d−4, Pub. L. 89−329, title VII, Sec. 735, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1477, related to academic facilities loan insurance, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132d−4, Pub. L. 89−329, title VII, Sec.

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765, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, related to applications for assistance to institutions of higher education, prior to the general amendment of this subchapter by Pub. L. 96−374. Prior sections 1132d−5 and 1132d−11 were omitted in the general amendment of this subchapter by Pub. L. 96−374. Section 1132d−5, Pub. L. 89−329, title VII, Sec. 766, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300, defined ''major disaster'' and ''public institution of higher education''. Section 1132d−11, Pub. L. 89−329, title VII, Sec. 771, as added Pub. L. 94−482, title I, Sec. 162(i), Oct. 12, 1976, 90 Stat. 2157; amended Pub. L. 95−43, Sec. 1(a)(43), June 15, 1977, 91 Stat. 217, provided for a program of grants or loans for reconstruction or renovation of academic facilities. A prior section 1132e, Pub. L. 89−329, title VII, Sec. 741, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1528, provided for annual interest grants to assist institutions of higher education in reducing the cost of borrowing money, prior to repeal by Pub. L. 102−325, Sec. 2, title VII, Sec. 706, July 23, 1992, 106 Stat. 458, 753, effective Oct. 1, 1992. Another prior section 1132e, Pub. L. 89−329, title VII, Sec. 741, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1478, related to recovery of payments of grants and use of projects, prior to the general amendment of this subchapter by Pub. L. 99−498.

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Another prior section 1132e, Pub. L. 89−329, title VII, Sec. 781, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 300; amended Pub. L. 94−482, title I, Sec. 162(a)(3), (4), Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 95−43, Sec. 1(a)(44), June 15, 1977, 91 Stat. 218, related to the recovery of payments, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1132e−1, Pub. L. 89−329, title VII, Sec. 742, as added Pub. L. 96−374, title VII, Sec. 701, Oct. 3, 1980, 94 Stat. 1479, defined terms used in this subchapter, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 1132e−1, Pub. L. 89−329, title VII, Sec. 782, as added Pub. L. 92−318, title I, Sec. 161(a), June 23, 1972, 86 Stat. 301; amended Pub. L. 94−482, title I, Sec. 162(a)(3), (4), (j), Oct. 12, 1976, 90 Stat. 2156−2158, defined terms used in this subchapter, prior to the general amendment of this subchapter by Pub. L. 96−374. Prior sections 1132f to 1132f−9 were repealed by Pub. L. 104−208, div. A, title I, Sec. 101(e) (title VI, Sec. 603(d)), Sept. 30, 1996, 110 Stat. 3009−233, 3009−293. Section 1132f, Pub. L. 89−329, title VII, Sec. 751, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1528, related to congressional declaration of purpose of this part to authorize participation of United States Government and Student Loan Marketing Association in private, for profit corporation known as College Construction Loan Insurance Association, and defined

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''education facilities purpose''. Section 1132f−1, Pub. L. 89−329, title VII, Sec. 752, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1529; amended Pub. L. 102−325, title VII, Sec. 707(b), July 23, 1992, 106 Stat. 753, related to criteria used by Corporation for providing guarantees and insurance on obligations issued for education facilities purposes. Section 1132f−2, Pub. L. 89−329, title VII, Sec. 753, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1530, related to process of organizing Corporation. Section 1132f−3, Pub. L. 89−329, title VII, Sec. 754, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1531, related to operation and election of Corporation's Board of Directors. Section 1132f−4, Pub. L. 89−329, title VII, Sec. 755, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1531, related to initial capitalization of Corporation. Section 1132f−5, Pub. L. 89−329, title VII, Sec. 756, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1532, related to issuance of nonvoting stock and debt to public. Section 1132f−6, Pub. L. 89−329, title VII, Sec. 757, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1532, provided that no obligation which is insured, guaranteed, or otherwise backed by Corporation be deemed to be guaranteed by full faith and credit of United States or guaranteed by Student Loan Marketing Association, with provision that this section not affect

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determination of whether such obligation is guaranteed for purposes of Federal income taxes. Section 1132f−7, Pub. L. 89−329, title VII, Sec. 758, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1532, related to authority of Secretary to sell common stock of Corporation and Student Loan Marketing Association's right of first refusal. Section 1132f−8, Pub. L. 89−329, title VII, Sec. 759, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1533, related to use of stock sale proceeds. Section 1132f−9, Pub. L. 89−329, title VII, Sec. 760, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1533, provided for audits and reports to President and Congress. A prior section 1132f−10, Pub. L. 104−208, div. A, title I, Sec. 101(e) (title VI, Sec. 603), Sept. 30, 1996, 110 Stat. 3009−233, 3009−290, which related to Connie Lee privatization, was transferred to section 1155 of this title. Prior sections 1132g to 1132g−3 and 1132h to 1132h−6 were repealed by Pub. L. 102−325, Sec. 2, title VII, Sec. 706, July 23, 1992, 106 Stat. 458, 753, effective Oct. 1, 1992. Section 1132g, Pub. L. 89−329, title VII, Sec. 761, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1533, related to Federal assistance to undergraduate postsecondary educational institutions in form of loans. Section 1132g−1, Pub. L. 89−329, title VII, Sec. 762, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1535;

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amended Pub. L. 100−369, Sec. 7(c), July 18, 1988, 102 Stat. 837, set out general provisions applicable to loans, including budget and accounting, use of funds, legal powers of Secretary in loan program, and limitations. Section 1132g−2, Pub. L. 89−329, title VII, Sec. 763, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1537, directed that not more than 12.5 percent of loan funds be made available in any one State and set priorities as to types of projects to be approved. Section 1132g−3, Pub. L. 89−329, title VII, Sec. 764, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1537; amended Pub. L. 100−50, Sec. 19(5), June 3, 1987, 101 Stat. 360, defined terms used in sections 1132g to 1132g−3 of this title. Section 1132h, Pub. L. 89−329, title VII, Sec. 771, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1539, provided for financial assistance to Eastern Michigan University in Ypsilanti, Michigan, for renovation and restoration of Welch Hall. Section 1132h−1, Pub. L. 89−329, title VII, Sec. 772, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1539, provided for financial assistance to Rochester Institute of Technology in Rochester, New York, for Federal share of construction and related costs of Academic Health Education Center facility. Section 1132h−2, Pub. L. 89−329, title VII, Sec. 773, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1540, provided financial assistance to Shaw University of Raleigh, North

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Carolina, for renovation and restoration of Estey Hall. Section 1132h−3, Pub. L. 89−329, title VII, Sec. 774, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1540, provided for an electronic instructional network for gifted and talented students. Section 1132h−4, Pub. L. 89−329, title VII, Sec. 775, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1541, provided for financial assistance to Bethune−Cookman College in Volusia County, Florida, for establishment of Mary McLeod Bethune Memorial Fine Arts Center. Section 1132h−5, Pub. L. 89−329, title VII, Sec. 776, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1541, provided for financial assistance for University of Connecticut Behavioral Science Facility at Storrs, Connecticut. Section 1132h−6, Pub. L. 89−329, title VII, Sec. 777, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1541, provided for financial assistance for the establishment of a business administration program at University of Rhode Island in Kingston, Rhode Island. Prior sections 1132i to 1132i−2 were omitted in the general amendment of this subchapter by Pub. L. 105−244. Section 1132i, Pub. L. 89−329, title VII, Sec. 781, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1542; amended Pub. L. 102−325, title VII, Sec. 708(b), July 23, 1992, 106 Stat. 754; Pub. L. 103−208, Sec. 2(j)(21), Dec. 20, 1993, 107 Stat. 2481, related to recovery of payments upon cessation of public

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benefit. See section 1011k of this title. Section 1132i−1, (Pub. L. 89−329, title VII, Sec. 782, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1542; amended Pub. L. 100−50, Sec. 19(6), June 3, 1987, 101 Stat. 360; Pub. L. 102−325, title VII, Sec. 708(c), July 23, 1992, 106 Stat. 754; Pub. L. 103−208, Sec. 2(j)(22), Dec. 20, 1993, 107 Stat. 2481, defined terms used in this subchapter. Section 1132i−2, Pub. L. 89−329, title VII, Sec. 783, as added Pub. L. 99−498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1545; amended Pub. L. 100−203, title III, Sec. 3101, Dec. 22, 1987, 101 Stat. 1330−39; Pub. L. 102−325, title VII, Sec. 708(d), July 23, 1992, 106 Stat. 754; Pub. L. 103−208, Sec. 2(j)(23), Dec. 20, 1993, 107 Stat. 2481, related to forgiveness of certain loans. A prior section 1132j, Pub. L. 89−329, title VII, Sec. 795, as added Pub. L. 100−418, title VI, Sec. 6211, Aug. 23, 1988, 102 Stat. 1517, provided for a program of agricultural, strategic metals, minerals, forestry, and oceans college and university research facilities and instrumentation modernization, prior to repeal by Pub. L. 102−325, Sec. 2, title VII, Sec. 706, July 23, 1992, 106 Stat. 458, 753, effective Oct. 1, 1992. −CITE− 20 USC Sec. 1133 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

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−HEAD− Sec. 1133. Purpose −STATUTE− 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 700, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786.) −MISC1− PRIOR PROVISIONS Prior sections 1133 to 1133c, which comprised a prior subchapter VIII of this chapter, were repealed by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Section 1133, Pub. L. 89−329, title VIII, Sec. 801, as added Pub.

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L. 99−498, title VIII, Sec. 801, Oct. 17, 1986, 100 Stat. 1546; amended Pub. L. 102−325, title VIII, Sec. 801, July 23, 1992, 106 Stat. 755, stated purpose of former subchapter VIII of this chapter and defined ''cooperative education''. Another prior section 1133, Pub. L. 89−329, title VIII, Sec. 801, as added Pub. L. 94−482, title I, Sec. 129(b), Oct. 12, 1976, 90 Stat. 2144; amended Pub. L. 96−374, title VIII, Sec. 801(a), (b), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1481, 1482, 1503, authorized appropriations for fiscal years 1976 to 1985 for grants and contracts for cooperative education, prior to the general amendment of subchapter VIII of this chapter by Pub. L. 99−498. Another prior section 1133, Pub. L. 89−329, title VIII, Sec. 801, as added Pub. L. 90−575, title II, Sec. 251, Oct. 16, 1968, 82 Stat. 1042; amended Pub. L. 92−318, title I, Sec. 172(a), June 23, 1972, 86 Stat. 304, authorized projects and grants for sharing educational and related resources by institutions of higher education, prior to the general amendment of subchapter VIII of this chapter by Pub. L. 94−482. Section 1133a, Pub. L. 89−329, title VIII, Sec. 802, as added Pub. L. 99−498, title VIII, Sec. 801, Oct. 17, 1986, 100 Stat. 1546; amended Pub. L. 102−325, title VIII, Sec. 801, July 23, 1992, 106 Stat. 755; Pub. L. 103−208, Sec. 2(j)(24), Dec. 20, 1993, 107 Stat. 2482, authorized appropriations for former subchapter VIII of this chapter. Another prior section 1133a, Pub. L. 89−329, title VIII, Sec.

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802, as added Pub. L. 94−482, title I, Sec. 129(b), Oct. 12, 1976, 90 Stat. 2145; amended Pub. L. 96−374, title VIII, Sec. 801(c), (d), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1482, 1503, authorized grants for programs of cooperative education, prior to the general amendment of subchapter VIII of this chapter by Pub. L. 99−498. Another prior section 1133a, Pub. L. 89−329, title VIII, Sec. 802, as added Pub. L. 90−575, title II, Sec. 251, Oct. 16, 1968, 82 Stat. 1043; amended Pub. L. 92−318, title I, Sec. 171, June 23, 1972, 86 Stat. 304, authorized appropriations for projects and grants for sharing educational and related resources, prior to the general amendment of subchapter VIII of this chapter by Pub. L. 94−482. Section 1133b, Pub. L. 89−329, title VIII, Sec. 803, as added Pub. L. 99−498, title VIII, Sec. 801, Oct. 17, 1986, 100 Stat. 1548; amended Pub. L. 102−325, title VIII, Sec. 801, July 23, 1992, 106 Stat. 756; Pub. L. 103−208, Sec. 2(j)(25), (26), Dec. 20, 1993, 107 Stat. 2482, authorized grants for cooperative education. Another prior section 1133b, Pub. L. 89−329, title VIII, Sec. 803, as added Pub. L. 94−482, title I, Sec. 129(b), Oct. 12, 1976, 90 Stat. 2146; amended Pub. L. 96−374, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, authorized grants and contracts for training and research related to cooperative education, prior to the general amendment of subchapter VIII of this chapter by Pub. L. 99−498. Another prior section 1133b, Pub. L. 89−329, title VIII, Sec.

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803, as added Pub. L. 90−575, title II, Sec. 251, Oct. 16, 1968, 82 Stat. 1043, authorized free or reduced rates for sharing educational or related resources by institutions of higher education, prior to the general amendment of subchapter VIII of this chapter by Pub. L. 94−482. Section 1133c, Pub. L. 89−329, title VIII, Sec. 804, as added Pub. L. 102−325, title VIII, Sec. 801, July 23, 1992, 106 Stat. 759, authorized grants and contracts for demonstration and innovation projects, training and resource centers, and research. CONTINUATION OF CHAPTER 21 PROGRAMS Pub. L. 92−318, title I, Sec. 161(b)(1), June 23, 1972, 86 Stat. 303, provided that: ''The programs authorized by title VII of the Higher Education Act of 1965 (this subchapter) shall be deemed to be a continuation of the comparable programs authorized by the Higher Education Facilities Act of 1963 (former section 701 et seq. of this title).'' −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1137 of this title. −CITE− 20 USC Part A − Graduate Education Programs 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs

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. −HEAD− Part A − Graduate Education Programs −CITE− 20 USC subpart 1 − jacob k. javits fellowship program 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 1 − jacob k. javits fellowship program . −HEAD− subpart 1 − jacob k. javits fellowship program −SECREF− SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 1137 of this title. −CITE− 20 USC Sec. 1134 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 1 − jacob k. javits fellowship program −HEAD−

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Sec. 1134. Award of Jacob K. Javits fellowships −STATUTE− (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 master's degree in those fields in which the master's 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

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away from the campus, if such independent study is supportive of the fellowship recipient's academic program and shall continue payments for those 12−month periods during which the student is pursuing travel or independent study supportive of the recipient's 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 701, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1134h of this title, prior to repeal by Pub. L. 105−244. A prior section 1134, Pub. L. 89−329, title IX, Sec. 901, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100

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Stat. 1549; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 760; Pub. L. 103−208, Sec. 2(j)(27), Dec. 20, 1993, 107 Stat. 2482, stated purpose of former subchapter IX of this chapter and contained administrative provisions, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1134, Pub. L. 89−329, title IX, Sec. 901, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304; amended Pub. L. 94−482, title I, Sec. 171(a)(1), (2), Oct. 12, 1976, 90 Stat. 2159; Pub. L. 96−49, Sec. 9(a), Aug. 13, 1979, 93 Stat. 353; Pub. L. 96−374, title IX, Sec. 901(a), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1482, 1503, set forth Congressional declaration of purpose and authorized appropriations for grants to institutions of higher education, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134, Pub. L. 89−329, title IX, Sec. 901, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1043, set forth Congressional declaration of purpose respecting education for the public service, prior to repeal by Pub. L. 92−318. A prior section 701 of Pub. L. 89−329 was classified to section 1132a of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 701 of Pub. L. 89−329 was classified to section 1132a of this title, prior to the general amendment of this

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subchapter by Pub. L. 99−498. Another prior section 701 of Pub. L. 89−329 was classified to section 1132a of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1134a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 1 − jacob k. javits fellowship program −HEAD− Sec. 1134a. Allocation of fellowships −STATUTE− (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

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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 program's 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

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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 Board's 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

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 702, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1787.) −REFTEXT− REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec.

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(a)(7), is set out in section 5315 of Title 5, Government Organization and Employees. −MISC2− PRIOR PROVISIONS Provisions similar to this section were contained in section 1134i of this title, prior to repeal by Pub. L. 105−244. A prior section 1134a, Pub. L. 89−329, title IX, Sec. 911, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 761, authorized grants to encourage women and minority participation in graduate education, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1134a, Pub. L. 89−329, title IX, Sec. 902, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1550, related to submission and contents of applications, prior to the general amendment of part A of subchapter IX of this chapter by Pub. L. 102−325. Another prior section 1134a, Pub. L. 89−329, title IX, Sec. 902, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 305; amended Pub. L. 94−482, title I, Sec. 171(a)(3), Oct. 12, 1976, 90 Stat. 2159; Pub. L. 96−374, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, related to applications for grants to institutions of higher education, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134a, Pub. L. 89−329, title IX, Sec. 903,

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as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1043, related to project grants and contracts to strengthen and improve education for the public service, prior to repeal by Pub. L. 92−318. A prior section 702 of Pub. L. 89−329 was classified to section 1132a−1 of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 702 of Pub. L. 89−329 was classified to section 1132a−1 of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 702 of Pub. L. 89−329 was classified to section 1132a−1 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1134b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 1 − jacob k. javits fellowship program −HEAD− Sec. 1134b. Stipends −STATUTE− (a) Award by Secretary The Secretary shall pay to individuals awarded fellowships under

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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 individual's first stipend under this subpart in academic year 1999−2000 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 fellow's 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 1999−2000 and succeeding academic years, the same amount as the institutional payment made for 1998−1999 under section 1134j(b) of this title (as such section was in effect on the day before October 7, 1998) adjusted for 1999−2000 and annually thereafter in accordance with inflation as determined by the Department of Labor's 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

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collects from a fellowship recipient for tuition and other expenses as part of the recipient's 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). −SOURCE− (Pub. L. 89−329, title VII, Sec. 703, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1789.) −REFTEXT− REFERENCES IN TEXT Section 1134j of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. −MISC2− PRIOR PROVISIONS Provisions similar to this section were contained in section 1134j of this title, prior to repeal by Pub. L. 105−244.

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A prior section 1134b, Pub. L. 89−329, title IX, Sec. 912, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 761, related to submission and contents of application for assistance, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1134b, Pub. L. 89−329, title IX, Sec. 903, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1550, related to use of award funds, prior to the general amendment of part A of subchapter IX of this chapter by Pub. L. 102−325. Another prior section 1134b, Pub. L. 89−329, title IX, Sec. 903, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 305; amended Pub. L. 94−482, title I, Sec. 171(a)(4), Oct. 12, 1976, 90 Stat. 2160; Pub. L. 96−374, title IX, Sec. 901(b), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1482, 1503, related to the uses of funds appropriated to make grants to institutions of higher education, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134b, Pub. L. 89−329, title IX, Sec. 904, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1044, related to application for grants or contracts to strengthen and improve education for the public service, providing in subsec. (a) for requisites of application, subsec. (b) for allocation of grants and contracts, and subsec. (c) for payment of compensation of students employed in public service and

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participation of Federal agencies and departments, prior to repeal by Pub. L. 92−318. A prior section 703 of Pub. L. 89−329 was classified to section 1132a−2 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1134c, 1137 of this title. −CITE− 20 USC Sec. 1134c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 1 − jacob k. javits fellowship program −HEAD− Sec. 1134c. Fellowship conditions −STATUTE− (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

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 704, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1789.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1134k of this title, prior to repeal by Pub. L. 105−244. A prior section 1134c, Pub. L. 89−329, title IX, Sec. 913, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 762, related to use of funds by grant recipients, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.

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Another prior section 1134c, Pub. L. 89−329, title IX, Sec. 904, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 306; amended Pub. L. 96−374, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503, authorized studies and research activities on the need for, and improvement of, graduate programs, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134c, Pub. L. 89−329, title IX, Sec. 911, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1044, provided for authorization to award public service fellowships, prior to repeal by Pub. L. 92−318. A prior section 704 of Pub. L. 89−329 was classified to section 1132a−3 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. Prior sections 1134c−1 and 1134c−2 were repealed by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Section 1134c−1, Pub. L. 89−329, title IX, Sec. 914, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 762, related to information collection. Section 1134c−2, Pub. L. 89−329, title IX, Sec. 915, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 762, authorized appropriations for part A of former subchapter IX of this chapter. −CITE− 20 USC Sec. 1134d 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 1 − jacob k. javits fellowship program −HEAD− Sec. 1134d. Authorization of appropriations −STATUTE− 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 705, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1790.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1134k−1 of this title, prior to repeal by Pub. L. 105−244. A prior section 1134d, Pub. L. 89−329, title IX, Sec. 921, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1550; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 762, stated purpose of the Patricia Roberts Harris Fellowship program and provided that a recipient of an award under that program be known as a ''Patricia Roberts Harris Graduate Fellow'', prior to repeal by Pub. L. 105−244, Sec. 3, title VII,

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Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1134d, Pub. L. 89−329, title IX, Sec. 921, as added Pub. L. 96−374, title IX, Sec. 902(a), Oct. 3, 1980, 94 Stat. 1482, set forth Congressional statement of purpose, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134d, Pub. L. 89−329, title IX, Sec. 921, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 306; amended Pub. L. 94−482, title I, Sec. 171(b), Oct. 12, 1976, 90 Stat. 2160, authorized appropriations for carrying out the program of fellowships for graduate and professional study, prior to the general amendment of part B of subchapter IX of this chapter by Pub. L. 96−374. Another prior section 1134d, Pub. L. 89−329, title IX, Sec. 912, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1045, provided for allocation of public service fellowships, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. A prior section 705 of Pub. L. 89−329 was classified to section 1132a−4 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. Prior sections 1134e to 1134w were repealed by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Section 1134e, Pub. L. 89−329, title IX, Sec. 922, as added Pub.

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L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1550; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 763; Pub. L. 103−208, Sec. 2(j)(28), Dec. 20, 1993, 107 Stat. 2482, authorized Patricia Roberts Harris Fellowship program. Another prior section 1134e, Pub. L. 89−329, title IX, Sec. 922, as added Pub. L. 96−374, title IX, Sec. 902(a), Oct. 3, 1980, 94 Stat. 1482, authorized program of grants to assist graduate and professional study, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134e, Pub. L. 89−329, title IX, Sec. 922, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 306; amended Pub. L. 94−482, title I, Sec. 171(b), Oct. 12, 1976, 90 Stat. 2160; Pub. L. 96−49, Sec. 9(b), Aug. 13, 1979, 93 Stat. 353, related to the authorization, duration, and extension of the period of fellowships, the awarding of vacated fellowships, and the question of the interruption of studies of fellowship recipients, prior to the general amendment of part B of subchapter IX of this chapter by Pub. L. 96−374. Another prior section 1134e, Pub. L. 89−329, title IX, Sec. 913, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1045, provided for approval of programs, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134f, Pub. L. 89−329, title IX, Sec. 923, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1552; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 764; Pub. L. 103−208, Sec. 2(j)(29)−(31), Dec. 20, 1993, 107

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Stat. 2482, 2483, related to award of fellowships. Another prior section 1134f, Pub. L. 89−329, title IX, Sec. 923, as added Pub. L. 96−374, title IX, Sec. 902(a), Oct. 3, 1980, 94 Stat. 1484, related to award of fellowships to graduate and professional students, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134f, Pub. L. 89−329, title IX, Sec. 923, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 306; amended Pub. L. 94−482, title I, Sec. 171(b), Oct. 12, 1976, 90 Stat. 2160, related to the award of fellowships and the approval of graduate programs, prior to the general amendment of part B of subchapter IX of this chapter by Pub. L. 96−374. Another prior section 1134f, Pub. L. 89−329, title IX, Sec. 914, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1045, provided for stipends for public service fellowships, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134g, Pub. L. 89−329, title IX, Sec. 924, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 765; amended Pub. L. 103−208, Sec. 2(j)(32), Dec. 20, 1993, 107 Stat. 2483, authorized appropriations for Patricia Roberts Harris Fellowship program. Another prior section 1134g, Pub. L. 89−329, title IX, Sec. 924, as added Pub. L. 96−374, title IX, Sec. 902(a), Oct. 3, 1980, 94 Stat. 1484, authorized appropriations for fiscal years 1981 to 1985 for grant program to assist graduate and professional students,

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prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134g, Pub. L. 89−329, title IX, Sec. 924, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 307; amended Pub. L. 94−482, title I, Sec. 171(b), Oct. 12, 1976, 90 Stat. 2161, related to fellowship stipends, additional allowances to institutions of higher education, and deductions, prior to the general amendment of part B of subchapter IX of this chapter by Pub. L. 96−374. Another prior section 1134g, Pub. L. 89−329, title IX, Sec. 915, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1045, provided for public service fellowship conditions, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134h, Pub. L. 89−329, title IX, Sec. 931, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1552; amended Pub. L. 100−50, Sec. 20(1), June 3, 1987, 101 Stat. 360; Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 765; Pub. L. 103−208, Sec. 2(j)(33), Dec. 20, 1993, 107 Stat. 2483, authorized award of Jacob K. Javits fellowships and provided that award recipients be known as ''Jacob K. Javits Fellows''. See section 1134 of this title. Another prior section 1134h, Pub. L. 89−329, title IX, Sec. 931, as added Pub. L. 96−374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat. 1484; amended Pub. L. 99−159, title VIII, Sec. 802, Nov. 22, 1985, 99 Stat. 908, authorized award of fellowships for graduate study in

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arts, humanities, and social sciences, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134h, Pub. L. 89−329, title IX, Sec. 925, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 307; amended Pub. L. 94−482, title I, Sec. 171(b), Oct. 12, 1976, 90 Stat. 2162, set out conditions attached to fellowships for graduate and professional study, prior to the general amendment of part B of subchapter IX of this chapter by Pub. L. 96−374. Another prior section 1134h, Pub. L. 89−329, title IX, Sec. 921, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1046, defined ''State'', ''institution of higher education'', ''public service'' and ''academic year'', prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134i, Pub. L. 89−329, title IX, Sec. 932, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1553; amended Pub. L. 100−50, Sec. 20(2), (3), June 3, 1987, 101 Stat. 360; Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 766; Pub. L. 103−208, Sec. 2(j)(34), (35), Dec. 20, 1993, 107 Stat. 2483, related to Jacob K. Javits Fellows Program Fellowship Board and to allocation of fellowships. See section 1134a of this title. Another prior section 1134i, Pub. L. 89−329, title IX, Sec. 932, as added Pub. L. 96−374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat. 1485, related to allocation of fellowships for graduate study in arts, humanities, and social sciences, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134i, Pub. L. 89−329, title IX, Sec. 941,

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as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 308; amended Pub. L. 94−482, title I, Sec. 171(c)(1), Oct. 12, 1976, 90 Stat. 2162; Pub. L. 96−49, Sec. 9(c), Aug. 13, 1979, 93 Stat. 353, related to award of public service fellowships, prior to repeal by section 902(b) of Pub. L. 96−374. Another prior section 1134i, Pub. L. 89−329, title IX, Sec. 922, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1046, related to coordination of Federal assistance respecting education for the public service, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134j, Pub. L. 89−329, title IX, Sec. 933, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1554; amended Pub. L. 100−50, Sec. 20(4), June 3, 1987, 101 Stat. 360; Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 767; Pub. L. 103−208, Sec. 2(j)(36), Dec. 20, 1993, 107 Stat. 2483, related to payment of stipends to award recipients. See section 1134b of this title. Another prior section 1134j, Pub. L. 89−329, title IX, Sec. 933, as added Pub. L. 96−374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat. 1486, related to stipends paid to individuals awarded fellowships for graduate study in arts, humanities, and social sciences, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134j, Pub. L. 89−329, title IX, Sec. 942, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 308; amended Pub. L. 94−482, title I, Sec. 171(c)(2), Oct.

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12, 1976, 90 Stat. 2163, related to the allocation of public service fellowships, prior to repeal by section 902(b) of Pub. L. 96−374. Another prior section 1134j, Pub. L. 89−329, title IX, Sec. 923, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1046; amended Pub. L. 92−318, title I, Sec. 131(d)(2)(E), June 23, 1972, 86 Stat. 260, prohibited any grant, contract, or fellowship for study at schools or departments of divinity, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134k, Pub. L. 89−329, title IX, Sec. 934, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1554; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 767, related to fellowship conditions. See section 1134c of this title. Another prior section 1134k, Pub. L. 89−329, title IX, Sec. 934, as added Pub. L. 96−374, title IX, Sec. 903, Oct. 3, 1980, 94 Stat. 1486, related to conditions on continuance of fellowships for graduate study in arts, humanities, and social sciences, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134k, Pub. L. 89−329, title IX, Sec. 943, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 308; amended Pub. L. 94−482, title I, Sec. 171(c)(3), Oct. 12, 1976, 90 Stat. 2163, related to requisite approval of programs of graduate or professional study, prior to repeal by section

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902(b) of Pub. L. 96−374. Another prior section 1134k, Pub. L. 89−329, title IX, Sec. 924, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1046, provided for annual report of the Secretary to Congress of activities relating to education for public service, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134k−1, Pub. L. 89−329, title IX, Sec. 935, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 768, authorized appropriations for Jacob K. Javits Fellowship program. See section 1134d of this title. Section 1134l, Pub. L. 89−329, title IX, Sec. 941, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1555; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 768; Pub. L. 103−208, Sec. 2(j)(37), Dec. 20, 1993, 107 Stat. 2484, stated purpose of graduate assistance in areas of national need grant program. Another prior section 1134l, Pub. L. 89−329, title IX, Sec. 941, as added Pub. L. 96−374, title IX, Sec. 904, Oct. 3, 1980, 94 Stat. 1486, authorized assistance for training in legal profession, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134l, Pub. L. 89−329, title IX, Sec. 944, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 309; amended Pub. L. 94−482, title I, Sec. 171(c)(4), Oct. 12, 1976, 90 Stat. 2163, related to payments to persons awarded

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public service fellowships, prior to repeal by section 902(b) of Pub. L. 96−374. Another prior section 1134l, Pub. L. 89−329, title IX, Sec. 925, as added Pub. L. 90−575, title II, Sec. 261, Oct. 16, 1968, 82 Stat. 1046, authorized appropriations for education for the public service, prior to repeal by Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 304. Section 1134m, Pub. L. 89−329, title IX, Sec. 942, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1555; amended Pub. L. 100−369, Sec. 7(c), July 18, 1988, 102 Stat. 837; Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 768, authorized grants to academic departments and programs to provide assistance to graduate students. See section 1135 of this title. Another prior section 1134m, Pub. L. 89−329, title IX, Sec. 942, as added Pub. L. 96−374, title IX, Sec. 904, Oct. 3, 1980, 94 Stat. 1487, authorized appropriations for fiscal years 1981 to 1985 for program of assistance for training in legal profession, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134m, Pub. L. 89−329, title IX, Sec. 945, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 309, related to conditions attached to public service fellowships, prior to repeal by section 902(b) of Pub. L. 96−374. Section 1134n, Pub. L. 89−329, title IX, Sec. 943, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1556; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106

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Stat. 769; Pub. L. 103−208, Sec. 2(j)(38), Dec. 20, 1993, 107 Stat. 2484, related to institutional eligibility for grants. See section 1135a of this title. Another prior section 1134n, Pub. L. 89−329, title IX, Sec. 951, as added Pub. L. 96−374, title IX, Sec. 905, Oct. 3, 1980, 94 Stat. 1487, authorized assistance for law school clinical experience programs, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134n, Pub. L. 89−329, title IX, Sec. 961, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 309; amended Pub. L. 94−482, title I, Sec. 171(d)(1)−(3), Oct. 12, 1976, 90 Stat. 2163; Pub. L. 96−49, Sec. 9(d), Aug. 13, 1979, 93 Stat. 353, provided for a program of fellowships for other purposes, prior to repeal by section 902(b) of Pub. L. 96−374. Section 1134o, Pub. L. 89−329, title IX, Sec. 944, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1556; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 770, related to criteria for applications for grants. See section 1135b of this title. Another prior section 1134o, Pub. L. 89−329, title IX, Sec. 952, as added Pub. L. 96−374, title IX, Sec. 905, Oct. 3, 1980, 94 Stat. 1488, related to applications for assistance for law school clinical experience programs, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134o, Pub. L. 89−329, title IX, Sec. 962, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86

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Stat. 310, related to the award of fellowships for other purposes, prior to repeal by section 902(b) of Pub. L. 96−374. Section 1134p, Pub. L. 89−329, title IX, Sec. 945, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1557; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 770; Pub. L. 103−208, Sec. 2(j)(39), Dec. 20, 1993, 107 Stat. 2484, related to awards to graduate students. See section 1135c of this title. Another prior section 1134p, Pub. L. 89−329, title IX, Sec. 953, as added Pub. L. 96−374, title IX, Sec. 905, Oct. 3, 1980, 94 Stat. 1488, authorized appropriations for fiscal years 1981 to 1985 for providing assistance for law school clinical experience programs, prior to the general amendment of subchapter IX of this chapter by Pub. L. 99−498. Another prior section 1134p, Pub. L. 89−329, title IX, Sec. 963, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 310; amended Pub. L. 94−482, title I, Sec. 171(d)(4), Oct. 12, 1976, 90 Stat. 2163, related to the amount of payments to persons awarded fellowships for other purposes, prior to repeal by section 902(b) of Pub. L. 96−374. Section 1134q, Pub. L. 89−329, title IX, Sec. 946, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1558; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 771; Pub. L. 103−208, Sec. 2(j)(40), Dec. 20, 1993, 107 Stat. 2484, related to additional assistance for cost of education. See section 1135d of this title.

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Another prior section 1134q, Pub. L. 89−329, title IX, Sec. 964, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 311, related to fellowship conditions in program of fellowships other than public service fellowships or fellowships for graduate and professional study, prior to repeal by Pub. L. 96−374, title IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980. Section 1134q−1, Pub. L. 89−329, title IX, Sec. 947, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 771, authorized appropriations for graduate assistance in areas of national need grant program. Section 1134r, Pub. L. 89−329, title IX, Sec. 951, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1558; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 772; Pub. L. 103−208, Sec. 2(j)(41), Dec. 20, 1993, 107 Stat. 2484, authorized grants for faculty development fellowship awards and provided that fellowship recipients be known as ''Faculty Development Fellows''. Another prior section 1134r, Pub. L. 89−329, title IX, Sec. 965, as added Pub. L. 92−318, title I, Sec. 181(a), June 23, 1972, 86 Stat. 311, authorized appropriations for program of fellowships other than public service fellowships or fellowships for graduate and professional study, prior to repeal by Pub. L. 96−374, title IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980. Section 1134r−1, Pub. L. 89−329, title IX, Sec. 952, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 773,

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related to amount of fellowships. Another prior section 1134r−1, Pub. L. 89−329, title IX, Sec. 966, as added Pub. L. 93−380, title VIII, Sec. 836(a), Aug. 21, 1974, 88 Stat. 605; amended Pub. L. 94−482, title I, Sec. 171(d)(5), Oct. 12, 1976, 90 Stat. 2164; Pub. L. 96−49, Sec. 9(e), Aug. 13, 1979, 93 Stat. 353, related to a program of assistance for training in legal profession, prior to repeal by Pub. L. 96−374, title IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980. Section 1134r−2, Pub. L. 89−329, title IX, Sec. 953, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 773, related to applications required for grants. Another prior section 1134r−2, Pub. L. 89−329, title IX, Sec. 971, as added Pub. L. 94−482, title I, Sec. 171(e), Oct. 12, 1976, 90 Stat. 2164, related to an annual report on graduate and assistance program, prior to repeal by Pub. L. 96−374, title IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980, and also by Pub. L. 96−470, title I, Sec. 106(b), Oct. 19, 1980, 94 Stat. 2238. Section 1134r−3, Pub. L. 89−329, title IX, Sec. 954, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 774, related to fellowship agreements. Section 1134r−4, Pub. L. 89−329, title IX, Sec. 955, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 774, related to fellowship repayment provisions. Section 1134r−5, Pub. L. 89−329, title IX, Sec. 956, as added

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Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 774, related to exceptions to repayment provisions. Section 1134r−6, Pub. L. 89−329, title IX, Sec. 957, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 775, authorized appropriations for faculty development fellowship program. Section 1134s, Pub. L. 89−329, title IX, Sec. 961, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1558; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 775, authorized program for assistance for training in legal profession. Another prior section 1134s, Pub. L. 89−329, title IX, Sec. 981, as added Pub. L. 92−318, title X, Sec. 1001(b), June 23, 1972, 86 Stat. 380, related to a program of general assistance to graduate schools, prior to repeal by Pub. L. 96−374, title IX, Sec. 902(b), Oct. 3, 1980, 94 Stat. 1484, eff. Oct. 1, 1980. Subsequent to repeal, subsec. (f) of that section was repealed by Pub. L. 96−470, title I, Sec. 106(c), Oct. 19, 1980, 94 Stat. 2238. Section 1134t, Pub. L. 89−329, title IX, Sec. 962, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1559; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 776, authorized appropriations for program for assistance for training in legal profession. Section 1134u, Pub. L. 89−329, title IX, Sec. 971, as added Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1560; amended Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106

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Stat. 776, authorized grants and contracts for programs to provide law school clinical experience programs. Section 1134v, Pub. L. 89−329, title IX, Sec. 972, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 777, related to applications for grants or contracts. Section 1134w, Pub. L. 89−329, title IX, Sec. 973, as added Pub. L. 102−325, title IX, Sec. 901, July 23, 1992, 106 Stat. 777, authorized appropriations for law school clinical experience programs. −CITE− 20 USC subpart 2 − graduate assistance in areas of national need 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 2 − graduate assistance in areas of national need . −HEAD− subpart 2 − graduate assistance in areas of national need −SECREF− SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 1137 of this title. −CITE− 20 USC Sec. 1135 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 2 − graduate assistance in areas of national need −HEAD− Sec. 1135. Grants to academic departments and programs of institutions −STATUTE− (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 −

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(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,

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 711, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1790.) −MISC1−

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PRIOR PROVISIONS Provisions similar to this section were contained in section 1134m of this title, prior to repeal by Pub. L. 105−244. A prior section 1135, Pub. L. 89−329, title X, Sec. 1001, as added Pub. L. 96−374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1489; amended Pub. L. 102−325, title X, Sec. 1001, July 23, 1992, 106 Stat. 778, related to Fund for the Improvement of Postsecondary Education, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138 of this title. Another prior section 1135, Pub. L. 89−329, title X, Sec. 1001, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 312; amended Pub. L. 93−380, title VIII, Sec. 837, Aug. 21, 1974, 88 Stat. 606; Pub. L. 94−482, title I, Sec. 176(a)(3)−(5), title V, Sec. 501(a)(20), Oct. 12, 1976, 90 Stat. 2165, 2236; Pub. L. 95−180, Sec. 1(c), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96−49, Sec. 53(a), Aug. 13, 1979, 93 Stat. 354, related to development plans for expansion or improvement of postsecondary education programs in community colleges, prior to repeal by section 1001(a) of Pub. L. 96−374. Another prior section 1135, Pub. L. 89−329, title X, Sec. 1001, as added Pub. L. 90−575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1047, contained Congressional statement of purpose respecting improvement of graduate programs, prior to the general amendment of subchapter X of this chapter by Pub. L. 92−318. A prior section 711 of Pub. L. 89−329 was classified to section

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1132b of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 711 of Pub. L. 89−329 was classified to section 1132b of this title, prior to the general amendment of part A of this subchapter by Pub. L. 102−325. Another prior section 711 of Pub. L. 89−329 was classified to section 1132b of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. −CITE− 20 USC Sec. 1135a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 2 − graduate assistance in areas of national need −HEAD− Sec. 1135a. Institutional eligibility −STATUTE− (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

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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 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 712, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1791.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1134n of this title, prior to repeal by Pub. L. 105−244. A prior section 1135a, Pub. L. 89−329, title X, Sec. 1002, as added Pub. L. 96−374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1489; amended Pub. L. 102−325, title X, Sec. 1001, July 23, 1992, 106 Stat. 778, related to National Board of the Fund for the Improvement of Postsecondary Education, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138a of this title. Another prior section 1135a, Pub. L. 89−329, title X, Sec. 1011,

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as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 313; amended Pub. L. 94−482, title I, Sec. 176(b)(2), Oct. 12, 1976, 90 Stat. 2165; Pub. L. 96−49, Sec. 53(b), Aug. 13, 1979, 93 Stat. 354, authorized appropriations for a program of establishment and expansion of community colleges, prior to repeal by section 1001(a) of Pub. L. 96−374. Another prior section 1135a, Pub. L. 89−329, title X, Sec. 1002, as added Pub. L. 90−575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1047, authorized appropriations, provided for types of programs, and prescribed limitations respecting improvement of graduate programs, prior to the general amendment of subchapter X of this chapter by Pub. L. 92−318. A prior section 712 of Pub. L. 89−329 was classified to section 1132b−1 of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 712 of Pub. L. 89−329 was classified to section 1132b−1 of this title, prior to the general amendment of part A of this subchapter by Pub. L. 102−325. Another prior section 712 of Pub. L. 89−329 was classified to section 1132b−1 of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. A prior section 1135a−1, Pub. L. 89−329, title X, Sec. 1003, as added Pub. L. 96−374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1490; amended Pub. L. 99−498, title X, Sec. 1001(a), Oct. 17, 1986, 100 Stat. 1560; Pub. L. 102−325, title X, Sec. 1001, July 23, 1992, 106 Stat. 779, contained administrative provisions, prior to repeal

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by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138b of this title. Another prior section 1135a−1, Pub. L. 89−329, title X, Sec. 1012, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 313; amended Pub. L. 94−482, title I, Sec. 176(b)(3), Oct. 12, 1976, 90 Stat. 2165; Pub. L. 95−180, Sec. 1(c), Nov. 15, 1977, 91 Stat. 1372, related to the apportionment of funds in the program of establishing and expanding community colleges, prior to repeal by section 1001(a) of Pub. L. 96−374. A prior section 1135a−2, Pub. L. 89−329, title X, Sec. 1004, as added Pub. L. 96−374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1490; amended Pub. L. 102−325, title X, Sec. 1001, July 23, 1992, 106 Stat. 779; Pub. L. 103−208, Sec. 2(j)(42), Dec. 20, 1993, 107 Stat. 2484, authorized appropriations for the Fund for the Improvement of Postsecondary Education, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138d of this title. Another prior section 1135a−2, Pub. L. 89−329, title X, Sec. 1013, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 314, provided for establishment grants and defined the term ''new community college'', prior to repeal by section 1001(a) of Pub. L. 96−374. A prior section 1135a−3, Pub. L. 89−329, title X, Sec. 1005, as added Pub. L. 96−374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1491; amended Pub. L. 99−498, title X, Sec. 1001(b), Oct. 17, 1986,

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100 Stat. 1561, authorized appropriations to carry out part A of former subchapter X of this chapter for fiscal years 1987 to 1991, prior to the general amendment of that part by Pub. L. 102−325. Another prior section 1135a−3 and prior sections 1135a−4 to 1135a−7 were repealed by Pub. L. 96−374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1489, eff. Oct. 1, 1980. Section 1135a−3, Pub. L. 89−329, title X, Sec. 1014, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 314; amended Pub. L. 94−482, title I, Sec. 177, Oct. 12, 1976, 90 Stat. 2165, related to expansion grants. Section 1135a−4, Pub. L. 89−329, title X, Sec. 1015, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 314, related to leasing of facilities. Section 1135a−5, Pub. L. 89−329, title X, Sec. 1016, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 315, related to establishment and expansion grants. Section 1135a−6, Pub. L. 89−329, title X, Sec. 1017, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 315, authorized payment to approved applicants. Section 1135a−7, Pub. L. 89−329, title X, Sec. 1018, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 315; amended Pub. L. 94−482, title I, Sec. 178, Oct. 12, 1976, 90 Stat. 2166, defined the term ''community college''. A prior section 1135a−11, Pub. L. 89−329, title X, Sec. 1011, as added Pub. L. 102−325, title X, Sec. 1001, July 23, 1992, 106 Stat. 780; amended Pub. L. 103−208, Sec. 2(j)(43), Dec. 20, 1993, 107

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Stat. 2484, authorized grants for special projects in areas of national need, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138c of this title. −CITE− 20 USC Sec. 1135b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 2 − graduate assistance in areas of national need −HEAD− Sec. 1135b. Criteria for applications −STATUTE− (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.

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(b) Contents of applications An academic department, program or unit of an institution of higher education, in the department, program or unit's 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

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 713, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1791.) −MISC1− PRIOR PROVISIONS

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Provisions similar to this section were contained in section 1134o of this title, prior to repeal by Pub. L. 105−244. A prior section 1135b, Pub. L. 89−329, title X, Sec. 1021, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1561, and amended, which related to purpose of and authority for minority science improvement program, was renumbered section 351 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067a of this title. Another prior section 1135b, Pub. L. 89−329, title X, Sec. 1051, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 316, authorized appropriations for occupational education programs, prior to repeal by Pub. L. 94−482, title I, Sec. 176(c), title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1977, Oct. 1, 1977. Another prior section 1135b, Pub. L. 89−329, title X, Sec. 1003, as added Pub. L. 90−575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1048, related to selection of grant recipients for improvement of graduate programs, prior to the general amendment of subchapter X of this chapter by Pub. L. 92−318. A prior section 713 of Pub. L. 89−329 was classified to section 1132b−2 of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 713 of Pub. L. 89−329 was classified to section 1132b−2 of this title, prior to the general amendment of part A of this subchapter by Pub. L. 102−325.

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Another prior section 713 of Pub. L. 89−329 was classified to section 1132b−2 of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. A prior section 1135b−1, Pub. L. 89−329, title X, Sec. 1022, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1561, which related to grant recipient selection, was renumbered section 352 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067b of this title. Another prior section 1135b−1, Pub. L. 89−329, title X, Sec. 1052, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 316, set forth allotment and reallotment requirements for funds appropriated for programs, prior to repeal by Pub. L. 94−482, title I, Sec. 176(c), title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1977, Oct. 1, 1977. A prior section 1135b−2, Pub. L. 89−329, title X, Sec. 1023, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1562, which related to use of funds, was renumbered section 353 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067c of this title. Another prior section 1135b−2, Pub. L. 89−329, title X, Sec. 1053, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 317, set forth requirements for administration of programs by Secretary, prior to repeal by Pub. L. 94−482, title I,

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Sec. 176(c), title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1987, Oct. 1, 1977. A prior section 1135b−3, Pub. L. 89−329, title X, Sec. 1024, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1562, and amended, which required multiagency study of minority science programs, was renumbered section 1024 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), Oct. 7, 1998, 112 Stat. 1636, transferred to section 1067d of this title, and omitted from the Code. Another prior section 1135b−3 and prior sections 1135b−4 to 1135b−9 were repealed by Pub. L. 94−482, title I, Sec. 176(c), title II, Sec. 204(c)(2), Oct. 12, 1976, 90 Stat. 2165, 2215, eff. Sept. 30, 1977, Oct. 1, 1977. Section 1135b−3, Pub. L. 89−329, title X, Sec. 1054, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 317, set forth responsibilities of Commissioner of Education in the administration of programs. Section 1135b−4, Pub. L. 89−329, title X, Sec. 1055, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 318, set forth requirements for State participation and administration of programs. Section 1135b−5, Pub. L. 89−329, title X, Sec. 1056, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 318, authorized planning grants for State occupational education programs and set forth criteria for State participation. Section 1135b−6, Pub. L. 89−329, title X, Sec. 1057, as added

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Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 319, authorized program grants for State occupational education programs and set forth criteria for State administration of grants. Section 1135b−7, Pub. L. 89−329, title X, Sec. 1058, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 320, set forth prerequisites and procedures for program grants by Commissioner and provided for judicial review of actions of Commissioner. Section 1135b−8, Pub. L. 89−329, title X, Sec. 1059, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 321, authorized technical assistance to the States by Commissioner and the establishment of model programs. Section 1135b−9, Pub. L. 89−329, title X, Sec. 1060, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 322, defined the terms ''State'' and ''postsecondary occupational education'' for purposes of occupational education programs. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1135c of this title. −CITE− 20 USC Sec. 1135c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs

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subpart 2 − graduate assistance in areas of national need −HEAD− Sec. 1135c. Awards to graduate students −STATUTE− (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 master's 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

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study as described in this subpart. In the case of an individual who receives such individual's first stipend under this subpart in academic year 1999−2000 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 fellow's 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) (FOOTNOTE 1) of this title may count such excess toward the amounts the institution is required to provide pursuant to section 1135b(b)(2) (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. (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

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activities determined by the institution to be in support of the student's progress towards a degree. −SOURCE− (Pub. L. 89−329, title VII, Sec. 714, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1792.) −REFTEXT− REFERENCES IN TEXT Section 1135d(a) of this title, referred to in subsec. (c), was in the original ''section 716(a)'', meaning section 716(a) of Pub. L. 89−329, which was translated as reading section 715(a) of that Act to reflect the probable intent of Congress, because section 715(a) relates to institutional payments, and section 716, which is classified to section 1135e of this title, does not relate to institutional payments and does not contain a subsec. (a). Section 1135b(b)(2) of this title, referred to in subsec. (c), was in the original ''section 714(b)(2)'', meaning section 714(b)(2) of Pub. L. 89−329, which was translated as reading section 713(b)(2) of that Act to reflect the probable intent of Congress, because section 713(b)(2) relates to amounts that institutions are required to provide from non−Federal sources, and section 714, which is classified to this section, does not relate to amounts that institutions are required to provide and does not contain a subsec. (b)(2). −MISC2− PRIOR PROVISIONS Provisions similar to this section were contained in section

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1134p of this title, prior to repeal by Pub. L. 105−244. A prior section 1135c, Pub. L. 89−329, title X, Sec. 1031, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1563, related to minority support in science and engineering programs, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1135c, Pub. L. 89−329, title X, Sec. 1021, formerly Sec. 1071, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 322, established Bureau of Occupational and Adult Education and set forth functions, personnel etc., of the Bureau, prior to repeal by Pub. L. 94−482, title II, Sec. 204(c)(3), Oct. 12, 1976, 90 Stat. 2215, eff. Oct. 1, 1977. Subsequent to repeal, this prior section 1135c was renumbered section 1021 of Pub. L. 89−329 and amended by deleting ''this title'' by Pub. L. 96−374, title X, Sec. 1001(b), Oct. 3, 1980, 94 Stat. 1491. Another prior section 1135c, Pub. L. 89−329, title X, Sec. 1004, as added Pub. L. 90−575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1048, provided for consultations respecting improvement of graduate programs, prior to the general amendment of subchapter X of this chapter by Pub. L. 92−318. A prior section 714 of Pub. L. 89−329 was classified to section 1132b−3 of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. A prior section 1135c−1, Pub. L. 89−329, title X, Sec. 1032, as

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added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1563, related to the special service projects program, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1135c−1, Pub. L. 89−329, title X, Sec. 1022, formerly Sec. 1072, as added Pub. L. 92−318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 323; amended Pub. L. 96−88, title III, Sec. 301(b)(2), Oct. 17, 1979, 93 Stat. 678, renumbered and amended Pub. L. 96−374, title X, Sec. 1001(b)(1), title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1491, 1503; Pub. L. 98−524, Sec. 4(c)(3), Oct. 19, 1984, 98 Stat. 2488, established a Community College Unit in Department of Education, prior to the general amendment of part B of subchapter X of this chapter by Pub. L. 99−498. A prior section 1135c−2, Pub. L. 89−329, title X, Sec. 1033, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1563; amended Pub. L. 102−325, title X, Sec. 1002(c), July 23, 1992, 106 Stat. 780, related to supportable activities, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. −CITE− 20 USC Sec. 1135d 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

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Part A − Graduate Education Programs subpart 2 − graduate assistance in areas of national need −HEAD− Sec. 1135d. Additional assistance for cost of education −STATUTE− (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 1999−2000 and succeeding academic years, the same amount as the institutional payment made for 1998−1999 adjusted annually thereafter in accordance with inflation as determined by the Department of Labor's 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 recipient's 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.

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−SOURCE− (Pub. L. 89−329, title VII, Sec. 715, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1793.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1134q of this title, prior to repeal by Pub. L. 105−244. A prior section 1135d, Pub. L. 89−329, title X, Sec. 1041, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1564, which related to eligibility for grants, was renumbered section 361 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067g of this title. A prior section 715 of Pub. L. 89−329 was classified to section 1132b−4 of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. A prior section 1135d−1, Pub. L. 89−329, title X, Sec. 1042, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1564, which related to grant applications, was renumbered section 362 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067h of this title. A prior section 1135d−2, Pub. L. 89−329, title X, Sec. 1043, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1564, and amended, which related to cross program and cross agency cooperation, was renumbered section 363 of title III of Pub. L.

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89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067i of this title. A prior section 1135d−3, Pub. L. 89−329, title X, Sec. 1044, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1564, which contained administrative provisions, was renumbered section 364 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067j of this title. A prior section 1135d−4, Pub. L. 89−329, title X, Sec. 1045, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1565, related to establishment of Advisory Board for the Minority Science and Engineering Improvement Programs, prior to repeal by Pub. L. 102−325, Sec. 2, title X, Sec. 1002(e), July 23, 1992, 106 Stat. 458, 780, effective Oct. 1, 1992. A prior section 1135d−5, Pub. L. 89−329, title X, Sec. 1046, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1566, which defined terms, was renumbered section 365 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067k of this title. A prior section 1135d−6, Pub. L. 89−329, title X, Sec. 1047, as added Pub. L. 99−498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1567; amended Pub. L. 100−418, title VI, Sec. 6221, Aug. 23, 1988, 102 Stat. 1518; Pub. L. 102−325, title X, Sec. 1002(f), July 23, 1992, 106 Stat. 780, which authorized appropriations, was

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renumbered section 366 of title III of Pub. L. 89−329 by Pub. L. 105−244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1067l of this title, and repealed by section 301(a)(8) of Pub. L. 105−244. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1135b, 1135c, 1137 of this title. −CITE− 20 USC Sec. 1135e 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 2 − graduate assistance in areas of national need −HEAD− Sec. 1135e. Authorization of appropriations −STATUTE− 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 716, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1794.) −MISC1−

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PRIOR PROVISIONS A prior section 1135e, Pub. L. 89−329, title X, Sec. 1061, as added Pub. L. 99−498, title X, Sec. 1003, Oct. 17, 1986, 100 Stat. 1567; amended Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 781, stated purpose of women and minorities science and engineering outreach demonstration program, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. A prior section 716 of Pub. L. 89−329 was classified to section 1132b−5 of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Prior sections 1135e−1 to 1135g were repealed by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Section 1135e−1, Pub. L. 89−329, title X, Sec. 1062, as added Pub. L. 99−498, title X, Sec. 1003, Oct. 17, 1986, 100 Stat. 1567; amended Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 781, authorized grants for programs to encourage female and minority elementary and secondary school students to pursue higher education for careers in science and engineering. Section 1135e−2, Pub. L. 89−329, title X, Sec. 1063, as added Pub. L. 99−498, title X, Sec. 1003, Oct. 17, 1986, 100 Stat. 1567; amended Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 781, defined ''eligible institution'' and related to availability of funds. Section 1135e−3, Pub. L. 89−329, title X, Sec. 1064, as added

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Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 782, related to amount, duration, and use of funds. Section 1135e−4, Pub. L. 89−329, title X, Sec. 1065, as added Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 782, related to applications for grants. Section 1135e−5, Pub. L. 89−329, title X, Sec. 1066, as added Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 782, related to evaluation of assisted activities. Section 1135e−6, Pub. L. 89−329, title X, Sec. 1067, as added Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 783, related to Federal share of costs. Section 1135e−7, Pub. L. 89−329, title X, Sec. 1068, as added Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 783, related to use of funds to supplement and not supplant other funds. Section 1135e−8, Pub. L. 89−329, title X, Sec. 1069, as added Pub. L. 102−325, title X, Sec. 1003, July 23, 1992, 106 Stat. 783, authorized appropriations for women and minorities science and engineering outreach demonstration program. Section 1135f, Pub. L. 89−329, title X, Sec. 1081, formerly Sec. 1181, as added Pub. L. 102−325, title X, Sec. 1004, July 23, 1992, 106 Stat. 783; renumbered Sec. 1081 and amended Pub. L. 103−208, Sec. 2(j)(44), (45), Dec. 20, 1993, 107 Stat. 2485, established Dwight D. Eisenhower Leadership Program and provided that part D of former subchapter X of this chapter could be cited as the ''Dwight D. Eisenhower Leadership Development Act of 1992''. Section 1135g, Pub. L. 89−329, title X, Sec. 1091, as added Pub.

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L. 103−382, title III, Sec. 360D, Oct. 20, 1994, 108 Stat. 3972, authorized grants to States for workplace and community transition training for incarcerated youth offenders. −CITE− 20 USC subpart 3 − thurgood marshall legal educational opportunity program 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 3 − thurgood marshall legal educational opportunity program . −HEAD− subpart 3 − thurgood marshall legal educational opportunity program −SECREF− SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 1137 of this title. −CITE− 20 USC Sec. 1136 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 3 − thurgood marshall legal educational opportunity program

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−HEAD− Sec. 1136. Legal educational opportunity program −STATUTE− (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

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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;

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(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

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 721, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1794.) −MISC1− PRIOR PROVISIONS A prior section 1136, Pub. L. 89−329, title XI, Sec. 1101, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 784, stated findings of Congress, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1139 of this title. Another prior section 1136, Pub. L. 89−329, title XI, Sec. 1101, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1568, stated Congressional findings and purpose relating to partnerships for economic development, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. Another prior section 1136, Pub. L. 89−329, title XI, Sec. 1101, as added Pub. L. 96−374, title XI, Sec. 1101, Oct. 3, 1980, 94

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Stat. 1491, stated Congressional findings and declaration of purpose, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99−498. Another prior section 1136, Pub. L. 89−329, title XI, Sec. 1101, as added Pub. L. 90−575, title II, Sec. 281, Oct. 16, 1968, 82 Stat. 1048; amended Pub. L. 92−318, title I, Sec. 191(a), (b), June 23, 1972, 86 Stat. 323, authorized a program for grants and contracts covering the establishment of a law school clinical experiences regimen, prior to the general amendment of subchapter XI of this chapter by Pub. L. 96−374. A prior section 721 of Pub. L. 89−329 was renumbered section 341 and is classified to section 1066 of this title. Another prior section 721 of Pub. L. 89−329 was classified to section 1132c of this title, prior to the general amendment of part A of this subchapter by Pub. L. 102−325. Another prior section 721 of Pub. L. 89−329 was classified to section 1132c of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 721 of Pub. L. 89−329 was classified to section 1132b of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. Prior sections 1136a to 1136h were repealed by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Section 1136a, Pub. L. 89−329, title XI, Sec. 1102, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 785,

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stated purpose of and authorized program for urban community service assistance. See section 1139a of this title. A prior section 1136a, Pub. L. 89−329, title XI, Sec. 1102, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1568, related to use of economic development funds, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. Another prior section 1136a, Pub. L. 89−329, title XI, Sec. 1102, as added Pub. L. 96−374, title XI, Sec. 1101, Oct. 3, 1980, 94 Stat. 1491, authorized appropriations for fiscal years 1981 to 1985 for urban grant university program, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99−498. Another prior section 1136a, Pub. L. 89−329, title XI, Sec. 1102, as added Pub. L. 90−575, title II, Sec. 281, Oct. 16, 1968, 82 Stat. 1048; amended Pub. L. 92−318, title I, Sec. 191(a), June 23, 1972, 86 Stat. 323, related to required applications for participation in law school clinical experiences program, prior to the general amendment of subchapter XI of this chapter by Pub. L. 96−374. Section 1136b, Pub. L. 89−329, title XI, Sec. 1103, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 785, related to applications for urban community service grants. See section 1139b of this title. A prior section 1136b, Pub. L. 89−329, title XI, Sec. 1103, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1569, related to requirements for economic development grant

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applications, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. Another prior section 1136b, Pub. L. 89−329, title XI, Sec. 1103, as added Pub. L. 96−374, title XI, Sec. 1101, Oct. 3, 1980, 94 Stat. 1492, authorized grants to urban universities, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99−498. Another prior section 1136b, Pub. L. 89−329, title XI, Sec. 1103, as added Pub. L. 90−575, title II, Sec. 281, Oct. 16, 1968, 82 Stat. 1049; amended Pub. L. 92−318, title I, Sec. 191(c), June 23, 1972, 86 Stat. 323; Pub. L. 94−482, title I, Sec. 172, Oct. 12, 1976, 90 Stat. 2164; Pub. L. 96−49, Sec. 11, Aug. 13, 1979, 93 Stat. 354, authorized appropriations for the law school clinical experiences program, prior to the general amendment of subchapter XI of this chapter by Pub. L. 96−374. Section 1136c, Pub. L. 89−329, title XI, Sec. 1104, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 786, related to allowable activities. See section 1139c of this title. Another prior section 1136c, Pub. L. 89−329, title XI, Sec. 1104, as added Pub. L. 96−374, title XI, Sec. 1101, Oct. 3, 1980, 94 Stat. 1492, placed geographical limitations on assistance to urban universities, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99−498. Section 1136d, Pub. L. 89−329, title XI, Sec. 1105, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 786, related to peer review. See section 1139d of this title.

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Another prior section 1136d, Pub. L. 89−329, title XI, Sec. 1105, as added Pub. L. 96−374, title XI, Sec. 1101, Oct. 3, 1980, 94 Stat. 1492, defined terms, prior to the general amendment of subchapter XI of this chapter by Pub. L. 99−498. Section 1136e, Pub. L. 89−329, title XI, Sec. 1106, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 786; amended Pub. L. 103−208, Sec. 2(j)(46), Dec. 20, 1993, 107 Stat. 2485, related to disbursement of funds. See section 1139e of this title. Section 1136f, Pub. L. 89−329, title XI, Sec. 1107, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 787, related to designation of Urban Grant Institutions. See section 1139f of this title. Section 1136g, Pub. L. 89−329, title XI, Sec. 1108, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 787, defined terms ''urban area'' and ''eligible institution''. See section 1139g of this title. Section 1136h, Pub. L. 89−329, title XI, Sec. 1109, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 787, authorized appropriations for urban community service program. See section 1139h of this title. −CITE− 20 USC subpart 4 − general provisions 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

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SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 4 − general provisions . −HEAD− subpart 4 − general provisions −CITE− 20 USC Sec. 1137 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part A − Graduate Education Programs subpart 4 − general provisions −HEAD− Sec. 1137. Administrative provisions for subparts 1, 2, and 3 −STATUTE− (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

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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 (FOOTNOTE 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. (FOOTNOTE 1) So in original. Probably should be ''subparts''. (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

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parts (FOOTNOTE 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 731, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1795.) −REFTEXT− REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (b), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. Parts C and D of title IX (as such parts were in effect prior to October 7, 1998), referred to in subsec. (e), means parts C and D of title IX of the Higher Education Act of 1965, as added by Pub. L. 99−498, title IX, Sec. 901(a), Oct. 17, 1986, 100 Stat. 1552, as amended, which were classified generally to parts C (Sec. 1134h et seq.) and D (Sec. 1134l et seq.), respectively, of subchapter IX of this chapter prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. −MISC2− PRIOR PROVISIONS A prior section 1137, Pub. L. 89−329, title XI, Sec. 1121, as

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added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 788, related to purpose of innovative projects for community service program, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1137, Pub. L. 89−329, title XI, Sec. 1111, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1570, related to the purpose of urban community service program, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. A prior section 731 of Pub. L. 89−329 was classified to section 1132d of this title, prior to the general amendment of this subchapter by Pub. L. 105−244. Another prior section 731 of Pub. L. 89−329 was classified to section 1132d of this title, prior to the general amendment of part C of this subchapter by Pub. L. 102−325. Another prior section 731 of Pub. L. 89−329 was classified to section 1132d of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. A prior section 1137a, Pub. L. 89−329, title XI, Sec. 1122, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 788; amended Pub. L. 103−82, title I, Sec. 111(b)(4), Sept. 21, 1993, 107 Stat. 860, authorized program for innovative projects for community service, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998.

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Another prior section 1137a and prior section 1137b were omitted in the general amendment of subchapter XI of this chapter by Pub. L. 102−325. Section 1137a, Pub. L. 89−329, title XI, Sec. 1112, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1570, related to use of urban community service funds. Section 1137b, Pub. L. 89−329, title XI, Sec. 1113, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1570, related to contents for applications for urban community services projects. −CITE− 20 USC Part B − Fund for the Improvement of Postsecondary Education 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part B − Fund for the Improvement of Postsecondary Education . −HEAD− Part B − Fund for the Improvement of Postsecondary Education −CITE− 20 USC Sec. 1138 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

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SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part B − Fund for the Improvement of Postsecondary Education −HEAD− Sec. 1138. Fund for the Improvement of Postsecondary Education −STATUTE− (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 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

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 741, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1796.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1135 of this title, prior to repeal by Pub. L. 105−244. A prior section 1138, Pub. L. 89−329, title XI, Sec. 1141, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 788, related to purpose to assist development of student literacy corps and student mentoring corps programs, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7,

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1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1138, Pub. L. 89−329, title XI, Sec. 1121, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1571, related to administrative provisions, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. A prior section 741 of Pub. L. 89−329 was classified to section 1132e of this title, prior to repeal by Pub. L. 102−325. Another prior section 741 of Pub. L. 89−329 was classified to section 1132e of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 741 of Pub. L. 89−329 was classified to section 1132c of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1138a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part B − Fund for the Improvement of Postsecondary Education −HEAD− Sec. 1138a. National Board of the Fund for the Improvement of Postsecondary Education −STATUTE− (a) Establishment

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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

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 742, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1797.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1135a of this title, prior to repeal by Pub. L. 105−244. A prior section 1138a, Pub. L. 89−329, title XI, Sec. 1142, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 789; amended Pub. L. 103−208, Sec. 2(j)(47), Dec. 20, 1993, 107 Stat. 2485, authorized grants for student literacy corps and

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student mentoring corps programs, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1138a, Pub. L. 89−329, title XI, Sec. 1122, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1571, authorized appropriations to carry out parts A and B of subchapter XI of this chapter, prior to the general amendment of such subchapter by Pub. L. 102−325. A prior section 742 of Pub. L. 89−329 was classified to section 1132e−1 of this title, prior to the general amendment of this subchapter by Pub. L. 99−498. Another prior section 742 of Pub. L. 89−329 was classified to section 1132c−1 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1138b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part B − Fund for the Improvement of Postsecondary Education −HEAD− Sec. 1138b. Administrative provisions −STATUTE− (a) Technical employees The Secretary may appoint, for terms not to exceed 3 years,

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 743, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1797.) −REFTEXT− REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. −MISC2− PRIOR PROVISIONS Provisions similar to this section were contained in section 1135a−1 of this title, prior to repeal by Pub. L. 105−244. A prior section 1138b, Pub. L. 89−329, title XI, Sec. 1143, as

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added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 789, related to use of funds, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1138b, Pub. L. 89−329, title XI, Sec. 1123, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1571, defined terms, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. A prior section 743 of Pub. L. 89−329 was classified to section 1132c−2 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1138c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part B − Fund for the Improvement of Postsecondary Education −HEAD− Sec. 1138c. Special projects −STATUTE− (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 organizations as the Director deems necessary for innovative projects concerning one or more areas of

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 744, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1135a−11 of this title, prior to repeal by Pub. L. 105−244. A prior section 1138c, Pub. L. 89−329, title XI, Sec. 1144, as

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added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 789; amended Pub. L. 103−382, title III, Sec. 391(e)(10), Oct. 20, 1994, 108 Stat. 4023, related to applications for grants, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. A prior section 744 of Pub. L. 89−329 was classified to section 1132c−3 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1138d 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part B − Fund for the Improvement of Postsecondary Education −HEAD− Sec. 1138d. Authorization of appropriations −STATUTE− 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 745, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.) −MISC1− PRIOR PROVISIONS

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A prior section 1138d, Pub. L. 89−329, title XI, Sec. 1145, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 791, related to technical assistance and coordination contract, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. A prior section 745 of Pub. L. 89−329 was classified to section 1132c−4 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. A prior section 1138e, Pub. L. 89−329, title XI, Sec. 1146, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 791, defined terms ''institution of higher education'' and ''public community agency'', prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. −CITE− 20 USC Part C − Urban Community Service 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service . −HEAD− Part C − Urban Community Service −CITE−

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20 USC Sec. 1139 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139. Findings −STATUTE− The Congress finds that − (1) the Nation's 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 Nation's 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.

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−SOURCE− (Pub. L. 89−329, title VII, Sec. 751, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136 of this title, prior to repeal by Pub. L. 105−244. A prior section 1139, Pub. L. 89−329, title XI, Sec. 1151, as added Pub. L. 102−325, title XI, Sec. 1101, July 23, 1992, 106 Stat. 792, authorized appropriations for the innovative projects for community service program, student literacy corps program, and student mentoring corps program, prior to repeal by Pub. L. 105−244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1139, Pub. L. 89−329, title XI, Sec. 1131, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1572, stated purpose of providing assistance to establish Robert F. Wagner, Sr., Institute of Urban Public Policy, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. A prior section 751 of Pub. L. 89−329 was classified to section 1132f of this title, prior to repeal by Pub. L. 104−208. −CITE− 20 USC Sec. 1139a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION

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CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139a. Purpose; program authorized −STATUTE− (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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 752, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1798.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136a of this title, prior to repeal by Pub. L. 105−244. A prior section 1139a, Pub. L. 89−329, title XI, Sec. 1132, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1572, related to application for and use of funds, prior to the

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general amendment of subchapter XI of this chapter by Pub. L. 102−325. A prior section 752 of Pub. L. 89−329 was classified to section 1132f−1 of this title, prior to repeal by Pub. L. 104−208. −CITE− 20 USC Sec. 1139b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139b. Application for urban community service grants −STATUTE− (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

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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 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 institution's 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 753, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1799.)

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−MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136b of this title, prior to repeal by Pub. L. 105−244. A prior section 1139b, Pub. L. 89−329, title XI, Sec. 1133, as added Pub. L. 99−498, title XI, Sec. 1101, Oct. 17, 1986, 100 Stat. 1573, authorized appropriations, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102−325. A prior section 753 of Pub. L. 89−329 was classified to section 1132f−2 of this title, prior to repeal by Pub. L. 104−208. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1139c, 1139g of this title. −CITE− 20 USC Sec. 1139c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139c. Allowable activities −STATUTE− Funds made available under this part shall be used to support planning, applied research, training, resource exchanges or

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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

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community. (14) Improving access to technology in local communities. −SOURCE− (Pub. L. 89−329, title VII, Sec. 754, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1799.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136c of this title, prior to repeal by Pub. L. 105−244. A prior section 754 of Pub. L. 89−329 was classified to section 1132f−3 of this title, prior to repeal by Pub. L. 104−208. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1139a of this title. −CITE− 20 USC Sec. 1139d 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139d. Peer review −STATUTE− The Secretary shall designate a peer review panel to review applications submitted under this part and make recommendations for

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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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 755, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1800.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136d of this title, prior to repeal by Pub. L. 105−244. A prior section 755 of Pub. L. 89−329 was classified to section 1132f−4 of this title, prior to repeal by Pub. L. 104−208. −CITE− 20 USC Sec. 1139e 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139e. Disbursement of funds −STATUTE−

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(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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 756, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1800.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136e of this title, prior to repeal by Pub. L. 105−244. A prior section 756 of Pub. L. 89−329 was classified to section 1132f−5 of this title, prior to repeal by Pub. L. 104−208. −CITE− 20 USC Sec. 1139f 01/06/03 −EXPCITE−

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TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139f. Designation of Urban Grant Institutions −STATUTE− 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 757, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1800.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136f of this title, prior to repeal by Pub. L. 105−244. A prior section 757 of Pub. L. 89−329 was classified to section 1132f−6 of this title, prior to repeal by Pub. L. 104−208.

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−CITE− 20 USC Sec. 1139g 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139g. Definitions −STATUTE− 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 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

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(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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 758, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136g of this title, prior to repeal by Pub. L. 105−244.

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A prior section 758 of Pub. L. 89−329 was classified to section 1132f−7 of this title, prior to repeal by Pub. L. 104−208. −CITE− 20 USC Sec. 1139h 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part C − Urban Community Service −HEAD− Sec. 1139h. Authorization of appropriations −STATUTE− 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 759, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.) −MISC1− PRIOR PROVISIONS Provisions similar to this section were contained in section 1136h of this title, prior to repeal by Pub. L. 105−244. A prior section 759 of Pub. L. 89−329 was classified to section 1132f−8 of this title, prior to repeal by Pub. L. 104−208. −CITE− 20 USC Part D − Demonstration Projects To Ensure Students

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With Disabilities Receive a Quality Higher Education 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part D − Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education . −HEAD− Part D − Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education −CITE− 20 USC Sec. 1140 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part D − Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education −HEAD− Sec. 1140. Purposes −STATUTE− 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

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higher education in order to provide students with disabilities a quality postsecondary education. −SOURCE− (Pub. L. 89−329, title VII, Sec. 761, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.) −MISC1− PRIOR PROVISIONS A prior section 761 of Pub. L. 89−329 was classified to section 1132g of this title, prior to repeal by Pub. L. 102−325. Another prior section 761 of Pub. L. 89−329 was classified to section 1132d of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1140a 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part D − Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education −HEAD− Sec. 1140a. Grants authorized −STATUTE− (a) Competitive grants authorized The Secretary may award grants, contracts, and cooperative agreements, on a competitive basis, to institutions of higher

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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

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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). (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should refer to subparagraphs (A) through (C) of paragraph (2). (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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 762, as added Pub. L. 105−244,

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title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1801.) −MISC1− PRIOR PROVISIONS A prior section 762 of Pub. L. 89−329 was classified to section 1132g−1 of this title, prior to repeal by Pub. L. 102−325. Another prior section 762 of Pub. L. 89−329 was classified to section 1132d−1 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1140b 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part D − Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education −HEAD− Sec. 1140b. Applications −STATUTE− 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;

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(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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 763, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1802.) −MISC1− PRIOR PROVISIONS A prior section 763 of Pub. L. 89−329 was classified to section 1132g−2 of this title, prior to repeal by Pub. L. 102−325. Another prior section 763 of Pub. L. 89−329 was classified to section 1132d−2 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1140c 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part D − Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education −HEAD− Sec. 1140c. Rule of construction

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−STATUTE− Nothing in this part shall be construed to impose any additional duty, obligation, or responsibility on an institution of higher education or on the institution's 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.). −SOURCE− (Pub. L. 89−329, title VII, Sec. 764, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1803.) −REFTEXT− REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in text, is Pub. L. 101−336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (Sec. 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. −MISC2− PRIOR PROVISIONS A prior section 764 of Pub. L. 89−329 was classified to section 1132g−3 of this title, prior to repeal by Pub. L. 102−325. Another prior section 764 of Pub. L. 89−329 was classified to section 1132d−3 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. −CITE− 20 USC Sec. 1140d 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VII − GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS Part D − Demonstration Projects To Ensure Students With Disabilities Receive a Quality Higher Education −HEAD− Sec. 1140d. Authorization of appropriations −STATUTE− 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. −SOURCE− (Pub. L. 89−329, title VII, Sec. 765, as added Pub. L. 105−244, title VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1803.) −MISC1− PRIOR PROVISIONS A prior section 765 of Pub. L. 89−329 was classified to section 1132d−4 of this title, prior to the general amendment of this subchapter by Pub. L. 96−374. Prior sections 1141 and 1142 were repealed by Pub. L. 105−244, Sec. 3, title I, Sec. 101(b), title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. Section 1141, Pub. L. 89−329, title XII, Sec. 1201, formerly title VIII, Sec. 801, Nov. 8, 1965, 79 Stat. 1269; renumbered title XII, Sec. 1201, and amended Pub. L. 90−575, title II, Sec. 251,

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293, 294, Oct. 16, 1968, 82 Stat. 1042, 1050, 1051; Pub. L. 91−230, title VIII, Sec. 806(b), Apr. 13, 1970, 84 Stat. 192; Pub. L. 92−318, title I, Sec. 131(d)(1), June 23, 1972, 86 Stat. 260; Pub. L. 94−482, title I, Sec. 181(a), formerly Sec. 181, Oct. 12, 1976, 90 Stat. 2167, renumbered Pub. L. 95−43, Sec. 1(b)(7), June 15, 1977, 91 Stat. 218; Pub. L. 95−180, Sec. 1(a), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96−374, title XIII, Sec. 1391(a)(1), (b), Oct. 3, 1980, 94 Stat. 1503; Pub. L. 100−50, Sec. 21(a), June 3, 1987, 101 Stat. 360; Pub. L. 102−26, Sec. 2(a)(4), Apr. 9, 1991, 105 Stat. 123; Pub. L. 102−325, title XII, Sec. 1201, July 23, 1992, 106 Stat. 792; Pub. L. 102−394, title III, Sec. 308(a), Oct. 6, 1992, 106 Stat. 1820; Pub. L. 103−82, title I, Sec. 111(b)(5), Sept. 21, 1993, 107 Stat. 861; Pub. L. 103−208, Sec. 2(j)(48), Dec. 20, 1993, 107 Stat. 2485, defined terms for purposes of this chapter. See sections 1001 and 1003 of this title. Section 1142, Pub. L. 89−329, title XII, Sec. 1202, formerly Sec. 1207, as added Pub. L. 94−482, title I, Sec. 182, Oct. 12, 1976, 90 Stat. 2167; renumbered Sec. 1202, Pub. L. 96−374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493; amended Pub. L. 102−325, title XII, Sec. 1202, July 23, 1992, 106 Stat. 793, related to antidiscrimination requirements for institutions of higher education receiving Federal assistance. See section 1011 of this title. Another prior section 1142, Pub. L. 89−329, title XII, Sec. 1202, formerly title VIII, Sec. 802, Nov. 8, 1965, 79 Stat. 1270; renumbered title XII, Sec. 1202, Pub. L. 90−575, title II, Sec.

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251, Oct. 16, 1968, 82 Stat. 1042, related to method of payment pursuant to grants, loans, or contracts under this chapter, prior to repeal by section 1201 of Pub. L. 96−374. Prior sections 1142a and 1142b were repealed by Pub. L. 96−374, title XII, Sec. 1201, title XIII, Sec. 1393(a), Oct. 3, 1980, 94 Stat. 1493, 1504, effective Oct. 1, 1980. Section 1142a, Pub. L. 89−329, title XII, Sec. 1202, as added Pub. L. 92−318, title I, Sec. 196, June 23, 1972, 86 Stat. 324, related to designation of a State postsecondary education commission. Section 1142b, Pub. L. 89−329, title XII, Sec. 1203, as added Pub. L. 92−318, title I, Sec. 196, June 23, 1972, 86 Stat. 325; amended Pub. L. 94−482, title I, Sec. 179, Oct. 12, 1976, 90 Stat. 2166; Pub. L. 96−49, Sec. 12, Aug. 13, 1979, 93 Stat. 354, related to comprehensive statewide planning. Prior sections 1143 to 1145g were repealed by Pub. L. 105−244, Sec. 3, title I, Sec. 101(b), title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. Section 1143, Pub. L. 89−329, title XII, Sec. 1203, as added Pub. L. 96−374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493, related to State agreements. Another prior section 1143, Pub. L. 89−329, title XII, Sec. 1203, formerly title VIII, Sec. 803, Nov. 8, 1965, 79 Stat. 1270; renumbered title XII, Sec. 1203, Pub. L. 90−575, title II, Sec. 251, Oct. 16, 1968, 82 Stat. 1042, provided for delegation of functions by Commissioner of Education and utilization of services

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and facilities of other agencies, prior to repeal by Pub. L. 91−230, title IV, Sec. 401(c)(5), Apr. 13, 1970, 84 Stat. 173. Section 1144, Pub. L. 89−329, title XII, Sec. 1204, formerly title VIII, Sec. 804, Nov. 8, 1965, 79 Stat. 1270; renumbered title XII, Sec. 1204, Pub. L. 90−575, title II, Sec. 251, Oct. 16, 1968, 82 Stat. 1042; amended Pub. L. 91−230, title IV, Sec. 401(f)(6), Apr. 13, 1970, 84 Stat. 173, prohibited Federal control over education. Section 1144a, Pub. L. 89−329, title XII, Sec. 1204, as added Pub. L. 96−374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1495; amended Pub. L. 99−498, title XII, Sec. 1201, Oct. 17, 1986, 100 Stat. 1573; Pub. L. 102−73, title VIII, Sec. 801(c), July 25, 1991, 105 Stat. 360; Pub. L. 103−208, Sec. 2(j)(49), Dec. 20, 1993, 107 Stat. 2485, related to treatment of territories and territorial student assistance. See section 1011b of this title. Another prior section 1144a, Pub. L. 92−318, title V, Sec. 510, June 23, 1972, 86 Stat. 353, set forth sense of Congress that governing boards of institutions of higher education give consideration to student participation on such boards, prior to being omitted from the Code. Section 1145, Pub. L. 89−329, title XII, Sec. 1205, as added Pub. L. 96−374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1495; amended Pub. L. 99−498, title XII, Sec. 1202, Oct. 17, 1986, 100 Stat. 1573; Pub. L. 102−325, title XII, Sec. 1203, July 23, 1992, 106 Stat. 793; Pub. L. 103−208, Sec. 2(j)(50)−(53), Dec. 20, 1993, 107 Stat. 2485, related to National Advisory Committee on

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Institutional Quality and Integrity. See section 1011c of this title. Another prior section 1145, Pub. L. 89−329, title XII, Sec. 1205, as added Pub. L. 90−575, title II, Sec. 291(a), Oct. 16, 1968, 82 Stat. 1049; amended Pub. L. 91−230, title IV, Sec. 401(h)(4), Apr. 13, 1970, 84 Stat. 174, established an Advisory Council on Graduate Education in the Office of Education, prior to repeal by section 1201 of Pub. L. 96−374. Section 1145a, Pub. L. 89−329, title XII, Sec. 1206, as added Pub. L. 99−498, title XII, Sec. 1203, Oct. 17, 1986, 100 Stat. 1573, related to Commission to study postsecondary institutional and programmatic recognition process. Another prior section 1145a, Pub. L. 89−329, title XII, Sec. 1206, as added Pub. L. 92−318, title I, Sec. 197, June 23, 1972, 86 Stat. 325, related to supplying cost−of−education data by institutions of higher education, prior to repeal by Pub. L. 96−374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493, eff. Oct. 1, 1980. Section 1145b, Pub. L. 89−329, title XII, Sec. 1207, as added Pub. L. 99−498, title XII, Sec. 1204, Oct. 17, 1986, 100 Stat. 1576, related to student representation in connection with administration of this chapter. See section 1011d of this title. Another prior section 1145b, Pub. L. 89−329, title XII, Sec. 1202, formerly Sec. 1207, as added Pub. L. 94−482, title I, Sec. 182, Oct. 12, 1976, 90 Stat. 2167; renumbered title XII, Sec. 1202, Pub. L. 96−374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493,

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which related to antidiscrimination requirements for institutions of higher education receiving Federal assistance, was transferred to section 1142 of this title and subsequently repealed by Pub. L. 105−244. Section 1145c, Pub. L. 89−329, title XII, Sec. 1208, as added Pub. L. 99−498, title XII, Sec. 1205, Oct. 17, 1986, 100 Stat. 1577, related to financial responsibility of foreign students. See section 1011e of this title. Another prior section 1145c, Pub. L. 89−329, title XII, Sec. 1208, as added Pub. L. 94−482, title I, Sec. 183, Oct. 12, 1976, 90 Stat. 2167, related to availability of appropriations, prior to repeal by Pub. L. 96−374, title XII, Sec. 1201, Oct. 3, 1980, 94 Stat. 1493, eff. Oct. 1, 1980. Section 1145d, Pub. L. 89−329, title XII, Sec. 1209, as added Pub. L. 102−325, title XII, Sec. 1204, July 23, 1992, 106 Stat. 794; amended Pub. L. 103−208, Sec. 2(j)(54), Dec. 20, 1993, 107 Stat. 2485, related to disclosures of foreign gifts. See section 1011f of this title. Another prior section 1145d, Pub. L. 89−329, title XII, Sec. 1209, as added Pub. L. 99−498, title XII, Sec. 1206(a), Oct. 17, 1986, 100 Stat. 1577, related to disclosures of foreign gifts, prior to repeal by Pub. L. 99−498, title XII, Sec. 1206(b), Oct. 17, 1986, 100 Stat. 1579, as amended by Pub. L. 100−50, Sec. 22(f), June 3, 1987, 101 Stat. 362, effective Aug. 1, 1989. Section 1145d−1, Pub. L. 89−329, title XII, Sec. 1210, as added Pub. L. 100−50, Sec. 21(b), June 3, 1987, 101 Stat. 360, related to

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application of peer review process. See section 1011g of this title. Section 1145e, Pub. L. 89−329, title XII, Sec. 1211, formerly Sec. 1210, as added Pub. L. 99−498, title XII, Sec. 1207, Oct. 17, 1986, 100 Stat. 1579; renumbered Sec. 1211, Pub. L. 100−50, Sec. 21(b), June 3, 1987, 101 Stat. 360, related to aggregate limit of authorization of appropriations. Section 1145f, Pub. L. 89−329, title XII, Sec. 1212, formerly Sec. 1211, as added Pub. L. 100−418, title VI, Sec. 6231, Aug. 23, 1988, 102 Stat. 1518; renumbered Sec. 1212 and amended Pub. L. 103−208, Sec. 2(j)(55), (56), Dec. 20, 1993, 107 Stat. 2485, related to technology transfer centers. Section 1145g, Pub. L. 89−329, title XII, Sec. 1213, as added Pub. L. 101−226, Sec. 22(a)(1), Dec. 12, 1989, 103 Stat. 1938, related to drug and alcohol abuse prevention. See section 1011i of this title. A prior section 1145h, Pub. L. 102−325, title XV, Sec. 1541, July 23, 1992, 106 Stat. 834; Pub. L. 103−208, Sec. 2(k)(13), Dec. 20, 1993, 107 Stat. 2486, authorized grants for campus sexual offense education, prior to repeal by Pub. L. 105−332, Sec. 6(b)(3), Oct. 31, 1998, 112 Stat. 3128. A prior section 1146, Pub. L. 96−374, title XIII, Sec. 1392, Oct. 3, 1980, 94 Stat. 1504, which related to contract authority, was transferred to section 1154 of this title. Another prior section 1146, Pub. L. 89−329, title XII, Sec. 1206, as added Pub. L. 90−575, title II, Sec. 292, Oct. 16, 1968, 82

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Stat. 1050, provided for dissemination of information and authorization of $2,000,000 for fiscal year ending June 30, 1970, and such amount as Congress might authorize for fiscal year ending June 30, 1971, prior to repeal by Pub. L. 91−230, title IV, Sec. 401(d)(5), Apr. 13, 1970, 84 Stat. 173. A prior section 1146a, Pub. L. 99−498, Sec. 3, Oct. 17, 1986, 100 Stat. 1278, which provided that contracting authority be subject to appropriations, was transferred, and is set out as a Contracting Authority Subject to Appropriations note under section 1154 of this title. Prior sections 1147 to 1150, Pub. L. 89−329, title XII, Sec. 1207−1210, as added Pub. L. 90−575, title II, Sec. 295, Oct. 16, 1968, 82 Stat. 1051, 1052, provided for program planning and evaluation for higher education programs; advance funding; evaluation reports and Congressional review; and availability of appropriations on academic or school year basis, prior to repeal by Pub. L. 91−230, title IV, Sec. 401(b), Apr. 13, 1970, 84 Stat. 172. −CITE− 20 USC SUBCHAPTER VIII − MISCELLANEOUS 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VIII − MISCELLANEOUS . −HEAD− SUBCHAPTER VIII − MISCELLANEOUS

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−CITE− 20 USC Sec. 1151 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VIII − MISCELLANEOUS −HEAD− Sec. 1151. Grants to States for workplace and community transition training for incarcerated youth offenders −STATUTE− (a) Findings Congress makes the following findings: (1) Over 150,000 youth offenders age 21 and younger are incarcerated in the Nation's jails, juvenile facilities, and prisons. (2) Most youth offenders who are incarcerated have been sentenced as first−time adult felons. (3) Approximately 75 percent of youth offenders are high school dropouts who lack basic literacy and life skills, have little or no job experience, and lack marketable skills. (4) The average incarcerated youth has attended school only through grade 10. (5) Most of these youths can be diverted from a life of crime into productive citizenship with available educational, vocational, work skills, and related service programs. (6) If not involved with educational programs while

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incarcerated, almost all of these youths will return to a life of crime upon release. (7) The average length of sentence for a youth offender is about 3 years. Time spent in prison provides a unique opportunity for education and training. (8) Even with quality education and training provided during incarceration, a period of intense supervision, support, and counseling is needed upon release to ensure effective reintegration of youth offenders into society. (9) Research consistently shows that the vast majority of incarcerated youths will not return to the public schools to complete their education. (10) There is a need for alternative educational opportunities during incarceration and after release. (b) ''Youth offender'' defined For purposes of this section, the term ''youth offender'' means a male or female offender under the age of 25, who is incarcerated in a State prison, including a prerelease facility. (c) Grant program The Secretary of Education (in this section referred to as the ''Secretary'') shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, from allocations for the States under subsection (i) of this section, to assist and encourage incarcerated youths to acquire functional literacy, life, and job skills, through the pursuit of a postsecondary education

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certificate, or an associate of arts or bachelor's degree while in prison, and employment counseling and other related services which start during incarceration and continue through prerelease and while on parole. (d) Application To be eligible for a grant under this section, a State correctional education agency shall submit to the Secretary a proposal for a youth offender program that − (1) identifies the scope of the problem, including the number of incarcerated youths in need of postsecondary education and vocational training; (2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational services; (3) lists the cooperating agencies, public and private, or businesses that will provide related services, such as counseling in the areas of career development, substance abuse, health, and parenting skills; (4) describes the evaluation methods and performance measures that the State correctional education agency will employ, which methods and measures − (A) shall be appropriate to meet the goals and objectives of the proposal; and (B) shall include measures of − (i) program completion; (ii) student academic and vocational skill attainment;

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(iii) success in job placement and retention; and (iv) recidivism; (5) describes how the proposed programs are to be integrated with existing State correctional education programs (such as adult education, graduate education degree programs, and vocational training) and State industry programs; (6) addresses the educational needs of youth offenders who are in alternative programs (such as boot camps); and (7) describes how students will be selected so that only youth offenders eligible under subsection (f) of this section will be enrolled in postsecondary programs. (e) Program requirements Each State correctional education agency receiving a grant under this section shall − (1) integrate activities carried out under the grant with the objectives and activities of the school−to−work programs of such State, including − (A) work experience or apprenticeship programs; (B) transitional worksite job training for vocational education students that is related to the occupational goals of such students and closely linked to classroom and laboratory instruction; (C) placement services in occupations that the students are preparing to enter; (D) employment−based learning programs; and (E) programs that address State and local labor shortages;

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(2) annually report to the Secretary and the Attorney General on the results of the evaluations conducted using the methods and performance measures contained in the proposal; and (3) provide to each State for each student eligible under subsection (f) of this section not more than $1,500 annually for tuition, books, and essential materials, and not more than $300 annually for related services such as career development, substance abuse counseling, parenting skills training, and health education, for each eligible incarcerated youth. (f) Student eligibility A youth offender shall be eligible for participation in a program receiving a grant under this section if the youth offender − (1) is eligible to be released within 5 years (including a youth offender who is eligible for parole within such time); and (2) is 25 years of age or younger. (g) Length of participation A State correctional education agency receiving a grant under this section shall provide educational and related services to each participating youth offender for a period not to exceed 5 years, 1 year of which may be devoted to study in a graduate education degree program or to remedial education services for students who have obtained a secondary school diploma or its recognized equivalent. Educational and related services shall start during the period of incarceration in prison or prerelease and may continue during the period of parole. (h) Education delivery systems

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State correctional education agencies and cooperating institutions shall, to the extent practicable, use high−tech applications in developing programs to meet the requirements and goals of this section. (i) Allocation of funds From the funds appropriated pursuant to subsection (j) of this section for each fiscal year, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of students eligible under subsection (f) of this section in such State bears to the total number of such students in all States. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $17,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years. −SOURCE− (Pub. L. 105−244, title VIII, Sec. 821, Oct. 7, 1998, 112 Stat. 1813.) −COD− CODIFICATION Section was enacted as part of the Higher Education Amendments of 1998, and not as part of the Higher Education Act of 1965 which comprises this chapter. −CITE− 20 USC Sec. 1152 01/06/03 −EXPCITE−

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TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VIII − MISCELLANEOUS −HEAD− Sec. 1152. Grants to combat violent crimes against women on campuses −STATUTE− (a) Grants authorized (1) In general The Attorney General is authorized to make grants to institutions of higher education, for use by such institutions or consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution, to develop and strengthen effective security and investigation strategies to combat violent crimes against women on campuses, and to develop and strengthen victim services in cases involving violent crimes against women on campuses, which may include partnerships with local criminal justice authorities and community−based victim services agencies. (2) Award basis The Attorney General shall award grants and contracts under this section on a competitive basis. (3) Equitable participation The Attorney General shall make every effort to ensure − (A) the equitable participation of private and public

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institutions of higher education in the activities assisted under this section; and (B) the equitable geographic distribution of grants under this section among the various regions of the United States. (b) Use of grant funds Grant funds awarded under this section may be used for the following purposes: (1) To provide personnel, training, technical assistance, data collection, and other equipment with respect to the increased apprehension, investigation, and adjudication of persons committing violent crimes against women on campus. (2) To train campus administrators, campus security personnel, and personnel serving on campus disciplinary or judicial boards to more effectively identify and respond to violent crimes against women on campus, including the crimes of sexual assault, stalking, domestic violence, and dating violence. (3) To implement and operate education programs for the prevention of violent crimes against women. (4) To develop, enlarge, or strengthen support services programs, including medical or psychological counseling, for victims of sexual offense crimes. (5) To create, disseminate, or otherwise provide assistance and information about victims' options on and off campus to bring disciplinary or other legal action, including assistance to victims in immigration matters. (6) To develop and implement more effective campus policies,

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protocols, orders, and services specifically devoted to prevent, identify, and respond to violent crimes against women on campus, including the crimes of sexual assault, stalking, domestic violence, and dating violence. (7) To develop, install, or expand data collection and communication systems, including computerized systems, linking campus security to the local law enforcement for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions with respect to violent crimes against women on campus, including the crimes of sexual assault, stalking, domestic violence, and dating violence. (8) To develop, enlarge, or strengthen victim services programs for the campus and to improve delivery of victim services on campus. (9) To provide capital improvements (including improved lighting and communications facilities but not including the construction of buildings) on campuses to address violent crimes against women on campus, including the crimes of sexual assault, stalking, domestic violence, and dating violence. (10) To support improved coordination among campus administrators, campus security personnel, and local law enforcement to reduce violent crimes against women on campus. (c) Applications (1) In general In order to be eligible to be awarded a grant under this

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section for any fiscal year, an institution of higher education shall submit an application to the Attorney General at such time and in such manner as the Attorney General shall prescribe. (2) Contents Each application submitted under paragraph (1) shall − (A) describe the need for grant funds and the plan for implementation for any of the purposes described in subsection (b) of this section; (B) describe how the campus authorities shall consult and coordinate with nonprofit and other victim services programs, including sexual assault, domestic violence and dating violence victim services programs; (C) describe the characteristics of the population being served, including type of campus, demographics of the population, and number of students; (D) provide measurable goals and expected results from the use of the grant funds; (E) provide assurances that the Federal funds made available under this section shall be used to supplement and, to the extent practical, increase the level of funds that would, in the absence of Federal funds, be made available by the institution for the purposes described in subsection (b) of this section; and (F) include such other information and assurances as the Attorney General reasonably determines to be necessary. (3) Compliance with campus crime reporting required

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No institution of higher education shall be eligible for a grant under this section unless such institution is in compliance with the requirements of section 1092(f) of this title. (d) General terms and conditions (1) Nonmonetary assistance In addition to the assistance provided under this section, the Attorney General may request any Federal agency to use the agency's authorities and the resources granted to the agency under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of campus security, and investigation and victim service efforts. (2) Grantee reporting (A) Annual report Each institution of higher education receiving a grant under this section shall submit an annual performance report to the Attorney General. The Attorney General shall suspend funding under this section for an institution of higher education if the institution fails to submit an annual performance report. (B) Final report Upon completion of the grant period under this section, the institution shall file a performance report with the Attorney General and the Secretary of Education explaining the activities carried out under this section together with an assessment of the effectiveness of those activities in achieving the purposes described in subsection (b) of this

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section. (3) Report to Congress Not later than 180 days after the end of the fiscal year for which grants are awarded under this section, the Attorney General shall submit to the committees of the House of Representatives and the Senate responsible for issues relating to higher education and crime, a report that includes − (A) the number of grants, and the amount of funds, distributed under this section; (B) a summary of the purposes for which the grants were provided and an evaluation of the progress made under the grant; (C) a statistical summary of the persons served, detailing the nature of victimization, and providing data on age, sex, race, ethnicity, language, disability, relationship to offender, geographic distribution, and type of campus; and (D) an evaluation of the effectiveness of programs funded under this part, (FOOTNOTE 1) including information obtained from reports submitted pursuant to section 1092(f) of this title. (FOOTNOTE 1) See References in Text note below. (4) Regulations or guidelines Not later than 120 days after October 7, 1998, the Attorney General, in consultation with the Secretary of Education, shall publish proposed regulations or guidelines implementing this section. Not later than 180 days after October 7, 1998, the

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Attorney General shall publish final regulations or guidelines implementing this section. (f) (FOOTNOTE 2) Definitions (FOOTNOTE 2) So in original. No subsec. (e) has been enacted. In this section − (1) the term ''dating violence'' means violence committed by a person − (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. (FOOTNOTE 3) (FOOTNOTE 3) So in original. The period probably should be a semicolon. (2) the term ''domestic violence'' includes acts or threats of violence, not including acts of self defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person similarly situated to a spouse of the victim under the domestic, dating or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic, dating or family violence laws of the jurisdiction;

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(3) the term ''sexual assault'' means any conduct proscribed by chapter 109A of title 18, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison, including both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim; and (4) the term ''victim services'' means a nonprofit, nongovernmental organization or a public, nonprofit organization acting in a nongovernmental capacity that assists domestic violence, dating violence or sexual assault victims, including campus women's centers, rape crisis centers, battered women's shelters, and other sexual assault, domestic violence or dating violence programs, including campus counseling support and victim advocate organizations with domestic violence, dating violence, stalking, and sexual assault programs, whether or not organized and staffed by students. (g) Authorization of appropriations For the purpose of carrying out this part, (FOOTNOTE 1) there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005. −SOURCE− (Pub. L. 105−244, title VIII, Sec. 826, Oct. 7, 1998, 112 Stat. 1815; Pub. L. 106−386, div. B, title I, Sec. 1108(a), title V, Sec. 1512(d), Oct. 28, 2000, 114 Stat. 1500, 1533.) −REFTEXT−

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REFERENCES IN TEXT This part, referred to in subsecs. (d)(3)(D) and (g), is part E (Sec. 826, 827) of title VIII of Pub. L. 105−244, which enacted this section and provisions set out as a note under this section. −COD− CODIFICATION Section was enacted as part of the Higher Education Amendments of 1998, and not as part of the Higher Education Act of 1965 which comprises this chapter. −MISC3− AMENDMENTS 2000 − Subsec. (b)(2). Pub. L. 106−386, Sec. 1108(a)(1), substituted ''domestic violence, and dating violence'' for ''and domestic violence''. Subsec. (b)(5). Pub. L. 106−386, Sec. 1512(d), inserted '', including assistance to victims in immigration matters'' before period at end. Subsec. (b)(6), (7), (9). Pub. L. 106−386, Sec. 1108(a)(1), substituted ''domestic violence, and dating violence'' for ''and domestic violence''. Subsec. (c)(2)(B). Pub. L. 106−386, Sec. 1108(a)(2), substituted '', domestic violence and dating violence'' for ''and domestic violence''. Subsec. (f)(1). Pub. L. 106−386, Sec. 1108(a)(3)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (f)(2). Pub. L. 106−386, Sec. 1108(a)(3)(C), which

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directed the amendment of par. (2) by inserting '', dating'' after ''domestic'' wherever appearing, was executed by inserting '', dating'' after ''domestic'' the second and third places appearing, to reflect the probable intent of Congress. Pub. L. 106−386, Sec. 1108(a)(3)(A), redesignated par. (1) as (2). Former par. (2) redesignated (3). Subsec. (f)(3). Pub. L. 106−386, Sec. 1108(a)(3)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (f)(4). Pub. L. 106−386, Sec. 1108(a)(3)(A), (D), redesignated par. (3) as (4), inserted ''or a public, nonprofit organization acting in a nongovernmental capacity'' after ''organization'', '', dating violence'' after ''assists domestic violence'', and ''dating violence,'' before ''stalking,'' and substituted '', domestic violence or dating violence'' for ''or domestic violence''. Subsec. (g). Pub. L. 106−386, Sec. 1108(a)(4), substituted ''each of fiscal years 2001 through 2005'' for ''fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years''. STUDY OF INSTITUTIONAL PROCEDURES TO REPORT SEXUAL ASSAULTS Pub. L. 105−244, title VIII, Sec. 827, Oct. 7, 1998, 112 Stat. 1819, provided that: ''(a) In General. − The Attorney General, in consultation with the Secretary of Education, shall provide for a national study to examine procedures undertaken after an institution of higher education receives a report of sexual assault.

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''(b) Report. − The study required by subsection (a) shall include an analysis of − ''(1) the existence and publication of the institution of higher education's and State's definition of sexual assault; ''(2) the existence and publication of the institution's policy for campus sexual assaults; ''(3) the individuals to whom reports of sexual assault are given most often and − ''(A) how the individuals are trained to respond to the reports; and ''(B) the extent to which the individuals are trained; ''(4) the reporting options that are articulated to the victim or victims of the sexual assault regarding − ''(A) on−campus reporting and procedure options; and ''(B) off−campus reporting and procedure options; ''(5) the resources available for victims' safety, support, medical health, and confidentiality, including − ''(A) how well the resources are articulated both specifically to the victim of sexual assault and generally to the campus at large; and ''(B) the security of the resources in terms of confidentiality or reputation; ''(6) policies and practices that may prevent or discourage the reporting of campus sexual assaults to local crime authorities, or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of campus sexual assaults;

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''(7) policies and practices found successful in aiding the report and any ensuing investigation or prosecution of a campus sexual assault; ''(8) the on−campus procedures for investigation and disciplining the perpetrator of a sexual assault, including − ''(A) the format for collecting evidence; and ''(B) the format of the investigation and disciplinary proceeding, including the faculty responsible for running the disciplinary procedure and the persons allowed to attend the disciplinary procedure; and ''(9) types of punishment for offenders, including − ''(A) whether the case is directed outside the institution for further punishment; and ''(B) how the institution punishes perpetrators. ''(c) Submission of Report. − The report required by subsection (b) shall be submitted to Congress not later than September 1, 2000. ''(d) Definition. − For purposes of this section, the term 'campus sexual assaults' means sexual assaults occurring at institutions of higher education and sexual assaults committed against or by students or employees of such institutions. ''(e) Authorization of Appropriations. − There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2000.'' −CITE− 20 USC Sec. 1153 01/06/03

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−EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VIII − MISCELLANEOUS −HEAD− Sec. 1153. Underground Railroad educational and cultural program −STATUTE− (a) Program established The Secretary of Education, in consultation and cooperation with the Secretary of the Interior, is authorized to make grants to 1 or more nonprofit educational organizations that are established to research, display, interpret, and collect artifacts relating to the history of the Underground Railroad. (b) Grant agreement Each nonprofit educational organization awarded a grant under this section shall enter into an agreement with the Secretary of Education. Each such agreement shall require the organization − (1) to establish a facility to house, display, and interpret the artifacts related to the history of the Underground Railroad, and to make the interpretive efforts available to institutions of higher education that award a baccalaureate or graduate degree; (2) to demonstrate substantial private support for the facility through the implementation of a public−private partnership between a State or local public entity and a private entity for the support of the facility, which private entity shall provide matching funds for the support of the facility in an amount equal

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to 4 times the amount of the contribution of the State or local public entity, except that not more than 20 percent of the matching funds may be provided by the Federal Government; (3) to create an endowment to fund any and all shortfalls in the costs of the on−going operations of the facility; (4) to establish a network of satellite centers throughout the United States to help disseminate information regarding the Underground Railroad throughout the United States, if such satellite centers raise 80 percent of the funds required to establish the satellite centers from non−Federal public and private sources; (5) to establish the capability to electronically link the facility with other local and regional facilities that have collections and programs which interpret the history of the Underground Railroad; and (6) to submit, for each fiscal year for which the organization receives funding under this section, a report to the Secretary of Education that contains − (A) a description of the programs and activities supported by the funding; (B) the audited financial statement of the organization for the preceding fiscal year; (C) a plan for the programs and activities to be supported by the funding as the Secretary may require; and (D) an evaluation of the programs and activities supported by the funding as the Secretary may require.

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(c) Authorization of appropriations There are authorized to be appropriated to carry out this section $6,000,000 for fiscal year 1999, $6,000,000 for fiscal year 2000, $6,000,000 for fiscal year 2001, $3,000,000 for fiscal year 2002, and $3,000,000 for fiscal year 2003. −SOURCE− (Pub. L. 105−244, title VIII, Sec. 841, Oct. 7, 1998, 112 Stat. 1820.) −COD− CODIFICATION Section was enacted as part of the Higher Education Amendments of 1998, and not as part of the Higher Education Act of 1965 which comprises this chapter. −CITE− 20 USC Sec. 1154 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VIII − MISCELLANEOUS −HEAD− Sec. 1154. Contract authority −STATUTE− The authorization to enter into contracts or other obligations under the Act, as amended by this Act, shall be effective for fiscal year 1981 and any succeeding fiscal year only to the extent or in such amounts as are provided in advance in appropriation

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Acts. −SOURCE− (Pub. L. 96−374, title XIII, Sec. 1392, Oct. 3, 1980, 94 Stat. 1504.) −REFTEXT− REFERENCES IN TEXT The Act, as amended by this Act, referred to in text, means the Higher Education Act of 1965, Pub. L. 89−329, Nov. 8, 1965, 79 Stat. 1219, as amended by the Education Amendments of 1980, Pub. L. 96−373, Oct. 3, 1980, 94 Stat. 1367, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. −COD− CODIFICATION Section was formerly classified to section 1146 of this title. Section was enacted as part of the Education Amendments of 1980, and not as part of the Higher Education Act of 1965 which comprises this chapter. Section was enacted as part of the Higher Education Amendments of 1986, and not as part of the Higher Education Act of 1965 which comprises this chapter. −MISC3− EFFECTIVE DATE Section effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96−374, set out as an Effective Date of 1980 Amendment note under

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section 1001 of this title. CONTRACTING AUTHORITY SUBJECT TO APPROPRIATIONS Pub. L. 99−498, Sec. 3, Oct. 17, 1986, 100 Stat. 1278, provided that: ''The authority to enter into contracts or other obligations under this Act (other than amendments made to part B of title IV of the Act) (see Tables for classification) shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.'' −CITE− 20 USC Sec. 1155 01/06/03 −EXPCITE− TITLE 20 − EDUCATION CHAPTER 28 − HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE SUBCHAPTER VIII − MISCELLANEOUS −HEAD− Sec. 1155. Connie Lee privatization −STATUTE− (a) Status of Corporation and corporate powers; obligations not federally guaranteed (1) Status of the Corporation The Corporation shall not be an agency, instrumentality, or establishment of the United States Government, nor a Government corporation, nor a Government controlled corporation, as such terms are defined in section 103 of title 5. No action under section 1491 of title 28 (commonly known as the Tucker Act) shall be allowable against the United States based on the actions of

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the Corporation. (2) Corporate powers The Corporation shall be subject to the provisions of this section, and, to the extent not inconsistent with this section, to the District of Columbia Business Corporation Act (or the comparable law of another State, if applicable). The Corporation shall have the powers conferred upon a corporation by the District of Columbia Business Corporation Act (or such other applicable State law) as from time to time in effect in order to conduct the Corporation's affairs as a private, for−profit corporation and to carry out the Corporation's purposes and activities incidental thereto. The Corporation shall have the power to enter into contracts, to execute instruments, to incur liabilities, to provide products and services, and to do all things as are necessary or incidental to the proper management of the Corporation's affairs and the efficient operation of a private, for−profit business. (3) Limitation on ownership of stock (A) Student Loan Marketing Association The Student Loan Marketing Association shall not increase its share of the ownership of the Corporation in excess of 42 percent of the shares of stock of the Corporation outstanding on September 30, 1996. The Student Loan Marketing Association shall not control the operation of the Corporation, except that the Student Loan Marketing Association may participate in the election of directors as a shareholder, and may continue to

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exercise the Student Loan Marketing Association's right to appoint directors under section 1132f−3 of this title as long as that section is in effect. (B) Prohibition Until such time as the Secretary of the Treasury sells the stock of the Corporation owned by the Secretary of Education pursuant to subsection (c) of this section, the Student Loan Marketing Association shall not provide financial support or guarantees to the Corporation. (C) Financial support or guarantees After the Secretary of the Treasury sells the stock of the Corporation owned by the Secretary of Education pursuant to subsection (c) of this section, the Student Loan Marketing Association may provide financial support or guarantees to the Corporation, if such support or guarantees are subject to terms and conditions that are no more advantageous to the Corporation than the terms and conditions the Student Loan Marketing Association provides to other entities, including, where applicable, other monoline financial guaranty corporations in which the Student Loan Marketing Association has no ownership interest. (4) No Federal guarantee (A) Obligations insured by the Corporation (i) Full faith and credit of the United States No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation

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that is guaranteed by the full faith and credit of the United States. (ii) Student Loan Marketing Association No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation that is guaranteed by the Student Loan Marketing Association. (iii) Special rule This paragraph shall not affect the determination of whether such obligation is guaranteed for purposes of Federal income taxes. (B) Securities offered by the Corporation No debt or equity securities of the Corporation shall be deemed to be guaranteed by the full faith and credit of the United States. (5) ''Corporation'' defined The term ''Corporation'' as used in this section means the College Construction Loan Insurance Association as in existence on the day before September 30, 1996, and any successor corporation. (b) Related privatization requirements (1) Notice requirements (A) In general During the six−year period following September 30, 1996, the Corporation shall include, in each of the Corporation's contracts for the insurance, guarantee, or reinsurance of obligations, and in each document offering debt or equity

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securities of the Corporation, a prominent statement providing notice that − (i) such obligations or such securities, as the case may be, are not obligations of the United States, nor are such obligations or such securities, as the case may be, guaranteed in any way by the full faith and credit of the United States; and (ii) the Corporation is not an instrumentality of the United States. (B) Additional notice During the five−year period following the sale of stock pursuant to subsection (c)(1) of this section, in addition to the notice requirements in subparagraph (A), the Corporation shall include, in each of the contracts and documents referred to in such subparagraph, a prominent statement providing notice that the United States is not an investor in the Corporation. (2) Corporate charter The Corporation's charter shall be amended as necessary and without delay to conform to the requirements of this section. (3) Corporate name The name of the Corporation, or of any direct or indirect subsidiary thereof, may not contain the term ''College Construction Loan Insurance Association'', or any substantially similar variation thereof. (4) Articles of incorporation The Corporation shall amend the Corporation's articles of

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incorporation without delay to reflect that one of the purposes of the Corporation shall be to guarantee, insure, and reinsure bonds, leases, and other evidences of debt of educational institutions, including Historically Black Colleges and Universities and other academic institutions which are ranked in the lower investment grade category using a nationally recognized credit rating system. (5) Requirements until stock sale Notwithstanding subsection (d) of this section, the requirements of sections 1132f−3 and 1132f−9 of this title, as such sections were in effect on the day before September 30, 1996, shall continue to be effective until the day immediately following the date of closing of the purchase of the Secretary of Education's stock (or the date of closing of the final purchase, in the case of multiple transactions) pursuant to subsection (c)(1) of this Act. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be ''section.'' (c) Sale of federally owned stock (1) Purchase by the Corporation The Secretary of the Treasury shall sell and the Corporation shall purchase, within 90 days after September 30, 1996, the stock of the Corporation held by the Secretary of Education at a price determined by the binding, independent appraisal of a nationally recognized financial firm, except that the 90−day period may be extended by mutual agreement of the Secretary of the Treasury and the Corporation to not more than 150 days after

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September 30, 1996. The appraiser shall be jointly selected by the Secretary of the Treasury and the Corporation. In the event that the Secretary of the Treasury and the Corporation cannot agree on the appraiser, then the Secretary of the Treasury and the Corporation shall name an independent third party to select the appraiser. (2) Reimbursement of costs and expenses of sale The Secretary of the Treasury shall be reimbursed from the proceeds of the sale of the stock under this subsection for all reasonable costs and expenses related to such sale, except that one−half of all reasonable costs and expenses relating to the independent appraisal under paragraph (1) shall be borne by the Corporation. (3) Deposit into account Amounts collected from the sale of stock pursuant to this subsection that are not used to reimburse the Secretary of the Treasury pursuant to paragraph (2) shall be deposited into the account established under subsection (e) of this section. (4) Assistance by the Corporation The Corporation shall provide such assistance as the Secretary of the Treasury and the Secretary of Education may require to facilitate the sale of the stock under this subsection. (5) Report to Congress Not later than 6 months after September 30, 1996, the Secretary of the Treasury shall report to the appropriate committees of Congress on the completion and terms of the sale of stock of the

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Corporation pursuant to this subsection. (d) Omitted (e) Establishment of account (1) In general Notwithstanding any other provision of law, the District of Columbia Financial Responsibility and Management Assistance Authority shall establish an account to receive − (A) amounts collected from the sale and proceeds resulting from the exercise of stock warrants pursuant to section 1087−3(c)(9) of this title; (B) amounts and proceeds remitted as compensation for the right to assign the ''Sallie Mae'' name as a trademark or service mark pursuant to section 1087−3(e)(3) of this title; and (C) amounts and proceeds collected from the sale of the stock of the Corporation and deposited pursuant to subsection (c)(3) of this section. (2) Amounts and proceeds (A) Amounts and proceeds relating to Sallie Mae The amounts and proceeds described in subparagraphs (A) and (B) of paragraph (1) shall be used to finance public elementary and secondary school facility construction and repair within the District of Columbia or to carry out the District of Columbia School Reform Act of 1995. (B) Amounts and proceeds relating to Connie Lee The amounts and proceeds described in subparagraph (C) of

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paragraph (1) shall be used to finance public and public charter elementary and secondary school facility construction and repair within the District of Columbia. Of such amounts and proceeds, $5,000,000 shall be set aside for a credit enhancement revolving fund for public charter schools in the District of Columbia, to be administered and disbursed in accordance with paragraph (3). (3) Credit enhancement revolving fund for public charter schools (A) Distribution of amounts Of the amounts in the credit enhancement revolving fund established under paragraph (2)(B) − (i) 50 percent shall be used to make grants under subparagraph (B); and (ii) 50 percent shall be used to make grants under subparagraph (C). (B) Grants to eligible nonprofit corporations (i) In general Using the amounts described in subparagraph (A)(i), the Mayor of the District of Columbia shall make and disburse grants to eligible nonprofit corporations to carry out the purposes described in subparagraph (E). (ii) Administration The Mayor shall administer the program of grants under this subparagraph, except that if the committee described in subparagraph (C)(iii) is in operation and is fully functional prior to the date the Mayor makes the grants, the Mayor may

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delegate the administration of the program to the committee. (C) Other grants (i) In general Using the amounts described in subparagraph (A)(ii), the Mayor of the District of Columbia shall make grants to entities to carry out the purposes described in subparagraph (E). (ii) Participation of schools A public charter school in the District of Columbia may receive a grant under this subparagraph to carry out the purposes described in subparagraph (E) in the same manner as other entities receiving grants to carry out such activities. (iii) Administration through committee The Mayor shall carry out this subparagraph through the committee appointed by the Mayor under the second sentence of paragraph (2)(B) (as in effect prior to November 22, 2000). The committee may enter into an agreement with a third party to carry out its responsibilities under this subparagraph. (iv) Cap on administrative costs Not more than 5 percent of the funds available for grants under this subparagraph may be used to cover the administrative costs of making grants under this subparagraph. (D) Special rule regarding eligibility of nonprofit corporations In order to be eligible to receive a grant under this

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paragraph, a nonprofit corporation must provide appropriate certification to the Mayor or to the committee described in subparagraph (C)(iii) (as the case may be) that it is duly authorized by two or more public charter schools in the District of Columbia to act on their behalf in obtaining financing (or in assisting them in obtaining financing) to cover the costs of activities described in subparagraph (E)(i). (E) Purposes of grants (i) In general The recipient of a grant under this paragraph shall use the funds provided under the grant to carry out activities to assist public charter schools in the District of Columbia in − (I) obtaining financing to acquire interests in real property (including by purchase, lease, or donation), including financing to cover planning, development, and other incidental costs; (II) obtaining financing for construction of facilities or the renovation, repair, or alteration of existing property or facilities (including the purchase or replacement of fixtures and equipment), including financing to cover planning, development, and other incidental costs; and (III) enhancing the availability of loans (including mortgages) and bonds. (ii) No direct funding for schools

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Funds provided under a grant under this subparagraph may not be used by a recipient to make direct loans or grants to public charter schools. −SOURCE− (Pub. L. 104−208, div. A, title I, Sec. 101(e) (title VI, Sec. 603), Sept. 30, 1996, 110 Stat. 3009−233, 3009−290; Pub. L. 106−113, div. A, title I, Sec. 153, Nov. 29, 1999, 113 Stat. 1526; Pub. L. 106−522, Sec. 161, Nov. 22, 2000, 114 Stat. 2483; Pub. L. 106−553, Sec. 1(a)(1) (Sec. 161), Dec. 21, 2000, 114 Stat. 2762, 2762A−45; Pub. L. 106−554, Sec. 1(a)(4) (div. A, Sec. 406(a)), Dec. 21, 2000, 114 Stat. 2763, 2763A−189; Pub. L. 107−96, Dec. 21, 2001, 115 Stat. 936.) −REFTEXT− REFERENCES IN TEXT The District of Columbia Business Corporation Act, referred to in subsec. (a)(2), is act June 8, 1954, ch. 269, 68 Stat. 179, as amended, which is not classified to the Code. Sections 1132f−3 and 1132f−9 of this title, referred to in subsecs. (a)(3)(A) and (b)(5), were repealed by subsec. (d) of this section. The District of Columbia School Reform Act of 1995, referred to in subsec. (e)(2)(A), is Pub. L. 104−134, title I, Sec. 101(b) (title II), Apr. 26, 1996, 110 Stat. 1321−77, 1321−107, as amended, which amended sections 6322, 6364, and 6365 of this title and enacted provisions set out as a note under section 6322 of this title. For complete classification of this Act to the Code, see

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Tables. −COD− CODIFICATION Section was formerly classified to section 1132f−10 of this title. Section enacted as part of the Student Loan Marketing Association Reorganization Act of 1996, and not as part of the Higher Education Act of 1965 which comprises this chapter. Section is comprised of section 101(e) (title VI, Sec. 603) of div. A of Pub. L. 104−208. Subsec. (d) of section 603 of title VI of section 101(e) of Pub. L. 104−208, repealed sections 1132f to 1132f−9 of this title. −MISC3− AMENDMENTS 2001 − Subsec. (e)(2)(B). Pub. L. 107−96, par. (2), which directed amendment of section 161 of Pub. L. 106−522, by inserting ''revolving'' after ''enhancement'' in second sentence of par. (2)(B), was executed by revising the amendment by Pub. L. 106−522, Sec. 161(1), which had amended the second sentence of subsec. (e)(2)(B) of this section, to reflect the probable intent of Congress. See 2000 Amendment note below. Subsec. (e)(3). Pub. L. 107−96, pars. (1), (3), amended Pub. L. 106−522, Sec. 161(2). See 2000 Amendment note below. Pub. L. 107−96, par. (2), which directed amendment of section 161 of Pub. L. 106−522, by inserting ''revolving'' after ''enhancement'' in heading of par. (3) and in par. (3)(A), was

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executed by revising the amendment by Pub. L. 106−522, Sec. 161(2), which had added subsec. (e)(3) to this section, to reflect the probable intent of Congress. See 2000 Amendment note below. Subsec. (e)(3)(C)(iv). Pub. L. 107−96, proviso, which directed amendment of the cap on administrative costs as amended by Pub. L. 106−522, Sec. 161, by substituting ''5 percent'' for ''10 percent'', could not be executed because the words ''10 percent'' did not appear in this section after the amendment of Pub. L. 106−522, Sec. 161(2), by Pub. L. 107−96, par. (3). See 2000 Amendment note below. 2000 − Subsec. (e)(2)(B). Pub. L. 106−553, Sec. 1(a)(1) (Sec. 161(1)), which directed amendment identical to amendment by Pub. L. 106−522, Sec. 161(1), below, was repealed by Pub. L. 106−554, Sec. 1(a)(4) (div. A, Sec. 406(a)). See Effective Date and Construction of 2000 Amendment note below. Pub. L. 106−522, Sec. 161(1), as amended by Pub. L. 107−96, par. (2), amended second sentence generally. Prior to amendment, second sentence read as follows: ''Of such amounts and proceeds, $5,000,000 shall be set aside for use as a credit enhancement fund for public charter schools in the District of Columbia, with the administration of the fund (including the making of loans) to be carried out by the Mayor through a committee consisting of three individuals appointed by the Mayor of the District of Columbia and two individuals appointed by the Public Charter School Board established under section 2214 of the District of Columbia School Reform Act of 1995.''

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Subsec. (e)(3). Pub. L. 106−553, Sec. 1(a)(1) (Sec. 161(2)), which directed amendment identical to amendment by Pub. L. 106−522, Sec. 161(2), below, was repealed by Pub. L. 106−554, Sec. 1(a)(4) (div. A, Sec. 406(a)). See Effective Date and Construction of 2000 Amendment note below. Pub. L. 106−522, Sec. 161(2), as amended by Pub. L. 107−96, pars. (1) to (3), added par. (3). 1999 − Subsec. (e)(2)(B). Pub. L. 106−113 inserted ''and public charter'' after ''public'' and inserted at end ''Of such amounts and proceeds, $5,000,000 shall be set aside for use as a credit enhancement fund for public charter schools in the District of Columbia, with the administration of the fund (including the making of loans) to be carried out by the Mayor through a committee consisting of three individuals appointed by the Mayor of the District of Columbia and two individuals appointed by the Public Charter School Board established under section 2214 of the District of Columbia School Reform Act of 1995.'' EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107−96, Dec. 21, 2001, 115 Stat. 936, provided that the amendments made by that act to section 161 of Pub. L. 106−522 are effective as if included in Pub. L. 106−522. EFFECTIVE DATE AND CONSTRUCTION OF 2000 AMENDMENT Pub. L. 106−554, Sec. 1(a)(4) (div. A, Sec. 406), Dec. 21, 2000, 114 Stat. 2763, 2763A−189, provided that: ''(a) The provisions of H.R. 5547 (as enacted into law by H.R. 4942 of the 106th Congress) (H.R. 5547 as enacted by section

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1(a)(1) of Pub. L. 106−553, amending this section and enacting provisions set out as a note under section 6301 of Title 31, Money and Finance) are repealed and shall be deemed for all purposes (including section 1(b) of H.R. 4942 (Pub. L. 106−553, 1 U.S.C. 112 note)) to have never been enacted. ''(b) The repeal made by this section shall take effect as if included in H.R. 4942 of the 106th Congress (Pub. L. 106−553) on the date of its enactment (Dec. 21, 2000).'' −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1087−3 of this title. −CITE−

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