Title 34—Education--Volume 1
PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM
§ 609.1   What is the Strengthening Historically Black Graduate Institutions Program?
The Strengthening Historically Black Graduate Institutions Program provides grants to the institutions listed in § 609.2 to assist these institutions in establishing and strengthening their physical plants, development offices, endowment funds, academic resources and student services so that they may continue to participate in fulfilling the goal of equality of educational opportunity in graduate education.
§ 609.2   What institutions are eligible to receive a grant under this part?
(a) An institution or an institution's qualified graduate program listed in paragraph (b) of this section is eligible to receive a grant under this part if the Secretary determines that the institution is making a substantial contribution to legal, medical, dental, veterinary or other graduate education opportunities for Black Americans.
(b) The institutions and programs referred to in paragraph (a) of this section are—
(1) Morehouse School of Medicine;
(2) Meharry Medical School;
(3) Charles R. Drew Postgraduate Medical School;
(4) Clark Atlanta University;
(5) Tuskegee Institute School of Veterinary Medicine;
(6) Xavier University School of Pharmacy;
(7) Southern University School of Law;
(8) Texas Southern University School of Law and School of Pharmacy;
(9) Florida A&M University School of Pharmaceutical Sciences;
(10) North Carolina Central University School of Law;
(11) Morgan State University's qualified graduate program;
(12) Hampton University's qualified graduate program;
(13) Alabama A&M's qualified graduate program;
(14) North Carolina A&T State University's qualified graduate program;
(15) University of Maryland Eastern Shore's qualified graduate program; and
(16) Jackson State University's qualified graduate program.
(c) An institution that was awarded a grant prior to October 1, 1992 may continue to receive grant payments, regardless of the eligibility of the graduate institutions described in paragraphs (b)(6) through (16) of this section, until the institution's grant period has expired or September 30, 1993, whichever is later.
(d) No institution of higher education or university system may receive more than one grant under this section in any fiscal year.
§ 609.3   What regulations apply?
The following regulations apply to this part:
(a) The Department of Education General Administrative Regulations (EDGAR) as follows:
(1) [Reserved]
(2) The following sections of 34 CFR part 75 (Direct Grant Programs): §§ 75.1-75.104, 75.125-75.129, 75.190-75.192, 75.230-75.261, 75.500, 75.510-75.519, 75.524-75.534, 75.580-75.903, and 75.901;
(3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(5) 34 CFR part 82 (New Restrictions on Lobbying).
(6) [Reserved]
(7) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 609.
(c)(1) 2 CFR part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485; and
(2) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474.
§ 609.4   What definitions apply?
(a) General definitions. The following terms used in this part are defined in 2 CFR part 200, subpart A, or 34 CFR 77.1:
(b) The following definition applies to a term used in this part:
Qualified graduate program means a graduate or professional program that—
(i) Provides a program of instruction in the physical or natural sciences, engineering, mathematics, or other scientific disciplines in which African Americans are underrepresented;
(ii) Has been accredited or approved by a nationally recognized accrediting agency or association. (The Secretary publishes a list in the Federal Register of nationally recognized accrediting agencies and associations.); and
(iii) Has students enrolled in that program when the institution offering the program applies for a grant under this part.
§ 609.10   What activities may be carried out under a grant?
(a) Allowable activities. Except as provided in paragraph (b) of this section, a grantee may carry out the following activities under this part—
(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional or research purposes;
(2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services;
(3) Support of faculty exchanges, faculty development and faculty fellowships to assist these faculty members in attaining advanced degrees in their fields of instruction;
(4) Academic instruction in disciplines in which Black Americans are underrepresented;
(5) Purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program 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;
(9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector;
(10) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program preparation for teacher certification;
(11) Establishing community outreach programs that will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education;
(12) Other activities that it proposes in its application that contribute to carrying out the purpose of this part and are approved by the Secretary;
(13) Establishing or improving a development office to strengthen and increase contributions from alumni and the private sector; and
(14) Establishing and maintaining an institutional endowment under 34 CFR part 628 to facilitate financial independence.
(b) Unallowable activities. A grantee may not carry out the following activities under this part—
(1) Activities that are not included in the grantee's approved application;
(2) Activities described in paragraph (a)(12) of this section that are not approved by the Secretary;
(3) Activities that are inconsistent with any State plan of higher education that is applicable to the institution;
(4) Activities that are inconsistent with a State plan for desegregation of higher education that is applicable to the institution;
(5) Activities or services that constitute religious instruction, religious worship, or proselytization.
(6) Activities provided by a school or department of divinity. For the purpose of this provision, a “school or department of divinity” means an institution, or a department of an institution, whose program is solely to prepare students to become ministers of religion or to enter into some other religious vocation.
(c) No award under this part may be used for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of the Communications Act of 1934.
§ 609.11   What is the duration of a grant?
The Secretary may award a grant under this part for a period of up to five academic years.
§ 609.12   Severability.
If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby.
§ 609.20   What are the application requirements for a grant under this part?
In order to receive a grant under this part, an institution must submit an application to the Secretary at such time and in such manner as the Secretary may prescribe. The application must contain—
(a) A description of the activities to be carried out with grant funds and how those activities will improve graduate educational opportunities for Black and low-income students and lead to greater financial independence for the applicant;
(b) A description of how the applicant is making a substantial contribution to the legal, medical, dental, veterinary or other graduate education opportunities for Black Americans;
(c) An assurance from each applicant requesting in excess of $500,000 that 50 percent of the costs of all the activities to be carried out under the grant will come from non-Federal sources;
(d) A description of how the grant funds will be used so that they will supplement, and to the extent practical, increase the funds that would otherwise be made available for the activities to be carried out under the grant and in no case supplant those funds, for the activities described in § 609.10(a)(1) through § 609.10(a)(14);
(e) An assurance that the proposed activities in the application are in accordance with any State plan that is applicable to the institution; and
(f)(1) A comprehensive development plan as described in § 609.21; or
(2) If an applicant has already submitted a comprehensive development plan as described in § 609.21, a description of the progress the applicant has made in carrying out the goals of its plan.
§ 609.21   What is a comprehensive development plan and what must it contain?
(a) A comprehensive development plan must describe an institution's strategy for achieving growth and self-sufficiency by strengthening its—
(1) Financial management;
(2) Academic programs; and
(b) The comprehensive development plan must include the following:
(1) An assessment of the strengths and weaknesses of the institution's financial management and academic programs.
(2) A delineation of the institution's goals for its financial management and academic programs, based on the outcomes of the assessment described in paragraph (b)(1) of this section.
(3) A listing of measurable objectives designed to assist the institution to reach each goal with accompanying timeframes for achieving the objectives.
(4) A description of methods, processes and procedures that will be used by the college or university to institutionalize financial management and academic program practices and improvements developed under the proposed funded activities.
§ 609.30   What is the procedure for approving and disapproving grant applications?
The Secretary approves any application that satisfies the requirements of §§ 609.10 and 609.20.
§ 609.31   How does the Secretary determine the amount of a grant?
Of the amount appropriated for any fiscal year—
(a)(1) The first $12,000,000 (or any lesser amount appropriated) shall be available only for the purpose of making grants to institutions or programs described in § 609.2(b)(1) through § 609.2(b)(5);
(2) If the sum of the approved applications does not exceed the amount appropriated, the Secretary awards grants in the amounts requested and approved;
(3) If the sum of the approved requests exceeds the sum appropriated, and Morehouse School of Medicine submits an approved request for at least $3,000,000, and the amount appropriated exceeds $3,000,000, the Secretary awards no less than $3,000,000 to Morehouse School of Medicine and reduces the grants to the institutions described in § 609.2(b)(1) through § 609.2(b)(5) as the Secretary considers appropriate, so that the sum of the approved grants equals the amount appropriated; and
(4) If Morehouse School of Medicine submits an approved request for at least $3,000,000 and the amount appropriated does not exceed $3,000,000, Morehouse School of Medicine receives all the appropriated funds; and
(b)(1) Any amount appropriated in excess of $12,000,000 shall be available for the purpose of making grants, in equal amounts not to exceed $500,000, to institutions or programs described in § 609.2(b)(6) through § 609.2(b)(16); and
(2) If any funds remain, the Secretary makes grants to institutions or programs described in § 609.2(b)(1) through § 609.2(b)(16).
§ 609.40   What are the matching requirements?
If an institution receives a grant in excess of $500,000, it must spend non-Federal funds to meet the cost of at least 50 percent of the activities approved in its application.
§ 609.41   What are allowable costs and what are the limitations on allowable costs?
(a) Allowable costs. Except as provided in paragraphs (b) and (c) of this section, a grantee may expend grant funds for activities that are reasonably related to carrying out the allowable activities included in its approved application.
(b) Supplement and not supplant. A grantee shall use grant funds so that they supplement, and to the extent practical, increase the funds that would otherwise be available for the activities to be carried out under the grant, and in no case supplant those funds.
(c) Limitations on allowable costs. A grantee may not—
(1) Spend more than fifty percent of its grant award in each fiscal year for costs relating to constructing or maintaining a classroom, library, laboratory, or other instructional facility; and
(2) Use an indirect cost rate to determine allowable costs under its grant.
§ 609.42   What are the audit and repayment requirements?
(a)(1) A grantee shall provide for the conduct of a compliance and financial audit of any funds it receives under this part by a qualified, independent organization or person in accordance with the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, 1981 revision, established by the Comptroller General of the United States. This publication is available from the Superintendent of Documents, U.S. Government Printing Office.
(2) The grantee shall have an audit conducted at least once every two years, covering the period since the previous audit, and the grantee shall submit the audit to the Secretary.
(3) If a grantee is audited under chapter 75 of title 31 of the United States Code, the Secretary considers that audit to satisfy the requirements of paragraph (a)(1) of this section.
(b) An institution awarded a grant under this part must submit to the Department of Education Inspector General three copies of the audit required in paragraph (a) of this section within six months after completion of the audit.
(c) Any individual or firm conducting an audit described in this section shall give the Department of Education's Inspector General access to records or other documents necessary to review the results of the audit.
(d) A grantee shall repay to the Treasury of the United States any grant funds it received that it did not expend or use to carry out the allowable activities included in its approved application within ten years following the date of the initial grant it received under this part.
§ 609.43   Under what conditions does the Secretary terminate a grant?
The Secretary terminates any grant under which funds were not expended if an institution loses—
(a) Its accredited status; or
(b) Its legal authority in the State in which it is located.