funds, per full-time equivalent student (other than any endowment fund built under section 1065 of this title as in effect on September 30, 1986, and under part B of this subchapter) at similar institutions; or

(B) which has expenditures per full-time equivalent student for library materials which is less than the average of the expenditures for library materials per full-time equivalent student by other similarly situated institutions.

(3) Special consideration shall be given to applications which propose, pursuant to the institution's plan, to engage in

(A) faculty development;

(B) funds and administrative management; (C) development and improvement of academic programs;

(D) acquisition of equipment for use in strengthening funds management and academic programs;

(E) joint use of facilities such as libraries and laboratories; and

(F) student services.

(Pub. L. 89-329, title III, § 311, as added Pub. L. 99-498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1291, and amended Pub. L. 100-50, § 2(a)(1), June 3, 1987, 101 Stat. 335.)

PRIOR PROVISIONS

A prior section 1057, Pub. L. 89-329, title III, § 311, as added Pub. L. 96-374, title III, § 301, Oct. 3, 1980, 94 Stat. 1391, enumerated purposes and established grant authority for program to strengthen eligible institutions, prior to the general revision of this subchapter by Pub. L. 99-498.

AMENDMENTS

1987-Subsec. (b)(1). Pub. L. 100-50 substituted "section 1069f(a)(1) of this title" for "section 1069d(a)(1) 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1059a, 1066, 1068, 1969 of this title.

§ 1058. Definitions; eligibility

(a) Educational and general expenditures

For the purpose of this part, the term "educational and general expenditures" means the total amount expended by an institution of higher education 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 which the institution is required to pay by law.

(b) Eligible institution

For the purpose of this part, the term "eligible institution" means

(1) an institution of higher education

(A) which has an enrollment of needy students as required by subsection (c) of this section;

(B) except as provided in section 1067(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;

(C)(i) which is legally authorized to provide, and provides within the State, an educational program for which it awards a bachelor's degree, or (ii) which is a junior or community college;

(D) which 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 which is, according to such an agency or association, making reasonable progress toward accreditation;

(E) except as provided in section 1067(b) of this title which has, during the 5 academic years preceding the academic year for which it seeks assistance under this part

(i) met the requirement of either subparagraph (C)(i) or (C)(ii), or of both such subparagraphs (simultaneously or consecutively); and

(ii) met the requirement of subparagraph (D); and

(F) which meets such other requirements as the Secretary may prescribe;

(2) any branch of any institution of higher education described under paragraph (1) which by itself satisfies the requirements contained in subparagraphs (A) and (B) of such paragraph;

(3) any institution of higher education which has an enrollment of which at least 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1);

(4) any institution of higher education which has an enrollment of at least 60 percent American Indian, or in the case of Alaska natives, an enrollment of at least 5 percent, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); and

(5) any institution of higher education which has an enrollment of which at least 5 percent are Native Hawaiian, Asian American, American Samoan, Micronesian, Guamian (Chamorro), and Northern Marianian, or any combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1).

For purposes of the determination of whether an institution is an eligible institution under this paragraph, the factor described under paragraph (1)(A) shall be given twice the weight of the factor described under paragraph (1)(B).

(c) Enrollment of needy students

For the purpose of this part, the term "enrollment of needy students" means an enroll

ment at an institution of higher education or a junior or community college which includes—

(1) at least 50 percent of the degree students so enrolled who are receiving needbased 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 being made (other than loans for which an interest subsidy is paid pursuant to section 1078 of this title), or

(2) a substantial percentage of students receiving Pell Grants in the second fiscal year preceding the fiscal year for which determination is being made, in comparison with the percentage of students receiving Pell Grants at all such institutions in second preceding fiscal year, unless the requirement of this subdivision is waived under section 1067(a) of this title.

(d) Full-time equivalent students

For the purpose of this part, the term "fulltime 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.

(e) Junior or community college

For the purpose of this part, the term "junior or community college" means an institution of higher education

(1) 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;

(2) that does not provide an educational program for which it awards a bachelor's degree (or an equivalent degree); and

(3) that

(A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree, or

(B) 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.

(f) Historically black college or university

For the purposes of this section, no historically black college or university which is eligible for and receives funds under part B of this subchapter is eligible for or may receive funds under this part.

(Pub. L. 89-329, title III, § 312, as added Pub. L. 99-498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1292, and amended Pub. L. 100-50, § 2(a)(2)-(6), June 3, 1987, 101 Stat. 335; Pub. L. 100-369, § 10(a), July 18, 1988, 102 Stat. 837.)

PRIOR PROVISIONS

A prior section 1058, Pub. L. 89-329, title III, § 312, as added Pub. L. 96-374, title III, § 301, Oct. 3, 1980, 94

Stat. 1391, defined terms used in this subchapter, prior to the general revision of this subchapter by Pub. L. 99-498.

AMENDMENTS

1988-Subsec. (f). Pub. L. 100-369 added subsec. (f). 1987-Subsec. (b)(1)(C), (D). Pub. L. 100-50,

§ 2(a)(2)(A), inserted "which" before "is" wherever appearing.

Subsec. (b)(1)(E). Pub. L. 100-50, § 2(a)(2)(B), inserted "which" before “has".

Subsec. (b)(1)(F). Pub. L. 100-50, § 2(a)(2)(C), inserted "which" before "meets".

Subsec. (b)(3), (5). Pub. L. 100-50, § 2(a)(3), (4), substituted "subparagraphs (A), (B), (C), and (D)" for "subparagraphs (A) and (B)".

Subsec. (c)(1). Pub. L. 100-50, § 2(a)(5), inserted "in the second fiscal year preceding the fiscal year for which the determination is being made" after "chapter 34 of title 42".

Subsec. (c)(2). Pub. L. 100-50, § 2(a)(6), substituted "fiscal year preceding the fiscal year for which determination is being made" for "preceding fiscal year" and "second preceding fiscal year" for "such fiscal year".

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1063a, 1064, 1066, 1067 of this title; title 25 sections 1616h, 1809. § 1059. Duration of grant

(a) General rule

The Secretary may award a grant to an eligible institution under this part for(1) not to exceed 3 years; (2) not to exceed 4 years; or (3) not to exceed 5 years.

(b) Prohibition

An eligible institution that is awarded a grant

(1) under paragraph (2) of subsection (a) of this section shall not be eligible to receive a grant under this part during the 4 years immediately following the period that it received such grant; and

(2) under paragraph (3) of subsection (a) of this section shall not be eligible to receive a grant under this part during the 5 years immediately following the period that it received such grant.

(c) Planning grants

Notwithstanding subsection (a) of this section, the Secretary may award a grant to an eligible institution under this part for a period of one year for the purpose of preparation of plans and applications for a grant under this part.

(Pub. L. 89-329, title III, § 313, as added Pub. L. 99-498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294.)

PRIOR PROVISIONS

A prior section 1059, Pub. L. 89-329, title III, § 313, as added Pub. L. 96-374, title III, § 301, Oct. 3, 1980, 94 Stat. 1392, provided for duration of grants under this

part, prior to the general revision of this subchapter by Pub. L. 99-498.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1069, 1969e of this title.

§ 1059a. Application review process (a) Review panel

(1) All applications submitted under part A of this subchapter by institutions of higher education shall be read by a panel of readers composed of individuals selected by the Secretary which shall include outside readers who are not employees of the Federal Government. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to that application which might impair the impartiality with which that individual conducts the review under this section.

(2) The Secretary shall take care to include as readers representatives of historically and predominantly Black colleges, Hispanic institutions, Native American colleges and universities, and institutions with substantial numbers of students who are Hispanic, Native American, Asian American, and Native American Pacific Islander (including Native Hawaiians).

(3) All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under part A of this subchapter, including

(A) explanations and examples of the types of activities referred to in section 1057(b) of this title that must receive special consideration for grants awarded under part A of this subchapter;

(B) an enumeration of the factors to be used to determine the quality of applications submitted under part A of this subchapter; and

(C) an enumeration of the factors to be used to determine whether a grant should be awarded for a project under part A of this subchapter, the amount of any such grant, and the duration of any such grant.

(b) Recommendations of panel

In awarding grants under part A of this subchapter, the Secretary shall take into consideration the recommendations of the panel established under subsection (a) of this section. (c) Notification

Not later than June 30 of each year, the Secretary shall notify each institution of higher education making an application under part A of this subchapter of—

(1) the scores given the applicant 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 or refusing to award a grant under part A of this subchapter and any modifications, if any, in the recommendations of the panel made by the Secretary. (Pub. L. 89-329, title III, § 314, as added Pub. L. 100-50, § 2(b), June 3, 1987, 101 Stat. 336.)

EFFECTIVE DATE

Section 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 an Effective Date of 1987 Amendment note under section 1001 of this title.

PART B-STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1057, 1058, 1063c, 1064, 1065, 1068, 1069, 1069a, 1069b, 1069e, 1069f of this title.

§ 1060. Findings and purposes

The Congress finds that—

(1) the historically Black colleges and universities have contributed significantly to the effort to attain equal opportunity through postsecondary education for Black, lowincome, and educationally disadvantaged Americans;

(2) States and the Federal Government have discriminated in the allocation of land and financial resources to support Black public institutions under the Morrill Act of 1862 [7 U.S.C. 301 et seq.] and its progeny, and against public and private Black colleges and universities in the award of Federal grants and contracts, and the distribution of Federal resources under this chapter and other Federal programs which benefit institutions of higher education;

(3) the current state of Black colleges and universities is partly attributable to the discriminatory action of the States and the Federal Government and this discriminatory action requires the remedy of enhancement of Black postsecondary institutions to ensure their continuation and participation in fulfilling the Federal mission of equality of educational opportunity; and

(4) financial assistance to establish or strengthen the physical plants, financial management, academic resources, and endowments of the historically Black colleges and universities are appropriate methods to enhance these institutions and facilitate a decrease in reliance on governmental financial support and to encourage reliance on endowments and private sources.

(Pub. L. 89-329, title III, § 321, as added Pub. L. 99-498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294.)

REFERENCES IN TEXT

The Morrill Act of 1862, referred to in par. (2), is act July 2, 1862, ch. 130, 12 Stat. 503, as amended, also known as the First Morrill Act, which is classified generally to subchapter I (§ 301 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 301 of Title 7 and Tables.

This chapter, referred to in par. (2), 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.

PRIOR PROVISIONS

A prior section 1060, Pub. L. 89-329, title III, § 321, as added Pub. L. 96-374, title III, § 301, Oct. 3, 1980, 94 Stat. 1393, set out purpose and grant authority for program of aiding institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99-498.

Another prior section 1060, Pub. L. 90-575, title V, § 504, Oct. 16, 1968, 82 Stat. 1062, which related to eligibility for student assistance because of conviction of crimes involving force, disruption, or seizure of property of educational institution; refusal to obey regulations or orders and disruption of administration of institution; other misconduct, disciplinary proceedings, and freedom of expression; and description of programs covered by such disqualification, was repealed by Pub. L. 92-318, title I, § 139B(b), June 23, 1972, 86 Stat. 282.

Ex. ORD. No. 12320. INCREASED PARTICIPATION BY HISTORICALLY BLACK COLleges and UNIVERSITIES IN FEDERALLY SPONSORED PROGRAMS

Ex. Ord. No. 12320, Sept. 15, 1981, 46 F.R. 46107, provided:

By the authority vested in me as President by the Constitution of the United States of America, in order to advance the development of human potential, to strengthen the capacity of historically Black colleges and universities to provide quality education, and to overcome the effects of discriminatory treatment, it is hereby ordered as follows:

SECTION 1. The Secretary of Education shall supervise annually the development of a Federal program designed to achieve a significant increase in the participation by historically Black colleges and universities in Federally sponsored programs. This program shall seek to identify, reduce, and eliminate barriers which may have unfairly resulted in reduced participation in, and reduced benefits from, Federally sponsored programs. This program will also seek to involve private sector institutions in strengthening historically Black colleges.

SEC. 2. Annually, each Executive Department and those Executive agencies designated by the Secretary of Education shall establish annual plans to increase the ability of historically Black colleges and universities to participate in Federally sponsored programs. These plans shall consist of measurable objectives of proposed agency actions to fulfill this Order and shall be submitted at such time and in such form as the Secretary of Education shall designate. In consultation with participating Executive agencies, the Secretary of Education shall undertake a review of these plans and develop an integrated Annual Federal Plan for Assistance to Historically Black Colleges for consideration by the President and the Cabinet Council on Human Resources (composed of the Vice President, the Secretaries of Health and Human Services, Agriculture, Labor, Housing and Urban Development, and Education, the Attorney General, the Counsellor to the President, and the White House Chief of Staff).

SEC. 3. Each participating agency shall submit to the Secretary of Education a mid-year progress report of its achievement of its plan and at the end of the year an Annual Performance Report which shall specify agency performance of its measurable objectives.

SEC. 4. Prior to the development of the First Annual Federal Plan, the Secretary of Education shall supervise a special review by every Executive agency of its programs to determine the extent to which historically Black colleges and universities are given an equal opportunity to participate in Federally sponsored programs. This review will examine unintended regulatory barriers, determine the adequacy of the announcement of programmatic opportunities of interest to these colleges, and identify ways of eliminating inequities and disadvantages.

SEC. 5. The Secretary of Education shall ensure that each president of a historically Black college or uni

versity is given the opportunity to comment on the proposed Annual Federal Plan prior to its consideration by the President, the Vice President, and the Cabinet Council on Human Resources.

SEC. 6. The Secretary of Education, to the extent permitted by law, shall stimulate initiatives by private sector businesses and institutions to strengthen historically Black colleges and universities, including efforts to further improve their management, financial structure, and research.

SEC. 7. The Secretary of Education shall submit to the President, the Vice President, and the Cabinet Council on Human Resources an Annual Federal Performance Report on Executive Agency Actions to Assist Historically Black Colleges. The report shall include the performance appraisals of agency actions during the preceding year to assist historically Black colleges and universities. The report will also include any appropriate recommendations for improving the Federal response directed by this Order.

SEC. 8. The special review provided for in Section 4 shall take place not later than November 1, 1981. Participating Executive agencies shall submit their annual plans to the Secretary of Education not later than January 15, 1982. The first Annual Federal Plan for Assistance to Historically Black Colleges developed by the Secretary of Education shall be ready for consideration by the President, the Vice President, and the Cabinet Council on Human Resources not later than March 31, 1982.

SEC. 9. Executive Order No. 12232 of August 8, 1980, is revoked.

RONALD REAGAN.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1061 of this title.

§ 1061. Definitions

For the purpose of this part:

(1) The term "graduate" means an individual who has attended an institution for at least three semesters and fulfilled academic requirements for undergraduate studies in not more than 5 consecutive school years.

(2) The term "part B institution" means any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation,,1 except that any branch campus of a southern institution of higher education that prior to September 30, 1986, received a grant as an institution with special needs under section 1060 of this title and was formally recognized by the National Center for Education Statistics as a Historically Black College or University but was determined not to be a part B institution on or after October 17, 1986, shall, from July 18, 1988, be considered a part B institution.

(3) The term "Pell Grant recipient" means a recipient of financial aid under subpart 1 of part A of subchapter IV of this chapter.

(4) The term "professional and academic areas in which Blacks are underrepresented"

1 So in original.

shall be determined by the Secretary and the Commissioner of the Bureau of Labor Statistics, on the basis of the most recent available satisfactory data, as professional and academic areas in which the percentage of Black Americans who have been educated, trained, and employed is less than the percentage of Blacks in the general population.

(5) The term "school year" means the period of 12 months beginning July 1 of any calendar year and ending June 30 of the following calendar year.

(Pub. L. 89-329, title III, § 322, as added Pub. L. 99-498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294, and amended Pub. L. 100-369, § 10(c), July 18, 1988, 102 Stat. 838.)

PRIOR PROVISIONS

A prior section 1061, Pub. L. 89-329, title III, § 322, as added Pub. L. 96-374, title III, § 301, Oct. 3, 1980, 94 Stat. 1393, defined terms used in this part, prior to the general revision of this subchapter by Pub. L. 99-498. Another prior section 1061, Pub. L. 89-329, title IV, § 401, Nov. 8, 1965, 79 Stat. 1232; Pub. L. 90-575, title I, § 101(a), (b)(1), Oct. 16, 1968, 82 Stat. 1017; Pub. L. 91-95, § 4, Oct. 22, 1969, 83 Stat. 143; Pub. L. 92-318, title I, § 131(a)(1)(A), June 23, 1972, 86 Stat. 247, related to statement of purpose and authorization of appropriations for educational opportunity grants, prior to the general revision of part A of subchapter IV of this chapter by Pub. L. 92-318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247.

AMENDMENTS

1988-Par. (2). Pub. L. 100-369 inserted ",, except that any branch campus of a southern institution of higher education that prior to September 30, 1986, received a grant as an institution with special needs under section 1060 of this title and was formally recognized by the National Center for Education Statistics as a Historically Black College or University but was determined not to be a part B institution on or after October 17, 1986, shall, from July 18, 1988, be considered a part B institution" after "accreditation".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 1809.

§ 1062. Grants to institutions

(a) General authorization; uses of funds

From amounts available under section 1069f(a)(2) of this title in any fiscal year the Secretary shall make grants (under section 1063 of this title) to institutions which have applications approved by the Secretary (under section 1063a of this title) for any of the following

uses:

(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.

(2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities.

(3) Support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in their field of instruction.

(4) Academic instruction in disciplines in which Black Americans are underrepresented. (5) Purchase of library books, periodicals, microfilm, and other educational materials.

(6) Tutoring, counseling, and student service programs designed to improve academic

success.

(7) Funds and administrative management, and acquisition of equipment for use in strengthening funds management.

(8) Joint use of facilities, such as laboratories and libraries.

(b) Limitations

(1) No grant may be made under this chapter for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. For the purpose of this subsection, the term "school or department of divinity" means an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects.

(2) Not more than 50 percent of the allotment of any institution may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.

(Pub. L. 89-329, title III, § 323, as added Pub. L. 99-498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1295, and amended Pub. L. 100-50, § 2(a)(7), June 3, 1987, 101 Stat. 335; Pub. L. 100-369, § 10(b), July 18, 1988, 102 Stat. 838.)

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.

PRIOR PROVISIONS

A prior section 1062, Pub. L. 89-329, title III, § 323, as added Pub. L. 96-374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395, provided for duration of grants to institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99-498.

Another prior section 1062, Pub. L. 89-329, title IV, § 402, Nov. 8, 1965, 79 Stat. 1232; Pub. L. 90-575, title I, § 102, Oct. 16, 1968, 82 Stat. 1017, related to determination of amount of grant and establishment of basic criteria or schedules, prior to the general revision of part A of subchapter IV of this chapter by Pub. L. 92-318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247.

AMENDMENTS

1988-Subsec. (a)(3). Pub. L. 100-369, § 10(b)(1), inserted", and faculty development" after "exchanges". Subsec. (a)(7), (8). Pub. L. 100-369, § 10(b)(2), added pars. (7) and (8).

1987-Subsec. (a). Pub. L. 100-50 substituted "section 1069f(a)(2) of this title" for "section 1069d(a)(2) 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1063a, 1063b, 1066, 1068, 1069 of this title.