Title 20
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Title 20—EDUCATION
Current through 117-49

Chap.

Sec.

1.Office of Education [Repealed]1

2.Teaching of Agricultural, Trade, Home Economics, and Industrial Subjects [Repealed or Omitted]11

3.Smithsonian Institution, National Museums and Art Galleries41

4.National Zoological Park81

5.Government Collections and Institutions for Research, and Material for Educational Institutions91

6.American Printing House for the Blind101

6A.Vending Facilities for Blind in Federal Buildings107

7.Instruction as to Nature and Effect of Alcoholic Drinks and Narcotics111

8.Howard University121

9.National Training School for Boys [Omitted]131

10.National Training School for Girls [Omitted]161

11.National Arboretum191

12.Foreign and Exchange Students221

13.Financial Assistance to Local Educational Agencies [Omitted or Repealed]231

14.School Construction in Areas Affected by Federal Activities [Transferred to Chapter 19]251

15.Studies and Research on Problems in Education [Omitted or Repealed]331

16.Public Library Services and Construction [Repealed]351

17.National Defense Education Program [Omitted or Repealed]401

18.Grants for Teaching in the Education of Handicapped Children [Repealed]611

18A.Early Education Programs for Handicapped Children [Repealed]621

19.School Construction in Areas Affected by Federal Activities [Repealed]631

20.Grants for Teaching in the Education of the Deaf [Omitted]671

20A.National Technical Institute for the Deaf [Repealed or Transferred]681

20B.Gallaudet College [Repealed or Transferred]691

21.Higher Education Facilities [Omitted or Repealed]701

22.National Council on the Arts [Repealed]781

23.Training and Fellowship Programs for Community Development801

24.Grants for Educational Materials, Facilities and Services, and Strengthening of Educational Agencies [Omitted, Repealed, or Transferred]821

25.Pay and Personnel Program for Overseas Teachers901

25A.Overseas Defense Dependents’ Education921

26.Support and Scholarship in Humanities and Arts; Museum Services951

26A.Indemnity for Exhibitions of Arts and Artifacts971

27.National Vocational Student Loan Insurance [Repealed]981

28.Higher Education Resources and Student Assistance1001

29.International Studies and Research [Omitted or Repealed]1171

30.Basic Education for Adults [Repealed]1201

31.General Provisions Concerning Education1221

32.Vocational Education [Omitted or Repealed]1241

33.Education of Individuals With Disabilities1400

34.National Commission on Libraries and Information Science [Repealed]1501

35.Environmental Education [Omitted]1531

36.Emergency School Aid [Repealed]1601

37.Assignment or Transportation of Students1651

38.Discrimination Based on Sex or Blindness1681

39.Equal Educational Opportunities and Transportation of Students1701

40.Consolidation of Education Programs [Omitted, Repealed, or Transferred]1801

41.National Reading Improvement Program [Repealed]1901

42.Harry S Truman Memorial Scholarships2001

43.American Folklife Preservation2101

44.Career and Technical Education2301

45.Career Education and Career Development2501

46.Career Education Incentive [Repealed or Omitted]2601

47.Strengthening and Improvement of Elementary and Secondary Schools [Omitted, Transferred, or Repealed]2701

48.Department of Education3401

49.Asbestos School Hazard Detection and Control3601

50.National Center for the Study of Afro-American History and Culture3701

51.Elementary and Secondary Education Block Grant [Repealed]3801

52.Education for Economic Security3901

53.Emergency Immigrant Education Assistance [Repealed]4101

54.Leadership in Educational Administration [Repealed]4201

55.Education of the Deaf4301

56.American Indian, Alaska Native, and Native Hawaiian Culture and Art Development4401

57.James Madison Memorial Fellowship Program4501

58.Drug-Free Schools and Communities [Repealed or Transferred]4601

59.Barry Goldwater Scholarship and Excellence in Education Program4701

60.Fund for the Improvement and Reform of Schools and Teaching [Repealed]4801

61.Education for Native Hawaiians [Repealed]4901

62.Education and Training for American Competitiveness [Repealed]5001

63.Eisenhower Exchange Fellowship Program5201

64.Excellence in Mathematics, Science, and Engineering Education [Repealed]5301

65.National Environmental Education5501

66.Morris K. Udall and Stewart L. Udall Foundation5601

67.Christopher Columbus Fellowship Foundation [Repealed]5701

68.National Education Reform5801

69.School-to-Work Opportunities [Omitted]6101

70.Strengthening and Improvement of Elementary and Secondary Schools6301

71.National Education Statistics [Repealed or Transferred]9001

72.Museum and Library Services9101

73.Adult Education and Literacy [Repealed]9201

74.Troops-to-Teachers Program9301

75.Early Learning Opportunities9401

76.Education Research, Statistics, Evaluation, Information, and Dissemination9501

77.Financial Literacy and Education Improvement9701

78.Science, Technology, Engineering, Mathematics, and Critical Foreign Language Education9801

79.STEM-Training Grant Program9901

80.State Fiscal Stabilization Fund10001

CHAPTER 1—OFFICE OF EDUCATION
§§ 1, 2. Repealed. Pub. L. 92–318, title III, § 301(b)(2)(A), June 23, 1972, 86 Stat. 332

Section 1, R.S. § 516, established Office of Education and provided for purpose and duties of Office.

Section 2, R.S. § 517, provided for appointment of a Commissioner of Education to manage Office of Education.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 92–318, title III, § 301(b)(2)(A), June 23, 1972, 86 Stat. 332, provided that the repeal is effective July 1, 1972.

Executive Documents

Executive Order No. 11185
Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex. Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661, Mar. 24, 1972, 37 FR 6281, which provided for the coordination of federal education programs, was superseded by Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, formerly set out under section 1221 of this title.

§ 2a. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 647

Section, act May 26, 1930, ch. 330, 46 Stat. 384, provided for appointment of an Assistant Commissioner of Education.

§§ 3, 4. Repealed. Pub. L. 91–230, title IV, § 401(d)(1), (2), Apr. 13, 1970, 84 Stat. 173

Section 3, act May 28, 1896, ch. 252, § 1, 29 Stat. 171; Reorg. Plan No. I of 1939, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; Reorg. Plan No. 1 of 1953, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, provided for publication of a bulletin of Office of Education respecting condition of higher education, technical and industrial education, compulsory school attendance, and other domestic and foreign education topics, and provided for a one edition issue of 12,500 copies, chargeable to allotment for printing and binding of the Department of Health, Education, and Welfare.

Section 4, R.S. § 518, directed Commissioner of Education to present an annual report to Congress.

§ 5. Repealed. Oct. 31, 1951, ch. 654, § 1(36), 65 Stat. 702

Section, R.S. § 519; acts Feb. 26, 1925, ch. 339, § 3, 43 Stat. 983; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380, required Administrator of General Services to furnish proper offices for use of Office of Education.

§ 6. Repealed. Pub. L. 91–230, title IV, § 401(d)(3), Apr. 13, 1970, 84 Stat. 173

Section, Pub. L. 90–576, title III, § 303(a)–(d), Oct. 16, 1968, 82 Stat. 1095, related to collection and dissemination of information, providing in subsec. (a) for duties of Commissioner of Education, subsec. (b) for counseling and technical assistance in rural areas, in subsec. (c) for preparation and availability of catalog of Federal education assistance programs, and subsec. (d) for authorization of appropriations.

CHAPTER 2—TEACHING OF AGRICULTURAL, TRADE, HOME ECONOMICS, AND INDUSTRIAL SUBJECTS
§§ 11 to 14. Repealed. Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111 Stat. 653

Section 11, acts Feb. 23, 1917, ch. 114, § 1, 39 Stat. 929; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, related to annual appropriations for payments to States for teaching agricultural, trade, home economics, and industrial subjects.

Section 12, acts Feb. 23, 1917, ch. 114, § 2, 39 Stat. 930; July 12, 1960, Pub. L. 86–624, § 14(b)(2), 74 Stat. 414, appropriated money for salaries of teachers, supervisors, and directors of agricultural subjects.

Section 13, act Feb. 23, 1917, ch. 114, § 3, 39 Stat. 930, appropriated money for salaries of teachers of trade, home economics, and industrial subjects.

Section 14, acts Feb. 23, 1917, ch. 114, § 4, 39 Stat. 931; June 25, 1959, Pub. L. 86–70, § 18(b)(1), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, § 14(b)(2), 74 Stat. 414, appropriated money for preparation of teachers, supervisors, and directors of agricultural subjects and teachers of trade, industrial, and home economics.

Statutory Notes and Related Subsidiaries
Short TitleAct June 8, 1936, ch. 541, § 2, 49 Stat. 1488, as amended by act Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 775, provided that the act of Feb. 23, 1917, ch. 114, 39 Stat. 929 (enacting sections 11 to 15 and 16 to 28 of this title), was to be known as the Smith-Hughes Vocational Education Act. The 1917 act was also known as the Vocational Education Act of 1917.
The act of June 8, 1936, ch. 541, 49 Stat. 1488 (enacting sections 15i to 15ggg of this title), which was repealed by Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091, was known as the Vocational Education Act of 1946.
Pub. L. 87–22, § 1, Apr. 24, 1961, 75 Stat. 44, provided that Pub. L. 87–22 (amending sections 15aa, 15bb, 15cc, and 15jj of this title) could be cited as “The Practical Nurse Training Extension Act of 1961”.

§§ 15 to 15g. Omitted
Editorial Notes
Codification
Section 15 was comprised of provisions of act Feb. 23, 1917, ch. 114, § 7, 39 Stat. 933; Ex. Ord. No. 6166, § 15, June 10, 1933; June 26, 1934, ch. 756, § 2, 48 Stat. 1225; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, which authorized appropriations of $200,000 annually to the Department of Education for studies, investigations and reports and paying salaries of personnel necessary to administer this chapter, and act Oct. 6, 1917, ch. 79, § 1, 40 Stat. 345, which authorized use of that appropriation also for printing and binding, law books, books of reference and periodicals, and postage on foreign mail. Section 7 of act Feb. 23, 1917, was repealed by Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111 Stat. 653.
Sections 15a to 15c, act Feb. 5, 1929, ch. 153, §§ 1–3, 45 Stat. 1151, appropriated money to be used for further development of vocational education in States and Territories but appropriations were authorized for only four years after the fiscal year ending June 30, 1930.
Sections 15d to 15g, act May 21, 1934, ch. 324, §§ 1–4, 48 Stat. 792, provided for further development of vocational education in several States and Territories by authorizing additional appropriations for the fiscal years 1935–37.
Act June 8, 1936, ch. 541, § 7, 49 Stat. 1490, incorporated in section 15o of this title, provided that appropriations authorized by act June 8, 1936, incorporated in sections 15h to 15p of this title, “shall be in lieu thereof and not in addition to the appropriations authorized in” sections 1 and 2 of act May 21, 1934.

§§ 15h to 15m. Repealed. Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091

Section 15h, acts June 8, 1936, ch. 541, § 1, 49 Stat. 1488; Aug. 1, 1946, ch. 725, § 1, 60 Stat. 775, provided for a popular name. Subject matter of section prior to its amendment related to the development of vocational education in States and Territories, appropriations and their allotment, and matching of funds by States and Territories, and was replaced by sections 15j and 15k of this title.

Section 15i, acts June 8, 1936, ch. 541, § 2, 49 Stat. 1488; Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 775; Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925; June 25, 1959, Pub. L. 86–70, § 18(b)(2), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, § 14(b)(3), 74 Stat. 414, defined “States and Territories”, “State plan”, “State board”, and “Smith-Hughes Vocational Education Act”.

Section 15j, acts June 8, 1936, ch. 541, § 3, 49 Stat. 1489; Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 775; Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925; Aug. 8, 1956, ch. 1039, § 2, 70 Stat. 1126, authorized appropriations for programs in vocational education in agriculture, home economics, trades and industry, distributive occupations, and fishery trades.

Section 15k, acts June 8, 1936, ch. 541, § 4, 49 Stat. 1489; Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 776; Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925, required that Federal funds be matched by State and local funds in order to receive benefits of section 15i et seq. of this title.

Section 15l, acts June 8, 1936, ch. 541, § 5, 49 Stat. 1489; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 776; Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925, provided for method of payment of funds to which the State or Territory was entitled under section 15i et seq. of this title.

Section 15m, acts June 8, 1936, ch. 541, § 6, 49 Stat. 1489; Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 777; Aug. 2, 1956, ch. 871, title, III, § 301, 70 Stat. 925, made funds available for salary and expenses of State directors.

For general subject matter of sections 15i to 15m, see section 1241 et seq. of this title.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091, provided that the repeal is effective July 1, 1969.

§ 15n. Omitted

Section, act June 8, 1936, ch. 541, § 6a, 49 Stat. 1490, limited expenditures on industrial plant training and was omitted in the amendment of act June 8, 1936 by act Aug. 1, 1946, ch. 725, 60 Stat. 775.

§§ 15o to 15q. Repealed. Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091

Section 15o, acts June 8, 1936, ch. 541, § 7, 49 Stat. 1490; Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 777; Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925, made the Smith-Hughes Vocational Education Act applicable to the development of vocational education.

Section 15p, acts June 8, 1936, ch. 541, § 8, 49 Stat. 1490; Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 777; Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925, required that industrial-plant training be bona-fide vocational training and that no more than 10 percent be used for the purchase or acquisition of equipment.

Section 15q, act June 8, 1936, ch. 541, § 9, as added Aug. 1, 1946, ch. 725, title I, § 101, 60 Stat. 777; amended Reorg. Plan No. 1 of 1953, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925, authorized appropriations for Office of Education.

For general subject matter of sections 15o to 15q, see section 1241 et seq. of this title.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091, provided that the repeal is effective July 1, 1969.

§§ 15aa to 15jj. Repealed. Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091

Section 15aa, act Aug. 1, 1946, ch. 725, title II, § 201, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 925; amended Apr. 24, 1961, Pub. L. 87–22, § 2, 75 Stat. 44; Dec. 18, 1963, Pub. L. 88–210, § 11(a)(1), 77 Stat. 411, authorized an appropriation for grants to States with State plans for practical nurse training.

Section 15bb, act Aug. 1, 1946, ch. 725, title II, § 202, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 926; amended Apr. 24, 1961, Pub. L. 87–22, § 3, 75 Stat. 44; Dec. 18, 1963, Pub. L. 88–210, § 11(a)(2), 77 Stat. 411, provided for grants to States for practical nurse training.

Section 15cc, act Aug. 1, 1946, ch. 725, title II, § 203, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 926; amended Apr. 24, 1961, Pub. L. 87–22, § 4, 75 Stat. 44, set out requirements for State plans under sections 15aa to 15jj of this title.

Section 15dd, act Aug. 1, 1946, ch. 725, title II, § 204, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 927, set out method of making and computing payments to States.

Section 15ee, act Aug. 1, 1946, ch. 725, title II, § 205, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 927, set out duties and authority of Commissioner in carrying out sections 15aa to 15jj of this title.

Section 15ff, act Aug. 1, 1946, ch. 725, title II, § 206, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928, authorized appointment of advisory committees by Commissioner.

Section 15gg, act Aug. 1, 1946, ch. 725, title II, § 207, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928, provided that amounts paid under sections 15aa to 15jj of this title should in no way affect the availability of funds for practical nurse training under sections 11 to 15, 16, and 18 to 28 and sections 15i to 15m and 15o to 15q of this title.

Section 15hh, act Aug. 1, 1946, ch. 725, title II, § 208, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928, required Commissioner to submit an annual report on administration of sections 15aa to 15jj of this title.

Section 15ii, act Aug. 1, 1946, ch. 725, title II, § 209, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928, authorized appropriation of funds necessary to administer sections 15aa to 15jj of this title.

Section 15jj, act Aug. 1, 1946, ch. 725, title II, § 210, as added Aug. 2, 1956, ch. 871, title III, § 301, 70 Stat. 928; amended June 25, 1959, Pub. L. 86–70, § 18(b)(3), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, § 14(b)(4), 74 Stat. 414; Apr. 24, 1961, Pub. L. 87–22, § 5, 75 Stat. 44, defined terms as used in sections 15aa to 15jj of this title.

For general subject matter of sections 15aa to 15jj, see section 1241 et seq. of this title.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091, provided that the repeal is effective July 1, 1969.

§§ 15aaa to 15ggg. Repealed. Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091

Section 15aaa, act Aug. 1, 1946, ch. 725, title III, § 301, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, § 802, 72 Stat. 1597; amended Oct. 3, 1961, Pub. L. 87–344, title II, § 207, 75 Stat. 760; Dec. 18, 1963, Pub. L. 88–210, § 11(b), 77 Stat. 411, authorized an appropriation of $15,000,000 annually for area vocational education programs.

Section 15bbb, act Aug. 1, 1946, ch. 725, title III, § 302, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, § 802, 72 Stat. 1598, covered allotment of funds appropriated under section 15aaa of this title.

Section 15ccc, act Aug. 1, 1946, ch. 725, title III, § 303, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, § 802, 72 Stat. 1598, set out conditions which States had to fulfill to qualify for payments.

Section 15ddd, act Aug. 1, 1946, ch. 725, title III, § 304, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, § 802, 72 Stat. 1599, set out requirements of programs under sections 15aaa to 15ggg of this title.

Section 15eee, act Aug. 1, 1946, ch. 725, title III, § 305, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, § 802, 72 Stat. 1599, covered additional State plan requirements for eligibility under sections 15aaa to 15ggg of this title.

Section 15fff, act Aug. 1, 1946, ch. 725, title III, § 306, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, § 802, 72 Stat. 1600, authorized appropriations to administer sections 15aaa to 15ggg of this title.

Section 15ggg, act Aug. 1, 1946, ch. 725, title III, § 307, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, § 802, 72 Stat. 1600; amended June 25, 1959, Pub. L. 86–70, § 18(b)(3), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, § 14(b)(4), 74 Stat. 414, defined terms as used in sections 15aaa to 15ggg of this title.

For general subject matter of sections 15aaa to 15ggg, see section 1241 et seq. of this title.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091, provided that the repeal is effective July 1, 1969.

§ 16. Repealed. Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111 Stat. 653

Section, acts Feb. 23, 1917, ch. 114, § 5, 39 Stat. 931; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, provided for State acceptance of appropriations provided by sections 11 to 14 of this title and provided for creation of State boards.

§ 17. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643

Section, act Feb. 23, 1917, ch. 114, § 6, 39 Stat. 932, created a Federal Board for Vocational Education, and provided for appointments, salary, powers and duties.

§§ 18 to 27. Repealed. Pub. L. 105–33, title VI, § 6201, Aug. 5, 1997, 111 Stat. 653

Section 18, acts Feb. 23, 1917, ch. 114, § 8, 39 Stat. 933; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, required State boards to submit plans and reports to Department of Education.

Section 19, acts Feb. 23, 1917, ch. 114, § 9, 39 Stat. 933; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, related to use of appropriations for salaries of teachers, supervisors, and directors of agricultural subjects and of teachers of trade, home economics, and industrial subjects and to requirement for State and local matching funds.

Section 20, acts Feb. 23, 1917, ch. 114, § 10, 39 Stat. 934; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, related to State use of appropriations for salaries of teachers, supervisors, and directors of agricultural subjects under an approved plan of supervision for the State.

Section 21, acts Feb. 23, 1917, ch. 114, § 11, 39 Stat. 934; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, related to State use of appropriations for salaries of teachers of trade, home economics, and industrial subjects under an approved plan of supervision for the State.

Section 22, acts Feb. 23, 1917, ch. 114, § 12, 39 Stat. 935; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, related to additional requirements for State plan of supervision in order for State to use appropriations under this chapter.

Section 23, act Feb. 23, 1917, ch. 114, § 13, 39 Stat. 935, related to State custodians of funds appropriated under this chapter.

Section 24, acts Feb. 23, 1917, ch. 114, § 14, 39 Stat. 935; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, provided for Department of Education supervision of State expenditures and for quarterly payments to States.

Section 25, acts Feb. 23, 1917, ch. 114, § 15, 39 Stat. 936; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, provided for deductions from allotments when preceding allotments have not been expended for the purposes provided in this chapter.

Section 26, acts Feb. 23, 1917, ch. 114, § 16, 39 Stat. 936; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, provided for withholding of allotments and right to appeal withholdings.

Section 27, act Feb. 23, 1917, ch. 114, § 17, 39 Stat. 936, provided for State replacement of lost funds and for limitations on use of funds.

§ 28. Repealed. Pub. L. 104–66, title I, § 1041(e), Dec. 21, 1995, 109 Stat. 715

Section, acts Feb. 23, 1917, ch. 114, § 18, 39 Stat. 936; Ex. Ord. No. 6166, § 15, June 10, 1933; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, § 301, title V, § 507, 93 Stat. 677, 692, directed Department of Education to report annually to Congress on administration of this chapter, including reports made by State boards and expenditure of money allotted to each State.

§ 29. Repealed. Pub. L. 86–624, § 14(b)(1), July 12, 1960, 74 Stat. 413

Section, act Mar. 10, 1924, ch. 46, § 4, 43 Stat. 18, extended benefits of chapter to Territory of Hawaii.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 86–624, § 47(c), July 12, 1960, 74 Stat. 423, provided that: “The amendment made by paragraphs (1) and (2) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 14 [amending sections 12, 14, and 238 of this title and repealing this section] shall be applicable in the case of fiscal years beginning after June 30, 1960.”

§§ 30 to 34. Repealed. Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091

Section 30, acts Mar. 3, 1931, ch. 404, § 1, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, extended to Puerto Rico the benefits of sections 11–15, 16, and 18–28 of this title.

Section 31, act Mar. 18, 1950, ch. 71, § 1, 64 Stat. 27, extended to Virgin Islands the benefits of Vocational Education Act of 1946 (sections 15i to 15m, 15o to 15q, 15aa to 15jj, and 15aaa to 15ggg of this title).

Section 32, act Mar. 18, 1950, ch. 71, § 2, 64 Stat. 27; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, authorized distribution of funds to Virgin Islands.

Section 33, act Mar. 18, 1950, ch. 71, § 3, 64 Stat. 27; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set conditions governing use and payment of funds in Virgin Islands.

Section 34, act Aug. 1, 1956, ch. 852, § 9, 70 Stat. 909, extended to Guam the benefits of Vocational Education Act of 1946.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091, provided that the repeal is effective July 1, 1969.

§§ 35 to 35n. Omitted
Editorial Notes
Codification
Sections 35, 35 note, and 35a to 35n, which were enacted by Part A of Pub. L. 88–210, §§ 1–10, 12–17, Dec. 18, 1963, 77 Stat. 403 to 415, to be known as the “Vocational Education Act of 1963” were omitted in the general reorganization of Pub. L. 88–210 by Pub. L. 90–576, title I, § 101, Oct. 16, 1968, 82 Stat. 1064, which redesignated such Part A as title I of Pub. L. 88–210 and, as so redesignated, completely reorganized such title I and authorized its citation as the “Vocational Education Act of 1963”. Such act, as redesignated and reorganized, was classified to section 1241 et seq. of this title.
Section 35, Pub. L. 88–210, § 1, Dec. 18, 1963, 77 Stat. 403, set out declaration of policy as to sections 35 to 35n of this title.
Section 35 note, Pub. L. 88–210, § 17, Dec. 18, 1963, 77 Stat. 415, named sections 1–17 of Pub. L. 88–210 the “Vocational Education Act of 1963”. See Codification note set out preceding section 2301 of this title.
Section 35a, Pub. L. 88–210, § 2, Dec. 18, 1963, 77 Stat. 403, authorized annual appropriations.
Section 35b, Pub. L. 88–210, § 3, Dec. 18, 1963, 77 Stat. 403, covered determination of allotment to be made to each State of sums appropriated under section 35a of this title.
Section 35c, Pub. L. 88–210, § 4, Dec. 18, 1963, 77 Stat. 405, set out allowable uses for allotments.
Section 35d, Pub. L. 88–210, § 5, Dec. 18, 1963, 77 Stat. 405, set out requisite elements of State plan and covered the designation of State board and State advisory council, policy and procedure for allocation of allotment, qualifications of persons under the plan, arrangements with public employment offices, accounting and fiscal control, labor standards, and reports.
Section 35e, Pub. L. 88–210, § 6, Dec. 18, 1963, 77 Stat. 407, set conditions for payments to States.
Section 35f, Pub. L. 88–210, § 7, Dec. 18, 1963, 77 Stat. 408, provided for application of labor standards under the Davis-Bacon Act (now 40 U.S.C. 3141 to 3144, 3146, and 3147) to construction projects assisted under sections 35 to 35n of this title.
Section 35g, Pub. L. 88–210, § 8, Dec. 18, 1963, 77 Stat. 408, defined terms used in sections 35 to 35n of this title.
Section 35h, Pub. L. 88–210, § 9, Dec. 18, 1963, 77 Stat. 410, established Advisory Committee on Vocational Education.
Section 35i, Pub. L. 88–210, § 10, Dec. 18, 1963, 77 Stat. 410, covered uses of allotments obtained under other statutes.
Section 35j, Pub. L. 88–210, § 12, Dec. 18, 1963, 77 Stat. 411, established Advisory Council on Vocational Education.
Section 35k, Pub. L. 88–210, § 13, Dec. 18, 1963, 77 Stat. 412, provided for creation and funding of work-study programs.
Section 35l, Pub. L. 88–210, § 14, Dec. 18, 1963, 77 Stat. 414, authorized grants for residential vocational education schools.
Section 35m, Pub. L. 88–210, § 15, Dec. 18, 1963, 77 Stat. 415, authorized appropriations for work-study and residential schools.
Section 35n, Pub. L. 88–210, § 16, Dec. 18, 1963, 77 Stat. 415, prohibited statutory construction authorizing Federal direction, supervision, or controls of programs under sections 35 to 35n of this title.

CHAPTER 3—SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES

SUBCHAPTER I—CHARTER PROVISIONS

Sec.

41.Incorporation of institution.

42.Board of Regents; members.

43.Appointment of regents; terms of office; vacancies.

44.Organization of board; expenses; gratuitous services.

45.Special meetings of members.

46.Duties of Secretary.

46a.Employment of aliens by Secretary.

47.Acting Secretary.

48.Salary and removal of Secretary and assistants.

49.Omitted.

50.Reception and arrangement of specimens and objects of art.

50a.Gellatly art collection; estimates of sums needed for preservation and maintenance.

51.Library.

52.Evidence of title to site and buildings.

53.Protection of property.

53a.Authorization of appropriations.

54.Appropriation of interest.

55.Acceptance of other sums.

56.Disposal of unappropriated money.

57.Disbursements.

58.Omitted.

59.Collections of National Ocean Survey, United States Geological Survey, and others deposited in National Museum.

60.Army articles furnished to National Museum.

61 to 65.Repealed.

65a.Director of the National Museum.

66.Repealed.

67.Right of repeal.

68.Repealed.

69.Anthropological researches; cooperation of Institution with States, educational institutions, or scientific organizations.

70.Authorization of appropriations; cooperative work.

SUBCHAPTER II—NATIONAL GALLERY OF ART

71.Designation of site.

71a.Additions; payment of construction costs from trust funds.

71b.Status of completed addition.

72.Board of Trustees.

73.Acceptance of gift from A. W. Mellon.

74.Maintenance.

74a.Permanent loan of funds by Board of Trustees to Treasury; semiannual interest payments to Board.

75.Authority and functions of the board.

SUBCHAPTER III—NATIONAL PORTRAIT GALLERY

75a.Definitions.

75b.Establishment of National Portrait Gallery; functions.

75c.Creation of National Portrait Gallery Commission; members; functions; powers.

75d.Acceptance of gifts; title to property.

75e.Powers of Board.

75f.Director; appointment and compensation; officers and employees.

75g.Authorization of appropriations.

SUBCHAPTER IV—SMITHSONIAN GALLERY OF ART

76, 76a.Omitted.

76b.Functions of Regents.

76c.Policy to foster appreciation of past and contemporary art.

76d.Donations of works of art from Government agencies.

76e.Housing or exhibiting objects of art possessed by Smithsonian Institution.

76f.Appointment, compensation, and duties of Director of Gallery; personnel.

76g.Authorization of appropriations.

SUBCHAPTER V—JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

76h.Board of Trustees.

76i.John F. Kennedy Center for the Performing Arts.

76j.Duties of Board.

76k.Powers of Board.

76l.Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit.

76m.Photovoltaic system.

76n.Repealed.

76o.Borrowing authority to finance parking facilities.

76p.Acceptance and disposition of gifts to the United States contributed in honor or memory of the late President John F. Kennedy.

76q.Sole national memorial to the late John F. Kennedy within the city of Washington and environs.

76q–1.John F. Kennedy Center Plaza.

76r.Authorization of appropriations.

76s.Definitions.

SUBCHAPTER VI—JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

76aa.Site for museum and sculpture garden.

76bb.Joseph H. Hirshhorn Museum and Sculpture Garden.

76cc.Board of Trustees.

76dd.Director, administrator, curators, and other personnel; appointment, compensation, and duties.

76ee.Authorization of appropriations.

SUBCHAPTER VII—NATIONAL AIR AND SPACE MUSEUM

77.National Air and Space Museum.

77a.Functions of museum.

77b.Repealed.

77c.Museum board.

77d.Transfer or loan of aeronautical or space flight equipment to museum.

SUBCHAPTER VIII—PALEONTOLOGICAL INVESTIGATIONS

78.Cooperation of Smithsonian Institution with State institutions for continuing paleontological investigations.

78a.Authorization of appropriations; availability of funds; limit on use of funds during fiscal year; supervision; rules and regulations.

SUBCHAPTER IX—CANAL ZONE BIOLOGICAL AREA

79.Barro Colorado Island in Gatun Lake to be set aside.

79a.Preservation of natural features for scientific observation and investigation.

79b.Functions of Smithsonian Institution.

79c.Resident manager; powers and duties; compensation.

79d.Deposit of receipts into Treasury; disbursements.

79e.Authorization of appropriations.

SUBCHAPTER X—NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

80.National Armed Forces Museum Advisory Board.

80a.Display of contributions of Armed Forces.

80b.Selection of site.

80c.Transfer or loan of objects, equipment and records to Smithsonian Institution.

80d.Authorization of appropriations.

SUBCHAPTER XI—WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

80e.Congressional declaration of policy.

80f.Woodrow Wilson International Center for Scholars; Board of Trustees of the Center.

80g.Powers and duties of Board.

80g–1.Hubert H. Humphrey Fellowship in Social and Political Thought.

80h.Administration; quorum.

80i.Authorization of appropriations; limitations.

80j.Audit of accounts.

SUBCHAPTER XII—MUSEUM OF AFRICAN ART

80k.Donation and transfer of lands and improvements, works of art, and other assets and property of Museum of African Art to Smithsonian Institution.

80l.Establishment of Museum of African Art; functions.

80m.Powers of Board.

80n.Commission for the Museum of African Art.

80o.Director, officers, and employees; appointment, compensation, and duties.

80p.Funding.

SUBCHAPTER XIII—NATIONAL MUSEUM OF THE AMERICAN INDIAN

80q.Findings.

80q–1.National Museum of the American Indian.

80q–2.Authority of Board of Regents to enter into agreement providing for transfer of Heye Foundation assets to Smithsonian Institution.

80q–3.Board of Trustees of National Museum of the American Indian.

80q–4.Director and staff of National Museum.

80q–5.Museum facilities.

80q–6.Custom House office space and auditorium.

80q–7.Audubon Terrace.

80q–8.Board of Regents functions with respect to certain agreements and programs.

80q–9.Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution.

80q–9a.Summary and repatriation of unassociated funerary objects, sacred objects, and cultural patrimony.

80q–10.Special committee to review inventory, identification, and return of Indian human remains and Indian funerary objects.

80q–11.Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution.

80q–12.Grants by Secretary of the Interior to assist Indian tribes with respect to agreements for return of Indian human remains and Indian funerary objects.

80q–13.Grants by Secretary of the Interior to assist Indian organizations with respect to renovation and repair of museum facilities and exhibit facilities.

80q–14.Definitions.

80q–15.Authorization of appropriations.

SUBCHAPTER XIV—NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE

80r.Findings.

80r–1.Definitions.

80r–2.Establishment of Museum.

80r–3.Council.

80r–4.Director and staff of the Museum.

80r–5.Educational and liaison programs.

80r–6.Building for the National Museum of African American History and Culture.

80r–7.Congressional Budget Act compliance.

80r–8.Consideration of recommendations of Presidential Commission.

80r–9.Authorization of appropriations.

SUBCHAPTER XV—CIVIL RIGHTS HISTORY PROJECT

80s.Findings; purpose.

80s–1.Establishment of joint project at Library of Congress and National Museum of African American History and Culture to collect video and audio recordings of histories of participants in American Civil Rights movement.

80s–2.Private support for civil rights history project.

80s–3.Authorization of appropriations.

SUBCHAPTER XVI—WOMEN’S HISTORY MUSEUM

80t.Findings.

80t–1.Establishment of Museum.

80t–2.Council.

80t–3.Director and staff of the Museum.

80t–4.Educational and liaison programs.

80t–5.Building.

80t–6.Definitions.

80t–7.Authorization of appropriations.

SUBCHAPTER XVII—NATIONAL MUSEUM OF THE AMERICAN LATINO

80u.National Museum of the American Latino.

SUBCHAPTER I—CHARTER PROVISIONS
§ 41. Incorporation of institution
The President, the Vice President, the Chief Justice, and the heads of executive departments are constituted an establishment by the name of the Smithsonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succession with the powers, limitations, and restrictions hereinafter contained, and no other.
(R.S. § 5579; Feb. 27, 1877, ch. 69, 19 Stat. 253; Mar. 12, 1894, ch. 36, 28 Stat. 41.)

Editorial Notes
Codification
R.S. § 5579 derived from acts Aug. 10, 1846, ch. 178, § 1, 9 Stat. 102; Mar. 20, 1871, ch. 1, 17 Stat. 1.
R.S. §§ 5579 to 5594 (codified as sections 41 to 46, 48, 50, 51 to 53, 54 to 57, and 67 of this title) constituted Title 73 of the Revised Statutes, entitled “The Smithsonian Institution.” A preamble to these sections was as follows: “James Smithson, esquire, of London, in the kingdom of Great Britain, having by his last will and testament given the whole of his property to the United States of America, to found, at Washington, under the name of the ‘Smithsonian Institution,’ an establishment for the increase and diffusion of knowledge among men; and the United States having, by an act of Congress, received said property and accepted said trust; therefore, for the faithful execution of said trust, according to the will of the liberal and enlightened donor.”
R.S. § 5579, as originally enacted, constituted the President, the Vice-President, the Secretaries of State, the Treasury, War, and the Navy, the Postmaster-General, the Attorney-General, the Chief Justice, the Commissioner of the Patent Office, and the Governor of the District of Columbia, and such persons as they might elect honorary members, an establishment by the name of the “Smithsonian Institution,” for the purposes and with the powers specified in the section as set forth here.

Amendments1894—Act Mar. 12, 1894, substituted “the Chief Justice, and heads of executive departments” for “the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attorney General, the Chief Justice, the Commissioner of Patents, the governor of the District of Columbia, and other such persons as they may elect honorary members”.
1877—Act Feb. 27, 1877, substituted “Patents” for “Patent Office”.

Statutory Notes and Related Subsidiaries
Short Title of 2003 AmendmentPub. L. 108–72, § 1, Aug. 15, 2003, 117 Stat. 888, provided that: “This Act [enacting section 253l–8 of Title 41, Public Contracts, enacting provisions set out as notes under section 75b of this title and section 3521 of Title 5, Government Organization and Employees, and amending provisions set out as a note under section 50 of this title] may be cited as the ‘Smithsonian Facilities Authorization Act’.”

Short Title of 1966 AmendmentPub. L. 89–674, § 1, Oct. 15, 1966, 80 Stat. 953, provided: “That this Act [enacting section 65a of this title and repealing section 65 of this title] may be cited as the ‘National Museum Act of 1966’.”

§ 42. Board of Regents; members(a) The business of the Institution shall be conducted at the city of Washington by a Board of Regents, named the Regents of the Smithsonian Institution, to be composed of the Vice President, the Chief Justice of the United States, three Members of the Senate, three Members of the House of Representatives, and nine other persons, other than Members of Congress, two of whom shall be resident in the city of Washington, and seven of whom shall be inhabitants of some State, but no two of them of the same State.

(b) Notwithstanding any other provision of law, the Board of Regents of the Smithsonian Institution may modify the number of members, manner of appointment of members, or tenure of members, of the boards or commissions under the jurisdiction of the Smithsonian Institution, other than—(1) the Board of Regents of the Smithsonian Institution; and

(2) the boards or commissions of the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, and the Woodrow Wilson International Center for Scholars.

(R.S. § 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Pub. L. 91–551, § 1(a), Dec. 15, 1970, 84 Stat. 1439; Pub. L. 105–277, div. A, § 101(e) [title III, § 355], Oct. 21, 1998, 112 Stat. 2681–231, 2681–303.)

Editorial Notes
Codification
R.S. § 5580 derived from acts Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17 Stat. 1.

Amendments1998—Pub. L. 105–277 designated existing provisions as subsec. (a) and added subsec. (b).
1970—Pub. L. 91–551 authorized three additional persons on the Board of Regents.
1894—Act Mar. 12, 1894, struck out “the governor of the District of Columbia” after “the Chief Justice of the United States,”.

§ 43. Appointment of regents; terms of office; vacancies
The regents to be selected shall be appointed as follows: The Members of the Senate by the President thereof; the Members of the House by the Speaker thereof; and the nine other persons by joint resolution of the Congress. The Members of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner to serve until the fourth Wednesday in December, in the second year succeeding their appointment. The Senators so appointed shall serve during the term for which they shall hold, without re-election, their office as Senators. Vacancies, occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. The regular term of service for the other nine members shall be six years; and new elections thereof shall be made by joint resolutions of Congress. Vacancies occasioned by death, resignation, or otherwise may be filled in like manner by joint resolution of Congress.
(R.S. § 5581; Pub. L. 91–551, § 1(b), (c), Dec. 15, 1970, 84 Stat. 1440.)

Editorial Notes
Codification
R.S. § 5581 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103.

Amendments1970—Pub. L. 91–551 authorized appointment of three additional members of the board by joint resolution of Congress.

§ 44. Organization of board; expenses; gratuitous services
The Board of Regents shall meet in the city of Washington and elect one of their number as chancellor, who shall be the presiding officer of the Board of Regents, and called the chancellor of the Smithsonian Institution, and a suitable person as Secretary of the institution, who shall also be the secretary of the Board of Regents. The board shall also elect three of their own body as an executive committee, and shall fix the time for the regular meetings of the board; and, on application of any three of the regents to the Secretary of the institution, it shall be his duty to appoint a special meeting of the Board of Regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of the board, eight shall constitute a quorum to do business. Each member of the board shall be paid his necessary traveling and other actual expenses, in attending meetings of the board, which shall be audited by the executive committee, and recorded by the Secretary of the board; but his service as regent shall be gratuitous.
(R.S. § 5582; Pub. L. 91–551, § 1(d), Dec. 15, 1970, 84 Stat. 1440.)

Editorial Notes
Codification
R.S. § 5582 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103.

Amendments1970—Pub. L. 91–551 increased number of members required to constitute a quorum from five to eight.

§ 45. Special meetings of members
The members of the institution may hold stated and special meetings, for the supervision of the affairs of the institution and the advice and instruction of the Board of Regents, to be called in the manner provided for in the by-laws of the institution, at which the President, and in his absence the Vice President, shall preside.
(R.S. § 5585.)

Editorial Notes
Codification
R.S. § 5585 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 103.

§ 46. Duties of Secretary
The Secretary of the Board of Regents shall take charge of the building and property of the institution, and shall, under their direction, make a fair and accurate record of all their proceedings, to be preserved in the institution until no longer needed in conducting current business; and shall also discharge the duties of librarian and of keeper of the museum, and may, with the consent of the Board of Regents, employ assistants.
(R.S. § 5583; Oct. 25, 1951, ch. 562, § 2(4), 65 Stat. 639.)

Editorial Notes
Codification
R.S. § 5583 derived from act Aug. 10, 1846, ch. 178, § 7, 9 Stat. 105.

Amendments1951—Act Oct. 25, 1951, inserted “until no longer needed in conducting current business”.

§ 46a. Employment of aliens by Secretary
The Secretary of the Smithsonian Institution, subject to adequate security and other investigations as he may determine to be appropriate, and subject further to a prior determination by him that no qualified United States citizen is available for the particular position involved, is authorized to employ and compensate aliens in a scientific or technical capacity at authorized rates of compensation without regard to statutory provisions prohibiting payment of compensation to aliens.
(Pub. L. 88–549, Aug. 31, 1964, 78 Stat. 754.)

§ 47. Acting Secretary
The chancellor of the Smithsonian Institution may, by an instrument in writing filed in the office of the Secretary thereof, designate and appoint a suitable person to act as Secretary of the Institution when there shall be a vacancy in said office, and whenever the Secretary shall be unable from illness, absence, or other cause to perform the duties of his office; and in such case the person so appointed may perform all the duties imposed on the Secretary by law until the vacancy shall be filled or such inability shall cease. The said chancellor may change such designation and appointment from time to time as the interests of the Institution may in his judgment require.
(May 13, 1884, ch. 44, 23 Stat. 21.)

Editorial Notes
Prior ProvisionsSimilar prior provisions were contained in act Jan. 24, 1879, ch. 21, 20 Stat. 264.

§ 48. Salary and removal of Secretary and assistants
The Secretary and his assistants shall, respectively, receive for their services such sum as may be allowed by the Board of Regents; and shall be removable by the Board of Regents whenever, in their judgment, the interests of the institution require such removal.
(R.S. § 5584.)

Editorial Notes
Codification
R.S. § 5584 derived from act Aug. 10, 1846, ch. 178, § 7, 9 Stat. 105.
Provisions which related to semi-annual payments on the first day of January and July have been omitted.

§ 49. Omitted
Editorial Notes
Codification
Section, act Oct. 2, 1888, ch. 1069, 25 Stat. 529, which required the Secretary of the Smithsonian Institution to submit to Congress annually a detailed statement of expenditures under appropriations for “International Exchanges,” “North American Ethnology,” and the “National Museum,”, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 192 of House Document No. 103–7.

§ 50. Reception and arrangement of specimens and objects of art
Whenever suitable arrangements can be made from time to time for their reception, all objects of art and of foreign and curious research, and all objects of natural history, plants, and geological and mineralogical specimens belonging to the United States, which may be in the city of Washington, in whosesoever custody they may be, shall be delivered to such persons as may be authorized by the Board of Regents to receive them, and shall be so arranged and classified in the building erected for the institution as best to facilitate the examination and study of them; and whenever new specimens in natural history, geology, or mineralogy are obtained for the museum of the institution, by exchanges of duplicate specimens, which the Regents may in their discretion make, or by donation, which they may receive, or otherwise, the Regents shall cause such new specimens to be appropriately classed and arranged. The minerals, books, manuscripts, and other property of James Smithson, which have been received by the Government of the United States, shall be preserved separate and apart from other property of the institution.
(R.S. § 5586.)

Editorial Notes
Codification
R.S. § 5586 derived from act Aug. 10, 1846, ch. 178, § 6, 9 Stat. 105.

Statutory Notes and Related Subsidiaries
Laboratory Space, Gamboa, PanamaPub. L. 111–11, title XV, § 15102, Mar. 30, 2009, 123 Stat. 1456, provided that:
“(a) Authority To Construct.—The Board of Regents of the Smithsonian Institution is authorized to construct laboratory space to accommodate the terrestrial research program of the Smithsonian tropical research institute in Gamboa, Panama.

“(b) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section a total of $14,000,000 for fiscal years 2009 and 2010. Such sums shall remain available until expended.”

Veritas Astrophysical Observatory Project; Authorization of Construction and AppropriationsPub. L. 108–331, Oct. 16, 2004, 118 Stat. 1281, as amended by Pub. L. 110–341, § 1(2), Oct. 3, 2008, 122 Stat. 3738, provided that:
“SECTION 1. AUTHORIZING BOARD OF REGENTS OF SMITHSONIAN INSTITUTION TO CARRY OUT CONSTRUCTION AND RELATED ACTIVITIES IN SUPPORT OF VERITAS ASTROPHYSICAL OBSERVATORY PROJECT.“The Board of Regents of the Smithsonian Institution is authorized to carry out construction and related activities in support of the collaborative Very Energetic Radiation Imaging Telescope Array System (VERITAS) project at the Fred Lawrence Whipple Observatory Base Camp on Mount Hopkins, Arizona, or other similar location.

“SEC. 2. AUTHORIZATION OF APPROPRIATIONS.“There is authorized to be appropriated $1,000,000 for fiscal year 2005 to carry out section 1.”

Collection and Preservation of Artifacts Relating to September 11th AttacksPub. L. 107–117, div. B, § 701, Jan. 10, 2002, 115 Stat. 2311, provided that:
“(a) In General.—The Secretary of the Smithsonian Institution shall collect and preserve in the National Museum of American History artifacts relating to the September 11th attacks on the World Trade Center and the Pentagon.

“(b) Types of Artifacts.—In carrying out subsection (a), the Secretary of the Smithsonian Institution shall consider collecting and preserving—“(1) pieces of the World Trade Center and the Pentagon;

“(2) still and video images made by private individuals and the media;

“(3) personal narratives of survivors, rescuers, and government officials; and

“(4) other artifacts, recordings, and testimonials that the Secretary of the Smithsonian Institution determines have lasting historical significance.

“(c) Authorization of Appropriations.—There is authorized to be appropriated to the Smithsonian Institution $5,000,000 to carry out this section.”

Smithsonian Astrophysical Observatory Submillimeter Array; Authorization of Construction and AppropriationsPub. L. 106–383, Oct. 27, 2000, 114 Stat. 1459, provided that:
“SECTION 1. FACILITY AUTHORIZED.“The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip laboratory, administrative, and support space to house base operations for the Smithsonian Astrophysical Observatory Submillimeter Array located on Mauna Kea at Hilo, Hawaii.

“SEC. 2. AUTHORIZATION OF APPROPRIATIONS.“There are authorized to be appropriated to the Board of Regents of the Smithsonian Institution to carry out this Act, $2,000,000 for fiscal year 2001, and $2,500,000 for fiscal year 2002, which shall remain available until expended.”

Smithsonian Institution Transportation ProgramPub. L. 105–178, title I, § 1214(b), June 9, 1998, 112 Stat. 204, provided that:
“(1) In general.—The Secretary [of Transportation] shall allocate amounts made available by this subsection for obligation at the discretion of the Secretary of the Smithsonian Institution, in consultation with the Secretary, to carry out projects and activities described in paragraph (2).

“(2) Eligible uses.—Amounts allocated under paragraph (1) may be obligated only—“(A) for transportation-related exhibitions, exhibits, and educational outreach programs;

“(B) to enhance the care and protection of the Nation’s collection of transportation-related artifacts;

“(C) to acquire historically significant transportation-related artifacts; and

“(D) to support research programs within the Smithsonian Institution that document the history and evolution of transportation, in cooperation with other museums in the United States.

“(3) Authorization of appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $1,000,000 for each of fiscal years 1998 through 2003 to carry out this subsection.

“(4) Applicability of title 23.—Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project or activity under this subsection shall be 100 percent and such funds shall remain available until expended.”

National Health MuseumPub. L. 105–78, title VII, Nov. 13, 1997, 111 Stat. 1524, known as the National Health Museum Development Act, which provided that the National Health Museum would be located on or near the Mall and established the National Health Museum Commission and its duties, was repealed, except for section 702, by Pub. L. 107–303, title III, § 303, Nov. 27, 2002, 116 Stat. 2361. Section 702 of Pub. L. 105–78 amended section 1067 of Pub. L. 103–337, set out as a note under section 176 of Title 10, Armed Forces.

West Court of National Museum of Natural History BuildingPub. L. 103–151, Nov. 24, 1993, 107 Stat. 1515, provided that:
“SECTION 1. PLANNING, DESIGN, AND CONSTRUCTION OF WEST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING.“The Board of Regents of the Smithsonian Institution is authorized to plan, design, and construct the West Court of the National Museum of Natural History building.

“SEC. 2. FUNDING.“No appropriated funds may be used to pay any expense of the planning, design, and construction authorized by section 1.”

East Court of National Museum of Natural History BuildingPub. L. 101–455, Oct. 24, 1990, 104 Stat. 1067, as amended by Pub. L. 103–98, § 1(a), Oct. 6, 1993, 107 Stat. 1015, provided that:
“SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL HISTORY.“The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip approximately 80,000 square feet of space in the East Court of the National Museum of Natural History building.

“SEC. 2. AUTHORIZATION OF APPROPRIATIONS.“There is authorized to be appropriated to the Smithsonian Institution for fiscal year 1991 and succeeding fiscal years not to exceed $30,000,000 to carry out this Act.”

[Section 1(b) of Pub. L. 103–98 provided that: “The amendment made by subsection (a) [amending section 2 of Pub. L. 101–455, set out above] shall take effect as of October 24, 1990.”
]

Charles McC. Mathias, Jr. Laboratory for Environmental ResearchPub. L. 111–11, title XV, § 15101, Mar. 30, 2009, 123 Stat. 1456, provided that:
“(a) Authority To Design and Construct.—The Board of Regents of the Smithsonian Institution is authorized to design and construct laboratory and support space to accommodate the Mathias Laboratory at the Smithsonian Environmental Research Center in Edgewater, Maryland.

“(b) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section a total of $41,000,000 for fiscal years 2009 through 2011. Such sums shall remain available until expended.”

Pub. L. 99–617, § 1, Nov. 6, 1986, 100 Stat. 3488, provided that:
“(a) Construction Authorization.—The Board of Regents of the Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research.

“(b) Location.—The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland.

“(c) Authorization of Appropriations.—Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section.

“(d) Transfer of Funds.—Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Smithsonian Astrophysical Observatory and Smithsonian Tropical Research Institute; Authorization of Construction and AppropriationsPub. L. 99–423, Sept. 30, 1986, 100 Stat. 963, provided:
“That the Board of Regents of the Smithsonian Institution is authorized to plan and construct facilities for the Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute.
“Sec. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution:“(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and

“(b) $11,100,000 for the Smithsonian Tropical Research Institute.

“Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Fred Lawrence Whipple Observatory; Purchase of LandPub. L. 98–73, Aug. 11, 1983, 97 Stat. 406, provided:
“That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory.
“Sec. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of this Act.”

Construction of National Museum of African Art, Center for Eastern Art, and Structures for Related Educational FacilitiesPub. L. 97–203, June 24, 1982, 96 Stat. 129, provided:
“That the Board of Regents of the Smithsonian Institution is authorized to construct a building for the National Museum of African Art and a center for Eastern art together with structures for related educational activities in the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street Southwest, in the city of Washington.
“Sec. 2. Effective October 1, 1982, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $36,500,000 to carry out the purposes of this Act [this note]. Except for funds obligated or expended for planning, administration, and management expenses, and architectural or other consulting services, no funds appropriated pursuant to this section shall be obligated or expended until such time as there is available to such Board, from private donations or from other non-Federal sources, a sum which, when combined with the funds so appropriated, is sufficient to carry out the purposes of this Act.

“Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act [this note] may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Smithsonian Institution; Development of Property Adjacent to Original BuildingPub. L. 96–36, July 20, 1979, 93 Stat. 94, provided:
“That the Board of Regents of the Smithsonian Institution is authorized to plan for the development of the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street, Southwest, in the city of Washington.
“Sec. 2. Effective October 1, 1979, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $500,000 to carry out the purposes of this Act.

“Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Smithsonian Institution Plans for and Construction of Museum Support Facilities; Approval of Plans and Specifications; Situs; Transfer of Land; Appropriations; Contracts by General Services AdministrationPub. L. 111–11, title XV, § 15103, Mar. 30, 2009, 123 Stat. 1456, provided that:
“(a) In General.—The Board of Regents of the Smithsonian Institution is authorized to construct a greenhouse facility at its museum support facility in Suitland, Maryland, to maintain the horticultural operations of, and preserve the orchid collection held in trust by, the Smithsonian Institution.

“(b) Authorization of Appropriations.—There is authorized to be appropriated $12,000,000 to carry out this section. Such sums shall remain available until expended.”

Pub. L. 94–98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub. L. 95–569, Nov. 2, 1978, 92 Stat. 2444; Pub. L. 108–72, § 2, Aug. 15, 2003, 117 Stat. 888, provided that:
“The Regents of the Smithsonian Institution are authorized to prepare plans for, and to construct, museum support facilities to be used for (1) the care, curation, conservation, deposit, preparation, and study of the national collections of scientific, historic, and artistic objects, specimens, and artifacts; (2) the related documentation of such collections of the Smithsonian Institution; and (3) the training of museum conservators. No appropriation shall be made to construct the facilities authorized by this Act until the Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate, by resolution approve the final plans and specifications of such facilities.
“Sec. 2. The museum support facilities referred to in section 1 shall be located on federally owned land within the metropolitan area of Washington, District of Columbia. Any Federal agency is authorized to transfer land under its jurisdiction to the Smithsonian Institution for such purposes without reimbursement.

“Sec. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out this Act (other than section 4). Any portion of the sums appropriated for such purposes may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.

“Sec. 4. Additional space and resources for national collections held by the Smithsonian Institution.“(a) In General.—The Board of Regents of the Smithsonian Institution may plan, design, construct, and equip additional special use storage and laboratory space at the museum support facility of the Smithsonian Institution in Suitland, Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the Institution.

“(b) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section—“(1) $2,000,000 for fiscal year 2003;

“(2) $10,000,000 for fiscal year 2004; and

“(3) such sums as are necessary for each of fiscal years 2005 through 2008.”

[Amendment of section 3 by Pub. L. 95–569 effective Oct. 1, 1979.]

National MuseumThe National Museum was not created by any express statutory provision for that purpose. It was first mentioned in an appropriation for postage for “the National Museum in the Smithsonian Institution,” contained in act June 20, 1874, ch. 328, § 1, 18 Stat. 103. An appropriation for a building for the use of the National Museum was made by act Mar. 3, 1879, ch. 182, § 1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building.

National Museum ExhibitRes. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized Secretary of State to transfer to custody of Secretary of Institution for safekeeping and exhibition in National Museum the sword of George Washington and the staff of Benjamin Franklin, presented by Samuel T. Washington, and the sword of Andrew Jackson, presented by family of General Robert Armstrong.

Transportation of PropertyQuartermaster-General and his officers were required to receive and transport property for National Museum by a provision of act July 5, 1884, ch. 217, 23 Stat. 107.

§ 50a. Gellatly art collection; estimates of sums needed for preservation and maintenance
The Smithsonian Institution is authorized to include in its estimates of appropriations such sums as may be needful for the preservation and maintenance of the John Gellatly art collection.
(June 5, 1929, ch. 9, 46 Stat. 5.)

§ 51. Library
The Regents shall make, from the interest of the fund, an appropriation, not exceeding an average of $25,000 annually, for the gradual formation of a library composed of valuable works pertaining to all departments of human knowledge.
(R.S. § 5587.)

Editorial Notes
Codification
R.S. § 5587 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 105.

Statutory Notes and Related Subsidiaries
Public Use of Research and Study Facilities of Certain InstitutionsUnder provisions of R.S. § 94 and act Mar. 3, 1875, ch. 179, 18 Stat. 512, the Joint Committee on the Library of Congress was authorized to extend the use of the Library to the Regents of the Smithsonian Institution. These provisions were not classified to the Code, being rendered superfluous by a general declaration of public policy by Congress, by a joint resolution adopted Apr. 12, 1892, 27 Stat. 395, to the effect that facilities for study and research in the Library of Congress, the National Museum, and similar institutions shall be afforded investigators, students, etc., in the several states and territories as well as in the District of Columbia.

§ 52. Evidence of title to site and buildings
The site and lands selected for buildings for the Smithsonian Institution shall be deemed appropriated to the institution, and the record of the description of such site and lands, or a copy thereof, certified by the chancellor and Secretary of the Board of Regents, shall be received as evidence in all courts of the extent and boundaries of the lands appropriated to the institution.
(R.S. § 5588.)

Editorial Notes
Codification
R.S. § 5588 derived from act Aug. 10, 1846, ch. 178, § 4, 9 Stat. 104.

§ 53. Protection of property
All laws for the protection of public property in the city of Washington shall apply to, and be in force for, the protection of the lands, buildings, and other property of the Smithsonian Institution. All moneys recovered by or accruing to, the institution shall be paid into the Treasury of the United States, to the credit of the Smithsonian bequest, and separately accounted for.
(R.S. § 5589.)

Editorial Notes
Codification
R.S. § 5589 derived from act Aug. 10, 1846, ch. 178, § 5, 9 Stat. 104.

§ 53a. Authorization of appropriations
Appropriations are authorized for the maintenance of the Astrophysical Observatory and the making of solar observations at high altitudes; for repairs and alterations of buildings and grounds occupied by the Smithsonian Institution in the District of Columbia and elsewhere; and for preparation of manuscripts, drawings, and illustrations for publications.
(Aug. 22, 1949, ch. 494, § 2, 63 Stat. 623.)

§ 54. Appropriation of interest
So much of the property of James Smithson as has been received in money, and paid into the Treasury of the United States, being the sum of $541,379.63, shall be lent to the United States Treasury and invested in public debt securities with maturities requested by the Smithsonian Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current market yields on outstanding marketable obligations of the United States of comparable maturities, and this interest is hereby appropriated for the perpetual maintenance and support of the Smithsonian Institution; and all expenditures and appropriations to be made, from time to time, to the purposes of the Institution shall be exclusively from the accruing interest, and not from the principal of the fund. All the moneys and stocks which have been, or may hereafter be, received into the Treasury of the United States, on account of the fund bequeathed by James Smithson, are hereby pledged to refund to the Treasury of the United States the sums hereby appropriated.
(R.S. § 5590; Pub. L. 97–199, § 1, June 22, 1982, 96 Stat. 121.)

Editorial Notes
Codification
R.S. § 5590 derived from acts Aug. 10, 1846, ch. 178, § 2, 9 Stat. 102; Feb. 5, 1867, ch. 34, § 2, 14 Stat. 391.

Amendments1982—Pub. L. 97–199 substituted “and invested in public debt securities with maturities requested by the Smithsonian Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current market yields on outstanding marketable obligations of the United States of comparable maturities, and this interest is hereby” for “, at 6 per centum per annum interest; and 6 per centum interest on the trust-fund and residuary legacy received into the United States Treasury, payable in half-yearly payments, on the first of January and July in each year, is”, substituted “purposes of the Institution” for “purposes of the institution”, and substituted “are hereby pledged” for “are pledged”.

Statutory Notes and Related Subsidiaries
Effective Date of 1982 AmendmentPub. L. 97–199, § 2, June 22, 1982, 96 Stat. 121, provided that: “The amendment made by the first section [amending this section] shall apply with respect to fiscal years beginning after September 30, 1982.”

§ 55. Acceptance of other sums
The Secretary of the Treasury is authorized and directed to receive into the Treasury, on the same terms as the original bequest of James Smithson, such sums as the Regents may, from time to time, see fit to deposit, not exceeding, with the original bequest, the sum of $1,000,000. This shall not operate as a limitation on the power of the Smithsonian Institution to receive money or other property by gift, bequest, or devise, and to hold and dispose of the same in promotion of the purposes thereof.
(R.S. § 5591; Mar. 12, 1894, ch. 36, 28 Stat. 41.)

Editorial Notes
Codification
R.S. § 5591 derived from act Feb. 5, 1867, ch. 34, § 1, 14 Stat. 391.

Amendments1894—Act Mar. 12, 1894, made limitation on deposits into the Treasury inapplicable to receipt of gifts, bequests and devises and dispositions of money or other property.

§ 56. Disposal of unappropriated money
The Regents are authorized to make such disposal of any other moneys which have accrued, or shall hereafter accrue, as interest upon the Smithsonian fund, not herein appropriated, or not required for the purposes herein provided, as they shall deem best suited for the promotion of the purpose of the testator.
(R.S. § 5592.)

Editorial Notes
Codification
R.S. § 5592 derived from act Aug. 10, 1846, ch. 178, § 9, 9 Stat. 105.

§ 57. Disbursements
Whenever money is required for the payment of the debts or performance of the contracts of the institution, incurred or entered into in conformity with the provisions of sections 41 to 46, 48, 50, 51 to 53, 54 to 57, and 67 of this title, or for making the purchases and executing the objects authorized by said sections, the Board of Regents, or the executive committee thereof, may certify to the chancellor and secretary of the board that such sum of money is required, whereupon they shall examine the same, and, if they shall approve thereof, shall certify the same to the proper officer of the Treasury for payment. The board shall submit to Congress, at each session thereof, a report of the operations, expenditures, and condition of the institution.
(R.S. § 5593.)

Editorial Notes
Codification
R.S. § 5593 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103.

Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in this section relating to submitting a report to Congress at each session of Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 192 of House Document No. 103–7.

§ 58. Omitted
Editorial Notes
Codification
Section, act Mar. 3, 1899, ch. 424, § 1, 30 Stat. 1085, which required that the salaries of officers and employees paid from appropriations under the Smithsonian Institution be reported to Congress annually, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 192 of House Document No. 103–7.

§ 59. Collections of National Ocean Survey, United States Geological Survey, and others deposited in National Museum
All collections of rocks, minerals, soils, fossils, and objects of natural history, archaeology, and ethnology, made by the National Ocean Survey, the United States Geological Survey, or by any other parties for the Government of the United States, when no longer needed for investigations in progress shall be deposited in the National Museum.
(Mar. 3, 1879, ch. 182, § 1, 20 Stat. 394; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

Editorial Notes
Codification
Words “Coast and Interior Survey” appearing in act Mar. 3, 1879, were in prior editions of the Code changed to “Coast and Geodetic Survey.” Congress never created a Coast and Interior Survey. In a communication dated Nov. 6, 1940, the Director of the Geological Survey explained that the words “Coast and Interior Survey” were inadvertently incorporated upon authority of report contained in Senate Misc. Doc. No. 9, 45th Congress, 3d Session, which recommended the “Coast and Geodetic Survey” be changed to “United States Coast and Interior Survey” and an organization be created in the Interior Department to be known as the “United States Geological Survey.” Congress adopted only the latter suggestion.

Statutory Notes and Related Subsidiaries

Change of Name
“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands.

National MuseumEstablishment of the National Museum, see note set out under section 50 of this title.

National Museum of American HistoryPub. L. 96–441, § 2, Oct. 13, 1980, 94 Stat. 1884, provided that: “The bureau of the Smithsonian Institution known as the Museum of History and Technology and so referred to in the Act entitled ‘An Act to authorize the construction of a building for a Museum of History and Technology for the Smithsonian Institution, including the preparation of plans and specifications, and all other work incidental thereto’, approved June 28, 1955 (20 U.S.C. 59 note), shall be known as the ‘National Museum of American History’.”

For provision deeming references to the Museum of History and Technology in laws and regulations to be references to the National Museum of American History, see section of 3 of Pub. L. 96–441, set out as a note under section 71 of this title.

Museum of History and Technology for the Smithsonian InstitutionAct June 28, 1955, ch. 201, 69 Stat. 189, authorized construction of a building for a Museum of History and Technology, which was redesignated the National Museum of American History, for the use of the Smithsonian Institution, at a cost not to exceed $36,000,000.

Executive Documents

Change of Name
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.

§ 60. Army articles furnished to National Museum
The Secretary of the Army is authorized to furnish to the National Museum, for exhibition, upon request therefor by the administrative head thereof, such articles of arms, materiel, equipment, or clothing as have been issued from time to time to the United States Army, or which have been or may hereafter be produced for the United States Army, and which are objects of general interest or of foreign or curious research, provided that such articles can be spared.
(Mar. 4, 1921, ch. 166, § 1, 41 Stat. 1438; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Oct. 31, 1951, ch. 654, § 3(4), 65 Stat. 708.)

Editorial Notes
Amendments1951—Act Oct. 31, 1951, struck out “are surplus or” after “articles”.

Statutory Notes and Related Subsidiaries

Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Secretary of Air Force
For transfer of certain personal property and personal property functions, insofar as they pertain to the Air Force, from Secretary of the Army to Secretary of the Air Force, see Secretary of Defense Transfer Order No. 39 [§ 2vv], eff. May 18, 1949.

§§ 61 to 64. Repealed. Oct. 31, 1951, ch. 654, § 1(37)–(40), 65 Stat. 702

Section 61, act Mar. 3, 1879, ch. 182, § 1, 20 Stat. 397, required archives, records and materials relating to Indians of North America to be turned over from Geographical and Geological Survey to Smithsonian Institution for purposes of completion of collection of information and its publication.

Section 62, act Aug. 1, 1914, ch. 223, § 1, 38 Stat. 661, authorized Secretary of Commerce to transfer instruments of historical value of the Coast and Geodetic Survey [the National Ocean Survey] to Smithsonian Institution.

Section 63, act June 5, 1920, ch. 235, § 1, 41 Stat. 930, related to transfer, by Secretary of Commerce, of Coast and Geodetic Survey [the National Ocean Survey] instruments of historical value, to educational institutions and museums.

Section 64, act Mar. 3, 1883, ch. 143, 22 Stat. 629, related to distribution of specimens of National Museum and Bureau of Fisheries to schools and colleges.

§ 65. Repealed. Pub. L. 89–674, § 3, Oct. 15, 1966, 80 Stat. 953

Section, act July 7, 1884, ch. 332, 23 Stat. 214, required Director of National Museum to report annually to Congress on progress of the Museum during the year and its present condition. See section 65a of this title.

§ 65a. Director of the National Museum(a) Duties; programs and studies; annual report to CongressThe Director of the National Museum under the direction of the Secretary of the Smithsonian Institution shall—(1) cooperate with museums and their professional organizations in a continuing study of museum problems and opportunities, both in the United States and abroad;

(2) prepare and carry out programs by grant, contract, or directly for training career employees in museum practices in cooperation with museums, their professional organizations, and institutions of higher education either at the Smithsonian Institution or at the cooperating museum, organization, or institutions;

(3) prepare and distribute significant museum publications;

(4) perform research on, and otherwise contribute to, the development of museum techniques, with emphasis on museum conservation and the development of a national institute for museum conservation;

(5) cooperate with departments and agencies of the Government of the United States operating, assisting, or otherwise concerned with museums; and

(6) report annually to the Congress on progress in these activities.

(b) Authorization of appropriationsThere are hereby authorized to be appropriated to the Smithsonian Institution for the fiscal year 1981, the sum of $803,000, and for the fiscal year 1982, the sum of $1,000,000.

(Pub. L. 89–674, § 2, Oct. 15, 1966, 80 Stat. 953; Pub. L. 91–629, §§ 1, 2 Dec. 31, 1970, 84 Stat. 1875; Pub. L. 93–345, §§ 1, 2, July 12, 1974, 88 Stat. 339; Pub. L. 94–336, July 1, 1976, 90 Stat. 795; Pub. L. 96–268, June 13, 1980, 94 Stat. 485.)

Editorial Notes
Amendments1980—Subsec. (b). Pub. L. 96–268 substituted provisions authorizing appropriations of $803,000 for fiscal year 1981 and $1,000,000 for fiscal year 1982 for provisions which had authorized appropriations of $1,000,000 each year for fiscal years 1978, 1979, and 1980.
1976—Subsec. (b). Pub. L. 94–336 substituted provisions authorizing the appropriation of $1,000,000 each year for fiscal years 1978, 1979, and 1980, for provisions under which there had been authorized to be appropriated whatever sums as might be necessary to carry out the purposes of the section, with a proviso that no more than $1,000,000 could be appropriated annually through fiscal year 1977, of which no less than $200,000, was to be allocated and used to carry out subsec. (a)(4) of this section.
1974—Subsec. (a)(4). Pub. L. 93–345, § 1, inserted “, with emphasis on museum conservation and the development of a national institute for museum conservation” after “museum techniques”.
Subsec. (b). Pub. L. 93–345, § 2, substituted provisions limiting to $1,000,000 the amount which may be appropriated annually through fiscal year 1977, with no less than $200,000 annually to be allocated and used to carry out the purposes of subsection (a)(4) of this section for provisions limiting to $1,000,000 the amount which could be appropriated annually through fiscal year 1974, of which $300,000 annually had to be allocated and used according to the formula of 33⅓ per centum for purposes of subsec. (a)(2), 33⅓ per centum for assistance to museums under section 954(c) of this title, and 33⅓ per centum for assistance to museums under section 956(c) of this title.
1970—Subsec. (a)(2). Pub. L. 91–629, § 2, inserted provisions that programs be prepared and carried out by grant, contract, or directly and which authorized the training of career employees in museum practices in cooperation with institutions of higher education, and substituted provisions which authorized training programs to be conducted either at the Smithsonian Institution, or at the cooperating museum, organization, or institutions, for provisions which authorized such programs to be conducted at the best locations.
Subsec. (b). Pub. L. 91–629, § 1, substituted provisions which authorized to be appropriated such sums as necessary to carry out the purposes of this section, with no more than $1,000,000 to be appropriated annually through fiscal year 1974, of which $300,000, annually, to be allocated in the enumerated manner, for provisions which authorized to be appropriated to carry out this section, not to exceed $200,000 for the fiscal year ending June 30, 1968, $250,000 for the fiscal years ending June 30, 1969, and June 30, 1970, and $300,000 for the fiscal year ending June 30, 1971, and in each subsequent fiscal year, only such sums as the Congress hereafter authorizes by law.

Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsec. (a)(6) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 192 of House Document No. 103–7.

§ 66. Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(19), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583

Section, act Mar. 3, 1915, ch. 75, § 1, 38 Stat. 839, related to exchange of typewriters and adding machines.

§ 67. Right of repeal
Congress may alter, amend, add to, or repeal any of the provisions of sections 41 to 46, 48, 50, 51 to 53, and 54 to 57, of this title; but no contract or individual right made or acquired under such provisions shall be thereby divested or impaired.
(R.S. § 5594.)

Editorial Notes
Codification
R.S. § 5594 derived from act Aug. 10, 1846, ch. 178, § 11, 9 Stat. 106.

§ 68. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111

Section, act Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1081, related to advertisements for proposals for purchases and services.

§ 69. Anthropological researches; cooperation of Institution with States, educational institutions, or scientific organizations
The Secretary of the Smithsonian Institution is hereby authorized to cooperate with any State, educational institution, or scientific organization in the United States to continue independently or in cooperation anthropological researches among the American Indians and the natives of lands under the jurisdiction or protection of the United States and the excavation and preservation of archaeological remains.
(Apr. 10, 1928, ch. 335, § 1, 45 Stat. 413; Aug. 22, 1949, ch. 494, § 1, 63 Stat. 623.)

Editorial Notes
Amendments1949—Act Aug. 22, 1949, substituted “to continue independently or in cooperation anthropological” for “for continuing ethnological” and inserted “and the natives of lands under the jurisdiction or protection of the United States”.

§ 70. Authorization of appropriations; cooperative work
There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $20,000, which shall be available until expended for the purposes stated in section 69 of this title: Provided, That at such time as the Smithsonian Institution is satisfied that any State, educational institution, or scientific organization in any of the United States is prepared to contribute to such investigation and when, in its judgment such investigation shall appear meritorious, the Secretary of the Smithsonian Institution may direct that an amount from this sum equal to that contributed by such State, educational institution, or scientific organization, not to exceed $2,000, to be expended from such sum in any one State during any calendar year, be made available for cooperative investigation: Provided further, That all such cooperative work and division of the result thereof shall be under the direction of the Secretary of the Smithsonian Institution: Provided further, That where lands are involved which are under the jurisdiction of the Bureau of Indian Affairs or the National Park Service, cooperative work thereon shall be under such regulations and conditions as the Secretary of the Interior may provide.
(Apr. 10, 1928, ch. 335, § 2, 45 Stat. 413.)

SUBCHAPTER II—NATIONAL GALLERY OF ART
§ 71. Designation of site
The area bounded by Seventh Street, Constitution Avenue, Fourth Street, and North Mall Drive, Northwest, in the District of Columbia, is appropriated to the Smithsonian Institution as a site for a National Gallery of Art. The Smithsonian Institution is authorized to permit the A. W. Mellon Educational and Charitable Trust (hereinafter referred to as the donor) to construct on said site for the Smithsonian Institution a building to be designated the National Gallery of Art, and to remove any existing structure and landscape the grounds within said area. The adjoining area bounded by Fourth Street, Pennsylvania Avenue, Third Street, and North Mall Drive, Northwest, in the District of Columbia, is reserved as a site for future additions to the National Gallery of Art. The project shall be in accordance with plans and specifications approved by the Commission of Fine Arts.
(Mar. 24, 1937, ch. 50, § 1, 50 Stat. 51.)

Statutory Notes and Related Subsidiaries
Smithsonian American Art MuseumPub. L. 106–385, Oct. 27, 2000, 114 Stat. 1463, provided that:
“SECTION 1. RENAMING OF NATIONAL MUSEUM OF AMERICAN ART.“(a) In General.—The National Museum of American Art, as designated under section 1 of Public Law 96–441 (20 U.S.C. 71 note), shall be known as the ‘Smithsonian American Art Museum’.

“(b) References in Law.—Any reference in any law, regulation, document, or paper to the National Museum of American Art shall be considered to be a reference to the Smithsonian American Art Museum.

“SEC. 2. EFFECTIVE DATE.

“Section 1 shall take effect on the day after the date of enactment of this Act [Oct. 27, 2000].”

Pub. L. 96–441, §§ 1, 3, 4, Oct. 13, 1980, 94 Stat. 1884, provided:
“That the bureau of the Smithsonian Institution designated as the National Collection of Fine Arts by section 6(c) of the joint resolution entitled ‘Joint Resolution providing for the construction and maintenance of a National Gallery of Art’, approved March 24, 1937 (20 U.S.C. 71 note), shall be known as the ‘National Museum of American Art’.
“Sec. 3. Any reference in any law, regulation, document, or paper to the National Collection of Fine Arts or the Museum of History and Technology shall on and after the effective date of this Act [Oct. 13, 1980] be considered to be a reference to the National Museum of American Art and the National Museum of American History, respectively.

“Sec. 4. This Act shall take effect on the day after the date of the enactment of this Act [Oct. 13, 1980].”

Act Mar. 24, 1937, ch. 50, 50 Stat. 51, sections 1 to 5 of which are incorporated as sections 71, 72 to 74, and 75 of this title, provided in section 6(c) that: “The existing bureau of the Smithsonian Institution now designated as a national gallery of art shall hereafter be known as the National Collection of Fine Arts.”

General Post Office Building; Transfer to Smithsonian Institution for Use as Art Galleries; Relocation of United States International Trade CommissionPub. L. 98–523, Oct. 19, 1984, 98 Stat. 2433, provided:
“That at such time as it is declared to be excess property pursuant to section 2(d) of this Act, the Administrator of General Services (hereinafter in this Act referred to as the ‘Administrator’) is authorized to transfer to the Smithsonian Institution, in accordance with section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) [now 40 U.S.C. 521–527, 529], without reimbursement, and for use by the Smithsonian Institution for certain art galleries and related functions, the General Post Office Building with any attached underground structures and the site of such building, located between Seventh and Eighth Streets Northwest and E and F Streets Northwest, in the District of Columbia.
“Sec. 2. (a) The Administrator, at the earliest practicable date, shall relocate all operations of the United States International Trade Commission (hereinafter in this Act referred to as the ‘Commission’) to a building in downtown Washington, District of Columbia. The Administrator’s determination as to such relocation shall be based on studies and investigations in which the Chairman of the Commission shall have full opportunity to consult and cooperate with the Administrator. Such consultation shall include opportunity for the Chairman to participate jointly with the Administrator in surveys of available buildings and to submit views and recommendations to the Administrator with respect to space suitable for the Commission’s operations. The Administrator shall advise the Chairman in writing of the building to which the operations of the Commission are to be relocated. The Administrator’s determination of such relocation shall not take effect for a period of at least sixty days after the date such determination is made and the Chairman is advised of the building to which the operations of the Commission are to be relocated. In the event the Chairman disagrees with the Administrator’s determination of such relocation, the Chairman, within thirty days after the Chairman is advised of the building to which the operations of the Commission are to be relocated, may make a written request for review of such determination to the Administrator, and the Administrator shall conduct a formal review of such determination.

“(b) The Administrator and the Chairman shall each report separately in writing to the Committees on Environment and Public Works, Finance, Rules and Administration, and Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and to the Committees on Public Works and Transportation, Ways and Means, House Administration, and Government Operations of the House of Representatives not later than sixty days after the date of enactment of this Act [Oct. 19, 1984] and every thirty days thereafter on the status of the relocation required by this section.

“(c) During the period in which the Commission and the United States Postal Service continue to occupy the General Post Office Building referred to in the first section of this Act, the Administrator shall maintain such building in order to prevent its deterioration and to assure that conditions therein are safe and the building is presentable and suitable to the normal operations of the Commission and such Service.

“(d) Upon accomplishment of the relocation required by subsection (a) of this section, the Administrator shall declare the property referred to in the first section of this Act to be excess property as defined in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472) [now 40 U.S.C. 102].

“Sec. 3. There is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $40,000,000 for fiscal years beginning after September 30, 1984, for renovation and repair, after the transfer made under the first section of this Act, of the General Post Office Building referred to in such section. Any portion of the sums appropriated under this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such renovation and repair. No contract for such renovation or repair shall be advertised or entered into before the end of the period of thirty days of continuous session of Congress beginning on the date the Smithsonian Institution submits to the Committees on Public Works and Transportation and House Administration of the House of Representatives and the Committees on Environment and Public Works and Rules and Administration of the Senate the plans and advanced engineering and design for such renovation and repair. For purposes of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.”

§ 71a. Additions; payment of construction costs from trust funds
The Trustees of the National Gallery of Art are authorized to construct within the area reserved as a site for future additions by the third sentence of section 71 of this title one or more buildings to serve as additions to the National Gallery of Art. The cost of constructing any such building shall be paid from trust funds administered by such Trustees. The plans and specifications for any such building shall be approved by the Commission of Fine Arts and the National Capital Planning Commission.
(Pub. L. 90–376, § 1, July 5, 1968, 82 Stat. 286.)

Editorial Notes
Codification
Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter.

Statutory Notes and Related Subsidiaries
Transfer of JurisdictionPub. L. 90–376, § 4, July 5, 1968, 82 Stat. 286, provided that: “The Commissioner [Mayor] of the District of Columbia is authorized to transfer to the United States such jurisdiction as the District of Columbia may have over any of the property within the area referred to in the first section of this Act [this section].”

Public Utility: Payment of Cost of Relocation or Protection From Trust FundsPub. L. 90–376, § 5, July 5, 1968, 82 Stat. 286, provided that: “If any public utility (whether privately or publicly owned) located within the area referred to in the first section of this Act [this section] is required to be relocated or protected by reason of the construction within such area of any addition to the National Gallery of Art, the cost of such relocation or protection shall be paid from trust funds administered by the Trustees of the National Gallery of Art.”

§ 71b. Status of completed addition
Any building constructed under authority of section 71a of this title shall, upon completion, be a part of the National Gallery of Art.
(Pub. L. 90–376, § 2, July 5, 1968, 82 Stat. 286.)

Editorial Notes
Codification
Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter.

§ 72. Board of Trustees(a) EstablishmentThere is established in the Smithsonian Institution a bureau, which shall be directed by a board to be known as the Trustees of the National Gallery of Art, whose duty it shall be to maintain and administer the National Gallery of Art and site thereof and to execute such other functions as are vested in the board by this subchapter. The board shall be composed as follows: The Chief Justice of the United States, the Secretary of State, the Secretary of the Treasury, and the Secretary of the Smithsonian Institution, ex officio; and five general trustees who shall be citizens of the United States, to be chosen as hereinafter provided. No officer or employee of the Federal Government shall be eligible to be chosen as a general trustee.

(b) Method of selection; term of officeThe general trustees first taking office shall be chosen by the Board of Regents of the Smithsonian Institution, subject to the approval of the donor, and shall have terms expiring one each on July 1 of 1939, 1941, 1943, 1945, and 1947, as designated by the Board of Regents. A successor shall be chosen by a majority vote of the general trustees and shall have a term expiring ten years from the date of the expiration of the term for which his predecessor was chosen, except that a successor chosen to fill a vacancy occurring prior to the expiration of such term shall be chosen only for the remainder of such term.

(Mar. 24, 1937, ch. 50, § 2, 50 Stat. 52.)

Statutory Notes and Related Subsidiaries

Delegation of Functions by Secretary of State to Director of United States Information Agency
Pub. L. 95–426, title II, § 205, Oct. 7, 1978, 92 Stat. 975, as amended by Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291, provided that: “The Secretary of State may delegate to the Director of the United States Information Agency, with the consent of the Director, the functions vested in the Secretary by section 2(a) of the joint resolution entitled ‘Joint Resolution providing for the construction and maintenance of a National Gallery of Art’, approved March 24, 1937 (20 U.S.C. 72(a)).”

[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]

§ 73. Acceptance of gift from A. W. Mellon
Upon completion of the National Gallery of Art, the board shall accept for the Smithsonian Institution as a gift from the donor a collection of works of art which shall be housed and exhibited in the National Gallery of Art.
(Mar. 24, 1937, ch. 50, § 3, 50 Stat. 52.)

§ 74. Maintenance(a) Pledge of funds for upkeep; authorization of appropriationsThe faith of the United States is pledged that, on completion of the National Gallery of Art by the donor in accordance with the terms of this subchapter and the acquisition from the donor of the collection of works of art, the United States will provide such funds as may be necessary for the upkeep of the National Gallery of Art and the administrative expenses and costs of operation thereof, including the protection and care of works of art acquired by the board, so that the National Gallery of Art shall be at all times properly maintained and the works of art contained therein shall be exhibited regularly to the general public free of charge. For these purposes, and to provide, prior to the completion of the National Gallery of Art, for the protection and care of the works of art in said Gallery and for administrative and operating expenses and equipment preparatory to the opening of the Gallery to the public, there are authorized to be appropriated such sums as may be necessary.

(b) Acceptance of gifts and other property; investment of fundsThe board is authorized to accept for the Smithsonian Institution and to hold and administer gifts, bequests, or devises of money, securities, or other property of whatsoever character for the benefit of the National Gallery of Art. Unless otherwise restricted by the terms of the gift, bequest, or devise, the board is authorized to sell or exchange and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other property composing trust funds given, bequeathed, or devised to or for the benefit of the National Gallery of Art. The income as and when collected shall be placed in such depositaries as the board shall determine and shall be subject to expenditure by the board.

(c) Appointment and compensation of officers and employeesThe board shall appoint and fix the compensation and duties of a director, an assistant director, a secretary, and a chief curator of the National Gallery of Art, and of such other officers and employees of the National Gallery of Art as may be necessary for the efficient administration of the functions of the board. Such director, assistant director, secretary, and chief curator shall be compensated from trust funds available to the board for the purpose, and their appointment and salaries shall not be subject to the civil-service laws or chapter 51 and subchapter III of chapter 53 of title 5. The director, assistant director, secretary, and chief curator shall be well qualified by experience and training to perform the duties of their office and the original appointment to each such office shall be subject to the approval of the donor.

(d) Review of actions of boardThe actions of the board, including any payment made or directed to be made by it from any trust funds, shall not be subject to review by any officer or agency other than a court of law.

(Mar. 24, 1937, ch. 50, § 4, 50 Stat. 52; Apr. 13, 1939, ch. 61, 53 Stat. 577; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.)

Editorial Notes
Codification
In subsec. (c), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments1949—Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
1939—Subsec. (a). Act Apr. 13, 1939, inserted in last sentence “and to provide, prior to the completion of the National Gallery of Art, for the protection and care of the works of art in said Gallery and for administrative and operating expenses and equipment preparatory to the opening of the Gallery to the public”.

Statutory Notes and Related Subsidiaries
RepealsAct Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.

§ 74a. Permanent loan of funds by Board of Trustees to Treasury; semiannual interest payments to Board
The Secretary of the Treasury is authorized and directed to receive into the Treasury from time to time as a permanent loan by the Board of Trustees of the National Gallery of Art to the United States sums in cash of not to exceed $5,000,000 in the aggregate, and to pay interest on the principal amount of such loan at a rate which is the higher of the rate of 4 per centum per annum or a rate which is .25 percentage points less than a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding long-term marketable obligations of the United States, adjusted to the nearest one-eighth of 1 per centum, payable semiannually. Such interest is permanently appropriated for payment to the Board of Trustees of the National Gallery of Art.
(Apr. 10, 1943, ch. 46, 57 Stat. 62; Pub. L. 94–418, Sept. 21, 1976, 90 Stat. 1278.)

Editorial Notes
Codification
Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter.

Amendments1976—Pub. L. 94–418 inserted provision authorizing alternate interest rate to existing interest rate of 4 per centum per annum.

§ 75. Authority and functions of the board(a) Official seal; bylaws, rules, and regulations; quorumThe board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations, as it deems necessary for the administration of its functions under this subchapter, including, among other matters, bylaws, rules, and regulations relating to the acquisition, exhibition, and loan of works of art, the administration of its trust funds, and the organization and procedure of the board. The board may function notwithstanding vacancies, and three members of the board shall constitute a quorum for the transaction of business.

(b) Quality of works of artIn order that the collection of the National Gallery of Art shall always be maintained at a high standard and in order to prevent the introduction therein of inferior works of art, no work of art shall be included in the permanent collection of the National Gallery of Art unless it be of similar high standard of quality to those in the collection acquired from the donor.

(c) Powers and obligationsThe board shall have all the usual powers and obligations of a trustee in respect of all trust funds administered by it and all works of art acquired by it.

(d) Annual reportsThe board shall submit to the Smithsonian Institution an annual report of its operations under this subchapter, including a detailed statement of all acquisitions and loans of works of art and of all public and private moneys received and disbursed.

(Mar. 24, 1937, ch. 50, § 5, 50 Stat. 53.)

SUBCHAPTER III—NATIONAL PORTRAIT GALLERY
§ 75a. Definitions
For the purposes of this subchapter—(a) The term “Board” means the Board of Regents of the Smithsonian Institution.

(b) The term “Commission” means the National Portrait Gallery Commission as provided for in this subchapter.

(c) The term “Gallery” means the National Portrait Gallery established by this subchapter.

(d) The term “gift” includes a gift, bequest, or devise, whether outright or in trust, and any legal instrument by which the gift is effected.

(e) The term “portraiture” includes portraits and reproductions thereof made by any means or process, whether invented or developed heretofore or hereafter.

(Pub. L. 87–443, § 2, Apr. 27, 1962, 76 Stat. 62; Pub. L. 94–209, Feb. 5, 1976, 90 Stat. 30.)

Editorial Notes
Amendments1976—Subsec. (e). Pub. L. 94–209 substituted “includes portraits and reproductions thereof made by any means or process, whether invented or developed heretofore or hereafter” for “for purposes of this subchapter shall mean painted or sculptured likenesses”.

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 87–443, § 1, Apr. 27, 1962, 76 Stat. 62, provided: “That this Act [enacting this subchapter] may be cited as the ‘National Portrait Gallery Act’.”

§ 75b. Establishment of National Portrait Gallery; functions(a) There is established in the Smithsonian Institution a bureau which shall be known as the National Portrait Gallery. The functions of such bureau shall be those authorized by this subchapter. The use for the purposes of the Gallery of any part of the building transferred to the Smithsonian Institution pursuant to the Act of March 28, 1958 (72 Stat. 68), is authorized.

(b) The Gallery shall function as a free public museum for the exhibition and study of portraiture and statuary depicting men and women who have made significant contributions to the history, development, and culture of the people of the United States and of the artists who created such portraiture and statuary.

(Pub. L. 87–443, § 3, Apr. 27, 1962, 76 Stat. 62.)

Editorial Notes

References in TextAct of March 28, 1958, referred to in subsec. (a), is act Mar. 28, 1958, Pub. L. 85–357, 72 Stat. 68, which was not classified to the Code.

Statutory Notes and Related Subsidiaries
Patent Office Building ImprovementsPub. L. 108–72, § 3, Aug. 15, 2003, 117 Stat. 888, provided that:
“(a) Authorization of Use of Funds.—“(1) In general.—The Board of Regents of the Smithsonian Institution may plan, design, and construct improvements to the interior and exterior of the Patent Office Building (including the construction of a roof covering for the courtyard), using funds available to the Institution from nonappropriated sources.

“(2) Definition.—In this section, the term ‘Patent Office Building’ means the building transferred to the Smithsonian Institution pursuant to Public Law 85–357 [72 Stat. 68].

“(b) Design and Specifications.—The design and specifications for any exterior alterations authorized by subsection (a) shall be—“(1) submitted by the Secretary of the Smithsonian Institution (referred to in this section as the ‘Secretary’) to the Commission of Fine Arts for comments and recommendations; and

“(2) subject to the review and approval of the National Capital Planning Commission in accordance with section 8722 of title 40, United States Code, and section 16 of the Act of June 20, 1938 (sec. 6–641.15, D.C. Official Code).

“(c) Authority of Historic Preservation Agencies.—“(1) In general.—The Secretary shall—“(A) take into account the effect of the improvements authorized by subsection (a) on the historic character of the Patent Office Building; and

“(B) provide the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to such improvements.

“(2) Status of smithsonian.—In carrying out this subsection, and in carrying out other projects in the District of Columbia which are subject to the review and approval of the National Capital Planning Commission in accordance with section 16 of the Act of June 20, 1938 (sec. 6–641.15, D.C. Official Code), the Smithsonian Institution shall be deemed to be an agency for purposes of compliance with regulations promulgated by the Advisory Council on Historic Preservation pursuant to section 106 of the National Historic Preservation Act ([former] 16 U.S.C. 470f) [see 54 U.S.C. 306108].”

§ 75c. Creation of National Portrait Gallery Commission; members; functions; powers
There is created the National Portrait Gallery Commission. The number, manner of appointment and tenure of the members of the Commission shall be such as the Board may from time to time prescribe. The Board may delegate to the Commission any function of the Gallery or any function of the Board with respect to the Gallery. The Board may make rules and regulations for the conduct of the affairs of the Commission and the operation of the Gallery, and to the extent and under such limitations as the Board deems advisable, the Board may delegate to the Commission the power to make such rules and regulations.
(Pub. L. 87–443, § 4, Apr. 27, 1962, 76 Stat. 62.)

§ 75d. Acceptance of gifts; title to property(a) The Board is authorized to accept for the Smithsonian Institution gifts of any property for the benefit of the Gallery.

(b) Legal title to all property (except property of the United States) held for the use or benefit of the Gallery shall be vested in the Smithsonian Institution. Subject to any limitations otherwise expressly provided by law, and, in the case of any gift, subject to any applicable restrictions under the terms of such gift, the Board is authorized to sell, exchange, or otherwise dispose of any property of whatsoever nature held by it, and to invest in, reinvest in, or purchase any property of whatsoever nature for the benefit of the National Portrait Gallery.

(Pub. L. 87–443, § 5, Apr. 27, 1962, 76 Stat. 62.)

§ 75e. Powers of Board
For the purpose of carrying out any function authorized by section 75b of this title, the Board may—(1) purchase, accept, borrow, or otherwise acquire portraiture, statuary, and other items for preservation, exhibition, or study. The Board may acquire any such item on the basis of its general historical interest, its artistic merit, or the historical significance of the individual to which it relates, or any combination of any such factors. The Board may acquire period furniture and other items to enhance its displays of portraiture and statuary.

(2) preserve or restore any item acquired pursuant to paragraph (1).

(3) display, loan, store, or otherwise hold any such item.

(4) sell, exchange, donate, return, or otherwise dispose of any such item.

(Pub. L. 87–443, § 6, Apr. 27, 1962, 76 Stat. 63.)

§ 75f. Director; appointment and compensation; officers and employees(a) The Board may appoint and fix the compensation and duties of a director of the Gallery, and his appointment and salary shall not be subject to the civil-service laws or chapter 51 and subchapter III of chapter 53 of title 5. The Board may employ such other officers and employees as may be necessary for the efficient administration, operation, and maintenance of the Gallery.

(b) The Board may delegate to the Secretary of the Smithsonian Institution, as well as to the Commission, any of its functions pursuant to subsection (a) of this section.

(Pub. L. 87–443, § 7, Apr. 27, 1962, 76 Stat. 63.)

Editorial Notes
Codification
In subsec. (a), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, § 7(b) Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§ 75g. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.
(Pub. L. 87–443, § 8, Apr. 27, 1962, 76 Stat. 63.)

SUBCHAPTER IV—SMITHSONIAN GALLERY OF ART
§§ 76, 76a. Omitted
Editorial Notes
Codification
Section 76, act May 17, 1938, ch. 238, § 1, 52 Stat. 399, directed National Capital Park and Planning Commission to designate and President to assign a site for a building to house and display national collections of fine arts, portraits of eminent Americans, and works of artists deserving of recognition.
Section 76a, act May 17, 1938, ch. 238, § 2, 52 Stat. 399, created Smithsonian Gallery of Art Commission which terminated upon approval by Regents of Smithsonian Institution of design for buildings and grounds.

§ 76b. Functions of Regents(a) Solicitation of construction fundsThe Regents are authorized to solicit and receive subscriptions of funds from private sources for the purposes specified in this subsection. Funds so received shall be placed in a special deposit account with the Treasurer of the United States, and may be expended by the Regents to meet the cost of the construction of the building, including furnishings and equipment thereof, to obtain necessary drawings and specifications, make necessary surveys and estimates of cost, defray necessary administrative expenses, and secure other needful services.

(b) Construction of buildingThe Regents may, subject to the approval of the President, authorize the preparation of the site and the construction of the building, including approaches and landscaping of the grounds: Provided, That the Administrator of General Services shall supervise the preparation of the plans and specifications, make all necessary contracts, and supervise construction.

(c) Name of building; supervision and controlThe name of the building shall be the Smithsonian Gallery of Art (hereinafter referred to as the “Gallery”), and it shall be under the supervision and control of the Regents and the Secretary of the Smithsonian Institution.

(May 17, 1938, ch. 238, § 3, 52 Stat. 400; 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

Statutory Notes and Related Subsidiaries

Transfer of Functions
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, transferred to Administrator of General Services, and Federal Works Agency and office of Federal Works Administrator abolished by section 103 of act June 30, 1949. See Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40.

Executive Documents

Transfer of Functions
Functions of Director of Procurement relating to selection of location and sites of public buildings transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

§ 76c. Policy to foster appreciation of past and contemporary art(a) Solicitations of private donationsIt shall be the policy of the Regents to maintain a worthy standard for the acceptance of art objects for exhibition in the Gallery, and to foster by public exhibitions from time to time in Washington, and other parts of the United States a growing appreciation of art, both of past and contemporary time; and the Regents are authorized to solicit and receive private donations of works of art and contributions of funds from private sources for the purchase of works of art. Funds so received shall be placed in a special deposit account with the Treasurer of the United States and may be expended by the Regents for the purchase of works of art.

(b) Solicitation of funds to acquire and sell works of art, employ artists, award scholarships, etc.In order to encourage the development of contemporary art and to effect the widest distribution and cultivation in matters of such art, the Regents are authorized to solicit and receive funds from private sources, to acquire (by purchase or otherwise) and sell contemporary works of art or copies thereof, to employ artists and other personnel, award scholarships, conduct exhibitions, and generally to do such things and have such other powers as will effectuate the purposes of this subsection. Funds received by the Regents under this subsection shall be placed in a special deposit account with the Treasurer of the United States and may be expended by the Regents for the purposes enumerated in this subsection and for no other purposes: Provided, That the Regents shall not incur any obligations under this subsection in excess of the funds available therefor.

(May 17, 1938, ch. 238, § 4, 52 Stat. 400.)

§ 76d. Donations of works of art from Government agencies
The Administrator of General Services and other agencies of the Government are authorized to donate to the Gallery any works of art now or hereafter under their control.
(May 17, 1938, ch. 238, § 5, 52 Stat. 401; 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 FR 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.)

Statutory Notes and Related Subsidiaries

Transfer of Functions
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, transferred to Administrator of General Services, and Federal Works Agency and office of Federal Works Administrator abolished by section 103 of act June 30, 1949. See Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40.

Executive Documents

Transfer of Functions
Public Buildings Branch of Procurement Division in Treasury Department and Public Works Administration and other agencies were consolidated into Federal Works Agency, and functions transferred to Federal Works Administrator, by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

§ 76e. Housing or exhibiting objects of art possessed by Smithsonian Institution
Such objects of art as the Government or the Smithsonian Institution now possess, or such as may hereafter be acquired, may be housed or exhibited in the Gallery, with the approval of and under such regulations as the Regents and Secretary of the Smithsonian Institution may prescribe.
(May 17, 1938, ch. 238, § 6, 52 Stat. 401.)

§ 76f. Appointment, compensation, and duties of Director of Gallery; personnel
The Regents may appoint and fix the compensation and duties of a Director of the Gallery and may employ such other officers and employees as may be necessary for the efficient operation and administration of the Gallery.
(May 17, 1938, ch. 238, § 7, 52 Stat. 401.)

§ 76g. Authorization of appropriations
There are authorized to be appropriated annually such sums as may be necessary to maintain and administer the Gallery, including the salaries of the Director and of other necessary officers and employees, and for special public exhibitions at Washington and elsewhere.
(May 17, 1938, ch. 238, § 8, 52 Stat. 401.)

SUBCHAPTER V—JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
§ 76h. Board of Trustees(a) Establishment(1) In generalThere is established in the Smithsonian Institution a bureau, which shall be directed by a board to be known as the Trustees of the John F. Kennedy Center for the Performing Arts (hereafter in this subchapter referred to as the “Board”), whose duty it shall be to maintain and administer the John F. Kennedy Center for the Performing Arts and site thereof as the National Center for the Performing Arts, a living memorial to John Fitzgerald Kennedy, and to execute such other functions as are vested in the Board by this subchapter.

(2) MembershipThe Board shall be composed of—(A) the Secretary of Health and Human Services;

(B) the Librarian of Congress;

(C) the Secretary of State;

(D) the Chairman of the Commission of Fine Arts;

(E) the Mayor of the District of Columbia;

(F) the Superintendent of Schools of the District of Columbia;

(G) the Director of the National Park Service;

(H) the Secretary of Education;

(I) the Secretary of the Smithsonian Institution;

(J)(i) the Speaker and the Minority Leader of the House of Representatives;

(ii) the chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives; and

(iii) three additional Members of the House of Representatives appointed by the Speaker of the House of Representatives;

(K)(i) the Majority Leader and the Minority Leader of the Senate;

(ii) the chairman and ranking minority member of the Committee on Environment and Public Works of the Senate; and

(iii) three additional Members of the Senate appointed by the President of the Senate; and

(L) thirty-six general trustees, who shall be citizens of the United States, to be appointed in accordance with subsection (b).

(b) General trusteesThe general trustees shall be appointed by the President of the United States. Each trustee shall hold office as a member of the Board for a term of 6 years, except that—(1) any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of the term;

(2) a member shall continue to serve until the successor of the member has been appointed; and

(3) the term of office of a member appointed before July 21, 1994, shall expire as designated at the time of appointment.

(c) Advisory Committee on the ArtsThere shall be an Advisory Committee on the Arts composed of such members as the President of the United States may designate, to serve at the pleasure of the President. Persons appointed to the Advisory Committee on the Arts, including officers or employees of the United States, shall be persons who are recognized for their knowledge of, or experience or interest in, one or more of the arts in the fields covered by the John F. Kennedy Center for the Performing Arts. The President shall designate the Chairman of the Advisory Committee on the Arts. In making such appointments the President shall give consideration to such recommendations as may from time to time be submitted to him by leading national organizations in the appropriate art fields. The Advisory Committee on the Arts shall advise and consult with the Board and make recommendations to the Board regarding existing and prospective cultural activities to be carried out by the John F. Kennedy Center for the Performing Arts. The Advisory Committee on the Arts shall assist the Board in carrying out section 76k(a) of this title. Members of the Advisory Committee on the Arts shall serve without compensation.

(Pub. L. 85–874, § 2, Sept. 2, 1958, 72 Stat. 1698; Pub. L. 88–100, §§ 1, 2, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103–279, § 2(b)(1), (c), (d), July 21, 1994, 108 Stat. 1409, 1410; Pub. L. 107–117, div. D, title II, § 201(a), Jan. 10, 2002, 115 Stat. 2353; Pub. L. 110–338, § 2, Oct. 3, 2008, 122 Stat. 3731.)

Editorial Notes
Amendments2008—Subsec. (a)(2)(J)(ii). Pub. L. 110–338 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
2002—Subsec. (a). Pub. L. 107–117 designated existing provisions as par. (1), inserted par. heading, struck out “hereby” before “established”, struck out second sentence, and added par. (2). Prior to amendment, second sentence read as follows: “The Board shall be composed as follows: The Secretary of Health and Human Services, the Librarian of Congress, the Director of the United States Information Agency, the Chairman of the Commission of Fine Arts, the Mayor of the District of Columbia, the Superintendent of Schools of the District of Columbia, the Director of the National Park Service, the Secretary of Education, the Secretary of the Smithsonian Institution, the chairman and ranking minority member of the Committee on Public Works and Transportation of the House of Representatives and 3 additional Members of the House of Representatives appointed by the Speaker of the House of Representatives, and the chairman and ranking minority member of the Committee on Environment and Public Works of the Senate and 3 additional Members of the Senate appointed by the President of the Senate ex officio; and thirty general trustees who shall be citizens of the United States, to be chosen as hereinafter provided.”
1994—Pub. L. 103–279, § 2(b)(1)(A), substituted section catchline for former section catchline.
Subsec. (a). Pub. L. 103–279, § 2(b)(1)(A), inserted heading, in first sentence inserted “as the National Center for the Performing Arts, a living memorial to John Fitzgerald Kennedy,” after “and site thereof”, and in second sentence substituted “Superintendent of Schools of the District of Columbia” for “Chairman of the District of Columbia Recreation Board” and “the chairman and ranking minority member of the Committee on Public Works and Transportation of the House of Representatives and 3 additional Members of the House of Representatives appointed by the Speaker of the House of Representatives, and the chairman and ranking minority member of the Committee on Environment and Public Works of the Senate and 3 additional Members of the Senate appointed by the President of the Senate” for “three Members of the Senate appointed by the President of the Senate, and three Members of the House of Representatives appointed by the Speaker of the House of Representatives”.
Subsec. (b). Pub. L. 103–279, § 2(c), inserted heading and amended text generally. Prior to amendment, text read as follows: “The general trustees shall be appointed by the President of the United States and each such trustee shall hold office as a member of the Board for a term of ten years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, (2) the terms of any members appointed prior to August 19, 1963, shall expire as designated by the President at the time of appointment, and (3) the terms of the first fifteen members appointed to the Board pursuant to the amendments made by the National Cultural Center Amendments Act of 1963 shall expire, as designated by the President at the time of appointment, three on September 1, 1964, three on September 1, 1966, three on September 1, 1968, three on September 1, 1970, and three on September 1, 1972.”
Subsec. (c). Pub. L. 103–279, § 2(d), inserted heading, inserted “of the United States” before “may designate” in first sentence, substituted “carried out by the John” for “carried on in the John” in fifth sentence, and struck out before period at end of last sentence “, but each member of such Committee shall be reimbursed for travel, subsistence, and other necessary expenses incurred by him in connection with the work of such Committee”.
1964—Subsecs. (a), (c). Pub. L. 88–260 substituted “John F. Kennedy Center for the Performing Arts” for “National Cultural Center” wherever appearing.
1963—Subsec. (a). Pub. L. 88–100, § 1, substituted “thirty” for “fifteen” after “ex officio; and”.
Subsec. (b). Pub. L. 88–100, § 2, inserted provisions governing the terms of the additional fifteen general trustees added to the Board by section 1 of Pub. L. 88–100.

Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPub. L. 103–279, § 2(b)(2), July 21, 1994, 108 Stat. 1410, provided that:
“(A) Superintendent of schools of the district of columbia.—The amendment made by paragraph (1)(C)(i) [amending this section] shall take effect on the date of expiration of the term of the Chairman of the District of Columbia Recreation Board serving as a trustee of the John F. Kennedy Center for the Performing Arts on the date of enactment of this Act [July 21, 1994].

“(B) Members of congress.—The amendment made by paragraph (1)(C)(ii) [amending this section] shall take effect on the date of enactment of this Act.”

Short Title of 2019 AmendmentPub. L. 116–94, div. P, title VI, § 601, Dec. 20, 2019, 133 Stat. 3194, provided that: “This title [amending section 76r of this title and enacting provisions set out as a note under section 76j of this title] may be cited as the ‘John F. Kennedy Center Reauthorization Act of 2019’.”

Short Title of 2012 AmendmentPub. L. 112–131, § 1, June 8, 2012, 126 Stat. 377, provided that: “This Act [amending sections 76i and 76r of this title] may be cited as the ‘John F. Kennedy Center Reauthorization Act of 2012’.”

Short Title of 2008 AmendmentPub. L. 110–338, § 1, Oct. 3, 2008, 122 Stat. 3731, provided that: “This Act [enacting section 76m of this title, amending this section and section 76r of this title, and enacting provisions set out as a note under this section] may be cited as the ‘John F. Kennedy Center Reauthorization Act of 2008’.”

Short Title of 2004 AmendmentPub. L. 108–410, § 1, Oct. 30, 2004, 118 Stat. 2303, provided that: “This Act [amending sections 76q–1 and 76r of this title] may be cited as the ‘John F. Kennedy Center Reauthorization Act of 2004’.”

Short Title of 2002 AmendmentPub. L. 107–224, § 1, Sept. 18, 2002, 116 Stat. 1340, provided that: “This Act [enacting section 76q–1 of this title and amending sections 76j, 76r, and 76s of this title] may be cited as the ‘John F. Kennedy Center Plaza Authorization Act of 2002’.”

Short Title of 1998 AmendmentPub. L. 105–226, § 1, Aug. 12, 1998, 112 Stat. 1513, provided that: “This Act [amending sections 76j, 76l, and 76r of this title] may be cited as the ‘John F. Kennedy Center for the Performing Arts Authorization Act of 1998’.”

Short Title of 1997 AmendmentPub. L. 105–95, § 1, Nov. 19, 1997, 111 Stat. 2148, provided that: “This Act [amending sections 76i to 76k and 76s of this title and section 193v of former Title 40, Public Buildings, Property, and Works] may be cited as the ‘John F. Kennedy Center Parking Improvement Act of 1997’.”

Short Title of 1994 AmendmentPub. L. 103–279, § 1, July 21, 1994, 108 Stat. 1409, provided that: “This Act [enacting sections 76r and 76s of this title, amending this section, sections 76j, 76k, 76l, and 76p of this title, and sections 193r, 193u, and 193v of former Title 40, Public Buildings, Property, and Works, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the ‘John F. Kennedy Center Act Amendments of 1994’.”

Short Title of 1984 AmendmentPub. L. 98–473, title I, § 101(c), Oct. 12, 1984, 98 Stat. 1837, 1876, provided that: “The following [amending section 76o of this title] may be cited as ‘The John F. Kennedy Center Act Amendments of 1984’.”

Short Title of 1963 AmendmentPub. L. 88–100, § 5, Aug. 19, 1963, 77 Stat. 128, provided that: “This Act [amending this section and sections 76l and 76m of this title] may be cited as the ‘National Cultural Center Amendments Act of 1963’.”

Short TitleSection 1(a), formerly § 1, of Pub. L. 85–874, as amended by Pub. L. 88–260, § 1(1), Jan. 23, 1964, 78 Stat. 4; redesignated § 1(a), Pub. L. 103–279, § 2(a)(1), July 21, 1994, 108 Stat. 1409, provided that: “This Act [enacting this subchapter] may be cited as the ‘John F. Kennedy Center Act’.”

Existing AuthoritiesPub. L. 110–338, § 5, Oct. 3, 2008, 122 Stat. 3732, provided that: “Nothing in this Act [see Short Title of 2008 Amendment note above] limits or otherwise affects the authority or responsibility of the National Capital Planning Commission or the Commission of Fine Arts.”

Terms of Office for New General TrusteesPub. L. 107–117, div. D, title II, § 201(b), Jan. 10, 2002, 115 Stat. 2354, provided that:
“Section 2(b) of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall apply to each general trustee of the John F. Kennedy Center for the Performing Arts whose position is established by the amendment made by subsection (a)(2) [amending this section] (referred to in this subsection as a ‘new general trustee’), except that the initial term of office of each new general trustee shall—
“(1) commence on the date on which the new general trustee is appointed by the President; and

“(2) terminate on September 1, 2007.”

National Cultural Center; Designation or ReferencesPub. L. 88–260, § 2, Jan. 23, 1964, 78 Stat. 5, provided that: “In addition to the amendments made by the first section of this Act [enacting sections 76n to 76q, and amending sections 76h to 76q of this title], any designation or reference to the National Cultural Center in any other law, map, regulation, document, record, or other paper of the United States shall be held to designate or refer to such Center as the John F. Kennedy Center for the Performing Arts.”

Congressional FindingsSection 1(b) of Pub. L. 85–874, as added by Pub. L. 103–279, § 2(a)(2), July 21, 1994, 108 Stat. 1409, provided that:
“Congress finds that—
“(1) the late John Fitzgerald Kennedy served with distinction as President of the United States and as a Member of the Senate and the House of Representatives;

“(2) by the untimely death of John Fitzgerald Kennedy the United States and the world have suffered a great loss;

“(3) the late John Fitzgerald Kennedy was particularly devoted to education and cultural understanding and the advancement of the performing arts;

“(4) it is fitting and proper that a living institution of the performing arts, designated as the National Center for the Performing Arts, named in the memory and honor of this great leader, shall serve as the sole national monument to his memory within the District of Columbia and its environs;

“(5) such a living memorial serves all of the people of the United States by preserving, fostering, and transmitting the performing arts traditions of the people of the United States and other countries by producing and presenting music, opera, theater, dance, and other performing arts; and

“(6) such a living memorial should be housed in the John F. Kennedy Center for the Performing Arts, located in the District of Columbia.”

§ 76i. John F. Kennedy Center for the Performing Arts(a) In generalThe Board shall construct for the Smithsonian Institution, with funds raised by voluntary contributions, a building to be designated as the John F. Kennedy Center for the Performing Arts on a site in the District of Columbia bounded by the Inner Loop Freeway on the east, the Theodore Roosevelt Bridge approaches on the south, Rock Creek Parkway on the west, New Hampshire Avenue and F Street on the north, which shall be selected for such purpose by the National Capital Planning Commission. The National Capital Planning Commission shall acquire by purchase, condemnation, or otherwise, lands necessary to provide for the John F. Kennedy Center for the Performing Arts and related facilities. Such building shall be in accordance with plans and specifications approved by the Commission of Fine Arts.

(b) Parking garage additions and site improvements(1) In generalSubstantially in accordance with the plan entitled “Site Master Plan—Drawing Number 1997–2 April 29, 1997,” and map number NCR 844/82571, the Board may design and construct—(A) an addition to the parking garage at each of the north and south ends of the John F. Kennedy Center for the Performing Arts; and

(B) site improvements and modifications.

(2) AvailabilityThe plan shall be on file and available for public inspection in the office of the Secretary of the Center.

(3) Limitation on use of appropriated fundsNo appropriated funds may be used to pay the costs (including the repayment of obligations incurred to finance costs) of—(A) the design and construction of an addition to the parking garage authorized under paragraph (1)(A);

(B) the design and construction of site improvements and modifications authorized under paragraph (1)(B) that the Board specifically designates will be financed using sources other than appropriated funds; or

(C) any project to acquire large screen format equipment for an interpretive theater, or to produce an interpretive film, that the Board specifically designates will be financed using sources other than appropriated funds.

(c) Expansion project(1) Authority to construct(A) In generalSubject to the requirements of this subsection, the Board may undertake such activities as may be necessary to construct the expansion project.

(B) Responsibilities of the BoardThe Board may construct the expansion project, and shall be responsible for the planning, design, engineering, and construction of the expansion project.

(C) Limitations(i) MissionAll activities carried out under this paragraph shall be within the mission of the John F. Kennedy Center for the Performing Arts to serve as the national center for the performing arts.

(ii) FundingThe costs of planning, design, engineering, and construction of the expansion project shall be paid for using nonappropriated funds.

(2) Annual operations and maintenance costs(A) EstimatesBefore awarding a contract for construction of the expansion project, the Board shall estimate any additional annual operations and maintenance costs (or savings) associated with the project.

(B) Budget requestsThe Board shall account for any additional costs identified under subparagraph (A) in making a budget request for fiscal year 2014 and each fiscal year thereafter.

(C) Budget prioritiesThe Board shall base a final determination on whether to proceed with the expansion project on the ability of the Board to accommodate any additional costs identified under subparagraph (A) within the other budget priorities of the Board.

(3) AcknowledgmentsThe Board may acknowledge private contributions used in carrying out the expansion project in the interior of the project, but may not acknowledge such private contributions on the exterior of the project. Any acknowledgment of private contributions under this paragraph shall be consistent with the requirements of section 76j(b) of this title.

(4) Expansion project definedIn this subsection, the term “expansion project” means an addition to the south end of the building of the John F. Kennedy Center for the Performing Arts that—(A) is less than 100,000 square feet;

(B) will improve the existing (as of June 8, 2012) accessibility and education functions of the Center; and

(C) will become part of the existing (as of June 8, 2012) structure of the Center.

(Pub. L. 85–874, § 3, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 105–95, § 2, Nov. 19, 1997, 111 Stat. 2148; Pub. L. 112–131, § 2, June 8, 2012, 126 Stat. 377.)

Editorial Notes
Amendments2012—Subsec. (c). Pub. L. 112–131 added subsec. (c).
1997—Pub. L. 105–95 substituted section catchline for former section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
1964—Pub. L. 88–260 substituted “John F. Kennedy Center for the Performing Arts” for “National Cultural Center” wherever appearing.

§ 76j. Duties of Board(a) Programs, activities, and goals(1) In generalThe Board shall—(A) present classical and contemporary music, opera, drama, dance, and other performing arts from the United States and other countries;

(B) promote and maintain the John F. Kennedy Center for the Performing Arts as the National Center for the Performing Arts—(i) by developing and maintaining a leadership role in national performing arts education policy and programs, including developing and presenting original and innovative performing arts and educational programs for children, youth, families, adults, and educators designed specifically to foster an appreciation and understanding of the performing arts;

(ii) by developing and maintaining a comprehensive and broad program for national and community outreach, including establishing model programs for adaptation by other presenting and educational institutions; and

(iii) by conducting joint initiatives with the national education and outreach programs of the Very Special Arts, an entity affiliated with the John F. Kennedy Center for the Performing Arts which has an established program for the identification, development, and implementation of model programs and projects in the arts for disabled individuals;

(C) strive to ensure that the education and outreach programs and policies of the John F. Kennedy Center for the Performing Arts meet the highest level of excellence and reflect the cultural diversity of the United States;

(D) provide facilities for other civic activities at the John F. Kennedy Center for the Performing Arts;

(E) provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President;

(F) develop, and update annually, a comprehensive building needs plan for the features of the John F. Kennedy Center for the Performing Arts in existence on July 21, 1994;

(G) with respect to the building and site of the John F. Kennedy Center for the Performing Arts, plan, design, and construct each capital repair, replacement, improvement, rehabilitation, alteration, or modification necessary to maintain the functionality of the building and site at current standards of life, safety, security, and accessibility;

(H) provide—(i) information and interpretation; and

(ii) with respect to the building and site of the John F. Kennedy Center for the Performing Arts, all necessary maintenance, repair, and alteration of, and all janitorial, security, and other services and equipment necessary for the operations of, the building and site, in a manner consistent with requirements for high quality operations; and

(I) ensure that safe and convenient access to the site of the John F. Kennedy Center for the Performing Arts is provided for pedestrians and vehicles.

(2) Administrative powers and duties(A) Authority to enter into contractsThe Board, in accordance with applicable law, may enter into contracts or other arrangements with, and make payments to, public agencies or private organizations or other private persons in order to carry out the functions of the Board under this subchapter. The authority described in the preceding sentence includes utilizing the services and facilities of other agencies, including the Department of the Interior, the General Services Administration, and the Smithsonian Institution.

(B) Preparation of budgetThe Board shall prepare a budget pursuant to sections 1104, 1105(a), and 1513(b) of title 31.

(C) Use of agency personnelThe Board may utilize or employ the services of the personnel of any agency or instrumentality of the Federal Government or the District of Columbia, with the consent of the agency or the instrumentality concerned, on a reimbursable basis, and utilize voluntary and uncompensated personnel.

(D) Selection of contractorsIn carrying out the duties of the Board under this subchapter, the Board may negotiate any contract—(i) for planning, design, engineering, or construction of buildings to be erected on the John F. Kennedy Center Plaza under section 76q–1 of this title and for landscaping and other improvements to the Plaza; or

(ii) for an environmental system for, a protection system for, or a repair to, maintenance of, or restoration of the John F. Kennedy Center for the Performing Arts,

with selected contractors and award the contract on the basis of contractor qualifications as well as price.

(E) Maintenance of hallsThe Board shall maintain the Hall of Nations, the Hall of States, and the Grand Foyer of the John F. Kennedy Center for the Performing Arts in a manner that is suitable to a national performing arts center that is operated as a Presidential memorial and in a manner consistent with other national Presidential memorials.

(F) Maintenance of groundsThe Board shall manage and operate the grounds of the John F. Kennedy Center for the Performing Arts in a manner consistent with National Park Service regulations and agreements in effect on July 21, 1994. No change in the management and operation of the grounds may be made without the express approval of Congress and of the Secretary of the Interior.

(b) Restriction on additional memorials(1) Except as provided in paragraph (2) of this subsection, the Board shall assure that after December 2, 1983, no additional memorials or plaques in the nature of memorials shall be designated or installed in the public areas of the John F. Kennedy Center for the Performing Arts.

(2) Paragraph (1) of this subsection shall not apply to—(A) any plaque acknowledging a gift from a foreign country;

(B) any plaque on a theater chair or a theater box acknowledging the gift of such chair or box; and

(C) any inscription on the marble walls in the north or south galleries, the Hall of States, or the Hall of Nations acknowledging a major contribution;

which plaque or inscription is permitted under policies of the Board in effect on December 2, 1983.

(3) For purposes of this subsection, testimonials and benefit performances shall not be construed to be memorials.

(Pub. L. 85–874, § 4, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, § 1(3), Jan. 23, 1964, 78 Stat. 4; Pub. L. 98–205, § 4, Dec. 2, 1983, 97 Stat. 1388; Pub. L. 103–279, § 3, July 21, 1994, 108 Stat. 1411; Pub. L. 105–95, § 3(a), Nov. 19, 1997, 111 Stat. 2149; Pub. L. 105–226, §§ 2, 3, Aug. 12, 1998, 112 Stat. 1513; Pub. L. 107–224, § 4(a), Sept. 18, 2002, 116 Stat. 1343.)

Editorial Notes
Amendments2002—Subsec. (a)(2)(D). Pub. L. 107–224 amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “In carrying out the duties of the Board under this subchapter, the Board may negotiate any contract for an environmental system for, a protection system for, or a repair to, maintenance of, or restoration of the John F. Kennedy Center for the Performing Arts with selected contractors and award the contract on the basis of contractor qualifications as well as price.”
1998—Subsec. (a)(1)(G). Pub. L. 105–226, § 2, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “with respect to each feature of the building and site of the John F. Kennedy Center for the Performing Arts that is in existence on July 21, 1994 (including a theater, the garage, the plaza, or a building walkway), plan, design, and construct each capital repair, replacement, improvement, rehabilitation, alteration, or modification necessary for the feature;”.
Subsec. (a)(1)(H)(ii). Pub. L. 105–226, § 3, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “with respect to each feature of the building and site of the John F. Kennedy Center for the Performing Arts that is in existence on July 21, 1994 (including a theater, the garage, the plaza, or a building walkway), all necessary maintenance, repair, and alteration of, and all janitorial, security, and other services and equipment necessary for the operation of, the feature, in a manner consistent with requirements for high quality operations; and”.
1997—Subsec. (a)(1)(I). Pub. L. 105–95 added subpar. (I).
1994—Pub. L. 103–279 substituted section catchline for former section catchline, added heading and text of subsec. (a), and struck out former subsec. (a) which read as follows: “The Board shall—
“(1) present classical and contemporary music, opera, drama, dance, and poetry from this and other countries,
“(2) present lectures and other programs,
“(3) develop programs for children and youth and the elderly (and for other age groups as well) in such arts designed specifically for their participation, education, and recreation,
“(4) provide facilities for other civic activities at the John F. Kennedy Center for the Performing Arts,
“(5) provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President.”
1983—Pub. L. 98–205 designated existing provisions as subsec. (a) and added subsec. (b).
1964—Pub. L. 88–260 struck out “and” at end of par. (3), substituted “John F. Kennedy Center for the Performing Arts” for “Cultural Center” in par. (4), and added par. (5).

Statutory Notes and Related Subsidiaries
Commemoration of the John F. Kennedy Center for the Performing ArtsPub. L. 116–94, div. P, title VI, § 603, Dec. 20, 2019, 133 Stat. 3194, provided that:
“(a) Sense of Congress.—It is the sense of Congress that the John F. Kennedy Center for the Performing Arts (referred to in this Act [probably means “this title”, see Short Title of 2019 Amendment note set out under section 76h of this title] as the ‘Center’)—“(1) recognize the year 2021 as the 50th anniversary of the opening of the Center;

“(2) acknowledge and commemorate the mission of the Center as a national center for the performing arts and a national memorial to President John F. Kennedy; and

“(3) recognize that the year 2018 is the 60th anniversary of the signing of the National Cultural Center Act (now known as the ‘John F. Kennedy Center Act’) (20 U.S.C. 76h et seq.), signed into law by President Dwight D. Eisenhower on September 2, 1958.

“(b) Authorization for Plaque.—“(1) In general.—The Center shall place within the Center a plaque containing an inscription to commemorate the 60th anniversary of the signing of the National Cultural Center Act (20 U.S.C. 76h et seq.) by President Dwight D. Eisenhower.

“(2) Specifications.—The plaque shall be—“(A)(i) not less than 6 square feet in size; and

“(ii) not more than 18 square feet in size;

“(B) of any shape that the Trustees of the Center determine to be appropriate; and

“(C) placed at a location within the Center approximate to the Eisenhower Theater that the Trustees of the Center determine to be appropriate.

“(3) Funding.—“(A) In general.—No Federal funds may be used to design, procure, or install the plaque.

“(B) Exception.—Subparagraph (A) shall not affect the payment of salaries, expenses, and benefits otherwise authorized by law for members and employees of the Center who participate in carrying out this subsection.

“(4) Private fundraising authorized.—“(A) In general.—The Center may solicit and accept private contributions for the design, procurement, and installation of the plaque.

“(B) Accounting.—The Center may—“(i) establish an account into which any contributions received pursuant to subparagraph (A) shall be deposited; and

“(ii) maintain documentation of any contributions received pursuant to subparagraph (A).”

Access to John F. Kennedy Center for the Performing ArtsPub. L. 105–178, title I, § 1214(a), June 9, 1998, 112 Stat. 204, provided that:
“(1) Study.—The Secretary [of Transportation], in cooperation with the District of Columbia, the John F. Kennedy Center for the Performing Arts, and the Department of the Interior and in consultation with other interested persons, shall conduct a study of methods to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts.

“(2) Report.—Not later than September 30, 1999, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the study with an assessment of the impacts (including environmental, aesthetic, economic, and historical impacts) associated with the implementation of each of the methods examined under the study.

“(3) Authorization of appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $500,000 for fiscal year 1998.

“(4) Applicability of title 23, united states code.—Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of activities conducted using such funds shall be 100 percent and such funds shall remain available until expended.”

§ 76k. Powers of Board(a) Solicitation and acceptance of giftsThe Board is authorized to solicit and accept for the John F. Kennedy Center for the Performing Arts, as a bureau of the Smithsonian Institution, and to hold and administer gifts, bequests, or devises of money, securities, or other property of whatsoever character for the benefit of the John F. Kennedy Center for the Performing Arts. Unless otherwise restricted by the terms of the gift, bequest, or devise, the Board is authorized to sell or exchange and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other property composing trust funds given, bequeathed, or devised to or for the benefit of the John F. Kennedy Center for the Performing Arts. The income as and when collected shall be placed in such depositaries as the Board shall determine and shall be subject to expenditure by the Board.

(b) Appointment of officers and employees(1) Chairperson and SecretaryThe Board shall appoint and fix the compensation and duties of a Chairperson of the John F. Kennedy Center for the Performing Arts, who shall serve as the chief executive officer of the Center, and a Secretary of the John F. Kennedy Center for the Performing Arts. The Chairperson and Secretary shall be well qualified by experience and training to perform the duties of their respective offices.

(2) Senior level executive and other employeesThe Chairperson of the John F. Kennedy Center for the Performing Arts may appoint—(A) a senior level executive who, by virtue of the background of the individual, shall be well suited to be responsible for facilities management and services and who may, without regard to the provisions of title 5, be appointed and compensated with appropriated funds, except that the compensation may not exceed the maximum rate of pay prescribed for level IV of the Executive Schedule under section 5315 of title 5; and

(B) such other officers and employees of the John F. Kennedy Center for the Performing Arts as may be necessary for the efficient administration of the functions of the Board.

(c) Transfer of propertyNot later than October 1, 1995, the property, liabilities, contracts, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions transferred from the Secretary of the Interior pursuant to the amendments made by the John F. Kennedy Center Act Amendments of 1994 shall be transferred, subject to section 1531 of title 31, to the Board as the Board and the Secretary of the Interior may determine appropriate. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which, and subject to the terms under which, the funds were originally authorized and appropriated.

(d) Transfer of personnel(1) In generalEmployees of the National Park Service assigned to duties related to the functions being undertaken by the Board shall be transferred with their functions to the Board not later than October 1, 1995.

(2) Rights and benefitsTransferred employees shall remain in the Federal competitive service and retain all rights and benefits provided under title 5. For a period of not less than 3 years after the date of transfer of an employee under paragraph (1), the transferred employee shall retain the right of priority consideration under merit promotion procedures or lateral reassignment for all vacancies within the Department of the Interior.

(3) Park PoliceAll United States Park Police and Park Police guard force employees assigned to the John F. Kennedy Center for the Performing Arts shall remain employees of the National Park Service.

(4) CostsAll usual and customary costs associated with any adverse action or grievance proceeding resulting from the transfer of functions under this section that are incurred before October 1, 1995, shall be paid from funds appropriated to the John F. Kennedy Center for the Performing Arts.

(5) Reorganization authorityNothing contained in this section shall prohibit the Board from reorganizing functions at the John F. Kennedy Center for the Performing Arts in accordance with laws governing reorganizations.

(e) Review of Board actionsThe actions of the Board relating to performing arts and to payments made or directed to be made by the Board from any trust funds shall not be subject to review by any officer or agency other than a court of law.

(f) Collective bargaining(1) “Theatrical employee” definedAs used in this subsection, the term “theatrical employee” means a nonappropriated fund employee of the Board, who is engaged in a box office, performing, or theatrical trade that is the subject of a collective bargaining agreement as of January 1, 1994, including any change in the trade as a result of a technological advance.

(2) Collective bargaining(A) In generalFor the purposes of the National Labor Relations Act (29 U.S.C. 151 et seq.) and the Labor-Management Relations Act, 1947 (29 U.S.C. 141 et seq.)—(i) each theatrical employee shall be considered to be an “employee” within the meaning of section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)); and

(ii) with respect to a theatrical employee, the Board shall be considered to be an “employer” within the meaning of section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)).

(B) Rights and obligationsWith respect to each theatrical employee, the theatrical employee and the Board shall have all of the rights and obligations specified in such Acts.

(g) Pedestrian and vehicular accessSubject to approval of the Secretary of the Interior under section 76j(a)(2)(F) of this title, the Board shall develop plans and carry out projects to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts.

(Pub. L. 85–874, § 5, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103–279, § 4, July 21, 1994, 108 Stat. 1413; Pub. L. 105–95, § 3(b), Nov. 19, 1997, 111 Stat. 2149.)

Editorial Notes

References in TextThe John F. Kennedy Center Act Amendments of 1994, referred to in subsec. (c), is Pub. L. 103–279, July 21, 1994, 108 Stat. 1409, which enacted sections 76r and 76s of this title, amended this section, sections 76h, 76j, 76l, and 76p of this title, and sections 193r, 193u, and 193v of former Title 40, Public Buildings, Property, and Works, and enacted and amended provisions set out as notes under section 76h of this title. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 76h of this title and Tables.
The National Labor Relations Act, referred to in subsec. (f)(2), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.
The Labor Management Relations Act, 1947, referred to in subsec. (f)(2), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is classified principally to chapter 7 (§ 141 et seq.) of Title 29. For complete classification of this Act to the Code, see section 141 of Title 29 and Tables.

Amendments1997—Subsec. (g). Pub. L. 105–95 added subsec. (g).
1994—Pub. L. 103–279, § 4(a)(1), substituted section catchline for former section catchline.
Subsec. (a). Pub. L. 103–279, § 4(a)(1), inserted heading and substituted “John F. Kennedy Center for the Performing Arts, as a bureau of the Smithsonian Institution,” for “Smithsonian Institution”.
Subsec. (b). Pub. L. 103–279, § 4(b), inserted heading and amended text generally. Prior to amendment, text read as follows: “The Board shall appoint and fix the compensation and duties of a director, an assistant director, and a secretary of the John F. Kennedy Center for the Performing Arts and of such other officers and employees of the John F. Kennedy Center for the Performing Arts as may be necessary for the efficient administration of the functions of the Board. The director, assistant director, and secretary shall be well qualified by experience and training to perform the duties of their office.”
Subsec. (c). Pub. L. 103–279, § 4(c), added heading and text of subsec. (c) and struck out text of former subsec. (c). Prior to amendment, text read as follows: “The actions of the Board, including any payment made or directed to be made by it from any trust funds, shall not be subject to review by any officer or agency other than a court of law.”
Subsecs. (d) to (f). Pub. L. 103–279, § 4(c), added subsecs. (d) to (f).
1964—Subsecs. (a), (b). Pub. L. 88–260 substituted “John F. Kennedy Center for the Performing Arts” for “National Cultural Center” wherever appearing.

§ 76l. Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit(a) Adoption of seal; Board function notwithstanding vacancies; quorumThe Board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations, as it deems necessary for the administration of its functions under this subchapter, including, among other matters, bylaws, rules, and regulations relating to the administration of its trust funds and the organization and procedure of the Board. The Board may function notwithstanding vacancies and twelve members of the Board shall constitute a quorum for the transaction of business.

(b) Powers and obligations of Board in respect of trust fundsThe Board shall have all the usual powers and obligations of a trustee in respect of all trust funds administered by it.

(c) Annual report of operations and financesThe Board shall submit to the Smithsonian Institution and to Congress an annual report of the operations of the Board under this subchapter, including a detailed statement of all public and private moneys received and disbursed by it.

(d) Inspector GeneralThe functions of the Board funded by funds appropriated pursuant to section 76r 11 See References in Text note below. of this title shall be subject to the requirements for a Federal entity under the Inspector General Act of 1978 (5 U.S.C. App.). The Inspector General of the Smithsonian Institution is authorized to carry out the requirements of such Act on behalf of the Board, on a reimbursable basis when requested by the Board.

(e) Property and personnel compensation(1) In generalThe Board may procure insurance against any loss in connection with the property of the Board and other assets administered by the Board. Each employee and volunteer of the Board shall be considered to be a civil employee of the United States (within the meaning of the term “employee” as defined in section 8101(1) of title 5), except that the Board shall continue to provide benefits with respect to any disability or death resulting from a personal injury to a nonappropriated fund employee of the Board sustained while in the performance of the duties of the employee for the Board pursuant to the workers compensation statute of the jurisdiction in which the John F. Kennedy Center for the Performing Arts is located. The disability or death benefits referred to in the preceding sentence, whether under the workers compensation statute referred to in the preceding sentence or under chapter 81 of title 5, shall continue to be the exclusive liability of the Board and the United States with respect to all employees and volunteers of the Board.

(2) Federal tort claimsFor the purposes of chapter 171 of title 28, an employee of the Board shall be considered to be an “employee of the government” and the Board shall be considered to be a “Federal agency”. No employee of the Board may bring suit against the United States or the Board under the Federal tort claims procedure of chapter 171 of title 28 for disability or death resulting from personal injury sustained while in the performance of the duties of the employee for the Board.

(Pub. L. 85–874, § 6, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–100, § 3, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, § 1(4), (5), Jan. 23, 1964, 78 Stat. 4; Pub. L. 92–313, § 10, June 16, 1972, 86 Stat. 222; Pub. L. 93–67, July 10, 1973, 87 Stat. 161; Pub. L. 94–119, §§ 1, 2, Oct. 21, 1975, 89 Stat. 608; Pub. L. 94–578, title III, § 314, Oct. 21, 1976, 90 Stat. 2737; Pub. L. 95–50, § 2, June 20, 1977, 91 Stat. 232; Pub. L. 95–305, June 29, 1978, 92 Stat. 348; Pub. L. 96–587, § 1, Dec. 23, 1980, 94 Stat. 3387; Pub. L. 97–73, Nov. 3, 1981, 95 Stat. 1064; Pub. L. 97–202, June 24, 1982, 96 Stat. 128; Pub. L. 101–449, §§ 1–3, Oct. 22, 1990, 104 Stat. 1050; Pub. L. 102–500, § 1, Oct. 24, 1992, 106 Stat. 3267; Pub. L. 103–279, § 5, July 21, 1994, 108 Stat. 1414; Pub. L. 105–226, § 4, Aug. 12, 1998, 112 Stat. 1513.)

Editorial Notes

References in TextSection 76r of this title, referred to in subsec. (d), was in the original a reference to section 12 of Pub. L. 85–874. Section 12 of Pub. L. 85–874 was renumbered as section 13, and a new section 12 was added, by Pub. L. 107–224, § 2, Sept. 18, 2002, 116 Stat. 1340. Sections 12 and 13 are classified to sections 76q–1 and 76r, respectively, of this title.
The Inspector General Act of 1978, referred to in subsec. (d), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments1998—Subsecs. (d) to (f). Pub. L. 105–226 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out heading and text of former subsec. (d). Text read as follows: “Not less than once every 3 years, the Comptroller General shall review and audit the accounts of the John F. Kennedy Center for the Performing Arts for the purpose of examining expenditures of funds appropriated under the authority provided by this subchapter.”
1994—Subsec. (c). Pub. L. 103–279, § 5(1), substituted “the operations of the Board” for “its operations”.
Subsecs. (d) to (f). Pub. L. 103–279, § 5(2), added subsecs. (d) to (f) and struck out former subsec. (e) which related to maintenance, repair, alteration, security, information, and other services and former subsec. (f) which related to audits.
1992—Subsec. (e)(3). Pub. L. 102–500 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “There is authorized to be appropriated to the Secretary of the Interior to carry out this subsection—
“(A) for fiscal year 1991, not more than—
“(i) $6,750,000 for annual maintenance, repairs, alterations, and operating services; and
“(ii) $15,000,000 for deferred maintenance, repairs, and alterations; and
“(B) for fiscal year 1992, not more than—
“(i) $9,850,000 for annual maintenance, repairs, alterations, and operating services; and
“(ii) $15,512,000 for deferred maintenance, repairs, and alterations.”
1990—Subsec. (d). Pub. L. 101–449, § 3, struck out subsec. (d) which read as follows: “The Board shall transmit to Congress a detailed report of any memorial which it proposes to provide within the John F. Kennedy Center for the Performing Arts under authority of paragraph (5) of section 76j of this title, and no such memorial shall be provided until the Board of Regents of the Smithsonian Institution shall have approved such memorial.”
Subsec. (e). Pub. L. 101–449, § 1, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary of the Interior, acting through the National Park Service, shall provide maintenance, security, information, interpretation, janitorial and all other services necessary to the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts. There is authorized to be appropriated to carry out this subsection not to exceed $2,800,000 for the fiscal year ending June 30, 1976, $741,000 for the transition period ending September 30, 1976, $3,100,000 for the fiscal year ending September 30, 1977, and $4,000,000 for the fiscal year ending September 30, 1978. There is authorized to be appropriated to carry out this subsection not to exceed $4,200,000 for the fiscal year ending September 30, 1979. There is authorized to be appropriated to carry out this subsection not to exceed $4,287,000 for the fiscal year ending September 30, 1980, and not to exceed $4,400,000 for the fiscal year ending September 30, 1981, and not to exceed $4,544,000 for the fiscal year ending September 30, 1982, and not to exceed $4,247,000 for the fiscal year ending September 30, 1983.”
Subsec. (f). Pub. L. 101–449, § 2, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The General Accounting Office is authorized and directed to review and audit, regularly, the accounts of the Kennedy Center for the Performing Arts, for the purpose of determining the continuing ability of the Center to pay its share of future operating costs, and for the purpose of assuring that the cost-of-living formula fairly and accurately reflects the use of the building.”
1982—Subsec. (e). Pub. L. 97–202 inserted provisions authorizing an appropriation of not to exceed $4,247,000 for fiscal year ending Sept. 30, 1983.
1981—Subsec. (e). Pub. L. 97–73 inserted provision authorizing an appropriation of not to exceed $4,544,000 for fiscal year ending Sept. 30, 1982.
1980—Subsec. (e). Pub. L. 96–587 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1980, and Sept. 30, 1981.
1978—Subsec. (e). Pub. L. 95–305 inserted provisions authorizing appropriations for fiscal year ending Sept. 30, 1979.
1977—Subsec. (e). Pub. L. 95–50 substituted provisions authorizing an appropriation of $4,000,000 for fiscal year ending Sept. 30, 1978, for provisions authorizing appropriations of $4,000,000 for fiscal year ending Sept. 30, 1978, and not to exceed $4,300,000 for the fiscal year ending Sept. 30, 1979.
1976—Subsec. (e). Pub. L. 94–578 substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1978, and Sept. 30, 1979, for provisions covering fiscal years ending Sept. 30, 1976, Sept. 30, 1977, and transitional period ending Sept. 30, 1976.
1975—Subsec. (e). Pub. L. 94–119, § 1, inserted provisions authorizing appropriations for fiscal year ending June 30, 1976, for the transitional period ending Sept. 30, 1976, and for fiscal year ending Sept. 30, 1977.
Subsec. (f). Pub. L. 94–119, § 2, added subsec. (f).
1973—Subsec. (e). Pub. L. 93–67 substituted provisions authorizing appropriations not to exceed $2,400,000 for fiscal year ending June 30, 1974, and $2,500,000 for fiscal year ending June 30, 1975, for provision granting general authorization of appropriation for fiscal year ending June 30, 1973.
1972—Subsec. (e). Pub. L. 92–313 added subsec. (e).
1964—Subsec. (c). Pub. L. 88–260, § 1(4), inserted “and to Congress” after “Smithsonian Institution”.
Subsec. (d). Pub. L. 88–260, § 1(5), added subsec. (d).
1963—Subsec. (a). Pub. L. 88–100 substituted “twelve” for “eight” after “vacancies and”.

Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to submitting annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 192 of House Document No. 103–7.

Award of Service ContractsPub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1782, provided: “That contracts hereafter awarded for environmental systems, housekeeping, protection systems, and repair or renovation of buildings of the John F. Kennedy Center for the Performing Arts may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.”

§ 76m. Photovoltaic system(a) In generalThe Board may study, plan, design, engineer, and construct a photovoltaic system for the main roof of the John F. Kennedy Center for the Performing Arts.

(b) ReportNot later than 60 days before beginning construction of the photovoltaic system pursuant to subsection (a), the Board shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the feasibility and design of the project.

(Pub. L. 85–874, § 7, as added, Pub. L. 110–338, § 3, Oct. 3, 2008, 122 Stat. 3731.)

Editorial Notes
Prior ProvisionsA prior section 76m, Pub. L. 85–874, § 7, Sept. 2, 1958, 72 Stat. 1700; Pub. L. 86–297, Sept. 21, 1959, 73 Stat. 573; Pub. L. 88–100, § 4, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, § 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, which related to termination of offices created and appointments made in connection with John F. Kennedy Center for the Performing Arts if moneys were not found to construct the Center within eight years after Sept. 2, 1958, was repealed by Pub. L. 101–449, § 3, Oct. 22, 1990, 104 Stat. 1050.

§ 76n. Repealed. Pub. L. 101–449, § 3, Oct. 22, 1990, 104 Stat. 1050

Section, Pub. L. 85–874, § 8, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 4; amended Pub. L. 91–90, § 1(a), Oct. 17, 1969, 83 Stat. 135; Pub. L. 92–313, § 9, June 16, 1972, 86 Stat. 222; Pub. L. 95–50, § 1, June 20, 1977, 91 Stat. 232, authorized appropriations for construction, repair, renovation, and reconstruction of John F. Kennedy Center for the Performing Arts.

§ 76o. Borrowing authority to finance parking facilities(a) Revenue bondsTo finance necessary parking facilities for the Center, the Board may issue revenue bonds to the Secretary of the Treasury payable from revenues accruing to the Board. The total face value of all bonds so issued shall not be greater than $20,400,000. Such obligations shall have maturities agreed upon by the Board and the Secretary of the Treasury but not in excess of fifty years. Such obligations may be redeemable at the option of the Board before maturity in such manner as may be stipulated in such obligations, but the obligations thus redeemed shall not be refinanced by the Board. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Board to be issued under this section and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31 and the purposes for which securities may be issued under chapter 31 of title 31 are extended to include any purchases of the Board’s obligations under this section.

(b) InterestEffective as of October 12, 1984, the obligations of the Board incurred under subsection (a) of this section shall bear no interest, and the requirement of the Board to pay the unpaid interest which has accrued on such obligations is terminated.

(c) Kennedy Center Revenue Bond Sinking FundThere is hereby established in the Treasury of the United States a sinking fund, the Kennedy Center Revenue Bond Sinking Fund (hereinafter referred to as the “Fund”), which shall be used to retire the obligations of the Board incurred under subsection (a) of this section upon the respective maturities of such obligations. The Board shall pay into the Fund, beginning on January 1, 1987 and ending on January 1, 2016, the annual sum of $200,000 in amortization of the principal amount of the obligations. Such sums shall be invested by the Secretary of the Treasury in public debt securities with maturities suitable for the needs of the Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities. The interest on such investments shall be credited to and form a part of the Fund. Moneys in the Fund shall be used exclusively to retire the obligations of the Board incurred under subsection (a) of this section. Adjustments of not greater than plus or minus 5 per centum may be made from time to time in the annual payments to the Fund in order to correct any gains or deficiencies as a result of fluctuations in interest rates over the life of the investments: Provided, however, That a final adjustment shall be made between the Board and the Secretary of the Treasury at the end of the amortization period to correct any overall gain or deficiency in the Fund. The terms of this adjustment shall be covered by a memorandum of understanding between the Board and the Secretary of the Treasury to be consummated on or before the time the initial payment into the Fund is made.

(Pub. L. 85–874, § 9, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 5; amended Pub. L. 91–90, § 1(b), Oct. 17, 1969, 83 Stat. 135; Pub. L. 98–473, title I, § 101(c), Oct. 12, 1984, 98 Stat. 1837, 1876; Pub. L. 101–449, § 4, Oct. 22, 1990, 104 Stat. 1051.)

Editorial Notes
Amendments1990—Subsec. (a). Pub. L. 101–449 substituted “chapter 31 of title 31” for “the Second Liberty Bond Act, as amended,” in two places.
1984—Pub. L. 98–473 designated existing provisions as subsec. (a), struck out provisions relating to interest on bonds, and added subsecs. (b) and (c).
1969—Pub. L. 91–90 substituted “$20,400,000” for “$15,400,000” in two places.

§ 76p. Acceptance and disposition of gifts to the United States contributed in honor or memory of the late President John F. Kennedy
The Secretary of the Treasury is authorized to accept on behalf of the United States any gift to the United States which the Secretary finds has been contributed in honor of or in memory of the late President John F. Kennedy and to pay the money to such appropriation or other accounts, including the appropriation accounts established pursuant to appropriations authorized by this subchapter, as in the judgment of the Secretary will best effectuate the intent of the donor.
(Pub. L. 85–874, § 10, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 5; amended Pub. L. 103–279, § 6, July 21, 1994, 108 Stat. 1415.)

Editorial Notes
Amendments1994—Pub. L. 103–279 substituted “which the Secretary finds” for “which he finds” and “the judgment of the Secretary” for “his judgment”.

§ 76q. Sole national memorial to the late John F. Kennedy within the city of Washington and environs
The John F. Kennedy Center for the Performing Arts, designated by this subchapter, shall be the sole national memorial to the late John Fitzgerald Kennedy within the city of Washington and its environs.
(Pub. L. 85–874, § 11, as added Pub. L. 88–260, § 1(6), Jan. 23, 1964, 78 Stat. 5.)

§ 76q–1. John F. Kennedy Center Plaza(a) DefinitionsIn this section, the following definitions apply:(1) Air rightsThe term “air rights” means real property interests conveyed by deed, lease, or permit for the use of space between streets and alleys within the boundaries of the Project.

(2) CenterThe term “Center” means the John F. Kennedy Center for the Performing Arts.

(3) Green spacesThe term “green spaces” means areas within the boundaries of the Project or affected by the Project that are covered by grass, trees, or other vegetation.

(4) PlazaThe term “Plaza” means improvements to the area surrounding the John F. Kennedy Center building carried out under the Project and comprised of transportation elements (including roadways, sidewalks, and bicycle lanes) and non-transportation elements (including landscaping, green space, open public space, water, sewer, and utility connections).

(5) ProjectThe term “Project” means the Plaza project, as described in the TEA–21 report, providing for construction of a Plaza adjacent to the Center and for improved bicycle, pedestrian, and vehicular access to and around the Center. The term includes planning, design, engineering, and construction of the Plaza, buildings to be constructed on the Plaza, and related transportation improvements and may include any other elements of the Project identified in the TEA–21 report.

(6) SecretaryThe term “Secretary” means the Secretary of Transportation.

(7) TEA–21 reportThe term “TEA–21 report” means the report of the Secretary submitted to Congress under section 1214 of the Transportation Equity Act for the 21st Century (20 U.S.C. 76j note; 112 Stat. 204).

(b) Responsibilities of the Secretary(1) In generalThe Secretary shall be responsible for the Project and may undertake such activities as may be necessary to construct the Project, other than buildings to be constructed on the Plaza, substantially as described in the TEA–21 report.

(2) Planning, design, engineering, and constructionThe Secretary shall be responsible for the planning, design, engineering, and construction of the Project, other than buildings to be constructed on the Plaza.

(3) Agreements with the Board and other agenciesThe Secretary shall enter into memoranda of agreement with the Board and any appropriate Federal or other governmental agency to facilitate the planning, design, engineering, and construction of the Project.

(4) Consultation with the BoardThe Secretary shall consult with the Board to maximize efficiencies in planning and executing the Project, including the construction of any buildings on the Plaza.

(5) ContractsSubject to the approval of the Board, the Secretary may enter into contracts on behalf of the Center related to the planning, design, engineering, and construction of the Project.

(6) Project Team(A) EstablishmentTo further construction of the Project, the Secretary shall establish a Project Team.

(B) MembershipThe Project Team shall be composed of the following members:(i) The Secretary (or the Secretary’s designee).

(ii) The Administrator of General Services (or the Administrator’s designee).

(iii) The Chairman of the Board (or the Chairman’s designee).

(iv) Such other individuals as the Project Team considers appropriate.

(C) Project DirectorThe Project Team shall have a Project Director who shall be appointed by the Secretary, in consultation with the Administrator of General Services and the Chairman of the Board. The Project Director shall report directly to the Project Team.

(c) Responsibilities of the Board(1) In generalThe Board, in consultation with the Project Team, may undertake such activities as may be necessary to construct buildings on the Plaza for the Project.

(2) Receipt of transfers of air rightsThe Board may receive from the District of Columbia such transfers of air rights as may be necessary for the planning, design, engineering, and construction of the Project.

(3) Construction of buildingsThe Board, in consultation with the Project Team, may construct, with non-appropriated funds, buildings on the Plaza for the Project and shall be responsible for the planning, design, engineering, and construction of the buildings.

(4) Acknowledgment of contributions(A) In generalThe Board may acknowledge private contributions used in the construction of buildings on the Plaza for the Project in the interior of the buildings, but may not acknowledge private contributions on the exterior of the buildings.

(B) Applicability of other requirementsAny acknowledgment of private contributions under this paragraph shall be consistent with the requirements of section 76j(b) of this title.

(5) Approval by Project TeamNotwithstanding section 76k(e) of this title, any decision by the Board that will significantly affect, as determined by the Project Team in consultation with the Board, the scope, cost, schedule, or engineering feasibility of any element of the Project, other than buildings to be constructed on the Plaza, shall be subject to the approval of the Project Team.

(d) Responsibilities of the District of Columbia(1) Modification of highway systemNotwithstanding any State or local law, the Mayor of the District of Columbia, in consultation with the National Capital Planning Commission and the Secretary, shall have exclusive authority to amend or modify the permanent system of highways of the District of Columbia as may be necessary to meet the requirements and needs of the Project.

(2) Conveyances(A) AuthorityNotwithstanding any State or local law, the Mayor of the District of Columbia shall have exclusive authority to convey or dispose of any interests in real estate (including air rights or air space as that term is defined by District of Columbia law) owned or controlled by the District of Columbia, as may be necessary to meet the requirements and needs of the Project.

(B) Conveyance to the BoardNot later than 90 days following the date of receipt of notification from the Secretary of the requirements and needs of the Project, the Mayor of the District of Columbia shall convey or dispose of to the Board without compensation interests in real estate described in subparagraph (A).

(3) Agreements with the BoardThe Mayor of the District of Columbia shall have the authority to enter into memoranda of agreement with the Board and any Federal or other governmental agency to facilitate the planning, design, engineering, and construction of the Project.

(e) Ownership(1) Roadways and sidewalksUpon completion of the Project, responsibility for maintenance and oversight of roadways and sidewalks modified or improved for the Project shall remain with the owner of the affected roadways and sidewalks.

(2) Maintenance of green spacesSubject to paragraph (3), upon completion of the Project, responsibility for maintenance and oversight of any green spaces modified or improved for the Project shall remain with the owner of the affected green spaces.

(3) Buildings and green spaces on the PlazaUpon completion of the Project, the Board shall own, operate, and maintain the buildings and green spaces established on the Plaza for the Project.

(f) National highway boundaries(1) Realignment of boundariesThe Secretary may realign national highways related to proposed changes to the Northern and Southern Interchanges and the E Street Approach recommended in the TEA–21 report in order to facilitate the flow of traffic in the vicinity of the Center.

(2) Access to Center from I–66The Secretary may improve direct access and egress between Interstate Route 66 and the Center, including its garages.

(g) GAO reviewUntil completion of the Project, the Comptroller General shall review the management and oversight of construction of the Project by the Board and report periodically on the results of the review to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(Pub. L. 85–874, § 12, as added Pub. L. 107–224, § 2(2), Sept. 18, 2002, 116 Stat. 1340; amended Pub. L. 108–410, § 3, Oct. 30, 2004, 118 Stat. 2303.)

Editorial Notes

References in TextSection 1214 of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(7), is section 1214 of Pub. L. 105–178, which enacted provisions set out as notes under sections 50 and 76j of this title, section 410eeee–16 of Title 16, Conservation, and section 202 of Title 23, Highways, and enacted provisions listed in a table of National Wildlife Refuges set out under section 668dd of Title 16.

Prior ProvisionsA prior section 12 of Pub. L. 85–874 was renumbered section 13 and is classified to section 76r of this title.

Amendments2004—Subsec. (b)(6). Pub. L. 108–410, § 3(a), added par. (6).
Subsec. (c)(1), (3). Pub. L. 108–410, § 3(b)(1), (2), inserted “, in consultation with the Project Team,” after “The Board”.
Subsec. (c)(5). Pub. L. 108–410, § 3(b)(3), added par. (5).
Subsec. (g). Pub. L. 108–410, § 3(c), added subsec. (g).

§ 76r. Authorization of appropriations(a) Maintenance, repair, and securityThere are authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title—(1) $25,690,000 for fiscal year 2020;

(2) $27,000,000 for fiscal year 2021;

(3) $28,000,000 for fiscal year 2022;

(4) $29,000,000 for fiscal year 2023; and

(5) $30,000,000 for fiscal year 2024.

(b) Capital projectsThere are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title—(1) $17,800,000 for fiscal year 2020;

(2) $18,000,000 for fiscal year 2021;

(3) $19,000,000 for fiscal year 2022;

(4) $20,000,000 for fiscal year 2023; and

(5) $21,000,000 for fiscal year 2024.

(c) John F. Kennedy Center PlazaThere is authorized to be appropriated to the Secretary of Transportation for capital costs incurred in the planning, design, engineering, and construction of the project authorized by section 76q–1 of this title (including roadway improvements related to the North and South Interchanges and construction of the John F. Kennedy Center Plaza, but not including construction of any buildings on the plaza) a total of $400,000,000 for fiscal years 2003 through 2010. Such sums shall remain available until expended.

(d) Photovoltaic systemThere are authorized to be appropriated to the Board such sums as are necessary to carry out section 76m of this title, to remain available until expended.

(e) Limitation on use of fundsNo funds appropriated pursuant to this section may be used for any direct expense incurred in the production of a performing arts attraction, for personnel who are involved in performing arts administration (including any supply or equipment used by the personnel), or for production, staging, public relations, marketing, fundraising, ticket sales, or education. Funds appropriated directly to the Board shall not affect nor diminish other Federal funds sought for any performing arts function and may be used to reimburse the Board for that portion of costs that are Federal costs reasonably allocated to building services and theater maintenance and repair.

(Pub. L. 85–874, § 13, formerly § 12, as added Pub. L. 103–279, § 7, July 21, 1994, 108 Stat. 1415; amended Pub. L. 105–226, § 5, Aug. 12, 1998, 112 Stat. 1513; renumbered § 13 and amended Pub. L. 107–224, §§ 2(1), 3, Sept. 18, 2002, 116 Stat. 1340, 1342; Pub. L. 108–410, § 2, Oct. 30, 2004, 118 Stat. 2303; Pub. L. 109–306, § 1, Oct. 6, 2006, 120 Stat. 1720; Pub. L. 110–338, § 4, Oct. 3, 2008, 122 Stat. 3731; Pub. L. 112–131, § 3, June 8, 2012, 126 Stat. 378; Pub. L. 114–113, div. G, title IV, § 427, Dec. 18, 2015, 129 Stat. 2583; Pub. L. 115–31, div. G, title IV, § 429, May 5, 2017, 131 Stat. 501; Pub. L. 115–141, div. G, title IV, § 426, Mar. 23, 2018, 132 Stat. 693; Pub. L. 116–6, div. E, title IV, § 425, Feb. 15, 2019, 133 Stat. 264; Pub. L. 116–94, div. D, title IV, § 423, div. P, title VI, § 602, Dec. 20, 2019, 133 Stat. 2748, 3194.)

Editorial Notes
Prior ProvisionsA prior section 13 of Pub. L. 85–874 was renumbered section 14 and is classified to section 76s of this title.

Amendments2019—Subsecs. (a), (b). Pub. L. 116–94, § 602, added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There is authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title, $25,690,000 for fiscal year 2020.
“(b) Capital Projects.—There is authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title, $17,800,000 for fiscal year 2020.”
Pub. L. 116–94, § 423, added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There is authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title, $24,490,000 for fiscal year 2019.
“(b) Capital Projects.—There is authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title, $16,800,000 for fiscal year 2019.”
Pub. L. 116–6 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There is authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title, $23,740,000 for fiscal year 2018.
“(b) Capital Projects.—There is authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title, $16,775,000 for fiscal year 2018.”
2018—Subsecs. (a), (b). Pub. L. 115–141 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There is authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title, $22,260,000 for fiscal year 2017.
“(b) Capital Projects.—There is authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title, $14,140,000 for fiscal year 2017.”
2017—Subsecs. (a), (b). Pub. L. 115–31 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There is authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title, $22,000,000 for fiscal year 2016.
“(b) Capital Projects.—There is authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title, $15,000,000 for fiscal year 2016.”
2015—Subsecs. (a), (b). Pub. L. 114–113 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There is authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title $22,379,000 for each of fiscal years 2013 and 2014.
“(b) Capital Projects.—There is authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title $13,588,000 for each of fiscal years 2013 and 2014.”
2012—Subsecs. (a), (b). Pub. L. 112–131 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There are authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title—
“(1) $20,200,000 for fiscal year 2008;
“(2) $21,800,000 for fiscal year 2009;
“(3) $22,500,000 for fiscal year 2010;
“(4) $23,500,000 for fiscal year 2011; and
“(5) $24,500,000 for fiscal year 2012.
“(b) Capital Projects.—There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title—
“(1) $23,150,000 for fiscal year 2008;
“(2) $16,000,000 for fiscal year 2009;
“(3) $17,000,000 for fiscal year 2010;
“(4) $17,000,000 for fiscal year 2011; and
“(5) $18,500,000 for fiscal year 2012.”
2008—Subsecs. (a), (b). Pub. L. 110–338, § 4(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There are authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title—
“(1) $17,000,000 for fiscal year 2004;
“(2) $18,000,000 for each of fiscal years 2005 and 2006; and
“(3) $19,100,000 for fiscal year 2007.
“(b) Capital Projects.—There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title—
“(1) $16,000,000 for fiscal year 2004;
“(2) $18,000,000 for each of fiscal years 2005 and 2006; and
“(3) $20,000,000 for fiscal year 2007.”
Subsecs. (d), (e). Pub. L. 110–338, § 4(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).
2006—Subsec. (a). Pub. L. 109–306, § 1(a), struck out “and” at end of par. (1), substituted “and 2006; and” for “, 2006, and 2007.” in par. (2), and added par. (3).
Subsec. (b). Pub. L. 109–306, § 1(b), struck out “and” at end of par. (1), substituted “and 2006; and” for “, 2006, and 2007.” in par. (2), and added par. (3).
2004—Subsecs. (a), (b). Pub. L. 108–410 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There are authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title—
“(1) $13,000,000 for fiscal year 1999;
“(2) $14,000,000 for each of fiscal years 2000 and 2001; and
“(3) $15,000,000 for each of fiscal years 2002 and 2003.
“(b) Capital Projects.—There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title—
“(1) $20,000,000 for each of fiscal years 1999, 2000, and 2001;
“(2) $19,000,000 for fiscal year 2002; and
“(3) $17,000,000 for fiscal year 2003.”
2002—Subsecs. (c), (d). Pub. L. 107–224, § 3, added subsec. (c) and redesignated former subsec. (c) as (d).
1998—Subsecs. (a), (b). Pub. L. 105–226 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) Maintenance, Repair, and Security.—There are authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title $12,000,000 for each of fiscal years 1995 through 1999.
“(b) Capital Projects.—There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title $9,000,000 for each of fiscal years 1995 through 1999.”

§ 76s. Definitions
As used in this subchapter, the terms “building and site of the John F. Kennedy Center for the Performing Arts” and “grounds of the John F. Kennedy Center for the Performing Arts” refer to the site in the District of Columbia on which the John F. Kennedy Center building is constructed and that extends to the line of the west face of the west retaining walls and curbs of the Inner Loop Freeway on the east, the north face of the north retaining walls and curbs of the Theodore Roosevelt Bridge approaches on the south, the east face of the east retaining walls and curbs of Rock Creek Parkway on the west, and the south curbs of New Hampshire Avenue and F Street on the north, as generally depicted on the map entitled “Transfer of John F. Kennedy Center for the Performing Arts”, numbered 844/82563, and dated April 20, 1994 (as amended by the map entitled “Transfer of John F. Kennedy Center for the Performing Arts”, numbered 844/82563A and dated May 22, 1997), which shall be on file and available for public inspection in the office of the National Capital Region, National Park Service, Department of the Interior. Upon completion of the project for establishment of the John F. Kennedy Center Plaza authorized by section 76q–1 of this title, the Board, in consultation with the Secretary of Transportation, shall amend the map that is on file and available for public inspection under the preceding sentence.
(Pub. L. 85–874, § 14, formerly § 13, as added Pub. L. 103–279, § 8, July 21, 1994, 108 Stat. 1416; amended Pub. L. 105–95, § 4, Nov. 19, 1997, 111 Stat. 2149; renumbered § 14 and amended Pub. L. 107–224, §§ 2(1), 4(b), Sept. 18, 2002, 116 Stat. 1340, 1343.)

Editorial Notes
Amendments2002—Pub. L. 107–224, § 4(b), inserted at end: “Upon completion of the project for establishment of the John F. Kennedy Center Plaza authorized by section 76q–1 of this title, the Board, in consultation with the Secretary of Transportation, shall amend the map that is on file and available for public inspection under the preceding sentence.”
1997—Pub. L. 105–95 inserted “(as amended by the map entitled ‘Transfer of John F. Kennedy Center for the Performing Arts’, numbered 844/82563A and dated May 22, 1997)” after “April 20, 1994”.

SUBCHAPTER VI—JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN
§ 76aa. Site for museum and sculpture garden(a) Appropriation and availabilityThe area bounded by Seventh Street, Independence Avenue, Ninth Street, and Jefferson Drive, in the District of Columbia, is hereby appropriated to the Smithsonian Institution as the permanent site of a museum and the area bounded by Seventh Street, Jefferson Drive, Ninth Street, and Madison Drive, in the District of Columbia is hereby made available to the Smithsonian Institution as the permanent site of a sculpture garden, both areas to be used for the exhibition of works of art.

(b) Powers and duties of Board of RegentsThe Board of Regents of the Smithsonian Institution is authorized to remove any existing structure, to prepare architectural and engineering designs, plans, and specifications, and to construct a suitable museum within said area lying south of Jefferson Drive and to provide a sculpture garden for the use of the Smithsonian Institution within the areas designated in subsection (a) of this section.

(Pub. L. 89–788, § 1, Nov. 7, 1966, 80 Stat. 1403.)

§ 76bb. Joseph H. Hirshhorn Museum and Sculpture Garden(a) Designation; administration by Board of Regents; cooperation of Board with Secretary of the InteriorThe museum and sculpture garden provided for by this subchapter shall be designated and known in perpetuity as the Joseph H. Hirshhorn Museum and Sculpture Garden, and shall be a free public museum and sculpture garden under the administration of the Board of Regents of the Smithsonian Institution. In administering the sculpture garden the Board shall cooperate with the Secretary of 11 So in original. Probably should be followed by “the”. Interior so that the development and use of the Garden is consistent with the open-space concept of the Mall, for which the Secretary of 1 Interior is responsible, and with related development regarding underground garages and street development.

(b) Federal fundsThe faith of the United States is pledged that the United States shall provide such funds as may be necessary for the upkeep, operation, and administration of the Joseph H. Hirshhorn Museum and Sculpture Garden.

(c) UsesThe Joseph H. Hirshhorn Museum and Sculpture Garden shall be the permanent home of the collections of art of Joseph H. Hirshhorn and the Joseph H. Hirshhorn Foundation, and shall be used for the storage, exhibition, and study of works of art, and for the administration of the affairs of the Joseph H. Hirshhorn Museum and Sculpture Garden.

(Pub. L. 89–788, § 2, Nov. 7, 1966, 80 Stat. 1403.)

§ 76cc. Board of Trustees(a) Establishment; powers and dutiesThere is established in the Smithsonian Institution a Board of Trustees to be known as the Trustees of the Joseph H. Hirshhorn Museum and Sculpture Garden, which shall provide advice and assistance to the Board of Regents of the Smithsonian Institution on all matters relating to the administration, operation, maintenance, and preservation of the Joseph H. Hirshhorn Museum and Sculpture Garden; and which shall have the sole authority (i) to purchase or otherwise acquire (whether by gift, exchange, or other means) works of art for the Joseph H. Hirshhorn Museum and Sculpture Garden, (ii) to loan, exchange, sell, or otherwise dispose of said works of art, and (iii) to determine policy as to the method of display of the works of art contained in said museum and sculpture garden.

(b) Membership; appointment; terms of office; vacanciesThe Board of Trustees shall be composed of the Chief Justice of the United States and the Secretary of the Smithsonian Institution, who shall serve as ex officio members, and eight general members to be appointed as follows: Four of the general members first taking office shall be appointed by the President of the United States from among nominations submitted by Joseph H. Hirshhorn and four shall be appointed by the President from among nominations submitted by the Board of Regents of the Smithsonian Institution. The general members so appointed by the President shall have terms expiring one each on July 1, 1968, 1969, 1970, 1971, 1972, 1973, 1974, and 1975, as designated by the President. Successor general members (who may be elected from among members whose terms have expired) shall serve for a term of six years, except that a successor chosen to fill a vacancy occurring prior to the expiration of the term of office of his predecessor shall be chosen only for the remainder of such term. Vacancies occurring among general members of the Board of Trustees of the Joseph H. Hirshhorn Museum and Sculpture Garden shall be filled by a vote of not less than four-fifths of the then acting members of the Board of Trustees.

(Pub. L. 89–788, § 3, Nov. 7, 1966, 80 Stat. 1404.)

§ 76dd. Director, administrator, curators, and other personnel; appointment, compensation, and duties
The Board of Regents of the Smithsonian Institution may appoint and fix the compensation and duties of a director and, subject to his supervision, an administrator and two curators of the Joseph H. Hirshhorn Museum and Sculpture Garden, none of whose appointment, compensation, or duties shall be subject to the civil service laws or chapter 51 and subchapter III of chapter 53 of title 5. The Board of Regents may employ such other officers and employees as may be necessary for the efficient administration, operation, and maintenance of the Joseph H. Hirshhorn Museum and Sculpture Garden.
(Pub. L. 89–788, § 4, Nov. 7, 1966, 80 Stat. 1404.)

Editorial Notes
Codification
“Chapter 51 and subchapter III of chapter 53 of title 5” substituted in text for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§ 76ee. Authorization of appropriations
There is authorized to be appropriated not to exceed $15,000,000 for the planning and construction of the Joseph H. Hirshhorn Museum and Sculpture Garden, and such additional sums as may be necessary for the maintenance and operation of such museum and sculpture garden.
(Pub. L. 89–788, § 5, Nov. 7, 1966, 80 Stat. 1404.)

SUBCHAPTER VII—NATIONAL AIR AND SPACE MUSEUM
§ 77. National Air and Space Museum(a) Establishment; board; administration; reimbursement of expensesThere is hereby established under the Smithsonian Institution a bureau to be known as a National Air and Space Museum, which shall be administered by the Smithsonian Institution with the advice of a board to be composed of the Chief of Staff of the Air Force, or his designee, the Chief of Space Operations, or the Chief’s designee, the Chief of Naval Operations, or his designee, the Chief of Staff of the Army, or his designee, the Commandant of the Marine Corps, or his designee, the Commandant of the Coast Guard, or his designee, the Administrator of the National Aeronautics and Space Administration, or his designee, the Administrator of the Federal Aviation Administration, or his designee, the Secretary of the Smithsonian Institution, and three citizens of the United States appointed by the President from civilian life who shall serve at the pleasure of the President. The members of the board shall serve as such members without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the board.

(b) Appointment and compensation of head of museumThe Secretary of the Smithsonian Institution, with the advice of the board, may appoint and fix the compensation and duties of the head of a national air and space museum whose appointment shall not be subject to the civil service laws.

(Aug. 12, 1946, ch. 955, § 1, 60 Stat. 997; July 26, 1947, ch. 343, title II, § 208(b), 61 Stat. 503; Pub. L. 89–509, pt. I, §§ 2, 3, July 19, 1966, 80 Stat. 310; Pub. L. 89–670, §§ 3(e), 6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938; Pub. L. 116–283, div. A, title IX, § 927(g), Jan. 1, 2021, 134 Stat. 3832.)

Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 116–283, which directed amendment of subsec. (a) of section 1 of the Act of August 12, 1946 (60 Stat. 997, chapter 995; 20 U.S.C. 77(a)) by inserting “the Chief of Space Operations, or the Chief’s designee,” after “the Chief of Staff of the Air Force, or his designee,”, was executed to this section, which is section 1 of act of Aug. 12, 1946, ch. 955, to reflect the probable intent of Congress.
1966—Subsec. (a). Pub. L. 89–509, § 2, changed the name of the museum from the National Air Museum to the National Air and Space Museum, expanded the advisory board to include additional members including the Chief of Staff of the Army, the Commandant of the Marine Corps, the Commandant of the Coast Guard, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Federal Aviation Agency, and an additional member appointed from civilian life to serve at the pleasure of the President, and provided for reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Board.
Subsec. (b). Pub. L. 89–509, § 3, substituted “national air and space museum” for “national air museum” and struck out provision that the salary of the head of the museum shall not be subject to the Classification Act of 1923, as amended.

Statutory Notes and Related Subsidiaries
Short Title of 1966 AmendmentPub. L. 89–509, § 1, July 19, 1966, 80 Stat. 310, provided: “That this Act [amending this section, sections 77a, 77c, and 77d of this title, and provisions set out as notes under this section and sections 77b and 77d of this title, and repealing section 77b of this title] may be cited as ‘the National Air Museum Amendments Act of 1965’.”

Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
“Chief of Staff of the Air Force” substituted in subsec. (a) for “Commanding General of the Army Air Forces” pursuant to act July 26, 1947, ch. 343, title II, § 208(b), 61 Stat. 503, which transferred functions of Commanding General of the Army Air Forces to Chief of Staff, United States Air Force. Section 208(b) of act July 26, 1947 was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. See sections 8031 and 8034 of Title 10, Armed Forces.
“Federal Aviation Administration” substituted in subsec. (a) for “Federal Aviation Agency” pursuant to Pub. L. 89–670, §§ 3(e), 6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938, which transferred all functions, powers, and duties of Federal Aviation Agency and of Administrator and other offices and officers thereof to Secretary of Transportation and established a Federal Aviation Administration in Department of Transportation. See section 106 of Title 49, Transportation.

AppropriationsAct Aug. 12, 1946, ch. 955, § 6, 60 Stat. 998, as amended by Pub. L. 89–509, pt. I, § 10, July 19, 1966, 80 Stat. 311, provided that: “There is hereby authorized to be appropriated the sum of $50,000 for the purposes of this Act [this subchapter] and there are hereby authorized to be appropriated annually hereafter such sums as may be necessary to maintain and administer said national air and space museum including salaries and all other necessary expenses.”

Construction of Museum CenterPub. L. 104–222, Oct. 1, 1996, 110 Stat. 3025, provided that:
“SECTION 1. CONSTRUCTION OF MUSEUM CENTER.“The Board of Regents of the Smithsonian Institution is authorized to construct the Smithsonian Institution National Air and Space Museum Dulles Center at Washington Dulles International Airport.

“SEC. 2. LIMITATION ON USE OF FUNDS.“No appropriated funds may be used to pay any expense of the construction authorized by section 1.”

Extension at Washington Dulles International AirportPub. L. 103–57, Aug. 2, 1993, 107 Stat. 279, provided that:
“SECTION 1. PLAN FOR NATIONAL AIR AND SPACE MUSEUM EXTENSION.“The Board of Regents of the Smithsonian Institution shall have authority to plan and design an extension of the National Air and Space Museum at Washington Dulles International Airport.

“SEC. 2. AUTHORIZATION OF APPROPRIATIONS.“There is authorized to be appropriated for fiscal years beginning after September 30, 1993, a total of $8,000,000 to carry out this Act.”

Ratification of Compensation Paid Head of MuseumPub. L. 89–509, pt. I, § 11, July 19, 1966, 80 Stat. 311, provided that: “Payments of compensation heretofore made to the head of the National Air Museum at rates fixed by the Secretary of the Smithsonian Institution without regard to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees] are hereby ratified and affirmed.”

§ 77a. Functions of museum
The national air and space museum shall memorialize the national development of aviation and space flight; collect, preserve, and display aeronautical and space flight equipment of historical interest and significance; serve as a repository for scientific equipment and data pertaining to the development of aviation and space flight; and provide educational material for the historical study of aviation and space flight.
(Aug. 12, 1946, ch. 955, § 2, 60 Stat. 998; Pub. L. 89–509, pt. I, § 4, July 19, 1966, 80 Stat. 310.)

Editorial Notes
Amendments1966—Pub. L. 89–509 substituted “national air and space museum” for “national air museum”, inserted “and space flight” after “aviation” wherever appearing, and substituted “aeronautical and space flight equipment” for “aeronautical equipment”.

§ 77b. Repealed. Pub. L. 89–509, pt. I, § 5, July 19, 1966, 80 Stat. 310

Section, act Aug. 12, 1946, ch. 955, § 3, 60 Stat. 998, directed Secretary of Smithsonian Institution to investigate and survey suitable lands and buildings for selection as a site for national air museum and to make recommendations to Congress.

Statutory Notes and Related Subsidiaries
Construction Plans; Location; Design; Supervision of Drawings and Specifications; Construction; Authorization and Transfer of AppropriationsPub. L. 85–935, Sept. 6, 1958, 72 Stat. 1794, as amended by Pub. L. 89–509, §§ 12, 13, July 19, 1966, 80 Stat. 311, 312, authorized and directed Regents of Smithsonian Institution to prepare plans and to construct a building for a National Air and Space Museum at a certain site with exact location to be approved by National Capital Planning Commission and design to be approved by Commission of Fine Arts and with supervision of work to be by Administrator of General Services Administration and also appropriated such sums as were necessary to carry out the work.

§ 77c. Museum board(a) Seal; regulations; vacanciesThe board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations as it deems necessary for the administration of its functions. The board may function notwithstanding vacancies and six members of the board shall constitute a quorum for the transaction of business.

(b) Annual reportThe Smithsonian Institution shall include in its annual report of its operations to Congress a statement of the operations of said national air and space museum, including all public and private moneys received and disbursed.

(Aug. 12, 1946, ch. 955, § 4, 60 Stat. 998; Pub. L. 89–509, pt. I, §§ 6, 7, July 19, 1966, 80 Stat. 310, 311.)

Editorial Notes
Amendments1966—Subsec. (a). Pub. L. 89–509, § 6, raised from three to six the number of board members required to constitute a quorum.
Subsec. (b). Pub. L. 89–509, § 7, substituted “national air and space museum” for “national air museum”.

§ 77d. Transfer or loan of aeronautical or space flight equipment to museum
The heads of executive departments and independent agencies of the Government are authorized to transfer or loan to said national air and space museum without charge therefor, aircraft, spacecraft, aircraft and spacecraft parts, instruments, engines, or other aeronautical and space flight equipment or records for exhibition, historical, or educational purposes.
(Aug. 12, 1946, ch. 955, § 5(a), 60 Stat. 998; Pub. L. 89–509, pt. I, § 8, July 19, 1966, 80 Stat. 311.)

Editorial Notes
Codification
Section consists of subsec. (a) of section 5 of act Aug. 12, 1946. Subsec. (b) of said section is set out as a note below.

Amendments1966—Pub. L. 89–509 inserted “and independent agencies” after “departments”, “and space” after “national air”, “spacecraft,” after “aircraft,”, “and spacecraft” after “aircraft” in phrase “aircraft parts”, and “and space flight” after “aeronautical”.

Statutory Notes and Related Subsidiaries
Acceptance of Statue of General MitchellAct Aug. 12, 1946, ch. 955, § 5(b), 60 Stat. 998, as amended by Pub. L. 89–509, pt. I, § 9, July 19, 1966, 80 Stat. 311, provided that: “The Secretary of the Smithsonian Institution, with the advice of the Commission of Fine Arts, is authorized (1) to accept as a gift to the Smithsonian Institution from George H. Stephenson, of Philadelphia, Pennsylvania, a statue of Brigadier General William L. Mitchell of such character as may be deemed appropriate, and (2) without expense to the United States, to cause such statue to be erected at a suitable location on the grounds of the national air and space museum.”

SUBCHAPTER VIII—PALEONTOLOGICAL INVESTIGATIONS
§ 78. Cooperation of Smithsonian Institution with State institutions for continuing paleontological investigations
The Secretary of the Smithsonian Institution is authorized to cooperate with any State, educational institution, or scientific organization in the United States for continuing paleontological investigations, and the excavation and preservation of fossil remains, in areas which will be flooded by the construction of Government dams or otherwise be made unavailable for such investigations because of such construction: Provided, That such investigations and activities shall not duplicate nor affect adversely similar operations being conducted by the Department of Interior in cooperation with the Smithsonian Institution.
(Aug. 15, 1949, ch. 427, § 1, 63 Stat. 606.)

§ 78a. Authorization of appropriations; availability of funds; limit on use of funds during fiscal year; supervision; rules and regulations
There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $65,000, which shall be available until expended for the above purposes: Provided, That at such time as the Smithsonian Institution is satisfied that any State agency, or any educational institution or scientific organization in any of the United States, is prepared to contribute to such investigation and when in its judgment such investigation shall appear meritorious, the Secretary of the Smithsonian Institution may make available for such investigation such amounts from this sum as shall be equal to the amounts contributed respectively by each such State agency, or educational institution or scientific organization: Provided further, That the amount to be made available from this sum for such investigation in cooperation with each such State agency, or educational institution or scientific organization, shall not exceed $10,000 in any fiscal year: Provided further, That all such cooperative work and division of the result thereof shall be under the direction of the Secretary of the Smithsonian Institution: Provided further, That where lands are involved which are controlled by the Government of the United States, cooperative work thereon shall be under the provisions of section 1866(b) of title 18 and sections 320302 and 320303 of title 54, and rules and regulations pertaining thereto.
(Aug. 15, 1949, ch. 427, § 2, 63 Stat. 606; Pub. L. 113–287, § 5(e)(1), Dec. 19, 2014, 128 Stat. 3268.)

Editorial Notes
Amendments2014—Pub. L. 113–287 substituted “section 1866(b) of title 18 and sections 320302 and 320303 of title 54” for “the Act of June 8, 1906 (16 U.S.C. 432, 433)”.

SUBCHAPTER IX—CANAL ZONE BIOLOGICAL AREA
§ 79. Barro Colorado Island in Gatun Lake to be set aside
The President is authorized and directed to set aside within the Canal Zone an area in Gatun Lake known as Barro Colorado Island in which the natural features shall, except in event of declared national emergency, be left in their natural state for scientific observation and investigation.
(July 2, 1940, ch. 516, § 1, 54 Stat. 724.)

Editorial Notes

References in TextFor definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Codification
Section was formerly classified to section 1381 of Title 48, Territories and Insular Possessions.

Statutory Notes and Related Subsidiaries
Termination of War and EmergenciesJoint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

§ 79a. Preservation of natural features for scientific observation and investigation
The purpose of setting aside such an area is to preserve and conserve its natural features, including existing flora and fauna, in as nearly a natural condition as possible, thus providing a place where duly qualified students can make observations and scientific investigations for increase of knowledge, under such conditions and regulations as may be prescribed by the Smithsonian Institution.
(July 2, 1940, ch. 516, § 2, 54 Stat. 724; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

Editorial Notes
Codification
Section was formerly classified to section 1382 of Title 48, Territories and Insular Possessions.

Executive Documents

Transfer of Functions
“Smithsonian Institution” substituted in text for “Board of Directors of the Canal Zone Biological Area” by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees.

§ 79b. Functions of Smithsonian Institution
The Smithsonian Institution shall (a) determine the policy, prescribe conditions under which studies may be pursued within the area, and promulgate regulations for carrying out the purposes of this subchapter; (b) be responsible for the construction and maintenance of laboratory and other facilities on the area provided for the use of students authorized to carry on studies within the confines of the area; (c) deposit into the Treasury of the United States sums donated or subscribed or collected to be expended for carrying out the purposes of this subchapter; (d) in its discretion, fixed 11 So in original. Probably should be “fix”. charges that may be made for use of laboratory or other facilities provided students authorized to make observations and investigations within the prescribed area and provide for the collection of such sums for deposit into the Treasury of the United States; (e) make such disposal of any moneys donated, subscribed, collected, or otherwise provided as in its judgment is to the best interest in carrying out the purpose of this subchapter: Provided, That sums contributed or appropriated for specific purposes shall be used for such purpose only; and (f) include in its annual report of its operations to Congress a statement of activities and operations during the preceding year.
(July 2, 1940, ch. 516, § 4, 54 Stat. 724; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101; Pub. L. 89–280, § 2, Oct. 20, 1965, 79 Stat. 1012.)

Editorial Notes
Codification
Section was formerly classified to section 1384 of Title 48, Territories and Insular Possessions.

Amendments1965—Pub. L. 89–280 substituted provisions in cl. (f) requiring the Smithsonian Institution to include in its annual report of its operations to Congress a statement of activities and operations during the preceding year for provisions which required the Smithsonian Institution to submit to the Congress of the United States not later than the 15th day of each January a report of activities and operations during the preceding year.

Executive Documents

Transfer of Functions
“Smithsonian Institution” substituted in text for “Board of Directors of the Canal Zone Biological Area” and former clause (a) which provided for annual meetings of Board was superseded by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees.

§ 79c. Resident manager; powers and duties; compensation
The Smithsonian Institution may select and designate a resident manager to assist in carrying out the policy, conditions, and regulations approved by it in compliance with the purposes of this subchapter. The resident manager shall receive such compensation for his services as may be allowed by the Smithsonian Institution.
(July 2, 1940, ch. 516, § 5, 54 Stat. 725; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

Editorial Notes
Codification
Section was formerly classified to section 1385 of Title 48, Territories and Insular Possessions.

Executive Documents

Transfer of Functions
References to the “Board of Directors of the Canal Zone Biological Area” and its “executive officer” changed to “Smithsonian Institution” and provisions for the appointment and compensation of said executive officer were superseded by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees.

§ 79d. Deposit of receipts into Treasury; disbursements
All moneys received by donation, subscription, fees, or otherwise, except the moneys appropriated pursuant to section 79e of this title, for carrying out the purposes of this subchapter shall be deposited into the Treasury as trust funds and are appropriated for such purposes. Disbursements of such funds shall be made by the Secretary of the Treasury through the Fiscal Service on requisitions or vouchers signed by or on authority of the Smithsonian Institution.
(July 2, 1940, ch. 516, § 6, 54 Stat. 725; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

Editorial Notes
Codification
Section was formerly classified to section 1386 of Title 48, Territories and Insular Possessions.

Executive Documents

Transfer of Functions
Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.
“Smithsonian Institution” substituted in text for “executive officer of the Board of Directors of the Canal Zone Biological Area” by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.
“Fiscal Service” substituted in text for “Division of Disbursement” on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Finance.

§ 79e. Authorization of appropriations
There are authorized to be appropriated annually, from money in the Treasury of the United States not otherwise appropriated, such sums as are necessary for the administration of this subchapter and for the maintenance of laboratory or other facilities provided for carrying out the purposes of this subchapter.
(July 2, 1940, ch. 516, § 7, 54 Stat. 725; Pub. L. 89–280, § 1, Oct. 20, 1965, 79 Stat. 1012; Pub. L. 96–89, § 1, Oct. 19, 1979, 93 Stat. 697; Pub. L. 98–57, § 1, July 22, 1983, 97 Stat. 293.)

Editorial Notes
Codification
Section was formerly classified to section 1387 of Title 48, Territories and Insular Possessions.

Amendments1983—Pub. L. 98–57 struck out “, not to exceed $750,000” after “such sums”.
1979—Pub. L. 96–89 substituted “$750,000” for “$350,000”.
1965—Pub. L. 89–280 substituted “$350,000” for “$10,000”.

Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentPub. L. 98–57, § 2, July 22, 1983, 97 Stat. 293, provided that: “The provision in the first section of this Act [amending this section] shall take effect on October 1, 1983.”

Effective Date of 1979 AmendmentPub. L. 96–89, § 2, Oct. 19, 1979, 93 Stat. 697, provided that: “The provision in section 1 of this Act [amending this section] shall take effect on October 1, 1979.”

SUBCHAPTER X—NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD
§ 80. National Armed Forces Museum Advisory Board(a) Establishment; functionsThere is established in the Smithsonian Institution a National Armed Forces Museum Advisory Board (hereinafter referred to as the Board), which shall provide advice and assistance to the Regents of the Smithsonian Institution on matters concerned with the portrayal of the contributions which the Armed Forces of the United States have made to American society and culture.

(b) MembershipThe Board shall be composed of eleven members, as follows:(1) The Secretary of Defense, who shall serve as an ex officio member;

(2) The Secretary of the Smithsonian Institution, who shall serve as an ex officio member;

(3) Nine members appointed by the President, (A) three of whom shall be appointed from persons recommended by the Secretary of Defense to represent the Armed Forces, and (B) two of whom shall be appointed from among persons recommended by the Regents of the Smithsonian Institution. Not less than two members appointed by the President shall be from civilian life.

(c) Term of office; vacanciesMembers of the Board appointed by the President shall be appointed to serve for a period of six years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term and the terms of office of the members first appointed shall expire, as designated by the President at the time of appointment, three at the end of two years, three at the end of four years, and three at the end of six years.

(d) QuorumFive members of the Board shall constitute a quorum and any vacancy in the Board shall not affect its power to function.

(e) Compensation, travel and other expensesThe members of the Board shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Board.

(f) Biennial organization; rules and regulationsThe Board shall select officers from among its members biennially and shall make such bylaws, rules, and regulations as it deems necessary for the furtherance of its business.

(Pub. L. 87–186, § 1, Aug. 30, 1961, 75 Stat. 414.)

§ 80a. Display of contributions of Armed Forces(a) Study center; historical collectionsThe Smithsonian Institution shall commemorate and display the contributions made by the military forces of the Nation toward creating, developing, and maintaining a free, peaceful, and independent society and culture in the United States of America. The valor and sacrificial service of the men and women of the Armed Forces shall be portrayed as an inspiration to the present and future generations of America. The demands placed upon the full energies of our people, the hardships endured, and the sacrifice demanded in our constant search for world peace shall be clearly demonstrated. The extensive peacetime contributions the Armed Forces have made to the advance of human knowledge in science, nuclear energy, polar and space exploration, electronics, engineering, aeronautics, and medicine shall be graphically described. The Smithsonian Institution shall interpret through dramatic display significant current problems affecting the Nation’s security. It shall be equipped with a study center for scholarly research into the meaning of war, its effect on civilization, and the role of the Armed Forces in maintaining a just and lasting peace by providing a powerful deterrent to war. In fulfilling its purposes, the Smithsonian Institution shall collect, preserve, and exhibit military objects of historical interest and significance.

(b) National Air and Space Museum provisions unaffectedThe provisions of this subchapter in no way rescind subchapter VII of this chapter, which established the National Air and Space Museum of the Smithsonian Institution, or any other authority of the Smithsonian Institution.

(Pub. L. 87–186, § 2, Aug. 30, 1961, 75 Stat. 414; Pub. L. 89–509, pt. I, § 2, July 19, 1966, 80 Stat. 310.)

Statutory Notes and Related Subsidiaries

Change of Name
“National Air and Space Museum” substituted for “National Air Museum” in subsec. (b) pursuant to section 2 of Pub. L. 89–509, which is classified to section 77 of this title.

§ 80b. Selection of site(a) Authorization of Board of Regents; submission of recommendations to CongressThe Board of Regents of the Smithsonian Institution is authorized and directed, with the advice and assistance of the Board, to investigate and survey lands and buildings in and near the District of Columbia suitable for the display of military collections. The Board of Regents of the Smithsonian Institution shall, after consulting with and seeking the advice of the Commission on Fine Arts, the National Capital Planning Commission, and the General Services Administration, submit recommendations to the Congress with respect to the acquisition of lands and buildings for such purpose.

(b) Public exhibits and study collections; exhibits of military and naval operationsBuildings acquired pursuant to recommendations made under subsection (a) of this section shall be used to house public exhibits and study collections that are not appropriate for the military exhibits of the Smithsonian Institution on the Mall in the District of Columbia. Facilities shall be provided for the display of large military objects and for the reconstruction, in an appropriate way, on lands acquired pursuant to recommendations made under subsection (a) of this section, of exhibits showing the nature of fortifications, trenches, and other military and naval facilities characteristic of the American colonial period, the War of the Revolution, and subsequent American military and naval operations.

(Pub. L. 87–186, § 3, Aug. 30, 1961, 75 Stat. 415.)

§ 80c. Transfer or loan of objects, equipment and records to Smithsonian Institution
The heads of executive departments and independent agencies of the Government are authorized to transfer or loan to the Smithsonian Institution for its use without charge therefor military, naval, aeronautical, and space objects, equipment and records for exhibition, historical, or other appropriate purposes.
(Pub. L. 87–186, § 4, Aug. 30, 1961, 75 Stat. 415.)

§ 80d. Authorization of appropriations
There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary for the purposes of this subchapter.
(Pub. L. 87–186, § 5, Aug. 30, 1961, 75 Stat. 415.)

SUBCHAPTER XI—WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
§ 80e. Congressional declaration of policy
The Congress hereby finds and declares—(1) that a living institution expressing the ideals and concerns of Woodrow Wilson would be an appropriate memorial to his accomplishments as the twenty-eighth President of the United States, a distinguished scholar, an outstanding university president, and a brilliant advocate of international understanding;

(2) that the Woodrow Wilson Memorial Commission, created by joint resolution of Congress, recommended that an International Center for Scholars be constructed in the District of Columbia in the area north of the proposed Market Square as part of the Nation’s memorial to Woodrow Wilson;

(3) that such a center, symbolizing and strengthening the fruitful relation between the world of learning and the world of public affairs, would be a suitable memorial to the spirit of Woodrow Wilson; and

(4) that the establishment of such a center would be consonant with the purposes of the Smithsonian Institution, created by Congress in 1846 “for the increase and diffusion of knowledge among men.”

(Pub. L. 90–637, § 2, Oct. 24, 1968, 82 Stat. 1357.)

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 90–637, § 1, Oct. 24, 1968, 82 Stat. 1356, provided: “That this Act [enacting this subchapter] may be cited as the ‘Woodrow Wilson Memorial Act of 1968’.”

§ 80f. Woodrow Wilson International Center for Scholars; Board of Trustees of the Center(a) EstablishmentThere is hereby established in the Smithsonian Institution a Woodrow Wilson International Center for Scholars and a Board of Trustees of the Center (hereinafter referred to as the “Center” and the “Board”), whose duties it shall be to maintain and administer the Center and site thereof and to execute such other functions as are vested in the Board by this subchapter.

(b) Composition of BoardThe Board of Trustees shall be composed of 17 members as follows:(1) the Secretary of State;

(2) the Secretary of Health and Human Services;

(3) the Secretary of Education;

(4) the Chairman of the National Endowment for the Humanities;

(5) the Secretary of the Smithsonian Institution;

(6) the Librarian of Congress;

(7) the Archivist of the United States;

(8) one member appointed by the President from time to time from within the Federal Government; and

(9) 9 members appointed by the President from private life.

(c) Appointment of alternate members by members of BoardEach member of the Board of Trustees specified in paragraphs (1) through (8) of subsection (b) may designate another official to serve on the Board of Trustees in his stead.

(d) Terms of office; vacancies; reappointmentEach member of the Board of Trustees appointed under paragraph (10) of subsection (b) shall serve for a term of six years from the expiration of his predecessor’s term; except that (1) any trustee appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the trustees first taking office shall begin on October 24, 1968, and shall expire as designated at the time of appointment, two at the end of two years, three at the end of four years, and three at the end of six years. No trustee of the Board chosen from private life shall be eligible to serve in excess of two consecutive terms, except that a trustee whose term has expired may serve until his successor has qualified.

(e) Chairman and Vice Chairman of BoardThe President shall designate a Chairman and a Vice Chairman from among the members of the Board chosen from private life.

(Pub. L. 90–637, § 3, Oct. 24, 1968, 82 Stat. 1357; Pub. L. 95–426, title II, § 206, Oct. 7, 1978, 92 Stat. 975; Pub. L. 101–268, Apr. 9, 1990, 104 Stat. 132; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(i), Oct. 21, 1998, 112 Stat. 2681–788.)

Editorial Notes
Amendments1998—Subsec. (b). Pub. L. 105–277, § 1335(i)(1)(A), substituted “17” for “19” in introductory provisions.
Subsec. (b)(7) to (10). Pub. L. 105–277, § 1335(i)(1)(B)–(D), redesignated pars. (8) to (10) as (7) to (9), respectively, in par. (9) substituted “9” for “10”, and struck out former par. (7) which read as follows: “the Director of the United States Information Agency;”.
Subsec. (c). Pub. L. 105–277, § 1335(i)(2), substituted “(8)” for “(9)”.
1990—Subsec. (b). Pub. L. 101–268, § 1, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Board of Trustees shall be composed of sixteen members as follows:
“(1) the Secretary of State;
“(2) the Director of the United States Information Agency;
“(3) the Secretary of Health and Human Services;
“(4) the Chairman of the National Endowment for the Humanities;
“(5) the Secretary of the Smithsonian Institution;
“(6) the Librarian of Congress;
“(7) the Archivist of the United States;
“(8) one appointed by the President from time to time from within the Federal Government; and
“(9) eight appointed by the President from private life.”
Subsec. (c). Pub. L. 101–268, § 2(1), substituted “(9)” for “(8)”.
Subsec. (d). Pub. L. 101–268, § 2(2), substituted “(10)” for “(9)”.
1978—Subsec. (b). Pub. L. 95–426, § 206(a)(1), substituted “sixteen” for “fifteen”.
Subsec. (b)(2) to (9). Pub. L. 95–426, § 206(a)(2), (3), designated pars. (2) to (8) as (3) to (9), respectively, and added a new par. (2) “the Director of the International Communication Agency”.
Subsec. (c). Pub. L. 95–426, § 206(b)(1), substituted “(8)” for “(7)”.
Subsec. (d). Pub. L. 95–426, § 206(b)(2), substituted “(9)” for “(8)”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of Title 22.

§ 80g. Powers and duties of Board(a) Appointment of scholars; gifts, bequests, etc.; grants; location of Center; physical facilities; compensation of officers; plans and specifications for CenterIn administering the Center, the Board shall have all necessary and proper powers, which shall include but not be limited to the power to—(1) appoint scholars, from the United States and abroad, and, where appropriate, provide stipends, grants, and fellowships to such scholars, and to hire or accept the voluntary services of consultants, advisory boards, and panels to aid the Board in carrying out its responsibilities;

(2) solicit, accept, and dispose of gifts, bequests, and devises of money, securities, and other property of whatsoever character for the benefit of the Center; any such money, securities, or other property shall, upon receipt, be deposited with the Smithsonian Institution, and unless otherwise restricted by the terms of the gift, expenditures shall be in the discretion of the Board for the purposes of the Center;

(3) obtain grants from, and make contracts with, State, Federal, local, and private agencies, organizations, institutions, and individuals;

(4) acquire such site as a location for the Center as may subsequently be authorized by the Congress;

(5) acquire, hold, maintain, use, operate, and dispose of any physical facilities, including equipment, necessary for the operation of the Center;

(6) appoint and fix the compensation and duties of the director and such other officers of the Center as may be necessary for the efficient administration of the Center; the director and two other officers of the Center may be appointed and compensated without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and

(7) prepare plans and specifications for the Center, including the design and development of all buildings, facilities, open spaces, and other structures on the site in consultation with the President’s Temporary Commission on Pennsylvania Avenue, or its successor, and with other appropriate Federal and local agencies, such plans to include an exterior classic frieze memorial to Woodrow Wilson.

(b) Relocation assistance and programsThe Board shall, in connection with acquisition of any site authorized by Congress, as provided for in paragraph (4) of subsection (a) of this section, provide, to businesses and residents displaced from any such site, relocation assistance, including payments and other benefits, equivalent to that authorized to displace businesses and residents under the Housing Act of 1949, as amended [42 U.S.C. 1441 et seq.]. The Board shall develop a relocation program for existing businesses and residents within the site and submit such program to the government of the District of Columbia for a determination as to its adequacy and feasibility. In providing such relocation assistance and developing such relocation program the Board shall utilize to the maximum extent the services and facilities of the appropriate Federal and local agencies.

(Pub. L. 90–637, § 4, Oct. 24, 1968, 82 Stat. 1358; Pub. L. 95–286, § 2, May 26, 1978, 92 Stat. 279.)

Editorial Notes

References in TextThe Housing Act of 1949, as amended, referred to in subsec. (b), is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to chapter 8A (§ 1441 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 1441 of Title 42 and Tables.

Amendments1978—Subsec. (a)(2). Pub. L. 95–286 substituted “devises” for “devices”.

§ 80g–1. Hubert H. Humphrey Fellowship in Social and Political Thought(a) Establishment in CenterThere is hereby established in the Center a Hubert H. Humphrey Fellowship in Social and Political Thought.

(b) Selection of Humphrey Fellow; term; compensationEach year the Board shall select a distinguished scholar, statesman, or cultural figure, from the United States or abroad, to serve at the Center for a period of up to one year as the Hubert H. Humphrey Fellow in Social and Political Thought (hereinafter in this section referred to as the “Humphrey Fellow”). Each Humphrey Fellow shall receive compensation in an amount, determined by the Board, not to exceed the annual income of the trust fund established under subsection (d).

(c) Functions of Humphrey Fellow; publication and dissemination by Board of Memorial LecturesEach Humphrey Fellow shall—(1) deliver a Hubert H. Humphrey Memorial Lecture; and

(2) carry out such projects and work as are consistent with the Humphrey Fellowship.

The Board shall provide for the publication and dissemination of the Hubert H. Humphrey Memorial Lectures.

(d) Hubert H. Humphrey Fellowship Trust Fund; establishment, composition, investments, etc.(1) There is hereby established in the Treasury of the United States a trust fund to be known as the Hubert H. Humphrey Fellowship Trust Fund (hereinafter in this section referred to as the “fund”). The Secretary of the Treasury shall deposit in the fund such sums as may be appropriated to the fund under subsection (f) and shall receive into the Treasury and deposit into the fund such sums as may be received as contributions to the fund.

(2) The Secretary of the Treasury shall invest amounts in the fund in public debt securities with maturities suitable for the needs of the fund and bearing interest at prevailing market rates; and the interest on such investments shall be credited to and form a part of the fund.

(3) Notwithstanding section 80g(a)(2) of this title any gift, bequest, or devise of money, securities or other property for the benefit of the Hubert H. Humphrey Fellowship in Social and Political Thought received by the Board shall, upon receipt, be deposited into the fund as provided by paragraph (1).

(e) Payments to Board from investments for implementation of Fellowship purposesThe Secretary of the Treasury shall pay to the Board from amounts received as interest on investments under subsection (d)(2) such sums as the Board determines are necessary and appropriate for the purposes of the Humphrey Fellowship.

(f) Authorization of appropriationsThere is authorized to be appropriated to the fund for the fiscal year beginning October 1, 1978, $1,000,000.

(Pub. L. 90–637, § 5, as added Pub. L. 95–286, § 1(2), May 26, 1978, 92 Stat. 278.)

§ 80h. Administration; quorum
The Board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations as it deems necessary for the administration of its functions under this subchapter, including, among other matters, bylaws, rules, and regulations relating to the administration of its trust funds and the organization and procedure of the Board. A majority of the members of the Board shall constitute a quorum for the transaction of business.
(Pub. L. 90–637, § 6, formerly § 5, Oct. 24, 1968, 82 Stat. 1359, renumbered Pub. L. 95–286, § 1(1), May 26, 1978, 92 Stat. 278.)

§ 80i. Authorization of appropriations; limitations
There are hereby authorized to be appropriated to the Board such funds as may be necessary to carry out the purposes of this subchapter: Provided, That no more than $200,000 shall be authorized for appropriation through fiscal year 1970 and no part of that appropriation shall be available for construction purposes.
(Pub. L. 90–637, § 7, formerly § 6, Oct. 24, 1968, 82 Stat. 1359, renumbered Pub. L. 95–286, § 1(1), May 26, 1978, 92 Stat. 278.)

§ 80j. Audit of accounts
The accounts of the Board shall be audited in accordance with the principles and procedures applicable to, and as part of, the audit of the other Federal and trust funds of the Smithsonian Institution.
(Pub. L. 90–637, § 8, formerly § 7, Oct. 24, 1968, 82 Stat. 1359, renumbered Pub. L. 95–286, § 1(1), May 26, 1978, 92 Stat. 278.)

SUBCHAPTER XII—MUSEUM OF AFRICAN ART
§ 80k. Donation and transfer of lands and improvements, works of art, and other assets and property of Museum of African Art to Smithsonian Institution
The Board of Regents of the Smithsonian Institution (hereinafter in this subchapter referred to as the “Board”) is authorized to accept a deed or other instrument donating and transferring to the Smithsonian Institution, the land and improvements thereto, collections of works of art, and all other assets and property of the Museum of African Art.
(Pub. L. 95–414, § 1, Oct. 5, 1978, 92 Stat. 911.)

Statutory Notes and Related Subsidiaries
Effective DatePub. L. 95–414, § 7, Oct. 5, 1978, 92 Stat. 913, provided that: “Except for the provisions in sections 1 and 6(b) [this section and section 80p(b) of this title], the provisions of this Act [this subchapter] shall take effect on the date of transfer of a deed or other instrument under the provisions of section 1 [this section].”

§ 80l. Establishment of Museum of African Art; functions
There is established in the Smithsonian Institution a bureau which shall be known as the “Museum of African Art” (hereinafter in this subchapter referred to as the “Museum”). The functions of such bureau shall be those authorized by section 80m(a) of this title.
(Pub. L. 95–414, § 2, Oct. 5, 1978, 92 Stat. 911.)

Statutory Notes and Related Subsidiaries
Construction of National Museum of African ArtRegents of Smithsonian Institution authorized to construct building for National Museum of African Art, see Pub. L. 97–203, June 24, 1982, 96 Stat. 129, set out as a note under section 50 of this title.

§ 80m. Powers of Board(a) Acquisition, retention, and disposition of property; research and education programsFor the purpose of carrying out sections 80k and 80l of this title, the Board may—(1) purchase, accept, borrow, or otherwise acquire additional works of art or any other real or personal property for the Museum;

(2) preserve, maintain, restore, display, loan, transfer, store, or otherwise hold any property of whatsoever nature acquired pursuant to section 80k of this title or paragraph (1) of this subsection;

(3) conduct programs of research and education; and

(4) subject to any limitations otherwise expressly provided by law, and, in the case of any gift, subject to any applicable restrictions under the terms of such gift, sell, exchange, or otherwise dispose of any property of whatsoever nature acquired pursuant to the provisions of this subchapter: Provided, That the proceeds from the sale of any property acquired pursuant to section 80k of this title shall be designated for the benefit of the Museum.

(b) Recommendations of CommissionIn carrying out the purposes of this subchapter, the Board shall consider the recommendations of the Commission established pursuant to section 80n of this title.

(Pub. L. 95–414, § 3, Oct. 5, 1978, 92 Stat. 911.)

§ 80n. Commission for the Museum of African Art(a) Establishment; dutiesThere is established a Commission for the Museum of African Art (hereinafter the “Commission”) which shall provide advice and assistance to the Board concerning the operation and development of the Museum, its collections and programs.

(b) MembershipThe Commission shall consist of fifteen members to be appointed by the Board. In addition, the Secretary and an Assistant Secretary of the Smithsonian Institution shall serve as ex officio members. The Board shall appoint to the first term on the Commission no less than ten members of the Board of Trustees of the Museum of African Art who are serving on October 5, 1978. Each initial member so appointed shall serve for a three-year term. Thereafter, in appointing members of the Commission the Board shall continue to include representatives of African descendants in the United States, collectors of African Art, and scholars in the fields of African art and culture.

(c) Terms of officeMembers of the Commission shall be appointed to serve for a three-year term, except that after the appointment of the first term of the Commission as specified in subsection (b), the terms of office of members next appointed shall expire, as designated by the Board at the time of appointment, one-third at the end of one year, one-third at the end of two years, and one-third at the end of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Members may be reappointed.

(d) Quorum; vacanciesA majority of the appointed members of the Commission shall constitute a quorum and any vacancy in the Commission shall not affect its power to function.

(e) Travel, subsistence, and other expensesMembers of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

(f) Selection of officers; bylawsThe Commission shall select officers, from among its members biennially and shall make bylaws to carry out its functions under this subchapter.

(Pub. L. 95–414, § 4, Oct. 5, 1978, 92 Stat. 911.)

§ 80o. Director, officers, and employees; appointment, compensation, and duties
The Board may appoint and fix the compensation and duties of the Director and such other officers and employees of the Museum as may be necessary for the efficient administration, operation, and maintenance of the Museum; the Director and two other employees of the Museum may be appointed and compensated without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and all of the employees of the Museum who are serving on the date of the transfer authorized under section 80k of this title shall be offered employment by the Smithsonian under its usual terms of employment and may be appointed without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5.
(Pub. L. 95–414, § 5, Oct. 5, 1978, 92 Stat. 912.)

§ 80p. Funding(a) Federal funds for MuseumThe faith of the United States is pledged that upon the completion of the acquisition in section 80k of this title, the United States will provide such funds as may be necessary for the upkeep of the Museum and the administrative expenses and costs of operation thereof, including the protection and care of works of art acquired by the Board, so the Museum shall at all times be properly maintained and works of art contained therein shall be exhibited regularly to the general public free of charge.

(b) Authorization of appropriationsThere is authorized to be appropriated for the first fiscal year under this subchapter, the sum of $1,000,000 and such amounts as may be necessary for the succeeding fiscal years in order to carry out the provisions of this subchapter.

(Pub. L. 95–414, § 6, Oct. 5, 1978, 92 Stat. 912.)

Statutory Notes and Related Subsidiaries
Effective DateSection effective, except for the provisions in subsec. (b) of this section, on the date of transfer of a deed or other instrument under the provisions of section 80k of this title, see section 7 of Pub. L. 95–414, set out as a note under section 80k of this title.

SUBCHAPTER XIII—NATIONAL MUSEUM OF THE AMERICAN INDIAN
§ 80q. Findings
The Congress finds that—(1) there is no national museum devoted exclusively to the history and art of cultures indigenous to the Americas;

(2) although the Smithsonian Institution sponsors extensive Native American programs, none of its 19 museums, galleries, and major research facilities is devoted exclusively to Native American history and art;

(3) the Heye Museum in New York, New York, one of the largest Native American collections in the world, has more than 1,000,000 art objects and artifacts and a library of 40,000 volumes relating to the archaeology, ethnology, and history of Native American peoples;

(4) the Heye Museum is housed in facilities with a total area of 90,000 square feet, but requires a minimum of 400,000 square feet for exhibition, storage, and scholarly research;

(5) the bringing together of the Heye Museum collection and the Native American collection of the Smithsonian Institution would—(A) create a national institution with unrivaled capability for exhibition and research;

(B) give all Americans the opportunity to learn of the cultural legacy, historic grandeur, and contemporary culture of Native Americans;

(C) provide facilities for scholarly meetings and the performing arts;

(D) make available curatorial and other learning opportunities for Indians; and

(E) make possible traveling exhibitions to communities throughout the Nation;

(6) by order of the Surgeon General of the Army, approximately 4,000 Indian human remains from battlefields and burial sites were sent to the Army Medical Museum and were later transferred to the Smithsonian Institution;

(7) through archaeological excavations, individual donations, and museum donations, the Smithsonian Institution has acquired approximately 14,000 additional Indian human remains;

(8) the human remains referred to in paragraphs (6) and (7) have long been a matter of concern for many Indian tribes, including Alaska Native Villages, and Native Hawaiian communities which are determined to provide an appropriate resting place for their ancestors;

(9) identification of the origins of such human remains is essential to addressing that concern; and

(10) an extraordinary site on the National Mall in the District of Columbia (U.S. Government Reservation No. 6) is reserved for the use of the Smithsonian Institution and is available for construction of the National Museum of the American Indian.

(Pub. L. 101–185, § 2, Nov. 28, 1989, 103 Stat. 1336.)

Statutory Notes and Related Subsidiaries
Short Title of 2013 AmendmentPub. L. 113–70, § 1, Dec. 26, 2013, 127 Stat. 1208, provided that: “This Act [amending provisions set out as a note under section 80q–5 of this title] may be cited as the ‘Native American Veterans’ Memorial Amendments Act of 2013’.”

Short Title of 1996 AmendmentPub. L. 104–278, § 1(a), Oct. 9, 1996, 110 Stat. 3355, provided that: “This Act [enacting section 80q–9a of this title and amending sections 80q–3, 80q–9, and 80q–10 of this title] may be cited as the ‘National Museum of the American Indian Act Amendments of 1996’.”

Short TitlePub. L. 101–185, § 1, Nov. 28, 1989, 103 Stat. 1336, provided that: “This Act [enacting this subchapter] may be cited as the ‘National Museum of the American Indian Act’.”

§ 80q–1. National Museum of the American Indian(a) EstablishmentThere is established, within the Smithsonian Institution, a living memorial to Native Americans and their traditions which shall be known as the “National Museum of the American Indian”.

(b) PurposesThe purposes of the National Museum are to—(1) advance the study of Native Americans, including the study of language, literature, history, art, anthropology, and life;

(2) collect, preserve, and exhibit Native American objects of artistic, historical, literary, anthropological, and scientific interest;

(3) provide for Native American research and study programs; and

(4) provide for the means of carrying out paragraphs (1), (2), and (3) in the District of Columbia, the State of New York, and other appropriate locations.

(Pub. L. 101–185, § 3, Nov. 28, 1989, 103 Stat. 1337.)

§ 80q–2. Authority of Board of Regents to enter into agreement providing for transfer of Heye Foundation assets to Smithsonian Institution
The Board of Regents is authorized to enter into an agreement with the Heye Foundation, to provide for the transfer to the Smithsonian Institution of title to the Heye Foundation assets. The agreement shall—(1) require that the use of the assets be consistent with section 80q–1(b) of this title; and

(2) be governed by, and construed in accordance with, the law of the State of New York.

The United States District Court for the Southern District of New York shall have original and exclusive jurisdiction over any cause of action arising under the agreement.
(Pub. L. 101–185, § 4, Nov. 28, 1989, 103 Stat. 1337.)

§ 80q–3. Board of Trustees of National Museum of the American Indian(a) In generalThe National Museum shall be under a Board of Trustees with the duties, powers, and authority specified in this section.

(b) General duties and powersThe Board of Trustees shall—(1) recommend annual operating budgets for the National Museum to the Board of Regents;

(2) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the National Museum;

(3) adopt bylaws for the Board of Trustees;

(4) designate a chairman and other officers from among the members of the Board of trustees; 11 So in original. Probably should be capitalized. and

(5) report annually to the Board of Regents on the acquisition, disposition, and display of Native American objects and artifacts and on other appropriate matters.

(c) Sole authoritySubject to the general policies of the Board of Regents, the Board of Trustees shall have the sole authority to—(1) lend, exchange, sell, or otherwise dispose of any part of the collections of the National Museum, with the proceeds of such transactions to be used for additions to the collections of the National Museum or additions to the endowment of the National Museum, as the case may be;

(2) purchase, accept, borrow, or otherwise acquire artifacts and other objects for addition to the collections of the Natural Museum; and

(3) specify criteria for use of the collections of the National Museum for appropriate purposes, including research, evaluation, education, and method of display.

(d) AuthoritySubject to the general policies of the Board of Regents, the Board of Trustees shall have authority to—(1) provide for restoration, preservation, and maintenance of the collections of the National Museum;

(2) solicit funds for the National Museum and determine the purposes to which such funds shall be applied; and

(3) approve expenditures from the endowment of the National Museum for any purpose of the Museum.

(e) Initial appointments to Board of Trustees(1) MembershipThe initial membership of the Board of Trustees shall consist of—(A) the Secretary of the Smithsonian Institution;

(B) an Assistant Secretary of the Smithsonian Institution appointed by the Board of Regents;

(C) 8 individuals appointed by the Board of Regents; and

(D) 15 individuals, each of whom shall be a member of the board of trustees of the Heye Museum, appointed by the Board of Regents from a list of nominees recommended by the board of trustees of the Heye Museum.

(2) Special ruleAt least 7 of the 23 members appointed under subparagraphs (C) and (D) of paragraph (1) shall be Indians.

(3) TermsThe trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. The terms of the trustees appointed under subparagraph (C) or (D) of paragraph (1) shall be 3 years, beginning on the date of the transfer of the Heye Foundation assets to the Smithsonian Institution.

(4) VacanciesAny vacancy shall be filled only for the remainder of the term involved. Any vacancy appointment under paragraph (1)(D) shall not be subject to the source and recommendation requirements of that paragraph, but shall be subject to paragraph (2).

(f) Subsequent appointments to Board of Trustees(1) MembershipUpon the expiration of the terms under subsection (e), the Board of Trustees shall consist of—(A) the Secretary of the Smithsonian Institution;

(B) a senior official of the Smithsonian Institution appointed by the Board of Regents; and

(C) 23 individuals appointed by the Board of Regents from a list of nominees recommended by the Board of Trustees.

(2) Special ruleA 22 So in original. Probably should be “At”. least 12 of the 23 members appointed under paragraph (1)(C) shall be Indians.

(3) TermsThe trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. Except as otherwise provided in the next sentence, the terms of members appointed under paragraph (1)(C) shall be 3 years. Of the members first appointed under paragraph (1)(C)—(A) 7 members, 4 of whom shall be Indians, shall be appointed for a term of one year, as designated at the time of appointment; and

(B) 8 members, 4 of whom shall be Indians, shall be appointed for a term of 2 years, as designated at the time of appointment.

(4) VacanciesAny vacancy shall be filled only for the remainder of the term involved.

(g) QuorumA majority of the members of the Board of Trustees then in office shall constitute a quorum.

(h) ExpensesMembers of the Board shall be entitled (to the same extent as provided in section 5703 of title 5 with respect to employees serving intermittently in the Government service) to per diem, travel, and transportation expenses for each day (including travel time) during which they are engaged in the performance of their duties.

(Pub. L. 101–185, § 5, Nov. 28, 1989, 103 Stat. 1337; Pub. L. 104–278, § 2, Oct. 9, 1996, 110 Stat. 3355.)

Editorial Notes
Amendments1996—Subsec. (f)(1)(B). Pub. L. 104–278 substituted “a senior official” for “an Assistant Secretary”.

§ 80q–4. Director and staff of National Museum(a) In generalThe Secretary of the Smithsonian Institution shall appoint—(1) a Director who, subject to the policies of the Board of Trustees, shall manage the National Museum; and

(2) other employees of the National Museum, to serve under the Director.

(b) Offer of employment to Heye Foundation employeesEach employee of the Heye Museum on the day before the date of the transfer of the Heye Foundation assets to the Smithsonian Institution shall be offered employment with the Smithsonian Institution—(1) under the usual terms of such employment; and

(2) at a rate of pay not less than the rate applicable to the employee on the day before the date of the transfer.

(c) Applicability of certain civil service lawsThe Secretary may—(1) appoint the Director, 2 employees under subsection (a)(2), and the employees under subsection (b) without regard to the provisions of title 5, governing appointments in the competitive service;

(2) fix the pay of the Director and such 2 employees 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; and

(3) fix the pay of the employees under subsection (b) in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, subject to subsection (b)(2).

(Pub. L. 101–185, § 6, Nov. 28, 1989, 103 Stat. 1339.)

§ 80q–5. Museum facilities(a) National Museum mall facilityThe Board of Regents shall plan, design, and construct a facility on the area bounded by Third Street, Maryland Avenue, Independence Avenue, Fourth Street, and Jefferson Drive, Southwest, in the District of Columbia to house the portion of the National Museum to be located in the District of Columbia. The Board of Regents shall pay not more than ⅔ of the total cost of planning, designing, and constructing the facility from funds appropriated to the Board of Regents. The remainder of the costs shall be paid from non-Federal sources.

(b) National Museum Heye Center facility(1) Lease of space from GSA(A) TermsNotwithstanding section 586(a) and (b) of title 40, the Administrator of General Services may lease, at a nominal charge, to the Smithsonian Institution space in the Old United States Custom House at One Bowling Green, New York, New York, to house the portion of the National Museum to be located in the city of New York. The lease shall be subject to such terms as may be mutually agreed upon by the Administrator and the Secretary of the Smithsonian Institution. The term of the lease shall not be less than 99 years.

(B) Reimbursement of Federal buildings fundThe Administrator of General Services may reimburse the fund established by section 592 of title 40 for the difference between the amount charged to the Smithsonian Institution for leasing space under this paragraph and the commercial charge under section 586(a) and (b) of title 40 which, but for this paragraph, would apply to the leasing of such space. There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this subparagraph for fiscal years beginning after September 30, 1990.

(2) Construction(A) Museum facilityThe Board of Regents shall plan, design, and construct a significant facility for the National Museum in the space leased under paragraph (1).

(B) Auditorium and loading dock facilityThe Administrator of General Services shall plan, design, and construct an auditorium and loading dock in the Old United States Custom House at One Bowling Green, New York, New York, for the shared use of all the occupants of the building, including the National Museum.

(C) Square footageThe facilities to be constructed under this paragraph shall have, in the aggregate, a total square footage of approximately 82,500 square feet.

(3) Repairs and alterationsAfter construction of the facility under paragraph (2)(A), repairs and alterations of the facility shall be the responsibility of the Board of Regents.

(4) Reimbursement of GSAThe Board of Regents shall reimburse the Administrator for the Smithsonian Institution’s pro rata share of the cost of utilities, maintenance, cleaning, and other services incurred with respect to the space leased under paragraph (1) and the full cost of any repairs or alterations made by the General Services Administration at the request of the Smithsonian Institution with respect to the space.

(5) Cost sharing(A) General rulesThe Board of Regents shall pay ⅓ of the costs of planning, designing, and constructing the facility under paragraph (2)(A) from funds appropriated to the Board of Regents. The remainder of the costs shall be paid from non-Federal sources.

(B) Responsibilities of New York City and StateOf the costs which are required to be paid from non-Federal sources under this paragraph, the city of New York, New York, and the State of New York have each agreed to pay $8,000,000 or an amount equal to ⅓ of the costs of planning, designing, and constructing the facility under paragraph (2)(A), whichever is less. Such payments shall be made to the Board of Regents in accordance with a payment schedule to be agreed upon by the city and State and the Board of Regents.

(C) Limitation on obligations of Federal fundsFederal funds may not be obligated for actual construction of a facility under paragraph (2)(A) in a fiscal year until non-Federal sources have paid to the Board of Regents the non-Federal share of such costs which the Board of Regents estimates will be incurred in such year.

(6) DesignationThe facility to be constructed under paragraph (2)(A) shall be known and designated as the “George Gustav Heye Center of the National Museum of the American Indian”.

(c) Museum Support Center facilityThe Board of Regents shall plan, design, and construct a facility for the conservation and storage of the collections of the National Museum at the Museum Support Center of the Smithsonian Institution.

(d) Minimum square footageThe facilities to be constructed under this section shall have, in the aggregate, a total square footage of at least 400,000 square feet.

(e) Authority to contract with GSAThe Board of Regents and the Administrator of General Services may enter into such agreements as may be necessary for planning, designing, and constructing facilities under this section (other than subsection (b)(2)(B)). Under such agreements, the Board of Regents shall transfer to the Administrator, from funds available for planning, designing, and constructing such facilities, such amounts as may be necessary for expenses of the General Services Administration with respect to planning, designing, and constructing such facilities.

(f) Limitation on obligation of Federal fundsNotwithstanding any other provision of this subchapter, funds appropriated for carrying out this section may not be obligated for actual construction of any facility under this section until the 60th day after the date on which the Board of Regents transmits to Congress a written analysis of the total estimated cost of the construction and a cost-sharing plan projecting the amount for Federal appropriations and for non-Federal contributions for the construction on a fiscal year basis.

(Pub. L. 101–185, § 7, Nov. 28, 1989, 103 Stat. 1339.)

Editorial Notes
Codification
“Section 586(a) and (b) of title 40” substituted in subsec. (b)(1)(A) for “section 210(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(j))”, “section 592 of title 40” substituted in subsec. (b)(1)(B) for “section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f))”, and “section 586(a) and (b) of title 40” substituted in subsec. (b)(1)(B) for “section 210(j) of such Act” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Statutory Notes and Related Subsidiaries
National Native American Veterans’ MemorialPub. L. 103–384, Oct. 22, 1994, 108 Stat. 4067, as amended by Pub. L. 113–70, § 2, Dec. 26, 2013, 127 Stat. 1208, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Native American Veterans’ Memorial Establishment Act of 1994’.

“SEC. 2. FINDINGS.“The Congress finds the following:“(1) Native Americans across the Nation—Indians, Native Alaskans, and Native Hawaiians—have a long, proud and distinguished tradition of service in the Armed Forces of the United States.

“(2) Native Americans have historically served in the Armed Forces of the United States in numbers which far exceed their representation in the population of the United States.

“(3) Native American veterans count among themselves a number of Medal of Honor recipients. Their numbers are also conspicuous in the ranks of those who have received other decorations for valor and distinguished service.

“(4) Native Americans have lost their lives in the service of their Nation and in the cause of peace.

“(5) The National Museum of the American Indian was established as a living memorial to Native Americans. Its mission is to advance knowledge and understanding of Native American cultures, including art, history, language, and the contributions Native Americans have made to our society.

“(6) The National Museum of the American Indian is an extraordinary site and an ideal location to establish a National Native American Veterans’ Memorial.

“(7) A National Native American Veterans’ Memorial would further the purposes of the National Museum of the American Indian by giving all Americans the opportunity to learn of the proud and courageous tradition of service of Native Americans in the Armed Forces of the United States.

“SEC. 3. AUTHORITY TO ESTABLISH MEMORIAL.“(a) In General.—The National Museum of the American Indian (established by the National Museum of the American Indian Act (20 U.S.C. 80q et seq.)), in close consultation with the National Congress of American Indians and other Native American groups, is authorized to construct and maintain a National Native American Veterans’ Memorial (hereafter in this Act referred to as the ‘memorial’).

“(b) Location.—The memorial shall be located at a site determined to be suitable by the Museum on property under the jurisdiction of the Museum on the site described in section 7(a) of such Act (20 U.S.C. 80q–5(a)) (relating to housing the portion of the Museum to be located in the District of Columbia).

“(c) Design and Plans.—(1) The National Congress of American Indians and the National Museum of the American Indian are authorized to hold a competition to select the design of the Memorial. Any design so selected shall be compatible with both the purpose of the Museum, as set forth in section 3(b) of the National Museum of the American Indian Act (20 U.S.C. 80q–1 [(b)]), and with any existing design plans for the Museum’s structure and its surroundings.

“(2) Any design so selected shall be subject to the approval of the Board of Regents of the Smithsonian Institution.

“SEC. 4. PAYMENT OF EXPENSES AND USE OF NAME.“(a) Responsibility of National Congress of American Indians and National Museum of the American Indian.—The National Congress of American Indians and the National Museum of the American Indian shall be responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the memorial. No Federal funds may be used to pay any expense of the establishment of the memorial.

“(b) Use of Name.—Use of the name of the Smithsonian Institution or the National Museum of the American Indian in any material regarding the memorial produced by the National Congress of American Indians, other than in a manner simply describing the location of the memorial, shall be subject to consultation with, and the approval of, the Board of Regents of the Smithsonian Institution.”

§ 80q–6. Custom House office space and auditorium(a) Repairs and alterationsThe Administrator of General Services shall make such repairs and alterations as may be necessary in the portion of the Old United States Custom House at One Bowling Green, New York, New York, which is not leased to the Board of Regents under section 80q–5(b) of this title and which, as of November 28, 1989, has not been altered.

(b) Authorization of appropriationThere is authorized to be appropriated to the Administrator of General Services $25,000,000 from the fund established pursuant to section 592 of title 40 to carry out this section and section 80q–5(b)(2)(B) of this title.

(Pub. L. 101–185, § 8, Nov. 28, 1989, 103 Stat. 1341.)

Editorial Notes
Codification
“Section 592 of title 40” substituted in subsec. (b) for “section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f))” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

§ 80q–7. Audubon Terrace(a) In generalThe Board of Regents shall—(1) assure that, on the date on which a qualified successor to the Heye Foundation at Audubon Terrace first takes possession of Audubon Terrace, an area of at least 2,000 square feet at that facility is accessible to the public and physically suitable for exhibition of museum objects and for related exhibition activities;

(2) upon written agreement between the Board and any qualified successor, lend objects from the collections of the Smithsonian Institution to the successor for exhibition at Audubon Terrace; and

(3) upon written agreement between the Board and any qualified successor, provide training, scholarship, technical, and other assistance (other than operating funds) with respect to the area referred to in paragraph (1) for the purposes described in that paragraph.

(b) Determination of chargesAny charge by the Board of Regents for activities pursuant to agreements under paragraph (2) or (3) of subsection (a) shall be determined according to the ability of the successor to pay.

(c) DefinitionAs used in this section, the terms “qualified successor to the Heye Foundation at Audubon Terrace”, “qualified successor”, and,11 So in original. The comma probably should not appear. “successor” mean an organization described in section 501(c)(3) of title 26, and exempt from tax under section 501(a) of title 26, that, as determined by the Board of Regents—(1) is a successor occupant to the Heye Foundation at Audubon Terrace, 3753 Broadway, New York, New York;

(2) is qualified to operate the area referred to in paragraph (1) for the purposes described in that paragraph; and

(3) is committed to making a good faith effort to respond to community cultural interests in such operation.

(Pub. L. 101–185, § 9, Nov. 28, 1989, 103 Stat. 1342.)

§ 80q–8. Board of Regents functions with respect to certain agreements and programs(a) Priority to be given to Indian organizations with respect to certain agreementsIn entering into agreements with museums and other educational and cultural organizations to—(1) lend Native American artifacts and objects from any collection of the Smithsonian Institution;

(2) sponsor or coordinate traveling exhibitions of artifacts and objects; or

(3) provide training or technical assistance;

the Board of Regents shall give priority to agreements with Indian organizations, including Indian tribes, museums, cultural centers, educational institutions, libraries, and archives. Such agreements may provide that loans or services to such organizations may be furnished by the Smithsonian Institution at minimal or no cost.

(b) Indian programsThe Board of Regents may establish—(1) programs to serve Indian tribes and communities; and

(2) in cooperation with educational institutions, including tribally controlled colleges or universities (as defined in section 1801(a) of title 25), programs to enhance the opportunities for Indians in the areas of museum studies, management, and research.

(c) Indian Museum Management FellowshipsThe Board of Regents shall establish an Indian Museum Management Fellowship program to provide stipend support to Indians for training in museum development and management.

(d) Authorization of appropriationsThere is authorized to be appropriated $2,000,000 for each fiscal year, beginning with fiscal year 1991, to carry out subsections (b) and (c).

(Pub. L. 101–185, § 10, Nov. 28, 1989, 103 Stat. 1342; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(k)(2)(B), Aug. 14, 2008, 122 Stat. 3465.)

Editorial Notes
Amendments2008—Subsec. (b)(2). Pub. L. 110–315 substituted “tribally controlled colleges or universities (as defined in section 1801(a) of title 25)” for “tribally controlled community colleges (as defined in section 1801 of title 25)”.
1998—Subsec. (b)(2). Pub. L. 105–244 made technical amendment to reference in original act which appears in text as reference to section 1801 of title 25.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 80q–9. Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution(a) Inventory and identification(1) The Secretary of the Smithsonian Institution, in consultation and cooperation with traditional Indian religious leaders and government officials of Indian tribes, shall—(A) inventory the Indian human remains and Indian funerary objects in the possession or control of the Smithsonian Institution; and

(B) using the best available scientific and historical documentation, identify the origins of such remains and objects.

(2) The inventory made by the Secretary of the Smithsonian Institution under paragraph (1) shall be completed not later than June 1, 1998.

(3) For purposes of this subsection, the term “inventory” means a simple, itemized list that, to the extent practicable, identifies, based upon available information held by the Smithsonian Institution, the geographic and cultural affiliation of the remains and objects referred to in paragraph (1).

(b) Notice in case of identification of tribal originIf the tribal origin of any Indian human remains or Indian funerary object is identified by a preponderance of the evidence, the Secretary shall so notify any affected Indian tribe at the earliest opportunity.

(c) Return of Indian human remains and associated Indian funerary objectsIf any Indian human remains are identified by a preponderance of the evidence as those of a particular individual or as those of an individual culturally affiliated with a particular Indian tribe, the Secretary, upon the request of the descendants of such individual or of the Indian tribe shall expeditiously return such remains (together with any associated funerary objects) to the descendants or tribe, as the case may be.

(d) Return of Indian funerary objects not associated with Indian human remainsIf any Indian funerary object not associated with Indian human remains is identified by a preponderance of the evidence as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe, the Secretary, upon the request of the Indian tribe, shall expeditiously return such object to the tribe.

(e) InterpretationNothing in this section shall be interpreted as—(1) limiting the authority of the Smithsonian Institution to return or repatriate Indian human remains or Indian funerary objects to Indian tribes or individuals; or

(2) delaying actions on pending repatriation requests, denying or otherwise affecting access to the courts, or limiting any procedural or substantive rights which may otherwise be secured to Indian tribes or individuals.

(f) Authorization of appropriationsThere is authorized to be appropriated $1,000,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years to carry out this section and section 80q–9a of this title.

(Pub. L. 101–185, § 11, Nov. 28, 1989, 103 Stat. 1343; Pub. L. 104–278, § 3, Oct. 9, 1996, 110 Stat. 3355.)

Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104–278, § 3(a), designated existing provisions as par. (1), added pars. (2) and (3), and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1).
Subsec. (f). Pub. L. 104–278, § 3(b), inserted “and section 80q–9a of this title” after “to carry out this section”.

§ 80q–9a. Summary and repatriation of unassociated funerary objects, sacred objects, and cultural patrimony(a) SummaryNot later than December 31, 1996, the Secretary of the Smithsonian Institution shall provide a written summary that contains a summary of unassociated funerary objects, sacred objects, and objects of cultural patrimony (as those terms are defined in subparagraphs (B), (C), and (D), respectively, of section 3001(3) of title 25, based upon available information held by the Smithsonian Institution. The summary required under this section shall include, at a minimum, the information required under section 3004 of title 25.

(b) RepatriationWhere cultural affiliation of Native American unassociated funerary objects, sacred objects, and objects of cultural patrimony has been established in the summary prepared pursuant to subsection (a), or where a requesting Indian tribe or Native Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion, then the Smithsonian Institution shall expeditiously return such unassociated funerary object, sacred object, or object of cultural patrimony where—(1) the requesting party is the direct lineal descendant of an individual who owned the unassociated funerary object or sacred object;

(2) the requesting Indian tribe or Native Hawaiian organization can show that the object was owned or controlled by the Indian tribe or Native Hawaiian organization; or

(3) the requesting Indian tribe or Native Hawaiian organization can show that the unassociated funerary object or sacred object was owned or controlled by a member thereof, provided that in the case where an unassociated funerary object or sacred object was owned by a member thereof, there are no identifiable lineal descendants of said member or the lineal descendants, upon notice, have failed to make a claim for the object.

(c) Standard of repatriationIf a known lineal descendant or an Indian tribe or Native Hawaiian organization requests the return of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony pursuant to this subchapter and presents evidence which, if standing alone before the introduction of evidence to the contrary, would support a finding that the Smithsonian Institution did not have the right of possession, then the Smithsonian Institution shall return such objects unless it can overcome such inference and prove that it has a right of possession to the objects.

(d) Museum obligationAny museum of the Smithsonian Institution which repatriates any item in good faith pursuant to this subchapter shall not be liable for claims by an aggrieved party or for claims of fiduciary duty, public trust, or violations of applicable law that are inconsistent with the provisions of this subchapter.

(e) Statutory constructionNothing in this section may be construed to prevent the Secretary of the Smithsonian Institution, with respect to any museum of the Smithsonian Institution, from making an inventory or preparing a written summary or carrying out the repatriation of unassociated funerary objects, sacred objects, or objects of cultural patrimony in a manner that exceeds the requirements of this subchapter.

(f) “Native Hawaiian organization” definedFor purposes of this section, the term “Native Hawaiian organization” has the meaning provided that term in section 3001(11) of title 25.

(Pub. L. 101–185, § 11A, as added Pub. L. 104–278, § 4, Oct. 9, 1996, 110 Stat. 3355.)

§ 80q–10. Special committee to review inventory, identification, and return of Indian human remains and Indian funerary objects(a) Establishment; dutiesNot later than 120 days after November 28, 1989, the Secretary of the Smithsonian Institution shall appoint a special committee to monitor and review the inventory, identification, and return of Indian human remains and Indian funerary objects under section 80q–9 of this title and unassociated funerary objects, sacred objects, and objects of cultural patrimony under section 80q–9a of this title. In carrying out its duties, the committee shall—(1) with respect to the inventory and identification, ensure fair and objective consideration and assessment of all relevant evidence;

(2) upon the request of any affected party or otherwise, review any finding relating to the origin or the return of such remains or objects;

(3) facilitate the resolution of any dispute that may arise between Indian tribes with respect to the return of such remains or objects; and

(4) perform such other related functions as the Secretary may assign.

(b) MembershipThe committee shall consist of 7 members, of whom—(1) 4 members shall be appointed from among nominations submitted by Indian tribes and organizations;

(2) at least 2 members shall be traditional Indian religious leaders; and

(3) the Secretary shall designate one member as chairman.

The Secretary may not appoint to the committee any individual who is an officer or employee of the Government (including the Smithsonian Institution) or any individual who is otherwise affiliated with the Smithsonian Institution.

(c) AccessThe Secretary shall ensure that the members of the committee have full and free access to the Indian human remains and Indian funerary objects subject to section 80q–9 of this title and to any related evidence, including scientific and historical documents.

(d) Pay and expenses of membersMembers of the committee shall—(1) be paid the daily equivalent of the annual rate of basic pay payable for grade GS–18 of the General schedule under section 5332 of title 5; and

(2) be entitled (to the same extent as provided in section 5703 of such title, with respect to employees serving intermittently in the Government service) to per diem, travel, and transportation expenses;

for each day (including travel time) during which they are engaged in the performance of their duties.

(e) Rules and administrative supportThe Secretary shall prescribe regulations and provide administrative support for the committee.

(f) Report and terminationAt the conclusion of the work of the committee, the Secretary shall be so 11 So in original. Probably should be “shall so”. certify by report to the Congress. The committee shall cease to exist 120 days after the submission of the report.

(g) Nonapplicability of Federal Advisory Committee ActThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee.

(h) Authorization of appropriationsThere is authorized to be appropriated $250,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years to carry out this section.

(Pub. L. 101–185, § 12, Nov. 28, 1989, 103 Stat. 1344; Pub. L. 104–278, § 5, Oct. 9, 1996, 110 Stat. 3357.)

Editorial Notes

References in TextThe Federal Advisory Committee Act, referred to in subsec. (g), 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.

Amendments1996—Subsec. (a). Pub. L. 104–278, § 5(1), in first sentence, inserted “and unassociated funerary objects, sacred objects, and objects of cultural patrimony under section 80q–9a of this title” before period.
Subsec. (b). Pub. L. 104–278, § 5(2)(A), substituted “7 members” for “five members” in introductory provisions.
Subsec. (b)(1). Pub. L. 104–278, § 5(2)(B), substituted “4 members” for “three members” and struck out “and” at end.
Subsec. (b)(2), (3). Pub. L. 104–278, § 5(2)(C), (D), added par. (2) and redesignated former par. (2) as (3).

Statutory Notes and Related Subsidiaries
References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§ 80q–11. Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution(a) In generalThe Secretary of the Smithsonian Institution shall—(1) in conjunction with the inventory and identification under section 80q–9 of this title, inventory and identify the Native Hawaiian human remains and Native Hawaiian funerary objects in the possession of the Smithsonian Institution;

(2) enter into an agreement with appropriate Native Hawaiian organizations with expertise in Native Hawaiian affairs (which may include the Office of Hawaiian Affairs and the Malama I Na Kupuna O Hawai’i Nei) to provide for the return of such human remains nd 11 So in original. Probably should be “and”. funerary objects; and

(3) to the greatest extent practicable, apply, with respect to such human remains and funerary objects, the principles and procedures set forth in sections 80q–9 and 80q–10 of this title with respect to the Indian human remains and Indian funerary objects in the possession of the Smithsonian Institution.

(b) DefinitionsAs used in this section—(1) the term “Malama I Na Kupuna O Hawai’i Nei” means the nonprofit, Native Hawaiian organization, incorporated under the laws of the State of Hawaii by that name on April 17, 1989, the purpose of which is to provide guidance and expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues; and

(2) the term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

(Pub. L. 101–185, § 13, Nov. 28, 1989, 103 Stat. 1345.)

§ 80q–12. Grants by Secretary of the Interior to assist Indian tribes with respect to agreements for return of Indian human remains and Indian funerary objects(a) In generalThe Secretary of the Interior may make grants to Indian tribes to assist such tribes in reaching and carrying out agreements with—(1) the Board of Regents for the return of Indian human remains and Indian funerary objects under section 80q–9 of this title; and

(2) other Federal and non-Federal entities for additional returns of Indian human remains and Indian funerary objects.

(b) Authorization of appropriationsThere is authorized to be appropriated $1,000,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years for grants under subsection (a).

(Pub. L. 101–185, § 14, Nov. 28, 1989, 103 Stat. 1345.)

§ 80q–13. Grants by Secretary of the Interior to assist Indian organizations with respect to renovation and repair of museum facilities and exhibit facilities(a) GrantsThe Secretary of the Interior may make grants to Indian organizations, including Indian tribes, museums, cultural centers, educational institutions, libraries, and archives, for renovation and repair of museum facilities and exhibit facilities to enable such organizations to exhibit objects and artifacts on loan from the collections of the Smithsonian Institution or from other sources. Such grants may be made only from the Tribal Museum Endowment Fund.

(b) Indian organization contributionIn making grants under subsection (a), the Secretary may require the organization receiving the grant to contribute, in cash or in kind, not more than 50 percent of the cost of the renovation or repair involved. Such contribution may be derived from any source other than the Tribal Museum Endowment Fund.

(c) Tribal Museum Endowment Fund(1) EstablishmentThere is established in the Treasury a fund, to be known as the “Tribal Museum Endowment Fund” (hereinafter in this subsection referred to as the “Fund”) for the purpose of making grants under subsection (a). The Fund shall consist of (A) amounts deposited and credited under paragraph (2), (B) obligations obtained under paragraph (3), and (C) amounts appropriated pursuant to authorization under paragraph (5).

(2) Deposits and creditsThe Secretary of the Interior is authorized to accept contributions to the Fund from non-Federal sources and shall deposit such contributions in the Fund. The Secretary of the Treasury shall credit to the Fund the interest on, and the proceeds from sale and redemption of, obligations held in the Fund.

(3) InvestmentsThe Secretary of the Treasury may invest any portion of the Fund in interest-bearing obligations of the United States. Such obligations may be acquired on original issue or in the open market and may be held to maturity or sold in the open market. In making investments for the Fund, the Secretary of the Treasury shall consult the Secretary of the Interior with respect to maturities, purchases, and sales, taking into consideration the balance necessary to meet current grant requirements.

(4) Expenditures and capital preservationSubject to appropriation, amounts derived from interest shall be available for expenditure from the Fund. The capital of the Fund shall not be available for expenditure.

(5) Authorization of appropriationsThere is authorized to be appropriated to the Fund $2,000,000 for each fiscal year beginning with fiscal year 1992.

(Pub. L. 101–185, § 15, Nov. 28, 1989, 103 Stat. 1345.)

Editorial Notes
Codification
Subsec. (d) of this section, which required the Secretary of the Interior, in consultation with the Secretary of the Treasury, to submit an annual report to Congress on activities under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 108 of House Document No. 103–7.

Statutory Notes and Related Subsidiaries
Native American Cultural Center in Oklahoma City, Oklahoma; Feasibility Study and ReportPub. L. 102–196, Dec. 9, 1991, 105 Stat. 1620, directed Secretary of the Interior to conduct a study and make a report to Congress on the feasibility of establishing a Native American Cultural Center in Oklahoma City, Oklahoma, and made appropriations for that purpose.

§ 80q–14. Definitions
As used in this subchapter—(1) the term “Board of Regents” means the Board of Regents of the Smithsonian Institution;

(2) the term “Board of Trustees” means the Board of Trustees of the National Museum of the American Indian;

(3) the term “burial site” means a natural or prepared physical location, whether below, on, or above the surface of the earth, into which, as a part of a death rite or ceremony of a culture, individual human remains are deposited;

(4) the term “funerary object” means an object that, as part of a death rite or ceremony of a culture, is intentionally placed with individual human remains, either at the time of burial or later;

(5) the term “Heye Foundation assets” means the collections, endowment, and all other property of the Heye Foundation (other than the interest of the Heye Foundation in Audubon Terrace) described in the Memorandum of Understanding between the Smithsonian Institution and the Heye Foundation, dated May 8, 1989, and the schedules attached to such memorandum;

(6) the term “Heye Museum” means the Museum of the American Indian, Heye Foundation;

(7) the term “Indian” means a member of an Indian tribe;

(8) the term “Indian tribe” has the meaning given that term in section 5304 of title 25;

(9) the term “National Museum” means the National Museum of the American Indian established by section 80q–1 of this title;

(10) the term “Native American” means an individual of a tribe, people, or culture that is indigenous to the Americas and such term includes a Native Hawaiian; and

(11) the term “Native Hawaiian” means a member or descendant of the aboriginal people who, before 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii.

(Pub. L. 101–185, § 16, Nov. 28, 1989, 103 Stat. 1346.)

§ 80q–15. Authorization of appropriations(a) FundingThere is authorized to be appropriated to the Board of Regents to carry out this subchapter (other than as provided in sections 80q–5(b)(1)(B), 80q–6, 80q–8, 80q–9, 80q–10, 80q–12, and 80q–13(c)(5) of this title)—(1) $10,000,000 for fiscal year 1990; and

(2) such sums as may be necessary for each succeeding fiscal year.

(b) Period of availabilityFunds appropriated under subsection (a) shall remain available without fiscal year limitation for any period prior to the availability of the facilities to be constructed under section 80q–5 of this title for administrative and planning expenses and for the care and custody of the collections of the National Museum.

(Pub. L. 101–185, § 17, Nov. 28, 1989, 103 Stat. 1347.)

SUBCHAPTER XIV—NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE
§ 80r. Findings
Congress finds that—(1) since its founding, the United States has grown into a symbol of democracy and freedom around the world, and the legacy of African Americans is rooted in the very fabric of the democracy and freedom of the United States;

(2) there exists no national museum within the Smithsonian Institution that—(A) is devoted to the documentation of African American life, art, history, and culture; and

(B) encompasses, on a national level—(i) the period of slavery;

(ii) the era of Reconstruction;

(iii) the Harlem renaissance;

(iv) the civil rights movement; and

(v) other periods associated with African American life, art, history, and culture; and

(3) a National Museum of African American History and Culture would be dedicated to the collection, preservation, research, and exhibition of African American historical and cultural material reflecting the breadth and depth of the experiences of individuals of African descent living in the United States.

(Pub. L. 108–184, § 2, Dec. 16, 2003, 117 Stat. 2676.)

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 108–184, § 1, Dec. 16, 2003, 117 Stat. 2676, provided that: “This Act [enacting this subchapter] may be cited as the ‘National Museum of African American History and Culture Act’.”

§ 80r–1. Definitions
In this subchapter:(1) Board of RegentsThe term “Board of Regents” means the Board of Regents of the Smithsonian Institution.

(2) CouncilThe term “Council” means the National Museum of African American History and Culture Council established by section 80r–3 of this title.

(3) MuseumThe term “Museum” means the National Museum of African American History and Culture established by section 80r–2 of this title.

(4) SecretaryThe term “Secretary” means the Secretary of the Smithsonian Institution.

(Pub. L. 108–184, § 3, Dec. 16, 2003, 117 Stat. 2676.)

§ 80r–2. Establishment of Museum(a) EstablishmentThere is established within the Smithsonian Institution a museum to be known as the “National Museum of African American History and Culture”.

(b) PurposeThe purpose of the Museum shall be to provide for—(1) the collection, study, and establishment of programs relating to African American life, art, history, and culture that encompass—(A) the period of slavery;

(B) the era of Reconstruction;

(C) the Harlem renaissance;

(D) the civil rights movement; and

(E) other periods of the African American diaspora;

(2) the creation and maintenance of permanent and temporary exhibits documenting the history of slavery in America and African American life, art, history, and culture during the periods referred to in paragraph (1);

(3) the collection and study of artifacts and documents relating to African American life, art, history, and culture; and

(4) collaboration between the Museum and other museums, historically black colleges and universities, historical societies, educational institutions, and other organizations that promote the study or appreciation of African American life, art, history, or culture, including collaboration concerning—(A) development of cooperative programs and exhibitions;

(B) identification, management, and care of collections; and

(C) training of museum professionals.

(Pub. L. 108–184, § 4, Dec. 16, 2003, 117 Stat. 2677.)

§ 80r–3. Council(a) EstablishmentThere is established within the Smithsonian Institution a council to be known as the “National Museum of African American History and Culture Council”.

(b) Duties(1) In generalThe Council shall—(A) make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum;

(B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum;

(C) recommend annual operating budgets for the Museum to the Board of Regents;

(D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to African American life, art, history, and culture; and

(E) adopt bylaws for the operation of the Council.

(2) Principal responsibilitiesThe Council, subject to the general policies of the Board of Regents, shall have sole authority to—(A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum;

(B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or

(C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research with respect to—(i) the life, art, history, and culture of African Americans;

(ii) the role of African Americans in the history of the United States from the period of slavery to the present; and

(iii) the contributions of African Americans to society.

(3) Other responsibilitiesThe Council, subject to the general policies of the Board of Regents, shall have authority—(A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and

(B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum.

(c) Composition and appointment(1) In generalThe Council shall be composed of 19 voting members as provided under paragraph (2).

(2) Voting membersThe Council shall include the following voting members:(A) The Secretary of the Smithsonian Institution.

(B) One member of the Board of Regents, appointed by the Board of Regents.

(C) Seventeen individuals appointed by the Board of Regents—(i) taking into consideration individuals recommended by organizations and entities that are committed to the advancement of knowledge of African American life, art, history, and culture; and

(ii) taking into consideration individuals recommended by the members of the Council.

(3) Initial appointmentsThe Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after December 16, 2003.

(d) Terms(1) In generalExcept as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years.

(2) Initial appointeesAs designated by the Board of Regents at the time of appointment, of the voting members first appointed under subparagraph (C) of subsection (c)(2)—(A) six members shall be appointed for a term of 1 year;

(B) six members shall be appointed for a term of 2 years; and

(C) five members shall be appointed for a term of 3 years.

(3) ReappointmentA member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B).

(4) Vacancies(A) In generalA vacancy on the Council—(i) shall not affect the powers of the Council; and

(ii) shall be filled in the same manner as the original appointment was made.

(B) TermAny member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.

(e) Compensation(1) In generalExcept as provided in paragraph (2), a member of the Council shall serve without pay.

(2) Travel expensesA member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the Council.

(f) ChairpersonBy a majority vote of its voting members, the Council shall elect a chairperson from its members.

(g) Meetings(1) In generalThe Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year.

(2) Initial meetingsDuring the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this subchapter.

(h) QuorumA majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council.

(Pub. L. 108–184, § 5, Dec. 16, 2003, 117 Stat. 2677.)

§ 80r–4. Director and staff of the Museum(a) Director(1) In generalThe Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council.

(2) DutiesThe Director shall manage the Museum subject to the policies of the Board of Regents.

(b) StaffThe Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5 governing appointments in the competitive service.

(c) PayThe employees appointed by the Secretary under subsection (b) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates.

(Pub. L. 108–184, § 6, Dec. 16, 2003, 117 Stat. 2679.)

§ 80r–5. Educational and liaison programs(a) In general(1) Programs authorizedThe Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum.

(2) Specific activities describedIn carrying out this section, the Director shall—(A) carry out educational programs relating to African American life, art, history, and culture, including—(i) programs using digital, electronic, and interactive technologies; and

(ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and

(B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b).

(b) Grant and scholarship programs(1) In generalIn consultation with the Council and the Director of the Museum, the Director of the Institute of Museum and Library Services shall establish—(A) a grant program with the purpose of improving operations, care of collections, and development of professional management at African American museums;

(B) a grant program with the purpose of providing internship and fellowship opportunities at African American museums;

(C) a scholarship program with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of African American life, art, history, and culture;

(D) in cooperation with other museums, historical societies, and educational institutions, a grant program with the purpose of promoting the understanding of modern-day practices of slavery throughout the world; and

(E) a grant program under which an African-American museum (including a nonprofit education organization the primary mission of which is to promote the study of African-American diaspora) may use the funds provided under the grant to increase an endowment fund established by the museum (or organization) as of May 1, 2003, for the purposes of—(i) enhancing educational programming; and

(ii) maintaining and operating traveling educational exhibits.

(2) Authorization of appropriationsThere are authorized to be appropriated to the Director of the Institute of Museum and Library Services to carry out this subsection—(A) $15,000,000 for fiscal year 2004; and

(B) such sums as are necessary for each fiscal year thereafter.

(Pub. L. 108–184, § 7, Dec. 16, 2003, 117 Stat. 2679.)

§ 80r–6. Building for the National Museum of African American History and Culture(a) In general(1) Location(A) In generalNot later than 12 months after December 16, 2003, the Board of Regents shall designate a site for the Museum.

(B) Sites for considerationIn designating a site under subparagraph (A), the Board of Regents shall select from among the following sites in the District of Columbia:(i) The Arts and Industries Building of the Smithsonian Institution, located on the National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia.

(ii) The area bounded by Constitution Avenue, Madison Drive, and 14th and 15th Streets, Northwest.

(iii) The site known as the “Liberty Loan site”, located on 14th Street Southwest at the foot of the 14th Street Bridge.

(iv) The site known as the “Banneker Overlook site”, located on 10th Street Southwest at the foot of the L’Enfant Plaza Promenade.

(C) Availability of site(i) In generalA site described in subparagraph (B) shall remain available until the date on which the Board of Regents designates a site for the Museum under subparagraph (A).

(ii) Transfer to Smithsonian InstitutionExcept with respect to a site described in clause (i) of subparagraph (B), if the site designated for the Museum is in an area that is under the administrative jurisdiction of a Federal agency, as soon as practicable after the date on which the designation is made, the head of the Federal agency shall transfer to the Smithsonian Institution administrative jurisdiction over the area.

(D) ConsultationThe Board of Regents shall carry out its duties under this paragraph in consultation with the following:(i) The Chair of the National Capital Planning Commission.

(ii) The Chair of the Commission on Fine Arts.

(iii) The Chair and Vice Chair of the Presidential Commission referred to in section 80r–8 of this title.

(iv) The Chair of the Building and Site Subcommittee of the Presidential Commission referred to in section 80r–8 of this title.

(v) The Chair and ranking minority member of each of the following Committees:(I) The Committee on Rules and Administration of the Senate.

(II) The Committee on House Administration of the House of Representatives.

(III) The Committee on Transportation and Infrastructure of the House of Representatives.

(IV) The Committee on Appropriations of the House of Representatives.

(V) The Committee on Appropriations of the Senate.

(2) Construction of buildingThe Board of Regents, in consultation with the Council, may plan, design, and construct a building for the Museum, which shall be located at the site designated by the Board of Regents under this paragraph.

(3) Nonapplicability of provisions relating to monuments and commemorative worksChapter 89 of title 40 shall not apply with respect to the Museum.

(b) Cost sharingThe Board of Regents shall pay—(1) 50 percent of the costs of carrying out this section from Federal funds; and

(2) 50 percent of the costs of carrying out this section from non-Federal sources.

(c) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.

(Pub. L. 108–184, § 8, Dec. 16, 2003, 117 Stat. 2680.)

Statutory Notes and Related Subsidiaries
Procurement for ConstructionPub. L. 112–74, div. E, title III, Dec. 23, 2011, 125 Stat. 1033, provided in part: “That during fiscal year 2012 and any succeeding fiscal year, a single procurement for construction of the National Museum of African American History and Culture, as authorized under section 8 of the National Museum of African American History and Culture Act (20 U.S.C. 80r–6), may be issued that includes the full scope of the project”.

§ 80r–7. Congressional Budget Act compliance
Authority under this subchapter to enter into contracts or to make payments shall be effective in any fiscal year only to the extent provided in advance in an appropriations Act, except as provided under section 80r–9(b) of this title.
(Pub. L. 108–184, § 9, Dec. 16, 2003, 117 Stat. 2682.)

Editorial Notes

References in TextThe Congressional Budget Act, referred to in section catchline, probably means the Congressional Budget Act of 1974, which is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.

§ 80r–8. Consideration of recommendations of Presidential Commission
In carrying out their duties under this subchapter, the Council and the Board of Regents shall take into consideration the reports and plans submitted by the National Museum of African American History and Culture Plan for Action Presidential Commission under the National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001 (Public Law 107–106).
(Pub. L. 108–184, § 10, Dec. 16, 2003, 117 Stat. 2682.)

Editorial Notes

References in TextThe National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001, referred to in text, is Pub. L. 107–106, Dec. 28, 2001, 115 Stat. 1009, which is not classified to the Code.

§ 80r–9. Authorization of appropriations(a) In generalThere are authorized to be appropriated to the Smithsonian Institution to carry out this subchapter, other than sections 80r–5(b) and 80r–6 of this title—(1) $17,000,000 for fiscal year 2004; and

(2) such sums as are necessary for each fiscal year thereafter.

(b) AvailabilityAmounts made available under subsection (a) shall remain available until expended.

(c) Use of funds for fundraisingAmounts appropriated pursuant to the authorization under this section may be used to conduct fundraising in support of the Museum from private sources.

(Pub. L. 108–184, § 11, Dec. 16, 2003, 117 Stat. 2682.)

SUBCHAPTER XV—CIVIL RIGHTS HISTORY PROJECT
§ 80s. Findings; purpose(a) FindingsCongress finds as follows:(1) A fundamental principle of American democracy is that individuals should stand up for their rights and beliefs and fight for justice.

(2) The actions of those who participated in the Civil Rights movement from the 1950s through the 1960s are a shining example of this principle in action, demonstrated in events as varied as the Montgomery Bus Boycott, the sit-ins, the Freedom Rides, the March on Washington, the drive for voting rights in Mississippi, and the March to Selma.

(3) While the Civil Rights movement had many visible leaders, including Thurgood Marshall, Dr. Martin Luther King, Jr., and Rosa Parks, there were many others whose impact and experience were just as important to the cause but who are not as well known.

(4) The participants in the Civil Rights movement possess an invaluable resource in their first-hand memories of the movement, and the recording of the retelling of their stories and memories will provide a rich, detailed history of our Nation during an important and tumultuous period.

(5) It is in the Nation’s interest to undertake a project to collect oral histories of individuals from the Civil Rights movement so future generations will be able to learn of their struggle and sacrifice through primary-source, eyewitness material. A coordinated Federal project would also focus attention on the efforts undertaken by various public and private entities to collect and interpret articles in all formats relating to the Civil Rights movement, and serve as a model for future projects undertaken in museums, libraries, and universities throughout the Nation.

(6) The Library of Congress and the Smithsonian Institution are appropriate repositories to collect, preserve, and make available to the public a collection of these oral histories. The Library and Smithsonian have expertise in the management of documentation projects, and experience in the development of cultural and educational programs for the public.

(b) PurposeIt is the purpose of this subchapter to create a new federally sponsored, authorized, and funded project that will coordinate at a national level the collection of video and audio recordings of personal histories and testimonials of individuals who participated in the American Civil Rights movement that will build upon and complement previous and ongoing documentary work on this subject, and to assist and encourage local efforts to preserve the memories of such individuals so that Americans of all current and future generations may hear from them directly and better appreciate the sacrifices they made.

(Pub. L. 111–19, § 2, May 12, 2009, 123 Stat. 1612.)

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 111–19, § 1, May 12, 2009, 123 Stat. 1612, provided that: “This Act [enacting this subchapter] may be cited as the ‘Civil Rights History Project Act of 2009’.”

§ 80s–1. Establishment of joint project at Library of Congress and National Museum of African American History and Culture to collect video and audio recordings of histories of participants in American Civil Rights movement(a) Establishment of project(1) In generalWithin the limits of available funds, the Librarian of Congress (hereafter referred to as the “Librarian”) and the Secretary of the Smithsonian Institution (hereafter referred to as the “Secretary)”,11 So in original. The closing quotation marks probably should precede the closing parenthesis. acting jointly, shall establish an oral history project—(A) to survey, during the initial phase of the project, collections of audio and video recordings of the reminiscences of participants in the Civil Rights movement that are housed in archives, libraries, museums, and other educational institutions, as well as ongoing documentary work, in order to augment and complement these endeavors and avoid duplication of effort;

(B) to solicit, reproduce, and collect—(i) video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and

(ii) visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals;

(C) to create a collection of the recordings and other materials obtained, and to catalog and index the collection in a manner the Librarian and the Secretary consider appropriate; and

(D) to make the collection available for public use through the Library of Congress and the National Museum of African American History and Culture, as well as through such other methods as the Librarian and the Secretary consider appropriate.

(2) Role of Director of museumThe Secretary shall carry out the Secretary’s duties under this subchapter through the Director of the National Museum of African American History and Culture.

(b) Use of and consultation with other entitiesThe Librarian and the Secretary may carry out the activities described in subsection (a)(1) through agreements and partnerships entered into with other government and private entities, and may otherwise consult with interested persons (within the limits of available resources) and develop appropriate guidelines and arrangements for soliciting, acquiring, and making available recordings under the project under this subchapter.

(c) Services of experts and consultants; acceptance of volunteer services; advance paymentsIn carrying out activities described in subsection (a)(1), the Librarian and the Secretary may—(1) procure temporary and intermittent services under section 3109 of title 5;

(2) accept and utilize the services of volunteers and other uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized under section 5703 of title 5; and

(3) make advances of money and payments in advance in accordance with section 3324 of title 31.

(d) TimingAs soon as practicable after May 12, 2009, the Librarian and the Secretary shall begin collecting video and audio recordings and other materials under subsection (a)(1), and shall attempt to collect the first such recordings from the oldest individuals involved.

(e) DefinitionIn this subchapter, the term “Civil Rights movement” means the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights legislation for all American citizens.

(Pub. L. 111–19, § 3, May 12, 2009, 123 Stat. 1613.)

§ 80s–2. Private support for civil rights history project(a) Encouraging solicitation and acceptance of donationsThe Librarian of Congress and the Secretary are encouraged to solicit and accept donations of funds and in-kind contributions to support activities under section 80s–1 of this title.

(b) Dedication of funds provided to Library of CongressNotwithstanding any other provision of law—(1) any funds donated to the Librarian of Congress to support the activities of the Librarian under section 80s–1 of this title shall be deposited entirely into an account established for such purpose;

(2) the funds contained in such account shall be used solely to support such activities; and

(3) the Librarian of Congress may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of supporting such activities.

(Pub. L. 111–19, § 4, May 12, 2009, 123 Stat. 1614.)

§ 80s–3. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter—(1) $500,000 for fiscal year 2010; and

(2) such sums as may be necessary for each of the fiscal years 2011 through 2014.

(Pub. L. 111–19, § 5, May 12, 2009, 123 Stat. 1615.)

SUBCHAPTER XVI—WOMEN’S HISTORY MUSEUM
§ 80t. Findings
Congress finds the following:(1) Since its founding, the United States has greatly benefitted from the contributions of women.

(2) Historical accounts, monuments, memorials, and museums disproportionately represent men’s achievements and contributions and often neglect those of women. For example—(A) a study of 18 United States history textbooks concluded that 10 percent of the material documented contributions of women;

(B) 9 statues out of 91 in the United States Capitol’s National Statuary Hall depict women; and

(C) only one of the 44 monuments operated by the National Park Service specifically honors the achievements of women after the 2016 designation of the Belmont-Paul Women’s Equality National Monument.

(3) There exists no national museum in the United States that is devoted to the documentation of women’s contributions throughout the Nation’s history.

(4) On December 19, 2014, Congress created a Congressional Commission to study the potential for an American museum of women’s history. The bipartisan Commission unanimously concluded that the United States needs and deserves a physical national museum dedicated to showcasing the historical experiences and impact of women in the United States.

(5) A comprehensive women’s history museum would document the full spectrum of the experiences of women in the United States, represent a diverse range of viewpoints, experiences, and backgrounds, more accurately depict the history of the United States, and add value to the Smithsonian Institution.

(6) The collections, exhibits, historical narrative materials, and museum programming of the women’s history museum should be inclusive, comprehensive, and innovative. Such collections, exhibits, materials, and programming should present the diverse range of experiences and viewpoints of all women in the United States, reflecting upon the things that set women apart from one another while also highlighting the experiences that many of these women share.

(Pub. L. 116–260, div. T, title I, § 102, Dec. 27, 2020, 134 Stat. 2272.)

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 116–260, div. T, title I, § 101, Dec. 27, 2020, 134 Stat. 2272, provided that: “This title [enacting this subchapter] may be cited as the ‘Smithsonian American Women’s History Museum Act’.”

§ 80t–1. Establishment of Museum(a) EstablishmentThere is established within the Smithsonian Institution a comprehensive women’s history museum, to be named by the Board of Regents in consultation with the council established under section 80t–2 of this title (referred to in this subchapter 11 See References in Text note below. as the “Museum”).

(b) PurposeThe purpose of the Museum established under this section shall be to provide for—(1) the collection and study of, and the establishment of programs relating to, women’s contributions to various fields and throughout different periods of history that have influenced the direction of the United States;

(2) collaboration with other Smithsonian Institution museums and facilities, outside museums, and educational institutions; and

(3) the creation of exhibitions and programs that recognize diverse perspectives on women’s history and contributions.

(Pub. L. 116–260, div. T, title I, § 103, Dec. 27, 2020, 134 Stat. 2273.)

Editorial Notes

References in TextThis subchapter, referred to in subsec. (a), was in the original “this Act”, and was translated as reading “this title”, meaning title I of div. T of Pub. L. 116–260, known as the Smithsonian American Women’s History Museum Act, which is classified to this subchapter, to reflect the probable intent of Congress.

§ 80t–2. Council(a) EstablishmentThere is established within the Smithsonian Institution a council to carry out the duties set forth under subsection (b) and other provisions of this subchapter 11 See References in Text note below. (referred to in this section as the “Council”).

(b) Duties(1) In generalThe Council established under this section shall—(A) make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum;

(B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum;

(C) recommend annual operating budgets for the Museum to the Board of Regents;

(D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to women’s art, history, and culture; and

(E) adopt bylaws for the operation of the Council.

(2) Principal responsibilitiesThe Council, subject to the general policies of the Board of Regents, shall have sole authority to—(A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum;

(B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or

(C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research with respect to—(i) the life, art, history, and culture of women;

(ii) the role of women in the history of the United States; and

(iii) the contributions of women to society.

(3) Other responsibilitiesThe Council, subject to the general policies of the Board of Regents, shall have authority—(A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and

(B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum.

(4) Ensuring diversity of political viewpoints in exhibits and programsIn carrying out its duties, the Council shall ensure that the exhibits and programs of the Museum reflect, to the extent practicable, an equal representation of the diversity of the political viewpoints held by women of the United States on the events and issues relating to the history of women in the United States.

(c) Composition and appointment(1) In generalThe Council shall be composed of 25 voting members as provided under paragraph (2).

(2) Voting membersThe Council shall include the following voting members:(A) One member appointed by the majority leader of the Senate.

(B) One member appointed by the minority leader of the Senate.

(C) One member appointed by the Speaker of the House of Representatives.

(D) One member appointed by the minority leader of the House of Representatives.

(E) The Secretary of the Smithsonian Institution.

(F) One member of the Board of Regents, appointed by the Board of Regents.

(G) Nineteen individuals appointed by the Board of Regents. In appointing members under this subparagraph, the Board of Regents should give special consideration to appointing—(i) members of the Congressional Commission;

(ii) board members of the National Women’s History Museum, a nonprofit, educational organization described in section 501(c)(3) of title 26 that was incorporated in 1996 in the District of Columbia and that is dedicated for the purpose of establishing a women’s history museum; and

(iii) scholars and representatives of organizations that are committed to the study of women’s history.

(3) Initial appointmentsThe Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after December 27, 2020.

(d) Terms(1) In generalExcept as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years.

(2) Initial appointeesAs designated by the Board of Regents at the time of appointment, of the voting members first appointed under subparagraph (G) of subsection (c)(2)—(A) 7 members shall be appointed for a term of 1 year;

(B) 6 members shall be appointed for a term of 2 years; and

(C) 6 members shall be appointed for a term of 3 years.

(3) ReappointmentA member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B).

(4) Vacancies(A) In generalA vacancy on the Council—(i) shall not affect the powers of the Council; and

(ii) shall be filled in the same manner as the original appointment was made.

(B) TermAny member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.

(e) Compensation(1) In generalExcept as provided in paragraph (2), a member of the Council shall serve without pay.

(2) Travel expensesA member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Council.

(f) ChairpersonBy a majority vote of its voting members, the Council shall elect a chairperson from its members.

(g) Meetings(1) In generalThe Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year.

(2) Initial meetingsDuring the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this subchapter.1

(h) QuorumA majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council.

(Pub. L. 116–260, div. T, title I, § 104, Dec. 27, 2020, 134 Stat. 2273.)

Editorial Notes

References in TextThis subchapter, referred to in subsecs. (a) and (g)(2), was in the original “this Act”, and was translated as reading “this title”, meaning title I of div. T of Pub. L. 116–260, known as the Smithsonian American Women’s History Museum Act, which is classified to this subchapter, to reflect the probable intent of Congress.

§ 80t–3. Director and staff of the Museum(a) Director(1) In generalThe Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the council established under section 80t–2 of this title.

(2) DutiesThe Director shall manage the Museum subject to the policies of the Board of Regents.

(b) StaffThe Secretary may appoint 2 additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5 governing appointments in the competitive service.

(c) PayThe employees appointed by the Secretary under subsection (b) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates.

(Pub. L. 116–260, div. T, title I, § 105, Dec. 27, 2020, 134 Stat. 2275.)

§ 80t–4. Educational and liaison programs(a) Programs authorizedThe Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum.

(b) Collaboration with schoolsIn carrying out this section, the Director shall carry out educational programs in collaboration with elementary schools, secondary schools, and postsecondary schools.

(Pub. L. 116–260, div. T, title I, § 106, Dec. 27, 2020, 134 Stat. 2276.)

§ 80t–5. Building(a) Location(1) In generalNot later than 2 years after December 27, 2020, the Board of Regents shall designate a site for the Museum.

(2) Sites for considerationIn designating a site under paragraph (1), the Board of Regents shall—(A) select a site in the District of Columbia; and

(B) include the consideration of the following sites:(i) The site known as the “South Monument site”, located on the National Mall and bordered by 14th Street Northwest, Jefferson Drive Southwest, Raoul Wallenberg Place Southwest, and Independence Ave Southwest.

(ii) The Northwest United States Capitol site, bordered by 3rd Street Northwest, Constitution Avenue Northwest, 1st Street Northwest, and Pennsylvania Ave Northwest.

(3) Factors consideredIn designating a site under paragraph (1), the Board of Regents shall take into consideration each of the following factors:(A) An estimate of the costs associated with each potential site.

(B) An assessment of the suitability of the space of each potential site, including size, proximity to other buildings and transportation, and other external environmental conditions, as appropriate.

(C) The recommendations of the Congressional Commission.

(4) ConsultationThe Board of Regents shall carry out its duties under this subsection in consultation with each of the following:(A) The Chair of the National Capital Planning Commission.

(B) The Director of the National Park Service.

(C) The Chair of the National Capital Memorial Advisory Commission.

(D) The Chair of the Commission on Fine Arts.

(E) The Chair of the Congressional Commission.

(F) The Architect of the Capitol.

(G) The chair and ranking member of each of the following committees:(i) The Committee on Rules and Administration of the Senate.

(ii) The Committee on House Administration of the House of Representatives.

(iii) The Committee on Energy and Natural Resources of the Senate.

(iv) The Committee on Natural Resources of the House of Representatives.

(v) The Committee on Transportation and Infrastructure of the House of Representatives.

(vi) The Committee on Appropriations of the House of Representatives.

(vii) The Committee on Appropriations of the Senate.

(5) Intent of CongressIt is the intent of Congress that the Museum be located on or near the National Mall, to the maximum extent practicable, in accordance with this section.

(b) Site under the jurisdiction of another Federal agency(1) Written notification of agreementThe Board of Regents shall not designate a site for the Museum that is under the administrative jurisdiction of another Federal agency or entity unless the head of the Federal agency or entity submits to each of the committees described in subsection (a)(4)(G) written notification stating that the head of the Federal agency or entity concurs with locating the Museum on the land or in the structure that is under the administrative jurisdiction of the Federal agency or entity.

(2) TransferAs soon as practicable after the date on which Congress receives the written notification described in paragraph (1), the head of the Federal agency or entity shall transfer to the Smithsonian Institution its administrative jurisdiction over the land or structure that has been designated as the site for the Museum.

(c) Construction of buildingThe Board of Regents, in consultation with the council established under section 80t–2 of this title, may plan, design, and construct a building for the Museum, which shall be located at the site designated by the Board of Regents under subsection (a), in accordance with this section.

(d) Commemorative Works ActChapter 89 of title 40 shall not apply with respect to the Museum, except that the Museum shall not be located in the Reserve (as defined in section 8902(a) of that title).

(e) Cost sharingThe Board of Regents shall pay—(1) 50 percent of the costs of carrying out this section from Federal funds; and

(2) 50 percent of the costs of carrying out this section from non-Federal sources.

(Pub. L. 116–260, div. T, title I, § 107, Dec. 27, 2020, 134 Stat. 2276.)

§ 80t–6. Definitions
In this subchapter,11 See References in Text note below. the following definitions apply:(1) The term “Board of Regents” means the Board of Regents of the Smithsonian Institution.

(2) The term “Congressional Commission” means the Commission to Study the Potential Creation of a National Women’s History Museum, established under section 3056 of the Military Construction Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3810).

(3) The term “Secretary” means the Secretary of the Smithsonian Institution.

(Pub. L. 116–260, div. T, title I, § 108, Dec. 27, 2020, 134 Stat. 2277.)

Editorial Notes

References in TextThis subchapter, referred to in text, was in the original “this Act”, and was translated as reading “this title”, meaning title I of div. T of Pub. L. 116–260, known as the Smithsonian American Women’s History Museum Act, which is classified to this subchapter, to reflect the probable intent of Congress.
Section 3056 of the Military Construction Authorization Act for Fiscal Year 2015, referred to in par. (2), is section 3056 of div. B of Pub. L. 113–291, Dec. 19, 2014, 128 Stat. 3810, which is not classified to the Code.

§ 80t–7. Authorization of appropriations(a) In generalThere are authorized to be appropriated to the Smithsonian Institution to carry out this subchapter,11 See References in Text note below. including the planning, design, construction, and operation of the Museum established under section 80t–1 of this title, such sums as may be necessary for fiscal year 2020 and each succeeding fiscal year.

(b) AvailabilityAmounts appropriated pursuant to the authorization under this section shall remain available until expended.

(c) Use of funds for fundraisingAmounts appropriated pursuant to the authorization under this section may be used to conduct fundraising in support of the Museum from private sources.

(Pub. L. 116–260, div. T, title I, § 109, Dec. 27, 2020, 134 Stat. 2278.)

Editorial Notes

References in TextThis subchapter, referred to in subsec. (a), was in the original “this Act”, and was translated as reading “this title”, meaning title I of div. T of Pub. L. 116–260, known as the Smithsonian American Women’s History Museum Act, which is classified to this subchapter, to reflect the probable intent of Congress.

SUBCHAPTER XVII—NATIONAL MUSEUM OF THE AMERICAN LATINO
§ 80u. National Museum of the American Latino(a) FindingsCongress finds the following:(1) The United States is a symbol of democracy, freedom, and economic opportunity around the world, and the legacy of Latinos is deeply rooted in the very fabric of the history, democracy, freedom, and economic opportunity of the United States.

(2) There exists no national museum within the Smithsonian Institution that is devoted to the documentation and explication of Latino life, art, history, and culture.

(3) The establishment of the National Museum of the American Latino will be consistent with the purposes of the Smithsonian Institution, created by Congress in 1846, “for the increase and diffusion of knowledge”.

(4) The National Museum of the American Latino—(A) will be the keystone for people in the United States and other Smithsonian Institution visitors to learn about Latino contributions to life, art, history, and culture in the United States at its signature location on the National Mall; and

(B) will serve as a gateway for visitors to view other Latino exhibitions, collections, and programming at other Smithsonian Institution facilities and museums throughout the United States and the territories of the United States.

(b) DefinitionsIn this section:(1) Board of RegentsThe term “Board of Regents” means the Board of Regents of the Smithsonian Institution.

(2) Board of trusteesThe term “Board of Trustees” means the Board of Trustees of the National Museum of the American Latino as established by subsection (d).

(3) DirectorThe term “Director” means the Director of the National Museum of the American Latino.

(4) MuseumThe term “Museum” means the National Museum of the American Latino established by subsection (c).

(5) SecretaryThe term “Secretary” means the Secretary of the Smithsonian Institution.

(c) Establishment of Museum(1) EstablishmentThere is established within the Smithsonian Institution a museum to be known as the “National Museum of the American Latino”.

(2) PurposesThe purposes of the Museum are—(A) to illuminate the story of the United States for the benefit of all by featuring Latino contributions; and

(B) to provide for—(i) the collection, study, research, publication, and establishment of exhibitions and programs relating to Latino life, art, history, and culture that encompass—(I) Latino contributions to the early history of what now encompasses the United States of America and its territories;

(II) Latino contributions in the armed services from the earliest days of the American Revolution to current military activities in defense of our freedoms;

(III) Latino contributions to the freedom, well-being, and economic prosperity of all people in the United States through historical movements;

(IV) entrepreneurial and charitable activities of Latinos;

(V) contributions by Latinos to—(aa) the social, natural, and physical sciences; and

(bb) art, history, and culture, including food, music, dance, film, theater, sports, and other forms of popular culture in the United States; and

(ii) collaboration between the Museum, other museums and research centers of the Smithsonian Institution, and other museums and educational institutions throughout the United States and abroad, to promote the study and appreciation of Latino life, art, history, culture, and its impact on society in the United States, including collaboration concerning joint research projects, programs, exhibitions, collection management, and training of museum staff.

(d) Board of Trustees(1) EstablishmentThere is established within the Smithsonian Institution a Board of Trustees of the Museum with the duties, powers, and authority specified in this subsection.

(2) Duties(A) In generalThe Board of Trustees—(i) shall—(I) make recommendations to the Board of Regents concerning the location, planning, design, and construction of the Museum;

(II) recommend annual operating budgets for the Museum to the Board of Regents;

(III) adopt bylaws for the Board of Trustees;

(IV) report annually to the Board of Regents on the acquisition, disposition, and display of Latino collections, objects and artifacts, and on other appropriate matters; and

(V) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum, including long-term maintenance; and

(ii) may delegate the duties described in subclauses (I) through (IV) of clause (i) to the Director.

(B) Principal responsibilitiesSubject to the general policies of the Board of Regents, the Board of Trustees shall have the sole authority to—(i) purchase, accept, borrow, or otherwise acquire artifacts and other objects for addition to the collections of the Museum;

(ii) loan, exchange, sell, or otherwise dispose of any part of the collections of the Museum, with the proceeds of such transactions to be used for additions to the collections of the Museum; and

(iii) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research with respect to—(I) the life, art, history, culture, and other aspects of Latinos in the United States and the territories of the United States;

(II) the role of Latinos in the history of the United States from the arrival of the first explorers to the Americas to the present;

(III) the contributions of Latinos to society and culture in the United States, and exploring what it means to be an American; and

(IV) sharing how values in the United States such as resiliency, optimism, and spirituality are reflected in Latino history and culture.

(C) Other responsibilitiesSubject to the general policies of the Board of Regents, the Board of Trustees shall have authority to—(i) provide for preservation, restoration, and maintenance of the collections of the Museum; and

(ii) solicit, accept, use, and dispose of gifts, bequests, and devises of personal and real property for the purpose of aiding and facilitating the work of the Museum.

(D) Ensuring diversity of political viewpoints in exhibits and programsIn carrying out its duties, the Board of Trustees shall ensure that the exhibits and programs of the Museum reflect the diversity of the political viewpoints held by Latinos of the United States on the events and issues relating to the history of Latinos in the United States.

(3) Composition and appointment(A) In generalThe Board of Trustees shall be composed of not more than 19 voting members as provided under subparagraph (B).

(B) Voting membersThe Board of Trustees shall include the following voting members:(i) The Secretary of the Smithsonian Institution.

(ii) The Under Secretary of Museums and Research of the Smithsonian Institution.

(iii) The chair of the Smithsonian National Latino Board.

(iv) One member of the Board of Regents, appointed by the Board of Regents.

(v) Two Members of Congress, one from each political party, designated by the Congressional Hispanic Caucus and the Congressional Hispanic Conference.

(vi) Thirteen individuals who shall be appointed by the Board of Regents after taking into consideration—(I) efforts to have a politically and geographically diverse representation on the Board of Trustees reflecting States and territories with significant Latino populations;

(II) individuals recommended by members of the Board of Trustees; and

(III) individuals recommended by organizations and entities that are committed to the advancement of knowledge of Latino life, art, history, and culture.

(C) Initial appointmentsThe Board of Regents shall make initial appointments to the Board of Trustees under subparagraph (B) not later than 180 days after December 27, 2020.

(4) Terms of service(A) In generalExcept as provided in this paragraph, each appointed member of the Board of Trustees shall be appointed for a term of 3 years.

(B) Initial appointeesAs designated by the Board of Regents at the time of appointment, of the voting members first appointed under clause (vi) of paragraph (3)(B)—(i) Five members shall be appointed for a term of 1 year;

(ii) Four members shall be appointed for a term of 2 years; and

(iii) Four members shall be appointed for a term of 3 years.

(C) ReappointmentA member of the Board of Trustees may be reappointed, except that no individual may serve on the Board of Trustees for a total of more than 2 full terms. For purposes of this subparagraph, the number of terms an individual serves on the Board of Trustees shall not include any portion of a term for which an individual is appointed to fill a vacancy under subparagraph (D)(ii).

(D) Vacancies(i) In generalA vacancy on the Board of Trustees—(I) shall not affect the powers of the Board of Trustees; and

(II) shall be filled in the same manner as the original appointment was made.

(ii) TermAny member of the Board of Trustees appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.

(5) Compensation(A) In generalExcept as provided in subparagraph (B), a member of the Board of Trustees shall serve without pay.

(B) Travel expensesA member of the Board of Trustees shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board of Trustees.

(6) ChairpersonBy a majority vote of its voting members, the Board of Trustees shall elect a chairperson from its members.

(7) Meetings(A) In generalThe Board of Trustees shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Board of Trustees, but not fewer than twice each year.

(B) Meeting formatRegularly scheduled meetings and special meetings may be conducted in-person, telephonically, electronically, or by any means appropriate as determined by the chairperson.

(8) QuorumA majority of the voting members of the Board of Trustees holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Board of Trustees.

(e) Director and staff of Museum(1) Director(A) In generalThe Museum shall have a Director who shall be appointed by the Secretary in consultation with Board of Trustees. The Secretary may appoint an interim Director to oversee the initial activity of establishing the Museum until a permanent Director is selected.

(B) DutiesThe Director shall manage the Museum subject to the policies of the Board of Regents and the Board of Trustees.

(2) StaffThe Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5 governing appointments in the competitive service.

(3) PayThe employees appointed by the Secretary under paragraph (2) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates.

(f) Educational and liaison programs(1) In general(A) Programs authorizedThe Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum.

(B) Specific activitiesIn carrying out this subsection, the Director shall—(i) carry out educational programs relating to Latino life, art, history, and culture, including—(I) programs using digital, electronic, and interactive technologies; and

(II) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and

(ii) consult with the Director of the Institute of Museum and Library Services concerning the grant programs carried out under paragraph (2).

(2) Grant programs(A) In generalThe Director of the Institute of Museum and Library Services, in consultation with the Board of Trustees and the Director of the Museum, shall establish and carry out—(i) a grant program with the purpose of improving operations, care of collections, culturally appropriate public outreach, and development of professional management at American Latino museums;

(ii) a grant program with the purpose of providing internship and fellowship opportunities at American Latino museums;

(iii) a scholarship program, in partnership with Hispanic-serving institutions, minority-serving institutions, historically black colleges and universities, and other institutions of higher education, with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of American Latino life, art, history, and culture;

(iv) in cooperation with other museums, historical societies, and educational institutions, a grant program with the purpose of promoting the understanding of the Latin American diaspora in the United States; and

(v) a grant program under which an American Latino museum (including a nonprofit education organization the primary mission of which is to promote the study of the Latin American diaspora in the United States) may use funds provided under the grant to increase an endowment fund established by the museum (or organization) as of October 1, 2020, for the purposes of enhancing educational programming, and maintaining and operating traveling educational exhibits.

(B) Clarification of treatment of museumIn this paragraph, the term “American Latino museum” does not include the Museum.

(C) Authorization of appropriationsThere are authorized to be appropriated to the Institute of Museum and Library Services to carry out this paragraph—(i) $15,000,000 for fiscal year 2021; and

(ii) such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year.

(g) National Museum of the American Latino building and support facilities(1) In general(A) Location(i) In generalNot later than 2 years after December 27, 2020, the Board of Regents shall designate a site for the Museum.

(ii) Sites for considerationIn designating a site under clause (i), the Board of Regents shall—(I) select a site in the District of Columbia; and

(II) include the consideration of the following sites:(aa) The Arts and Industries Building of the Smithsonian Institution, located on the National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia.

(bb) A vacant area bounded by Independence Avenue, Jefferson Drive, Raoul Wallenberg Place, and 14th Street Southwest, currently under the jurisdiction of the National Park Service.

(cc) The area bounded by 3rd Street and 1st Street, Northwest and Constitution Avenue and Pennsylvania Avenue, Northwest, as measured from curb to curb, currently under the jurisdiction of the Architect of the Capitol.

(dd) The facility and grounds on the National Mall between 12th and 14th Streets, Southwest, and Jefferson Drive and Independence Avenue, Southwest, currently under the jurisdiction of the Department of Agriculture.

(iii) Factors consideredIn designating a site under clause (i), the Board of Regents shall take into consideration each of the following factors:(I) An estimate of the costs associated with each potential site.

(II) An assessment of the suitability of the space of each potential site, including size, proximity to other buildings and transportation, and other external environmental conditions, as appropriate.

(III) The recommendations of the Commission referred to in subsection (h).

(iv) ConsultationThe Board of Regents shall carry out its duties under this subparagraph in consultation with the following:(I) The Chair of the National Capital Planning Commission.

(II) The Director of the National Park Service.

(III) The Chair of the National Capital Memorial Advisory Commission.

(IV) The Chair of the Commission of Fine Arts.

(V) The Chair and Vice Chair of the Commission referred to in subsection (h).

(VI) The Chair of the Building and Site Subcommittee of the Commission referred to in subsection (h).

(VII) The Architect of the Capitol.

(VIII) The Chair and ranking minority member of each of the following committees:(aa) The Committee on Rules and Administration of the Senate.

(bb) The Committee on House Administration of the House of Representatives.

(cc) The Committee on Energy and Natural Resources of the Senate.

(dd) The Committee on Natural Resources of the House of Representatives.

(ee) The Committee on Transportation and Infrastructure of the House of Representatives.

(ff) The Committee on Appropriations of the House of Representatives.

(gg) The Committee on Appropriations of the Senate.

(v) Intent of CongressIt is the intent of Congress that the Museum be located on or near the National Mall, to the maximum extent practicable, in accordance with this subsection.

(B) Size of buildingThe building constructed or modified to serve as the Museum shall occupy no less than the recommended square footage set forth in the report submitted by the Commission to Study the Potential Creation of a National Museum of the American Latino established under section 333 of the Consolidated Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 784).

(C) Construction of buildingThe Board of Regents, in consultation with the Board of Trustees and other appropriate Federal and local agencies is authorized to prepare plans, design, and construct a building or modify an existing building for the Museum, which shall be located at the site selected by the Board of Regents, in accordance with this subsection.

(2) Site under the jurisdiction of another Federal agency(A) In generalThe Board of Regents shall not designate a site for the Museum that is under the administrative jurisdiction of another Federal agency or entity unless the head of the Federal agency or entity submits to each of the committees described in paragraph (1)(A)(iv)(VIII) written notification stating that the head of the Federal agency or entity concurs with locating the Museum on the land or in the structure that is under the administrative jurisdiction of the Federal agency or entity.

(B) TransferAs soon as practicable after the date on which the committees receive the written notification described in subparagraph (A), the head of the Federal agency or entity shall transfer to the Smithsonian Institution administrative jurisdiction over the land or structure that has been designated as the site for the Museum.

(3) Cost sharingThe Board of Regents shall pay—(A) 50 percent of the costs of carrying out this subsection from Federal funds; and

(B) 50 percent of the costs of carrying out this subsection from non-Federal sources.

(4) Commemorative Works ActChapter 89 of title 40 shall not apply with respect to the Museum, except that the Museum shall not be located in the Reserve (as defined in section 8902(a) of that title).

(5) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this subsection.

(h) Consideration of recommendations of CommissionIn carrying out their duties under this section, the Board of Trustees and the Board of Regents shall take into consideration the reports and plans submitted by the Commission to Study the Potential Creation of a National Museum of the American Latino established under section 333 of the Consolidated Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 784).

(i) Congressional Budget Act complianceAuthority under this section to enter into contracts or to make payments shall be effective in any fiscal year only to the extent provided in advance in an appropriations Act.

(j) Authorization of appropriations(1) In generalThere are authorized to be appropriated to the Smithsonian Institution to carry out this section, other than subsections (f)(2) and (g)—(A) $20,000,000 for fiscal year 2021; and

(B) such sums as are necessary for each fiscal year thereafter.

(2) AvailabilityAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended.

(3) Use of funds for fundraisingAmounts appropriated pursuant to the authorization under this subsection may be used to conduct fundraising in support of the Museum from private sources.

(Pub. L. 116–260, div. T, title II, § 201, Dec. 27, 2020, 134 Stat. 2278.)

Editorial Notes

References in TextSection 333 of the Consolidated Natural Resources Act of 2008, referred to in subsecs. (g)(1)(B) and (h), is section 333 of Pub. L. 110–229, title III, May 8, 2008, 122 Stat. 784, which is not classified to the Code.

CHAPTER 4—NATIONAL ZOOLOGICAL PARK

Sec.

81.Administration by Regents of Smithsonian Institution.

82.Aid in acquisition of collections.

83.Omitted.

84.Plans for buildings and bridges.

85.Concessions.

§ 81. Administration by Regents of Smithsonian Institution
The National Zoological Park is placed under the direction of the Regents of the Smithsonian Institution, who are authorized to transfer to it any living specimens, whether of animals or plants, in their charge, to accept gifts for the park at their discretion, in the name of the United States, to make exchanges of specimens, and to administer and improve the said Zoological Park for the advancement of science and the instruction and recreation of the people.
(Apr. 30, 1890, ch. 173, § 2, 26 Stat. 78; Pub. L. 87–360, Oct. 4, 1961, 75 Stat. 779.)

Editorial Notes
Amendments1961—Pub. L. 87–360 inserted “and improve” after “administer”.

Statutory Notes and Related Subsidiaries
Central Parking FacilityPub. L. 115–178, June 1, 2018, 132 Stat. 1379, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Smithsonian National Zoological Park Central Parking Facility Authorization Act’.

“SEC. 2. FACILITY FOR IMPROVED VISITOR EXPERIENCE AND ACCESS AT THE NATIONAL ZOOLOGICAL PARK.“(a) In General.—In order to improve visitor experience and multi-modal access to the Smithsonian National Zoological Park, the Board of Regents of the Smithsonian Institution is authorized to plan, design, and construct a central parking facility on National Zoological Park property in the District of Columbia.

“(b) Central Parking Facility.—The facility authorized under this section may include parking, transportation improvements, visitor amenities including restrooms, a pedestrian bridge to a midpoint entry of the National Zoological Park, and ancillary works to accommodate alternative uses of the facility.

“(c) Funding.—Construction of the facility described in this section shall be conducted with funds from nonappropriated sources.”

Establishment of ParksThe National Zoological Park was established under provisions of the District of Columbia Appropriation Act for the Fiscal Year 1890, act Mar. 2, 1889, ch. 370, § 4, 25 Stat. 808, which constituted a commission to select from a certain district along Rock Creek a tract of land, including a section of the creek, suitable for a zoological park, and to purchase the land so selected, or take proceedings for the condemnation thereof, the United States to have title to the land on payment therefor to the owners.
The Rock Creek Park was established by act Sept. 27, 1890, ch. 1001, 26 Stat. 492.
The Potomac Park was established by act Mar. 3, 1897, ch. 375, 29 Stat. 624.

Addition of LandsCertain parcels of land were added to the National Zoological Park by acts June 5, 1920, ch. 235, § 1, 41 Stat. 892; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1384.

Connecting ParkwayProvisions for a parkway connecting Potomac Park with Zoological Park and Rock Creek Park were made by act Mar. 4, 1913, ch. 147, § 27, 37 Stat. 885.

§ 82. Aid in acquisition of collections
The heads of executive departments of the Government are authorized and directed to cause to be rendered all necessary and practicable aid to the said Regents in the acquisition of collections for the Zoological Park.
(Apr. 30, 1890, ch. 173, § 3, 26 Stat. 78.)

§ 83. Omitted
Editorial Notes
Codification
Section, act Aug. 18, 1894, ch. 301, § 1, 28 Stat. 384, which required that a detailed report of expenses on account of the National Zoological Park be made to Congress at the beginning of each regular session, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 192 of House Document No. 103–7.

§ 84. Plans for buildings and bridges
All plans and specifications for the construction of buildings and bridges in the National Zoological Park shall be prepared under the supervision of the Smithsonian Institution.
(Aug. 24, 1912, ch. 355, § 1, 37 Stat. 437; 1966 Reorg. Plan No. 4, eff. Aug. 23, 1966, 31 FR 11137, 80 Stat. 1611.)

Executive Documents
REORGANIZATION PLAN NO. 4 OF 1966Eff. Aug. 23, 1966, 31 F.R. 11137, 80 Stat. 1611Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 13, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

NATIONAL ZOOLOGICAL PARK BUILDINGS AND BRIDGESAll those functions of the Board of Commissioners of the District of Columbia which were vested in the municipal architect of the District of Columbia by the provisions of the Act of August 24, 1912, c. 355, 37 Stat. 437 (20 U.S.C. 84; D.C. Code [former] § 8–134), in respect of buildings of the National Zoological Park, and all functions of that Board which were vested in the engineer of bridges of the District of Columbia by those provisions in respect of bridges of the National Zoological Park, are hereby transferred to the Smithsonian Institution.

Message of the PresidentTo the Congress of the United States:
I transmit herewith Reorganization Plan No. 4 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for a reorganization relating to the National Zoological Park located in the District of Columbia.
Today, all responsibilities for the administration of the park are vested in the Smithsonian Institution with one exception—the function of preparing plans and specifications for the construction of buildings and bridges at the zoo. That statutory responsibility is now conducted by the Board of Commissioners of the District of Columbia [now the Mayor].
Under the accompanying reorganization plan, the responsibility for the preparation of these plans and specifications would be transferred from the District of Columbia Board of Commissioners to the Smithsonian. The complete administration of the park would then be vested in one agency—the Smithsonian Institution. This will allow the more efficient and effective development and management of the park.
In 1912, the functions to be transferred were vested in the Municipal Architect of the District of Columbia and in the Engineers of the Bridges of the District of Columbia. In 1952, they were transferred to the Board of Commissioners.
When the 1912 act was passed, the District of Columbia shared the costs of capital improvements in the National Zoological Park. In 1961, it ceased sharing these costs, and the Federal Government assumed complete responsibility for financing the improvements. Accordingly, the District government retains no capital improvement responsibilities for the National Zoological Park except those functions relating to construction plans and specifications for buildings and bridges, as specified in the 1912 statute. Upon the transfer of these remaining functions to the Smithsonian Institution, the administration of the National Zoological Park will, at last, be fully centered in one agency. It is not practicable at this time, however, to itemize the resulting reduction in expenditures.
I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended.
I recommend that the Congress allow the reorganization plan to become effective.

Lyndon B. Johnson.

The White House, June 13, 1966.

§ 85. Concessions(a) Authorization; use of proceeds for research and educational workThe Board of Regents of the Smithsonian Institution, in furtherance of the mission of the National Zoological Park to provide for the advancement of science and instruction and recreation of the people, is authorized to negotiate agreements granting concessions at the National Zoological Park to nonprofit scientific, educational, or historic organizations. The net proceeds of such organizations gained from such concessions granted under this subsection shall be used exclusively for research and educational work for the benefit of the National Zoological Park.

(b) Voluntary servicesThe Smithsonian Institution is authorized to accept the voluntary services of such organizations, and the voluntary services of individuals, for the benefit of the National Zoological Park.

(Pub. L. 89–772, Nov. 6, 1966, 80 Stat. 1322.)

CHAPTER 5—GOVERNMENT COLLECTIONS AND INSTITUTIONS FOR RESEARCH, AND MATERIAL FOR EDUCATIONAL INSTITUTIONS

Sec.

91.Literary and scientific collections accessible to investigators and students.

92.Admissions to marine biological station for pursuit of investigations.

93, 94.Repealed.

§ 91. Literary and scientific collections accessible to investigators and students
The facilities for study, research and illustration in the Government departments and in the following and any other governmental collections now existing or hereafter to be established in the city of Washington for the promotion of knowledge shall be accessible, under such rules and restrictions as the officers in charge of each department or collection may prescribe, subject to such authority as is now or may hereafter be permitted by law, to the scientific investigators and to duly qualified individuals, students and graduates of any institution of learning in the several States and Territories and the District of Columbia, to wit:
One. Of the Library of Congress.
Two. Of the National Museum.
Three. Of the United States Patent and Trademark Office.
Four. Of the Department of Education.
Five. Of the Bureau of Ethnology.
Six. Of the Army Medical Museum.
Seven. Of the Department of Agriculture.
Eight. Of the United States Fish and Wildlife Service.
Nine. Of the Botanic Gardens.
Ten. Of the National Ocean Survey.
Eleven. Of the United States Geological Survey.
Twelve. Of the Naval Observatory.
Thirteen. Of the Zoological Park.
Fourteen. Of the Government Publishing Office.
(Apr. 12, 1892, No. 8, 27 Stat. 395; Mar. 3, 1901, ch. 831, § 1, 31 Stat. 1039; May 14, 1928, ch. 551, § 1, 45 Stat. 531; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 96–88, title III, § 301(b)(2), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(10)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)

Editorial Notes
Codification
Section is from a resolution adopted Apr. 12, 1892, the Deficiencies Appropriation Act of Mar. 3, 1901, and the Legislative Appropriations Act of May 14, 1928, providing that facilities for study and research be afforded to investigators, students, etc., in the several States and Territories as well as in the District of Columbia.

Amendments1999—Pub. L. 106–113 substituted “United States Patent and Trademark Office” for “Patent Office” in par. Three.

Statutory Notes and Related Subsidiaries

Change of Name
“Government Publishing Office” substituted for “Government Printing Office” in par. Fourteen on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
“United States Geological Survey” substituted for “Geological Survey” in par. Eleven pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands.

Effective Date of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Transfer of Functions
For transfer of certain personal property and functions, insofar as they pertain to the Air Force, from Secretary of the Army and Department of the Army, to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6, eff. Jan. 15, 1948; 39, May 18, 1949; 40 [App. B(69)], July 22, 1949.
“Department of Education” substituted in text for “Office of Education” pursuant to sections 301(b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(b)(2) and 3507 of this title and which transferred Office of Education to Department of Education.
Office of Education created and placed in Department of the Interior by act of July 20, 1868, ch. 176, 15 Stat. 106, which abolished Department of Education. In appropriation act of July 12, 1870, ch. 251, 16 Stat. 242, the Office was designated Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273, 46 Stat. 281, 319, which made appropriations for “Office of Education”.

National MuseumNational Museum was not created by any express statutory provision for that purpose. It was first mentioned in an appropriation for postage for “the National Museum in the Smithsonian Institution,” contained in act June 20, 1874, ch. 328, § 1, 18 Stat. 103. An appropriation for a building for the use of the National Museum was made by act Mar. 3, 1879, ch. 182, § 1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building.

Executive Documents

Change of Name
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.

Transfer of Functions
Functions of all other officers of Department of Commerce and functions of all agencies and employees of such Department, with a few exceptions, transferred to Secretary of Commerce, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. United States Patents and Trademark Office, and National Ocean Survey, referred to in this section, are agencies within Department of Commerce.
Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5.
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120, which is classified to section 742b of Title 16, Conservation.
Bureau of Fisheries consolidated with Bureau of Biological Survey into Fish and Wildlife Service in Department of the Interior by Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees. The Bureau had been previously transferred to Department of the Interior by Reorg. Plan No. II of 1939, § 4(e), also set out in the Appendix to Title 5.
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Office of Education transferred to Federal Security Agency by Reorg. Plan No. I of 1939, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, set out in the Appendix to Title 5.

§ 92. Admissions to marine biological station for pursuit of investigations
The professors, instructors, and students of the several land-grant, agricultural, and mechanical colleges of the United States shall be admitted to the marine biological station on the Gulf of Mexico on the coast of Florida, to pursue such investigation in fish culture and biology as may be practicable, without cost to the Government, under such rules and regulations as may be from time to time prescribed by the Secretary of Interior.
(Mar. 1, 1911, ch. 189, § 2, 36 Stat. 964; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Aug. 1, 1914, ch. 223, § 1, 38 Stat. 665; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231.)

Editorial Notes
Codification
Section consists of section 2 of act Mar. 1, 1911. Section 1 thereof authorizing the establishment of the marine biological station on the Gulf coast of the State of Florida, referred to in text, on the condition that the State of Florida donate the necessary land and water rights, is not classified to the Code. The provisions of said section 1 requiring donation of the required land and water rights by the State were amended by act Aug. 1, 1914, ch. 223, § 1, 38 Stat. 665, which authorized the donation of the required land and water rights by a corporation, firm, or individual in addition to the State.

Statutory Notes and Related Subsidiaries

Transfer of Functions
“Secretary of Commerce” substituted in text for “Secretary of Commerce and Labor” pursuant to act Mar. 4, 1913, which changed name of Department of Commerce and Labor to Department of Commerce.

Station at Sarasota, FloridaThe Fish and Wildlife Service established a marine biological station at Sarasota, Florida, during the year 1948.

Disposal of StationSecretary of Commerce was authorized to dispose of the marine biological station at Key West, Fla., by act Apr. 29, 1929, ch. 2, 46 Stat. 2.
Under communication of the Fish and Wildlife Service dated Nov. 12, 1940, it was stated the land on which was situated this station was reconveyed to the Key West Realty Company by quit claim deed executed by the Secretary of Commerce.

Executive Documents

Transfer of Functions
Bureau of Fisheries in Department of Commerce which administered marine biological station referred to in text under supervision of Secretary of Commerce transferred to Department of the Interior under direction of Secretary of the Interior by Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, and by Reorg. Plan No. III of 1940, set out in the Appendix to Title 5. Bureau of Fisheries consolidated with Bureau of Biological Survey into Fish and Wildlife Service in Department of the Interior and under supervision of Secretary of the Interior, which was succeeded by United States Fish and Wildlife Service, see section 742b of Title 16, Conservation.

§§ 93, 94. Repealed. Oct. 31, 1951, ch. 654, § 1(41), (42), 65 Stat. 703

Section 93, act Nov. 19, 1919, ch. 118, 41 Stat. 360, which related to sale of machine tools to trade, technical, and public schools and universities, had been transferred to section 1180a of former Title 10, Army and Air Force, and was later repealed by act Oct. 31, 1951.

Section 94, act May 26, 1928, ch. 760, 45 Stat. 753, which related to transfer of obsolete aeronautical equipment to museums, schools and colleges, had been transferred to section 1180b of former Title 10, Army and Air Force, was later repealed by act Oct. 31, 1951.

CHAPTER 6—AMERICAN PRINTING HOUSE FOR THE BLIND

Sec.

101.Annual appropriations.

102.Application of appropriations.

103.Publications for National Library for the Blind.

104.Annual reports by trustees.

105.Books for Library of Congress.

106.Purchases through the General Services Administration.

106a.Financial and program audit by Secretary.

§ 101. Annual appropriations
For the purpose of enabling the American Printing House for the Blind more adequately to provide books and apparatus for the education of the blind, there is hereby authorized to be appropriated annually to it, such sum as the Congress may determine; which sum shall be expended in accordance with the requirements of sections 101, 102, and 104 of this title, under rules and regulations prescribed by the Secretary of Education, to promote the education of the blind.
(Mar. 3, 1879, ch. 186, §§ 1, 2, 20 Stat. 468; June 25, 1906, ch. 3536, 34 Stat. 460; Aug. 4, 1919, ch. 31, 41 Stat. 272; Feb. 8, 1927, ch. 76, 44 Stat. 1060; Aug. 23, 1937, ch. 736, 50 Stat. 744; May 22, 1952, ch. 321, 66 Stat. 89; Aug. 2, 1956, ch. 882, § 2, 70 Stat. 939; Pub. L. 87–294, § 4, Sept. 22, 1961, 75 Stat. 627; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L. 100–630, title IV, §§ 402(a), 403, Nov. 7, 1988, 102 Stat. 3316.)

Editorial Notes
Codification
Prior to amendment by Pub. L. 100–630, section was comprised of two sentences. The first sentence was based on provisions of acts Mar. 3, 1879, and June 25, 1906, and established a perpetual trust fund for purposes of aiding education of the blind in the United States through the American Printing House for the Blind and a permanent annual appropriation thereof, to be expended for purposes authorized by sections 101, 102, and 104 of this title. The second sentence was based on provisions of act Aug. 4, 1919, as amended. See 1988 Amendment note below.

Amendments1988—Pub. L. 100–630, § 402(a), which provided that the perpetual trust fund and permanent annual appropriations thereof established by the Act of Mar. 3, 1879, as amended by the Act of June 25, 1906, are terminated, was executed by striking the first sentence of this section which read as follows: “The sum of $250,000, set apart as a perpetual trust fund for the purpose of aiding the education of the blind in the United States, through the American Printing House for the Blind, shall be credited on the books of the Treasury Department as a perpetual trust fund for that purpose, to be held by the Secretary of the Treasury; and the sum of $10,000, being equivalent to 4 per centum on the principal of said trust fund, is appropriated, out of any moneys in the Treasury not otherwise appropriated, and such appropriation shall be deemed a permanent annual appropriation and shall be expended in the manner and for the purposes authorized by sections 101, 102, and 104 of this title.” See Codification note above.
Pub. L. 100–630, § 403, struck out “In addition to the permanent appropriation of $10,000, made in this section”.
1961—Pub. L. 87–294 struck out provisions which authorized an annual appropriation of not more than $400,000, inserted provisions authorizing an annual appropriation of such sum as the Congress may determine, and required expenditure of such sum under rules and regulations prescribed by the Secretary of Health, Education, and Welfare.
1956—Act Aug. 2, 1956, increased appropriation authorization from $250,000 to $400,000.
1952—Act May 22, 1952, amended second sentence generally, increasing appropriation authorization from $115,000 to $250,000.
1937—Act Aug. 23, 1937, amended second sentence generally, increasing appropriation authorization from $65,000 to $115,000.
1927—Act Feb. 8, 1927, amended second sentence generally, increasing appropriation authorization from $40,000 to $65,000.

Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentPub. L. 100–630, title IV, § 402(b), Nov. 7, 1988, 102 Stat. 3316, provided that: “This section [amending this section] shall take effect on October 1, 1989.”

Effective Date of 1961 AmendmentPub. L. 87–294, § 5, Sept. 22, 1961, 75 Stat. 627, provided that: “The amendments made by this Act [amending this section and section 102 of this title] shall be effective immediately after the date of its enactment [Sept. 22, 1961].”

Short Title of 1988 AmendmentPub. L. 100–630, title IV, § 401, Nov. 7, 1988, 102 Stat. 3316, provided that: “This title [amending this section and enacting provisions set out as notes under this section] may be cited as the ‘American Printing House for the Blind Amendments of 1988’.”

Transfer of Functions
“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

Compensation to American Printing House for the Blind for Vested RightsPub. L. 100–630, title IV, § 404, Nov. 7, 1988, 102 Stat. 3316, provided that: “Any and all rights of the American Printing House for the Blind determined to have vested in the perpetual trust fund established by the Act of March 3, 1879 [see Codification note above], shall be deemed to be compensated by the appropriation to the American Printing House for the Blind for fiscal year 1990.”

Ineffectiveness of References to Perpetual Trust Fund and Annual AppropriationsPub. L. 100–630, title IV, § 405, Nov. 7, 1988, 102 Stat. 3317, provided that: “Notwithstanding any Federal law, reference to the perpetual trust fund and permanent annual appropriations thereof established by the Act of March 3, 1879 [see Codification note above], shall not be given any effect.”

Executive Documents

Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Functions of Secretary of the Treasury over administration of appropriations for American Printing House for Blind (except function relating to administration of perpetual trust fund) transferred to Federal Security Agency, and annual report and vouchers of trustees directed to be furnished to Federal Security Administrator by Reorg. Plan No. II of 1939, § 201(b), eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434, set out in the Appendix to Title 5.

§ 102. Application of appropriations
The Secretary of Education is authorized to pay over semiannually, to the trustees of the American Printing House for the Blind, located in Louisville, Kentucky, and chartered in 1858 by the Legislature of Kentucky, upon requisition of their president, countersigned by their treasurer, one-half of such annual appropriation upon the following conditions:(1) Purposes and methods of expendituresFirst. (A) Such appropriation shall be expended by the trustees of the American Printing House for the Blind each year in manufacturing and furnishing books and other materials specially adapted for instruction of the blind; and the total amount of such books and other materials so manufactured and furnished by such appropriation shall each year be distributed among all the public and private nonprofit institutions in the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, in which blind pupils are educated. Each public and private nonprofit institution for the education of the blind shall receive, in books and other materials, upon requisition of its superintendent, that portion of the appropriation as is shown by the ratio between the number of blind pupils in that institution and the total number of blind pupils in all of the public and private nonprofit institutions in which blind pupils are educated. Each chief State school officer shall receive, in books and other materials, upon requisition, that portion of the appropriation as is shown by the ratio between the number of blind pupils in public and private nonprofit institutions (in the State) in which blind pupils are educated, other than institutions to which the preceding sentence is applicable, and the total number of blind pupils in the public and private nonprofit institutions in which blind pupils are educated in all of the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. The ratio referred to in each of the two immediately preceding sentences shall be computed upon the first Monday in January of each year; and for purposes of such sentences the number of blind pupils in public and private nonprofit institutions in which blind pupils are educated shall be authenticated in such manner and as often as the trustees of the American Printing House for the Blind shall require. For purposes of sections 101, 102, and 104 of this title, an institution for the education of the blind is any institution which provides education exclusively for the blind, or exclusively for the blind and other handicapped children (in which case special classes are provided for the blind); the chief State school officer of a State is the superintendent of public elementary and secondary schools in such State or, if there is none, such other official as the Governor certifies to have comparable responsibility in the State; and a blind pupil is a blind individual pursuing a course of study in an institution of less than college grade.(B) The portion of the appropriation received by each chief State school officer, in such books and other materials under subparagraph (A) of this paragraph which represents the number of blind pupils in private nonprofit institutions in such State in which blind pupils are educated shall be distributed among such institutions on the basis of the number of blind pupils in each such institution as compared to the total number of such pupils in all of the private nonprofit institutions in which blind pupils are educated in such State.

(C) All books and other materials furnished pursuant to sections 101, 102, and 104 of this title, and control and administration of their use, shall vest only in a public agency. Such books and materials made available pursuant to sections 101, 102 and 104 of this title for use of teachers and blind pupils in any State, Territory, or possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia in any school shall be limited to those books and materials which have been approved by an appropriate educational authority or agency of such State, Territory, possession, Commonwealth, or District, or any local educational authority thereof, for use, or are used, in a public elementary or secondary school therein.

(2) BuildingsSecond. No part of the appropriation shall be expended in the erection or leasing of buildings; but the trustees of the American Printing House for the Blind may use each year a reasonable sum of the annual appropriation for salaries and other expenses of experts and other staff to assist special committees which may be appointed in performance of their functions, and for expenses of such special committees.

(3) Sales of books and apparatus at costThird. No profit shall be put on any books or tangible apparatus for the instruction of the blind manufactured or furnished by the trustees of said American Printing House for the Blind, located in Louisville, Kentucky; and the price put upon each article so manufactured or furnished shall only be its actual cost.

(4) Income withheld when not properly usedFourth. The Secretary of the Treasury of the United States shall have the authority to withhold the appropriation whenever he shall receive satisfactory proof that the trustees of said American Printing House for the Blind, located in Louisville, Kentucky, are not using the appropriation for the benefit of the blind in the public and private nonprofit institutions for the education of the blind in the United States.

(5) Bond of treasurerFifth. Before any money be paid to the treasurer of the American Printing House for the Blind by the Secretary of the Treasury of the United States, the treasurer of the American Printing House for the Blind shall execute a bond, with two approved sureties, to the amount of $20,000, conditioned that the money so received shall be expended according to this law and all amendments thereto, which shall be held by the Secretary of the Treasury of the United States, and shall be renewed every two years.

(6) Ex officio trusteesSixth. The superintendent of each public institution for the education of the blind (or his designee) and the chief State school officer (or his designee), of each State and possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, shall each, ex officio, be a member of the Board of Trustees of the American Printing House for the Blind only for purposes of administering sections 101, 102 and 104 of this title.

(Mar. 3, 1879, ch. 186, § 3, 20 Stat. 468; June 25, 1906, ch. 3536, 34 Stat. 460; Aug. 2, 1956, ch. 882, § 1, 70 Stat. 938; Pub. L. 87–294, §§ 1–3, Sept. 22, 1961, 75 Stat. 627; Pub. L. 91–230, title VIII, § 811(a), (b), Apr. 13, 1970, 84 Stat. 194, 195; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

Editorial Notes
Codification
For purposes of codification, the provisions of section 3 of act Mar. 3, 1879, were changed as follows: provision providing for payment of the semi-annual interest upon the bonds was substituted for one providing for payment of one-half the annual appropriation, the word “income” was substituted for “appropriation”, and the word “interest” was substituted for “money” in par. (5), to conform to the modification of act Mar. 3, 1879, by act June 25, 1906, as shown in the note set out under section 101 of this title.

Amendments1970—Par. First. Pub. L. 91–230, § 811(a), designated existing provisions as subpar. (A), made provisions applicable to private nonprofit institutions, and added subpars. (B) and (C).
Par. Fourth. Pub. L. 91–230, § 811(b), made provisions applicable to private nonprofit institutions.
1961—Pub. L. 87–294, § 1, substituted “Secretary of Health, Education, and Welfare” for “Secretary of the Treasury of the United States” and struck out “permanent” before “annual appropriation” in opening clause.
Par. Second. Pub. L. 87–294, § 2, authorized the trustees to use each year a reasonable sum of the annual appropriation for salaries and other expenses of experts and other staff to assist special committees which may be appointed in performance of their functions, and for expenses of such special committees.
Par. Sixth. Pub. L. 87–294, § 3, substituted “superintendent of each public institution for the education of the blind (or his designee) and the chief State school officer (or his designee), of each State and possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, shall” for “superintendents of the various public institutions for the education of the blind in the United States shall”, and limited the duties of the Board to the administration of sections 101, 102, and 104 of this title.
1956—Par. First. Act Aug. 2, 1956, authorized wider distribution of books and other special instructional material for the blind.

Statutory Notes and Related Subsidiaries
Effective Date of 1961 AmendmentAmendment by Pub. L. 87–294 effective immediately after Sept. 22, 1961, see section 5 of Pub. L. 87–294, set out as a note under section 101 of this title.

Transfer of Functions
“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in provision preceding par. (1) pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

Executive Documents

Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary of Health, Education and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Functions of Secretary of the Treasury over administration of appropriations for American Printing House for Blind (except function relating to administration of perpetual trust fund) transferred to Federal Security Agency, and annual report and vouchers of trustees directed to be furnished to Federal Security Administrator by Reorg. Plan No. II of 1939, § 201(b), eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434, set out in the Appendix to Title 5.

§ 103. Publications for National Library for the Blind
Two copies of each of the publication printed by the American Printing House for the Blind shall be furnished free of charge to the National Library for the Blind located at 1729 H Street Northwest, Washington, District of Columbia.
(Nov. 4, 1919, ch. 93, § 1, 41 Stat. 332.)

§ 104. Annual reports by trustees
The trustees of said American Printing House for the Blind shall annually make to the Secretary of Education a report of the items of their expenditure of the appropriation aforesaid during the year preceding their report, and shall annually furnish him with a voucher from each public or private nonprofit institution for the education of the blind, showing that the amount of books and tangible apparatus due has been received.
(Mar. 3, 1879, ch. 186, § 4, 20 Stat. 469; June 25, 1906, ch. 3536, 34 Stat. 460; 1939 Reorg. Plan No. II, § 201(b), eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 91–230, title VIII, § 811(c), Apr. 13, 1970, 84 Stat. 195; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

Editorial Notes
Codification
The word “appropriation” substituted in text for “income” to conform to the modification of act Mar. 3, 1879, by act June 25, 1906, as shown in the note set out under section 101 of this title.

Amendments1970—Pub. L. 91–230 made provision applicable to a private nonprofit institution.

Statutory Notes and Related Subsidiaries

Transfer of Functions
“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

Executive Documents

Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Functions of Secretary of the Treasury over administration of appropriations for American Printing House for Blind (except function relating to administration of perpetual trust fund) transferred to Federal Security Agency, and annual report and vouchers of trustees directed to be furnished to Federal Security Administrator by Reorg. Plan No. II of 1939, § 201(b), eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434, set out in the Appendix to Title 5.

§ 105. Books for Library of Congress
The distribution of embossed books manufactured by the American Printing House for the Blind at Louisville, Kentucky, out of the income of the fund provided by sections 101, 102, and 104 of this title, shall include one copy of every book so manufactured to be deposited in the Library of Congress at Washington.
(Mar. 4, 1913, ch. 142, § 1, 37 Stat. 748.)

§ 106. Purchases through the General Services Administration
On and after September 8, 1978, the American Printing House for the Blind is authorized to make purchases through the General Services Administration.
(Pub. L. 95–355, title I, § 100, Sept. 8, 1978, 92 Stat. 531.)

Editorial Notes
Codification
Section is from the Second Supplemental Appropriations Act, 1978, and contained additional provisions relating to purchases by Howard University, Gallaudet University, and the National Technical Institute for the Deaf, which are set out in sections 130 and 4362 of this title.

§ 106a. Financial and program audit by Secretary
Funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts to the American Printing House for the Blind shall be subject to financial and program audit by the Secretary of Education and the Secretary may withhold all or any portion of these appropriations if he determines that an institution has not cooperated fully in the conduct of such audits.
(Pub. L. 102–394, title III, § 301, Oct. 6, 1992, 106 Stat. 1819.)

Editorial Notes
Codification
Section is from the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993, and contained additional provisions relating to Howard University, Gallaudet University, and the National Technical Institute for the Deaf, which are set out as sections 130a and 4363 of this title, respectively.

CHAPTER 6A—VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec.

107.Operation of vending facilities.

107a.Federal and State responsibilities.

107b.Application for designation as State licensing agency; cooperation with Secretary; furnishing initial stock.

107b–1.Access to information with State licensing agencies; election and responsibilities of Committee of Blind Vendors.

107b–2.Omitted.

107b–3.Audit of nonappropriated fund activities.

107c.Repealed.

107d.Expenditures.

107d–1.Grievances of blind licensees.

107d–2.Arbitration.

107d–3.Vending machine income.

107d–4.Training programs for maximum vocational potential for blind.

107e.Definitions.

107e–1.Repealed.

107f.Authorization of appropriations.

§ 107. Operation of vending facilities(a) AuthorizationFor the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under the provisions of this chapter shall be authorized to operate vending facilities on any Federal property.

(b) Preferences regulations; justification for limitation on operationIn authorizing the operation of vending facilities on Federal property, priority shall be given to blind persons licensed by a State agency as provided in this chapter; and the Secretary, through the Commissioner, shall, after consultation with the Administrator of General Services and other heads of departments, agencies, or instrumentalities of the United States in control of the maintenance, operation, and protection of Federal property, prescribe regulations designed to assure that—(1) the priority under this subsection is given to such licensed blind persons (including assignment of vending machine income pursuant to section 107d–3 of this title to achieve and protect such priority), and

(2) wherever feasible, one or more vending facilities are established on all Federal property to the extent that any such facility or facilities would not adversely affect the interests of the United States.

Any limitation on the placement or operation of a vending facility based on a finding that such placement or operation would adversely affect the interests of the United States shall be fully justified in writing to the Secretary, who shall determine whether such limitation is justified. A determination made by the Secretary pursuant to this provision shall be binding on any department, agency, or instrumentality of the United States affected by such determination. The Secretary shall publish such determination, along with supporting documentation, in the Federal Register.

(June 20, 1936, ch. 638, § 1, 49 Stat. 1559; Aug. 3, 1954, ch. 655, § 4(a), 68 Stat. 663; Pub. L. 93–516, title II, § 202, Dec. 7, 1974, 88 Stat. 1623; Pub. L. 93–651, title II, § 202, Nov. 21, 1974, 89 Stat. 2–8.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions thereof which amended and enacted various sections of this chapter, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this chapter should be deemed to have been amended by Pub. L. 93–651, Nov. 21, 1974, 89 Stat. 2–3, in exactly the same manner as it was amended by Pub. L. 93–516.

Amendments1974—Subsec. (a). Pub. L. 93–516 designated first sentence of existing provisions as subsec. (a), substituted “purposes” for “purpose”, “vending facilities” for “vending stands”, and struck out “where such vending stands may be properly and satisfactorily operated by blind persons”. An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (b). Pub. L. 93–516 designated second sentence of existing provisions as subsec. (b), in the provisions preceding par. (1) of subsec. (b) as so designated, substituted reference to vending facilities for reference to vending stands, substituted provisions requiring that priority be given to blind persons for provisions requiring that preference be given so far as feasible to blind persons, substituted provisions authorizing the Secretary after consultation with the Administrator of General Services, and other heads of departments, agencies, or instrumentalities of the United States in control of maintenance, operation, and protection of Federal property to prescribe regulations for provisions authorizing the head of each department or agency in control of the maintenance, operation, and protection of Federal property after consultation with the Secretary and with the approval of the President to prescribe regulations, struck out provisions that such regulations assure such preference including assignment of vending machine income to achieve and protect such preference for such blind persons without unduly inconveniencing such departments and agencies or adversely affecting the interests of the United States, and added pars. (1) and (2) and provisions following par. (2). An identical amendment was made by Pub. L. 93–651. See Codification note above.
1954—Act Aug. 3, 1954, provided that in authorizing the operation of vending stands preference shall be given, so far as feasible, to blind persons.

Statutory Notes and Related Subsidiaries
Effective Date of 1954 AmendmentAmendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor.

Short Title of 1974 AmendmentPub. L. 93–516, title II, § 200, Dec. 7, 1974, 88 Stat. 1622, provided that: “This title [enacting sections 107b–1 to 107b–3 and 107d–1 to 107d–4 of this title, amending this section, sections 107a, 107b, 107d, 107e of this title, and section 5108 of Title 5, Government Organization and Employees, repealing sections 107c and 107e–1 of this title, and enacting provisions set out as notes under this section and section 702 of Title 29, Labor] may be cited as the ‘Randolph-Sheppard Act Amendments of 1974’.”

An identical provision is in section 200 of Pub. L. 93–651. See Codification note above.

Short Title of 1954 AmendmentAct Aug. 3, 1954, ch. 655, § 1, 68 Stat. 652, provided that: “This Act [enacting section 107e–1 of this title and amending this section and sections 107a, 107b, 107e, and 107f of this title and sections 31 to 41, 42, 49b, and 49g of Title 29, Labor] may be cited as the ‘Vocational Rehabilitation Amendments of 1954’.”

Short TitleAct June 20, 1936, ch. 638, § 11, as added by Pub. L. 108–136, div. A, title VIII, § 852(c), Nov. 24, 2003, 117 Stat. 1556, provided that: “This Act [enacting this chapter] may be cited as the ‘Randolph-Sheppard Act’.”

The act June 20, 1936 is also popularly known as the “Randolph-Sheppard Vending Stand Act”.

Congressional FindingsPub. L. 93–516, title II, § 201, Dec. 7, 1974, 88 Stat. 1622, provided that:
“The Congress finds—
“(1) after review of the operation of the blind vending stand program authorized under the Randolph-Sheppard Act of June 20, 1936 [this chapter], that the program has not developed, and has not been sustained, in the manner and spirit in which the Congress intended at the time of its enactment, and that, in fact, the growth of the program has been inhibited by a number of external forces;

“(2) that the potential exists for doubling the number of blind operators on Federal and other property under the Randolph-Sheppard program within the next five years, provided the obstacles to growth are removed, that legislative and administrative means exist to remove such obstacles, and that Congress should adopt legislation to that end; and

“(3) that at a minimum the following actions must be taken to insure the continued vitality and expansion of the Randolph-Sheppard program—“(A) establish uniformity of treatment of blind vendors by all Federal departments, agencies, and instrumentalities,

“(B) establish guidelines for the operation of the program by State licensing agencies,

“(C) require coordination among the several entities with responsibility for the program,

“(D) establish a priority for vending facilities operated by blind vendors on Federal property,

“(E) establish administrative and judicial procedures under which fair treatment of blind vendors, State licensing agencies, and the Federal Government is assured,

“(F) require stronger administration and oversight functions in the Federal office carrying out the program, and

“(G) accomplish other legislative and administrative objectives which will permit the Randolph-Sheppard program to flourish.”

An identical provision is in section 201 of Pub. L. 93–651. See Codification note above.

§ 107a. Federal and State responsibilities(a) Functions of Secretary; surveys; designation of State licensing agencies; qualifications for license; evaluation of programsThe Secretary of Education shall—(1) Insure that the Rehabilitation Services Administration is the principal agency for carrying out this chapter; and the Commissioner shall, within one hundred and eighty days after enactment of the Randolph-Sheppard Act Amendments of 1974, establish requirements for the uniform application of this chapter by each State agency designated under paragraph (5) of this subsection, including appropriate accounting procedures, policies on the selection and establishment of new vending facilities, distribution of income to blind vendors, and the use and control of set-aside funds under section 107b(3) of this title;

(2) Through the Commissioner, make annual surveys of concession vending opportunities for blind persons on Federal and other property in the United States, particularly with respect to Federal property under the control of the General Services Administration, the Department of Defense, and the United States Postal Service;

(3) Make surveys throughout the United States of industries with a view to obtaining information that will assist blind persons to obtain employment;

(4) Make available to the public, and especially to persons and organizations engaged in work for the blind, information obtained as a result of such surveys;

(5) Designate as provided in section 107b of this title the State agency for the blind in each State, or, in any State in which there is no such agency, some other public agency to issue licenses to blind persons who are citizens of the United States for the operating of vending facilities on Federal and other property in such State for the vending of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the State licensing agency, and including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State; and

(6) Through the Commission,11 So in original. Probably should be “Commissioner,”. (A) conduct periodic evaluations of the program authorized by this chapter, including upward mobility and other training required by section 107d–4 of this title, and (B) take such other steps, including the issuance of such rules and regulations, as may be necessary or desirable in carrying out the provisions of this chapter.

(b) Duty of State licensing agencies to prefer blindThe State licensing agency shall, in issuing each such license for the operation of a vending facility, give preference to blind persons who are in need of employment. Each such license shall be issued for an indefinite period but may be terminated by the State licensing agency if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by such licensing agency. Such licenses shall be issued only to applicants who are blind within the meaning of section 107e of this title.

(c) Selection of location and type of facilityThe State licensing agency designated by the Secretary is authorized, with the approval of the head of the department or agency in control of the maintenance, operation, and protection of the Federal property on which the facility is to be located but subject to regulations prescribed pursuant to section 107 of this title, to select a location for such facility and the type of facility to be provided.

(d) Buildings occupied by United States departments, agencies, and instrumentalities required to provide sites for facilities; exceptions(1) After January 1, 1975, no department, agency, or instrumentality of the United States shall undertake to acquire by ownership, rent, lease, or to otherwise occupy, in whole or in part, any building unless, after consultation with the head of such department, agency, or instrumentality and the State licensing agency, it is determined by the Secretary that (A) such building includes a satisfactory site or sites for the location and operation of a vending facility by a blind person, or (B) if a building is to be constructed, substantially altered, or renovated, or in the case of a building that is already occupied on such date by such department, agency, or instrumentality, is to be substantially altered or renovated for use by such department, agency, or instrumentality, the design for such construction, substantial alteration, or renovation includes a satisfactory site or sites for the location and operation of a vending facility by a blind person. Each such department, agency, or instrumentality shall provide notice to the appropriate State licensing agency of its plans for occupation, acquisition, renovation, or relocation of a building adequate to permit such State agency to determine whether such building includes a satisfactory site or sites for a vending facility.

(2) The provisions of paragraph (1) shall not apply (A) when the Secretary and the State licensing agency determine that the number of people using the property is or will be insufficient to support a vending facility, or (B) to any privately owned building, any part of which is leased by any department, agency, or instrumentality of the United States and in which, (i) prior to the execution of such lease, the lessor or any of his tenants had in operation a restaurant or other food facility in a part of the building not included in such lease, and (ii) the operation of such a vending facility by a blind person would be in proximate and substantial direct competition with such restaurant or other food facility except that each such department, agency, and instrumentality shall make every effort to lease property in privately owned buildings capable of accommodating a vending facility.

(3) For the purposes of this subsection, the term “satisfactory site” means an area determined by the Secretary to have sufficient space, electrical and plumbing outlets, and such other facilities as the Secretary may by regulation prescribe, for the location and operation of a vending facility by a blind person.

(e) State licensing agency in States having vocational rehabilitation plansIn any State having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act or the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], the State licensing agency designated under paragraph (5) of subsection (a) of this section shall be the State agency designated under section 101(a)(2)(A) of such Rehabilitation Act of 1973 [29 U.S.C. 721(a)(2)(A)].

(June 20, 1936, ch. 638, § 2, 49 Stat. 1559; 1939 Reorg. Plan No. I, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1946 Reorg. Plan No. 2, § 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 3, 1954, ch. 655, § 4(b)–(d), 68 Stat. 663; Pub. L. 93–516, title II, § 203, Dec. 7, 1974, 88 Stat. 1623; Pub. L. 93–651, title II, § 203, Nov. 21, 1974, 89 Stat. 2–8; Pub. L. 96–88, title III, § 301(a)(4)(B), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L. 104–66, title I, § 1041(i), Dec. 21, 1995, 109 Stat. 715; Pub. L. 105–220, title IV, § 414(a), Aug. 7, 1998, 112 Stat. 1241.)

Editorial Notes

References in TextFor the date of the enactment of the Randolph-Sheppard Act Amendments of 1974, referred to in subsec. (a)(1), see Codification note below.
The Vocational Rehabilitation Act, referred to in subsec. (e), is act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was classified to chapter 4 (§ 31 et seq.) of Title 29, Labor, and was repealed by Pub. L. 93–112, title V, § 500(a), Sept. 26, 1973, 87 Stat. 357. Such section 500, classified to section 790 of Title 29, provides in part that references to the Vocational Rehabilitation Act in any other provision of law shall be deemed to be references to the Rehabilitation Act of 1973.
The Rehabilitation Act of 1973, referred to in subsec. (e), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Codification
The content of Pub. L. 93–516, including provisions of section 203 thereof which amended this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 1422 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended by Pub. L. 93–651, title II, § 203, Nov. 21, 1974, 89 Stat. 2–8, 2–9, in exactly the same manner as it was amended by Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617.

Amendments1998—Subsec. (e). Pub. L. 105–220 substituted “section 101(a)(2)(A)” for “section 101(a)(1)(A)”.
1995—Subsec. (a)(6)(A). Pub. L. 104–66 struck out “and annually submit to the appropriate committees of Congress a report based on such evaluations,” after “section 107d–4 of this title,”.
1974—Subsec. (a)(1). Pub. L. 93–516, § 203(a)(1), added par. (1). Former par. (1) redesignated (2). An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (a)(2). Pub. L. 93–516, § 203(a)(1), (2), redesignated former par. (1) as (2) and substituted “Through the Commissioner, make annual surveys of concessions vending opportunities for blind persons on Federal and other property in the United States, particularly with respect to Federal property under the control of the General Services Administration, the Department of Defense, and the United States Postal Service” for “Make surveys of concession-stand opportunities for blind persons on Federal and other property in the United States”. Former par. (2) redesignated (3). An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (a)(3). Pub. L. 93–516, § 203(a)(1), redesignated former par. (2) as (3). Former par. (3) redesignated (4). An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (a)(4). Pub. L. 93–516, § 203(a)(1), redesignated former par. (3) as (4). Former par. (4) redesignated (5). An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (a)(5). Pub. L. 93–516, § 203(a)(1), (3), redesignated former par. (4) as (5), substituted “State agency for the blind in each State, or, in any State in which there is no such agency, some other public agency to issue licenses to blind persons who are citizens of the United States for the operating of vending facilities” for “State commission for the blind in each State, or, in any State in which there is no such commission, some other public agency to issue licenses to blind persons who are citizens of the United States and at least twenty-one years of age for the operating of vending stands”, and “foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the State licensing agency, and including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State” for “articles dispensed automatically or in containers or wrapping in which they are placed before receipt by the vending stand, and such other articles as may be approved for each property by the department or agency in control of the maintenance, operation, and protection thereof and the State licensing agency in accordance with the regulations prescribed pursuant to section 107 of this title”, and struck out proviso that effective four years after the enactment of the Vocational Rehabilitation Amendments of 1954, in States having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act, the licensing agency to be designated hereunder shall be the State agency designated pursuant to section 35(a)(1) of title 29 as the sole agency with respect to vocational rehabilitation of the blind, and that prior to such time, no license shall be granted except upon certification by a vocational rehabilitation agency that the individual is qualified to operate a vending stand. An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (a)(6). Pub. L. 93–516, § 203(a)(1), (4), redesignated former par. (5) as (6), substantially reenacted existing provisions in cl. (B), and added cl. (A) and provisions preceding cl. (A). An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (b). Pub. L. 93–516, § 203(b), substituted “operation of a vending facility” for “operation of a vending stand”, struck out one year residency requirement for giving preference, and in provisions relating to qualifications of applicants, struck out “but are able, in spite of such infirmity, to operate such stands”. An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsec. (c). Pub. L. 93–516, § 203(c), substituted “facility” for “stand” in three places. An identical amendment was made by Pub. L. 93–651. See Codification note above.
Subsecs. (d), (e). Pub. L. 93–516, § 203(d), added subsecs. (d) and (e). An identical amendment was made by Pub. L. 93–651. See Codification note above.
1954—Act Aug. 3, 1954, added to the list of articles which may be vended, articles dispensed automatically or in containers or wrappings received by the stand and to provide that after four years the agency designated under section 35(a)(1) of title 29 shall be the sole State agency for vocational rehabilitation of the blind and to require, prior to that time, certification by agencies as a condition for issuing licenses.

Statutory Notes and Related Subsidiaries
Effective Date of 1954 AmendmentAmendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor.

Transfer of Functions
“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to sections 301(a)(4)(B) and 507 of Pub. L. 96–88 which are classified to sections 3441(a)(4)(B) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.
For transfer of functions and offices of Secretary and Department of Health, Education, and Welfare, including Rehabilitation Services Administration and Commissioner thereof, to Secretary and Department of Education, and for delegation of certain functions of Secretary of Education under this chapter to Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of this title.

Executive Documents

Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
“Federal Security Administrator” substituted for “Office of Education under the Federal Security Agency, subject to the direction of the Commissioner of Education and such rules and regulations as he may, with the approval of the Federal Security Administrator, prescribe” in subsec. (a) and for “Office of Education” in subsec. (c) by Reorg. Plan No. 2 of 1946, set out in the Appendix to Title 5, which transferred functions of Office of Education and Commissioner of Education under sections 107 to 107f of this title to Federal Security Administrator. Federal Security Agency Order 62, July 16, 1946, 11 F.R. 7943, provided that these functions shall be performed under supervision and direction of Commissioner for Special Services by Director of Vocational Rehabilitation and such officers and employees of Office of Vocational Rehabilitation as Director shall designate.
Office of Education originally established in Department of the Interior from which it was transferred to Federal Security Agency by Reorg. Plan No. I of 1939, § 201, which is set out in the Appendix to Title 5.

Federal Support for the Randolph-Sheppard Vending Facility Program
Memorandum of President of the United States, Jan. 20, 2012, 77 F.R. 3917, provided:
Memorandum for the Heads of Executive Departments and Agencies
Thousands of Americans who are blind have embraced the entrepreneurial spirit that helps define our Nation as a land of opportunity. Through the Federal Randolph-Sheppard Vending Facility Program administered by the Department of Education, talented and creative individuals who are blind have acquired the management training and business skills necessary to realize the American dream—a lifetime of economic opportunity, independence, and self-sufficiency for themselves and their families.
For 75 years, blind business managers have successfully operated food services and commercial ventures at Federal, State, and private buildings and locations nationwide. We honor and celebrate this program’s historic achievements. We also trust that the Randolph-Sheppard Program will continue to be a leading model for providing high-quality entrepreneurial opportunities for blind individuals. From a simple snack shop, to tourist services at the Hoover Dam, to full food-services operations at military installations, blind entrepreneurs have provided exceptional customer service to Federal and State employees, the Armed Forces, and the general public. With proven ability, they have challenged preconceived notions about disability.
The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) created the Vending Facility Program requiring qualified blind individuals be given a priority to operate vending facilities on Federal properties. This program is responsible today for providing entrepreneurial opportunities for over 2,500 individuals who are blind. In turn, these business managers have hired thousands of workers, many of whom are individuals with disabilities. Every American, including persons with disabilities, deserves the opportunity to succeed without limits, earn equal pay for equal jobs, and aspire to full-time, career-oriented employment.
Continued support and cooperation are needed from executive departments, agencies, and offices (agencies) to extend the Randolph-Sheppard priority to qualified blind managers through the State licensing agencies that implement the program. Therefore, I direct all agencies that have property management responsibilities to ensure that agency officials, when pursuing the establishment and operation of vending facilities (including cafeterias and military dining facilities) as defined in 20 U.S.C. 107e, issue permits and contracts in compliance with the Randolph-Sheppard Program and consistent with existing regulations and law. I further direct the Secretary of Education, through the Commissioner of the Rehabilitation Services Administration, to submit a report to the President on agencies’ implementation of the Randolph-Sheppard Program not later than 1 year from the date of this memorandum.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Secretary of Education is hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

§ 107b. Application for designation as State licensing agency; cooperation with Secretary; furnishing initial stock
A State agency for the blind or other State agency desiring to be designated as the licensing agency shall, with the approval of the chief executive of the State, make application to the Secretary and agree—(1) to cooperate with the Secretary in carrying out the purpose of this chapter;

(2) to provide for each licensed blind person such vending facility equipment, and adequate initial stock of suitable articles to be vended therefrom, as may be necessary: Provided, however, That such equipment and stock may be owned by the licensing agency for use of the blind, or by the blind individual to whom the license is issued: And provided further, That if ownership of such equipment is vested in the blind licensee, (A) the State licensing agency shall retain a first option to repurchase such equipment and (B) in the event such individual dies or for any other reason ceases to be a licensee or transfers to another vending facility, ownership of such equipment shall become vested in the State licensing agency (for transfer to a successor licensee) subject to an obligation on the part of the State licensing agency to pay to such individual (or to his estate) the fair value of his interest therein as later determined in accordance with regulations of the State licensing agency and after opportunity for a fair hearing;

(3) that if any funds are set aside, or caused to be set aside, from the net proceeds of the operation of the vending facilities such funds shall be set aside, or caused to be set aside, only to the extent necessary for and may be used only for the purposes of (A) maintenance and replacement of equipment; (B) the purchase of new equipment; (C) management services; (D) assuring a fair minimum return to operators of vending facilities; and (E) retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is determined by a majority vote of blind licensees licensed by such State agency, after such agency provides to each such licensee full information on all matters relevant to such proposed program, that funds under this paragraph shall be set aside for such purposes: Provided, however, That in no event shall the amount of such funds to be set aside from the net proceeds of any vending facility exceed a reasonable amount which shall be determined by the Secretary;

(4) to make such reports in such form and containing such information as the Secretary may from time to time require and to comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;

(5) to issue such regulations, consistent with the provisions of this chapter, as may be necessary for the operation of this program;

(6) to provide to any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d–1 of this title.

(June 20, 1936, ch. 638, § 3, 49 Stat. 1560; 1946 Reorg. Plan No. 2, § 6, eff. July 16, 1946, 11 F.R 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 3, 1954, ch. 655, § 4(e), 68 Stat. 664; Pub. L. 93–516, title II, § 204, Dec. 7, 1974, 88 Stat. 1625; Pub. L. 93–651, title II, § 204, Nov. 21, 1974, 89 Stat. 2–10.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions of section 204 thereof which amended this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended by Pub. L. 93–651, title II, § 204, Nov. 21, 1974, 89 Stat. 2–10, in exactly the same manner as it was amended by Pub. L. 93–516.

Amendments1974—Pub. L. 93–516, § 204(a)(1), substituted “A State agency” for “A State commission” in provisions preceding par. (1). An identical amendment was made by Pub. L. 93–651. See Codification note above.
Par. (2). Pub. L. 93–516, § 204(a)(2), substituted “vending facility” for “vending stand” in two places. An identical amendment was made by Pub. L. 93–651. See Codification note above.
Par. (3). Pub. L. 93–516, § 204(a)(2), (b), (c), in provisions preceding subpar. (A), substituted “the net proceeds of the operation of the vending facilities” for “the proceeds of the operation of the vending stands”, in subpar. (D), substituted “vending facilities” for “vending stands”, added subpar. (E), and in proviso following subpar. (E) substituted “the net proceeds of any vending facility” for “the proceeds of any vending stand”. An identical amendment was made by Pub. L. 93–651. See Codification note above.
Par. (6). Pub. L. 93–516, § 204(a)(3), substituted “vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d–1 of this title” for “vending stand program an opportunity for a fair hearing”. An identical amendment was made by Pub. L. 93–651. See Codification note above.
1954—Act Aug. 3, 1954, amended section generally and, among other changes, added pars. (3) to (6).

Statutory Notes and Related Subsidiaries
Effective Date of 1954 AmendmentAmendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor.

Transfer of Functions
For transfer of functions, see note set out under section 107a of this title.

§ 107b–1. Access to information with State licensing agencies; election and responsibilities of Committee of Blind Vendors
In addition to other requirements imposed in this title 11 See References in Text note below. and in the Randolph-Sheppard Act [20 U.S.C. 107 et seq.] upon State licensing agencies, such agencies shall—(1) provide to each blind licensee access to all relevant financial data, including quarterly and annual financial reports, on the operation of the State vending facility program;

(2) conduct the biennial election of a Committee of Blind Vendors who shall be fully representative of all blind licensees in the State program,22 So in original. The comma probably should be a semicolon. and

(3) insure that such committee’s responsibilities include (A) participation, with the State agency, in major administrative decisions and policy and program development, (B) receiving grievances of blind licensees and serving as advocates for such licensees, (C) participation, with the State agency, in the development and administration of a transfer and promotion system for blind licensees, (D) participation, with the State agency, in developing training and retraining programs, and (E) sponsorship, with the assistance of the State agency, of meetings and instructional conferences for blind licensees.

(Pub. L. 93–516, title II, § 209, Dec. 7, 1974, 88 Stat. 1630; Pub. L. 93–651, title II, § 209, Nov. 21, 1974, 89 Stat. 2–15.)

Editorial Notes

References in TextThis title, referred to in text, is title II of Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617, as amended, known as the “Randolph-Sheppard Act Amendments of 1974”. For complete classification of such title to the Code, see Short Title of 1974 Amendment note set out under section 107 of this title and Tables.
The Randolph-Sheppard Act, referred to in text, is act June 20, 1936, ch. 638, 49 Stat. 1559, also popularly known as the Randolph-Sheppard Vending Stand Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 107 of this title and Tables.

Codification
Section was enacted as part of the Randolph-Sheppard Act Amendments of 1974, and not as part of the Randolph-Sheppard Act which comprises this chapter.
The content of Pub. L. 93–516, including provisions of section 209 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 209, Nov. 21, 1974, 89 Stat. 2–15, in exactly the same manner as it was enacted by Pub. L. 93–516.

§ 107b–2. Omitted
Editorial Notes
Codification
Section, Pub. L. 93–516, title II, § 210, Dec. 7, 1974, 88 Stat. 1630, required the Secretary to promulgate national standards for funds set aside, to study and report the feasibility of establishing retirement, pension, and health insurance systems for blind licensees, and to evaluate the income assignment methods and required the State agencies to submit certain reports.
The content of Pub. L. 93–516, including provisions of section 210 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 210, Nov. 21, 1974, 89 Stat. 2–15, in exactly the same manner as it was enacted by Pub. L. 93–516.

§ 107b–3. Audit of nonappropriated fund activities
The Comptroller General is authorized to conduct regular and periodic audits of all nonappropriated fund activities which receive income from vending machines on Federal property, under such rules and regulations as he may prescribe. In the conduct of such audits he and his duly authorized representatives shall have access to any relevant books, documents, papers, accounts, and records of such activities as he deems necessary.
(Pub. L. 93–516, title II, § 211, Dec. 7, 1974, 88 Stat. 1630; Pub. L. 93–651, title II, § 211, Nov. 21, 1974, 89 Stat. 2–15.)

Editorial Notes
Codification
Section was enacted as part of the Randolph-Sheppard Act Amendments of 1974, and not as part of the Randolph-Sheppard Act which comprises this chapter.
The content of Pub. L. 93–516, including provisions of section 211 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 211, Nov. 21, 1974, 89 Stat. 2–15, in exactly the same manner as it was enacted by Pub. L. 93–516.

§ 107c. Repealed. Pub. L. 93–516, title II, § 205, Dec. 7, 1974, 88 Stat. 1626

Section, act June 20, 1936, ch. 638, § 4, 49 Stat. 1560; Reorg. Plan No. 2 of 1946, § 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Reorg. Plan No. 1 of 1953, §§ 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, related to provisions authorizing the Secretary to cooperate with State boards for rehabilitation of handicapped persons, established by the several States pursuant to sections 31 to 42b of Title 29, Labor, as amended and supplemented, in carrying out the provisions of this chapter. See section 701 et seq. of Title 29.

The content of Pub. L. 93–516, including provisions of section 205 thereof which repealed this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been repealed by Pub. L. 93–651, title II, § 205, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was repealed by Pub. L. 93–516.

§ 107d. Expenditures(a) Personal services, rent, printing, etc.The Secretary is authorized to make such expenditures out of any money appropriated therefor (including expenditures for personal services and rent at the seat of government and elsewhere, books of reference and periodicals, for printing and binding, and for traveling expenses) as he may deem necessary to carry out the provisions of this chapter.

(b) Preference to blind persons in employmentThe Secretary shall, in employing such additional personnel as may be necessary, give preference to blind persons who are capable of discharging the required duties.

(June 20, 1936, ch. 638, § 4, formerly § 5, 49 Stat. 1560; 1946 Reorg. Plan No. 2, § 6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered § 4 and amended Pub. L. 93–516, title II, §§ 206, 208(d), Dec. 7, 1974, 88 Stat. 1626, 1629; Pub. L. 93–651, title II, §§ 206, 208(d), Nov. 21, 1974, 89 Stat. 2–11, 2–14.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions of sections 206 and 208(d) thereof which amended and renumbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended and renumbered by Pub. L. 93–651, title II, §§ 206, 208(d), Nov. 21, 1974, 89 Stat. 2–11, 2–14, in exactly the same manner as it was amended and renumbered by Pub. L. 93–516.

Amendments1974—Subsec. (b). Pub. L. 93–516, § 208(d), struck out requirement that at least 50 percent of the additional personnel be blind persons. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Statutory Notes and Related Subsidiaries

Transfer of Functions
For transfer of functions, see note set out under section 107a of this title.

§ 107d–1. Grievances of blind licensees(a) Hearing and arbitrationAny blind licensee who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to a State licensing agency a request for a full evidentiary hearing, which shall be provided by such agency in accordance with section 107b(6) of this title. If such blind licensee is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 107d–2 of this title, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this chapter.

(b) Noncompliance by Federal departments and agencies; complaints by State licensing agencies; arbitrationWhenever any State licensing agency determines that any department, agency, or instrumentality of the United States that has control of the maintenance, operation, and protection of Federal property is failing to comply with the provisions of this chapter or any regulations issued thereunder (including a limitation on the placement or operation of a vending facility as described in section 107(b) of this title and the Secretary’s determination thereon) such licensing agency may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 107d–2 of this title, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this chapter.

(June 20, 1936, ch. 638, § 5, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1626; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior ProvisionsA prior section 5 of act of June 20, 1936, which was classified to section 107d of this title, was renumbered section 4 by Pub. L. 93–516, § 206.

§ 107d–2. Arbitration(a) Notice and hearingUpon receipt of a complaint filed under section 107d–1 of this title, the Secretary shall convene an ad hoc arbitration panel as provided in subsection (b). Such panel shall, in accordance with the provisions of subchapter II of chapter 5 of title 5, give notice, conduct a hearing, and render its decision which shall be subject to appeal and review as a final agency action for purposes of chapter 7 of such title 5.

(b) Composition of panel; designation of chairman; termination of violations(1) The arbitration panel convened by the Secretary to hear grievances of blind licensees shall be composed of three members appointed as follows:(A) one individual designated by the State licensing agency;

(B) one individual designated by the blind licensee; and

(C) one individual, not employed by the State licensing agency or, where appropriate, its parent agency, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).

If any party fails to designate a member under subparagraph (1)(A), (B), or (C), the Secretary shall designate such member on behalf of such party.

(2) The arbitration panel convened by the Secretary to hear complaints filed by a State licensing agency shall be composed of three members appointed as follows:(A) one individual, designated by the State licensing agency;

(B) one individual, designated by the head of the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose; and

(C) one individual, not employed by the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).

If any party fails to designate a member under subparagraph (2)(A), (B), or (C), the Secretary shall designate such member on behalf of such party. If the panel appointed pursuant to paragraph (2) finds that the acts or practices of any such department, agency, or instrumentality are in violation of this chapter, or any regulation issued thereunder, the head of any such department, agency, or instrumentality shall cause such acts or practices to be terminated promptly and shall take such other action as may be necessary to carry out the decision of the panel.

(c) Publication of decisions in Federal RegisterThe decisions of a panel convened by the Secretary pursuant to this section shall be matters of public record and shall be published in the Federal Register.

(d) Payment of costs by the SecretaryThe Secretary shall pay all reasonable costs of arbitration under this section in accordance with a schedule of fees and expenses he shall publish in the Federal Register.

(June 20, 1936, ch. 638, § 6, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1626; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior ProvisionsA prior section 6 of act June 20, 1936, which was classified to section 107e of this title, was renumbered section 9 by Pub. L. 93–516, § 206.

§ 107d–3. Vending machine income(a) Accrual to blind licensee and alternatively to State agency; ceiling on amount for individual licenseeIn accordance with the provisions of subsection (b) of this section, vending machine income obtained from the operation of vending machines on Federal property shall accrue (1) to the blind licensee operating a vending facility on such property, or (2) in the event there is no blind licensee operating such facility on such property, to the State agency in whose State the Federal property is located, for the uses designated in subsection (c) of this section, except that with respect to income which accrues under clause (1) of this subsection, the Commissioner may prescribe regulations imposing a ceiling on income from such vending machines for an individual blind licensee. In the event such a ceiling is imposed, no blind licensee shall receive less vending machine income under such ceiling than he was receiving on January 1, 1974. No limitation shall be imposed on income from vending machines, combined to create a vending facility, which are maintained, serviced, or operated by a blind licensee. Any amounts received by a blind licensee that are in excess of the amount permitted to accrue to him under any ceiling imposed by the Commissioner shall be disbursed to the appropriate State agency under clause (2) of this subsection and shall be used by such agency in accordance with subsection (c) of this section.

(b) Direct competition between vending machine and vending facility; proportion of accrued income from such vending machines for individual licensee(1) After January 1, 1975, 100 per centum of all vending machine income from vending machines on Federal property which are in direct competition with a blind vending facility shall accrue as specified in subsection (a) of this section. “Direct competition” as used in this section means the existence of any vending machines or facilities operated on the same premises as a blind vending facility except that vending machines or facilities operated in areas serving employees the majority of whom normally do not have direct access to the blind vending facility shall not be considered in direct competition with the blind vending facility. After January 1, 1975, 50 per centum of all vending machine income from vending machines on Federal property which are not in direct competition with a blind vending facility shall accrue as specified in subsection (a) of this section, except that with respect to Federal property at which at least 50 per centum of the total hours worked on the premises occurs during periods other than normal working hours, 30 per centum of such income shall so accrue.

(2) The head of each department, agency, and instrumentality of the United States shall insure compliance with this section with respect to buildings, installations, and facilities under his control, and shall be responsible for collection of, and accounting for, such vending machine income.

(c) Disposal of accrued vending machine income by State licensing agencyAll vending machine income which accrues to a State licensing agency pursuant to subsection (a) of this section shall be used to establish retirement or pension plans, for health insurance contributions, and for provision of paid sick leave and vacation time for blind licensees in such State, subject to a vote of blind licensees as provided under section 107b(3)(E) of this title. Any vending machine income remaining after application of the first sentence of this subsection shall be used for the purposes specified in sections 107b(3)(A), (B), (C), and (D) of this title, and any assessment charged to blind licensees by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

(d) Income from vending machines in certain locations exceptedSubsections (a) and (b)(1) of this section shall not apply to income from vending machines within retail sales outlets under the control of exchange or ships’ stores systems authorized by title 10, or to income from vending machines operated by the Veterans Canteen Service, or to income from vending machines not in direct competition with a blind vending facility at individual locations, installations, or facilities on Federal property the total of which at such individual locations, installations, or facilities does not exceed $3,000 annually.

(e) Regulations establishing priority for operation of cafeteriasThe Secretary, through the Commissioner, shall prescribe regulations to establish a priority for the operation of cafeterias on Federal property by blind licensees when he determines, on an individual basis and after consultation with the head of the appropriate installation, that such operation can be provided at a reasonable cost with food of a high quality comparable to that currently provided to employees, whether by contract or otherwise.

(f) Existing arrangements more favorable to blind licensees unaffectedThis section shall not operate to preclude preexisting or future arrangements, or regulations of departments, agencies, or instrumentalities of the United States, under which blind licensees (1) receive a greater percentage or amount of vending machine income than that specified in subsection (b)(1) of this section, or (2) receive vending machine income from individual locations, installations, or facilities on Federal property the total of which at such individual locations, installations, or facilities does not exceed $3,000 annually.

(g) Regulations for complianceThe Secretary shall take such action and promulgate such regulations as he deems necessary to assure compliance with this section.

(June 20, 1936, ch. 638, § 7, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1627; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–12.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–12, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior ProvisionsA prior section 7 of act June 20, 1936, was classified to section 107e–1 of this title, prior to repeal by Pub. L. 93–516, § 205.

§ 107d–4. Training programs for maximum vocational potential for blind
The Commissioner shall insure, through promulgation of appropriate regulations, that uniform and effective training programs, including on-the-job training, are provided for blind individuals, through services under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.]. He shall further insure that State agencies provide programs for upward mobility (including further education and additional training or retraining for improved work opportunities) for all trainees under this chapter, and that follow-along services are provided to such trainees to assure that their maximum vocational potential is achieved.
(June 20, 1936, ch. 638, § 8, as added Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1628; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–13.)

Editorial Notes

References in TextThe Rehabilitation Act of 1973, referred to in text, is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Codification
The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–13, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior ProvisionsA prior section 8 of act June 20, 1936, which was classified to section 107f of this title, was renumbered section 10 by Pub. L. 93–516, § 206.

§ 107e. Definitions
As used in this chapter—(1) “blind person” means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select;

(2) “Commissioner” means the Commissioner of the Rehabilitation Services Administration;

(3) “Federal property” means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States;

(4) “Secretary” means the Secretary of Education;

(5) “State” means a State, territory, possession, Puerto Rico, or the District of Columbia;

(6) “United States” includes the several States, territories, and possessions of the United States, Puerto Rico, and the District of Columbia;

(7) “vending facility” means automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment as the Secretary may by regulation prescribe as being necessary for the sale of the articles or services described in section 107a(a)(5) of this title and which may be operated by blind licensees; and

(8) “vending machine income” means receipts (other than those of a blind licensee) from vending machine operations on Federal property, after cost of goods sold (including reasonable service and maintenance costs), where the machines are operated, serviced, or maintained by, or with the approval of, a department, agency, or instrumentality of the United States, or commissions paid (other than to a blind licensee) by a commercial vending concern which operates, services, and maintains vending machines on Federal property for, or with the approval of, a department, agency, or instrumentality of the United States.

(June 20, 1936, ch. 638, § 9, formerly § 6, 49 Stat. 1560; Aug. 3, 1954, ch. 655, § 4(f), 68 Stat. 664; renumbered § 9 and amended Pub. L. 93–516, title II, §§ 206, 207, Dec. 7, 1974, 88 Stat. 1626, 1628; Pub. L. 93–651, title II, §§ 206, 207, Nov. 21, 1974, 89 Stat. 2–11, 2–13; Pub. L. 96–88, title III, § 301(a)(4)(B), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions of sections 206 and 207 thereof which amended and renumbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended and renumbered by Pub. L. 93–651, title II, §§ 206, 207, Nov. 21, 1974, 89 Stat. 2–11, 2–13, in exactly the same manner as it was amended and renumbered by Pub. L. 93–516.

Amendments1974—Pub. L. 93–516, § 207, replaced letter designations with number designations, inserted definitions of “Commissioner”, “vending facility”, and “vending machine income”, and in definition of “blind person” substituted provisions that such person meant a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees, and that in determining whether a person is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select, for provisions that such person meant a person having not more than 10 per centum visual acuity in the better eye with correction and that such blindness shall be certified by a duly licensed ophthalmologist, in definition of “United States” inserted reference to Puerto Rico, in definition of “State” inserted reference to Puerto Rico, and in definition of “Federal property” inserted reference to Department of Defense and United States Postal Service. An identical amendment was made by Pub. L. 93–651. See Codification note above.
1954—Subsecs. (d), (e). Act Aug. 3, 1954, added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries
Effective Date of 1954 AmendmentAmendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor.

Transfer of Functions
“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in par. (4) pursuant to sections 301(a)(4)(B) and 507 of Pub. L. 96–88 which are classified to sections 3441(a)(4)(B) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.
For transfer of functions and offices of Secretary and Department of Health, Education, and Welfare, including Rehabilitation Services Administration and Commissioner thereof, to Secretary and Department of Education, and for delegation of certain functions of Secretary of Education under this chapter to Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of this title.

§ 107e–1. Repealed. Pub. L. 93–516, title II, § 205, Dec. 7, 1974, 88 Stat. 1626

Section, act June 20, 1936, ch. 638, § 7, as added Aug. 3, 1954, ch. 655, § 4(g), 68 Stat. 664, related to designation and status of states acting as licensing agents before July 1, 1954.

The content of Pub. L. 93–516, including provisions of section 205 thereof which repealed this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been repealed by Pub. L. 93–651, title II, § 205, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was repealed by Pub. L. 93–516.

§ 107f. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary for carrying out the provisions of this chapter.
(June 20, 1936, ch. 638, § 10, formerly § 7, 49 Stat. 1560; renumbered § 8, Aug. 3, 1954, ch. 655, § 4(g), 68 Stat. 664; renumbered § 10, Pub. L. 93–516, title II, § 206, Dec. 7, 1974, 88 Stat. 1626; Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11.)

Editorial Notes
Codification
The content of Pub. L. 93–516, including provisions of section 206 thereof which renumbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.
Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been renumbered by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was amended by Pub. L. 93–516, title II, § 206, Nov. 21, 1974, 88 Stat. 1626.

CHAPTER 7—INSTRUCTION AS TO NATURE AND EFFECT OF ALCOHOLIC DRINKS AND NARCOTICS

Sec.

111.Study in certain schools of effect of alcoholic drinks and narcotics.

112.Enforcement of section 111.

113.Teachers’ certificates dependent on passing examination on effect of alcoholic drinks and narcotics.

§ 111. Study in certain schools of effect of alcoholic drinks and narcotics
The nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of textbooks in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States.
(May 20, 1886, ch. 362, § 1, 24 Stat. 69.)

§ 112. Enforcement of section 111
It shall be the duty of the proper officers in control of any school described in section 111 of this title to enforce the provisions of this chapter; and any such officer, school director, committee, superintendent, or teacher who shall refuse or neglect to comply with the requirements of this chapter, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by section 111 of this title, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases.
(May 20, 1886, ch. 362, § 2, 24 Stat. 69.)

§ 113. Teachers’ certificates dependent on passing examination on effect of alcoholic drinks and narcotics
No certificate shall be granted to any person to teach in the public schools of the District of Columbia or Territories who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and the effects of alcoholic drinks and other narcotics upon the human system.
(May 20, 1886, ch. 362, § 3, 24 Stat. 69.)

CHAPTER 8—HOWARD UNIVERSITY

SUBCHAPTER I—GENERAL PROVISIONS

Sec.

121.Annual report of president and directors.

122.Limitation on use of appropriations.

123.Annual appropriations; inspection by Secretary of Education.

124.Transfer of Freedmen’s Hospital to Howard University.

125.Employees of hospital.

126.Authorization of appropriations for construction of hospital facilities.

127.Transfer of facilities by University or cessation of operation as teaching hospital facilities; recovery of value by United States.

128.Authorization of appropriations for partial support of operation of facilities; separate account.

129.Financial policy; report to Congress.

130.Purchases through the General Services Administration.

130a.Financial and program audit by Secretary.

SUBCHAPTER II—ENDOWMENT

130aa.Definitions.

130aa–1.Program authorized.

130aa–2.Investments.

130aa–3.Withdrawals and expenditures.

130aa–4.Enforcement.

130aa–5.Authorization of appropriations.

SUBCHAPTER I—GENERAL PROVISIONS
§ 121. Annual report of president and directors
The president and directors of Howard University shall report to the Secretary of Education the condition of the institution on the 1st of July of each year, embracing therein the number of pupils received and discharged or leaving the same for any cause during the preceding year, and the number remaining; also, the branches of knowledge and industry taught and the progress made therein together with a statement showing the receipts of the institution and from what sources, and its disbursements, and for what objects.
(July 1, 1898, ch. 546, § 1, 30 Stat. 624; 1940 Reorg. Plan No. IV, § 11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

Statutory Notes and Related Subsidiaries

Transfer of Functions
“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this subchapter to Secretary of Education.

Similar ProvisionsA similar requirement of a report of the expenditures of the University accompanied the appropriation for the same purposes in the following prior acts:
Mar. 3, 1893, ch. 208, 27 Stat. 595.
Aug. 5, 1892, ch. 380, 27 Stat. 372.
Mar. 3, 1891, ch. 542, 26 Stat. 973.

Executive Documents

Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Functions of Department of the Interior relating to administration of Howard University transferred to Federal Security Agency to be administered under direction and supervision of Federal Security Administrator, and annual report required to be furnished to Secretary of the Interior by President and directors of said University was directed to be furnished to Federal Security Administrator, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5.

§ 122. Limitation on use of appropriations
No part of the appropriations made by Congress for the Howard University shall be used, directly or indirectly, for the support of the theological department of said university, nor for the support of any sectarian, denominational, or religious instruction therein; and no part thereof shall be paid to said university until it shall accord to the Secretary of Education, or to his designated agent or agents, authority to visit and inspect such university and to control and supervise the expenditure therein of all moneys paid under said appropriations.
(Mar. 3, 1899, ch. 424, 30 Stat. 1101; 1940 Reorg. Plan No. IV, § 11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

Editorial Notes
Prior ProvisionsSimilar prior provisions were contained in act July 1, 1898, ch. 546, 30 Stat. 624.

Statutory Notes and Related Subsidiaries

Transfer of Functions
“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this subchapter to Secretary of Education.

Executive Documents

Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Functions of Department of the Interior relating to administration of Howard University transferred to Federal Security Agency to be administered under direction and supervision of Federal Security Administrator by Reorg. Plan No. IV of 1940, set out as a note in the Appendix to Title 5.

§ 123. Annual appropriations; inspection by Secretary of Education
Annual appropriations are authorized to aid in the construction, development, improvement, endowment, and maintenance of the university, no part of which shall be used for religious instruction. The university shall at all times be open to inspection by the Secretary of Education and shall be inspected by the said Secretary at least once each year.
(Mar. 2, 1867, ch. 162, § 8, 14 Stat. 439; Dec. 13, 1928, ch. 26, 45 Stat. 1021; 1940 Reorg. Plan No. IV, § 11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; Aug. 7, 1946, ch. 770, § 1(60), 60 Stat. 871; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L. 98–480, title II, § 208, Oct. 17, 1984, 98 Stat. 2247.)

Editorial Notes
Amendments1984—Pub. L. 98–480 inserted “endowment,” after “improvement,”.
1946—Act Aug. 7, 1946, repealed third sentence which required that an annual report of the affairs of the university be presented to Congress in the report of Office of Education.
1928—Act Dec. 13, 1928, authorized annual appropriations for the university, prohibited use of funds for religious instruction, made the university subject to inspection at least once a year by the Bureau of Education, and substituted provision that the annual report of the university’s affairs be presented to Congress by the Bureau for provision that the Board of Trustees publish such an annual report.

Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–480 effective Oct. 1, 1984, see section 209 of Pub. L. 98–480, set out as an Effective Date note under section 130aa of this title.

Transfer of Functions
“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88 which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this subchapter to Secretary of Education.
Office of Education created and placed in Department of the Interior by the act of July 20, 1868, ch. 176, 15 Stat. 106, which abolished the Department of Education. In the appropriation act of July 12, 1870, ch. 251, 16 Stat. 242, the Office was designated the Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273, 46 Stat. 281, 319, which made appropriations for the “Office of Education.”

Executive Documents

Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Office of Education transferred to Federal Security Agency by Reorg. Plan No. I of 1939, §§ 201, 204, eff. July 1, 1939, set out in the Appendix to Title 5.

Reports ContinuedOffice of Education was directed to continue its inspections of Howard University in accordance with provisions of existing law, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5, Government Organization and Employees.

§ 124. Transfer of Freedmen’s Hospital to Howard University(a) Purpose; authorization; agreementFor the purpose of assisting in the provision of teaching hospital resources for Howard University, thereby assisting the university in the training of medical and allied personnel and in providing hospital services for the community, the Secretary of Health, Education, and Welfare shall, pursuant to agreement with the board of trustees of Howard University, transfer to Howard University, without reimbursement, all right, title, and interest of the United States in certain lands in the District of Columbia, together with the buildings and improvements thereon and the personal property used in connection therewith (as determined by the Secretary), commonly known as Freedmen’s Hospital.

(b) Congressional intentIt is the intent of Congress (1) that the transfer of Freedmen’s Hospital to Howard University be effected as soon as practicable, (2) to assure the well-being of patients at Freedmen’s Hospital during the period of transition, and (3) that the transfer be effected with minimum dislocation of the present hospital staff and maximum consideration of their interests as employees.

(c) Report to CongressThe Secretary of Health, Education, and Welfare shall report to the Congress the terms of the agreement for such transfer.

(Pub. L. 87–262, § 1, Sept. 21, 1961, 75 Stat. 542.)

Statutory Notes and Related Subsidiaries

Transfer of Functions
Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

Repeal of Laws Applicable to Freedmen’s HospitalPub. L. 87–262, § 7, Sept. 21, 1961, 75 Stat. 544, provided that: “All laws heretofore applicable specifically to Freedmen’s Hospital are, to the extent of such applicability, repealed, effective with the transfer of Freedmen’s Hospital pursuant to section 1 [this section].”

Transfer of FundsPub. L. 87–262, § 8, Sept. 21, 1961, 75 Stat. 544, provided that: “All unexpended balances of appropriations, allocations, and other funds, available or to be made available, of Freedmen’s Hospital are, effective with the transfer of Freedmen’s Hospital pursuant to section 1 [this section], transferred to Howard University for use in the operation of the Howard University Hospital facilities, except to the extent (determined by the Director of the Bureau of the Budget [Director of the Office of Management and Budget]) required to meet obligations already incurred and not assumed by the university.”

§ 125. Employees of hospital(a) Opportunity to transfer; guarantee of rights and benefitsThe agreement for transfer of Freedmen’s Hospital referred to in section 124 of this title shall include provisions to assure that—(1) all individuals who are career or career-conditional employees of the hospital on the day preceding the effective date of the transfer of the hospital, except those in positions with respect to which they have been notified not less than six months prior to the effective date of such transfer that their positions are to be abolished, will be offered an opportunity to transfer to Howard University;

(2) Howard University—(A) will not reduce the salary levels for such employees who transfer,

(B) will deposit currently (i) in the civil service retirement and disability fund referred to in section 8348 of title 5, the employee deductions and agency contributions required by subchapter III of chapter 83 of title 5, and (ii) in the fund referred to in section 8714 of title 5, the employee deductions and agency contributions required by chapter 87 of title 5.

(C) will provide other benefits for such employees as nearly equivalent as may be practicable to those generally applicable, on the effective date of the transfer of the hospital, to civilian employees of the United States, and

(D) in determining the seniority rights of its employees, Howard University will credit service with Freedmen’s Hospital performed by such employees who transfer, on the same basis as it would credit such service had it been performed for such University;

(3) the transfer will become effective not later than the beginning of the second month which begins after construction of the new hospital facilities authorized by section 126 of this title is commenced.

(b) Placement of employees in comparable Federal positionsThe Department of Health, Education, and Welfare shall make every reasonable effort to place in other comparable Federal positions all individuals who are career or career-conditional employees of Freedmen’s Hospital on September 21, 1961 and who do not transfer to Howard University.

(c) Services performed in the employ of United StatesEach individual who is an employee of Freedmen’s Hospital on September 21, 1961 and who transfers to Howard University shall, so long as he is continuously in the employ of Howard University, be regarded as continuing in the employ of the United States for the purposes of subchapter III of chapter 83 of title 5, chapter 87 of title 5. For purposes of section 3121(b) of title 26 and section 410 of title 42, service performed by such individual during the period of his employment at Howard University shall be regarded as though performed in the employ of the United States.

(Pub. L. 87–262, § 2, Sept. 21, 1961, 75 Stat. 542; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

Editorial Notes
Codification
In subsec. (a)(2)(B), “civil service retirement and disability fund referred to in section 8348 of title 5” substituted for “civil service retirement and disability fund required by the Act of May 22, 1920” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Previously, act May 22, 1920, ch. 195, 41 Stat. 614, was superseded by act May 29, 1930, known as the Civil Service Retirement Act of 1930, which was generally amended by act July 31, 1956, ch. 804, § 401, 70 Stat. 743.
In subsecs. (a)(2)(B) and (c), “subchapter III of chapter 83 of title 5” substituted for “the Civil Service Retirement Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.
In subsec. (a)(2)(B), “fund referred to in section 8714 of title 5” substituted for “the fund created by section 5(c) of the Federal Employees’ Group Life Insurance Act of 1954” and, in subsecs. (a)(2)(B) and (c), “chapter 87 of title 5” substituted for “the Federal Employees’ Group Life Insurance Act of 1954”, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

Amendments1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Transfer of Functions
Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

§ 126. Authorization of appropriations for construction of hospital facilities
For the purpose specified in section 124 of this title, there are authorized to be appropriated such sums as may be necessary for the construction of a building or buildings and facilities, including equipment, and for remodeling of existing buildings (including repair and replacement of equipment) which are to be combined with the building or buildings and facilities so constructed, to provide a hospital with a capacity of not to exceed five hundred beds.
(Pub. L. 87–262, § 3, Sept. 21, 1961, 75 Stat. 543.)

§ 127. Transfer of facilities by University or cessation of operation as teaching hospital facilities; recovery of value by United States
If, within twenty years after the completion of construction (as determined by the Secretary of Health, Education, and Welfare) of the new hospital facilities authorized by section 126 of this title, any of such facilities, or of the facilities transferred pursuant to section 124 of this title and combined with such new facilities, are transferred by Howard University to any other person or entity (except a transfer to the United States) or cease to be operated by the university as teaching hospital facilities, the United States shall be entitled to recover from the transferee or the university, in the case of a transfer, or from the university, if there is no transfer, an amount equal to the then value of such facilities (or so much thereof as is involved in the transfer, as the case may be), such value to be determined by agreement of the parties or by action brought in the United States District Court for the District of Columbia.
(Pub. L. 87–262, § 4, Sept. 21, 1961, 75 Stat. 543.)

Statutory Notes and Related Subsidiaries

Transfer of Functions
Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

§ 128. Authorization of appropriations for partial support of operation of facilities; separate account
In order to facilitate operation of teaching hospital facilities at Howard University, there are authorized to be appropriated annually to the university such sums as the Congress may determine, for the partial support of the operation of such facilities giving consideration to the cost imposed by the provisions of section 125 of this title and the portion of the agreement under sections 124 to 129 of this title relating to such provisions. The cost of operating such facilities, the appropriations pursuant to this section, and any other income derived from such operation or available for such purpose shall be identified and accounted for separately in the accounts of the university.
(Pub. L. 87–262, § 5, Sept. 21, 1961, 75 Stat. 543.)

§ 129. Financial policy; report to Congress
It is declared to be the policy of the Congress that, to the extent consistent with good medical teaching practice, the Howard University Hospital facilities shall become progressively more self-supporting. In order to further this policy, the President shall submit to the Congress a report, based on a study of the financing of the operation of the hospital, containing his recommendations on the rate at which, consistent with the above policy, Federal financial participation in such cost of operation shall be reduced. Such report shall be submitted not later than the end of the second calendar year following the year in which the construction of the new hospital facilities, authorized by section 126 of this title, is completed.
(Pub. L. 87–262, § 6, Sept. 21, 1961, 75 Stat. 544.)

§ 130. Purchases through the General Services Administration
On and after September 8, 1978, Howard University is authorized to make purchases through the General Services Administration.
(Pub. L. 95–355, title I, § 100, Sept. 8, 1978, 92 Stat. 531.)

Editorial Notes
Codification
Section is from the Second Supplemental Appropriations Act, 1978, and contained additional provisions relating to purchases by the American Printing House for the Blind, Gallaudet University, and the National Technical Institute for the Deaf, which are set out in sections 106 and 4362 of this title.

§ 130a. Financial and program audit by Secretary
Funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts to Howard University shall be subject to financial and program audit by the Secretary of Education and the Secretary may withhold all or any portion of these appropriations if he determines that an institution has not cooperated fully in the conduct of such audits.
(Pub. L. 102–394, title III, § 301, Oct. 6, 1992, 106 Stat. 1819.)

Editorial Notes
Codification
Section is from the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993, and contained additional provisions relating to the American Printing House for the Blind, Gallaudet University, and the National Technical Institute for the Deaf, which are set out as sections 106a and 4363 of this title, respectively.

SUBCHAPTER II—ENDOWMENT
§ 130aa. Definitions
For purposes of this subchapter—(1) the term “endowment fund” means a fund, or a tax exempt foundation, established and maintained by Howard University for the purpose of generating income for its support, but which shall not include real estate;

(2) the term “endowment fund corpus” means an amount equal to the grants awarded under this subchapter plus an amount equal to such grants provided by Howard University;

(3) the term “endowment fund income” means an amount equal to the total value of the endowment fund established under this subchapter minus the endowment fund corpus;

(4) the term “Secretary” means the Secretary of Education; and

(5) the term “University” means the Howard University established by the Act of March 2, 1867.

(Pub. L. 98–480, title II, § 202, Oct. 17, 1984, 98 Stat. 2245.)

Editorial Notes

References in TextAct of March 2, 1867, referred to in par. (5), is act Mar. 2, 1867, ch. 162, 14 Stat. 438, as amended. Section 8 of this Act is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98–480, title II, § 209, Oct. 17, 1984, 98 Stat. 2247, provided that: “This title [see Short Title note below] shall take effect on October 1, 1984.”

Short TitlePub. L. 98–480, title II, § 201, Oct. 17, 1984, 98 Stat. 2245, provided that: “This title [enacting this subchapter, amending section 123 of this title, and enacting provisions set out as a note above] may be cited as the ‘Howard University Endowment Act’.”

§ 130aa–1. Program authorized(a) The Secretary is authorized to establish an endowment program, in accordance with the provisions of this subchapter, for the purpose of establishing or increasing endowment funds, providing additional incentives to promote fundraising activities, and encouraging independence and self-sufficiency at the University.

(b)(1) From the funds appropriated pursuant to this subchapter for endowments in any fiscal year for the University, the Secretary is authorized to make grants to Howard University. The Secretary may enter into agreements with the University and include in any agreement made pursuant to this subchapter such provisions deemed necessary by the Secretary to assure that the purposes of this subchapter will be achieved.

(2) The University may receive a grant under this section only if it has deposited in the endowment fund established under this subchapter an amount equal to such grant and has adequately assured the Secretary that it will administer the endowment fund in accordance with the requirements of this subchapter. The source of funds for this institutional match shall not include Federal funds or funds derived from an existing endowment fund.

(3) The period of any grant under this section shall not exceed twenty years, and during such period the University shall not withdraw or expend any of its endowment fund corpus. Upon the expiration of any grant period, the University may use the endowment fund corpus plus any endowment fund income for any educational purpose.

(Pub. L. 98–480, title II, § 203, Oct. 17, 1984, 98 Stat. 2245.)

§ 130aa–2. Investments(a) The University shall invest its endowment fund corpus and endowment fund income in those low-risk instruments and securities in which a regulated insurance company may invest under the law of the District of Columbia, such as federally insured bank savings account or comparable interest bearing account, certificate of deposit, money market fund, mutual fund, or obligations of the United States.

(b) The University, in investing its endowment fund corpus and income, shall exercise the judgment and care, under circumstances then prevailing, which a person of prudence, discretion, and intelligence would exercise in the management of his own business affairs.

(Pub. L. 98–480, title II, § 204, Oct. 17, 1984, 98 Stat. 2246.)

§ 130aa–3. Withdrawals and expenditures(a) Defrayment of expenses; restrictions on use of income or corpus; limits on withdrawals or expendituresThe University may withdraw and expend its endowment fund income to defray any expenses necessary to its operation, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research. No endowment fund income or corpus may be used for any type of support of the executive officers of the University or for any commercial enterprise or endeavor entered into after January 1, 1981. Except as provided in subsection (b), the University shall not, in the aggregate, withdraw or expend more than 50 per centum of the total aggregate endowment fund income earned prior to the time of withdrawal or expenditure.

(b) Authority of Secretary; withdrawal or expenditure beyond limits; circumstances demonstrating necessityThe Secretary is authorized to permit the University to withdraw or expend more than 50 per centum of its total aggregate endowment income whenever the University demonstrates such withdrawal or expenditure is necessary because of—(A) a financial emergency, such as a pending insolvency or temporary liquidity problem;

(B) a life-threatening situation occasioned by a natural disaster or arson; or

(C) another unusual occurrence or exigent circumstance.

(c) Repayment of Federal share of amounts improperly expended or withdrawn; endowment fund corpus; income(1) If the University withdraws or expends more than the endowment fund income authorized by this section, the University shall repay the Secretary an amount equal to 50 per centum of the amount improperly expended (representing the Federal share thereof).

(2) The University shall not withdraw or expend any endowment fund corpus. If the University withdraws or expends any endowment fund corpus, the University shall repay the Secretary an amount equal to 50 per centum of the amount withdrawn or expended (representing the Federal share thereof) plus any income earned thereon.

(Pub. L. 98–480, title II, § 205, Oct. 17, 1984, 98 Stat. 2246.)

§ 130aa–4. Enforcement(a) After notice and an opportunity for a hearing, the Secretary is authorized to terminate and recover any grant awarded under this subchapter if the University—(1) withdraws or expends any endowment fund corpus, or any endowment fund income in excess of the amount authorized by section 130aa–3 of this title;

(2) fails to invest its endowment fund corpus or income in accordance with the investment standards set forth in section 130aa–2 of this title; or

(3) fails to account properly to the Secretary concerning investments and expenditures of its endowment fund corpus or income.

(b) If the Secretary terminates a grant under subsection (a), the University shall return to the Treasury of the United States an amount equal to the sum of the original grant or grants under this subchapter 11 See Codification note below. plus any income earned thereon. The Secretary may direct the University to take such other appropriate measures to remedy any violation of this subchapter and to protect the financial interest of the United States.

(Pub. L. 98–480, title II, § 206, Oct. 17, 1984, 98 Stat. 2247.)

Editorial Notes
Codification
This subchapter, the first time it appears in subsec. (b), was in the original “this Act” which was translated as reading “this title”, meaning title II of Pub. L. 98–480, Oct. 17, 1984, 98 Stat. 2236, as the probable intent of Congress.

§ 130aa–5. Authorization of appropriations
There is authorized to be appropriated $2,000,000 for the purposes authorized under section 130aa–1 of this title. Funds appropriated under this section shall remain available until expended.
(Pub. L. 98–480, title II, § 207, Oct. 17, 1984, 98 Stat. 2247.)

CHAPTER 9—NATIONAL TRAINING SCHOOL FOR BOYS
§§ 131 to 152. Omitted
Editorial Notes
Codification
Sections provided for the National Training School for Boys which was governed and managed by a Board of Trustees until July 1, 1939, at which time 1939 Reorg. Plan No. 2 (4 F.R. 2731, 53 Stat. 1431) abolished the Board of Trustees and transferred the School and its functions (including the functions of the Board of Trustees) to the Department of Justice, to be administered by the Director of the Bureau of Prisons, under the direction and supervision of the Attorney General. The School was so operated until May 15, 1968, when it was closed pursuant to order of the Attorney General.
Section 131, act May 27, 1908, ch. 200, § 1, 35 Stat. 380, provided that District reform school for boys should be known as National Training School for Boys.
Section 132, acts May 3, 1876, ch. 90, § 1, 19 Stat. 49; May 27, 1908, ch. 200, § 1, 35 Stat. 380, dealt with appointment of a board of trustees to govern and manage the school.
Section 133, act June 4, 1880, ch. 121, § 1, 21 Stat. 156, provided that one of the District commissioners should be a trustee of the school.
Section 134, act May 3, 1876, ch. 90, § 16, 19 Stat. 52, provided for appointment of two consulting trustees of the school.
Section 135, acts May 3, 1876, ch. 90, § 2, 19 Stat. 49; May 27, 1908, ch. 200, § 1, 35 Stat. 380, dealt with corporate capacity and powers of the board of trustees.
Section 136, acts May 3, 1876, ch. 90, § 15, 19 Stat. 52; June 5, 1900, ch. 715, 31 Stat. 267, authorized board of trustees to make by-laws, rules, and regulations.
Section 137, act May 3, 1876, ch. 90, § 14, 19 Stat. 51, dealt with contracts and purchases, the executive officer, and annual reports.
Section 138, act May 3, 1876, ch. 90, § 3, 19 Stat. 49, dealt with appointment and compensation of a superintendent and other employees of the school.
Section 139, acts May 3, 1876, ch. 90, § 4, 19 Stat. 49; June 10, 1921, ch. 18, § 304, 42 Stat. 24, dealt with appointment, bonding, and duties of a treasurer of the school.
Section 140, act May 3, 1876, ch. 90, § 5, 19 Stat. 50, dealt with bonding of the superintendent.
Section 141, act May 3, 1876, ch. 90, § 6, 19 Stat. 50, dealt with powers and duties of the superintendent and subordinate employees.
Section 142, act May 3, 1876, ch. 90, § 7, 19 Stat. 50, provided that superintendent be in charge of lands and other property of the school, books of accounts, register of boys, and examination of school and accounts.
Section 143, act Mar. 3, 1881, ch. 134, § 1, 21 Stat. 459, dealt with a report of school officers to District commissioners.
Section 144, acts Aug. 6, 1890, ch. 724, § 1, 26 Stat. 307; Mar. 3, 1905, ch. 1483, 33 Stat. 1211, dealt with disposition of proceeds of the school farm and shops.
Section 145, acts May 3, 1876, ch. 90, § 8, 19 Stat. 50; June 5, 1900, ch. 715, 31 Stat. 266, dealt with commitment of boys under age 17 to the school.
Section 146, acts May 3, 1876, ch. 90, § 9, 19 Stat. 51; June 5, 1900, ch. 715, 31 Stat. 267, related to period of detention.
Section 147, act May 3, 1876, ch. 90, § 10, 19 Stat. 51, limited number of boys at the school to number that can be properly accommodated.
Section 148, act May 3, 1876, ch. 90, § 11, 19 Stat. 51, dealt with penalties for enticing boy from school or harboring escaped boy, and for arrest and return of escapees.
Section 149, act May 3, 1876, ch. 90, § 12, 19 Stat. 51, dealt with employment and instruction of boys, apprenticing, and indentures of apprenticeship.
Section 150, act Feb. 26, 1909, ch. 217, § 1, 35 Stat. 657, dealt with release on parole of juvenile offenders committed to the school.
Section 151, act Feb. 26, 1909, ch. 217, § 2, 35 Stat. 657, authorized board of trustees to parole boys, subject to approval of Attorney General in certain cases.
Section 152, acts May 3, 1876, ch. 90, § 13, 19 Stat. 51; Aug. 1, 1914, ch. 223, § 1, 38 Stat. 657; Mar. 28, 1918, ch. 28, § 1, 40 Stat. 494, dealt with District support of boys committed, accounts, payment, and rates.

CHAPTER 10—NATIONAL TRAINING SCHOOL FOR GIRLS
§§ 161 to 174. Omitted
Editorial Notes
Codification
Sections provided for the National Training School for Girls. Act Aug. 3, 1951, ch. 291, § 1, 65 Stat. 154, provided that no new commitments to the National Training School for Girls should be made after Aug. 3, 1951. Act July 31, 1953, ch. 299, § 1, 67 Stat. 286, redesignated the National Training School for Girls as the Industrial Home School for Colored Girls and authorized construction of a new Industrial Home School for Colored Children near Laurel, Maryland. Act July 1, 1954, ch. 449, § 1, 68 Stat. 385, provided that the Industrial Home School for Colored Girls shall be combined with and become a part of the Industrial Home School for Colored Children. Act Sept. 4, 1957, Pub. L. 85–285, § 1, 71 Stat. 610, provided in part for the disposition of the land of the United States reserved for a site for the National Training School for Girls by the Act of July 14, 1892 (27 Stat. 165), as amended.
Section 161, act June 26, 1912, ch. 182, § 1, 37 Stat. 171, provided that District reform school for girls should be known as National Training School for Girls.
Section 162, acts July 9, 1888, §§ 1, 7, 25 Stat. 245, 246; June 26, 1912, ch. 182, § 1, 37 Stat. 171; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, dealt with incorporation.
Section 163, acts July 9, 1888, ch. 595, § 2, 25 Stat. 245; June 26, 1912, ch. 182, § 1, 37 Stat. 171; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, provided authority to establish and maintain a training school for girls within District of Columbia.
Section 164, acts July 9, 1888, ch. 595, § 3, 25 Stat. 246; May 27, 1908, ch. 200, § 1, 35 Stat. 380; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, provided same power and authority as board of trustees of National Training School for Boys had in relation to boys.
Section 165, acts May 3, 1876, ch. 90, § 15, 19 Stat. 52; July 9, 1888, ch. 595, § 5, 25 Stat. 246; Feb. 25, 1901, ch. 478, 31 Stat. 810; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, authorized making of by-laws, rules, and regulations.
Section 166, acts July 9, 1888, ch. 595, § 4, 25 Stat. 246; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, dealt with appointment and compensation of officers and employees.
Section 167, acts Feb. 28, 1923, ch. 148, § 1, 42 Stat. 1358; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, dealt with control over inmates.
Section 168, acts July 9, 1888, ch. 595, § 6, 25 Stat. 246; June 26, 1912, ch. 182, § 1, 37 Stat. 171, dealt with applicability of laws relating to National Training School for Boys to school for girls.
Section 169, acts May 3, 1876, ch. 90, § 8, 19 Stat. 50; July 9, 1888, ch. 595, § 6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat. 809; Mar. 19, 1906, ch. 960, § 8, 34 Stat. 73; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208; Aug. 3, 1951, ch. 291, § 3, 65 Stat. 154, related to commitment of girls under 17 years of age.
Section 170, acts May 3, 1876, ch. 90, § 9, 19 Stat. 51; July 9, 1888, ch. 595, § 6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat. 810; June 26, 1912, ch. 182, § 1, 37 Stat. 171, related to period of detention.
Section 171, act Apr. 15, 1910, ch. 164, § 1, 36 Stat. 300, dealt with release on parole of juvenile offenders committed to the school.
Section 172, acts Apr. 15, 1910, ch. 164, § 2, 36 Stat. 300; Mar. 16, 1926, ch. 58, § 1, 44 Stat. 208, authorized parole of girls, subject to approval of the Attorney General in certain cases.
Section 173, act June 5, 1920, ch. 234, § 1, 41 Stat. 865, dealt with disbursement of appropriations for the school.
Section 174, act July 9, 1888, ch. 595, § 8, 25 Stat. 246, reserved to Congress the right to alter, amend, or repeal this chapter.

CHAPTER 11—NATIONAL ARBORETUM

Sec.

191.Establishment; site; acquisition of land.

192.Omitted.

193.Administration of arboretum.

194.Advisory council.

195.Gifts, bequests, or devises for benefit of National Arboretum; separate fund in the Treasury.

196.Concessions, fees, and voluntary services.

197.Construction of Chinese Garden at the National Arboretum.

§ 191. Establishment; site; acquisition of land
The Secretary of Agriculture is authorized and directed to establish and maintain a national arboretum for purposes of research and education concerning tree and plant life. For the purposes of this chapter, (1) the President is authorized to transfer to the jurisdiction of the Secretary of Agriculture by Executive order any land which now belongs to the United States within or adjacent to the District of Columbia located along the Anacostia River north of Benning Bridge, and (2) the Secretary of Agriculture is authorized in his discretion to acquire, within the limits of the appropriation authorized by this chapter by private purchase, condemnation proceedings, or gift, land so located or other land within or adjacent to the District of Columbia: Provided, That the purchase price of any part of said land shall not exceed the full value assessment of such property last made before purchase thereof plus 25 per centum of such assessed value.
(Mar. 4, 1927, ch. 505, § 1, 44 Stat. 1422.)

Statutory Notes and Related Subsidiaries
Facilities To House Bonsai CollectionsPub. L. 103–111, title I, Oct. 21, 1993, 107 Stat. 1051, provided in part: “That hereafter, facilities to house bonsai collections at the National Arboretum may be constructed with funds accepted under the provisions of Public Law 94–129 (20 U.S.C. 195) and the limitation on construction contained in the Act of August 24, 1912 (40 U.S.C. 68) [now 40 U.S.C. 8106] shall not apply to the construction of such facilities”.

Similar provisions were contained in the following prior appropriations acts:
Pub. L. 102–341, title I, Aug. 14, 1992, 106 Stat. 878.
Pub. L. 102–142, title I, Oct. 28, 1991, 105 Stat. 883.
Pub. L. 101–506, title I, Nov. 5, 1990, 104 Stat. 1320.
Pub. L. 101–161, title I, Nov. 21, 1989, 103 Stat. 956.
Pub. L. 100–460, title I, Oct. 1, 1988, 102 Stat. 2234.
Pub. L. 100–202, § 101(k) [title I], Dec. 22, 1987, 101 Stat. 1329–322, 1329–327.
Pub. L. 99–500, § 101(a) [title I], Oct. 18, 1986, 100 Stat. 1783, 1783–5, and Pub. L. 99–591, § 101(a) [title I], Oct. 30, 1986, 100 Stat. 3341, 3341–5.

Executive Documents

Transfer of Functions
Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

Delegation of Functions
Authority of President under this section to transfer to jurisdiction of Secretary of Agriculture for purposes of this chapter any land belonging to United States within or adjacent to District of Columbia located along Anacostia River north of Benning Bridge delegated to Administrator of General Services, see section 1(18) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

§ 192. Omitted
Editorial Notes
Codification
Section, act Mar. 4, 1927, ch. 505, § 2, 44 Stat. 1422, authorized appropriation of $300,000 to be expended for acquisition of land specified in section 191 of this title.

§ 193. Administration of arboretum
In order to stimulate research and discovery the national arboretum established by the Secretary of Agriculture in accordance with the provisions of this chapter shall be under competent scientific direction. The arboretum shall be administered by the Secretary of Agriculture separately from the agricultural, horticultural, and forestry stations of the Department of Agriculture, but it shall be so correlated with them as to bring about the most effective utilization of its facilities and discoveries.
(Mar. 4, 1927, ch. 505, § 3, 44 Stat. 1422.)

§ 194. Advisory council
The Secretary of Agriculture is authorized to create an advisory council in relation to the plan and development of the national arboretum to be established under this chapter, to include representatives of national organizations interested in the work of the arboretum.
(Mar. 4, 1927, ch. 505, § 4, 44 Stat. 1422.)

Statutory Notes and Related Subsidiaries
Termination of Advisory CouncilsAdvisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 195. Gifts, bequests, or devises for benefit of National Arboretum; separate fund in the Treasury
Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to solicit, accept, receive, hold, utilize, and administer on behalf of the United States gifts, bequests, or devises of real and personal property made for the benefit of the National Arboretum or for the carrying out of any of its functions. For the purposes of the Federal income, estate, and gift tax laws, property accepted under the authority of this section shall be considered as a gift, bequest, or devise to the United States. Any gift of money accepted pursuant to the authority granted in this section, or the net proceeds from the liquidation of any property so accepted, or the proceeds of any insurance on any gift property not used for its restoration shall be deposited in the Treasury of the United States for credit to a separate fund and shall be disbursed upon order of the Secretary of Agriculture.
(Mar. 4, 1927, ch. 505, § 5, as added Pub. L. 94–129, Nov. 13, 1975, 89 Stat. 683; amended Pub. L. 104–127, title VIII, § 890(a), Apr. 4, 1996, 110 Stat. 1181.)

Editorial Notes
Amendments1996—Pub. L. 104–127 inserted “solicit,” after “authorized to” in first sentence.

§ 196. Concessions, fees, and voluntary services(a) In generalNotwithstanding chapters 1 to 11 and section 1302 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Agriculture, in furtherance of the mission of the National Arboretum, may—(1) negotiate concessions and agreements for the National Arboretum with nonprofit scientific or educational organizations, the interests of which are complementary to the mission of the National Arboretum, or nonprofit organizations that support the purpose of the National Arboretum, except that the net proceeds of the organizations from the concessions or agreements, as applicable, shall be used exclusively for—(A) the research and educational work for the benefit of the National Arboretum; and

(B) the operation and maintenance of the facilities of the National Arboretum, including enhancements, upgrades, restoration, and conservation;

(2) provide by concession, on such terms as the Secretary of Agriculture considers appropriate and necessary, for commercial services for food, drink, and nursery sales, if an agreement for a permanent concession under this paragraph is negotiated with a qualified person submitting a proposal after due consideration of all proposals received after the Secretary of Agriculture provides reasonable public notice of the intent of the Secretary to enter into such an agreement;

(3) dispose of excess property, including excess plants and fish, in a manner designed to maximize revenue from any sale of the property, including by way of public auction, except that this paragraph shall not apply to the free dissemination of new varieties of seeds and germ plasm in accordance with section 2201 of title 7;

(4) charge such fees as the Secretary of Agriculture considers reasonable for temporary use by individuals or groups of National Arboretum facilities and grounds for any purpose consistent with the mission of the National Arboretum;

(5) charge such fees as the Secretary of Agriculture considers reasonable for the use of the National Arboretum for commercial photography or cinematography;

(6) publish, in print and electronically and without regard to laws relating to printing by the Federal Government, informational brochures, books, and other publications concerning the National Arboretum or the collections of the Arboretum; and

(7) license use of the National Arboretum name and logo for public service or commercial uses.

(b) Use of fundsAny funds received or collected by the Secretary of Agriculture as a result of activities described in subsection (a) shall be retained in a special fund in the Treasury. Amounts in the special fund shall be available to the Secretary of Agriculture, without further appropriation, for the use and benefit of the National Arboretum as the Secretary of Agriculture considers appropriate.

(c) Acceptance of voluntary servicesThe Secretary of Agriculture may accept the voluntary services of organizations described in subsection (a)(1), and the voluntary services of individuals (including employees of the National Arboretum), for the benefit of the National Arboretum.

(d) Recognition of donorsA nonprofit organization that entered into a concession or agreement under subsection (a)(1) may recognize donors if that recognition is approved in advance by the Secretary of Agriculture. In considering whether to approve such recognition, the Secretary shall broadly exercise the discretion of the Secretary to the fullest extent allowed under Federal law.

(Mar. 4, 1927, ch. 505, § 6, as added Pub. L. 104–127, title VIII, § 890(b), Apr. 4, 1996, 110 Stat. 1181; amended Pub. L. 105–185, title VI, § 601(b), June 23, 1998, 112 Stat. 585; Pub. L. 113–79, title VII, § 7602, Feb. 7, 2014, 128 Stat. 911.)

Editorial Notes
Codification
In subsec. (a), “chapters 1 to 11 and section 1302 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments2014—Subsec. (a)(1). Pub. L. 113–79, § 7602(1), added par. (1) and struck out former par. (1) which read as follows: “negotiate agreements granting concessions at the National Arboretum to nonprofit scientific or educational organizations the interests of which are complementary to the mission of the National Arboretum, except that the net proceeds of the organizations from the concessions shall be used exclusively for research and educational work for the benefit of the National Arboretum;”.
Subsec. (d). Pub. L. 113–79, § 7602(2), added subsec. (d).
1998—Subsec. (b). Pub. L. 105–185 substituted “Treasury. Amounts in the special fund shall be available to the Secretary of Agriculture, without further appropriation,” for “Treasury”.

§ 197. Construction of Chinese Garden at the National Arboretum
A Chinese Garden may be constructed at the National Arboretum established under this chapter with—(1) funds accepted under section 195 of this title;

(2) authorities provided to the Secretary of Agriculture under section 196 of this title; and

(3) appropriations provided for this purpose.

(Mar. 4, 1927, ch. 505, § 7, as added Pub. L. 110–234, title VII, § 7415, May 22, 2008, 122 Stat. 1256, and Pub. L. 110–246, § 4(a), title VII, § 7415, June 18, 2008, 122 Stat. 1664, 2017.)

Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

CHAPTER 12—FOREIGN AND EXCHANGE STUDENTS

Sec.

221.Instructions of citizens from American republics; Government maintained professional educational institutions.

221a.Instructions of citizens from American republics; United States Military Academy; restrictions; saving provision.

222 to 224.Repealed.

225.Fund for education of Iranian students in United States.

226.Cooperative public and private sector program for providing scholarships to students from the Caribbean and Central America.

§ 221. Instructions of citizens from American republics; Government maintained professional educational institutions
The President is authorized, in his discretion and under such regulations as he may prescribe by Executive order, to permit citizens of the American republics to receive instruction, with or without charge therefor, at professional educational institutions and schools maintained and administered by the Government of the United States or by departments or agencies thereof: Provided, That such citizens shall agree to comply with all regulations for the government of the institutions and schools at which they may be under instruction and to exert every effort to accomplish successfully the courses of instruction prescribed: And provided further, That the regulations prescribed by the President under the authority of this section shall contain provisions limiting the admission of citizens of the American republics to primary schools maintained and administered by the Government of the United States so that there will under no circumstances be any curtailment of the admission of citizens of the United States eligible to receive instruction therein.
(June 24, 1938, ch. 644, 52 Stat. 1034; July 14, 1941, ch. 292, 55 Stat. 589; June 26, 1946, ch. 493, § 1, 60 Stat. 311.)

Editorial Notes
Codification
Section originally provided that “not more than one citizen of any American republic shall receive instruction at the same time in the United States Military Academy and not more than one in the United States Naval Academy.” This phrase has been omitted in view of acts July 14, 1941, and June 26, 1946.

§ 221a. Instructions of citizens from American republics; United States Military Academy; restrictions; saving provision
After June 26, 1946, no person shall have authority to permit citizens of the American Republics to receive instruction at the United States Military Academy under the provisions of section 221 of this title. Any person who is receiving instruction at the United States Military Academy on June 26, 1946, under authority of section 221 of this title, may, in the discretion of the President, be permitted to continue to receive such instruction and, if so permitted, shall thereafter be deemed to be receiving instruction under the provisions of section 347 of title 10.
(June 26, 1946, ch. 493, § 2, 60 Stat. 312.)

Editorial Notes
Codification
Words “section 347 of title 10” substituted in text for “sections 4344 and 9344 of title 10” in view of repeal of sections 4344 and 9344 of title 10 by Pub. L. 114–328, div. A, title XII, § 1248(b)(1), Dec. 23, 2016, 130 Stat. 2525 and enactment of section 347 of title 10 by Pub. L. 114–328, div. A, title XII, § 1248(a), Dec. 23, 2016, 130 Stat. 2522. Words “sections 4344 and 9344 of title 10” substituted in text for “section 1 of this Act”, meaning section 1 of act June 27, 1946, ch. 493, 60 Stat. 311, on authority of act Aug. 10, 1956, § 49(b), ch. 1041, 70A Stat. 640, the first section of which enacted Title 10, Armed Forces.

§§ 222 to 224. Repealed. Pub. L. 87–256, § 111(a)(4), Sept. 21, 1961, 75 Stat. 538

Sections, act Aug. 24, 1949, ch. 505, §§ 1–3, 63 Stat. 630, authorized the creation of a special deposit account for sums due or paid by the Republic of Finland to the United States as interest on or in retirement of the principal of the debt incurred under the act of Feb. 25, 1919, as refunded by the agreement dated May 1, 1923, pursuant to authority contained in sections 805 to 809 of former Title 31, Money and Finance, or of any other indebtedness incurred by Finland and owing to the United States as a result of World War I, provided for the use of such fund for exchange of students, professors, etc., for the interchange of books and technical equipment, and for disbursements from the account. See section 2451 et seq. of Title 22, Foreign Relations and Intercourse, particularly section 2455.

Statutory Notes and Related Subsidiaries
Continuation of Certain Executive Orders, Agreements, Determinations, Regulations, Contracts, Appointments, and Other ActionsContinuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, set out in section 2451 et seq. of Title 22, Foreign Relations and Intercourse, until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of these sections, see section 111(b) of Pub. L. 87–256, set out as a note under section 2451 of Title 22.

§ 225. Fund for education of Iranian students in United States
There is authorized to be appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of $110,000, which sum shall be expended by the Secretary of State in his discretion for the education of Iranian students in the United States, in accordance with the obligation of the United States arising out of the agreement contained in an exchange of notes between this Government and the Iranian Government of July 25, July 29, November 9, and November 15, 1924, which agreement settled a claim asserted by the United States.
The said sum of $110,000 shall be deemed a trust fund received by the Secretary of State under the provisions of section 2668a of title 22, and shall be expended as therein provided. The said sum shall be deemed to constitute the fund of $110,000 received by the United States from the Iranian Government in four installments between December 24, 1924, and March 29, 1925, pursuant to the afore-mentioned notes, and deposited in the Treasury of the United States on June 24, 1925, which fund shall be deemed, insofar as the same may be necessary, to have been heretofore appropriated as a trust fund under section 2668a of title 22 and sections 1321 and 1322(a) of title 31. The Secretary of the Treasury shall make payments out of the said fund to or for the account of such persons, in such amounts, at such times, and on such terms, as the Secretary of State or his designee shall certify and the certificates of the Secretary of State or his designee issued hereunder shall be conclusive as to the propriety of payments so made. The expenditure of the said sum by the United States shall constitute full performance of the obligation of the United States to the Iranian Government or any other person arising out of the said notes and shall discharge the Secretary of State and the Secretary of the Treasury with respect to any accountability therefor.
(Sept. 29, 1950, ch. 1110, §§ 1, 2, 64 Stat. 1081.)

Editorial Notes
Codification
Words “section 2668a of title 22” substituted in text for “the Act of February 27, 1896, (29 Stat. 32, title 31, U.S.C. sec. 547)” and “the said Act of February 27, 1896” to reflect the transfer of section 547 of Title 31, Money and Finance, to section 2668a of Title 22, Foreign Relations and Intercourse.
Words “sections 1321 and 1322(a) of title 31” substituted in text for “the Permanent Appropriation Repeal Act, 1934, as amended, section 20 (48 Stat. 1233, 31 U.S.C., sec. 725(s) [31 U.S.C. 725s]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31.

§ 226. Cooperative public and private sector program for providing scholarships to students from the Caribbean and Central America(a) Statement of purposeIt is the purpose of this section to encourage the establishment of partnerships between State governments, universities, community colleges, and businesses to support scholarships for talented socially and economically disadvantaged students from eligible countries in the Caribbean and Central America to study in the United States in order to—(1) improve the diversity and quality of educational opportunities for such students;

(2) assist the development efforts of eligible countries by providing training and educational assistance to persons who can help address the social and economic needs of these countries;

(3) expand opportunities for cross-cultural studies and exchanges and improve the exchange of understanding and principles of democracy;

(4) promote positive and productive relationships between the United States and its neighbor countries in the Caribbean and Central American regions;

(5) give added visibility and focus to the “scholarship diplomacy” efforts of the United States Government by leveraging the monies available for this purpose through the development of partnerships among Federal, State, and local governments and the business and academic communities; and

(6) promote community involvement with the scholarship program as a tool for broadening and strengthening the “American experience” for foreign students.

(b) Establishment of scholarship programThe Administrator of the Agency for International Development shall establish and administer a program of scholarship assistance, in cooperation with State governments, universities, community colleges, and businesses, to provide scholarships to enable socially and economically disadvantaged students from eligible countries in the Caribbean and Central America to study in the United States.

(c) Grants to StatesIn carrying out this section, the Administrator may make grants to States to provide scholarship assistance for undergraduate degree programs and for training programs of one year or longer in study areas related to the critical development needs of the students’ respective countries.

(d) Agreement with StatesThe Administrator and each participating State shall agree on a program regarding the educational opportunities available within the State, the selection and assignment of scholarship recipients, and related issues. To the maximum extent practicable, each State shall be given flexibility in designing its program.

(e) Federal shareThe Federal share for each year for which a State receives payments under this section shall be not less than 50 percent.

(f) Non-Federal shareThe non-Federal share of payments under this section may be in cash, including the waiver of tuition or the offering of in-State tuition or housing waivers or subsidies, or in-kind fairly evaluated, including the provision of books or supplies.

(g) Forgiveness of scholarship assistanceThe obligation of any recipient to reimburse any entity for any or all scholarship assistance provided under this section shall be forgiven upon the recipient’s prompt return to his or her country of domicile for a period which is at least one year longer than the period spent studying in the United States with scholarship assistance.

(h) Private sector participationTo the maximum extent practicable, each participating State shall enlist the assistance of the private sector to enable the State to meet the non-Federal share of payments under this section. Wherever appropriate, each participating State shall encourage the private sector to offer internships or other opportunities consistent with the purposes of this section to students receiving scholarships under this section.

(i) FundingAny funds used in carrying out this section shall be derived from funds allocated for Latin American and Caribbean regional programs under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following; relating to the economic support fund).

(j) DefinitionsAs used in this section—(1) The term “eligible country” means any country—(A) which is receiving assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) or chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund); and

(B) which is designated by the President as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.].

(2) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

(Pub. L. 101–382, title II, § 231, Aug. 20, 1990, 104 Stat. 661.)

Editorial Notes

References in TextThe Foreign Assistance Act of 1961, referred to in subsecs. (i) and (j)(1)(A), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 are classified generally to part I (§ 2151 et seq.) of subchapter I and part IV (§ 2346 et seq.) of subchapter II, respectively, of chapter 32 of Title 22, Foreign Relations and Intercourse. For provisions deeming references to part I of subchapter I to include a reference to section 2293 of Title 22, see section 2293(d)(1) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
The Caribbean Basin Economic Recovery Act, referred to in subsec. (j)(1)(B), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§ 2701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 19 and Tables.

Statutory Notes and Related Subsidiaries

Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

CHAPTER 13—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

SUBCHAPTER I—ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY

Sec.

231 to 241–1.Omitted or Repealed.

SUBCHAPTER II—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES

241a to 241b–1.Repealed or Transferred.

Part A—Basic Grants

subpart 1—grants to local educational agencies

241c.Repealed.

subpart 2—state operated programs

241c–1 to 241c–5.Repealed.

Part B—Special Incentive Grants

241d to 241d–2.Repealed.

Part C—Special Grants

241d–11, 241d–12.Repealed.

Part D—General Provisions

241e to 241o.Repealed.

SUBCHAPTER III—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR EDUCATION OF INDIAN CHILDREN

241aa to 241ff.Repealed.

SUBCHAPTER IV—GENERAL

242 to 246.Repealed, Transferred, or Omitted.

SUBCHAPTER I—ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY
§§ 231 to 235. Omitted
Editorial Notes
Codification
Sections, act Sept. 10, 1949, ch. 582, 63 Stat. 697, related to Federal aid to local school agencies to provide educational opportunities to children in federally affected areas, received appropriations of $7,500,000 only for the fiscal year 1950.

§§ 236 to 239. Repealed. Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965

Section 236, acts Sept. 30, 1950, ch. 1124, title I, § 1, formerly § 1, 64 Stat. 1100, renumbered title I, § 1, and amended Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 27; Apr. 28, 1988, Pub. L. 100–297, title II, § 2012(b), 102 Stat. 294, related to Congressional declaration of policy and authorization of appropriations. See section 7701 of this title.

Section 237, acts Sept. 30, 1950, ch. 1124, title I, § 2, formerly § 2, 64 Stat. 1101; Aug. 8, 1953, ch. 402, § 1, 67 Stat. 530; Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 201, 70 Stat. 970; Aug. 12, 1958, Pub. L. 85–620, title II, § 201, 72 Stat. 559; Oct. 3, 1961, Pub. L. 87–344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, § 302, formerly § 32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90–576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, § 1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89–10, title I, §§ 2, 5, 79 Stat. 27, 36; Jan. 2, 1968, Pub. L. 90–247, title II, § 204(a)–(c), title III, § 301(e), 81 Stat. 808, 813; Apr. 13, 1970, Pub. L. 91–230, title II, § 201(b), 84 Stat. 154; Aug. 21, 1974, Pub. L. 93–380, title III, § 303(a)(1), 88 Stat. 522; Apr. 21, 1976, Pub. L. 94–273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title X, § 1001(a), 92 Stat. 2306; Oct. 19, 1984, Pub. L. 98–511, title III, § 301(a)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), 2012(a), 2013, 102 Stat. 294; May 11, 1989, Pub. L. 101–26, § 2(a), 103 Stat. 54; May 30, 1990, Pub. L. 101–305, § 7(a), 104 Stat. 259; Nov. 16, 1990, Pub. L. 101–589, title VII, § 722(a), 104 Stat. 2912, related to Federal contributions to local educational agencies. See section 7702 of this title.

Section 238, acts Sept. 30, 1950, ch. 1124, title I, § 3, formerly § 3, 64 Stat. 1102; Aug. 8, 1953, ch. 402, § 2, 67 Stat. 530; Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, §§ 202–206, 70 Stat. 970, 971; Aug. 12, 1958, Pub. L. 85–620, title II, § 202, 72 Stat. 559; June 25, 1959, Pub. L. 86–70, § 18(d)(1)–(3), 73 Stat. 144, 145; July 12, 1960, Pub. L. 86–624, § 14(d)(1)–(3), 74 Stat. 414; Oct. 3, 1961, Pub. L. 87–344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, § 302, formerly § 32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90–576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, § 1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89–10, title I, §§ 2, 3(a), 4(d)(2), 5, 79 Stat. 27, 34–36; Nov. 1, 1965, Pub. L. 89–313, § 4(a), 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89–750, title II, § 201, 80 Stat. 1210; Jan. 2, 1968, Pub. L. 90–247, title II, §§ 204(d), 205(a), 206, title III, § 301(e), 81 Stat. 808, 809, 813; Apr. 13, 1970, Pub. L. 91–230, title II, §§ 201(b), 202, 84 Stat. 154, 155; Aug. 21, 1974, Pub. L. 93–380, title III, §§ 304(a)(1), (b)(1), 305(a)(1), 88 Stat. 522, 523; Apr. 21, 1976, Pub. L. 94–273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title X, §§ 1001(b), 1002, 1003(a), (b), (d), 1004, 1031(a), title XI, § 1101(a), 92 Stat. 2306, 2307, 2312, 2313; Aug. 13, 1981, Pub. L. 97–35, title V, § 505(a)(2), 95 Stat. 442; Sept. 24, 1983, Pub. L. 98–94, title XII, § 1255(b), 97 Stat. 701; Oct. 19, 1984, Pub. L. 98–511, title III, §§ 301(a)(1)–(3), 303(a), 98 Stat. 2388; Nov. 8, 1984, Pub. L. 98–619, title III, § 300, 98 Stat. 3323; July 2, 1986, Pub. L. 99–349, title I, 100 Stat. 739, 740; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), 2012(a), 2014, 2019, 102 Stat. 294, 300; May 11, 1989, Pub. L. 101–26, § 2(b), 103 Stat. 54; May 30, 1990, Pub. L. 101–305, § 3(a), (b), 104 Stat. 255, 256; Oct. 30, 1990, Pub. L. 101–476, title IX, § 901(a)(3), (f)(1), 104 Stat. 1142, 1151; Aug. 17, 1991, Pub. L. 102–103, title IV, § 401, 105 Stat. 508, related to payments to local school agencies. See section 7703 of this title.

Section 239, acts Sept. 30, 1950, ch. 1124, title I, § 4, formerly § 4, 64 Stat. 1104; Aug. 8, 1953, ch. 402, §§ 3–5, 67 Stat. 532–534; Aug. 12, 1955, ch. 868, §§ 1, 2, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, §§ 207, 208, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85–620, title II, § 203, 72 Stat. 560; Oct. 3, 1961, Pub. L. 87–344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, § 302, formerly § 32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90–576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, § 1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89–10, title I, §§ 3(b), 5, 79 Stat. 34, 36; Jan. 2, 1968, Pub. L. 90–247, title III, § 301(e), 81 Stat. 813; Apr. 13, 1970, Pub. L. 91–230, title II, § 201(b), 84 Stat. 154; Aug. 21, 1974, Pub. L. 93–380, title III, § 303(a)(2), 88 Stat. 522; Apr. 21, 1976, Pub. L. 94–273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title X, § 1001(c), 92 Stat. 2306; Oct. 19, 1984, Pub. L. 98–511, title III, § 301(a)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), 2012(a), 102 Stat. 294, related to sudden and substantial increases in attendance resulting from activities of the United States.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 103–382, § 3(a)(3)(B), Oct. 20, 1994, 108 Stat. 3519, provided that: “Part C [§ 331, repealing sections 236 to 239, 240 to 241–1, 242 to 244, and 631 to 647 of this title] of title III of this Act and the amendments made by such part shall take effect on October 1, 1994.”

§ 239a. Repealed. Pub. L. 97–35, title V, § 542(1), Aug. 13, 1981, 95 Stat. 458

Section, act Sept. 30, 1950, ch. 1124, title I, § 4A, as added Oct. 3, 1980, Pub. L. 96–374, title XIII, § 1341, 95 Stat. 1500, related to payments for special programs for alien children who fled from Cambodia, Vietnam, Laos, Cuba, or Haiti. See provisions set out as notes under section 1522 of Title 8, Aliens and Nationality.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1981, see section 547 of Pub. L. 97–35, set out as a note under section 1522 of Title 8, Aliens and Nationality.

§§ 240 to 241–1. Repealed. Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965

Section 240, acts Sept. 30, 1950, ch. 1124, title I, § 5, formerly § 5, 64 Stat. 1106; Aug. 8, 1953, ch. 402, §§ 6, 7, 67 Stat. 534; Aug. 3, 1956, ch. 915, title II, § 209, 70 Stat. 972; renumbered title I, § 5, and amended Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 27; Nov. 3, 1966, Pub. L. 89–750, title II, §§ 202, 203, 80 Stat. 1211, 1212; Oct. 16, 1968, Pub. L. 90–576, title III, § 305(a), 82 Stat. 1097; Apr. 13, 1970, Pub. L. 91–230, title II, § 203(c)(4), 84 Stat. 156; June 23, 1972, Pub. L. 92–318, title IV, § 411(c)(1), 86 Stat. 338; Aug. 21, 1974, Pub. L. 93–380, title III, §§ 304(c)(1), (2), (d)(2), 305(a)(2), 88 Stat. 522, 523, 529; Apr. 21, 1976, Pub. L. 94–273, § 3(5), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94–482, title III, § 330(a), (b)(1)–(3), 90 Stat. 2221; Nov. 1, 1978, Pub. L. 95–561, title X, §§ 1003(c), 1005, 1006(a), 1007, 1008, title XI, § 1101(b), (c), (e), 92 Stat. 2306–2309, 2313, 2315; Aug. 6, 1979, Pub. L. 96–46, § 3(b), 93 Stat. 342; Oct. 31, 1983, Pub. L. 98–139, title III, 97 Stat. 889; Dec. 8, 1983, Pub. L. 98–211, § 23, 97 Stat. 1419; Aug. 22, 1984, Pub. L. 98–396, title I, § 101, 98 Stat. 1393; Oct. 19, 1984, Pub. L. 98–511, title III, § 303(b)(1), 98 Stat. 2389; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), (2), 2015, 102 Stat. 294, 296; May 11, 1989, Pub. L. 101–26, § 2(c)–(e), 103 Stat. 54, 55; May 30, 1990, Pub. L. 101–305, § 3(c), (d), 104 Stat. 256, 257; Nov. 16, 1990, Pub. L. 101–589, title VII, § 722(d), 104 Stat. 2913; Aug. 17, 1991, Pub. L. 102–103, title IV, § 402, 105 Stat. 508; Nov. 13, 1991, Pub. L. 102–159, § 2, 105 Stat. 1042; Oct. 23, 1992, Pub. L. 102–484, div. A, title III, § 387, 106 Stat. 2397, related to payments to local educational agencies. See section 7705 of this title.

Section 241, acts Sept. 30, 1950, ch. 1124, title I, § 6, formerly § 6, 64 Stat. 1107; Aug. 8, 1953, ch. 402, § 8, 67 Stat. 535; Aug. 1, 1955, ch. 446, 69 Stat. 433; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; May 6, 1960, Pub. L. 86–449, title V, § 501, 74 Stat. 89; renumbered title I, § 6, and amended Apr. 11, 1965, Pub. L. 89–10, title I, §§ 2, 4(d)(2), 79 Stat. 27, 35; July 21, 1965, Pub. L. 89–77, § 2, 79 Stat. 243; Nov. 3, 1966, Pub. L. 89–750, title II, § 204, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(f)(1), 84 Stat. 173; Nov. 1, 1978, Pub. L. 95–561, title X, §§ 1009, 1031(a), 92 Stat. 2309, 2312; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), 2016, 102 Stat. 294, 299; Oct. 7, 1991, Pub. L. 102–119, § 23(a), 105 Stat. 604, related to education of children where local agencies cannot supply facilities.

Section 241–1, acts Sept. 30, 1950, ch. 1124, title I, § 7, as added Nov. 1, 1965, Pub. L. 89–313, § 2, 79 Stat. 1159; amended Jan. 2, 1968, Pub. L. 90–247, title II, § 218, 81 Stat. 811; Oct. 21, 1968, Pub. L. 90–608, ch. IV, § 402, 82 Stat. 1194; Apr. 13, 1970, Pub. L. 91–230, title II, § 201(c), 84 Stat. 154; Dec. 31, 1970, Pub. L. 91–606, title III, § 301(e), 84 Stat. 1759; 1973 Reorg. Plan No. I, §§ 1, 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089; Dec. 10, 1973, Ex. Ord. No. 11749, § 2(2), 38 F.R. 34177; May 22, 1974, Pub. L. 93–288, title VII, § 702(e), formerly title VI, § 602(e), 88 Stat. 163, renumbered title VII, § 702(e), Oct. 5, 1994, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), 108 Stat. 3100; Aug. 21, 1974, Pub. L. 93–380, title III, §§ 303(a)(3), 305(a)(3), 88 Stat. 522, 532; Apr. 21, 1976, Pub. L. 94–273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title X, § 1010(a), 92 Stat. 2310; July 20, 1979, Ex. Ord. No. 12148, § 4–106, 44 F.R. 43239; Aug. 6, 1979, Pub. L. 96–46, § 3(a), 93 Stat. 342; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(b)(2), title V, § 507, 93 Stat. 679, 692; Oct. 19, 1984, Pub. L. 98–511, title III, § 301(a)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), (b), 2012(a), 2017, 102 Stat. 294, 299; Nov. 23, 1988, Pub. L. 100–707, title I, § 109(i), 102 Stat. 4709, related to assistance for current school expenditures in cases of certain disasters.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1994, see section 3(a)(3)(B) of Pub. L. 103–382, set out as a note under section 236 of this title.

SUBCHAPTER II—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES
§§ 241a, 241b. Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241a, act Sept. 30, 1950, ch. 1124, title II, § 101, formerly § 201, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 27, renumbered and amended Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(2), 110, 81 Stat. 786, 787; Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(2), 84 Stat. 126, set out the Congressional declaration of policy with regard to the program of assistance to local educational agencies for the education of children of low-income families.

Section 241b, act Sept. 30, 1950, ch. 1124, title II, § 102, formerly § 202, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 27, amended Nov. 3, 1966, Pub. L. 89–750, title I, § 101, 80 Stat. 1191, and renumbered and amended Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(2), 110, title III, § 301(a), 81 Stat. 786, 787, 813; Apr. 13, 1970, Pub. L. 91–230, title I, §§ 101(a), 113(b)(3), 84 Stat. 121, 126; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(1), 88 Stat. 488; Apr. 21, 1976, Pub. L. 94–273, § 2(12), 90 Stat. 375; Sept. 24, 1977, Pub. L. 95–112, § 2(a)(1), 91 Stat. 911, set out the duration of the period during which the Commissioner could make payments for grants made on the basis of entitlements under this subchapter.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title.

§ 241b–1. Transferred
Editorial Notes
Codification
Section, Pub. L. 93–380, title I, § 101(a)(10), Aug. 21, 1974, 88 Stat. 501, which authorized appropriations for assistance to local educational agencies whose total basic grants allotment was 90 percent or less than the allotment during the preceding year, was transferred to section 2713 of this title and subsequently omitted from the Code.

Part A—Basic Grants
subpart 1—grants to local educational agencies
§ 241c. Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section, act Sept. 30, 1950, ch. 1124, title II, § 103, formerly § 203, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 28, amended July 21, 1965, Pub. L. 89–77, § 3, 79 Stat. 243; Nov. 1, 1965, Pub. L. 89–313, § 6(a), 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89–750, title I, §§ 102, 103(a), 104, 105(a), (b)(1), (2), (c), 106, 107, 108(b)(1), 113(b), 117(a)(2), (3), 80 Stat. 1191–1195, 1197, 1198, and renumbered and amended Jan. 2, 1968, Pub. L. 90–247, title I, §§ 101, 103(a), 104(a), (b), 105, 107(a), 108(a)(2), 110, 81 Stat. 783–787; Oct. 16, 1968, Pub. L. 90–576, title III, § 307, 82 Stat. 1097; Apr. 13, 1970, Pub. L. 91–230, title I, §§ 101(b), 103, 104(a), 105(a), (b), 106, 107, 113(a), 84 Stat. 121–124, 126; June 23, 1972, Pub. L. 92–318, title IV, § 411(b)(1), (2), title V, § 508, 86 Stat. 338, 352; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(2)(A)(i)(II), (ii), (B)–(D), 88 Stat. 488, 490, 491; Apr. 21, 1976, Pub. L. 94–273, § 49(a)–(c), 90 Stat. 382, authorized grants to local educational agencies.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title.

subpart 2—state operated programs
§§ 241c–1 to 241c–5. Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241c–1, act Sept. 30, 1950, ch. 1124, title II, § 121, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(2)(E), 88 Stat. 491, provided for programs for handicapped children.

Another section 121 of act Sept. 30, 1950, as added by Pub. L. 91–230, title I, § 113(b)(6), Apr. 13, 1970, 84 Stat. 126, and renumbered section “126” by Pub. L. 93–380, was classified to section 241d of this title.

Section 241c–2, act Sept. 30, 1950, title II, § 122, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(2)(E), 88 Stat. 492, provided for programs for migratory children.

Another section 122 of act Sept. 30, 1950, as added by Pub. L. 91–230, title I, § 113(b)(6), Apr. 13, 1970, 84 Stat. 126, and renumbered section “127” by Pub. L. 93–380, was classified to section 241d–1 of this title.

Section 241c–3, act Sept. 30, 1950, ch. 1124, title II, § 123, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(2)(E), 88 Stat. 494, provided for programs for neglected or delinquent children.

Another section 123 of act Sept. 30, 1950, as added by Pub. L. 91–230, title I, § 113(b)(6), Apr. 13, 1970, 84 Stat. 127, and renumbered section “128” by Pub. L. 93–380, was classified to section 241d–2 of this title.

Section 241c–4, act Sept. 30, 1950, ch. 1124, title II, § 124, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(2)(E), 88 Stat. 494, provided for the reservation of funds for territories.

Section 241c–5, act Sept. 30, 1950, ch. 1124, title II, § 125, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(2)(E), 88 Stat. 495, and amended Apr. 21, 1976, Pub. L. 94–273, § 3(8), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94–482, title V, § 501(b)(1)(A), (o), 90 Stat. 2236, 2238; Sept. 24, 1977, Pub. L. 95–112, § 2(a)(1), 91 Stat. 911, related to minimum payments for State operated programs.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title.

Part B—Special Incentive Grants
§§ 241d to 241d–2. Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241d, act Sept. 30, 1950, ch. 1124, title II, § 126, formerly § 121, as added Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94–482, title V, § 501(b)(1)(B), 90 Stat. 2236, related to maximum entitlement for special incentive grants.

A prior section 241d, act Sept. 30, 1950, ch. 1124, title I, § 104, formerly § 204, as added by Pub. L. 89–10, title I, § 2, Apr. 11, 1965, 79 Stat. 30, and renumbered by Pub. L. 90–247, title I, § 110, Jan. 2, 1968, 81 Stat. 787, making provision for special incentive grants to local educational agencies, was repealed by Pub. L. 89–750, title I, § 108(a), Nov. 3, 1966, 80 Stat. 1195. Such repeal, pursuant to section 191 of Pub. L. 89–750, was effective with respect to fiscal years beginning after June 30, 1966.

Provisions (for amount and distribution of special incentive grants) similar to those comprising this section, as added by Pub. L. 91–230, were contained in act Sept. 30, 1950, ch. 1124, title I, § 121(a), formerly title II, § 221(a), as added and renumbered Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(5), 110, 81 Stat. 786, 787 (classified to section 241h–1(a) of this title), prior to repeal thereof by Pub. L. 91–230, § 113(b)(6).

Section 241d–1, act Sept. 30, 1950, ch. 1124, title II, § 127, formerly § 122, as added Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94–482, title V, § 501(a)(1), 90 Stat. 2235, related to application made for special incentive grants by States.

Provisions (for application and information therein) similar to those comprising part of this section were contained in act Sept. 30, 1950, ch. 1124, title I, § 121(b), formerly title II, § 221(b), as added and renumbered Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h–1(b) of this title), prior to repeal thereof by Pub. L. 91–230, § 113(b)(6).

Section 241d–2, act Sept. 30, 1950, ch. 1124, title II, § 128, formerly § 123, as added Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(6), 84 Stat. 127, renumbered Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94–482, title V, § 501(a)(1), 90 Stat. 2235, defined “effort index”.

Provisions (defining “State effort index” and “national effort index”) similar to those comprising this section were contained in act Sept. 30, 1950, ch. 1124, title I, § 121(c), formerly title II, § 221(c), as added and renumbered Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h–1(c) of this title), prior to repeal thereof by Pub. L. 91–230, § 113(b)(6).

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title.

Part C—Special Grants
§ 241d–11. Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section, act Sept. 30, 1950, ch. 1124, title II, § 131, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(4)(A), 88 Stat. 495, related to eligibility for and maximum amount of special grants.

A prior section 241d–11, act Sept. 30, 1950, ch. 1124, title II, § 131, as added Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(6), 84 Stat. 127, which also related to eligibility and maximum amount of special grants for urban and rural schools serving areas with the highest concentrations of children from low-income families, was repealed by Pub. L. 93–380, title I, § 101(a)(4)(B), Aug. 21, 1974, 88 Stat. 496, effective July 1, 1975.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title.

§ 241d–12. Repealed. Pub. L. 93–380, title I, § 101(a)(4)(B), Aug. 21, 1974, 88 Stat. 496

Section, act Sept. 30, 1950, ch. 1124, title II, § 132, as added Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(6), 84 Stat. 128, related to uses of funds for such special grants.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1975, pursuant to Pub. L. 93–380, § 101(a)(4)(B).

Part D—General Provisions
§§ 241e to 241h. Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241e, act Sept. 30, 1950, ch. 1124, title II, § 141, formerly § 205, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 30, amended Nov. 3, 1966, Pub. L. 89–750, title I, §§ 103(b), 108(b)(1), (2), 110, 111(a)–(e), 80 Stat. 1192, 1195, 1196, renumbered title I, § 105 and amended Jan. 2, 1968, Pub. L. 90–247, title I, §§ 103(b), 106, 108(a)(2), 109, 110, 81 Stat. 783, 784, 786, 787, renumbered § 141 and amended Apr. 13, 1970, Pub. L. 91–230, title I, §§ 108, 109(a), 110, 111(b), 113(b)(3), (4), (7), 84 Stat. 124–126, 128; June 23, 1972, Pub. L. 92–318, title V, § 507(a), (b), 86 Stat. 352; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(5), (9)(A), (B), 88 Stat. 496, 500; Oct. 12, 1976, Pub. L. 94–482, title V, § 501(b)(1)(C), (D), 90 Stat. 2236, related to applications for grants by local agencies.

Section 241e–1, act Sept. 30, 1950, ch. 1124, title II, § 141A, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(6), 88 Stat. 497, related to participation of children enrolled in private schools.

Section 241f, act Sept. 30, 1950, ch. 1124, title II, § 142, formerly § 206, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 31, amended Nov. 1, 1965, Pub. L. 89–313, § 6(b), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89–750, title I, § 103(c)(1), 80 Stat. 1193, renumbered § 106, and amended Jan. 2, 1968, Pub. L. 90–247, title I, §§ 103(c), 108(a)(2), 110, 81 Stat. 783, 786, 787, and renumbered § 142 and amended Apr. 13, 1970, Pub. L. 91–230, title I, §§ 111(a), 113(b)(3), (4), 84 Stat. 125, 126; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(9)(D), (E), 88 Stat. 500, related to assurances required from States desiring to participate.

Section 241g, act Sept. 30, 1950, ch. 1124, title II, § 143, formerly § 207, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 32, amended Nov. 1, 1965, Pub. L. 89–313, § 7(a), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89–750, title I, §§ 103(c)(2), 108(b)(3), 112, 113(a), 80 Stat. 1193, 1195, 1197, renumbered § 107 and amended Jan. 2, 1968, Pub. L. 90–247, title I, §§ 102, 103(c), 108(a)(2), 110, 81 Stat. 783, 786, 787 and renumbered § 143 and amended Apr. 13, 1970, Pub. L. 91–230, title I, §§ 113(b)(3), (4), (8), 114, 84 Stat. 126, 129, 130; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(9)(C), (F), (G), title VIII, § 843(a)(1), 88 Stat. 500, 611; Oct. 12, 1976, Pub. L. 94–482, title III, § 323(a)(1), 90 Stat. 2217, related to payment of funds.

Section 241h, act Sept. 30, 1950, ch. 1124, title II, § 144, formerly § 208, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89–750, title I, § 114, 80 Stat. 1197, renumbered § 108 and amended Jan. 2, 1968, Pub. L. 90–247, title I, §§ 107(b), 110, 81 Stat. 785, 787, renumbered § 144 and amended Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(3), (4), (c), (d), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(7), (9)(H), 88 Stat. 498, 500, related to adjustments necessitated by appropriations.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title.

§§ 241h–1, 241i. Repealed. Pub. L. 91–230, title I, § 113(b)(6), title IV, § 401(g)(1), Apr. 13, 1970, 84 Stat. 126, 174

Section 241h–1, act Sept. 30, 1950, ch. 1124, title II, § 121, formerly § 221, as added and renumbered Jan. 2, 1968, Pub. L. 90–247, §§ 108(a)(5), 110, 81 Stat. 786, 787, and amended Apr. 13, 1970, Pub. L. 91–230, title I, § 101(c), 84 Stat. 121, related to special incentive grants and provided in: subsec. (a) for amount and distribution of such grants; subsec. (b) for application for grant and disapproval only after notice and opportunity for hearing; subsec. (c) definitions of “State effort index” and “national effort index”; and subsec. (d) authorization of appropriations of $50,000,000 for fiscal year ending June 30, 1969, and for each of the succeeding fiscal years ending prior to July 1, 1973.

Section 241i, act Sept. 30, 1950, ch. 1124, title II, § 145, formerly § 209, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 33, renumbered § 231 and further renumbered § 131, Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(4), 110, 81 Stat. 786, 787, and renumbered § 145, Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(4), 84 Stat. 126, related to labor standards requirements (prevailing wage rates). See section 1232b of this title.

§§ 241j to 241o. Repealed. Pub. L. 95–561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241j, act Sept. 30, 1950, ch. 1124, title II, § 146, formerly § 210, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89–750, title I, § 103(c)(3), 80 Stat. 1193, renumbered § 232, amended and further renumbered § 132, Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(4), (b), 110, 81 Stat. 786, 787, and renumbered § 146, and amended Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(4), (9), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(9)(I), 88 Stat. 501, related to withholding of funds for noncompliance with assurances.

Section 241k, act Sept. 30, 1950, ch. 1124, title II, § 147, formerly § 211, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89–750, title I, § 103(c)(4), 80 Stat. 1193, renumbered § 233, amended and further renumbered § 133, Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(4), (b), 110, 81 Stat. 786, 787, renumbered § 147, and amended Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(4), (10), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(9)(J), 88 Stat. 501, related to judicial review.

Section 241l, act Sept. 30, 1950, ch. 1124, title II, § 148, formerly § 212, as added Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 34, amended Nov. 3, 1966, Pub. L. 89–750, title I, § 115, 80 Stat. 1197, renumbered § 234, amended and further renumbered § 134, Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(4), 110, 114, 81 Stat. 786–788, and renumbered § 148, and amended Apr. 13, 1970, Pub. L. 91–230, title I, §§ 112, 113(b)(4), 84 Stat. 125, 126; Aug. 21, 1974, Pub. L. 93–380, title VIII, § 845(a), 88 Stat. 612; Apr. 21, 1976, Pub. L. 94–273, § 3(8), 90 Stat. 376; Sept. 24, 1977, Pub. L. 95–112, § 2(a)(3), 91 Stat. 911, created National Advisory Council on the Education of Disadvantaged Children.

Section 241m, act Sept. 30, 1950, ch. 1124, title II, § 149, formerly § 213, as added Nov. 3, 1966, Pub. L. 89–750, title I, § 109, 80 Stat. 1195, renumbered § 235, and further renumbered § 135, Jan. 2, 1968, Pub. L. 90–247, title I, §§ 108(a)(4), 110, 81 Stat. 786, 787, and renumbered § 149, Apr. 13, 1970, Pub. L. 91–230, title I, § 113(b)(4), 84 Stat. 126, related to treatment of earnings for purposes of aid to families with dependent children.

Section 241n, act Sept. 30, 1950, ch. 1124, title II, § 150, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(8), 88 Stat. 499, related to allocation of funds within school districts of local educational agencies.

Section 241o, act Sept. 30, 1950, ch. 1124, title II, § 151, as added Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(8), 88 Stat. 499; amended Apr. 21, 1976, Pub. L. 94–273, § 3(8), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94–482, title V, § 501(b)(1)(E), (p), 90 Stat. 2236, 2238, related to system of program evaluation.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95–561, set out as an Effective Date of 1978 Amendment note under section 1221e–3 of this title.

SUBCHAPTER III—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR EDUCATION OF INDIAN CHILDREN
§§ 241aa, 241bb. Repealed. Pub. L. 100–297, title V, § 5352(1), Apr. 28, 1988, 102 Stat. 414

Section 241aa, act Sept. 30, 1950, ch. 1124, title III, § 302, as added June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 335; amended Nov. 1, 1978, Pub. L. 95–561, title XI, § 1142(a), 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98–511, title V, § 513(a)(8), 98 Stat. 2400, related to Congressional declaration of policy.

Section 241bb, act Sept. 30, 1950, ch. 1124, title III, § 303, as added June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 335; amended Aug. 21, 1974, Pub. L. 93–380, title VI, §§ 631(b), 632(b), 88 Stat. 585, 586; Apr. 21, 1976, Pub. L. 94–273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title XI, §§ 1141(b), 1143, 92 Stat. 2328, 2329; Oct. 19, 1984, Pub. L. 98–511, title V, § 513(a)(1)–(3), (8), 98 Stat. 2399, 2400, related to grants to local educational agencies.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of this title.

§ 241bb–1. Repealed. Pub. L. 100–297, title V, § 5116(1), Apr. 28, 1988, 102 Stat. 381

Section, Pub. L. 95–561, title XI, § 1146, Nov. 1, 1978, 92 Stat. 2330, deemed certain tribal schools to be local educational agencies for purposes of section 241bb(a) of this title.

§§ 241cc to 241ff. Repealed. Pub. L. 100–297, title V, § 5352(1), Apr. 28, 1988, 102 Stat. 414

Section 241cc, act Sept. 30, 1950, ch. 1124, title III, § 304, as added June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 335; amended Nov. 1, 1978, Pub. L. 95–561, title XI, § 1142(b), 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98–511, title V, § 513(a)(8), 98 Stat. 2400; Oct. 27, 1986, Pub. L. 99–570, title IV, § 4133(b)(1), 100 Stat. 3207–133, set forth uses of Federal funds.

Section 241dd, act Sept. 30, 1950, ch. 1124, title III, § 305, as added June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 336; amended Nov. 1, 1978, Pub. L. 95–561, title XI, § 1144, 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98–511, title V, § 513(a)(4), (8), 98 Stat. 2399, 2400, related to conditions for approval of grants.

Section 241ee, act Sept. 30, 1950, ch. 1124, title III, § 306, as added June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 337; amended Nov. 1, 1978, Pub. L. 95–561, title XI, § 1150(f), 92 Stat. 2333; Aug. 22, 1984, Pub. L. 98–396, title I, 98 Stat. 1390; Oct. 19, 1984, Pub. L. 98–511, title V, § 513(a)(8), 98 Stat. 2400, related to payments to local educational agencies.

Section 241ff, act Sept. 30, 1950, ch. 1124, title III, § 307, as added June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 337; amended Nov. 1, 1978, Pub. L. 95–561, title XI, § 1145, 92 Stat. 2330; Oct. 19, 1984, Pub. L. 98–511, title V, § 513(a)(5), 98 Stat. 2399, related to authorization of appropriations and adjustments.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of this title.

SUBCHAPTER IV—GENERAL
§§ 242 to 244. Repealed. Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965

Section 242, acts Sept. 30, 1950, ch. 1124, title IV, § 401, formerly § 7, 64 Stat. 1107, renumbered title III, § 301, Apr. 11, 1965, Pub. L. 89–10, title I, § 3(c)(1), 79 Stat. 35; amended Nov. 3, 1966, Pub. L. 89–750, title II, § 205, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(f)(1), 84 Stat. 173, and renumbered title IV, § 401, June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 334; Apr. 28, 1988, Pub. L. 100–297, title II, § 2011(a)(1), 102 Stat. 294, related to supervision over schools.

Section 243, acts Sept. 30, 1950, ch. 1124, title IV, § 402, formerly § 8, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 9, 67 Stat. 536; Aug. 4, 1955, ch. 543, ch. 11, § 202, 69 Stat. 485; Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 210, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85–620, title II, § 204, 72 Stat. 560; renumbered title III, § 302, and amended Apr. 11, 1965, Pub. L. 89–10, title I, § 3(c), 79 Stat. 35; Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(c)(1), 84 Stat. 173; renumbered title IV, § 402, June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 334; Aug. 13, 1981, Pub. L. 97–35, title V, § 505(c)(1), 95 Stat. 442; Apr. 28, 1988, Pub. L. 100–297, title II, § 2011(a)(1), 102 Stat. 294, related to utilization of services and facilities of other Federal agencies.

Section 244, acts Sept. 30, 1950, ch. 1124, title IV, § 403, formerly § 9, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 10, 67 Stat. 536; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, § 211, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85–620, title II, § 205, 72 Stat. 560; June 25, 1959, Pub. L. 86–70, § 18(d)(4), 73 Stat. 145; July 12, 1960, Pub. L. 86–624, § 14(d)(4), 74 Stat. 414; Oct. 16, 1964, Pub. L. 88–665, title XI, § 1102(b), 78 Stat. 1109, renumbered title III, § 303, and amended Apr. 11, 1965, Pub. L. 89–10, title I, §§ 3(c)(1), 4(a)–(c), (d)(1), (e), 79 Stat. 35; Nov. 1, 1965, Pub. L. 89–313, § 6(c), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89–750, title I, § 117(a)(1), (b), title II, § 206, 80 Stat. 1198, 1199, 1213; Jan. 2, 1968, Pub. L. 90–247, title II, § 201, 81 Stat. 806; Apr. 13, 1970, Pub. L. 91–230, title II, § 203(b), 84 Stat. 156; Aug. 12, 1970, Pub. L. 91–375, §§ 4(a), 6(o), 84 Stat. 773, 783; renumbered title IV, § 403, June 23, 1972, Pub. L. 92–318, title IV, § 411(a), 86 Stat. 334, and amended Aug. 21, 1974, Pub. L. 93–380, title I, § 101(a)(9)(K), title III, § 304(d)(1), 88 Stat. 501, 523; Apr. 21, 1976, Pub. L. 94–273, § 49(d), 90 Stat. 382; Oct. 12, 1976, Pub. L. 94–482, title V, § 501(n), 90 Stat. 2237; Nov. 1, 1978, Pub. L. 95–561, title I, § 101(b), title X, §§ 1011–1014, 1031(a), 92 Stat. 2200, 2310–2312; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), (3), 2021, 102 Stat. 294, 300; May 30, 1990, Pub. L. 101–305, § 3(f), 104 Stat. 257; Oct. 30, 1990, Pub. L. 101–476, title IX, § 901(a)(3), (f)(2), 104 Stat. 1142, 1151, defined terms for purposes of this chapter. See section 7713 of this title.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1994, see section 3(a)(3)(B) of Pub. L. 103–382, set out as a note under section 236 of this title.

§ 244a. Transferred
Editorial Notes
Codification
Section, act July 16, 1940, ch. 629, 54 Stat. 761, which related to school facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments, was transferred to section 7713a of this title.

§ 245. Repealed. Pub. L. 85–620, title II, § 206, Aug. 12, 1958, 72 Stat. 561

Section, act Sept. 30, 1950, ch. 1124, § 10, as added Aug. 8, 1953, ch. 402, § 11, 67 Stat. 536; amended Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 212, 70 Stat. 972, related to election by States to receive payments with respect to education of Indian children.

Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 85–620, title II, § 207, Aug. 12, 1958, 72 Stat. 561, provided that: “The amendments made by this title [amending sections 237, 238, 239, 243, 244 of this title and repealing this section] shall be effective for the period beginning July 1, 1958.”

§ 246. Omitted

Section, Pub. L. 93–380, title VIII, § 842, Aug. 21, 1974, 88 Stat. 610; Pub. L. 94–482, title III, § 326, Oct. 12, 1976, 90 Stat. 2220; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to development and submission of State equalization plans by not later than Oct. 1, 1978.

CHAPTER 14—SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES
§§ 251 to 255, 271 to 280, 291 to 302, 311. Omitted
Editorial Notes
Codification
The act of Sept. 23, 1950, ch. 995, 64 Stat. 967, as amended by acts Aug. 8, 1953, ch. 400, §§ 1, 2, 67 Stat. 522, 528; Aug. 2, 1954, ch. 649, title VIII, § 808(a), 68 Stat. 645; Aug. 31, 1954, ch. 1149, §§ 1–7, 68 Stat. 1005, 1006; Aug. 12, 1955, ch. 868, §§ 4–7, 69 Stat. 713–715; Aug. 1, 1956, ch. 852, § 11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, §§ 101–109, 70 Stat. 968, 969; Aug. 21, 1957, Pub. L. 85–161, 71 Stat. 403; Sept. 2, 1957, Pub. L. 85–267, §§ 1–8, 71 Stat. 593, 594; Aug. 28, 1958, Pub. L. 85–791, § 32, 72 Stat. 951, formerly classified to this chapter, was completely amended and renumbered by Pub. L. 85–620, Aug. 12, 1958, 72 Stat. 548, and reclassified to chapter 19 (§ 631 et seq.) of this title, and was subsequently repealed by Pub. L. 103–382, title III, § 331(a), Oct. 20, 1994, 108 Stat. 3965.
Sections 251 to 254, act Sept. 23, 1950, ch. 995, title I, §§ 101 to 104, 64 Stat. 967, 968, authorized appropriations, provided for State applications for funds, allotments and payments to States, and to withholding of certification.
Section 255, acts Sept. 23, 1950, ch. 995, title I, § 105, 64 Stat. 969; Aug. 8, 1953, ch. 400, § 2(m), 67 Stat. 529, related to delegation of functions and payment of expenses.
Section 271, act Sept. 23, 1950, ch. 995, title II, § 201, 64 Stat. 969, contained declaration of policy for school construction in federally-affected areas.
Section 272, acts Sept. 23, 1950, ch. 995, title II, § 202, 64 Stat. 969; Aug. 2, 1954, ch. 649, title VIII, § 808(a), 68 Stat. 645, authorized payments to local education agencies.
Section 273, acts Sept. 23, 1950, ch. 995, title II, § 203, 64 Stat. 971; Aug. 12, 1955, ch. 868, § 4, 69 Stat. 713, related to payments where effect of Federal activities, would be temporary, and for donation of temporary school activities.
Section 274, act Sept. 23, 1950, ch. 995, title II, § 204, 64 Stat. 972, related to children for whom local agencies cannot provide education.
Section 275, acts Sept. 23, 1950, ch. 995, title II, § 205, 64 Stat. 972; Aug. 8, 1953, ch. 400, § 2(a), 67 Stat. 528, related to applications for assistance, construction projects, and reimbursement.
Section 276, act Sept. 23, 1950, ch. 995, title II, § 206, 64 Stat. 973, provided for certification and payment of funds.
Section 277, acts Sept. 23, 1950, ch. 995, title II, § 207, 64 Stat. 974; Aug. 8, 1953, ch. 400, § 2(b), 67 Stat. 528; Aug. 28, 1958, Pub. L. 85–791, § 32, 72 Stat. 951, related to withholding of certification and judicial review.
Section 278, act Sept. 23, 1950, ch. 995, title II, § 208, 64 Stat. 975, provided for administration of act Sept. 23, 1950.
Section 279, acts Sept. 23, 1950, ch. 995, title II, § 209, 64 Stat. 975; Aug. 8, 1953, ch. 400, § 2(c)–(f), 67 Stat. 528; Aug. 31, 1954, ch. 1149, § 7, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85–267, § 1, 71 Stat. 593, related to use of other Federal agencies; transfer and availability of appropriations, and additional grants for non-Federal share.
Section 280, acts Sept. 23, 1950, ch. 995, title II, § 210, 64 Stat. 976; Aug. 8, 1953, ch. 400, § 2(g)–(l), 67 Stat. 528; Aug. 1, 1956, ch. 852, § 11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, § 102, 70 Stat. 968; Aug. 21, 1957, Pub. L. 85–161, 71 Stat. 403, contained definitions of terms used in act Sept. 23, 1950.
Section 291, act Sept. 23, 1950, ch. 995, title III, § 301, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149, § 1, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 103, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85–267, § 2, 71 Stat. 593, stated purpose of former sections 291 to 302 of this title and authorized appropriations.
Section 292, act Sept. 23, 1950, ch. 995, title III, § 302, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522, provided for annual apportionment of funds.
Section 293, act Sept. 23, 1950, ch. 995, title III, § 303, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149, § 2, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 104, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85–267, § 3, 71 Stat. 593, related to dates for filing applications, and to priorities.
Section 294, act Sept. 23, 1950, ch. 995, title III, § 304, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149, § 3, 68 Stat. 1005; Aug. 12, 1955, ch. 868, § 5, 69 Stat. 714; Aug. 3, 1956, ch. 915, title I, § 105, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85–267, § 4, 71 Stat. 593, related to Federal share of cost of projects.
Section 295, act Sept. 23, 1950, ch. 995, title III, § 305, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 523; amended Aug. 31, 1954, ch. 1149, §§ 4, 5, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 106, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85–267, § 5, 71 Stat. 593, prescribed limitations on total payments to local agencies.
Section 296, act Sept. 23, 1950, ch. 995, title III, § 306, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 524; amended Aug. 3, 1956, ch. 915, title I, § 107, 70 Stat. 969, related to filing and approval of application for assistance.
Section 297, act Sept. 23, 1950, ch. 995, title III, § 307, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525, related to payments to local agencies.
Section 298, act Sept. 23, 1950, ch. 995, title III, § 308, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525; amended Aug. 12, 1955, ch. 868, § 7, 69 Stat. 715, related to availability of appropriations, special fund for additional grants, and to payments in cases affected by change in regulations.
Section 299, act Sept. 23, 1950, ch. 995, title III, § 309, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525; amended Aug. 12, 1955, ch. 868, § 4, 69 Stat. 713, prescribed procedure in cases of temporary Federal activities, and authorized donation of temporary school facilities.
Section 300, act Sept. 23, 1950, ch. 995, title III, § 310, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526; amended Aug. 31, 1954, ch. 1149, § 6, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 108, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85–267, § 6, 71 Stat. 593, provided for children for whom local agencies are unable to provide education.
Section 301, act Sept. 23, 1950, ch. 995, title III, § 311, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, authorized withholding of payments for noncompliance.
Section 302, act Sept. 23, 1950, ch. 995, title III, § 312, as added Sept. 2, 1957, Pub. L. 85–267, § 7, 71 Stat. 593, defined base year and increase period.
Section 311, act Sept. 23, 1950, ch. 995, title IV, § 401, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526; amended Aug. 12, 1955, ch. 868, § 6, 69 Stat. 715; Aug. 3, 1956, ch. 915, title I, § 109, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85–267, § 8, 71 Stat. 594, authorized assistance in other federally-affected areas.

CHAPTER 15—STUDIES AND RESEARCH ON PROBLEMS IN EDUCATION
§§ 331 to 332b. Omitted
Editorial Notes
Codification
Sections constituted the Cooperative Research Act and terminated on and after July 1, 1975, under provisions of section 402(c)(1) of Pub. L. 93–380. See provisions of Special Projects Act, section 1851 et seq. of this title.
Section 331, acts July 26, 1954, ch. 576, § 1, 68 Stat. 533; Apr. 11, 1965, Pub. L. 89–10, title IV, § 401, 79 Stat. 44, related to Congressional declaration of purpose.
Section 331a, act July 26, 1954, ch. 576, § 2, as added Apr. 11, 1965, Pub. L. 89–10, title IV, § 401, 79 Stat. 44; amended Nov. 3, 1966, Pub. L. 89–750, title I, § 141, 80 Stat. 1202; Jan. 2, 1968, Pub. L. 90–247, title VII, § 706, 81 Stat. 820; Apr. 13, 1970, Pub. L. 91–230, title I, § 143(c), title VIII, §§ 808, 809(c), 84 Stat. 151, 193, 194; June 23, 1972, Pub. L. 92–318, title III, § 303(a)(1), 86 Stat. 333, authorized grants, contracts, and jointly financed arrangements for exemplary projects and management studies, provided for an annual report to Congress, and provided for establishment of an Advisory Council on Research and development, its membership, and appointment of a Chairman.
Section 332, act July 26, 1954, ch. 576, § 3, formerly § 2, 68 Stat. 533, renumbered and amended Apr. 11, 1965, Pub. L. 89–10, title IV, §§ 401, 402, 79 Stat. 44, 46; June 23, 1972, Pub. L. 92–318, title III, § 303(a)(2), 86 Stat. 333, authorized appropriations for fiscal years ending June 30, 1973, 1974, and 1975 of $58,000,000; $68,000,000; and $78,000,000 respectively.
Section 332a, act July 26, 1954, ch. 576, § 4, as added Apr. 11, 1965, Pub. L. 89–10, title IV, § 403, 79 Stat. 46; amended Nov. 3, 1966, Pub. L. 89–750, title I, § 142, 80 Stat. 1203; Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(g)(2), title VIII, § 810, 84 Stat. 174, 194, related to construction of regional facilities, authorizing appropriation of $100,000,000 in the aggregate for fiscal years ending June 30, 1966, through 1970, in subsec. (a); subsec. (b) relating to findings of Commissioner, grants for construction, transfer of title, and operation of facility; subsec. (c), as originally enacted, relating to labor standards; subsec. (d) relating to methods of payment, and subsec. (e) defining “research and related purposes”.
Section 332b, act July 26, 1954, ch. 576, § 5, as added Apr. 11, 1965, Pub. L. 89–10, title IV, § 403, 79 Stat. 47; amended Nov. 3, 1966, Pub. L. 89–750, title I, § 143, 80 Stat. 1203, provided for definitions of “State”, “State educational agency”, “nonprofit”, and “construction” and “cost of construction”.

§§ 333 to 337. Repealed. Pub. L. 91–230, title I, § 143(b), Apr. 13, 1970, 84 Stat. 151

Section 333, act July 26, 1954, ch. 577, § 1, 68 Stat. 533, provided for establishment of a National Advisory Committee on Education in the Department of Health, Education, and Welfare.

Section 334, act July 26, 1954, ch. 577, § 2, 68 Stat. 533, provided for composition of the National Advisory Committee on Education, term of office, and ex officio membership of the Commissioner of Education.

Section 335, act July 26, 1954, ch. 577, § 3, 68 Stat. 534, required minimum of three meetings each calendar year.

Section 336, act July 26, 1954, ch. 577, § 4, 68 Stat. 534, authorized National Advisory Committee to make recommendations, appoint consultants, and submit an annual report to Congress.

Section 337, act July 26, 1954, ch. 577, § 5, 68 Stat. 534, authorized travel expenses and per diem payments but denied compensation to members of the National Advisory Committee.

Sections 333 to 337 were generally superseded by provisions of section 868 of this title providing for a National Council on Quality in Education.

CHAPTER 16—PUBLIC LIBRARY SERVICES AND CONSTRUCTION
§§ 351 to 351g. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section 351, acts June 19, 1956, ch. 407, § 2, 70 Stat. 293; Feb. 11, 1964, Pub. L. 88–269, § 1(a)(1), 78 Stat. 11; July 19, 1966, Pub. L. 89–511, § 2, 80 Stat. 313; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1660; Oct. 7, 1977, Pub. L. 95–123, § 4(a), 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98–480, title I, § 102, 98 Stat. 2236, related to congressional declaration of policy.

Section 351a, act June 19, 1956, ch. 407, § 3, as added Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1660; amended Oct. 19, 1973, Pub. L. 93–133, § 4(a), 87 Stat. 466; Oct. 7, 1977, Pub. L. 95–123, § 4(b), 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98–480, title I, § 103(a), (b)(1), 98 Stat. 2237; Nov. 22, 1985, Pub. L. 99–159, title III, § 301, 99 Stat. 902; Mar. 15, 1990, Pub. L. 101–254, §§ 2, 16(a), 23(b), 104 Stat. 101, 105, 113; July 25, 1991, Pub. L. 102–73, title VIII, § 802(e)(1), 105 Stat. 361, provided definitions for this chapter.

Section 351b, act June 19, 1956, ch. 407, § 4, as added Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93–29, title VIII, § 801(b), 87 Stat. 58; Oct. 7, 1977, Pub. L. 95–123, § 2, 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 4, 98 Stat. 2237; Oct. 31, 1988, Pub. L. 100–569, title I, § 101, 102 Stat. 2862; Mar. 15, 1990, Pub. L. 101–254, § 3, 104 Stat. 101; Oct. 20, 1994, Pub. L. 103–382, title III, § 375(a), 108 Stat. 3978, related to authorization and availability of appropriations and provided for transition to advance funding method of timing appropriation action.

Section 351c, act June 19, 1956, ch. 407, § 5, as added Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93–29, title VIII, § 801(c), 87 Stat. 58; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 105, 98 Stat. 2237, 2238; Nov. 22, 1985, Pub. L. 99–159, title III, § 302(a), 99 Stat. 902; Mar. 15, 1990, Pub. L. 101–254, §§ 4(a), 22(b), 104 Stat. 102, 107; July 25, 1991, Pub. L. 102–73, title VIII, § 802(e)(2), 105 Stat. 361, related to allotments to States and Indian tribes.

Section 351d, act June 19, 1956, ch. 407, § 6, as added Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1663; amended May 3, 1973, Pub. L. 93–29, title VIII, § 801(c), 87 Stat. 59; Aug. 21, 1974, Pub. L. 93–380, title VIII, § 841(b), 88 Stat. 609; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b), 106, 98 Stat. 2237, 2239; Nov. 22, 1985, Pub. L. 99–159, title III, § 302(b), 99 Stat. 903; Mar. 15, 1990, Pub. L. 101–254, §§ 4(b)–6, 104 Stat. 102, 103, required States desiring to receive an allotment under this chapter to have basic State plan in effect, submit annual programs and long-range program, and establish State Advisory Council on Libraries, provided procedure and grounds for Secretary to terminate or limit payments to States, procedure for judicial review of Secretary’s final actions, procedure for receipt of allotments and allocations by Indian tribes, and required Secretary to coordinate programs under this chapter.

Section 351e, act June 19, 1956, ch. 407, § 7, as added Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1665; amended May 3, 1973, Pub. L. 93–29, title VIII, § 801(d), 87 Stat. 59; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 107, 98 Stat. 2237, 2239; Mar. 15, 1990, Pub. L. 101–254, § 7(a), 104 Stat. 103; July 25, 1991, Pub. L. 102–73, title VIII, § 802(e)(3), (4), 105 Stat. 361, 362, related to prerequisites for payments, calculation and promulgation of Federal share for each State, and payment to Indian tribes.

Section 351f, act June 19, 1956, ch. 407, § 8, as added Oct. 7, 1977, Pub. L. 95–123, § 3(a), 91 Stat. 1095; amended Oct. 17, 1984, Pub. L. 98–480, title I, § 108, 98 Stat. 2240, permitted expenditure of funds received under subchapters I and II of this chapter for administrative costs in connection with programs and activities carried out under subchapters I, II, and III of this chapter.

Section 351g, act June 19, 1956, ch. 407, § 9, as added Mar. 15, 1990, Pub. L. 101–254, § 8(a), 104 Stat. 104, prohibited contracting out or transferring from Federal Government certain activities or functions of Department of Education Research Library.

Statutory Notes and Related Subsidiaries
Short TitleAct June 19, 1956, ch. 407, § 1, 70 Stat. 293, as amended by Pub. L. 88–269, § 10(a), Feb. 11, 1964, 78 Stat. 16, which provided that this chapter be cited as the “Library Services and Construction Act”, was repealed by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.

SUBCHAPTER I—PUBLIC LIBRARY SERVICES
§§ 352 to 354. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section 352, acts June 19, 1956, ch. 407, title I, § 101, formerly § 3, 70 Stat. 293; Aug. 31, 1960, Pub. L. 86–679, § 1, 74 Stat. 571; renumbered title I, § 101, and amended Feb. 11, 1964, Pub. L. 88–269, §§ 1(a)(2), 2, 7(a), 78 Stat. 11–13; July 19, 1966, Pub. L. 89–511, § 3, 80 Stat. 313; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1666; Oct. 7, 1977, Pub. L. 95–123, § 4(c), 91 Stat. 1096; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 109, 98 Stat. 2237, 2240; Mar. 15, 1990, Pub. L. 101–254, §§ 9–12, 16(b), 24(2), 104 Stat. 104, 105, 113, authorized Secretary to make grants to States for public library services.

Section 353, acts June 19, 1956, ch. 407, title I, § 102, formerly § 4, 70 Stat. 293; Aug. 1, 1956, ch. 852, § 25(a), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86–679, § 2, 74 Stat. 571; Sept. 25, 1962, Pub. L. 87–688, § 5(a)(1), 76 Stat. 587; renumbered title I, § 102, and amended Feb. 11, 1964, Pub. L. 88–269, §§ 1(b), 3, 7(a), 78 Stat. 11–13; July 19, 1966, Pub. L. 89–511, §§ 4, 12(a), 80 Stat. 313, 318; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1667; Oct. 7, 1977, Pub. L. 95–123, §§ 3(b), 4(d), (e), 91 Stat. 1095, 1096; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 110, 98 Stat. 2237, 2240; Nov. 22, 1985, Pub. L. 99–159, title III, §§ 303(b), 304, 99 Stat. 903; Mar. 15, 1990, Pub. L. 101–254, §§ 13, 14, 104 Stat. 105, enumerated uses of Federal funds and provided for reservation of State allotments.

Section 354, acts June 19, 1956, ch. 407, title I, § 103, formerly § 5, 70 Stat. 293; renumbered title I, § 103, and amended Feb. 11, 1964, Pub. L. 88–269, §§ 1(c), 4, 7(a), 78 Stat. 11–13; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1667; Oct. 7, 1977, Pub. L. 95–123, §§ 4(f), 5, 91 Stat. 1096, 1097; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 111, 98 Stat. 2237, 2241; Mar. 15, 1990, Pub. L. 101–254, §§ 7(b), 15, 104 Stat. 103, 105, required States to submit annual program for library services with certain specific content requirements, limited reduction of funds to urban resource library, and provided for ratable reduction of required State expenditures.

A prior section 355, acts June 19, 1956, ch. 407, title I, § 104, formerly § 6, 70 Stat. 295; Aug. 1, 1956, ch. 852, § 25(b), (c), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86–679, §§ 3, 4, 74 Stat. 571; Sept. 25, 1962, Pub. L. 87–688, § 5(a)(2), (3), 76 Stat. 587; renumbered and amended Feb. 11, 1964, Pub. L. 88–269, §§ 5, 6, 7(a), (c)–(e), 78 Stat. 12–14; July 19, 1966, Pub. L. 89–511, §§ 5, 8, 12(a), (b), 80 Stat. 313, 318, related to the conditions under which payments were to be made to States, the amount of such payments, and the determination and promulgation of the Federal share, and was omitted in the general amendment of this chapter by Pub. L. 91–600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

SUBCHAPTER II—PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT
§§ 355a to 355c. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section 355a, act June 19, 1956, ch. 407, title II, § 201, as added Feb. 11, 1964, Pub. L. 88–269, § 7(a), 78 Stat. 13; amended July 19, 1966, Pub. L. 89–511, § 6, 80 Stat. 313; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1668; Oct. 17, 1984, Pub. L. 98–480, title I, § 103(b)(1), 98 Stat. 2237; Mar. 15, 1990, Pub. L. 101–254, § 16(c)(2), (3), 104 Stat. 106, related to grants to States for public library construction and library and information technology enhancement.

Section 355b, act June 19, 1956, ch. 407, title II, § 202, as added Feb. 11, 1964, Pub. L. 88–269, § 7(a), 78 Stat. 13; amended July 19, 1966, Pub. L. 89–511, §§ 7, 12(a), 80 Stat. 313, 318; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1668; Oct. 7, 1977, Pub. L. 95–123, § 6, 91 Stat. 1097; Oct. 17, 1984, Pub. L. 98–480, title I, § 112(a), (b)(1), 98 Stat. 2241; Mar. 15, 1990, Pub. L. 101–254, § 16(c)(3), (4), 104 Stat. 106, related to Federal share of cost of construction and technology enhancement projects carried under State plans and recovery by United States of value of grant.

Section 355c, act June 19, 1956, ch. 407, title II, § 203, as added Feb. 11, 1964, Pub. L. 88–269, § 7(a), 78 Stat. 13; amended Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(g)(3), 84 Stat. 174; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1668; Oct. 17, 1984, Pub. L. 98–480, title I, § 103(b)(1), 98 Stat. 2237; Mar. 15, 1990, Pub. L. 101–254, §§ 16(c)(3), (5), 17, 104 Stat. 106, required submission of annual program for construction and technology enhancement of public libraries by any State desiring to receive grant from its allotment and specified contents of such program.

A prior section 355d, act June 19, 1956, ch. 407, title II, § 204, as added Feb. 11, 1964, Pub. L. 88–269, § 7(a), 78 Stat. 14; amended July 19, 1966, Pub. L. 89–511, §§ 5(b), (8), 80 Stat. 313, related to payment to States of Federal share and determination of amount of such payment, and was omitted in the general amendment of this chapter by Pub. L. 91–600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

SUBCHAPTER III—INTERLIBRARY COOPERATION AND RESOURCE SHARING
§§ 355e to 355e–4. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section 355e, act June 19, 1956, ch. 407, title III, § 301, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 314; amended Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1668; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 113(b), 98 Stat. 2237, 2242; Mar. 15, 1990, Pub. L. 101–254, § 18(a), 104 Stat. 106, authorized Secretary to make grants to States for interlibrary cooperation and resource sharing.

Section 355e–1, act June 19, 1956, ch. 407, title III, § 302, as added and amended July 19, 1966, Pub. L. 89–511, §§ 9, 12(a), 80 Stat. 314, 318; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1669; Mar. 15, 1990, Pub. L. 101–254, § 16(d), 104 Stat. 106, related to payment and amount of Federal share of cost of carrying out State plans submitted and approved under section 355e–2 of this title.

Section 355e–2, act June 19, 1956, ch. 407, title III, § 303, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 314; amended Nov. 24, 1967, Pub. L. 90–154, § 1, 81 Stat. 509; Dec. 30, 1970, Pub. L. 91–600, § 2(b), 84 Stat. 1669; Oct. 17, 1984, Pub. L. 98–480, title I, §§ 103(b)(1), 113(c), 98 Stat. 2237, 2242, required submission of annual program for interlibrary cooperation by any State desiring to receive grant from its allotment and specified contents of such program.

Section 355e–3, act June 19, 1956, ch. 407, title III, § 304, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 113(d), 98 Stat. 2242; amended Mar. 15, 1990, Pub. L. 101–254, § 18, 104 Stat. 106, related to statewide resource sharing plans in State annual and long-term programs.

A prior section 355e–3, act June 19, 1956, ch. 407, title III, § 304, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 314, set forth the criteria for approval by the Commissioner of State plans for interlibrary cooperation, prior to the general amendment of this chapter by Pub. L. 91–600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

Section 355e–4, act June 19, 1956, ch. 407, title III, § 305, as added Mar. 15, 1990, Pub. L. 101–254, § 19, 104 Stat. 106, related to statewide preservation cooperation plans in State annual and long-range programs, specified plan compliance requirements, authorized use of funds to carry out such plans, and granted State library administrative agency authority to contract part or all of preservation program under this section to other agencies or institutions.

Prior sections 355f to 358 were omitted in the general amendment of this chapter by Pub. L. 91–600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

Prior sections 355f to 355f–7 comprised former subchapter IV of this chapter relating to specialized State library services.

Prior sections 356 to 358 comprised former subchapter V of this chapter relating to the administration of this chapter.

Section 355f, act June 19, 1956, ch. 407, title IV, § 401, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 315, authorized appropriations for State institutional library services.

Section 355f–1, act June 19, 1956, ch. 407, title IV, § 402, as added and amended July 19, 1966, Pub. L. 89–511, §§ 9, 12(a), 80 Stat. 315, 318, set forth the amount of allotments authorized to be made by the Commissioner to States, Guam, etc.

Section 355f–2, act June 19, 1956, ch. 407, title IV, § 403, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 315; amended Nov. 24, 1967, Pub. L. 90–154, § 2, 81 Stat. 509, related to the payment to the States of the Federal share and the determination of the amount of such payment.

Section 355f–3, act June 19, 1956, ch. 407, title IV, § 404, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 316; amended Nov. 24, 1967, Pub. L. 90–154, § 3, 81 Stat. 509, set forth the criteria for approval by the Commissioner of State plans for institutional library services.

Section 355f–4, act June 19, 1956, ch. 407, title IV, § 411, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 316, authorized appropriations for State library services to the physically handicapped.

Section 355f–5, act June 19, 1956, ch. 407, title IV, § 412, as added and amended July 19, 1966, Pub. L. 89–511, §§ 9, 12(a), 80 Stat. 316, 318, set forth the amount of allotments authorized to be made by the Commissioner to States, Guam, etc.

Section 355f–6, act June 19, 1956, ch. 407, title IV, § 413, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 317; amended Nov. 24, 1967, Pub. L. 90–154, § 4, 81 Stat. 509, related to the payment to the States of the Federal share and the determination of the amount of such payment.

Section 355f–7, act June 19, 1956, ch. 407, title IV, § 414, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 317; amended Nov. 24, 1967, Pub. L. 90–154, § 5, 81 Stat. 509, set forth the criteria for approval by the Commissioner of State plans for library services to the physically handicapped.

Section 356, act June 19, 1956, ch. 407, title V, § 501, formerly § 7, 70 Stat. 295, renumbered § 301 and amended Feb. 11, 1964, Pub. L. 88–269, § 7(f), (g), 78 Stat. 14, renumbered § 501, July 19, 1966, Pub. L. 89–511, § 10(b), 80 Stat. 317, authorized the Commissioner to withhold payments to the States, enumerated the grounds for such withholding, and provided that notice and an opportunity for a hearing to be accorded to the appropriate State agency.

Section 357, act June 19, 1956, ch. 407, title V, § 502, formerly § 8, 70 Stat. 295, renumbered § 302 and amended Feb. 11, 1964, Pub. L. 88–269, §§ 1(d), 7(f), 8, 78 Stat. 11, 14, 15, renumbered § 502 and amended July 19, 1966, Pub. L. 89–511, § 10(b), (c), (e), 80 Stat. 317, 318, set forth the administrative provisions of this chapter.

Section 357a, act June 19, 1956, ch. 407, title V, § 503, formerly § 303, as added Feb. 11, 1964, Pub. L. 88–269, § 7(h), 78 Stat. 14, renumbered and amended July 19, 1966, Pub. L. 89–511, § 10(b), 80 Stat. 317, provided for the reallotment of unused funds under conditions determined by the Commissioner.

Section 358, act June 19, 1956, ch. 407, title V, § 504, formerly § 9, 70 Stat. 296; Aug. 1, 1956, ch. 852, § 25(d), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86–679, § 5, 74 Stat. 572; Sept. 25, 1962, Pub. L. 87–688, § 5(a)(3), 76 Stat. 587, renumbered § 304 and amended Feb. 11, 1964, Pub. L. 88–269, §§ 1(e), 7(b), (f), 9, 78 Stat. 11, 14, 16, renumbered § 504, and amended July 19, 1966, Pub. L. 89–511, §§ 10(b), 12(a), 80 Stat. 317, 318; Nov. 24, 1967, Pub. L. 90–154, § 6, 81 Stat. 509, defined the terms “State”, “State library administrative agency”, “public library”, “construction”, and “Secretary”.

SUBCHAPTER IV—LIBRARY SERVICES FOR INDIAN TRIBES
§§ 361 to 366. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section 361, act June 19, 1956, ch. 407, title IV, § 401, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 114, 98 Stat. 2243, related to congressional findings and purpose of this subchapter and authorization of grants.

A prior section 361, act June 19, 1956, ch. 407, title IV, § 401, as added May 3, 1973, Pub. L. 93–29, title VIII, § 801(a), 87 Stat. 57; amended Oct. 17, 1984, Pub. L. 98–480, title I, § 103(b)(1), 98 Stat. 2237, related to grants to States for older readers services, prior to the general amendment of this subchapter by section 114 of Pub. L. 98–480.

Section 362, act June 19, 1956, ch. 407, title IV, § 402, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 114, 98 Stat. 2243, specified permitted uses of funds, required maintenance of funding level for public library services, and provided that nothing in this chapter be construed to prohibit restricted collections of tribal cultural materials with funds made available under this chapter.

A prior section 362, act June 19, 1956, ch. 407, title IV, § 402, as added May 3, 1973, Pub. L. 93–29, title VIII, § 801(a), 87 Stat. 57, related to use of Federal funds and the amount of the Federal share for the cost of carrying out State plans for the provision of older readers’ services, prior to the general amendment of this subchapter by section 114 of Pub. L. 98–480.

Section 363, act June 19, 1956, ch. 407, title IV, § 403, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 114, 98 Stat. 2244, related to applications for library services to Indians.

A prior section 363, act June 19, 1956, ch. 407, title IV, § 403, as added May 3, 1973, Pub. L. 93–29, title VIII, § 801(a), 87 Stat. 58; amended Oct. 17, 1984, Pub. L. 98–480, title I, § 103(b)(1), 98 Stat. 2237, related to State annual programs for library services for the elderly, prior to the general amendment of this subchapter by section 114 of Pub. L. 98–480.

Section 364, act June 19, 1956, ch. 407, title IV, § 404, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 114, 98 Stat. 2244, required submission of plans for library services, on or near Indian reservation, by Indian tribes desiring to receive special project grant.

A prior section 364, act June 19, 1956, ch. 407, title IV, § 404, as added May 3, 1973, Pub. L. 93–29, title VIII, § 801(a), 87 Stat. 58; amended Oct. 1, 1973, Pub. L. 93–113, title VI, § 601(d), 87 Stat. 416; Oct. 17, 1984, Pub. L. 98–480, title I, § 103(b)(1), 98 Stat. 2237, related to administrative coordination between programs for older readers services under this subchapter with other programs for older Americans, prior to the general amendment of this subchapter by section 114 of Pub. L. 98–480.

Section 365, act June 19, 1956, ch. 407, title IV, § 405, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 114, 98 Stat. 2244, provided for coordination of programs under this subchapter with other programs for Indians.

Section 366, act June 19, 1956, ch. 407, title IV, § 406, as added Nov. 22, 1985, Pub. L. 99–159, title III, § 305, 99 Stat. 903, excluded Indian tribes and Indians in California, Oklahoma, and Alaska from provisions of this subchapter requiring that services be provided on or near Indian reservations, or to only those Indians who live on or near Indian reservations.

A prior subchapter IV of this chapter, comprising sections 355f to 355f–7 of this title, related to specialized State library services, prior to the general amendment of this chapter by Pub. L. 91–600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

SUBCHAPTER V—FOREIGN LANGUAGE MATERIALS ACQUISITION
§ 371. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section, act June 19, 1956, ch. 407, title V, § 501, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 115, 98 Stat. 2244; amended Mar. 15, 1990, Pub. L. 101–254, § 20, 104 Stat. 107, related to grants for foreign language material acquisition.

A prior subchapter V of this chapter, comprising sections 356 to 358 of this title, related to administration of this chapter, prior to the general amendment of this chapter by Pub. L. 91–600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

SUBCHAPTER VI—LIBRARY LITERACY PROGRAMS
§ 375. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section, act June 19, 1956, ch. 407, title VI, § 601, as added Oct. 17, 1984, Pub. L. 98–480, title I, § 115, 98 Stat. 2245; amended Mar. 15, 1990, Pub. L. 101–254, § 21, 104 Stat. 107; July 25, 1991, Pub. L. 102–73, title V, § 502, 105 Stat. 356, related to State and local library grants.

SUBCHAPTER VII—EVALUATION AND ASSESSMENT
§ 381. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section, act June 19, 1956, ch. 407, title VII, § 701, as added Mar. 15, 1990, Pub. L. 101–254, § 22(a), 104 Stat. 107, authorized Secretary to carry out program for purpose of evaluating and assessing programs authorized under this chapter.

SUBCHAPTER VIII—LIBRARY LEARNING CENTER PROGRAMS
Part A—Family Learning Centers
§§ 385 to 385e. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section 385, act June 19, 1956, ch. 407, title VIII, § 801, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 107, related to congressional statement of purpose of this part.

Section 385a, act June 19, 1956, ch. 407, title VIII, § 802, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 108, related to grants for family learning centers.

Section 385b, act June 19, 1956, ch. 407, title VIII, § 803, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 108, provided that funds made available under this part be used for initiation, expansion, and improvement of public library services, acquisition of resources and materials in print and electronic formats, and acquisition of computer hardware and software.

Section 385c, act June 19, 1956, ch. 407, title VIII, § 804, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 108, related to application to Secretary by local public library wishing to receive grant under this part.

Section 385d, act June 19, 1956, ch. 407, title VIII, § 805, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 109, provided for selection of family learning centers via competitive process, required equitable distribution of grants among States and between urban and rural communities under this subchapter, and established maximum amount per grant for any fiscal year.

Section 385e, act June 19, 1956, ch. 407, title VIII, § 806, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 109; amended Oct. 20, 1994, Pub. L. 103–382, title III, § 375(b), 108 Stat. 3979, authorized appropriations to carry out this part.

Part B—Library Literacy Centers
§§ 386 to 386g. Repealed. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312

Section 386, act June 19, 1956, ch. 407, title VIII, § 811, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 109, related to congressional statement of purpose of this part.

Section 386a, act June 19, 1956, ch. 407, title VIII, § 812, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 110, related to grants to States for library literacy centers.

Section 386b, act June 19, 1956, ch. 407, title VIII, § 813, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 110, required any State wishing to receive grant to submit to Secretary, through its State library administrative agency, application containing certain required information and assurances, and permitted Secretary to consider priority programs and services in approving such application.

Section 386c, act June 19, 1956, ch. 407, title VIII, § 814, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 111, required library literacy centers to use funds made available under this part to initiate, expand, and improve literacy services and programs, and provided that no more than 25 percent of grant be used by each center to acquire literacy education computers and computer software.

Section 386d, act June 19, 1956, ch. 407, title VIII, § 815, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 111, required any local public library desiring to participate in programs and services conducted pursuant to this part to submit application to State or library literacy center, as selected by State under section 386f of this title, and listed requisite content of such application.

Section 386e, act June 19, 1956, ch. 407, title VIII, § 816, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 112, related to State advisory committees to assist in coordinating services and programs assisted under this part.

Section 386f, act June 19, 1956, ch. 407, title VIII, § 817, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 112, related to selection of literacy learning centers.

Section 386g, act June 19, 1956, ch. 407, title VIII, § 818, as added Mar. 15, 1990, Pub. L. 101–254, § 23(a), 104 Stat. 113; amended Oct. 20, 1994, Pub. L. 103–382, title III, § 375(c), 108 Stat. 3979, related to authorization of appropriations for this part.

CHAPTER 17—NATIONAL DEFENSE EDUCATION PROGRAM

SUBCHAPTER I—GENERAL PROVISIONS

Sec.

401 to 403.Omitted or Repealed.

SUBCHAPTER II—LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER LEARNING

421 to 429.Omitted or Repealed.

SUBCHAPTER III—FINANCIAL ASSISTANCE FOR STRENGTHENING INSTRUCTION IN ACADEMIC SUBJECTS

Part A—Grants to States

441 to 445.Omitted.

Part B—Grants to Local Educational Agencies

451 to 455.Omitted.

SUBCHAPTER IV—NATIONAL DEFENSE FELLOWSHIPS

461 to 465.Omitted.

SUBCHAPTER V—GUIDANCE, COUNSELING, AND TESTING; IDENTIFICATION AND ENCOURAGEMENT OF ABLE STUDENTS

Part A—State Programs

481 to 485.Omitted.

Part B—Counseling and Guidance Training Institutes

491.Omitted.

SUBCHAPTER VI—FOREIGN STUDIES AND LANGUAGE DEVELOPMENT

Part A—Centers and Research and Studies

511 to 513.Repealed.

Part B—Language Institutes

521.Repealed.

SUBCHAPTER VII—RESEARCH AND EXPERIMENTATION IN MORE EFFECTIVE UTILIZATION OF TELEVISION, RADIO, MOTION PICTURES, AND RELATED MEDIA FOR EDUCATIONAL PURPOSES

Part A—Research and Experimentation

541, 542.Omitted.

Part B—Dissemination of Information on New Educational Media

551.Omitted.

Part C—General Provisions

561 to 563.Omitted.

SUBCHAPTER VIII—MISCELLANEOUS PROVISIONS

581 to 589.Omitted or Repealed.

SUBCHAPTER IX—INSTITUTES

Part I—General

591, 592.Omitted.

Part II—International Affairs

601, 602.Omitted.

SUBCHAPTER I—GENERAL PROVISIONS
§ 401. Omitted
Editorial Notes
Codification
The programs provided for in this chapter have not been funded for a number of years. See Codification notes set out under sections 421, 441, 451, 461, 481, 541, and 591 of this title.
Section, Pub. L. 85–864, title I, § 101, Sept. 2, 1958, 72 Stat. 1581; Pub. L. 88–665, title I, § 101, Oct. 16, 1964, 78 Stat. 1100, provided findings and declaration of policy for National Defense Education Act of 1958.

§ 402. Repealed. Pub. L. 91–230, title IV, § 401(f)(2), Apr. 13, 1970, 84 Stat. 173

Section, Pub. L. 85–864, title I, § 102, Sept. 2, 1958, 72 Stat. 1582, prohibited Federal control of education (curriculum, program of instruction, administration, or personnel of any educational institution or school system. See section 1232a of this title.

§ 403. Omitted
Editorial Notes
Codification
Section, Pub. L. 85–864, title I, § 103, Sept. 2, 1958, 72 Stat. 1582; Pub. L. 86–70, § 18(a)(1), June 25, 1959, 73 Stat. 144; Pub. L. 86–624, § 14(a)(1), July 12, 1960, 74 Stat. 413; Pub. L. 88–210, title II, § 201, formerly § 21, Dec. 18, 1963, 77 Stat. 415, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title I, §§ 102, 103, Oct. 16, 1964, 78 Stat. 1100; Pub. L. 89–329, title IV, § 491, formerly § 461, Nov. 8, 1965, 79 Stat. 1251, renumbered Pub. L. 90–575, title I, § 141, Oct. 16, 1968, 82 Stat. 1030; Pub. L. 89–752, § 16(b), Nov. 3, 1966, 80 Stat. 1245; Pub. L. 90–575, title I, § 174(a), title III, § 351(c), Oct. 16, 1968, 82 Stat. 1035, 1058; Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 272; Pub. L. 94–482, title V, § 501(m)(1), Oct. 12, 1976, 90 Stat. 2237; Pub. L. 96–88, title III, § 301(a)(1), (2)(F), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, defined terms “State”, “institution of higher education”, “Secretary”, “State educational agency”, “school-age population”, “elementary school”, “secondary school”, “public”, “nonprofit”, “local educational agency”, “school of nursing”, “collegiate school of nursing”, “associate degree school of nursing”, and “accredited”. See Codification note set out under section 401 of this title.

SUBCHAPTER II—LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER LEARNING
§§ 421 to 425. Omitted
Editorial Notes
Codification
This subchapter has not been funded since fiscal year 1975.
Section 421, Pub. L. 85–864, title II, § 201, Sept. 2, 1958, 72 Stat. 1583; Pub. L. 87–344, title II, § 201(a), Oct. 3, 1961, 75 Stat. 759; Pub. L. 88–210, title II, § 202(a), formerly § 22(a), Dec. 18, 1963, 77 Stat. 415, renumbered Pub. L. 90–576, title II, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title II, § 201, Oct. 16, 1964, 75 Stat. 1100; Pub. L. 89–752, § 15, Nov. 3, 1966, 80 Stat. 1245; Pub. L. 90–575, title I, § 171(a), Oct. 16, 1968, 82 Stat. 1034; Pub. L. 91–95, § 3, Oct. 22, 1969, 83 Stat. 143; Pub. L. 92–318, title I, § 137(a)(1), June 23, 1972, 86 Stat. 272; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, authorized appropriations for the years ending June 30, 1959, to June 30, 1972, and each of the next three fiscal years as necessary, for low-interest loans to students in institutes of higher education under sections 421 to 425 and 427 to 429 of this title.
Section 422, Pub. L. 85–864, title II, § 202, Sept. 2, 1958, 72 Stat. 1583; Pub. L. 87–344, title II, § 201(b), Oct. 3, 1961, 75 Stat. 759; Pub. L. 88–210, title II, § 202(b), formerly § 22(b), Dec. 18, 1963, 77 Stat. 416, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title II, § 202, Oct. 16, 1964, 78 Stat. 1101; Pub. L. 90–575, title I, § 171(b), Oct. 16, 1968, 82 Stat. 1034; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to allotments to States from funds appropriated under section 421 of this title.
Section 423, Pub. L. 85–864, title II, § 203, Sept. 2, 1958, 72 Stat. 1584; Pub. L. 88–210; title II, § 202(c), formerly § 22(c), Dec. 18, 1963, 77 Stat. 416, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title II, § 203, Oct. 16, 1964, 78 Stat. 1101; Pub. L. 90–575, title I, § 174(b), Oct. 16, 1968, 82 Stat. 1035; Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 272; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to Federal capital contributions to State institutions of higher education.
Section 424, Pub. L. 85–864, title II, § 204, Sept. 2, 1958, 72 Stat. 1584; Pub. L. 88–665, title II, § 204(a), Oct. 16, 1964, 78 Stat. 1101; Pub. L. 89–329, title IV, §§ 492, 496(b), formerly §§ 462, 466(b), Nov. 8, 1965, 79 Stat. 1252, 1254, renumbered and amended Pub. L. 90–575, title I, §§ 141, 172, 175, Oct. 16, 1968, 82 Stat. 1030, 1034, 1035; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to conditions of agreements between Secretary of Education and institutions of higher education and reimbursement of administrative expenses to such institutions.
Section 425, Pub. L. 85–864, title II, § 205, Sept. 2, 1958, 72 Stat. 1584; Pub. L. 87–293, title I, § 20, Sept. 22, 1961, 75 Stat. 623; Pub. L. 87–400, § 1(a), Oct. 5, 1961, 75 Stat. 832; Pub. L. 88–210, title II, § 202(d)(1), (2), formerly § 22(d)(1), (2), Dec. 18, 1963, 77 Stat. 416, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title II, § 205(a), (b), Oct. 16, 1964, 78 Stat. 1101, 1102; Pub. L. 89–253, § 31(a), Oct. 9, 1965, 79 Stat. 979; Pub. L. 89–329, title IV, §§ 493(a), (b), 494(a), 495(a), 496(a), formerly §§ 463(a), (b), 464(a), 465(a), 466(a), Nov. 8, 1965, 79 Stat. 1252, 1253; Pub. L. 89–572, § 5(a), Sept. 13, 1966, 80 Stat. 765; Pub. L. 89–752, § 16(a), Nov. 3, 1966, 80 Stat. 1245; Pub. L. 89–794, title XI, § 1101(a), Nov. 8, 1966, 80 Stat. 1476; renumbered and amended Pub. L. 90–575, title I, §§ 141, 173(a), Oct. 16, 1968, 82 Stat. 1030, 1034; Pub. L. 91–230, title V, § 501(a), Apr. 13, 1970, 84 Stat. 174; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to terms of loans made to students from loan funds established by institutions of higher education.

§ 426. Repealed. Pub. L. 92–318, title I, § 137(d)(2), June 23, 1972, 86 Stat. 280

Section, Pub. L. 85–864, title II, § 206, Sept. 2, 1958, 72 Stat. 1586; Pub. L. 87–344, title II, § 201(c), Oct. 3, 1961, 75 Stat. 759; Pub. L. 88–210, title II, § 202(e), formerly § 22(e), Dec. 18, 1963, 77 Stat. 416, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title II, § 206, Oct. 16, 1964, 78 Stat. 1102; Pub. L. 90–575, title I, § 171(c), Oct. 16, 1968, 82 Stat. 1034, provided for distributions of assets from student loan funds. See section 1087ff of this title.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective June 23, 1972, see section 137(d)(2) of Pub. L. 92–318.

§§ 427 to 429. Omitted
Editorial Notes
Codification
This subchapter has not been funded since fiscal year 1975.
Section 427, Pub. L. 85–864, title II, § 207, Sept. 2, 1958, 72 Stat. 1587; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to loans to help finance an institution’s capital contribution to a student loan fund.
Section 428, Pub. L. 85–864, title II, § 208, Sept. 2, 1958, 72 Stat. 1587; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to payments to cover reductions in amounts of student loans.
Section 429, Pub. L. 85–864, title II, § 209, Sept. 2, 1958, 72 Stat. 1587; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, contained administrative provisions relating to modification of agreements and loans, compromise, waiver, or release of rights, and finality and conclusiveness of financial transactions and vouchers of the Secretary.

SUBCHAPTER III—FINANCIAL ASSISTANCE FOR STRENGTHENING INSTRUCTION IN ACADEMIC SUBJECTS
Part A—Grants to States
§§ 441 to 445. Omitted
Editorial Notes
Codification
This part has not been funded since the fiscal year ending prior to Oct. 1, 1978.
Section 441, Pub. L. 85–864, title III, § 301, Sept. 2, 1958, 72 Stat. 1588; Pub. L. 87–344, title II, § 202(a), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 203(a), formerly § 23(a), Dec. 18, 1963, 77 Stat. 416, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title III, § 302, Oct. 16, 1964, 78 Stat. 1103; Pub. L. 89–329, title IV, § 497(a)(2), formerly § 467(a)(2), Nov. 8, 1965, 79 Stat. 1254; Pub. L. 89–752, § 17(b), Nov. 3, 1966, 80 Stat. 1245; renumbered and amended Pub. L. 90–575, title I, § 141, title III, §§ 301(a), (b), 304(b), Oct. 16, 1968, 82 Stat. 1030, 1052, 1053; Pub. L. 91–230, title VIII, § 807(a)(3), Apr. 13, 1970, 84 Stat. 192; Pub. L. 92–318, title V, § 502, June 23, 1972, 86 Stat. 345; Pub. L. 93–380, title VI, § 651(a), Aug. 21, 1974, 88 Stat. 588; Pub. L. 94–482, title III, § 301, title V, § 501(k)(1), Oct. 12, 1976, 90 Stat. 2215, 2237; Pub. L. 95–112, § 4, Sept. 24, 1977, 91 Stat. 912, authorized appropriations for the fiscal year ending June 30, 1959, through the fiscal year ending prior to Oct. 1, 1978, for payments to State educational agencies under sections 441 to 445 of this title.
Section 442, Pub. L. 85–864, title III, § 302, Sept. 2, 1958, 72 Stat. 1588; Pub. L. 86–70, § 18(a)(2), June 25, 1959, 73 Stat. 144; Pub. L. 86–624, § 14(a)(2)(A), (C), July 12, 1960, 74 Stat. 413; Pub. L. 87–344, title II, § 202(b), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 203(b), formerly § 23(b), Dec. 18, 1963, 77 Stat. 416, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title III, § 303, Oct. 16, 1964, 78 Stat. 1103; Pub. L. 90–575, title III, §§ 303(b), 304(b), 351(b), Oct. 16, 1968, 82 Stat. 1053, 1058; Pub. L. 94–482, title V, § 501(m)(2), Oct. 12, 1976, 90 Stat. 2237; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to allotments to States from funds appropriated under section 441 of this title.
Section 443, Pub. L. 85–864, title III, § 303, Sept. 2, 1958, 72 Stat. 1589; Pub. L. 88–210, title II, § 203(c), formerly § 23(c), Dec. 18, 1963, 77 Stat. 417, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title III, § 304, Oct. 16, 1964, 78 Stat. 1103; Pub. L. 89–329, title IV, § 497(a)(1), formerly § 467(a)(1), Nov. 8, 1965, 79 Stat. 1254; Pub. L. 89–752, § 17(a), Nov. 3, 1966, 80 Stat. 1245; renumbered and amended Pub. L. 90–575, title I, § 141, title III, §§ 302, 304(b), Oct. 16, 1968, 82 Stat. 1030, 1052, 1053; Pub. L. 91–230, title VIII, § 807(a)(1), (2), Apr. 13, 1970, 84 Stat. 192; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to the requirements of State plans of any State desiring to receive payments under sections 441 to 445 of this title.
Section 444, Pub. L. 85–864, title III, § 304, Sept. 2, 1958, 72 Stat. 1589; Pub. L. 87–344, title II, § 202(c), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 203(d), formerly § 23(d), Dec. 18, 1963, 77 Stat. 417, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title III, § 305, Oct. 16, 1964, 78 Stat. 1104; Pub. L. 90–575, title III, § 301(c), Oct. 16, 1968, 82 Stat. 1052; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to payments to States with plans approved under section 443 of this title.
Section 445, Pub. L. 85–864, title III, § 305, Sept. 2, 1958, 72 Stat. 1590; Pub. L. 88–665, title III, § 306, Oct. 16, 1964, 78 Stat. 1104; Pub. L. 90–575, title III, § 303(a), Oct. 16, 1968, 82 Stat. 1053; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to loans to private nonprofit elementary and secondary schools in any State.

Part B—Grants to Local Educational Agencies
§§ 451 to 455. Omitted
Editorial Notes
Codification
This part has not been funded since fiscal year 1971.
Section 451, Pub. L. 85–864, title III, § 311, as added Pub. L. 90–575, title III, § 304(b), Oct. 16, 1968, 82 Stat. 1054, authorized appropriations for the years ending June 30, 1969, to June 30, 1971, for carrying out the provisions of sections 451 to 455 of this title.
Section 452, Pub. L. 85–864, title III, § 312, as added Pub. L. 90–575, title III, § 304(b), Oct. 16, 1968, 82 Stat. 1054; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to allotments to local educational agencies from funds appropriated under section 451 of this title.
Section 453, Pub. L. 85–864, title III, § 313, as added Pub. L. 90–575, title III, § 304(b), Oct. 16, 1968, 82 Stat. 1054; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to applications for funds by local educational agencies, approved by the appropriate State educational agency.
Section 454, Pub. L. 85–864, title III, § 314, as added Pub. L. 90–575, title III, § 304(b), Oct. 16, 1968, 82 Stat. 1055; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to the requirements for applications of States desiring to participate in programs under sections 451 to 455 of this title.
Section 455, Pub. L. 85–864, title III, § 315, as added Pub. L. 90–575, title III, § 304(b), Oct. 16, 1968, 82 Stat. 1055; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to payments to States for distribution to eligible local educational agencies of such States.

SUBCHAPTER IV—NATIONAL DEFENSE FELLOWSHIPS
§§ 461 to 465. Omitted
Editorial Notes
Codification
Fellowships under this subchapter have not been authorized since the fiscal year ending June 30, 1973.
Section 461, Pub. L. 85–864, title IV, § 401, Sept. 2, 1958, 72 Stat. 1590, authorized appropriations to carry out sections 461 to 465 of this title.
Section 462, Pub. L. 85–864, title IV, § 402, Sept. 2, 1958, 72 Stat. 1591; Pub. L. 87–344, title II, § 203, Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 204(a), (b), formerly § 24(a), (b), Dec. 18, 1963, 77 Stat. 417, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title IV, § 401, Oct. 16, 1964, 78 Stat. 1104; Pub. L. 90–575, title III, §§ 311(a), 312(a), Oct. 16, 1968, 82 Stat. 1056; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to the number of fellowships to be awarded.
Section 463, Pub. L. 85–864, title IV, § 403, Sept. 2, 1958, 72 Stat. 1591; Pub. L. 88–665, title IV, § 402(a)–(c), Oct. 16, 1964, 78 Stat. 1104; Pub. L. 90–575, title III, §§ 311(b), 312(c), 314, Oct. 16, 1968, 82 Stat. 1056, 1057; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, contained requirements and limitations relating to the awarding of fellowships.
Section 464, Pub. L. 85–864, title IV, § 404, Sept. 2, 1958, 72 Stat. 1591; Pub. L. 88–210, title II, § 204(c), formerly § 24(c), Dec. 18, 1963, 77 Stat. 417, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title IV, § 403, Oct. 16, 1964, 78 Stat. 1105; Pub. L. 90–575, title III, § 313(a), Oct. 16, 1968, 82 Stat. 1056; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to payment of stipends to persons awarded scholarships and payments to institutions of higher education at which such persons were pursuing courses of study.
Section 465, Pub. L. 85–864, title IV, § 405, Sept. 2, 1958, 72 Stat. 1591; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, provided for conditions relating to continued receipt of payments under section 464 of this title to persons awarded fellowships.

SUBCHAPTER V—GUIDANCE, COUNSELING, AND TESTING; IDENTIFICATION AND ENCOURAGEMENT OF ABLE STUDENTS
Part A—State Programs
§§ 481 to 485. Omitted
Editorial Notes
Codification
This subchapter is no longer funded and was superseded by title III of the Elementary and Secondary Education Act of 1965, which was classified to subchapter II of chapter 24 of this title. Subchapter II of chapter 24 of this title was omitted in the general revision of title III of the Elementary and Secondary Education Act of 1965 by Pub. L. 95–561.
Section 481, Pub. L. 85–864, title V, § 501, Sept. 2, 1958, 72 Stat. 1592; Pub. L. 87–344, title II, § 204(a), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 205(a), formerly, § 25(a), Dec. 18, 1963, 77 Stat. 417, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title V, § 501, Oct. 16, 1964, 78 Stat. 1105; Pub. L. 90–575, title III, § 321(a), Oct. 16, 1968, 82 Stat. 1057, authorized appropriations for the years ending June 30, 1963, to June 30, 1971, for making grants to State educational agencies under sections 481 to 484 of this title.
Section 482, Pub. L. 85–864, title V, § 502, Sept. 2, 1958, 72 Stat. 1592; Pub. L. 88–210, title II, § 205(b), formerly § 25(b), Dec. 18, 1963, 77 Stat. 417, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 90–575, title III, § 351(b), Oct. 16, 1968, 82 Stat. 1058, related to allotments to States from sums appropriated under section 481 of this title.
Section 483, Pub. L. 85–864, title V, § 503, Sept. 2, 1958, 72 Stat. 1592; Pub. L. 88–210, title II, § 205(c), formerly § 25(c), Dec. 18, 1963, 77 Stat. 418, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title V, § 502, Oct. 16, 1964, 78 Stat. 1105; Pub. L. 90–575, title III, § 322, Oct. 16, 1968, 82 Stat. 1057, related to requirements of State plans of any State desiring to receive payments under sections 481 to 484 of this title.
Section 484, Pub. L. 85–864, title V, § 504, Sept. 2, 1958, 72 Stat. 1592; Pub. L. 87–344, title II, § 204(b), (c), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 205(d), formerly § 25(d), Dec. 18, 1963, 77 Stat. 418, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title V, § 503, Oct. 16, 1964, 78 Stat. 1105; Pub. L. 90–575, title III, § 321(b), Oct. 16, 1968, 82 Stat. 1057, related to payments to States with plans approved under section 483 of this title.
Section 485, Pub. L. 85–864, title V, § 505, as added Pub. L. 88–665, title V, § 504, Oct. 16, 1964, 78 Stat. 1106, defined “junior colleges or technical institutes” as used in this subchapter.

Part B—Counseling and Guidance Training Institutes
§ 491. Omitted
Editorial Notes
Codification
Section, Pub. L. 85–864, title V, § 511, Sept. 2, 1958, 72 Stat. 1593; Pub. L. 87–344, title II, § 204(d), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 205(e), formerly § 25(e), Dec. 18, 1963, 77 Stat. 418, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title V, § 505, Oct. 16, 1964, 78 Stat. 1106, authorized appropriations for the years ending June 30, 1959 and 1960 and the eight succeeding fiscal years for operation by institutes of higher education of institutes for advanced study. For further details see Codification note set out under section 481 of this title.

SUBCHAPTER VI—FOREIGN STUDIES AND LANGUAGE DEVELOPMENT
Part A—Centers and Research and Studies
§§ 511 to 513. Repealed. Pub. L. 96–374, title VI, § 601(c)(1), Oct. 3, 1980, 94 Stat. 1471

Section 511, Pub. L. 85–864, title VI, § 601, Sept. 2, 1958, 72 Stat. 1593; Pub. L. 87–344, title II, § 205(a), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 206(a), formerly § 26(a), Dec. 18, 1963, 77 Stat. 418, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title VI, § 601(a), Oct. 16, 1964, 78 Stat. 1106; Pub. L. 89–698, title II, § 201, Oct. 29, 1966, 80 Stat. 1069; Pub. L. 90–575, title III, § 331(a), Oct. 16, 1968, 82 Stat. 1057; Pub. L. 92–318, title I, § 182(a), June 23, 1972, 86 Stat. 311, provided for language and area centers and programs. See section 1121 et seq. of this title.

Section 512, Pub. L. 85–864, title VI, § 602, Sept. 2, 1958, 72 Stat. 1594; Pub. L. 94–482, title III, § 302(d), Oct. 12, 1976, 90 Stat. 2216; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, authorized a program of research and studies. See section 1125 of this title.

Section 512a, Pub. L. 85–864, title VI, § 603, as added Pub. L. 94–482, title III, § 302(b), Oct. 12, 1976, 90 Stat. 2215; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, provided for a program of grants and contracts for promotion of cultural understanding.

Section 513, Pub. L. 85–864, title VI, § 604, formerly § 603, Sept. 2, 1958, 72 Stat. 1594; Pub. L. 88–665, title VI, § 601(b), Oct. 16, 1964, 78 Stat. 1107; Pub. L. 90–575, title III, § 331(b), Oct. 16, 1968, 82 Stat. 1057; Pub. L. 92–318, title I, § 182(b), June 23, 1972, 86 Stat. 312; renumbered and amended Pub. L. 94–482, title III, § 302(b), (c), Oct. 12, 1976, 90 Stat. 2215, 2216; Pub. L. 95–43, § 1(c), June 15, 1977, 91 Stat. 219; Pub. L. 96–49, § 15, Aug. 13, 1979, 93 Stat. 354, authorized appropriations for foreign studies and language development program. See section 1130b of this title.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1980, see section 1393 of Pub. L. 96–374, set out as an Effective Date of 1980 Amendment note under section 1001 of this title.

Part B—Language Institutes
§ 521. Repealed. Pub. L. 88–665, title VI, § 602, Oct. 16, 1964, 78 Stat. 1107

Section, Pub. L. 85–864, title VI, § 611, Sept. 2, 1958, 72 Stat. 1594; Pub. L. 87–344, title II, § 205(b), Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 206(b), formerly § 26(b), Dec. 18, 1963, 77 Stat. 418, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064, authorized appropriation of $7,250,000 for fiscal year ending June 30, 1959 and each of six succeeding fiscal years for language institutes.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1964, see section 602 of Pub. L. 88–665.

SUBCHAPTER VII—RESEARCH AND EXPERIMENTATION IN MORE EFFECTIVE UTILIZATION OF TELEVISION, RADIO, MOTION PICTURES, AND RELATED MEDIA FOR EDUCATIONAL PURPOSES
Part A—Research and Experimentation
§§ 541, 542. Omitted
Editorial Notes
Codification
This subchapter has not been funded since the fiscal year ending in 1968.
Section 541, Pub. L. 85–864, title VII, § 701, Sept. 2, 1958, 72 Stat. 1595; Pub. L. 88–210, title II, § 207(a), formerly § 27(a), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, directed Secretary of Education, in cooperation with Advisory Committee on New Educational Media, to conduct, assist, and foster research and experimentation in development and evaluation of projects involving communication media of possible value to State or local educational agencies.
Section 542, Pub. L. 85–864, title VII, § 702, Sept. 2, 1958, 72 Stat. 1595; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, authorized Secretary to make grants-in-aid or contracts for projects of research or experimentation referred to in section 541 of this title.

Part B—Dissemination of Information on New Educational Media
§ 551. Omitted
Editorial Notes
Codification
Section, Pub. L. 85–864, title VII, § 731, Sept. 2, 1958, 72 Stat. 1595; Pub. L. 88–210, title II, § 207(b), formerly § 27(b), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to functions of Secretary of Education with respect to dissemination of information on new educational media. See Codification note set out under sections 541, 542 of this title.

Part C—General Provisions
§§ 561 to 563. Omitted
Editorial Notes
Codification
This subchapter has not been funded since the fiscal year ending in 1968.
Section 561, Pub. L. 85–864, title VII, § 761, Sept. 2, 1958, 72 Stat. 1596; Pub. L. 88–210, title II, § 207(c), formerly § 27(c), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 91–230, title IV, § 401(h)(1), Apr. 13, 1970, 84 Stat. 174; Pub. L. 96–88, title III, § 301, title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to establishment, functions and utilization of services of Advisory Committee on New Educational Media.
Section 562, Pub. L. 85–864, title VII, § 762, Sept. 2, 1958, 72 Stat. 1597; Pub. L. 90–575, title III, § 341, Oct. 16, 1968, 82 Stat. 1058; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to securing of assistance and advice of experts in utilization and adaptation of new media and technology for educational purposes.
Section 563, Pub. L. 85–864, title VII, § 763, Sept. 2, 1958, 72 Stat. 1597; Pub. L. 87–344, title II, § 206, Oct. 3, 1961, 75 Stat. 760; Pub. L. 88–210, title II, § 207(d), formerly § 27(d), Dec. 18, 1963; 77 Stat. 419, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title VII, § 701, Oct. 16, 1964, 78 Stat. 1107, authorized appropriations for fiscal year ending June 30, 1959, and for each of nine succeeding fiscal years to carry out provisions of this subchapter.

SUBCHAPTER VIII—MISCELLANEOUS PROVISIONS
§ 581. Omitted
Editorial Notes
Codification
The programs provided for in this chapter have not been funded for a number of years. See Codification notes set out under section 421, 441, 451, 461, 481, 541, and 591 of this title.
Section, Pub. L. 85–864, title X, § 1001, Sept. 2, 1958, 72 Stat. 1602; Pub. L. 87–835, § 3, Oct. 16, 1962, 76 Stat. 1070; Pub. L. 90–575, title I, § 176, Oct. 16, 1968, 82 Stat. 1035; Pub. L. 91–230, title IV, § 401(c)(4), Apr. 13, 1970, 84 Stat. 173; Pub. L. 96–88, title III, § 301, title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, contained the general administrative provisions for the National Defense Education Act of 1958 [this chapter] including provisions as to reports to Congress, development of policies and procedures, consultation with agencies, agency functions and authority under other laws, restriction on loans, fellowships and stipends, oath or affirmation, statement of conviction, registration of Communist organization, criminal penalties, and authority to refuse or revoke fellowship awards.

§§ 582, 583. Repealed. Pub. L. 91–230, title IV, § 401(h)(1), Apr. 13, 1970, 84 Stat. 174

Section 582, Pub. L. 85–864, title X, § 1002, Sept. 2, 1958, 72 Stat. 1602, authorized Commissioner to appoint advisory committees to advise and consult with respect to administration of National Defense Act, prescribed a membership of twelve, four each from fields of science (engineering, mathematics, or science), humanities, and other appropriate fields, and provided for compensation ($50 per day limitation) and travel expenses of committee members.

Section 583, Pub. L. 85–864, title X, § 1003, Sept. 2, 1958, 72 Stat. 1603, exempted members of advisory committees or information councils from conflict-of-interest laws, with certain exceptions.

§§ 584 to 589. Omitted
Editorial Notes
Codification
The programs provided for in this chapter have not been funded for a number of years. See Codification notes set out under sections 421, 441, 451, 461, 481, 541, and 591 of this title.
Section 584, Pub. L. 85–864, title X, § 1004, Sept. 2, 1958, 72 Stat. 1603; Pub. L. 88–665, title VIII, § 801, Oct. 16, 1964, 78 Stat. 1107; Pub. L. 90–575, title III, § 304(c), Oct. 16, 1968, 82 Stat. 1055; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to administration of State plans, including the requirements for approval of State plans, notice and hearing prior to disapproval of a State plan, and restrictions on payments to States for failure to comply with provisions of this chapter.
Section 585, Pub. L. 85–864, title X, § 1005, Sept. 2, 1958, 72 Stat. 1604; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, provided for judicial review where a State was dissatisfied with Secretary’s final action with respect to the approval of its State plan or with respect to restriction of payments to the State for failure to maintain compliance with conditions governing original approval of such plan.
Section 586, Pub. L. 85–864, title X, § 1006, Sept. 2, 1958, 72 Stat. 1604, provided that payments to any individual or to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant, loan, or contract, could be made in installments, and in advance or by way of reimbursement, and, in case of grants or loans, with necessary adjustments on account of overpayments or underpayments.
Section 587, Pub. L. 85–864, title X, § 1007, Sept. 2, 1958, 72 Stat. 1604, authorized appropriations for fiscal year ending June 30, 1959, and for each fiscal year thereafter, of such sums as might be necessary for administrative costs, including administrative expenses of State commissions.
Section 588, Pub. L. 85–864, title X, § 1008, Sept. 2, 1958, 72 Stat. 1605; Pub. L. 86–70, § 18(a)(3), June 25, 1959, 73 Stat. 144; Pub. L. 86–624, § 14(a)(3), July 12, 1960, 74 Stat. 413; Pub. L. 88–210, title II, § 208(a), formerly § 28(a), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 90–575, title III, § 351(a), Oct. 16, 1968, 82 Stat. 1058; Pub. L. 94–482, title V, § 501(m)(3), Oct. 12, 1976, 90 Stat. 2237; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to allotments to territories and possessions from amounts reserved by Secretary under provisions relating to allotments to States and educational institutions.
Section 589, Pub. L. 85–864, title X, § 1009, Sept. 2, 1958, 72 Stat. 1605; Pub. L. 87–344, title II, § 208, Oct. 3, 1961, 75 Stat. 761; Pub. L. 88–210, title II, § 208(b), formerly § 28(b), Dec. 18, 1963, 77 Stat. 419, renumbered Pub. L. 90–576, title I, § 101(a)(1), Oct. 16, 1968, 82 Stat. 1064; Pub. L. 88–665, title VIII, § 802, Oct. 16, 1964, 78 Stat. 1107, authorized appropriations for fiscal year ending June 30, 1959, and each of nine succeeding fiscal years for grants to States for improvement of statistical services of State educational agencies and prescribed terms and conditions for such grants.

SUBCHAPTER IX—INSTITUTES
Part I—General
§§ 591, 592. Omitted
Editorial Notes
Codification
This part has not been funded since the fiscal year ending June 30, 1968.
Section 591, Pub. L. 85–864, title XI, § 1101, as added Pub. L. 88–665, title IX, § 901(a), Oct. 16, 1964, 78 Stat. 1107; amended Pub. L. 89–329, title II, § 225, title IV, § 497(b), formerly § 467(b), Nov. 8, 1965, 79 Stat. 1228, 1254, renumbered Pub. L. 90–575, title I, § 141, Oct. 16, 1968, 82 Stat. 1030; Pub. L. 90–247, title VII, § 705, Jan. 2, 1968, 81 Stat. 820; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, authorized appropriations for fiscal years ending June 30, 1965, to June 30, 1968, for grants to institutions of higher education for operation of institutes for advanced study.
Section 592, Pub. L. 85–864, title XI, § 1102, as added Pub. L. 88–665, title IX, § 901(a), Oct. 16, 1964, 78 Stat. 1108; amended Pub. L. 89–698, title II, § 202(2), Oct. 29, 1966, 80 Stat. 1070, related to receipt of stipends by individuals attending institutes for advanced study.

Part II—International Affairs
§§ 601, 602. Omitted
Editorial Notes
Codification
This part has not been funded since the fiscal year ending June 30, 1968.
Section 601, Pub. L. 85–864, title XI, § 1111, as added Pub. L. 89–698, title II, § 202(3), Oct. 29, 1966, 80 Stat. 1070; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, authorized appropriations for fiscal years ending June 30, 1967 and June 30, 1968, for international affairs institutes for secondary school teachers.
Section 602, Pub. L. 85–864, title XI, § 1112, as added Pub. L. 89–698, title II, § 202(3), Oct. 29, 1966, 80 Stat. 1070; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, authorized payment of stipends to individuals studying in programs assisted under section 601 of this title.

CHAPTER 18—GRANTS FOR TEACHING IN THE EDUCATION OF HANDICAPPED CHILDREN
§§ 611 to 618. Repealed. Pub. L. 91–230, title VI, § 662(2), (4), Apr. 13, 1970, 84 Stat. 188

Section 611, Pub. L. 85–926, § 1, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 88–164, title III, § 301(a)(1)–(3), (b), Oct. 31, 1963, 77 Stat. 294; Pub. L. 90–576, title III, § 304, Oct. 16, 1968, 82 Stat. 1096, authorized grants to public or non-profit institutions and enumerated certain uses of the grants.

Section 612, Pub. L. 85–926, § 2, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 86–158, title II, § 201, Aug. 14, 1959, 73 Stat. 346; Pub. L. 88–164, title III, § 301(a)(3), Oct. 31, 1963, 77 Stat. 294, authorized grants to State educational agencies for fellowships.

Section 613, Pub. L. 85–926, § 3, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 88–164, title III, § 301(a)(4), Oct. 31, 1963, 77 Stat. 294, related to payment of grants.

Section 614, Pub. L. 85–926, § 4, Sept. 6, 1958, 72 Stat. 1777, required submission of report to Commissioner, including financial statement.

Section 615, Pub. L. 85–926, § 5, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 89–105, § 7, Aug. 4, 1965, 79 Stat. 430, defined terms “nonprofit institution”, “State educational agency” and “State”.

Section 616, Pub. L. 85–926, § 6, Sept. 6, 1958, 72 Stat. 1777, authorized delegation of functions.

Section 617, Pub. L. 85–926, § 7, Sept. 6, 1958, 72 Stat. 1777; Pub. L. 88–164, title III, § 301(a)(4), Oct. 31, 1963, 77 Stat. 294; Pub. L. 89–105, § 8, Aug. 4, 1965, 79 Stat. 430; Pub. L. 90–170, § 6, Dec. 4, 1967, 81 Stat. 530, authorized appropriations of $19,500,000; $29,500,000; $34,000,000; $37,500,000; and $55,000,000 for fiscal years ending June 30, 1966, 1967, 1968, 1969, and 1970, respectively.

Section 618, Pub. L. 88–164, title III, § 302, Oct. 31, 1963, 77 Stat. 295; Pub. L. 89–105, §§ 4, 5, Aug. 4, 1965, 79 Stat. 429, 430; Pub. L. 90–247, title I, § 156, Jan. 2, 1968, 81 Stat. 805, related to research and demonstration projects: authorization of appropriations, installments, advances, or reimbursements, and conditions; advisory committees; panel or experts; compensation and travel expenses; delegation of functions; construction, equipping and operation of facilities; wages of laborers and authority and functions of Secretary of Labor; definition of “construction” and “cost of construction”; and definition of “research and related purposes”.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1971, see section 662 of Pub. L. 91–230.

CHAPTER 18A—EARLY EDUCATION PROGRAMS FOR HANDICAPPED CHILDREN
§§ 621 to 624. Repealed. Pub. L. 91–230, title VI, § 662(5), Apr. 13, 1970, 84 Stat. 188

Sections 621 to 624, Pub. L. 90–538, §§ 2–5, Sept. 30, 1968, 82 Stat. 901, 902, popularly known as the “Handicapped Children’s Early Education Assistance Act”, related to the following subject matter:

Section 621, experimental preschool and early education programs for handicapped children: authorization, special problems of the handicapped, National distribution, urban and rural areas, and scope of activities and services; community coordination of programs; and Federal share and non-Federal contributions.

Section 622, evaluation.

Section 623, definition of handicapped children.

Section 624, appropriations authorization.

For general subject matter of these sections, see sections 1423, 1425, 1401(1), and 1426 of this title, respectively.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1971, see section 662 of Pub. L. 91–230.

CHAPTER 19—SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES

Editorial Notes
Codification
Act Sept. 23, 1950, ch. 995, 64 Stat. 967, as amended, was classified to chapter 14 (§ 251 et seq.) of this title prior to general amendment by Pub. L. 85–620, Aug. 12, 1958, 72 Stat. 548.

§§ 631 to 647. Repealed. Pub. L. 103–382, title III, § 331(a), Oct. 20, 1994, 108 Stat. 3965

Section 631, act Sept. 23, 1950, ch. 995, § 1, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 548; amended Apr. 28, 1988, Pub. L. 100–297, title II, § 2031(b), 102 Stat. 301, related to Congressional declaration of purpose and authorization of appropriations.

Section 632, act Sept. 23, 1950, ch. 995, § 2, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 548; amended Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to annual apportionment of funds and use of remainder of funds.

Section 633, act Sept. 23, 1950, ch. 995, § 3, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 548; amended Oct. 3, 1961, Pub. L. 87–344, title I, § 101(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, § 301(a), formerly § 31(a), 77 Stat. 419, renumbered title III, § 301(a), Oct. 16, 1968, Pub. L. 90–576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, § 1101(a), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89–750, title II, § 221, 80 Stat. 1213; Jan. 2, 1968, Pub. L. 90–247, title III, § 301(d)(1), 81 Stat. 813; Apr. 13, 1970, Pub. L. 91–230, title II, §§ 201(a)(1), 203(c)(3), 84 Stat. 154, 156; Aug. 21, 1974, Pub. L. 93–380, title III, § 301(a)(1), 88 Stat. 521; Apr. 21, 1976, Pub. L. 94–273, § 2(13), 90 Stat. 375; Nov. 1, 1978, Pub. L. 95–561, title X, § 1021(a), 92 Stat. 2311; Oct. 19, 1984, Pub. L. 98–511, title III, § 301(b)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2031(a)(1), 2032(a)(1), 102 Stat. 301, related to dates for filing applications and priorities.

Section 634, act Sept. 23, 1950, ch. 995, § 4, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 549; amended Nov. 3, 1966, Pub. L. 89–750, title II, § 224, 80 Stat. 1214; Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to Federal share of cost of any project.

Section 635, act Sept. 23, 1950, ch. 995, § 5, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 549; amended Nov. 1, 1965, Pub. L. 89–313, § 5, 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89–750, title II, §§ 222(a), (e), 223, 226, 227, 80 Stat. 1213–1215; Jan. 2, 1968, Pub. L. 90–247, title II, §§ 205(b), 207, 81 Stat. 809; Apr. 13, 1970, Pub. L. 91–230, title II, §§ 203(a)(3), 204, 84 Stat. 155, 157; May 21, 1970, Pub. L. 91–260, 84 Stat. 254; Aug. 21, 1974, Pub. L. 93–380, title III, § 302(a), 88 Stat. 521; Nov. 1, 1978, Pub. L. 95–561, title X, § 1022, 92 Stat. 2312; Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to limitation on total payments to local agencies.

Section 636, act Sept. 23, 1950, ch. 995, § 6, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 551; amended Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(g)(4), 84 Stat. 174; Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to applications for payment.

Section 637, act Sept. 23, 1950, ch. 995, § 7, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 552; amended Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to payments to local agencies.

Section 638, act Sept. 23, 1950, ch. 995, § 8, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 552; amended Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to additional payments in unusual cases.

Section 639, act Sept. 23, 1950, ch. 995, § 9, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 553; amended Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to procedure in cases of temporary Federal activities and donation of temporary school facilities.

Section 640, act Sept. 23, 1950, ch. 995, § 10, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 553; amended May 6, 1960, Pub. L. 86–449, title V, § 502, 74 Stat. 89; July 21, 1965, Pub. L. 89–77, § 1, 79 Stat. 243; Nov. 3, 1966, Pub. L. 89–750, title II, §§ 228, 229, 80 Stat. 1215; Nov. 1, 1978, Pub. L. 95–561, title X, §§ 1023, 1031(b)(1), 92 Stat. 2312; Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to children for whom local agencies are unable to provide education.

Section 641, act Sept. 23, 1950, ch. 995, § 11, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 554; amended Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), (2), 102 Stat. 301, related to withholding of payments for noncompliance.

Section 642, act Sept. 23, 1950, ch. 995, § 12, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 554; amended Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(f)(3), (g)(4), 84 Stat. 173, 174; Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to administration of this chapter.

Section 643, act Sept. 23, 1950, ch. 995, § 13, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 554; amended Apr. 13, 1970, Pub. L. 91–230, title IV, § 401(c)(3), 84 Stat. 173; Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, related to Federal departments and agencies under this chapter.

Section 644, act Sept. 23, 1950, ch. 995, § 14, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 555; amended Oct. 3, 1961, Pub. L. 87–344, title I, § 101(b), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, § 301(b), formerly § 31(b), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90–576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, § 1101(b), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89–750, title II, § 225, 80 Stat. 1214; Jan. 2, 1968, Pub. L. 90–247, title II, § 203, 81 Stat. 807; Apr. 13, 1970, Pub. L. 91–230, title II, §§ 205(a), 206, 84 Stat. 158, 159; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2032(a)(1), 2034, 102 Stat. 301, related to assistance in other federally-affected areas.

Section 645, act Sept. 23, 1950, ch. 995, § 15, as added Aug. 12, 1958, Pub. L. 85–620, title I, § 101, 72 Stat. 556; amended June 25, 1959, Pub. L. 86–70, § 18(c), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, § 14(c), 74 Stat. 414; Oct. 3, 1961, Pub. L. 87–344, title I, § 101(c), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, § 301(c), formerly § 31(c), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90–576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, § 1101(c), (d), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89–750, title II, §§ 222(b)–(d), 230–232, 80 Stat. 1213–1216; Jan. 2, 1968, Pub. L. 90–247, title II, § 201, title III, § 301(d)(2), 81 Stat. 806, 813; Apr. 13, 1970, Pub. L. 91–230, title II, §§ 201(a)(2), 203(a)(1), (2), 84 Stat. 154, 155; Aug. 12, 1970, Pub. L. 91–375, §§ 4(a), 6(o), 84 Stat. 773, 783; Aug. 21, 1974, Pub. L. 93–380, title III, § 301(a)(2), 88 Stat. 521; Nov. 1, 1978, Pub. L. 95–561, title X, §§ 1021(b), 1031(b)(2), 92 Stat. 2312; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2031(a)(3), 2032(a)(1), (3), 102 Stat. 301, defined terms used in this chapter.

Section 646, act Sept. 23, 1950, ch. 995, § 16, as added Nov. 1, 1965, Pub. L. 89–313, § 1, 79 Stat. 1158; amended Jan. 2, 1968, Pub. L. 90–247, title II, § 217, 81 Stat. 810; Oct. 21, 1968, Pub. L. 90–608, ch. IV, § 402, 82 Stat. 1194; Apr. 13, 1970, Pub. L. 91–230, title II, § 201(c), 84 Stat. 154; Dec. 31, 1970, Pub. L. 91–606, title III, § 301(f), 84 Stat. 1759; 1973 Reorg. Plan No. 1, §§ 1, 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089; Dec. 10, 1973, Ex. Ord. No. 11749, § 2(2), 38 F.R. 34177; May 22, 1974, Pub. L. 93–288, title VII, § 702(f), formerly title VI, § 602(f), 88 Stat. 164, renumbered title VII, § 702(f), Oct. 5, 1994, Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), 108 Stat. 3100; Aug. 21, 1974, Pub. L. 93–380, title III, §§ 301(b), 302(b), 88 Stat. 521, 522; Apr. 21, 1976, Pub. L. 94–273, § 3(6), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title X, §§ 1010(b), 1021(a), 1024, 92 Stat. 2310–2312; July 20, 1979, Ex. Ord. No. 12148, § 4–106, 44 F.R. 43239; Oct. 19, 1984, Pub. L. 98–511, title III, § 301(b)(2), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2031(a)(2), 2032(a)(1), (b), 2033, 102 Stat. 301; Nov. 23, 1988, Pub. L. 100–707, title I, § 109(j), 102 Stat. 4709, related to assistance in cases of certain disasters.

Section 647, act Sept. 23, 1950, ch. 995, § 17, as added Nov. 1, 1965, Pub. L. 89–313, § 3, 79 Stat. 1161; amended Apr. 28, 1988, Pub. L. 100–297, title II, § 2032(a)(1), 102 Stat. 301, provided that announcement of decrease in or cessation of Federal activities in certain areas not to affect determination of payment.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1994, see section 3(a)(3)(B) of Pub. L. 103–382, set out as a note under section 236 of this title.

CHAPTER 20—GRANTS FOR TEACHING IN THE EDUCATION OF THE DEAF
§§ 671 to 676. Omitted

Chapter consisted of Pub. L. 87–276, Sept. 22, 1961, 75 Stat. 575, in its entirety. Under the terms of section 6(b) thereof, as amended, the provisions of Pub. L. 87–276 terminated on June 30, 1964. See section 1401 et seq. of this title and section 2495 of Title 42, The Public Health and Welfare.

Section 671, Pub. L. 87–276, § 1, Sept. 22, 1961, 75 Stat. 575, authorized Commissioner of Education to conduct a program of grants-in-aid to help provide courses of training and study for teachers of the deaf and to improve existing courses.

Section 672, Pub. L. 87–276, § 2, Sept. 22, 1961, 75 Stat. 575, provided for making of payments by Commissioner under such a program.

Section 673, Pub. L. 87–276, § 3, Sept. 22, 1961, 75 Stat. 575, defined “nonprofit”, “accredited”, and “approved”.

Section 674, Pub. L. 87–276, § 4, Sept. 22, 1961, 75 Stat. 576, authorized Commissioner to delegate his functions under this chapter except the making of regulations.

Section 675, Pub. L. 87–276, § 5, Sept. 22, 1961, 75 Stat. 576, established Advisory Committee on the Training of Teachers of the Deaf to review and otherwise make recommendations in connection with grants-in-aid program.

Section 676, Pub. L. 87–276, § 6, Sept. 22, 1961, 75 Stat. 576; Pub. L. 88–164, title III, § 301(c), Oct. 31, 1963, 77 Stat. 295, authorized appropriations up through fiscal year ending June 30, 1964, and provided for termination of this chapter on June 30, 1964. Pub. L. 91–230, title VI, § 662(4), Apr. 13, 1970, 84 Stat. 188, repealed title III of Pub. L. 88–164, cited above.

CHAPTER 20A—NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
§§ 681 to 685. Repealed. Pub. L. 99–371, title II, § 210(d), formerly title IV, § 410(d), Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 210(d), Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151

Section 681, Pub. L. 89–36, § 2, June 8, 1965, 79 Stat. 125, stated purpose of and authorized appropriations for National Technical Institute for the Deaf. See section 4331 of this title.

Section 682, Pub. L. 89–36, § 3, June 8, 1965, 79 Stat. 125; Pub. L. 96–88, title III, § 301(a)(1), (2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 678, 692, defined “Secretary”, “institution of higher education”, and “construction”. See section 4351 of this title.

Section 683, Pub. L. 89–36, § 4, June 8, 1965, 79 Stat. 125, related to proposals for establishing and operating a National Technical Institute for the Deaf.

Section 684, Pub. L. 89–36, § 5, June 8, 1965, 79 Stat. 126, related to entering into an agreement for establishment and operation of a National Technical Institute for the Deaf. See section 4332 of this title.

Section 685, Pub. L. 89–36, § 6, June 8, 1965, 79 Stat. 127, related to a National Advisory Board for the establishment of a national technical institute for the deaf.

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 89–36, § 1, June 8, 1965, 79 Stat. 125, which provided that this chapter be cited as the “National Technical Institute for the Deaf Act”, was repealed by Pub. L. 99–371, title II, § 210(d), formerly title IV, § 410(d), Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 210(d), Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151.

§ 686. Transferred

Section, Pub. L. 95–355, title I, § 100, Sept. 8, 1978, 92 Stat. 531, which authorized National Technical Institute for the Deaf to make purchases through General Services Administration, was transferred to section 4362 of this title.

CHAPTER 20B—GALLAUDET COLLEGE
SUBCHAPTER I—CONTINUATION AND ADMINISTRATION
§§ 691 to 691g. Repealed. Pub. L. 99–371, title II, § 210(d), formerly title IV, § 410(a), Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 210(a), Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151

Section 691, act June 18, 1954, ch. 324, § 1, 68 Stat. 265, directed that Gallaudet College be successor to Columbia Institution for the Deaf. See section 4301(a) of this title.

Section 691a, act June 18, 1954, ch. 324, § 2, 68 Stat. 265, stated purposes of Gallaudet College. See section 4301(b) of this title.

Section 691b, acts June 18, 1954, ch. 324, § 3, 68 Stat. 265; Sept. 13, 1960, Pub. L. 86–776, § 4, 74 Stat. 917; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, 93 Stat. 677, 692, related to property rights of Gallaudet College, assumption of outstanding liabilities and obligations against corporation under any former name, and conveyance or mortgage of property. See section 4302 of this title.

Section 691c, act June 18, 1954, ch. 324, § 4, 68 Stat. 265, related to gifts of property to Gallaudet College. See section 4352(a) of this title.

Section 691d, acts June 18, 1954, ch. 324, § 5, 68 Stat. 265; July 23, 1968, Pub. L. 90–415, §§ 1, 2, 82 Stat. 397, related to composition and appointment, etc., of Board of Directors of Gallaudet College. See section 4303(a) of this title.

Section 691e, act June 18, 1954, ch. 324, § 6, 68 Stat. 266, related to powers of Board of Directors of Gallaudet College. See section 4303(b) of this title.

Section 691f, acts June 18, 1954, ch. 324, § 7, 68 Stat. 266; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, 93 Stat. 677, 692, related to financial transactions and accounts of Gallaudet College and an annual report to Secretary of Education. See sections 4353 and 4354(a) of this title.

Section 691g, act June 18, 1954, ch. 324, § 8, 68 Stat. 266, authorized appropriations for Gallaudet College.

§§ 691h, 691i. Transferred

Section 691h, R.S. § 441; Mar. 4, 1911, ch. 285, 36 Stat. 1422; 1940 Reorg. Plan No. IV, § 11, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234; 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; June 18, 1954, ch. 324, § 1, 68 Stat. 265; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, 93 Stat. 677, 692, which charged Secretary of Education with supervision of public business of Gallaudet College, was transferred to section 4361 of this title.

Section 691i, Pub. L. 95–355, title I, § 100, Sept. 8, 1978, 92 Stat. 531, which authorized Gallaudet College to make purchases through General Services Administration, was transferred to section 4362 of this title.

SUBCHAPTER II—MODEL SECONDARY SCHOOL FOR THE DEAF
§§ 693 to 693b. Repealed. Pub. L. 99–371, title II, § 210(c), formerly title IV, § 410(c), Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 210(c), Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151

Section 693, Pub. L. 89–694, § 2, Oct. 15, 1966, 80 Stat. 1027, authorized appropriations for a model secondary school for the deaf.

Section 693a, Pub. L. 89–694, § 3, Oct. 15, 1966, 80 Stat. 1027; Pub. L. 96–88, title III, § 301(a)(2)(N), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 695, defined “Secretary”, “construction”, and “secondary school”. See section 4351 of this title.

Section 693b, Pub. L. 89–694, § 4, Oct. 15, 1966, 80 Stat. 1027, related to an agreement with Gallaudet College to establish a model secondary school. See section 4322 of this title.

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 89–694, § 1, Oct. 15, 1966, 80 Stat. 1027, which provided that this subchapter be cited as the “Model Secondary School for the Deaf Act”, was repealed by Pub. L. 99–371, title II, § 210(c), formerly title IV, § 410(c), Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 210(c), Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151.

SUBCHAPTER III—DEMONSTRATION ELEMENTARY SCHOOL FOR THE DEAF
§§ 695 to 695c. Repealed. Pub. L. 99–371, title II, § 210(b), formerly title IV, § 410(b), Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 210(b), Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151

Section 695, Pub. L. 91–587, § 1, Dec. 24, 1970, 84 Stat. 1579, authorized Gallaudet College to operate Kendall School as a demonstration elementary school for the deaf. See section 4311 of this title.

Section 695a, Pub. L. 91–587, § 2, Dec. 24, 1970, 84 Stat. 1579, defined “elementary school” and “construction”. See section 4351 of this title.

Section 695b, Pub. L. 91–587, § 3, Dec. 24, 1970, 84 Stat. 1579, authorized appropriations for establishment and operation, including construction and equipment, of demonstration elementary school.

Section 695c, Pub. L. 91–587, § 4, Dec. 24, 1970, 84 Stat. 1579, related to design and construction of facilities of demonstration elementary school.

CHAPTER 21—HIGHER EDUCATION FACILITIES

Statutory Notes and Related Subsidiaries
Continuation of ProgramsPub. L. 92–318, § 161(b)(1), June 23, 1972, 86 Stat. 303, provided that: “The programs authorized by title VII of the Higher Education Act of 1965 [title VII of Pub. L. 89–329, which was classified to section 1132a et seq. of this title, prior to being amended generally by Pub. L. 105–244] shall be deemed to be a continuation of the comparable programs authorized by the Higher Education Facilities Act of 1963 [this chapter].”

§ 701. Omitted
Editorial Notes
Codification
Section, Pub. L. 88–204, § 2, Dec. 16, 1963, 77 Stat. 363, related to congressional findings and declaration of policy.

SUBCHAPTER I—GRANTS FOR CONSTRUCTION OF UNDERGRADUATE ACADEMIC FACILITIES
§§ 711 to 721. Repealed. Pub. L. 92–318, title I, § 161(b)(2), June 23, 1972, 86 Stat. 303

Section 711, Pub. L. 88–204, title I, § 101, Dec. 16, 1963, 77 Stat. 364; Pub. L. 89–329, title VII, § 701(b), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89–752, § 2(a), (b), Nov. 3, 1966, 80 Stat. 1240; Pub. L. 90–575, title IV, § 401(a)(1), (2), Oct. 16, 1968, 82 Stat. 1059, authorized appropriations for grants for construction of undergraduate academic facilities.

Section 712, Pub. L. 88–204, title I, § 102, Dec. 16, 1963, 77 Stat. 364; Pub. L. 89–752, § 2(c), Nov. 3, 1966, 80 Stat. 1241 provided for allotment of funds.

Section 713, Pub. L. 88–204, title I, § 103, Dec. 16, 1963, 77 Stat. 365; Pub. L. 89–329, title VII, § 702(a)(1), (2), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89–752, § 2(d), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90–575, title IV, §§ 401(a)(4), 406(a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided for allotments for public community colleges and technical institutes, providing in former subsec. (a) for basis of computation and minimum amount; subsec. (b) availability of funds; subsec. (c) reallotment of unreserved funds at close of fiscal year and factors considered; subsec. (d) allotment ratio, specification and promulgation thereof, and definition of high school graduate.

Section 714, Pub. L. 88–204, title I, § 104, Dec. 16, 1963, 77 Stat. 366; Pub. L. 89–329, title VII, § 702(b)(1), (2), Nov. 8, 1965, 79 Stat. 1267; Pub. L. 89–752, § 2(d), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90–575, title IV, §§ 401(a)(4), 406(a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided for allotments for institutions of higher education other than public community colleges and technical institutes, providing in former subsec. (a) for considerations and determinations affecting allotments and minimum; subsec. (b) availability of funds; and subsec. (c) reallotment of unreserved funds at close of fiscal year and factors considered.

Section 715, Pub. L. 88–204, title I, § 105, Dec. 16, 1963, 77 Stat. 367; Pub. L. 89–329, title VII, § 702(a)(3), (4), (b)(3), (c)(1), Nov. 8, 1965, 79 Stat. 1267, 1268; Pub. L. 89–752, § 3(a), Nov. 3, 1966, 80 Stat. 1241; Pub. L. 90–575, title IV, § 401(a)(3), Oct. 16, 1968, 82 Stat. 1059, provided for State commissions and plans and authorized expenditures.

Section 716, Pub. L. 88–204, title I, § 106, Dec. 16, 1963, 77 Stat. 368; Pub. L. 89–329, title VII, § 701(a), Nov. 8, 1965, 79 Stat. 1266; Pub. L. 90–575, title IV, § 402(a)(1), (b)(1), Oct. 16, 1968, 82 Stat. 1059, 1060, related to eligibility of institutions for grants and expansion of student enrollment capacity.

Section 717, Pub. L. 88–204, title I, § 107, Dec. 16, 1963, 77 Stat. 368; Pub. L. 89–329, title VII, § 702(c)(2), Nov. 8, 1965, 79 Stat. 1268; Pub. L. 90–575, title IV, §§ 402(a)(2), 405(a), Oct. 16, 1968, 82 Stat. 1059, 1061, provided basic criteria for determining priorities and Federal share.

Section 718, Pub. L. 88–204, title I, § 108, Dec. 16, 1963, 77 Stat. 369; Pub. L. 90–575, title IV, § 402(a)(3), Oct. 16, 1968, 82 Stat. 1059, related to applications for grants, providing in former subsec. (a) for submission of applications by institutions; subsec. (b) conditions for approval; and subsec. (c) amendments of applications.

Section 719, Pub. L. 88–204, title I, § 109, Dec. 16, 1963, 77 Stat. 370, provided for reservation and payment of grant.

Section 720, Pub. L. 88–204, title I, § 110, Dec. 16, 1963, 77 Stat. 370, provided for disapproval of State plans, notice and hearing, findings of Commissioner, and notification of non-eligibility.

Section 721, Pub. L. 88–204, title I, § 111, Dec. 16, 1963, 77 Stat. 370, related to judicial review, providing in former subsec. (a) for appeal by State of Commissioner’s final action to court of appeals; subsec. (b) findings of Commissioner conclusive if substantially supported, remand for taking further evidence, and new or modified findings conclusive if supported; subsec. (c) jurisdiction of court of appeals and review by Supreme Court.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1972, see section 161(b)(2) of Pub. L. 92–318.

SUBCHAPTER II—GRANTS FOR CONSTRUCTION OF GRADUATE ACADEMIC FACILITIES
§§ 731, 732. Repealed. Pub. L. 92–318, title I, § 161(b)(2), June 23, 1972, 86 Stat. 303

Section 731, Pub. L. 88–204, title II, § 201, Dec. 16, 1963, 77 Stat. 371; Pub. L. 89–329, title VII, §§ 701(c), 702(d), Nov. 8, 1965, 79 Stat. 1267, 1268; Pub. L. 89–752, § 4, Nov. 3, 1966, 80 Stat. 1242; Pub. L. 90–575, title IV, § 401(b), Oct. 16, 1968, 82 Stat. 1059, authorized appropriations for grants for construction of graduate academic facilities.

Section 732, Pub. L. 88–204, title II, § 202, Dec. 16, 1963, 77 Stat. 371; Pub. L. 90–575, title II, § 291(b)(2), title IV, § 405(b), Oct. 16, 1968, 82 Stat. 1050, 1061, related to grants, providing in subsec. (a) for eligible institutions and requirement of an application; subsec. (b) maximum allowable percentile of development cost; subsec. (c) action by panel of specialists required for application approval and considerations affecting approval; and subsec. (d) maximum amount of payments in any fiscal year.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1972, see section 161(b)(2) of Pub. L. 92–318.

§ 733. Repealed. Pub. L. 90–575, title II, § 291(b)(1), Oct. 16, 1968, 82 Stat. 1050

Section, Pub. L. 88–204, title II, § 203, Dec. 16, 1963, 77 Stat. 371, established an Advisory Committee on Graduate Education.

SUBCHAPTER III—LOANS FOR CONSTRUCTION OF ACADEMIC FACILITIES
§§ 741 to 745. Omitted
Editorial Notes
Codification
Section 741, Pub. L. 88–204, title III, § 301, Dec. 16, 1963, 77 Stat. 372, authorized the Commissioner to make loans for construction of academic facilities.
Section 742, Pub. L. 88–204, title III, § 302, Dec. 16, 1963, 77 Stat. 372, prescribed the maximum amount of loans allowable within any State.
Section 743, Pub. L. 88–204, title III, § 303, Dec. 16, 1963, 77 Stat. 372; Pub. L. 89–329, title VII, §§ 702(e), 703(a), Nov. 8, 1965, 79 Stat. 1268; Pub. L. 89–429, § 4(a), May 24, 1966, 80 Stat. 166; Pub. L. 89–752, § 5, Nov. 3, 1966, 80 Stat. 1242; Pub. L. 90–575, title IV, §§ 401(c), 402(a)(4), Oct. 16, 1968, 82 Stat. 1059, 1060, related to eligibility conditions, amounts and terms of loans, and authorization of appropriations.
Section 744, Pub. L. 88–204, title III, § 304, Dec. 16, 1963, 77 Stat. 373; Pub. L. 89–752, § 7, Nov. 3, 1966, 80 Stat. 1243, related to finality and conclusiveness of Commissioner’s transactions and additional powers and duties of Commissioner.
Section 745, Pub. L. 88–204, title III, § 305, as added Pub. L. 89–429, § 4(b), May 24, 1966, 80 Stat. 166, related to Revolving Loan Fund.

§ 746. Repealed. Pub. L. 92–318, title I, § 161(b)(3), June 23, 1972, 86 Stat. 303

Section, Pub. L. 88–204, title III, § 306, as added Pub. L. 90–575, title IV, § 403, Oct. 16, 1968, 82 Stat. 1060, related to annual interest grants, providing in: subsec. (a) for power of Commissioner; subsec. (b) for maximum period and amount and approval by Secretary; subsec. (c) for authorization of appropriations and limitation on aggregate amount of contracts; subsec. (d) for maximum amount of funds usable in one State; and subsec. (e) certain prerequisites and nature of financing.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1972, see section 161(b)(3) of Pub. L. 92–318.

SUBCHAPTER IV—GENERAL PROVISIONS
§ 751. Omitted
Editorial Notes
Codification
Section, Pub. L. 88–204, title IV, § 401, Dec. 16, 1963, 77 Stat. 374; Pub. L. 89–329, title VII, § 702(c)(3), (f), Nov. 8, 1965, 79 Stat. 1268; Pub. L. 89–752, §§ 6, 8, Nov. 3, 1966, 80 Stat. 1243; Pub. L. 90–575, title IV, §§ 402(a)(5), 405(a), Oct. 16, 1968, 82 Stat. 1060, 1061, defined “academic facilities”, “construction”, “equipment”, “development cost”, “Federal share”, “higher education building agency”, “institution of higher education”, “public community college and public technical institute”, “cooperative graduate center”, “cooperative graduate center board”, “high school”, “nonprofit educational institution”, “public educational institution”, and “State”.

§ 752. Repealed. Pub. L. 91–230, title IV, § 401(c)(6), (h)(2), Apr. 13, 1970, 84 Stat. 173, 174

Section, Pub. L. 88–204, title IV, § 402, Dec. 16, 1963, 77 Stat. 377, related to Federal administration as to higher education facilities, providing in subsecs. (a) and (b) for delegation of functions by Commissioner and for utilization of services and facilities of other agencies and payment for services in advance or by way of reimbursement, now superseded by section 1231 of this title, and in subsec. (c) for appointment of advisory committees and for compensation ($75 per day limitation) and travel expenses of members of such advisory committees.

§§ 753 to 756. Omitted
Editorial Notes
Codification
Section 753, Pub. L. 88–204, title IV, § 403, Dec. 16, 1963, 77 Stat. 378, related to labor standards on projects assisted by grant or loan.
Section 754, Pub. L. 88–204, title IV, § 404, Dec. 16, 1963, 77 Stat. 378, related to period of Federal interest in project and recovery of payments.
Section 755, Pub. L. 88–204, title IV, § 405, Dec. 16, 1963, 77 Stat. 378, related to method of payment.
Section 756, Pub. L. 88–204, title IV, § 406, Dec. 16, 1963, 77 Stat. 379, related to authorization of appropriations for administration.

§ 757. Repealed. Pub. L. 91–230, title IV, § 401(f)(4), Apr. 13, 1970, 84 Stat. 173

Section, Pub. L. 88–204, title IV, § 407, Dec. 16, 1963, 77 Stat. 379, prohibited Federal control of education (personnel, curriculum, methods of instruction, or administration), and was superseded by section 1232a of this title.

§ 758. Omitted
Editorial Notes
Codification
Section, Pub. L. 88–204, title IV, § 408, as added Pub. L. 89–769, § 7(a), Nov. 6, 1966, 80 Stat. 1318; amended Pub. L. 90–21, title I, § 101, May 29, 1967, 81 Stat. 36; Pub. L. 90–575, title IV, § 404, Oct. 16, 1968, 82 Stat. 1061; Pub. L. 91–606, title III, § 301(g), Dec. 31, 1970, 84 Stat. 1759; Pub. L. 93–288, title VII, § 702(g), formerly title VI, § 602(g), May 22, 1974, 88 Stat. 164, renumbered title VII, § 702(g), Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, related to assistance for higher education construction in major disaster areas.

CHAPTER 22—NATIONAL COUNCIL ON THE ARTS
§§ 781 to 788. Repealed. Pub. L. 91–346, § 5(d)(3)(B), July 20, 1970, 84 Stat. 445

For general subject matter of sections 781 to 788, see section 955 of this title.

Section 781, Pub. L. 88–579, § 2, Sept. 3, 1964, 78 Stat. 905, set forth a Congressional declaration of policy to encourage and promote the Nation’s artistic and cultural progress by establishing a National Council on the Arts.

Section 782, Pub. L. 88–579, § 3, Sept. 3, 1964, 78 Stat. 905, proscribed Federal control over policy or program determination in the administration of this chapter.

Section 783, Pub. L. 88–579, § 4, Sept. 3, 1964, 78 Stat. 905, established in the Executive Office of the President a National Council on the Arts. See section 955 of this title and notes thereunder.

Section 784, Pub. L. 88–579, § 5, Sept. 3, 1964, 78 Stat. 905; Pub. L. 89–209, § 6(d)(1), (2), Sept. 29, 1965, 79 Stat. 849, 850, provided for appointment, composition, terms of office and vacancies in the National Council on the Arts.

Section 785, Pub. L. 88–579, § 6, Sept. 3, 1964, 78 Stat. 906; Pub. L. 89–209, § 5(d)(2)(A), Sept. 29, 1965, 79 Stat. 847; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223, provided for appointment of a Chairman of the National Council on the Arts, his term of office and reimbursement for his expenses.

Section 786, Pub. L. 88–579, § 7, Sept. 3, 1964, 78 Stat. 906; Pub. L. 89–209, § 6(d)(3), (4), Sept. 29, 1965, 79 Stat. 850, provided that the National Council on the Arts meet at the call of the Chairman at least twice a year, established 14 Council members as constituting a quorum, and set forth functions and duties of the Council.

Section 787, Pub. L. 88–579, § 8, Sept. 3, 1964, 78 Stat. 907, provided for compensation of Council members.

Section 788, Pub. L. 88–579, § 9, Sept. 3, 1964, 78 Stat. 907, authorized appointment of and compensation for secretarial, clerical, and other staff and further authorized procurement by the Chairman of temporary and intermittent services.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1970, see section 5(d)(3)(B) of Pub. L. 91–346.

§ 789. Repealed. Pub. L. 89–209, § 6(d)(5), Sept. 29, 1965, 79 Stat. 850

Section, Pub. L. 88–579, § 10, Sept. 3, 1964, 78 Stat. 907; Pub. L. 89–125, Aug. 13, 1965, 79 Stat. 518, authorized $150,000 per annum to be appropriated to the Council to carry out the purpose of this chapter. See section 960 of this title.

Section was also repealed by Pub. L. 91–346, § 5(d)(3)(B), July 20, 1970, 84 Stat. 445.

§ 790. Repealed. Pub. L. 91–346, § 5(d)(3)(B), July 20, 1970, 84 Stat. 445

Section, Pub. L. 88–579, § 11, Sept. 3, 1964, 78 Stat. 907, provided that this chapter would not invalidate any act of Congress or Executive order vesting authority in the Commission of Fine Arts or any other Federal advisory body nor would this chapter authorize the National Council on the Arts to undertake any duty or responsibility which belongs to any other Federal advisory body established as of Sept. 3, 1964.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1970, see section 5(d)(3)(B) of Pub. L. 91–346.

CHAPTER 23—TRAINING AND FELLOWSHIP PROGRAMS FOR COMMUNITY DEVELOPMENT

Sec.

801.Congressional findings and purpose.

802.Fellowships for city planning, management, housing specialists, and persons with general capacity in urban affairs and problems.

803.Matching grants to States.

803a.Project grants and contracts.

804.Limitation on grants to any one State.

805.Technical assistance, studies, and publication of information.

806.Authorization of appropriations; availability of funds.

807.Definitions; authorization of appropriations for administrative and other expenses.

§ 801. Congressional findings and purpose(a) Need for training and research related to community developmentThe Congress finds that the rapid expansion of the Nation’s urban areas and urban population has caused severe problems in urban and suburban development and created a national need to (1) provide special training in skills needed for economic and efficient community development, and (2) support research in new or improved methods of dealing with community development problems.

(b) Fellowships for specialists and personnel in urban affairs; grants to institutions of higher education; assistance to States and localitiesIt is the purpose of this chapter to provide fellowships for the graduate training of professional city and regional planning, management, and housing specialists, and professionally trained personnel with a general capacity in urban affairs and problems: to make grants to and contracts with institutions of higher education (or combinations of such institutions) to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the preparation of graduate or professional students to enter the public service; and to assist and encourage the States and localities, in cooperation with public and private universities and colleges and urban centers and with business firms and associations, labor unions, and other interested associations and organizations, to (1) organize, initiate, develop, and expand programs which will provide special training in skills needed for economic and efficient community development to those technical, professional, and other persons with the capacity to master and employ such skills who are, or are training to be, employed by a governmental or public body which has responsibility for community development, or by a private nonprofit organization which is conducting or has responsibility for housing and community development programs, and (2) support State and local research that is needed in connection with housing programs and needs, public improvement programing, code problems, efficient land use, urban transportation, and similar community development problems.

(Pub. L. 88–560, title VIII, § 801, Sept. 2, 1964, 78 Stat. 802; Pub. L. 90–448, title XVII, § 1707(a), Aug. 1, 1968, 82 Stat. 605; Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 392; Pub. L. 93–383, title IV, § 402(a), Aug. 22, 1974, 88 Stat. 691.)

Editorial Notes
Codification
Pub. L. 93–383, § 402, provided for amendments to title VIII of the Housing and Urban Development Act of 1964. The amendments of the enumerated sections of such title VIII have been executed to comparable sections of title VIII of the Housing Act of 1964 as the probable intent of Congress.

Amendments1974—Subsec. (b). Pub. L. 93–383 expanded purposes of chapter to include graduate training in regional planning and for training of personnel with a general capacity in urban affairs and problems and authorizing grants and contracts with institutions of higher education for training of graduate or professional students.
1969—Subsec. (a). Pub. L. 91–152 inserted a comma before “and (2)”.
Subsec. (b). Pub. L. 91–152 inserted provision that it is the purpose of this chapter to grant fellowships for the graduate training of professional city planning and urban and housing technicians and specialists.
1968—Subsec. (b). Pub. L. 90–448 provided for cooperation with business firms and associations, labor unions, and other interested associations or organizations, included employment by a private nonprofit organization which is conducting or has responsibility for housing and community development programs, and substituted “technical, professional, and other persons with the capacity to master and employ such skills” for “technical and professional people.”

§ 802. Fellowships for city planning, management, housing specialists, and persons with general capacity in urban affairs and problems(a) CriteriaThe Secretary is authorized to provide fellowships for the graduate training of professional city planning, management, and housing specialists, and other persons who wish to develop a general capacity in urban affairs and problems as herein provided. Persons shall be selected for such fellowships solely on the basis of ability and upon the recommendation of the Urban Studies Fellowship Advisory Board established pursuant to subsection (b). Fellowships shall be solely for training in public and private nonprofit institutions of higher education having programs of graduate study in the field of city planning or in related fields (including architecture, civil engineering, economics, municipal finance, public administration, urban affairs, and sociology) which programs are oriented to training for careers in city and regional planning, housing, urban renewal, and community development.

(b) Urban Studies Fellowship BoardThere is hereby established the Urban Studies Fellowship Advisory Board (hereinafter referred to as the “Board”), which shall consist of nine members to be appointed by the Secretary as follows: Three from public institutions of higher learning and three from private nonprofit institutions of higher education, who are the heads of departments which provide academic courses appropriately related to the fields referred to in subsection (a), and three from national organizations which are directly concerned with problems relating to urban, regional, and community development. The Board shall meet upon the request of the Secretary and shall make recommendations to him with respect to persons to be selected for fellowships under this section. Members of the Board shall be entitled to receive transportation expenses and a per diem in lieu of subsistence as authorized for members of advisory committees created pursuant to section 1701h of title 12.

(Pub. L. 88–560, title VIII, § 802, Sept. 2, 1964, 78 Stat. 802; Pub. L. 89–117, title XI, § 1103(a), Aug. 10, 1965, 79 Stat. 503; Pub. L. 90–19, § 21(d), May 25, 1967, 81 Stat. 26; Pub. L. 90–448, title XVII, § 1707(a)(2), (3), Aug. 1, 1968, 82 Stat. 606; Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 392; Pub. L. 93–383, title IV, § 402(b), Aug. 22, 1974, 88 Stat. 691.)

Editorial Notes
Codification
Pub. L. 93–383, § 402, provided for amendments to title VIII of the Housing and Urban Development Act of 1964. The amendments of the enumerated sections of such title VIII have been executed to comparable sections of title VIII of the Housing Act of 1964 as the probable intent of Congress.

Amendments1974—Subsec. (a). Pub. L. 93–383 expanded authority of Secretary to include fellowships in graduate training in city management and for persons wishing to develop a general capacity in urban affairs and added urban affairs to authorized fields of study.
1969—Pub. L. 91–152 substituted provisions authorizing the Secretary to grant fellowships solely on the basis of ability for training in city planning at public and private nonprofit institutions of higher education and establishing the Urban Studies Fellowship Advisory Board for provisions authorizing the Secretary to make matching grants to States to assist in programs providing special training in community development and to support local research and setting forth the provisions required in any plan submitted to the Secretary in order to obtain grants. The former provisions of this section are now set forth in section 803 of this title with minor amendments.
1968—Subsec. (a)(1). Pub. L. 90–448 substituted “technical, professional, and other persons with the capacity to master and employ such skills” for “technical and professional people”, and inserted provisions to include employment by a private nonprofit organization which is conducting or has responsibility for housing and community development programs.
1967—Subsecs. (a), (b). Pub. L. 90–19 substituted “Secretary” for “Administrator” wherever appearing.
1965—Subsec. (d). Pub. L. 89–117 substituted “$30,000,000” for “$10,000,000”.

Statutory Notes and Related Subsidiaries
Termination of Advisory BoardsAdvisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 803. Matching grants to States(a) PurposesSubject to the provisions of this chapter and in accordance with regulations prescribed by him, the Secretary may make matching grants to States to assist in—(1) organizing, initiating, developing, or expanding programs to provide special training in skills needed for economic and efficient community development to those technical, professional, and other persons with the capacity to master and employ such skills who are, or are training to be, employed by a governmental or public body which has responsibilities for community development, or by a private nonprofit organization which is conducting or has responsibility for housing and community development programs; and

(2) supporting State and local research that is needed in connection with housing programs and needs, public improvement programing, code problems, efficient land use, urban transportation, and similar community development problems, and collecting, collating, and publishing statistics and information relating to such research.

(b) Training in housing managementGrants may be made under subsection (a) to support (1) the training of persons, especially persons of low income, in acquiring the skills needed in the management of housing for low- and moderate-income persons, and (2) research and the dissemination of information with respect to the problems involved in the management of housing for low- and moderate-income persons.

(c) State plan; required provisionsNo grants may be made to a State under this section unless the Secretary has approved a plan for the State which—(1) sets forth the proposed use of the funds and the objectives to be accomplished;

(2) explains the method by which the required amounts from non-Federal sources will be obtained;

(3) provides such fiscal control and fund accounting procedures as may be reasonably necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State under this section;

(4) designates an officer or agency of the State government who has responsibility and authority for the administration of a statewide research and training program as the officer or agency with responsibility and authority for the execution of the State’s program under this section; and

(5) provides that such officer or agency will make such reports to the Secretary, in such form, and containing such information, as may be reasonably necessary to enable the Secretary to perform his duties under this section.

(d) Matching funds from non-Federal sourcesNo grant may be made under this section for any use unless an amount at least equal to such grant is made available from non-Federal sources for the same purpose and for concurrent use.

(Pub. L. 88–560, title VIII, § 803, Sept. 2, 1964, 78 Stat. 803; Pub. L. 89–117, title XI, § 1103(b), Aug. 10, 1965, 79 Stat. 503; Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 393; Pub. L. 91–609, title IX, § 904, Dec. 31, 1970, 84 Stat. 1809.)

Editorial Notes
Amendments1970—Subsecs. (b) to (d). Pub. L. 91–609 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1969—Pub. L. 91–152 substituted provisions authorizing the Secretary to make matching grants to States to assist in programs providing special training in community development and to support State and local research, provisions setting forth the required contents of any plan submitted to the Secretary in order to obtain grants, and provisions requiring the matching from non-Federal sources of any grant made pursuant to this section, for provisions requiring not more than 10 per centum of the total amount appropriated be used for making grants to any one State. The former provisions of this section are now set forth in section 804 of this title with minor amendments.
1965—Pub. L. 89–117 substituted “appropriated for the purposes of this subchapter” for “authorized to be appropriated by section 802(d) of this title”.

§ 803a. Project grants and contracts(a) Authorization; purposes; applicationThe Secretary is authorized to make grants to or contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects (1) for the preparation of graduate or professional students in the fields of city and regional planning and management, housing, and urban affairs, or (2) for research into, or development or demonstration of, improved methods of education for these professions. Such grants or contracts may include payment of all or part of the cost of programs or projects.

(b) Contents; use of payments(1) A grant or contract authorized by this section shall be made only upon application to the Secretary at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it—(A) sets forth programs, activities, research, or development for which a grant is authorized under this section;

(B) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subsection; and

(C) provides for making such reports, in such form and containing such information, as the Secretary may require to carry out his functions under this subsection, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

(2) Payments under this section may be used, in accordance with regulations of the Secretary, and subject to the terms and conditions set forth in an application approved under paragraph (1), to pay part of the compensation of students employed in professions referred to in subsection (a)(1), except students employed in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this subsection.

(Pub. L. 88–560, title VIII, § 804, as added Pub. L. 93–383, title IV, § 402(c)(2), Aug. 22, 1974, 88 Stat. 692.)

Editorial Notes
Codification
Pub. L. 93–383, § 402, provided for amendments to title VIII of the Housing and Urban Development Act of 1964. The amendments of the enumerated sections of such title VIII have been executed to comparable sections of title VIII of the Housing Act of 1964 as the probable intent of Congress.

§ 804. Limitation on grants to any one State
Not more than 10 per centum of the total amount appropriated for the purposes of this chapter may be used for making grants to any one State.
(Pub. L. 88–560, title VII, § 805, formerly § 804, Sept. 2, 1964, 78 Stat. 803; Pub. L. 90–19, § 21(d), May 25, 1967, 81 Stat. 26; Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 394; renumbered § 805, Pub. L. 93–383, title IV, § 402(c)(1), Aug. 22, 1974, 88 Stat. 692.)

Editorial Notes
Amendments1969—Pub. L. 91–152 substituted provisions that not more than 10 per centum of the total amount appropriated be used for making grants to any one State for provisions that authorized the Secretary to provide technical assistance, etc., to State and local bodies. The former provisions of the section are now set forth in section 805 of this title with minor amendments.
1967—Pub. L. 90–19 substituted “Secretary” for “Administrator” wherever appearing.

§ 805. Technical assistance, studies, and publication of information
In order to carry out the purpose of this chapter, the Secretary is authorized to provide technical assistance to State and local governmental or public bodies and to undertake such studies and publish and distribute such information, either directly or by contract, as he shall determine to be desirable. Nothing contained in this chapter shall limit any authority of the Secretary under any other provision of law.
(Pub. L. 88–560, title VIII, § 806, formerly § 805, Sept. 2, 1964, 78 Stat. 803; Pub. L. 90–19, § 21(e), May 25, 1967, 81 Stat. 26; Pub. L. 90–448, title XVII, § 1707(b), Aug. 1, 1968, 82 Stat. 606; Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 394; renumbered § 806, Pub. L. 93–383, title IV, § 402(c)(1), Aug. 22, 1974, 88 Stat. 692.)

Editorial Notes
Amendments1969—Pub. L. 91–152 substituted provisions authorizing the Secretary to provide technical assistance, etc., to State and local bodies to carry out the purposes of this chapter for provisions defining “State” and “Secretary” and authorizing to be appropriated such sums as may be necessary for administrative and other expenses. The former provisions of this section are now set forth in section 807 of this title with minor amendments.
1968—Subsec. (a). Pub. L. 90–448 inserted “Guam, American Samoa, the Trust Territory of the Pacific Islands,”.
1967—Subsec. (a). Pub. L. 90–19 substituted definition of “Secretary” meaning the Secretary of Housing and Urban Development for “Administrator” meaning the Housing and Home Finance Administrator.

§ 806. Authorization of appropriations; availability of funds
There is authorized to be appropriated for the purpose of making grants and providing fellowships under this chapter, without fiscal year limitation, not to exceed $30,000,000, which amount shall be increased by $3,500,000 on July 1, 1974, and by $3,500,000 on July 1, 1975. Any amounts appropriated under this section shall remain available until expended.
(Pub. L. 88–560, title VIII, § 807, formerly § 806, as added Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 394; renumbered § 807 and amended Pub. L. 93–383, title IV, § 402(c)(1), (d), Aug. 22, 1974, 88 Stat. 692.)

Editorial Notes
Codification
Pub. L. 93–383, § 402, provided for amendments to title VIII of the Housing and Urban Development Act of 1964. The amendments of the enumerated sections of such title VIII have been executed to comparable sections of title VIII of the Housing Act of 1964 as the probable intent of Congress.

Amendments1974—Pub. L. 93–383, § 402(d), inserted provisions increasing amount by $3,500,000 on July 1, 1974, and by $3,500,000 on July 1, 1975.

§ 807. Definitions; authorization of appropriations for administrative and other expenses(a) As used in this chapter the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands; and the term “Secretary” means the Secretary of Housing and Urban Development.

(b) There are authorized to be appropriated such sums as may be necessary for administrative and other expenses in carrying out this chapter.

(Pub. L. 88–560, title VIII, § 808, formerly § 807, as added Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 394; renumbered § 808, Pub. L. 93–383, title IV, § 402(c)(1), Aug. 22, 1974, 88 Stat. 692.)

Editorial Notes
Codification
This chapter formerly consisted of subchapters I and II prior to its general reorganization by Pub. L. 91–152, title III, § 307, Dec. 24, 1969, 83 Stat. 394. Former subchapter II, consisting of section 811, Pub. L. 88–560, VIII, § 810, Sept. 2, 1964, 78 Stat. 803; Pub. L. 90–19, § 21(d), (f), May 25, 1967, 81 Stat. 26; Pub. L. 90–66, Aug. 19, 1967, 81 Stat. 167, was omitted in the general reorganization of this chapter by Pub. L. 91–152. For subject matter of former section 811, see section 802 of this title.

Statutory Notes and Related Subsidiaries

Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

CHAPTER 24—GRANTS FOR EDUCATIONAL MATERIALS, FACILITIES AND SERVICES, AND STRENGTHENING OF EDUCATIONAL AGENCIES

Editorial Notes
Codification
Titles I to IX of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended, which were classified to this chapter (§ 821 et seq.), subchapter II (§ 241a et seq.) of chapter 13, and subchapter I (§ 1801 et seq.) of chapter 40 of this title, were amended generally by Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2152, known as the Education Amendments of 1978, and the Elementary and Secondary Education Act of 1965 was transferred to chapter 47 (§ 2701 et seq.) of this title. Subsequently, that act was amended generally by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519, and transferred to chapter 70 (§ 6301 et seq.) of this title.

SUBCHAPTER I—SCHOOL LIBRARY RESOURCES, TEXTBOOKS, AND OTHER INSTRUCTIONAL MATERIALS
§§ 821 to 827. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title II of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 36, by Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2201.
Section 821, Pub. L. 89–10, title II, § 201, Apr. 11, 1965, 79 Stat. 36; Pub. L. 89–750, title I, § 121, Nov. 3, 1966, 80 Stat. 1199; Pub. L. 90–247, title III, § 301(b), Jan. 2, 1968, 81 Stat. 813; Pub. L. 91–230, title I, § 121(a), Apr. 13, 1970, 84 Stat. 130; Pub. L. 93–380, title I, § 102(a), Aug. 21, 1974, 88 Stat. 501; Pub. L. 95–112, § 2(b)(1), Sept. 24, 1977, 91 Stat. 911, authorized appropriations for grants for the acquisition of books and school library resources for fiscal years ending prior to Oct. 1, 1979.
Section 822, Pub. L. 89–10, title II, § 202, Apr. 11, 1965, 79 Stat. 36; Pub. L. 89–750, title I, § 122, Nov. 3, 1966, 80 Stat. 1199; Pub. L. 90–247, title I, § 121, Jan. 2, 1968, 81 Stat. 788; Pub. L. 91–230, title I, § 121(b), Apr. 13, 1970, 84 Stat. 130; Pub. L. 92–318, title IV, § 421(b)(1)(A), June 23, 1972, 86 Stat. 341; Pub. L. 93–380, title I, § 102(b), title VIII, § 843(a), Aug. 21, 1974, 88 Stat. 502, 611, authorized additional appropriations for the territories and provided for the allotment of funds to States.
Section 823, Pub. L. 89–10, title II, § 203, Apr. 11, 1965, 79 Stat. 37; Pub. L. 89–750, title I, § 123, Nov. 3, 1966, 80 Stat. 1200; Pub. L. 92–318, title V, § 509(a)(1), June 23, 1972, 86 Stat. 353, set out the requirements for State plans.
Section 824, Pub. L. 89–10, title II, § 204, Apr. 11, 1965, 79 Stat. 38; Pub. L. 91–230, title I, § 121(c), Apr. 13, 1970, 84 Stat. 130; Pub. L. 94–482, title V, § 501(c), Oct. 12, 1976, 90 Stat. 2236; Pub. L. 95–112, § 2(b)(2), Sept. 24, 1977, 91 Stat. 911, made provision for payments to States.
Section 825, Pub. L. 89–10, title II, § 205, Apr. 11, 1965, 79 Stat. 38, provided for public control of furnished materials.
Section 826, Pub. L. 89–10, title II, § 206, Apr. 11, 1965, 79 Stat. 39, related to the administration of State plans.
Section 827, Pub. L. 89–10, title II, § 207, Apr. 11, 1965, 79 Stat. 39, related to judicial review of the Commissioner’s final action.

SUBCHAPTER II—SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES
§ 841. Omitted
Editorial Notes
Codification
Section, Pub. L. 89–10, title III, § 301, Apr. 11, 1965, 79 Stat. 39; Pub. L. 89–750, title I, § 131, Nov. 3, 1966, 80 Stat. 1201; Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 788; Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 130; Pub. L. 93–380, title I, § 103(a), Aug. 21, 1974, 88 Stat. 502; Pub. L. 94–482, title V, § 501(a)(2), Oct. 12, 1976, 90 Stat. 2235; Pub. L. 95–112, § 2(c)(1), Sept. 24, 1977, 91 Stat. 911, which authorized appropriations for the making of grants for supplementary educational centers and services for fiscal years ending prior to Oct. 1, 1979, was omitted in the general revision of title III of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title III, Apr. 11, 1965, 79 Stat. 39, by Pub. L. 95–561, title III, § 301, Nov. 1, 1978, 92 Stat. 2210.

Statutory Notes and Related Subsidiaries
Appropriation Under National Defense Provisions as Appropriation Under This SectionPub. L. 91–230, title I, § 131(c), Apr. 13, 1970, 84 Stat. 141, provided that any appropriation for the purposes of title V of the National Defense Education Act of 1958, section 481 et seq. of this title, for any fiscal year ending after June 30, 1970, was to be deemed to have been appropriated pursuant to this section.

§§ 842 to 844a. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title III of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title III, Apr. 11, 1965, 79 Stat. 39, by Pub. L. 95–561, title III, § 301, Nov. 1, 1978, 92 Stat. 2210.
Section 842, Pub. L. 89–10, title III, § 302, Apr. 11, 1965, 79 Stat. 40; Pub. L. 89–750, title I, § 132, Nov. 3, 1966, 80 Stat. 1201; Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 789; Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 131; Pub. L. 92–318, title IV, § 421(b)(1)(B), June 23, 1972, 86 Stat. 341; Pub. L. 93–380, title I, § 103(b), title VIII, § 843(a), Aug. 21, 1974, 88 Stat. 502, 611, provided for the allotment of appropriated funds for supplementary educational centers and services.
Section 843, Pub. L. 89–10, title III, § 303, Apr. 11, 1965, 79 Stat. 40; Pub. L. 89–750, title I, § 152(b), Nov. 3, 1966, 80 Stat. 1203; Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 790; Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 132; Pub. L. 92–318, title V, § 509(a)(2), June 23, 1972, 86 Stat. 353, related to the uses of Federal funds for supplementary educational centers and services.
Section 844, Pub. L. 89–10, title III, § 304, Apr. 11, 1965, 79 Stat. 41; Pub. L. 89–750, title I, §§ 133, 134, Nov. 3, 1966, 80 Stat. 1201, 1202; Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 791; Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 133, related to the content and form of applications for grant funds for supplementary educational centers and services.
Section 844a, Pub. L. 89–10, title III, § 305, as added Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 792; amended Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 135; Pub. L. 93–380, title I, § 103(c), title IV, § 402(c)(2)(i), Aug. 21, 1974, 88 Stat. 502, 546; Pub. L. 94–273, § 3(8), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95–112, § 2(c)(2), Sept. 24, 1977, 91 Stat. 911, set out the requisites for State plans for supplementary educational centers and services.
A prior section 305 of Pub. L. 89–10 was renumbered section 307 by section 131 of Pub. L. 90–247 and was set out as section 845 of this title.

§ 844b. Repealed. Pub. L. 93–380, title IV, § 402(c)(2)(ii), Aug. 21, 1974, 88 Stat. 546

Section, Pub. L. 89–10, title III, § 306, as added Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 796; amended Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 139, provided for special programs and projects.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1975, see section 402(c)(2) of Pub. L. 93–380.

§§ 845 to 848. Omitted
Editorial Notes
Codification
Section 845, Pub. L. 89–10, title III, § 307, formerly § 305, Apr. 11, 1965, 79 Stat. 43, renumbered and amended Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 796; Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 139; Pub. L. 93–380, title I, § 103(d), title IV, § 402(c)(2)(iii), title VIII, § 843(a)(2), Aug. 21, 1974, 88 Stat. 502, 546, 611; Pub. L. 94–482, title III, § 323(a)(2), Oct. 12, 1976, 90 Stat. 2217, which related to the payments to States to carry out plans for supplementary educational centers and services, was omitted in the general revision of title III of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title III, Apr. 11, 1965, 79 Stat. 39, by Pub. L. 95–561, title III, § 301, Nov. 1, 1978, 92 Stat. 2210.
Section 846, Pub. L. 89–10, title III, § 306, Apr. 11, 1965, 79 Stat. 43, required the establishment of an Advisory Committee on Supplementary Educational Centers and Services in the Office of Education, specified its membership and functions and provided for the compensation of its members, and was omitted in the general reorganization of this subchapter by Pub. L. 90–247.
Sections 847 and 847a were omitted in the general revision of title III of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title III, Apr. 11, 1965, 79 Stat. 39, by Pub. L. 95–561, title III, § 301, Nov. 1, 1978, 92 Stat. 2210.
Section 847, Pub. L. 89–10, title III, § 308, formerly § 307, Apr. 11, 1965, 79 Stat. 44, renumbered Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 797; amended Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 140, related to the recovery of payments to supplementary educational centers and services.
Section 847a, Pub. L. 89–10, title III, § 309, as added Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 797; amended Pub. L. 91–230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 140; Pub. L. 93–380, title VIII, § 845(b), Aug. 21, 1974, 88 Stat. 612; Pub. L. 94–273, § 3(8), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95–112, § 2(c)(3), Sept. 24, 1977, 91 Stat. 911, provided for the establishment of a National Advisory Council on Supplementary Centers and Services.
Section 848, Pub. L. 89–10, title III, § 310, formerly § 308, Apr. 11, 1965, 79 Stat. 44, renumbered Pub. L. 90–247, title I, § 131, Jan. 2, 1968, 81 Stat. 798, which related to labor standards for grant-assisted construction projects, was eliminated in the general amendment of this subchapter by section 131(a)(1) of Pub. L. 91–230. See section 1232b of this title.

SUBCHAPTER III—STRENGTHENING STATE AND LOCAL EDUCATIONAL AGENCIES
Part A—Grants to Strengthen State Departments of Education
§§ 861 to 865. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title V of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95–561, title V, § 501, Nov. 1, 1978, 92 Stat. 2240.
Section 861, Pub. L. 89–10, title V, § 501, Apr. 11, 1965, 79 Stat. 47; Pub. L. 89–750, title I, § 151, Nov. 3, 1966, 80 Stat. 1203; Pub. L. 90–247, title I, § 141, Jan. 2, 1968, 81 Stat. 799; Pub. L. 91–230, title I, §§ 141, 143(a)(4)(B), Apr. 13, 1970, 84 Stat. 141, 142; Pub. L. 93–380, title I, § 104(a), Aug. 21, 1974, 88 Stat. 503; Pub. L. 95–112, § 2(e)(1), Sept. 24, 1977, 91 Stat. 911, authorized appropriations for grants to strengthen State departments of education for fiscal years ending prior to Oct. 1, 1979.
Section 862, Pub. L. 89–10, title V, § 502, Apr. 11, 1965, 79 Stat. 48; Pub. L. 89–750, title I, § 152(c), Nov. 3, 1966, 80 Stat. 1203; Pub. L. 90–247, title I, §§ 142(a), 143, 145(b)(1), (2), Jan. 2, 1968, 81 Stat. 799, 800; Pub. L. 91–230, title I, § 143(a)(4)(B), Apr. 13, 1970, 84 Stat. 142; Pub. L. 93–380, title VIII, § 843(a)(2), (3), Aug. 21, 1974, 88 Stat. 611, related to the apportionment of grant funds among States.
Section 863, Pub. L. 89–10, title V, § 503, Apr. 11, 1965, 79 Stat. 49; Pub. L. 89–750, title I, §§ 152(a), 154, Nov. 3, 1966, 80 Stat. 1203, 1204; Pub. L. 90–247, title I, §§ 144, 145(a), Jan. 2, 1968, 81 Stat. 799, 800; Pub. L. 91–230, title I, §§ 142(a), 143(a)(4)(C), Apr. 13, 1970, 84 Stat. 142; Pub. L. 92–318, title V, § 509(a)(3), June 23, 1972, 86 Stat. 353, related to programs and activities covered.
Section 864, Pub. L. 89–10, title V, § 504, Apr. 11, 1965, 79 Stat. 50; Pub. L. 89–750, title I, § 152(d), Nov. 3, 1966, 80 Stat. 1203; Pub. L. 91–230, title I, § 143(a)(4)(B), Apr. 13, 1970, 84 Stat. 142, related to the findings prerequisite to the approval of applications for apportioned funds.
Section 865, Pub. L. 89–10, title V, § 505, Apr. 11, 1965, 79 Stat. 51; Pub. L. 90–247, title I, §§ 145(b)(3), 146, Jan. 2, 1968, 81 Stat. 800, related to special project grants.

Part B—Local Educational Agencies
§§ 866 to 866d. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title V of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95–561, title V, § 501, Nov. 1, 1978, 92 Stat. 2240.
Section 866, Pub. L. 89–10, title V, § 521, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 142; amended Pub. L. 93–380, title I, § 104(b), Aug. 21, 1974, 88 Stat. 503; Pub. L. 95–112, § 2(e)(2), Sept. 24, 1977, 91 Stat. 911, authorized appropriations for grants to local educational agencies for fiscal years ending prior to Oct. 1, 1979.
A prior section 866, Pub. L. 89–10, title V, § 506, Apr. 11, 1965, 79 Stat. 51, provided for payments to States: installments; advances or reimbursement; and adjustments, prior to repeal by Pub. L. 91–230, title I, § 143(a)(4)(A), Apr. 13, 1970, 84 Stat. 142.
Section 866a, Pub. L. 89–10, title V, § 522, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 143; amended Pub. L. 93–380, title VIII, § 843(a)(2), (3), Aug. 21, 1974, 88 Stat. 611, related to the apportionment of grant funds among States.
Section 866b, Pub. L. 89–10, title V, § 523, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 143, related to grants from apportioned funds and to the programs and activities covered.
Section 866c, Pub. L. 89–10, title V, § 524, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 144, related to the approval of applications by the Commissioner.
Section 866d, Pub. L. 89–10, title V, § 525, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 144, related to the approval of applications by State educational agencies.

Part C—Comprehensive Educational Planning and Evaluation
§§ 867 to 867c. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title V of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95–561, title V, § 501, Nov. 1, 1978, 92 Stat. 2240.
Section 867, Pub. L. 89–10, title V, § 531, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 145; amended Pub. L. 93–380, title I, § 104(c), title VIII, § 843(a)(2), (3), Aug. 21, 1974, 88 Stat. 503, 611; Pub. L. 95–112, § 2(e)(3), Sept. 24, 1977, 91 Stat. 911, authorized the appropriation of funds for comprehensive planning and evaluation grants for fiscal years ending prior to Oct. 1, 1979.
A prior section 867, Pub. L. 89–10, title V, § 507, Apr. 11, 1965, 79 Stat. 51, as amended, was renumbered § 553 by Pub. L. 91–230, title I, § 143(a)(3), Apr. 13, 1970, 84 Stat. 142, and was classified to section 869b of this title which was repealed by Pub. L. 91–648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925.
Section 867a, Pub. L. 89–10, title V, § 532, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 146, related to comprehensive planning and evaluation grants and to the establishment and functioning of State planning and evaluation agencies.
Section 867b, Pub. L. 89–10, title V, § 533, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 147, related to the form and content of grant applications.
Section 867c, Pub. L. 89–10, title V, § 534, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 148, related to the required annual reports.

§ 868. Omitted
Editorial Notes
Codification
Section, Pub. L. 89–10, title V, § 541, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 148; amended Pub. L. 95–112, § 2(e)(4), Sept. 24, 1977, 91 Stat. 912, which provided for the establishment of a National Council on Quality in Education and State advisory councils, was omitted in the general revision of title V of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95–561, title V, § 501, Nov. 1, 1978, 92 Stat. 2240.
A prior section 868, Pub. L. 89–10, title V, § 508, Apr. 11, 1965, 79 Stat. 54, which provided for administration of State plan, was repealed by Pub. L. 91–230, title I, § 143(a)(4)(A), Apr. 13, 1970, 84 Stat. 142.
Provisions similar to those comprising subsecs. (a)(1), (2)(A), (E), and (a)(3) of this section were contained in section 510(a), (b), (d) of Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 54, which was classified to section 870(a), (b), (d) of this title, prior to repeal of section 870 and general amendment of title V by section 143(a)(4)(A) and (D) of Pub. L. 91–230, respectively.

Part E—General Provisions
§§ 869, 869a. Omitted
Editorial Notes
Codification
Section 869, Pub. L. 89–10, title V, § 551, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 150, which related to the administration of plans, to hearings, and to the steps following a failure to comply with the provisions related of this subchapter, was omitted in the general revision of title V of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95–561, title V, § 501, Nov. 1, 1978, 92 Stat. 2240.
A prior section 869, Pub. L. 89–10, title V, § 509, Apr. 11, 1965, 79 Stat. 54, which provided for judicial review, was repealed by Pub. L. 91–230, title I, § 143(a)(4)(A), Apr. 13, 1970, 84 Stat. 142.
Provisions similar to those comprising this section were contained in section 508 of Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 54, which was classified to section 868 of this title, prior to repeal of section 868 and general amendment of title V by section 143(a)(4)(A) and (D) of Pub. L. 91–230, respectively.
Section 869a, Pub. L. 89–10, title V, § 552, as added Pub. L. 91–230, title I, § 143(a)(4)(D), Apr. 13, 1970, 84 Stat. 151, which provided for judicial review of Commissioner’s decision concerning approval of application or withholding of payments, was omitted in the general revision of title V of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 47, by Pub. L. 95–561, title V, § 501, Nov. 1, 1978, 92 Stat. 2240.
Provisions similar to those comprising this section were contained in section 509 of Pub. L. 89–10, title V, Apr. 11, 1965, 79 Stat. 54, which was classified to section 869 of this title, prior to repeal of section 869 and general amendment of title V by section 143(a)(4)(A) and (D) of Pub. L. 91–230, respectively.

§ 869b. Repealed. Pub. L. 91–648, title IV, § 403, Jan. 5, 1971, 84 Stat. 1925

Section, Pub. L. 89–10, title V, § 553, formerly § 507, Apr. 11, 1965, 79 Stat. 51, amended Pub. L. 89–750, title I, § 153, Nov. 3, 1966, 80 Stat. 1204; renumbered and amended Pub. L. 91–230, title I, § 143(a)(3), Apr. 13, 1970, 84 Stat. 142, relating to interchange of personnel of Office of Education with States, provided in subsec. (a), definitions; subsec. (b), authorization for interchange and period of assignment; subsec. (c), Federal personnel assigned to States, compensation, continuation of Federal employment benefits, and disability; subsec. (d), reimbursement by States for services of assigned Federal personnel; subsec. (e), travel expenses of assigned Federal personnel; subsec. (f), State personnel assigned duty with Office of Education; subsec. (g), conflict of interest, disability of State personnel assigned with Office of Education; subsec. (h), travel expenses of assigned personnel; and subsec. (i), assignments of personnel subject to regulations of Commissioner.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective sixty days after Jan. 5, 1971, see section 404 of Pub. L. 91–648, set out as an Effective Date note under section 3371 of Title 5, Government Organization and Employees.

§ 870. Repealed. Pub. L. 91–230, title I, § 143(a)(4)(A), title IV, § 401(h)(3), Apr. 13, 1970, 84 Stat. 142, 174

Section, Pub. L. 89–10, title V, § 510, Apr. 11, 1965, 79 Stat. 54, related to the Advisory Council on State Departments of Education, providing in: subsec. (a) for its appointment by the Secretary within ninety days after April 11, 1965 and its functions; subsec. (b) for the membership and their qualifications; subsec. (c) for engagement of technical, clerical, and other assistance and access to pertinent data of the Department; subsec. (d) for an annual report to the Secretary and transmittal of it to the President and Congress; and (e) for compensation ($100 per day limitation, including travel time) and travel expenses of members of the Council.

SUBCHAPTER IV—EDUCATION OF HANDICAPPED CHILDREN
§§ 871 to 880a. Repealed. Pub. L. 91–230, title VI, § 662(3), Apr. 13, 1970, 84 Stat. 188

Section 871, Pub. L. 89–10, title VI, § 601, formerly § 601(a), as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1204; renumbered § 601 and amended Pub. L. 90–247, title I, §§ 151(4), 152(b)(2), title III, § 301(c)(1), Jan. 2, 1968, 81 Stat. 800, 803, 813, authorized grants to States for education of handicapped children.

Section 872, Pub. L. 89–10, title VI, § 602, formerly § 601(b), as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1204; renumbered § 602 and amended Pub. L. 90–247, title I, §§ 151(4), 152(b)(3), title III, § 301(c)(2), Jan. 2, 1968, 81 Stat. 800, 803, 813, authorized appropriations of $50,000,000; $150,000,000; $162,500,000; and $200,000,000 for fiscal years ending June 30, 1967, 1968, 1969, 1970, respectively.

Section 873, Pub. L. 89–10, title VI, § 603, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1205; amended Pub. L. 90–247, title I, §§ 152(b)(3), 153 Jan. 2, 1968, 81 Stat. 803, 804, related to allotment of appropriated funds: additional appropriation for outlying areas, payments to Secretaries of Interior and Defense, allotment among States; determination of population figures by Commissioner; reallotment.

Section 874, Pub. L. 89–10, title VI, § 604, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1205; amended Pub. L. 90–247, title I, § 151(4), Jan. 2, 1968, 81 Stat. 800, related to submission of State plans to Commissioner and requirements of such plans.

Section 875, Pub. L. 89–10, title VI, § 605, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1207, provided for payments.

Section 876, Pub. L. 89–10, title VI, § 606, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1207; amended Pub. L. 90–247, title I, § 151(4), Jan. 2, 1968, 81 Stat. 800, related to administration of State plans.

Section 877, Pub. L. 89–10, title VI, § 607, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1207, provided for judicial review: jurisdiction, record; findings, substantial evidence, remand; review by United States Supreme Court.

Section 877a, Pub. L. 89–10, title VI, § 608, as added Pub. L. 90–247, title I, § 151(5), Jan. 2, 1968, 81 Stat. 801, related to regional resource centers: authorization of appropriations of $7,500,000; $7,750,000; and $10,000,000 for fiscal years ending June 30, 1968, 1969, and 1970, respectively; availability of appropriations for grants and contracts, functions of centers; considerations governing approval, of application; and manner of payment, adjustment of overpayments and underpayments.

Section 877b, Pub. L. 89–10, title VI, § 609, as added Pub. L. 90–247, title I, § 151(5), Jan. 2, 1968, 81 Stat. 801, related to model centers for deaf-blind children: Congressional declaration of purpose; authorization of Secretary to make grants and contracts; considerations governing making of grants or contracts; necessary services to be provided by centers; payment of costs of research, development, training and dissemination; definition of “construction”; recovery of payments; determination of children who are both deaf and blind; manner of payment, adjustment of overpayments and underpayments; and authorization of appropriations of $1,000,000; $3,000,000; and $7,000,000 for fiscal years ending June 30, 1968, 1969, and 1970, respectively.

Section 877c, Pub. L. 89–10, title VI, § 610, as added Pub. L. 90–247, title I, § 151(5), Jan. 2, 1968, 81 Stat. 803, authorized grants or contracts to improve recruitment of educational personnel and dissemination of information concerning educational opportunities for handicapped.

Section 878, Pub. L. 89–10, title VI, § 611, formerly § 608, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1207; renumbered § 611, Pub. L. 90–247, title I, § 151(3), Jan. 2, 1968, 81 Stat. 800, provided for National Advisory Committee on Handicapped Children: membership; functions, annual report, recommendations; compensation, travel and per diem expenses; advisory professional and technical personnel.

Section 879, Pub. L. 89–10, title VI, § 612, formerly § 609, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1208; renumbered § 612, Pub. L. 90–247, title I, § 151(3), Jan. 2, 1968, 81 Stat. 800, provided for a bureau for education and training of the handicapped.

Section 880, Pub. L. 89–10, title VI, § 613, formerly § 610, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1208; renumbered § 613, Pub. L. 90–247, title I, § 151(3), Jan. 2, 1968, 81 Stat. 800, provided for labor standards requirement (prevailing wage rates).

Section 880a, Pub. L. 89–10, title VI, § 614, formerly § 602, as added Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1204; renumbered § 614, Pub. L. 90–247, title I, § 152(a), Jan. 2, 1968, 81 Stat. 803, defined “handicapped children”.

Such sections 871 to 877 comprised Part A—Assistance to States for education of handicapped children.

Section 877a comprised Part B—Regional resource centers for improvement of education of handicapped children.

Section 877b comprised Part C—Centers and services for deaf-blind children.

Section 877c comprised Part D—Recruitment of personnel and information on education of handicapped.

Sections 878 to 880a comprised Part E—General provisions.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1971, see section 662 of Pub. L. 91–230.

Short TitleSection 615 of Pub. L. 89–10, as added by Pub. L. 90–247, title I, § 154, Jan. 2, 1968, 81 Stat. 804, which provided that title VI of Pub. L. 89–10 [enacting this subchapter] was to be cited as the “Education of the Handicapped Act”, was repealed by Pub. L. 91–230, title VI, § 662(3), Apr. 13, 1970, 84 Stat. 188.

SUBCHAPTER IV–A—BILINGUAL EDUCATION
§ 880b. Omitted
Editorial Notes
Codification
Section 880b, Pub. L. 89–10, title VII, § 702, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 503, which set out the Congressional declaration of policy with regard to bilingual education and authorized appropriations for fiscal years through the 1978 fiscal year, was omitted in the general revision of title VII of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title VII, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268.
A prior section 880b, Pub. L. 89–10, title VII, § 702, as added Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, provided for Congressional declaration of policy and defined “children of limited English-speaking ability”. Such provision remaining in effect through June 30, 1975, to the extent not inconsistent with the amendment made by section 105 of Pub. L. 93–380, see section 105(a)(2)(A) of Pub. L. 93–380, title I, Aug. 21, 1974, 88 Stat. 503.

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 89–10, title VII, § 701, as added by Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, and reenacted by Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 503, which provided that this subchapter be cited as the “Bilingual Education Act”, was omitted in the general revision of this subchapter, title VII of the Elementary and Secondary Education Act of 1965, as added by Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268. See Codification note above.

§ 880b–1. Omitted
Editorial Notes
Codification
Section 880b–1, Pub. L. 89–10, title VII, § 703, as added and amended Pub. L. 93–380, title I, § 105(a)(1), (b), Aug. 21, 1974, 88 Stat. 504, 512, which made general provisions for the bilingual education program, was omitted in the general revision of title VII of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title VII, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268.
A prior section 880b–1, Pub. L. 89–10, title VII, § 703, as added Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816; amended Pub. L. 91–230, title I, § 151, Apr. 13, 1970, 84 Stat. 151, authorized appropriation of 15, 30, 40, 80, 100, and 135 million dollars for fiscal years ending June 30, 1968 through 1973, respectively, and for distribution of funds.

§§ 880b–2 to 880b–5. Omitted
Editorial Notes
Codification
Sections 880b–2 to 880b–5, were to remain in effect through June 30, 1975. See section 105(a)(2)(A) of Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 512.
Section 880b–2, Pub. L. 89–10, title VII, § 704, as added Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 817, related to uses for Federal funds.
Section 880b–3, Pub. L. 89–10, title VII, § 705, as added Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 817 related to applications for grants, providing in subsec.: (a) for time of and contents of applications; (b) conditions for approval; and (c) amendments.
Section 880b–3a, Pub. L. 89–10, title VII, § 706, as added Pub. L. 91–230, title I, § 152(a), Apr. 13, 1970, 84 Stat. 151; amended Pub. L. 92–318, title IV, § 452, June 23, 1972, 86 Stat. 345, provided for children in schools on or near reservations, subsec. (a) relating to local educational agency status of Indian institution or organization and subsec. (b) to payments to Secretary of Interior and criteria for such payments.
Section 880b–4, Pub. L. 89–10, title VII, § 707, formerly § 706, as added Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819; renumbered § 707 and amended Pub. L. 91–230, title I, § 152(a), (b), Apr. 13, 1970, 84 Stat. 151, 152, related to payments to applicants.
Section 880b–5, Pub. L. 89–10, title VII, § 708, formerly § 707, as added Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819; renumbered § 708 and amended Pub. L. 91–230, title I, §§ 152(a), 153, title IV, § 401(h)(3), Apr. 13, 1970, 84 Stat. 151, 152, 174; Pub. L. 93–380, title VIII, § 845(c), Aug. 21, 1974, 88 Stat. 612; Pub. L. 94–482, title V, § 501(a)(21), Oct. 12, 1976, 90 Stat. 2236, related to establishment of an Advisory Committee on Education of Bilingual Children.

§ 880b–6. Repealed. Pub. L. 91–230, title IV, § 401(g)(5), Apr. 13, 1970, 84 Stat. 174

Section, Pub. L. 89–10, title VII, § 709, formerly § 708, as added Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819; renumbered § 709 Pub. L. 91–230, title I, § 152(a), Apr. 13, 1970, 84 Stat. 151, related to labor standards requirement (prevailing wage rates).

Part A—Financial Assistance for Bilingual Education Programs
§§ 880b–7 to 880b–9. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title VII of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title VII, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268.
Section 880b–7, Pub. L. 89–10, title VII, § 721, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 506, provided for bilingual education programs.
Section 880b–8, Pub. L. 89–10, title VII, § 722, as added Pub. L. 93–380, Title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 507, related to Indian children in schools.
Section 880b–9, Pub. L. 89–10, title VII, § 723, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 508; amended Pub. L. 94–273, § 3(7), Apr. 21, 1976, 90 Stat. 376; S. Res. 4, Feb. 4, 1977, related to grants and contract for training.

Part B—Administration
§§ 880b–10, 880b–11. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title VII of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title VII, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268.
Section 880b–10, Pub. L. 89–10, title VII, § 731, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 509; amended Pub. L. 94–273, § 3(7), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–482, title V, § 501(d)(1), Oct. 12, 1976, 90 Stat. 2237, established the Office of Bilingual Education.
Section 880b–11, Pub. L. 89–10, title VII, § 732, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 510; amended Pub. L. 94–482, title V, § 501(a)(21), (d)(2), Oct. 12, 1976, 90 Stat. 2236, 2237, provided for the establishment of the National Advisory Council on Bilingual Education.

Statutory Notes and Related Subsidiaries
Appointment of National Advisory Council on Bilingual EducationPub. L. 93–380, title I, § 105(a)(2)(B), Aug. 21, 1974, 88 Stat. 512, provided for the appointment of the National Advisory Council on Bilingual Education, which Council was provided for by section 880b–11, within 90 days after Aug. 21, 1974. See Codification note above.

Part C—Supportive Services and Activities
§§ 880b–12, 880b–13. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title VII of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title VII, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268.
Section 880b–12, Pub. L. 89–10, title VII, § 741, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, provided for the administration of the research and demonstration projects program.
Section 880b–13, Pub. L. 89–10, title VII, § 742, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511; amended Pub. L. 94–482, title V, § 501(d)(3), Oct. 12, 1976, 90 Stat. 2237, related to research and demonstration projects.

SUBCHAPTER V—GENERAL PROVISIONS
§ 881. Transferred
Editorial Notes
Codification
Section, Pub. L. 89–10, title VIII, § 801, formerly title VI, § 601, Apr. 11, 1965, 79 Stat. 55, renumbered title VII, § 701, Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1204, renumbered title VIII, § 801, and amended Pub. L. 90–247, title I, §§ 142(b), 152(c), title VII, §§ 702, 703, Jan. 2, 1968, 81 Stat. 799, 803, 816, 819; Pub. L. 91–230, title I, § 162, Apr. 13, 1970, 84 Stat. 152; Pub. L. 94–193, § 1(c), Dec. 31, 1975, 89 Stat. 1102; Pub. L. 94–482, title V, § 501(l), Oct. 12, 1976, 90 Stat. 2237, which related to definitions, was renumbered Pub. L. 89–10, title X, § 1001 by Pub. L. 95–561, title VIII, § 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and transferred to section 3381 of this title, and was subsequently omitted in the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519.

§ 882. Repealed. Pub. L. 91–230, title IV, § 401(h)(3), Apr. 13, 1970, 84 Stat. 174

Section, Pub. L. 89–10, title VIII, § 802, formerly title VI, § 602, Apr. 11, 1965, 79 Stat. 57, renumbered title VII, § 702, Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1204, renumbered title VIII, § 802, Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, provided for appointment of advisory council and for compensation ($100 per day limitation, including travel time) and travel expenses of the members.

§§ 883 to 885. Transferred
Editorial Notes
Codification
Section 883, Pub. L. 89–10, title VIII, § 803, formerly title VI, § 603, Apr. 11, 1965, 79 Stat. 57; renumbered title VII, § 703, and amended Pub. L. 89–750, title I, §§ 111(f), 161, Nov. 3, 1966, 80 Stat. 1196, 1204; renumbered title VIII, § 803, Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816; amended Pub. L. 91–230, title I, § 163, title IV, § 401(c)(2), Apr. 13, 1970, 84 Stat. 152, 173, was comprised of subsecs. (a) to (c). Subsecs. (a) and (b) were repealed by Pub. L. 91–230, title IV, § 401(c)(2), Apr. 13, 1970, 84 Stat. 173. Subsec. (c), which related to federal administration, was renumbered Pub. L. 89–10, title X, § 1002 by Pub. L. 95–561, title VIII, § 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and transferred to section 3382 of this title, and was subsequently omitted in the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519.
Section 884, Pub. L. 89–10, title VIII, § 804, as added Pub. L. 93–380, title I, § 106, Aug. 21, 1974, 88 Stat. 512, which related to limitations on refund of payments, was renumbered Pub. L. 89–10, title X, § 1003 by Pub. L. 95–561, title VIII, § 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and transferred to section 3383 of this title, and was subsequently omitted in the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519.
A prior section 884, Pub. L. 89–10, title VIII, § 804, formerly title VI, § 604, Apr. 11, 1965, 79 Stat. 57; renumbered title VII, § 704, and amended Pub. L. 89–750, title I, §§ 161, 181, Nov. 3, 1966, 80 Stat. 1204, 1209; renumbered title VIII, § 804, Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, prohibited Federal control of education (curriculum, program of instruction, administration, personnel of any educational institution or system, selection of library resources, textbooks, or other printed or published instructional material, and assignment or transportation of students or teachers in order to overcome racial imbalance), was repealed by Pub. L. 91–230, title IV, § 401(f)(5), Apr. 13, 1970, 84 Stat. 173.
Section 885, Pub. L. 89–10, title VIII, § 805, formerly title VI, § 605, Apr. 11, 1965, 79 Stat. 58; renumbered title VII, § 705, Pub. L. 89–750, title I, § 161, Nov. 3, 1966, 80 Stat. 1204; renumbered title VIII, § 805, Pub. L. 90–247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, which prohibited the use of funds for religious worship or instruction, was renumbered Pub. L. 89–10, title X, § 1004 by Pub. L. 95–561, title VIII, § 801(1), (2), Nov. 1, 1978, 92 Stat. 2284 and transferred to section 3384 of this title. Section 1004 of Pub. L. 89–10, as so renumbered, was amended by Pub. L. 95–561, title IX, § 901(b), Nov. 1, 1978, 92 Stat. 2305, by substituting provisions waiving requirements for certain jurisdictions for those prohibiting use of funds for religious worship or instruction.

§ 886. Repealed. Pub. L. 91–230, title IV, § 401(d)(4), Apr. 13, 1970, 84 Stat. 173

Section, Pub. L. 89–10, title VIII, § 806, formerly title VII, § 706, as added Pub. L. 89–750, title I, § 171, Nov. 3, 1966, 80 Stat. 1209; renumbered § 806 and amended Pub. L. 90–247, title I, § 171, title VII, § 702, Jan. 2, 1968, 81 Stat. 805, 816, provided for dissemination of information and authorization of appropriations of $1,500,000; $3,500,000; $3,700,000; and $4,000,000 for fiscal years ending June 30, 1967, 1968, 1969, and 1970.

Statutory Notes and Related Subsidiaries
Termination of SectionPub. L. 90–576, title III, § 303(e), Oct. 16, 1968, 82 Stat. 1096, which provided that this section shall become ineffective the first fiscal year for which funds are appropriated to carry out the provisions of section 6 of this title, was repealed by section 401(d)(3) of Pub. L. 91–230.

§§ 887, 887a. Omitted
Editorial Notes
Codification
Section 887, Pub. L. 89–10, title VIII, § 807, formerly title VII, § 707, as added and renumbered Pub. L. 90–247, title I, § 172, title VII, § 702, Jan. 2, 1968, 81 Stat. 806, 816; amended Pub. L. 91–230, title I, § 161, Apr. 13, 1970, 84 Stat. 152; Pub. L. 93–380, title I, § 107(a), Aug. 21, 1974, 88 Stat. 512; Pub. L. 95–112, § 2(f)(1), Sept. 24, 1977, 91 Stat. 912, which related to dropout prevention projects, was omitted in the general revision of title VII of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title VII, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268.
Section 887a, Pub. L. 89–10, title VIII, § 808, as added Pub. L. 91–230, title I, § 164, Apr. 13, 1970, 84 Stat. 153; amended Pub. L. 93–380, title I, § 108(a), Aug. 21, 1974, 88 Stat. 513; Pub. L. 95–112, § 2(f)(2), Sept. 24, 1977, 91 Stat. 912, which related to school nutrition and health services for children from low-income families, was omitted in the general revision of title VII of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title VII, as added Pub. L. 93–380, title I, § 105(a)(1), Aug. 21, 1974, 88 Stat. 511, by Pub. L. 95–561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2268.

§ 887b. Repealed. Pub. L. 93–380, title IV, § 402(c)(3), Aug. 21, 1974, 88 Stat. 546

Section, Pub. L. 89–10, title VIII, § 809, as added Pub. L. 91–230, title I, § 164, Apr. 13, 1970, 84 Stat. 154; amended Pub. L. 93–380, title I, § 109(a), Aug. 21, 1974, 88 Stat. 513, related to correction education services, providing in subsecs. (a) for grants for research and demonstration projects; (b) for appointment and functions of advisory committees and furnishing of advice and recommendations of Federal officials and other persons and organizations to the Commissioner; and (c) for authorization of $500,000 for fiscal years ending June 30, 1974, and 1975.

Section 109(b) of Pub. L. 93–380 made such authorizations effective on and after July 1, 1974.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1975, see section 402(c)(3) of Pub. L. 93–380.

§§ 887c to 887c–2. Transferred
Editorial Notes
Codification
Section 887c, Pub. L. 89–10, title VIII, § 810, as added Pub. L. 92–318, title IV, § 421(a), June 23, 1972, 86 Stat. 339; amended Pub. L. 93–380, title VI, §§ 631(a), 632(a), Aug. 21, 1974, 88 Stat. 585, 586, which related to improvement of educational opportunities for Indian children, was renumbered Pub. L. 89–10, title X, § 1005, by Pub. L. 95–561, title VIII, § 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and transferred to section 3385 of this title, and was subsequently repealed by Pub. L. 100–297, title V, § 5352(2), Apr. 28, 1988, 102 Stat. 414.
Section 887c–1, Pub. L. 92–318, title IV, § 422, as added Pub. L. 93–380, title VI, § 632(c), Aug. 21, 1974, 88 Stat. 586; amended Pub. L. 95–561, title XI, §§ 1141(c)(1), 1152(a), Nov. 1, 1978, 92 Stat. 2329, 2333, which related to special educational training programs for teachers of Indian people, was transferred to section 3385a of this title, and was subsequently repealed by Pub. L. 100–297, title V, § 5352(4), Apr. 28, 1988, 102 Stat. 414.
Section 887c–2, Pub. L. 92–318, title IV, § 423, as added Pub. L. 93–380, title VI, § 632(c), Aug. 21, 1974, 88 Stat. 586; amended Pub. L. 95–561, title XI, §§ 1141(c)(2), 1152(b), Nov. 1, 1978, 92 Stat. 2329, 2333, which related fellowships for Indian students, was transferred to section 3385b of this title, and was subsequently repealed by Pub. L. 100–297, title V, § 5352(4), Apr. 28, 1988, 102 Stat. 414.

§ 887d. Repealed. Pub. L. 95–561, title III, § 301(b)(1)(F), Nov. 1, 1978, 92 Stat. 2228

Section, Pub. L. 89–10, title VIII, § 811, as added Pub. L. 92–318, title V, § 505(a)(3), June 23, 1972, 86 Stat. 348; amended Pub. L. 93–380, title IV, § 407(a), Aug. 21, 1974, 88 Stat. 553, related to consumers’ education programs.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Sept. 30, 1979, see section 301(b)(1) of Pub. L. 95–561.

Congressional Declaration of Findings and PurposePub. L. 92–318, § 505(a)(1), (2), June 23, 1972, 86 Stat. 348, provided the findings and purpose of Congress for this section.

§ 887e. Transferred
Editorial Notes
Codification
Section, Pub. L. 89–10, title VIII, § 812, as added Pub. L. 93–380, title I, § 110, Aug. 21, 1974, 88 Stat. 513, which provided for open meetings of educational agencies, was renumbered Pub. L. 89–10, title X, § 1006, by Pub. L. 95–561, title VIII, § 801(1), (2), Nov. 1, 1978, 92 Stat. 2284, and transferred to section 3386 of this title, and was subsequently omitted in the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519.

§ 888. Repealed. Pub. L. 91–230, title IV, § 401(e)(1), Apr. 13, 1970, 84 Stat. 173

Section, Pub. L. 90–247, § 2, Jan. 2, 1968, 81 Stat. 783, which was not enacted as part of Pub. L. 89–10 which comprised this subchapter, provided for citation of authority and uniform application of rules and regulations.

SUBCHAPTER VI—ETHNIC HERITAGE PROGRAM
§§ 900 to 900a–5. Omitted
Editorial Notes
Codification
Sections were omitted in the general revision of title IX of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, title IX, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 347, by Pub. L. 95–561, title VIII, § 802, Nov. 1, 1978, 92 Stat. 2292.
Section 900, Pub. L. 89–10, title IX, § 901, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 346, contained the Congressional statement of policy with regard to the ethnic heritage program.
Section 900a, Pub. L. 89–10, title IX, § 902, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 347, authorized grants for the ethnic heritage studies program.
Section 900a–1, Pub. L. 89–10, title IX, § 903, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 347; amended Pub. L. 93–380, title I, § 111(b), Aug. 21, 1974, 88 Stat. 513, described the authorized activities for the ethnic heritage program.
Section 900a–2, Pub. L. 89–10, title IX, § 904, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 347, related to the form and content of applications for assistance.
Section 900a–3, Pub. L. 89–10, title IX, § 905, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 347, related to the administration of the program.
Section 900a–4, Pub. L. 89–10, title IX, § 906, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 348, established the National Advisory Council on Ethnic Heritage Studies.
Section 900a–5, Pub. L. 89–10, title IX, § 907, as added Pub. L. 92–318, title V, § 504(a), June 23, 1972, 86 Stat. 348; amended Pub. L. 93–380, title I, § 111(a)(1), Aug. 21, 1974, 88 Stat. 513, authorized appropriations for fiscal years through fiscal year 1978.

CHAPTER 25—PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

Sec.

901.Definitions.

902.Regulations of Secretary of Defense.

903.Administration.

904.Leave.

905.Quarters, quarters allowances, and storage.

906.Entitlements in addition to basic compensation.

907.Applicability of other laws.

§ 901. Definitions
For the purposes of this chapter, the term—(1) “teaching position” means those duties and responsibilities which—(A) are performed on a school-year basis principally in a school operated by the Department of Defense in an overseas area for dependents of members of the Armed Forces and dependents of civilian employees of the Department of Defense, or are performed by an individual who carried out certain teaching activities identified in regulations prescribed by the Secretary of Defense; and

(B) involve—(i) classroom or other instruction or the supervision or direction of classroom or other instruction; or

(ii) any activity (other than teaching) which requires academic credits in educational theory and practice equal to the academic credits in educational theory and practice required for a bachelor’s degree in education from an accredited institution of higher education; or

(iii) any activity in or related to the field of education notwithstanding that academic credits in educational theory and practice are not a formal requirement for the conduct of such activity.

(2) “teacher” means an individual—(A) who is a citizen of the United States or, in the case of a teaching position that involves instruction in the host-nation language, a local national when a citizen of the United States is not reasonably available to provide such instruction,

(B) who is a civilian, and

(C) who is employed in a teaching position described in paragraph (1).

(3) “overseas area” means any area situated outside the United States.

(4) “United States”, when used in a geographical sense, means the several States of the United States of America, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, the Canal Zone, and the possessions of the United States (excluding the Trust Territory of the Pacific Islands and Midway Islands).

(Pub. L. 86–91, § 2, July 17, 1959, 73 Stat. 213; Pub. L. 104–201, div. A, title XVI, § 1606(a), Sept. 23, 1996, 110 Stat. 2736; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(A), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 113–291, div. A, title V, § 564, Dec. 19, 2014, 128 Stat. 3384.)

Editorial Notes

References in TextFor definition of Canal Zone, referred to in par. (4), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Codification
Section was formerly classified to section 2351 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments2014—Par. (2)(A). Pub. L. 113–291 inserted “or, in the case of a teaching position that involves instruction in the host-nation language, a local national when a citizen of the United States is not reasonably available to provide such instruction” before comma at end.
1997—Par. (1)(A). Pub. L. 105–85 made technical corrections to Pub. L. 104–201, § 1606(a)(1). See 1996 Amendment note below.
1996—Par. (1)(A). Pub. L. 104–201, § 1606(a)(1), as amended by Pub. L. 105–85, inserted “or are performed by an individual who carried out certain teaching activities identified in regulations prescribed by the Secretary of Defense;” after “Defense,”.
Par. (2)(C). Pub. L. 104–201, § 1606(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “whose services are required on a school-year basis in a teaching position.”

Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

Short TitlePub. L. 86–91, § 1, July 17, 1959, 73 Stat. 213, provided that: “This Act [enacting this chapter and provisions now contained in section 5102(c)(22) of Title 5, Government Organization and Employees] may be cited as the ‘Defense Department Overseas Teachers Pay and Personnel Practices Act’.”

Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§ 902. Regulations of Secretary of Defense(a) Employment, compensation, etc., of teachersNot later than the ninetieth day following July 17, 1959, the Secretary of Defense shall prescribe and issue regulations to carry out the purposes of this chapter. Such regulations shall govern—(1) the establishment of teaching positions;

(2) the fixing of basic compensation for teachers and teaching positions at rates equal to the average of the range of rates of basic compensation for similar positions of a comparable level of duties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population;

(3) the entitlement of teachers to compensation;

(4) the payment of compensation to teachers;

(5) the appointment of teachers;

(6) the conditions of employment of teachers;

(7) the length of the school year or school years applicable to teaching positions;

(8) the leave system for teachers;

(9) quarters, allowances, and additional compensation for teachers; and

(10) such other matters as may be relevant and appropriate to the purposes of this chapter.

(b) Effective date of regulationsThe regulations prescribed and issued by the Secretary of Defense under subsection (a) of this section shall become effective on such date as the Secretary of Defense shall prescribe but not later than the ninetieth day following the date of issuance of such regulations.

(Pub. L. 86–91, § 4, July 17, 1959, 73 Stat. 214; Pub. L. 89–391, § 1(a), Apr. 14, 1966, 80 Stat. 117.)

Editorial Notes
Codification
Section was formerly classified to section 2352 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments1966—Subsec. (a)(2). Pub. L. 89–391 substituted provisions for issuance of regulations to fix basic compensation for teachers and teaching positions at rates equal to the average of the range of rates of basic compensation for similar positions of a comparable level of duties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population for former provisions fixing basic compensation for teaching positions in relation to rates of basic compensation for similar positions in the United States.

Statutory Notes and Related Subsidiaries
Effective Date of 1966 AmendmentPub. L. 89–391, § 2, Apr. 14, 1966, 80 Stat. 118, provided that: “The amendments made by the first section of this Act [amending this section and section 903 of this title] shall become effective on the first day of the first pay period which begins after the date of enactment of this Act [Apr. 14, 1966].”

§ 903. Administration(a) Employment and salary practicesThe Secretary of Defense shall conduct the employment and salary practices applicable to teachers and teaching positions in the Department of Defense in accordance with this chapter, other applicable law, and the regulations prescribed and issued by the Secretary of Defense under section 902 of this title.

(b) Determination of exempt positions and individuals; establishment of annual salary rateSubject to section 5103 of title 5, the Secretary of Defense—(1) shall determine the applicability of paragraph (22) of section 5102(c) of title 5 to positions and individuals in the Department of Defense; and

(2) shall establish the appropriate annual salary rate in accordance with this chapter for each such position and individual to which such paragraph (22) is determined to be applicable.

(c) Rates of basic compensationThe Secretary of Defense shall fix the basic compensation for teachers and teaching positions in the Department of Defense at rates equal to the average of the range of rates of basic compensation for similar positions of a comparable level of duties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population.

(d) Issuance of regulations by Secretary of DefenseThe Secretary of Defense may prescribe and issue such regulations as he deems appropriate to carry out his functions under this chapter.

(Pub. L. 86–91, § 5, July 17, 1959, 73 Stat. 214; Pub. L. 86–370, § 6(b), Sept. 23, 1959, 73 Stat. 652; Pub. L. 89–391, § 1(b), (c), Apr. 14, 1966, 80 Stat. 117; Pub. L. 96–470, title I, § 104(b), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 104–201, div. A, title XVI, § 1606(b), Sept. 23, 1996, 110 Stat. 2737; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(B), (C), Nov. 18, 1997, 111 Stat. 1904.)

Editorial Notes
Codification
In subsec. (b), “section 5103 of title 5” and “paragraph (22) of section 5102(c) of title 5” substituted for “section 202 of the Classification Act of 1949” and “paragraph (33) of section 202 of such Act, added by section 3 of this Act” respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Provisions of section 1(b) and (c) of Pub. L. 89–391 for amendment of subsec. (c) of this section and addition of other provisions as another subsec. (c), have been executed in the Code as an amendment of subsec. (c) of this section and addition of subsec. (e) of this section, respectively.
Section was formerly classified to section 2353 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments1997—Subsec. (a). Pub. L. 105–85, § 1073(c)(9)(B), made technical correction to Pub. L. 104–201, § 1606(b)(1)(A). See 1996 Amendment note below.
Subsec. (b)(1). Pub. L. 105–85, § 1073(c)(9)(C), made technical correction to Pub. L. 104–201, § 1606(b)(2)(B). See 1996 Amendment note below.
1996—Subsec. (a). Pub. L. 104–201, § 1606(b)(1)(B), substituted “the Department of Defense” for “his military department”.
Pub. L. 104–201, § 1606(b)(1)(A), as amended by Pub. L. 105–85, § 1073(c)(9)(B), substituted “Secretary of Defense shall” for “secretary of each military department in the Department of Defense shall”.
Subsec. (b). Pub. L. 104–201, § 1606(b)(2)(A), substituted “Secretary of Defense—” for “secretary of each military department—” in introductory provisions.
Subsec. (b)(1). Pub. L. 104–201, § 1606(b)(2)(B), as amended by Pub. L. 105–85, § 1073(c)(9)(C), substituted “the Department of Defense;” for “his military department,”.
Subsec. (c). Pub. L. 104–201, § 1606(b)(3), substituted “Secretary of Defense” for “Secretary of each military department” and “the Department of Defense” for “his military department”.
Subsec. (d). Pub. L. 104–201, § 1606(b)(4), substituted “Secretary of Defense” for “Secretary of each military department”.
1980—Subsec. (e). Pub. L. 96–470 struck out subsec. (e) which required the Secretary of Defense, on or before the 15th day of January in each calendar year beginning after Apr. 14, 1966, to report to the respective Committees on Post Office and Civil Service of the Senate and House of Representatives information on teachers separated from teaching positions subsequent to the close of the immediately preceding full school year and the number of new teachers appointed to teaching positions at the beginning of the school year current at time of the report, including the number of such new teachers obtained through voluntary reciprocal interchange agreements with school jurisdictions in the United States.
1966—Subsec. (c). Pub. L. 89–391, § 1(b), substituted provisions for fixing the basic compensation for teachers and teaching positions at rates equal to the average of the range of rates of basic compensation for similar positions of a comparable level of duties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population for former provisions fixing such rates in relation to the rates of basic compensation for similar positions in the United States but not exceeding the highest rate of basic compensation for similar positions of a comparable level of duties and responsibilities under the municipal government of the District of Columbia.
Subsec. (e). Pub. L. 89–391, § 1(c), inserted provisions designated as subsec. (c) to section 5 of Pub. L. 86–91, but codified as subsec. (e) of this section.
1959—Subsec. (b). Pub. L. 86–370 substituted “(33)” for “(32)” in two places.

Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

Effective Date of 1966 AmendmentAmendments of this section by Pub. L. 89–391 effective on first day of first pay period beginning after Apr. 14, 1966, see section 2 of Pub. L. 89–391, set out as a note under section 902 of this title.

Effective Date of 1959 AmendmentAmendment by Pub. L. 86–370 effective on first day of first pay period which begins after Sept. 23, 1959, see section 7(b) of Pub. L. 86–370, set out as a note under section 3 of Title 35, Patents.

Teachers Employed by Canal Zone Government School System on September 30, 1979Subsec. (c) of this section not to apply with respect to any teacher who was employed by the Canal Zone Government school system on September 30, 1979, and who was transferred from such position to a teaching position which is under the Department of Defense Overseas Dependent School System and the permanent duty station of which is in the Republic of Panama, until the rates of basic compensation established under subsec. (c) of this section equal or exceed the rates of basic compensation then in effect for teachers who were so transferred, see section 3671(c)(1) of Title 22, Foreign Relations and Intercourse.

§ 904. Leave(a) Entitlement; amountSubject to the regulations prescribed and issued by the Secretary of Defense under section 902 of this title, each teacher (other than an individual employed as a substitute teacher) shall be entitled to cumulative leave, with pay, which shall accrue at the rate of one day for each calendar month, or part thereof, of a school year, except that if the school year includes more than eight months, any such teacher who shall have served for the entire school year shall be entitled to ten (or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen) days of cumulative leave with pay.

(b) Saturdays, Sundays, holidays, and nonwork daysSaturdays, Sundays, regularly scheduled holidays, and other administratively authorized nonwork days shall not be considered to be days of leave for the purposes of subsection (a) of this section.

(c) Purposes for taking leaveSubject to the regulations prescribed and issued by the Secretary of Defense, leave earned by any teacher under subsection (a) of this section may be used by such teacher—(1) for maternity purposes,

(2) in the event of the illness of such teacher,

(3) in the event of illness, contagious disease, or death in the immediate family of such teacher, and

(4) in the event of any personal emergency.

If appropriate advance notice is given of the intended absence of a teacher, not to exceed three days of such leave may be granted for any purpose in each school year to such teacher.

(d) Credit for persons holding teaching positions and for employees transferred, promoted or reappointedAny individual—(1) who is holding a position which is determined to be a teaching position, or

(2) who is an employee of the Federal Government or the municipal government of the District of Columbia who is transferred, promoted, or reappointed, without break in service, from a position under a different leave system to a teaching position,

shall be credited, for the purposes of the leave system provided by this section, with the annual and sick leave to his credit immediately prior to the effective date of such determination, transfer, promotion, or reappointment. Sick leave so credited shall be included in the leave provided for in subsection (a) of this section. Annual leave so credited shall not be included in the leave provided for in such subsection but shall be used under regulations which shall be prescribed by the Secretary of Defense.

(e) Excess of maximum amount of accumulated leave; reductionIn any case in which the amount of sick leave, which is to the credit of any individual under a different leave system immediately prior to the date on which he becomes subject as a teacher to the leave system provided by this section and which is included in the leave provided for in subsection (a) of this section, is in excess of the maximum amount of accumulated leave allowable under subparagraph (2) of such subsection, such excess shall remain to the credit of such teacher until used, but the use during any leave year of an amount in excess of the aggregate amount which shall have accrued during such year shall reduce automatically the maximum allowable amount of accumulated leave at the beginning of the next leave year until such amount no longer exceeds the maximum amount allowable under subparagraph (2) of subsection (a) of this section.

(f) Liquidation of unused leave upon separationAny annual leave remaining, upon his separation from the service, to the credit of an individual within the purview of this section shall be liquidated in accordance with section 5551 of title 5, except that leave earned or included under subsection (a) of this section shall not be liquidated.

(g) Transfer of leave credit for teachers transferred, promoted or reappointed to positions under different leave systemIn the case of any teacher who is transferred, promoted, or reappointed, without break in service, to a position under a different leave system, the annual leave, and any other leave earned or credited under this section, which is to his credit immediately prior to such transfer, promotion, or reappointment, shall be transferred to his credit in the employing agency on an adjusted basis in accordance with regulations which shall be prescribed by the Director of the Office of Personnel Management.

(h) Voluntary leave transfer and bank programsThe Director of Dependents’ Education, in consultation with the Director of the Office of Personnel Management—(1) shall establish for teachers a voluntary leave transfer program similar to the one under subchapter III of chapter 63 of title 5; and

(2) may establish for teachers a voluntary leave bank program similar to the one under subchapter IV of chapter 63 of title 5.

Only leave described in the last sentence of subsection (c) of this section (relating to leave that may be used by a teacher for any purpose) may be transferred under any program established under this subsection.

(Pub. L. 86–91, § 6, July 17, 1959, 73 Stat. 214; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98–369, div. B, title II, § 2204, July 18, 1984, 98 Stat. 1059; Pub. L. 103–425, § 1, Oct. 31, 1994, 108 Stat. 4369.)

Editorial Notes
Codification
In subsec. (f), “section 5551 of title 5” substituted for “the Act of December 21, 1944 (5 U.S.C. 61b and the following)” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Section was formerly classified to section 2354 of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments1994—Subsec. (a). Pub. L. 103–425, § 1(1), inserted “(or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen)” after “ten”.
Subsec. (d). Pub. L. 103–425, § 1(2), substituted “Secretary of Defense” for “Secretary of the military department concerned” in concluding provisions.
Subsec. (h). Pub. L. 103–425, § 1(3), added subsec. (h).
1984—Subsec. (a). Pub. L. 98–369 struck out provisions which had directed that not more than seventy-five days of leave could be accumulated to the credit of a teacher at any one time under this subsection.

Executive Documents

Transfer of Functions
“Director of the Office of Personnel Management” substituted for “United States Civil Service Commission” in subsec. (g), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§ 905. Quarters, quarters allowances, and storage(a) EntitlementUnder regulations which shall be prescribed by or under authority of the President, each teacher (other than a teacher employed in a substitute capacity) shall be entitled, in addition to basic compensation, to quarters, quarters allowance, and storage as provided by this section.

(b) Furnishing of living quarters or grant of allowanceEach teacher (other than a teacher employed in a substitute capacity) shall be entitled, for each school year for which he performs services as a teacher, to quarters or a quarters allowance equal to those authorized by section 5912 of title 5.

(c) Recess periodsEach teacher (other than a teacher employed in a substitute capacity) who is performing services as a teacher at the close of a school year and agrees in writing to serve as a teacher for the next school year may be authorized, for the recess period immediately preceding such next school year—(1) quarters or a quarters allowance equal to those authorized by section 5912 of title 5, or

(2) in lieu of such quarters or quarters allowance, storage (including packing, drayage, unpacking, and transportation to and from storage) of his household effects and personal possessions.

(d) Failure to report for service; liability to United StatesIf a teacher does not report for service at the beginning of the next school year, he shall, except for reasons beyond his control and acceptable to the Department of Defense, be obligated to the United States in an amount equal to any quarters allowance which he may have received under subsection (c) of this section or in an amount equal to the reasonable value of any quarters or storage which he may have received under such subsection, or both, as the case may be.

(e) Employment in other positions during recess periodsQuarters, quarters allowance, and storage provided under this section shall be in lieu of any quarters, quarters allowance, and storage to which he otherwise might be entitled by reason of employment in another position during any recess period between two school years.

(f) Lease of military family housing by teacher assigned to teach at Guantanamo Bay Naval Station, Cuba(1) A teacher assigned to teach at Guantanamo Bay Naval Station, Cuba, who is not accompanied at such station by any dependent shall be offered for lease any available military family housing at such station that is suitable for occupancy by the teacher and is not needed to house members of the armed forces and dependents accompanying them or other civilian personnel and any dependents accompanying them.

(2) For any period for which military family housing is leased under paragraph (1) to a teacher described in such paragraph, the teacher shall receive a quarters allowance in the amount determined under subsection (b). The teacher is entitled to such quarters allowance without regard to whether other Government furnished quarters are available for occupancy by the teacher without charge to the teacher.

(Pub. L. 86–91, § 7, July 17, 1959, 73 Stat. 216; Pub. L. 87–172, § 1, Aug. 30, 1961, 75 Stat. 409; Pub. L. 107–314, div. A, title III, § 342, Dec. 2, 2002, 116 Stat. 2515.)

Editorial Notes
Codification
In subsecs. (b) and (c)(1), “section 5912 of title 5” substituted for “the Act of June 26, 1930 (5 U.S.C. 118a)” on authority of Pub. L. 89–554, § 7(b), June 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Section was formerly classified to section 2355 of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments2002—Subsec. (f). Pub. L. 107–314 added subsec. (f).
1961—Subsec. (d). Pub. L. 87–172 inserted “except for reasons beyond his control and acceptable to the Department of Defense”.

Executive Documents

Delegation of Functions
Functions vested in President by subsec. (a) of this section concerning authority to prescribe regulations relating to quarters and quarters allowances delegated to Secretary of State pursuant to Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note under section 707 of Title 38, Veterans’ Benefits.
Authority of President under subsec. (a) of this section to prescribe regulations relating to storage (including packing, drayage, unpacking, and transportation to and from storage) of household effects and personal possessions delegated to Administrator of General Services, see section 1(19) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.
Secretary of State empowered to prescribe regulations relating to cost-of-living allowances, see section 4(a) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under section 5921 of Title 5, Government Organization and Employees.

§ 906. Entitlements in addition to basic compensation(a) Cost-of-living increase and additional compensationUnder regulations which shall be prescribed by or under authority of the President, each teacher (other than a teacher employed in a substitute capacity) shall be entitled, in addition to basic compensation, to—(1) cost-of-living allowances equal to those authorized by section 5924 of title 5, and

(2) additional compensation equal to that authorized under section 5941 of title 5.

(b) Post differentialThe cost-of-living allowances and additional compensation provided under subsection (a) of this section for any teacher shall be based on the teaching position in which he rendered services on a school-year basis, except that, if such teacher is employed in another position during any recess period between two school years, such allowances and compensation for such recess period shall be based on the position in which he is employed during such recess period.

(Pub. L. 86–91, § 8, July 17, 1959, 73 Stat. 216; Pub. L. 96–465, title II, § 2206(d), Oct. 17, 1980, 94 Stat. 2162.)

Editorial Notes
Codification
In subsec. (a)(2), “section 5941 of title 5” substituted for “section 207 of the Independent Offices Appropriation Act, 1949 (5 U.S.C. 118h)” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Section was formerly classified to section 2356 of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments1980—Subsec. (a)(1). Pub. L. 96–465 substituted reference to section 5924 of title 5 for reference to section 1131(2) of title 22.

Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.

Executive Documents

Delegation of Functions
Functions vested in President by subsec. (a) of this section concerning authority to prescribe regulations relating to cost of living allowances delegated to Secretary of State pursuant to Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note under section 707 of Title 38, Veterans’ Benefits.
Functions of President under subsec. (a) of this section delegated to Director of Bureau of the Budget, now Director of Office of Management and Budget, see section 1(10) of Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, set out as a note under section 301 of Title 3, The President.
Secretary of State empowered to prescribe regulations relating to quarters and quarters allowance, see section 4(a) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under section 5921 of Title 5, Government Organization and Employees.

Regulations Applicable to Payment of Additional CompensationFor provisions relating to payment of additional compensation authorized by subsec. (a)(2) of this section in accordance with the regulations contained in Ex. Ord. No. 10000, see section 1–101 of Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note under section 707 of Title 38, Veterans’ Benefits.

§ 907. Applicability of other laws
In the case of any teacher who—(1) is performing services as a teacher at the close of a school year,

(2) agrees in writing to serve as a teacher for the next school year, and

(3) is employed in another position in the recess period immediately preceding such next school year, or, during such recess period, receives quarters, allowances, or additional compensation referred to in sections 905 and 906 of this title, or both, as the case may be,

section 5533 of title 5 shall not apply to such teacher by reason of any such employment during a recess period or any such receipt of quarters, allowances, or additional compensation, or both, as the case may be.
(Pub. L. 86–91, § 10(b), July 17, 1959, 73 Stat. 217; Pub. L. 88–448, title IV, § 401(n), Aug. 19, 1964, 78 Stat. 492.)

Editorial Notes
Codification
“Section 5533 of title 5” substituted in text for “section 301 of the Dual Compensation Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Section was formerly classified to section 2358(b) of Title 5 period to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments1964—Subsec. (b). Pub. L. 88–448 made section 301 of the Dual Compensation Act inapplicable and struck out provisions which referred to former section 62 of title 5 and section 6 of the act of May 10, 1916.

CHAPTER 25A—OVERSEAS DEFENSE DEPENDENTS’ EDUCATION

Sec.

921.Defense dependents’ education system.

922.Administration of defense dependents’ education system.

923.Space-available enrollment of students; tuition.

923a.Enrollment of certain additional children on tuition-free basis.

924.Annual educational assessment.

925.Budget request for school construction funds for Director of Dependents’ Education.

926.School system for dependents in overseas areas.

927.Allotment formula.

928.School advisory committees.

929.Repealed.

930.Study of defense dependents’ education system.

931.Regulations; issuance and contents.

932.Definitions.

§ 921. Defense dependents’ education system(a) EstablishmentThe Secretary of Defense shall establish and operate a program (hereinafter in this chapter referred to as the “defense dependents’ education system”) to provide a free public education through secondary school for dependents in overseas areas.

(b) Program purposes and activities(1) The Secretary shall ensure that individuals eligible to receive a free public education under subsection (a) receive an education of high quality.

(2) In establishing the defense dependents’ education system under subsection (a), the Secretary shall provide programs designed to meet the special needs of—(A) the handicapped,

(B) individuals in need of compensatory education,

(C) individuals with an interest in vocational education,

(D) gifted and talented individuals, and

(E) individuals of limited English-speaking ability.

(3) The Secretary shall provide a developmental preschool program to individuals eligible to receive a free public education under subsection (a) who are of preschool age if a preschool program is not otherwise available for such individuals and if funds for such a program are available.

(c) Consultation requirementsThe Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents’ education system.

(d) Optional summer school programs(1) The Secretary of Defense may provide optional summer school programs in the defense dependents’ education system.

(2) The Secretary shall provide any summer school program under this subsection on the same financial basis as programs offered during the regular school year, except that the Secretary may charge reasonable fees for all or portions of such summer school programs to the extent that the Secretary determines appropriate.

(3) The amounts received by the Secretary in payment of the fees shall be available to the Department of Defense for defraying the costs of conducting summer school programs under this subsection.

(Pub. L. 95–561, title XIV, § 1402, Nov. 1, 1978, 92 Stat. 2365; Pub. L. 99–145, title XII, § 1204(b)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L. 102–484, div. A, title III, § 382, Oct. 23, 1992, 106 Stat. 2392; Pub. L. 106–65, div. A, title III, § 354(1), Oct. 5, 1999, 113 Stat. 572; Pub. L. 107–314, div. A, title III, § 343, Dec. 2, 2002, 116 Stat. 2515.)

Editorial Notes

References in TextThis chapter, referred to in subsec. (a), was in the original “this title”, meaning title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, as amended, known as the Defense Dependents’ Education Act of 1978, which enacted this chapter, section 489 of Title 37, Pay and Allowances of the Uniformed Services, and section 1769b of Title 42, The Public Health and Welfare, amended sections 1773 and 1789 of Title 42, and enacted provisions set out as notes under this section. For complete classification of this title to the Code, see Short Title note below and Tables.

Amendments2002—Subsec. (d)(2). Pub. L. 107–314 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall provide in regulations for fees to be charged for the students enrolling in a summer school program under this subsection in amounts determined on the basis of family income.”
1999—Subsec. (b)(1). Pub. L. 106–65 substituted “to receive” for “to recieve”.
1992—Subsec. (d). Pub. L. 102–484 added subsec. (d).
1985—Subsec. (c). Pub. L. 99–145 added subsec. (c).

Statutory Notes and Related Subsidiaries
Effective DatePub. L. 95–561, title XIV, § 1415, Nov. 1, 1978, 92 Stat. 2373, provided that:
“(a)(1) Except as provided in paragraph (2) this title [see Short Title note below] shall take effect on July 1, 1979.

“(2) Section 1407(b) [enacting section 926(b) of this title] and the amendments made by section 1407(c) [enacting section 429 of Title 37, Pay and Allowances of the Uniformed Services], 1408(a) [enacting section 1769b of Title 42, The Public Health and Welfare], and 1408(b) [amending sections 1773 and 1789 of Title 42] shall take effect on October 1, 1978.

“(b) Notwithstanding subsection (a) or any other provision of this title no provision of this title shall be construed to impair or prevent the taking effect of the provision of any other Act providing for the transfer of the functions described in this title to an executive department having responsibility for education.”

Short TitlePub. L. 95–561, title XIV, § 1401, Nov. 1, 1978, 92 Stat. 2365, provided that: “This title [enacting this chapter, section 429 of Title 37, Pay and Allowances of the Uniformed Services, and section 1769b of Title 42, The Public Health and Welfare, amending sections 1773 and 1789 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Defense Dependents’ Education Act of 1978’.”

Department of Defense Education Activity Policies and Procedures on Sexual Harassment of Students of Activity SchoolsPub. L. 115–232, div. A, title V, § 562, Aug. 13, 2018, 132 Stat. 1776, provided that:
“(a) Applicability of Title IX Protections.—The provisions of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this section referred to as ‘title IX’) with respect to education programs or activities receiving Federal financial assistance shall apply equally to education programs and activities administered by the Department of Defense Education Activity (DODEA).

“(b) Policies and Procedures.—Not later than March 31, 2019, the Department of Defense Education Activity shall establish policies and procedures to protect students at schools of the Activity who are victims of sexual harassment. Such policies and procedures shall afford protections at least comparable to the protections afforded under title IX.

“(c) Elements.—The policies and procedures required by subsection (b) shall include, at a minimum, the following:“(1) A policy addressing sexual harassment of students at the schools of the Department of Defense Education Activity that uses and incorporates terms, procedures, protections, investigation standards, and standards of evidence consistent with title IX.

“(2) A procedure by which—“(A) a student of a school of the Activity, or a parent of such a student, may file a complaint with the school alleging an incident of sexual harassment at the school; and

“(B) such a student or parent may appeal the decision of the school regarding such complaint.

“(3) A procedure and mechanisms for the appointment and training of, and allocation of responsibility to, a coordinator at each school of the Activity for sexual harassment matters involving students from the military community served by such school.

“(4) Training of employees of the Activity, and volunteers at schools of the Activity, on the policies and procedures.

“(5) Mechanisms for the broad distribution and display of the policy described in paragraph (1), including on the Internet website of the Activity and on Internet websites of schools of the Activity, in printed and online versions of student handbooks, and in brochures and flyers displayed on school bulletin boards and in guidance counselor offices.

“(6) Reporting and recordkeeping requirements designed to ensure that—“(A) complaints of sexual harassment at schools of the Activity are handled—“(i) with professionalism and consistency; and

“(ii) in a manner that permits coordinators referred to in paragraph (3) to track trends in incidents of sexual harassment and to identify repeat offenders of sexual harassment; and

“(B) appropriate members of the local leadership of military communities are held accountable for acting upon complaints of sexual harassment at schools of the Activity.”

Department of Defense Education Activity Misconduct DatabasePub. L. 115–232, div. A, title V, § 563, Aug. 13, 2018, 132 Stat. 1777, provided that:
“(a) Comprehensive Database.—The Secretary of Defense shall consolidate the various databases and mechanisms for the reporting and tracking of juvenile misconduct in Department of Defense Education Activity (hereinafter in this section referred to as ‘DODEA’) schools into one comprehensive database for DODEA juvenile misconduct. The comprehensive database shall include all unresolved and all substantiated allegations of juvenile-on-juvenile sexual misconduct.

“(b) Policy.—The Secretary shall establish a comprehensive policy regarding the reporting and tracking of juvenile misconduct cases occurring in DODEA schools, including policies establishing appropriate safeguards to prevent unauthorized disclosure of sensitive information contained in the comprehensive database required by subsection (a).”

Report on Condition of Schools Under Jurisdiction of Department of Defense Education ActivityPub. L. 110–181, div. B, title XXVIII, § 2879, Jan. 28, 2008, 122 Stat. 564, provided that:
“(a) Report Required.—Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the conditions of schools under the jurisdiction of the Department of Defense Education Activity.

“(b) Content.—The report required under subsection (a) shall include the following:“(1) A description of each school under the control of the Secretary, including the location, year constructed, grades of attending children, maximum capacity, and current capacity of the school.

“(2) A description of the standards and processes used by the Secretary to assess the adequacy of the size of school facilities, the ability of facilities to support school programs, and the current condition of facilities.

“(3) A description of the conditions of the facility or facilities at each school, including the level of compliance with the standards described in paragraph (2), any existing or projected facility deficiencies or inadequate conditions at each facility, and whether any of the facilities listed are temporary structures.

“(4) An investment strategy planned for each school to correct deficiencies identified in paragraph (3), including a description of each project to correct such deficiencies, cost estimates, and timelines to complete each project.

“(5) A description of requirements for new schools to be constructed over the next 10 years as a result of changes to the population of military personnel.

“(c) Use of Report as Master Plan for Repair, Upgrade, and Construction of Schools.—The Secretary shall use the report required under subsection (a) as a master plan for the repair, upgrade, and construction of schools in the Department of Defense system that support dependents of members of the Armed Forces and civilian employees of the Department of Defense.”

Pilot Program on Private Operation of Defense Dependents’ SchoolsPub. L. 104–106, div. A, title III, § 355, Feb. 10, 1996, 110 Stat. 269, provided that the Secretary of Defense could conduct a pilot program to evaluate the feasibility of using private contractors to operate overseas schools of the defense dependents’ education system established under this section, subject to certain conditions and providing that no later than 30 days after the end of the first school year in which the pilot program is conducted, the Secretary would submit to Congress a report on the results of the program and a recommendation of the extent to which other schools of the defense dependents’ education system should be operated by private contractors.

§ 922. Administration of defense dependents’ education system(a) Operation; DirectorThe defense dependents’ education system is operated through the field activity of the Department of Defense known as the Department of Defense Education Activity. That activity is headed by a Director, who is a civilian and is selected by the Secretary of Defense. The Director reports to an Assistant Secretary of Defense designated by the Secretary of Defense for purposes of this chapter.

(b) Implementation of program functions of Secretary of Defense through DirectorExcept with respect to the authority to prescribe regulations, the Secretary of Defense may carry out his functions under this chapter through the Director.

(c) Functions of DirectorThe Director shall—(1) establish personnel policies, consistent with the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 et seq.), for employees in the defense dependents’ education system,

(2) have authority to transfer professional employees in the defense dependents’ education system from one position to another,

(3) prepare a unified budget for each fiscal year, which shall include necessary funds for construction and operation and maintenance of facilities, for the defense dependents’ education system for inclusion in the Department of Defense budget for that year,

(4) have authority to establish, in accordance with section 928 of this title, local school advisory committees,

(5) have authority to arrange for inservice and other training programs for employees in the defense dependents’ education system, and

(6) perform such other functions as may be required or delegated by the Secretary of Defense or the Assistant Secretary of Defense designated under subsection (a).

(d) Establishment of regional or area offices; reports to Congress on reorganizations; authorized number of civilian employees(1) The Director shall establish appropriate regional or area offices in order to provide for thorough and efficient administration of the defense dependents’ education system.

(2) Whenever the Department of Defense Education Activity is reorganized in a manner that affects the defense dependents’ education system, the Secretary of Defense shall submit a report to the Congress describing the reorganization.

(3) Subject to the approval of the Secretary of Defense, the Department of Defense Education Activity is authorized an appropriate number of civilian employees in its central office and such regional or area office as are established pursuant to paragraph (1).

(Pub. L. 95–561, title XIV, § 1403, Nov. 1, 1978, 92 Stat. 2365; Pub. L. 106–65, div. A, title III, § 354(2), Oct. 5, 1999, 113 Stat. 572; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(8)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294.)

Editorial Notes

References in TextThe Defense Department Overseas Teachers Pay and Personnel Practices Act, referred to in subsec. (c)(1), is Pub. L. 86–91, July 17, 1959, 73 Stat. 213, as amended, which is classified generally to chapter 25 (§ 901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 901 of this title and Tables.

Amendments2000—Subsec. (c)(6). Pub. L. 106–398 struck out “the” before “the Assistant Secretary of Defense”.
1999—Pub. L. 106–65, § 354(2)(A), amended section catchline.
Subsec. (a). Pub. L. 106–65, § 354(2)(A), added subsec. (a) and struck out former subsec. (a) which read as follows:
“(1) There is established within the Department of Defense an office to be known as the Office of Dependents’ Education.
“(2) The Office of Dependents’ Education shall be headed by a Director of Dependents’ Education (hereinafter in this chapter referred to as the ‘Director’), who shall be a civilian and who shall be selected by the Secretary of Defense and shall report to the Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics.”
Subsec. (b). Pub. L. 106–65, § 354(2)(B), made technical amendment to reference in original act which appears in text as reference to this chapter.
Subsec. (c)(1). Pub. L. 106–65, § 354(2)(C), inserted “(20 U.S.C. 901 et seq.)” after “Personnel Practices Act”.
Subsec. (c)(2). Pub. L. 106–65, § 354(2)(D), substituted a comma for the period at end.
Subsec. (c)(6). Pub. L. 106–65, § 354(2)(E), substituted “the Assistant Secretary of Defense designated under subsection (a)” for “Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics”.
Subsec. (d)(1). Pub. L. 106–65, § 354(2)(F), struck out “for the Office of Dependents’ Education” after “area offices”.
Subsec. (d)(2). Pub. L. 106–65, § 354(2)(G), struck out first sentence which read: “Not later than six months after November 1, 1978, the Secretary of Defense shall submit to the Congress a report (A) describing the organization of the Office of Dependents’ Education in accordance with paragraph (1), (B) describing the assignment of personnel to the central office of the Office of Dependents’ Education and to such regional or area offices as are established pursuant to paragraph (1), and (C) detailing the personnel requirements of the defense dependents’ education system.” and substituted “Whenever the Department of Defense Education Activity” for “Whenever the Office of Dependents’ Education”, “in a manner that affects the defense dependents’ education system” for “after the submission of the report required under the preceding sentence”, and “a report” for “an additional report”.
Subsec. (d)(3). Pub. L. 106–65, § 354(2)(H), substituted “the Department of Defense Education Activity” for “the Office of Dependents’ Education”.

§ 923. Space-available enrollment of students; tuition(a) Enrollment of ineligible child in system schoolSubject to subsection (b) and in accordance with regulations issued under subsection (c), the Director may authorize the enrollment in a school of the defense dependents’ education system of a child not otherwise eligible to enroll in such a school if and to the extent that there is space available for such child in the school.

(b) Determination of amount of tuition; use of payments(1) Except as otherwise provided under subsection (c), any child permitted to enroll in a school of the defense dependents’ education system under this section shall be required to pay tuition at a rate determined by the Secretary of Defense, which shall not be less than the rate necessary to defray the average cost of the enrollment of children in the system under this section.

(2) Amounts received under paragraph (1) shall be available to the defense dependents’ education system to assist in defraying the cost of enrollment of children in the system under this section.

(c) Regulations respecting enrollment requirements(1) The Secretary of Defense may by regulation identify classes of children who shall be eligible to enroll in schools of the defense dependents’ education system under this section if and to the extent that there is space available, establish priorities among such classes, waive the tuition requirement of subsection (b)(1) with respect to any such class, and issue such other regulations as may be necessary to carry out this section.

(2)(A) The Secretary shall include in the regulations prescribed under this subsection a requirement that children in the class of children described in subparagraph (B) shall be subject to the same tuition requirements, or waiver of tuition requirements, as children in the class of children described in subparagraph (C).

(B) The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who—(i) are on active duty under an order to active duty under section 12301 or 12302 of title 10;

(ii) were ordered to active duty from a location in the United States (other than in Alaska or Hawaii); and

(iii) are serving on active duty outside the United States or in Alaska or Hawaii.

(C) The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who—(i) are on active duty under an order to active duty under section 12301 or 12302 of title 10;

(ii) were ordered to active duty from a location outside the United States (or in Alaska or Hawaii); and

(iii) are serving on active duty outside the United States or in Alaska or Hawaii.

(d) Enrollment of certain children in overseas schools(1) The Secretary of Defense may authorize the enrollment in schools of the defense dependents’ education system of children in the following classes:(A) Children of officers and employees of the United States (other than civilian officers and employees who are sponsors under section 932(2) of this title) stationed in overseas areas.

(B) Children of employees of contractors employed in carrying out work for the United States in overseas areas.

(C) Children of other citizens or nationals of the United States or of foreign nationals, if the Secretary determines that enrollment of such children is in the national interest.

(2) Notwithstanding subsection (c), the Secretary may not waive the tuition requirements of subsection (b)(1) with respect to children referred to in paragraph (1).

(Pub. L. 95–561, title XIV, § 1404, Nov. 1, 1978, 92 Stat. 2366; Pub. L. 99–145, title XII, § 1205, Nov. 8, 1985, 99 Stat. 721; Pub. L. 101–189, div. A, title III, § 325(b), Nov. 29, 1989, 103 Stat. 1415; Pub. L. 108–136, div. A, title V, § 563, Nov. 24, 2003, 117 Stat. 1483.)

Editorial Notes
Amendments2003—Pub. L. 108–136, § 563(b), substituted “Space-available enrollment of students; tuition” for “Tuition-paying students” in section catchline.
Subsec. (c). Pub. L. 108–136, § 563(a), designated existing provisions as par. (1) and added par. (2).
1989—Subsec. (d)(1)(A). Pub. L. 101–189 substituted “(other than civilian officers and employees who are sponsors under section 932(2) of this title)” for “(including employees of nonappropriated fund activities of the Department of Defense)”.
1985—Subsec. (d). Pub. L. 99–145 added subsec. (d).

Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentPub. L. 101–189, div. A, title III, § 325(c), Nov. 29, 1989, 103 Stat. 1415, provided that: “The amendments made by this section [amending this section and section 932 of this title] shall apply with respect to periods of enrollment in schools of the defense dependents’ education system beginning after September 30, 1989.”

§ 923a. Enrollment of certain additional children on tuition-free basis(a) Enrollment authorizedUnder regulations to be prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in schools of the defense dependents’ education system on a tuition-free basis of—(1) the children of full-time, locally-hired employees of the Department of Defense in an overseas area if such employees are citizens or nationals of the United States; and

(2) the children of a foreign military member assigned to the Supreme Headquarters Allied Powers, Europe, but only in a school of the defense dependents’ education system in Mons, Belgium.

(b) FundingThe Secretary may use funds available for the defense dependents’ education system to provide for the education of children enrolled in the defense dependents’ education system under subsection (a).

(c) Special rules regarding enrollment of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe(1) In the regulations required by subsection (a), the Secretary shall prescribe a methodology based on the estimated total number of dependents of sponsors under section 932(2) of this title enrolled in schools of the defense dependents’ education system in Mons, Belgium, to determine the number of children described in paragraph (2) of subsection (a) who will be authorized to enroll under such subsection. The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.

(2) If the number of children described in paragraph (2) of subsection (a) who seek enrollment in schools of the defense dependents’ education system in Mons, Belgium, exceeds the number authorized by the Secretary under paragraph (1), the Secretary may enroll the additional children on a space-available, tuition-free basis notwithstanding section 923(d)(2) of this title.

(Pub. L. 95–561, title XIV, § 1404A, as added Pub. L. 109–163, div. A, title V, § 571, Jan. 6, 2006, 119 Stat. 3270; amended Pub. L. 109–364, div. A, title V, § 571(a), Oct. 17, 2006, 120 Stat. 2225; Pub. L. 110–181, div. A, title X, § 1063(e)(1), Jan. 28, 2008, 122 Stat. 323; Pub. L. 111–84, div. A, title V, § 535, Oct. 28, 2009, 123 Stat. 2292.)

Editorial Notes
Amendments2009—Subsec. (a)(2). Pub. L. 111–84, § 535(a), struck out “, and only through the 2010–2011 school year” before period at end.
Subsec. (c)(1). Pub. L. 111–84, § 535(b), inserted at end “The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.”
2008—Pub. L. 110–181, § 1063(e)(1), made technical correction to directory language of Pub. L. 109–163, § 571, which enacted this section.
2006—Subsec. (a). Pub. L. 109–364, § 571(a)(1), substituted “basis of—” for “basis of”, designated part of existing provisions as par. (1), substituted “; and” for period at end, and added par. (2).
Subsec. (c). Pub. L. 109–364, § 571(a)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. L. 110–181, div. A, title X, § 1063(e), Jan. 28, 2008, 122 Stat. 323, provided that the amendment made by section 1063(e) of Pub. L. 110–181 is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

§ 924. Annual educational assessment(a) ContentsThe Director shall assess each year the performance of the defense dependents’ education system in providing an education of high quality to children enrolled in the system. Such assessment may include the use of educational assessment measures and such other means as the Director determines to be suitable for assessing student performance.

(b) AvailabilityThe results of each annual assessment under subsection (a) with respect to an individual enrolled in the defense dependents’ education system shall be made available to the sponsor of such individual, and summary results of each such annual assessment shall be made available to Members of Congress and to professional employees in the system.

(Pub. L. 95–561, title XIV, § 1405, Nov. 1, 1978, 92 Stat. 2366.)

§ 925. Budget request for school construction funds for Director of Dependents’ Education
The President shall include in his budget for each fiscal year a separate request for funds for construction of school facilities by the Director.
(Pub. L. 95–561, title XIV, § 1406, Nov. 1, 1978, 92 Stat. 2367.)

§ 926. School system for dependents in overseas areas(a) Establishment and operationThe Secretary of Defense shall establish and operate a school system for dependents in overseas areas as part of the defense dependents’ education system.

(b) Tuition and assistance when schools unavailable(1) Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary may provide tuition to allow dependents in an overseas area where a school operated by the Secretary is not reasonably available to attend schools other than schools established under subsection (a) on a tuition-free basis. Schools to which tuition may be paid under this subsection may include private boarding schools in the United States. Any school to which tuition is paid under this subsection to allow a dependent in an overseas area to attend such school shall provide an educational program satisfactory to the Secretary.

(2)(A) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service of the Navy, may provide financial assistance to sponsors of dependents in overseas areas where schools operated by the Secretary of Defense under subsection (a) are not reasonably available in order to assist the sponsors to defray the costs incurred by the sponsors for the attendance of the dependents at schools in such areas other than schools operated by the Secretary of Defense.

(B) The Secretary of Defense and the Secretary of Homeland Security shall each prescribe regulations relating to the availability of financial assistance under subparagraph (A). Such regulations shall, to the maximum extent practicable, be consistent with Department of State regulations relating to the availability of financial assistance for the education of dependents of Department of State personnel overseas.

(c) Continuation of enrollment for certain dependents of members of Armed Forces involuntarily separated(1) A member of the Armed Forces serving on active duty on September 30, 1990, who is involuntarily separated during the period beginning on October 1, 1990, and ending on December 31, 2001, and who has a dependent described in paragraph (2) who is enrolled in a school of the defense dependents’ education system (or a school for which tuition is provided under subsection (b)) on the date of that separation shall be eligible to enroll or continue the enrollment of that dependent at that school (or another school serving the same community) for the final year of secondary education of that dependent in the same manner as if the member were still on active duty.

(2) A dependent referred to in paragraph (1) is a dependent who on the date of the separation of the member has completed the eleventh grade and is likely to complete secondary education within the one-year period beginning on that date.

(d) Auxiliary services available to home school students(1) A dependent who is educated in a home school setting, but who is eligible to enroll in a school of the defense dependents’ education system, shall be permitted to use or receive auxiliary services of that school without being required to either enroll in that school or register for a minimum number of courses offered by that school. The dependent may be required to satisfy other eligibility requirements and comply with standards of conduct applicable to students actually enrolled in that school who use or receive the same auxiliary services.

(2) For purposes of paragraph (1), the term “auxiliary services” includes use of academic resources, access to the library of the school, after hours use of school facilities, and participation in music, sports, and other extracurricular and interscholastic activities.

(Pub. L. 95–561, title XIV, § 1407, Nov. 1, 1978, 92 Stat. 2367; Pub. L. 101–510, div. A, title V, § 504(a), Nov. 5, 1990, 104 Stat. 1559; Pub. L. 103–160, div. A, title V, § 561(n), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 105–261, div. A, title V, § 561(k), title VI, § 657, Oct. 17, 1998, 112 Stat. 2026, 2054; Pub. L. 106–398, § 1 [[div. A], title V, § 571(k)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–107, div. A, title III, § 353, Dec. 28, 2001, 115 Stat. 1063; Pub. L. 107–296, title XVII, § 1704(e)(7), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 110–181, div. A, title V, § 574, Jan. 28, 2008, 122 Stat. 120.)

Editorial Notes
Codification
Section is comprised of section 1407 of Pub. L. 95–561. Subsec. (e), formerly subsec. (c), of section 1407 enacted section 489 of Title 37, Pay and Allowances of the Uniformed Services.

Amendments2008—Subsec. (b)(1). Pub. L. 110–181 inserted after first sentence “Schools to which tuition may be paid under this subsection may include private boarding schools in the United States.”
2002—Subsec. (b)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places.
2001—Subsec. (d). Pub. L. 107–107 added subsec. (d) and redesignated former subsec. (d) as (e). See Codification note above.
2000—Subsec. (c)(1). Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”.
1998—Subsec. (b). Pub. L. 105–261, § 657, inserted heading, designated existing provisions as par. (1), substituted “Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary” for “Under such circumstances as he may by regulation prescribe, the Secretary of Defense”, and added par. (2).
Subsec. (c)(1). Pub. L. 105–261, § 561(k), substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”.
1993—Subsec. (c)(1). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.
1990—Subsec. (c). Pub. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d). See Codification note above.

Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

§ 927. Allotment formula(a) Establishment by regulation of minimum allotment formula; criteriaThe Director shall by regulation establish a formula for determining the minimum allotment of funds necessary for the operation of each school in the defense dependents’ education system. In establishing such formula, the Director shall take into consideration—(1) the number of students served by a school and the size of the school;

(2) special cost factors for a school, including—(A) geographic isolation of the school,

(B) a need for special staffing, transportation, or educational programs at the school, and

(C) unusual food and housing costs,

(3) the cost of providing academic services of a high quality as required by section 921(b)(1) of this title; and

(4) such other factors as the Director considers appropriate.

(b) Issuance, etc., of regulationsAny regulation under subsection (a) shall be issued, and shall become effective, in accordance with the procedures applicable to regulations required to be issued by the Secretary of Education in accordance with section 1232 of this title.

(c) Applicability of certain provisions(1) Children with disabilitiesNotwithstanding the provisions of section 921(b)(3) of this title, the provisions of part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.], other than the funding and reporting provisions, shall apply to all schools operated by the Department of Defense under this chapter, including the requirement that children with disabilities, aged 3 to 5, inclusive, receive a free appropriate public education.

(2) Infants and toddlers with disabilitiesThe responsibility to provide comparable early intervention services to infants and toddlers with disabilities and their families in accordance with individualized family service plans described in section 636 of the Individuals with Disabilities Education Act [20 U.S.C. 1436] and to comply with the procedural safeguards set forth in part C of such Act [20 U.S.C. 1431 et seq.] shall apply with respect to all eligible dependents overseas.

(3) ImplementationIn carrying out paragraph (2), the Secretary shall have in effect a comprehensive, coordinated, multidisciplinary program of early intervention services for infants and toddlers with disabilities among Department of Defense entities involved in the provision of such services to such individuals.

(Pub. L. 95–561, title XIV, § 1409, Nov. 1, 1978, 92 Stat. 2369; Pub. L. 102–119, § 24, Oct. 7, 1991, 105 Stat. 605; Pub. L. 106–65, div. A, title III, § 354(3), Oct. 5, 1999, 113 Stat. 573; Pub. L. 108–446, title III, § 305(b), Dec. 3, 2004, 118 Stat. 2804.)

Editorial Notes

References in TextThe Individuals with Disabilities Education Act, referred to in subsec. (c)(1), (2), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended. Parts B and C of the Act are classified generally to subchapters II (§ 1411 et seq.) and III (§ 1431 et seq.), respectively, of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Amendments2004—Subsec. (c)(2). Pub. L. 108–446 substituted “section 636” for “section 677” and “part C” for “part H”.
1999—Subsec. (b). Pub. L. 106–65, § 354(3)(A), substituted “Secretary of Education” for “Department of Health, Education, and Welfare” and made technical amendment to reference in original act which appears in text as reference to section 1232 of this title.
Subsec. (c)(1). Pub. L. 106–65, § 354(3)(B), struck out “by academic year 1993–1994” after “public education”.
Subsec. (c)(3). Pub. L. 106–65, § 354(3)(C), substituted “Implementation” for “Implementation timelines” in heading, substituted “In carrying out paragraph (2), the Secretary shall have in effect a comprehensive” for “In carrying out the provisions of paragraph (2), the Secretary shall—”, struck out the subpar. (A) designation and “in academic year 1991–1992 and the 2 succeeding academic years, plan and develop a comprehensive” before “, coordinated”, substituted a period for the semicolon after “such individuals”, and struck out subpars. (B) and (C) which related to implementation in academic years 1994–1995, 1995–1996, and succeeding academic years.
1991—Subsec. (c). Pub. L. 102–119 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The provisions of the Education for All Handicapped Children Act of 1975 shall apply with respect to all schools operated by the Department of Defense under this chapter.”

Statutory Notes and Related Subsidiaries
Effective Date of 1991 AmendmentPub. L. 102–119, § 27, Oct. 7, 1991, 105 Stat. 608, provided that:
“(a) Sections 8, 9, and 10.—The amendments made by sections 8, 9, and 10 [amending sections 1423, 1431, 1434, and 1435 of this title] shall take effect on October 1, 1991, or on the date of enactment of this Act [Oct. 7, 1991], whichever is later.

“(b) Sections 5, 12, 13, 14, 15, 17, and 18.—The amendments made by sections 5, 12, 13, 14, 15, 17, and 18 [amending sections 1413, 1472, 1476, 1477, 1478, 1480, and 1482 of this title] shall take effect July 1, 1992, except that each State shall have the option to have any of the amendments apply earlier than such date.

“(c) Remaining Provisions.—The remaining sections of this Act [enacting section 1484a of this title, amending this section, sections 241, 1087ee, 1400 to 1402, 1404, 1405, 1407, 1411 to 1417, 1419, 1421 to 1425, 1431 to 1433, 1435, 1442, 1443, 1451, 1452, 1461, 1471 to 1473, and 1475 to 1485 of this title, sections 2503 and 2504 of Title 25, Indians, sections 721, [former] 774, 777a, 795m, and 796d of Title 29, Labor, and sections 1396b, 1396n, 6022, 6024, 9835, 9855d, 9862, and 9886 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1400 and 1484 of this title] and the amendments made by such sections shall take effect on the date of the enactment of this Act [Oct. 7, 1991].”

§ 928. School advisory committees(a) Establishment; functions; membership(1) The Director shall provide for the establishment of an advisory committee for each school in the defense dependents’ education system. An advisory committee for a school shall advise the principal or superintendent of the school with respect to the operation of the school, may make recommendations with respect to curriculum and budget matters, and, except as provided under paragraph (2), shall advise the local military commander with respect to problems concerning dependents’ education within the jurisdiction of the commander. The membership of each such advisory committee shall include an equal number of parents of students enrolled in the school and of employees working at the school and, when appropriate, may include a student enrolled in the school. The membership of each such advisory committee shall also include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the employees working at the school.

(2) In the case of any military installation or overseas area where there is more than one school in the defense dependents’ education system, the Director shall provide for the establishment of an advisory committee for such military installation or overseas area to advise the local military commander with respect to problems concerning dependents’ education within the jurisdiction of the commander.

(b) Election of members; regulations respecting qualifications and election proceduresExcept in the case of a nonvoting member designated under the last sentence of subsection (a)(1), members of a school advisory committee established under this section shall be elected by individuals of voting age residing in the area to be served by the advisory committee. The Secretary of Defense shall by regulation prescribe the qualifications for election to an advisory committee and procedures for conducting elections of advisory committee members.

(c) Members to serve without payMembers of school advisory committees established under this section shall serve without pay.

(Pub. L. 95–561, title XIV, § 1410, Nov. 1, 1978, 92 Stat. 2369; Pub. L. 96–88, title V, § 508(j)(1), (2), Oct. 17, 1979, 93 Stat. 693; Pub. L. 99–145, title XII, § 1204(b)(2), Nov. 8, 1985, 99 Stat. 720.)

Editorial Notes
Amendments1985—Subsec. (a)(1). Pub. L. 99–145, § 1204(b)(2)(A), included as member of the advisory committee the designee of the exclusive bargaining representative of the employees.
Subsec. (b). Pub. L. 99–145, § 1204(b)(2)(B), (C), substituted “Except in the case of a nonvoting member designated under the last sentence of subsection (a)(1), members” for “Members” and “The Secretary of Defense” for “The Secretary of Education, in consultation with the Secretary of Defense,”.
1979—Subsec. (a)(1). Pub. L. 96–88, § 508(j)(1), substituted “parents” for “representatives of sponsors”.
Subsec. (b). Pub. L. 96–88, § 508(j)(2), empowered the Secretary of Education, in consultation with the Secretary of Defense, to prescribe election qualifications and procedures in regard to advisory committees rather than vesting such power in the Secretary of Defense exclusively.

Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–88, effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.

Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 929. Repealed. Pub. L. 114–328, div. A, title V, § 576, Dec. 23, 2016, 130 Stat. 2143

Section, Pub. L. 95–561, title XIV, § 1411, Nov. 1, 1978, 92 Stat. 2370; Pub. L. 96–88, title V, § 508(j)(3)–(8), Oct. 17, 1979, 93 Stat. 693, 694; Pub. L. 99–145, title XII, § 1204(b)(3)–(5), Nov. 8, 1985, 99 Stat. 720, 721; Pub. L. 106–65, div. A, title III, § 354(4), Oct. 5, 1999, 113 Stat. 573; Pub. L. 113–291, div. A, title V, § 565, Dec. 19, 2014, 128 Stat. 3384, related to Advisory Council on Dependents’ Education.

§ 930. Study of defense dependents’ education system(a) Scope; conduct and report to Director by contractor(1) The Director may from time to time, but not more frequently than once a year, provide for a comprehensive study of the entire defense dependents’ education system. Any such study shall include a detailed analysis of the education programs and the facilities of the system.

(2) Any study under paragraph (1) shall be conducted by a contractor selected by the Director after an open competition. After conducting such study, the contractor shall submit a report to the Director describing the results of the study and giving its assessment of the defense dependents’ education system.

(b) Consultation requirements respecting study specifications and contractor selectionIn designing the specifications for any study to be conducted pursuant to subsection (a)(1), and in selecting a contractor to conduct such study under subsection (a)(2), the Director shall consult with the Advisory Council on Dependents’ Education established under section 929 11 See References in Text note below. of this title.

(c) Reporting requirements of DirectorThe Director shall submit to the Congress any report submitted to him under subsection (a)(2) describing the results of a study carried out pursuant to subsection (a)(1), together with the recommendations, if any, of the contractor for legislation or any increase in funding needed to improve the defense dependents’ education system. Notwithstanding any law, rule, or regulation to the contrary, such report shall not be submitted to any review before its transmittal to the Congress, but the Secretary of Defense shall, at the time of the transmittal of such report, submit to the Congress such recommendations as he may have with respect to legislation or any increase in funding needed to improve the defense dependents’ education system.

(Pub. L. 95–561, title XIV, § 1412, Nov. 1, 1978, 92 Stat. 2371; Pub. L. 96–46, § 2(a)(8), Aug. 6, 1979, 93 Stat. 340; Pub. L. 106–65, div. A, title III, § 354(5), Oct. 5, 1999, 113 Stat. 573.)

Editorial Notes

References in TextSection 929 of this title, referred to in subsec. (b), was repealed by Pub. L. 114–328, div. A, title V, § 576, Dec. 23, 2016, 130 Stat. 2143.

Amendments1999—Subsec. (a)(1). Pub. L. 106–65, § 354(5)(A), substituted “The Director may from time to time, but not more frequently than once a year, provide for” for “As soon as practicable after November 1, 1978, the Director shall provide for” and “system. Any such study” for “system, which”.
Subsec. (a)(2). Pub. L. 106–65, § 354(5)(B), substituted “Any study under paragraph (1)” for “The study required by this subsection” and struck out “not later than two years after July 1, 1979,” after “shall submit a report to the Director”.
Subsec. (b). Pub. L. 106–65, § 354(5)(C), substituted “any study” for “the study”.
Subsec. (c). Pub. L. 106–65, § 354(5)(D), substituted “any report” for “not later than one year after July 1, 1979, the report” and “a study” for “the study”.
Subsec. (d). Pub. L. 106–65, § 354(5)(E), struck out subsec. (d) which read as follows: “The Director may provide for additional studies of the defense dependents’ education system to be conducted in accordance with the provisions of this section, but such studies shall not be conducted more frequently than once a year. A report of each study shall be submitted to the Congress in accordance with subsection (c) of this section, and the second sentence of such subsection shall apply with respect to the transmission of each such report.”
1979—Subsec. (a)(2). Pub. L. 96–46 substituted “two years after July 1, 1979” for “one year after July 1, 1979”.

Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentPub. L. 96–46, § 8, Aug. 6, 1979, 93 Stat. 343, provided that: “The amendments made by this Act [enacting section 3164 of this title, amending this section, sections 240, 241–1, 1211a, 1221–3, 1221h, 1226c, 1232g, 2308, 2310, 2603, 2721, 2733 to 2735, 2740, 2762, 2763, 2772, 2782, 2902, 3084, 3163, 3200, 3289, 3381 to 3386 of this title, and sections 2001, 2002, 2006, 2008, 2012 of Title 25, Indians, enacting a provision set out as a note under section 1221e of this title, and amending provisions set out as notes under sections 236, 1211b, 1221–1, 1231a, and 2701 of this title and section 13 of Title 25] shall take effect October 1, 1978.”

§ 931. Regulations; issuance and contents
The Secretary of Defense shall issue regulations to carry out this chapter. Such regulations shall—(1) prescribe the educational goals and objectives of the defense dependents’ education system,

(2) establish standards for the development of curricula for the system and for the selection of instructional materials,

(3) prescribe professional standards for professional personnel employed in the system,

(4) provide for arrangements between the Director and commanders of military installations for necessary logistic support for schools of the system located on military installations,

(5) provide for a recertification program for professional personnel employed in the system, and

(6) provide for such other matters as may be necessary to ensure the efficient organization and operation of the defense dependents’ education system.

(Pub. L. 95–561, title XIV, § 1413, Nov. 1, 1978, 92 Stat. 2372; Pub. L. 106–65, div. A, title III, § 354(6), Oct. 5, 1999, 113 Stat. 574.)

Editorial Notes
Amendments1999—Subsec. (d). Pub. L. 106–65 substituted “The Secretary” for “Not later than 180 days after July 1, 1979, the Secretary” in introductory provisions.

§ 932. Definitions
For purposes of this chapter:(1) The term “dependent” means a minor individual—(A) who has not completed secondary schooling, and

(B) who is the child, stepchild, adopted child, ward, or spouse of a sponsor, or who is a resident in the household of a sponsor who stands in loco parentis to such individual and who receives one-half or more of his support from such sponsor.

(2) The term “sponsor” means a person—(A) who is—(i) a member of the Armed Forces serving on active duty, or

(ii) a full-time civilian officer or employee of the Department of Defense and a citizen or national of the United States; and

(B) who is authorized to transport dependents to or from an overseas area at Government expense and is provided an allowance for living quarters in that area.

(3) The term “overseas area” means any area situated outside the United States.

(4) The term “United States”, when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (excluding the Trust Territory of the Pacific Islands and Midway Island).

(5) The term “involuntarily separated” has the meaning given that term in section 1141 of title 10.

(6) The term “Director” means the Director of the Department of Defense Education Activity.

(Pub. L. 95–561, title XIV, § 1414, Nov. 1, 1978, 92 Stat. 2372; Pub. L. 101–189, div. A, title III, § 325(a), Nov. 29, 1989, 103 Stat. 1415; Pub. L. 101–510, div. A, title V, § 504(b), Nov. 5, 1990, 104 Stat. 1559; Pub. L. 106–65, div. A, title III, § 354(7), Oct. 5, 1999, 113 Stat. 574.)

Editorial Notes
Amendments1999—Par. (6). Pub. L. 106–65 added par. (6).
1990—Par. (5). Pub. L. 101–510 added par. (5).
1989—Par. (2). Pub. L. 101–189 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘sponsor’ means—
“(A) a member of the Armed Forces serving on active duty, or
“(B) a civilian officer or employee of the Department of Defense paid from appropriated funds.”

Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentAmendment by Pub. L. 101–189 applicable with respect to periods of enrollment in schools of the defense dependents’ education system beginning after Sept. 30, 1989, see section 325(c) of Pub. L. 101–189, set out as a note under section 923 of this title.

Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

CHAPTER 26—SUPPORT AND SCHOLARSHIP IN HUMANITIES AND ARTS; MUSEUM SERVICES

SUBCHAPTER I—NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Sec.

951.Declaration of findings and purposes.

952.Definitions.

953.National Foundation on the Arts and the Humanities.

954.National Endowment for the Arts.

954a.Access to the arts through support of education.

955.National Council on the Arts.

955a.Omitted.

955b.National Medal of Arts.

956.National Endowment for the Humanities.

956a.National Capital arts and cultural affairs; grant programs.

957.National Council on the Humanities.

957a.Omitted.

958.Federal Council on the Arts and the Humanities.

959.Administrative provisions.

959a.Gifts, bequests, and devises.

960.Authorization of appropriations.

SUBCHAPTER II—MUSEUM SERVICES

961 to 969.Omitted.

SUBCHAPTER I—NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
§ 951. Declaration of findings and purposes
The Congress finds and declares the following:(1) The arts and the humanities belong to all the people of the United States.

(2) The encouragement and support of national progress and scholarship in the humanities and the arts, while primarily a matter for private and local initiative, are also appropriate matters of concern to the Federal Government.

(3) An advanced civilization must not limit its efforts to science and technology alone, but must give full value and support to the other great branches of scholarly and cultural activity in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the future.

(4) Democracy demands wisdom and vision in its citizens. It must therefore foster and support a form of education, and access to the arts and the humanities, designed to make people of all backgrounds and wherever located masters of their technology and not its unthinking servants.

(5) It is necessary and appropriate for the Federal Government to complement, assist, and add to programs for the advancement of the humanities and the arts by local, State, regional, and private agencies and their organizations. In doing so, the Government must be sensitive to the nature of public sponsorship. Public funding of the arts and humanities is subject to the conditions that traditionally govern the use of public money. Such funding should contribute to public support and confidence in the use of taxpayer funds. Public funds provided by the Federal Government must ultimately serve public purposes the Congress defines.

(6) The arts and the humanities reflect the high place accorded by the American people to the nation’s rich cultural heritage and to the fostering of mutual respect for the diverse beliefs and values of all persons and groups.

(7) The practice of art and the study of the humanities require constant dedication and devotion. While no government can call a great artist or scholar into existence, it is necessary and appropriate for the Federal Government to help create and sustain not only a climate encouraging freedom of thought, imagination, and inquiry but also the material conditions facilitating the release of this creative talent.

(8) The world leadership which has come to the United States cannot rest solely upon superior power, wealth, and technology, but must be solidly founded upon worldwide respect and admiration for the Nation’s high qualities as a leader in the realm of ideas and of the spirit.

(9) Americans should receive in school, background and preparation in the arts and humanities to enable them to recognize and appreciate the aesthetic dimensions of our lives, the diversity of excellence that comprises our cultural heritage, and artistic and scholarly expression.

(10) It is vital to a democracy to honor and preserve its multicultural artistic heritage as well as support new ideas, and therefore it is essential to provide financial assistance to its artists and the organizations that support their work.

(11) To fulfill its educational mission, achieve an orderly continuation of free society, and provide models of excellence to the American people, the Federal Government must transmit the achievement and values of civilization from the past via the present to the future, and make widely available the greatest achievements of art.

(12) In order to implement these findings and purposes, it is desirable to establish a National Foundation on the Arts and the Humanities.

(Pub. L. 89–209, § 2, Sept. 29, 1965, 79 Stat. 845; Pub. L. 91–346, § 2, July 20, 1970, 84 Stat. 443; Pub. L. 93–133, § 2(a)(1), Oct. 19, 1973, 87 Stat. 462; renumbered title I, § 2, and amended Pub. L. 98–306, §§ 2, 3, May 31, 1984, 98 Stat. 223; renumbered § 2 and amended Pub. L. 99–194, title I, §§ 101(1), 102, Dec. 20, 1985, 99 Stat. 1332; Pub. L. 101–512, title III, § 318 [title I, § 101], Nov. 5, 1990, 104 Stat. 1960, 1961.)

Editorial Notes
Amendments1990—Pub. L. 101–512 amended section generally, substituting provisions relating to declaration of findings and purposes consisting of pars. (1) to (12) for provisions relating to declaration of purpose consisting of cls. (1) to (9).
1985—Cl. (2). Pub. L. 99–194, § 102(1), struck out “man’s” before “scholarly and cultural activity”.
Cl. (3). Pub. L. 99–194, § 102(2), inserted “, and access to the arts and the humanities,” after “form of education” and substituted “people of all backgrounds and wherever located” for “men”.
Cls. (8), (9). Pub. L. 99–194, § 102(3)–(5), added cl. (8) and redesignated former cl. (8) as (9).
1984—Cls. (6) to (8). Pub. L. 98–306, § 3, added cl. (6) and redesignated former cls. (6) and (7) as (7) and (8), respectively.
1973—Cl. (7). Pub. L. 93–133 struck out provisions relating to strengthening the responsibilities of the Office of Education with respect to education in the arts and the humanities.
1970—Cl. (2). Pub. L. 91–346 inserted “in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the future”.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101–512, title III, § 318 [title IV, § 403], Nov. 5, 1990, 104 Stat. 1960, 1977, provided that:
“(a) General Effective Date.—Except as provided in subsection (b), this Act [probably means section, see Short Title of 1990 Amendment note below] and the amendments made by this Act shall take effect on October 1, 1990.

“(b) Special Effective Date.—The amendments made by sections 110, 204, and 301 [amending sections 960, 967, and 974 of this title] shall take effect on the date of the enactment of this Act [Nov. 5, 1990] or October 1, 1990, whichever is earlier.”

Effective Date of 1973 AmendmentPub. L. 93–133, § 2(b), Oct. 19, 1973, 87 Stat. 465, provided that: “The amendments made by subsection (a) [amending this section and sections 952 and 954 to 960 of this title and repealing sections 962 and 963 of this title] shall be effective on and after July 1, 1973.”

Short Title of 1990 AmendmentPub. L. 101–512, title III, § 318, Nov. 5, 1990, 104 Stat. 1960, provided that: “This section [enacting sections 954a and 969 of this title, amending this section, sections 952, 954, 955, 956, 958, 959, 960, 963, 964, 965, 967, and 974 of this title, and section 5315 of Title 5, Government Organization and Employees, and enacting notes under this section and section 954 of this title] may be cited as the ‘Arts, Humanities, and Museums Amendments of 1990’.”

Short Title of 1985 AmendmentPub. L. 99–194, § 1, Dec. 20, 1985, 99 Stat. 1332, provided that: “This Act [enacting section 177 of title 2, The Congress, amending this section and sections 952 to 955, 956, 957, 958 to 960, 963, 964, 967, 971, 972, and 974 of this title, enacting provisions set out as notes under sections 954 and 972 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Arts, Humanities, and Museums Amendments of 1985’.”

Short Title of 1984 AmendmentPub. L. 98–306, § 1, May 31, 1984, 98 Stat. 223, provided that: “This Act [enacting section 955b of this title and section 310 of Title 25, Indians, amending this section and sections 952 to 955, 956, 957, 958 to 960, 962, 963, 964, and 967 of this title, amending provisions set out as a note under this section and repealing provisions set out as notes under sections 960 and 967 of this title] may be cited as the ‘National Foundation on the Arts and the Humanities Act Amendments of 1983’.”

Short Title of 1980 AmendmentPub. L. 96–496, § 1, Dec. 4, 1980, 94 Stat. 2583, provided that: “This Act [amending sections 952, 954, 955, 956, 957, 958 to 960, 962, 963, 964, 965, 967, 974, and 3473 of this title] may be cited as the ‘Arts and Humanities Act of 1980’.”

Short Title of 1976 AmendmentPub. L. 94–462, § 1, Oct. 8, 1976, 90 Stat. 1971, provided: “That this Act [enacting sections 961 to 968 of this title, amending sections 954, 955, 956, 957, 958, 960, and 1867 of this title, and enacting provisions set out as notes under sections 956, 960, and 961 of this title] may be cited as the ‘Arts, Humanities, and Cultural Affairs Act of 1976’.”

Short Title of 1973 AmendmentPub. L. 93–133, § 1, Oct. 19, 1973, 87 Stat. 461, provided: “That this Act [amending this section and sections 351a, 952, 954, 955, 956, 957, and 958 to 960 of this title, repealing sections 962 and 963 of this title, and enacting provisions set out as notes under this section and section 351a of this title] may be cited as the ‘National Foundation on the Arts and the Humanities Amendments of 1973’.”

Short Title of 1970 AmendmentPub. L. 91–346, § 1, July 20, 1970, 84 Stat. 443, provided: “That this Act [amending this section and sections 952, 954, 955, 956, 957, and 958 to 960 of this title, repealing sections 781 to 788 and 790 of this title, and enacting provisions set out as notes under section 955 of this title and section 781 of this title] may be cited as ‘The National Foundation on the Arts and the Humanities Amendments of 1970’.”

Short TitlePub. L. 89–209, § 1, Sept. 29, 1965, 79 Stat. 845, as renumbered title I, § 1, and amended by Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 1 and amended by Pub. L. 99–194, title I, § 101, Dec. 20, 1985, 99 Stat. 1332, provided that: “This Act [enacting this subchapter, amending sections 784 to 786 of this title, repealing section 789 of this title, and enacting provisions formerly set out as a note under section 785 of this title] may be cited as the ‘National Foundation on the Arts and the Humanities Act of 1965’.”

Sense of Congress Regarding Purchase of American-Made Equipment and ProductsPub. L. 101–512, title III, § 318 [title IV, §§ 401, 402], Nov. 5, 1990, 104 Stat. 1960, 1977, provided that:
“SEC. 401. SENSE OF CONGRESS.“It is the sense of the Congress that a recipient (including a nation, individual, group, or organization) of any form of subsidy, aid, or other Federal assistance under the Acts amended by this Act [probably means this section, see Short Title of 1990 Amendment note above] should, in expending that assistance, purchase American-made equipment and products.

“SEC. 402. NOTICE.“Any entity that provides a form of subsidy, aid, or other Federal assistance under the Acts amended by this Act shall provide to each recipient of such form of subsidy, aid, or other Federal assistance a notice describing the sense of the Congress stated under section 401.”

1979 White House Conference on the ArtsPub. L. 95–272, title I, §§ 101–109, May 3, 1978, 92 Stat. 222–224, called for a White House Conference on the Arts to be held no later than Dec. 31, 1979, to help develop a climate in which the arts can flourish and to formulate recommendations relating to the appropriate growth of the arts in all parts of the Nation, established a National Conference Planning Council on the Arts to provide guidance and planning for the Conference, directed the Council to submit a report of the Conference to the President and to the Congress no later than 180 days following the date on which the Conference was called, and provided the Council cease to exist 180 days, unless extended by the President, but in no event to exceed one year, after submission of the report.

1979 White House Conference on the HumanitiesPub. L. 95–272, title II, §§ 201–209, May 3, 1978, 92 Stat. 224–226, called for a White House Conference on the Humanities to be held no later than Dec. 31, 1979, to help develop a climate in which the humanities can flourish and to formulate recommendations relating to the appropriate growth of the humanities in all parts of the Nation, established a National Planning Council on the Humanities to provide guidance and planning for the Conference, directed the Council to submit a report of the Conference to the President and to the Congress no later than 180 days following the date on which the Conference was called, and provided the Council cease to exist 180 days, unless extended by the President, but in no event to exceed one year, after submission of the report.

Executive Documents

Executive Order No. 12275
Ex. Ord. No. 12275, Jan. 16, 1981, 46 F.R. 5857, which established the Design Liaison Council and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, § 10, Aug. 17, 1982, 47 F.R. 36099, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.

§ 952. Definitions
As used in this subchapter—(a) The term “humanities” includes, but is not limited to, the study and interpretation of the following: language, both modern and classical; linguistics; literature; history; jurisprudence; philosophy; archeology; comparative religion; ethics; the history, criticism, and theory of the arts; those aspects of the social sciences which have humanistic content and employ humanistic methods; and the study and application of the humanities to the human environment with particular attention to reflecting our diverse heritage, traditions, and history and to the relevance of the humanities to the current conditions of national life.

(b) The term “the arts” includes, but is not limited to, music (instrumental and vocal), dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, motion pictures, television, radio, film, video, tape and sound recording, the arts related to the presentation, performance, execution, and exhibition of such major art forms, all those traditional arts practiced by the diverse peoples of this country.11 So in original. The period probably should be a comma. and the study and application of the arts to the human environment.

(c) The term “production” means plays (with or without music), ballet, dance and choral performances, concerts, recitals, operas, exhibitions, readings, motion pictures, television, radio, film, video, and tape and sound recordings, and any other activities involving the execution or rendition of the arts and meeting such standards as may be approved by the National Endowment for the Arts established by section 954 of this title.

(d) The term “project” means programs organized to carry out the purposes of this subchapter, including programs to foster American artistic creativity, to commission works of art, to create opportunities for individuals to develop artistic talents when carried on as a part of a program otherwise included in this definition, and to develop and enhance the widest public knowledge and understanding of the arts, and includes, where appropriate, rental or purchase of facilities, purchase or rental of land, and acquisition of equipment. Such term also includes—(1) the renovation of facilities if (A) the amount of the expenditure of Federal funds for such purpose in the case of any project does not exceed $250,000, or (B) two-thirds of the members of the National Council on the Arts or the National Council on the Humanities, as the case may be (who are present and voting) approve of the grant or contract involving an expenditure for such purpose; and

(2) for purposes of sections 954(p), 956(c)(10), and 956(h) of this title only, the construction of facilities if (A) such construction is for demonstration purposes or under unusual circumstances where there is no other manner in which to accomplish an artistic or humanistic purpose, and (B) two-thirds of the members of the National Council on the Arts and the National Council on the Humanities, as the case may be, (who are present and voting) approve of the grant or contract involving an expenditure for such purpose.

(e) The term “group” includes any State or other public agency, and any nonprofit society, institution, organization, association, museum, or establishment in the United States, whether or not incorporated.

(f) The term “workshop” means an activity the primary purpose of which is to encourage the artistic development or enjoyment of amateur, student, or other nonprofessional participants, or to promote scholarship and teaching among the participants.

(g) The term “State” includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.

(h) The term “local arts agency” means a community organization, or an agency of local government, that primarily provides financial support, services, or other programs for a variety of artists and arts organizations, for the benefit of the community as a whole.

(i) The term “developing arts organization” means a local arts organization of high artistic promise which—(1) serves as an important source of local arts programming in a community; and

(2) has the potential to develop artistically and institutionally to broaden public access to the arts in rural and innercity areas and other areas that are underserved artistically.

(j) The term “determined to be obscene” means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene.

(k) The term “final judgment” means a judgment that is either—(1) not reviewed by any other court that has authority to review such judgment; or

(2) is not reviewable by any other court.

(l) The term “obscene” means with respect to a project, production, workshop, or program that—(1) the average person, applying contemporary community standards, would find that such project, production, workshop, or program, when taken as a whole, appeals to the prurient interest;

(2) such project, production, workshop, or program depicts or describes sexual conduct in a patently offensive way; and

(3) such project, production, workshop, or program, when taken as a whole, lacks serious literary, artistic, political, or scientific value.

(Pub. L. 89–209, § 3, Sept. 29, 1965, 79 Stat. 845; Pub. L. 90–348, §§ 1, 7, June 18, 1968, 82 Stat. 184, 187; Pub. L. 91–346, § 3, July 20, 1970, 84 Stat. 443; Pub. L. 93–133, § 2(a)(2), Oct. 19, 1973, 87 Stat. 462; Pub. L. 96–496, title I, § 101, Dec. 4, 1980, 94 Stat. 2583; renumbered title I, § 3, Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 3 and amended Pub. L. 99–194, title I, §§ 101(1), 103, Dec. 20, 1985, 99 Stat. 1332; Pub. L. 101–512, title III, § 318 [title I, § 102], Nov. 5, 1990, 104 Stat. 1960, 1962.)

Editorial Notes
Amendments1990—Subsec. (b). Pub. L. 101–512, § 318 [title I, § 102(a)(1), (b)(1)], inserted “all those traditional arts practiced by the diverse peoples of this country.” after “forms,” and “film, video,” after “radio,”.
Subsec. (c). Pub. L. 101–512, § 318 [title I, § 102(b)(2)], inserted “film, video,” after “radio,”.
Subsec. (d). Pub. L. 101–512, § 318 [title I, § 102(b)(3)(A)], inserted “the widest” after “enhance”.
Subsec. (d)(2). Pub. L. 101–512, § 318 [title I, § 102(b)(3)(B)], which directed the substitution of “sections 954(p), 956(c)(10),” for “sections 954(1)”, was executed by making the substitution for “sections 954(l)” to reflect the probable intent of Congress.
Subsecs. (h), (i). Pub. L. 101–512, § 318 [title I, § 102(a)(2)], added subsecs. (h) and (i).
Subsecs. (j) to (l). Pub. L. 101–512, § 318 [title I, § 102(c)], added subsecs. (j) to (l).
1985—Subsec. (a). Pub. L. 99–194, § 103(1), substituted “study and interpretation of the following” for “study of the following” and inserted “to reflecting our diverse heritage, traditions, and history and” after “particular attention”.
Subsec. (d)(2). Pub. L. 99–194, § 103(2), inserted “for purposes of sections 954(l) and 956(h) of this title only,” before “the construction of facilities if”, “or humanistic” after “artistic”, and “and the National Council on the Humanities, as the case may be,” after “the National Council on the Arts”.
1980—Subsec. (a). Pub. L. 96–496, § 101(a), substituted “and theory of the arts” for “theory, and practice of the arts”.
Subsec. (d)(1)(B). Pub. L. 96–496, § 101(b), inserted “or the National Council on the Humanities, as the case may be”.
Subsec. (g). Pub. L. 96–496, § 101(c), inserted “the Northern Mariana Islands”.
1973—Subsec. (d). Pub. L. 93–133 substituted “or purchase of facilities” for “, purchase, renovation, or construction of facilities” and added pars. (1) and (2).
1970—Subsec. (a). Pub. L. 91–346 extended term “humanities” to include the study of comparative religion and ethics, and emphasized that particular attention be paid to relevance of humanities to current conditions of national life when engaging in study and application of humanities to human environment.
1968—Subsec. (a). Pub. L. 90–348, § 7, extended term “humanities” to include the study and application of enumerated fields to human environment.
Subsec. (b). Pub. L. 90–348, § 7, extended term “arts” to include study and application of enumerated art forms to human environment.
Subsec. (f). Pub. L. 90–348, § 1, substituted “activity” for “production” in definition of “workshop” and extended enumerated purposes to include promotion of scholarship and teaching among participants.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as a note under section 951 of this title.

Effective Date of 1973 AmendmentAmendment by Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out as a note under section 951 of this title.

§ 953. National Foundation on the Arts and the Humanities(a) Establishment; compositionThere is established a National Foundation on the Arts and the Humanities (hereinafter referred to as the “Foundation”), which shall be composed of a National Endowment for the Arts, a National Endowment for the Humanities, a Federal Council on the Arts and the Humanities, and an Institute of Museum and Library Services.

(b) PurposeThe purpose of the Foundation shall be to develop and promote a broadly conceived national policy of support for the humanities and the arts in the United States, and for institutions which preserve the cultural heritage of the United States pursuant to this subchapter.

(c) Prohibition against Federal supervision over policy determination, personnel, or curriculum, or administration or operation of any school or other non-Federal bodyIn the administration of this subchapter no department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over the policy determination, personnel, or curriculum, or the administration or operation of any school or other non-Federal agency, institution, organization, or association.

(Pub. L. 89–209, § 4, Sept. 29, 1965, 79 Stat. 846; renumbered title I, § 4, and amended Pub. L. 98–306, §§ 2, 4, May 31, 1984, 98 Stat. 223; renumbered § 4 and amended Pub. L. 99–194, title I, §§ 101(1), 104, Dec. 20, 1985, 99 Stat. 1332, 1333; Pub. L. 111–340, title II, § 208(1), Dec. 22, 2010, 124 Stat. 3602.)

Editorial Notes
Amendments2010—Subsec. (a). Pub. L. 111–340 substituted “Institute of Museum and Library Services” for “Institute of Museum Services”.
1985—Subsec. (a). Pub. L. 99–194, § 104, struck out a second comma after “a National Endowment for the Humanities” and “(hereinafter established)” after “Institute of Museum Services”.
1984—Subsec. (a). Pub. L. 98–306, § 4(a), substituted “, a Federal Council” for “and a Federal Council” and inserted “, and an Institute of Museum Services”.
Subsec. (b). Pub. L. 98–306, § 4(b), inserted “, and for institutions which preserve the cultural heritage of the United States”.

§ 954. National Endowment for the Arts(a) EstablishmentThere is established within the Foundation a National Endowment for the Arts.

(b) Chairperson of the Endowment; term of office; vacancies(1) The Endowment shall be headed by a chairperson, to be known as the Chairperson of the National Endowment for the Arts, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) The term of office of the Chairperson shall be four years and the Chairperson shall be eligible for reappointment. The provisions of this subsection shall apply to any person appointed to fill a vacancy in the office of Chairperson. Upon expiration of the Chairperson’s term of office the Chairperson shall serve until the Chairperson’s successor shall have been appointed and shall have qualified.

(c) Program of contracts, grants-in-aid, or loans to groups and individuals for projects and productions; traditionally underrepresented recipients of financial assistanceThe Chairperson, with the advice of the National Council on the Arts, is authorized to establish and carry out a program of contracts with, or grants-in-aid or loans to, groups or, in appropriate cases, individuals of exceptional talent engaged in or concerned with the arts, for the purpose of enabling them to provide or support—(1) projects and productions which have substantial national or international artistic and cultural significance, giving emphasis to American creativity and cultural diversity and to the maintenance and encouragement of professional excellence;

(2) projects and productions, meeting professional standards or standards of authenticity or tradition, irrespective of origin, which are of significant merit and which, without such assistance, would otherwise be unavailable to our citizens for geographic or economic reasons;

(3) projects and productions that will encourage and assist artists and enable them to achieve wider distribution of their works, to work in residence at an educational or cultural institution, or to achieve standards of professional excellence;

(4) projects and productions which have substantial artistic and cultural significance and that reach, or reflect the culture of, a minority, inner city, rural, or tribal community;

(5) projects and productions that will encourage public knowledge, education, understanding, and appreciation of the arts;

(6) workshops that will encourage and develop the appreciation and enjoyment of the arts by our citizens;

(7) programs for the arts at the local level;

(8) projects that enhance managerial and organizational skills and capabilities;

(9) projects, productions, and workshops of the kinds described in paragraphs (1) through (8) through film, radio, video, and similar media, for the purpose of broadening public access to the arts; and

(10) other relevant projects, including surveys, research, planning, and publications relating to the purposes of this subsection.

In the case of publications under paragraph (10) of this subsection such publications may be supported without regard for the provisions of section 501 of title 44 only if the Chairperson consults with the Joint Committee on Printing of the Congress and the Chairperson submits to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives a report justifying any exemption from such section 501. Any loans made by the Chairperson under this subsection shall be made in accordance with terms and conditions approved by the Secretary of the Treasury. In selecting individuals and groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to artists and artistic groups that have traditionally been underrepresented.

(d) Application for payment; regulations and proceduresNo payment shall be made under this section except upon application therefor which is submitted to the National Endowment for the Arts in accordance with regulations issued and procedures established by the Chairperson. In establishing such regulations and procedures, the Chairperson shall ensure that—(1) artistic excellence and artistic merit are the criteria by which applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public; and

(2) applications are consistent with the purposes of this section. Such regulations and procedures shall clearly indicate that obscenity is without artistic merit, is not protected speech, and shall not be funded. Projects, productions, workshops, and programs that are determined to be obscene are prohibited from receiving financial assistance under this subchapter from the National Endowment for the Arts.

The disapproval or approval of an application by the Chairperson shall not be construed to mean, and shall not be considered as evidence that, the project, production, workshop, or program for which the applicant requested financial assistance is or is not obscene.

(e) Limitation on amount of grant to group; grants and contracts of the National Endowment for the ArtsThe total amount of any grant to any group pursuant to subsection (c) of this section shall not exceed 50 per centum of the total cost of such project or production, except that not more than 20 per centum of the funds allotted by the National Endowment for the Arts for the purposes of subsection (c) for any fiscal year may be available for grants and contracts in that fiscal year without regard to such limitation.

(f) Eligibility for financial assistanceAny group shall be eligible for financial assistance pursuant to this section only if (1) no part of its net earnings inures to the benefit of any private stockholder or stockholders, or individual or individuals, and (2) donations to such group are allowable as a charitable contribution under the standards of subsection (c) of section 170 of title 26.

(g) Grants to States for projects and productions; applications; terms and conditions of State plans; minimum allotments; excess appropriations; cost limitations; grants to regional groups; non-Federal funding; definitions(1) The Chairperson, with the advice of the National Council on the Arts, is authorized to establish and carry out a program of grants-in-aid to assist the several States in supporting existing projects and productions which meet the standards enumerated in subsection (c) of this section, and in developing projects and productions in the arts in such a manner as will furnish adequate programs, facilities, and services in the arts to all the people and communities in each of the several States.

(2) In order to receive assistance under this subsection in any fiscal year, a State shall submit an application for such grants at such time as shall be specified by the Chairperson and accompany such application with a plan which the Chairperson finds—(A) designates or provides for the establishment of a State agency (hereinafter in this section referred to as the “State agency”) as the sole agency for the administration of the State plan;

(B) provides that funds paid to the State under this subsection will be expended solely on projects and productions approved by the State agency which carry out one or more of the objectives of subsection (c);

(C) provides that the State agency will make such reports, in such form and containing such information, as the Chairperson may from time to time require, including a description of the progress made toward achieving the goals of the State plan;

(D) provides—(i) assurances that the State agency has held, after reasonable notice, public meetings in the State to allow all groups of artists, interested organizations, and the public to present views and make recommendations regarding the State plan; and

(ii) a summary of such recommendations and the State agency’s response to such recommendations; and

(E) contains—(i) a description of the level of participation during the most recent preceding year for which information is available by artists, artists’ organizations, and arts organizations in projects and productions for which financial assistance is provided under this subsection;

(ii) for the most recent preceding year for which information is available, a description of the extent projects and productions receiving financial assistance from the State arts agency are available to all people and communities in the State; and

(iii) a description of projects and productions receiving financial assistance under this subsection that exist or are being developed to secure wider participation of artists, artists’ organizations, and arts organizations identified under clause (i) of this subparagraph or that address the availability of the arts to all people or communities identified under clause (ii) of this subparagraph.

No application may be approved unless the accompanying plan satisfies the requirements specified in this subsection.

(3) Of the sums available to carry out this subsection for any fiscal year, each State which has a plan approved by the Chairperson shall be allotted at least $200,000. If the sums appropriated are insufficient to make the allotments under the preceding sentence in full, such sums shall be allotted among such States in equal amounts. In any case where the sums available to carry out this subsection for any fiscal year are in excess of the amount required to make the allotments under the first sentence of this paragraph—(A) the amount of such excess which is no greater than 25 per centum of the sums available to carry out this subsection for any fiscal year shall be available only to the Chairperson for making grants under this subsection to States and regional groups, and

(B) the amount of such excess, if any, which remains after reserving in full for the Chairperson the amount required under clause (A) shall be allotted among the States which have plans approved by the Chairperson in equal amounts

but in no event shall any State be allotted less than $200,000.

(4)(A) The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State, which has a plan approved by the Chairperson in effect on the first day of such fiscal year, to pay not more than 50 per centum of the total cost of any project or production described in paragraph (1). The amount of any allotment made under paragraph (3) for any fiscal year which exceeds $125,000 shall be available, at the discretion of the Chairperson, to pay up to 100 per centum of such cost of projects and productions if such projects and productions would otherwise be unavailable to the residents of that State: Provided, That the total amount of any such allotment for any fiscal year which is exempted from such 50 per centum limitation shall not exceed 20 per centum of the total of such allotment for such fiscal year. Whenever a State agency requests that the Chairperson exercise such discretion, the Chairperson shall—(i) give consideration to the various circumstances the State is encountering at the time of such request; and

(ii) ensure that such discretion is not exercised with respect to such State in perpetuity.

(B) Any amount allotted to a State under the first sentence of paragraph (3) for any fiscal year which is not obligated by the State prior to 60 days prior to the end of the fiscal year for which such sums are appropriated shall be available for making grants to regional groups.

(C) Funds made available under this subsection shall not be used to supplant non-Federal funds. The non-Federal funds required by subparagraph (A) to pay 50 percent of the cost of a program or production shall be provided from funds directly controlled and appropriated by the State involved and directly managed by the State agency of such State.

(D) For the purpose of paragraph (3) and paragraph (4) of this section the term “regional group” means any multistate group, whether or not representative of contiguous States.

(E) For purposes of paragraph (3)(B), the term “State” includes, in addition to the several States of the Union, only those special jurisdictions specified in section 952(g) of this title which have a population of 200,000 or more, according to the latest decennial census.

(5) All amounts allotted or made available under paragraph (3) for a fiscal year which are not granted to a State during such year shall be available at the end of such year to the National Endowment for the Arts for the purpose of carrying out subsection (c).

(h) Suspension of grants for defaults, noncompliance with provisions and plans, and diversion of funds; repayment of fundsWhenever the Chairperson, after reasonable notice and opportunity for hearing, finds that—(1) a group is not complying substantially with the provisions of this section;

(2) a State agency is not complying substantially with the terms and conditions of its State plan approved under this section; or

(3) any funds granted to a group or State agency under this section have been diverted from the purposes for which they were allotted or paid,

the Chairperson shall immediately notify the Secretary of the Treasury and the group or State agency with respect to which such finding was made that no further grants will be made under this section to such group or agency until there is no longer any default or failure to comply or the diversion has been corrected, or, if compliance or correction is impossible, until such group or agency repays or arranges the repayment of the Federal funds which have been improperly diverted or expended.

(i) Application for financial assistance; requirementsIt shall be a condition of the receipt of financial assistance provided under this section by the Chairperson or the State agency that the applicant for such assistance include in its application—(1) a detailed description of the proposed project, production, workshop, or program for which the applicant requests such assistance;

(2) a timetable for the completion of such proposed project, production, workshop, or program;

(3) an assurance that the applicant will submit—(A) interim reports describing the applicant’s—(i) progress in carrying out such project, production, workshop, or program; and

(ii) compliance with this subchapter and the conditions of receipt of such assistance;

(B) if such proposed project, production, workshop, or program will be carried out during a period exceeding 1 year, an annual report describing the applicant’s—(i) progress in carrying out such project, production, workshop, or program; and

(ii) compliance with this subchapter and the conditions of receipt of such assistance; and

(C) not later than 90 days after—(i) the end of the period for which the applicant receives such assistance; or

(ii) the completion of such project, production, workshop, or program;

whichever occurs earlier, a final report to the Chairperson or the State agency (as the case may be) describing the applicant’s compliance with this subchapter and the conditions of receipt of such assistance; and

(4) an assurance that the project, production, workshop, or program for which assistance is requested will meet the standards of artistic excellence and artistic merit required by this subchapter.

(j) Regulations for distribution of financial assistance in installments; implementationThe Chairperson shall issue regulations to provide for the distribution of financial assistance to recipients in installments except in those cases where the Chairperson determines that installments are not practicable. In implementing any such installments, the Chairperson shall ensure that—(1) not more than two-thirds of such assistance may be provided at the time such application is approved; and

(2) the remainder of such assistance may not be provided until the Chairperson finds that the recipient of such assistance is complying substantially with this section and with the conditions under which such assistance is provided to such recipient.

(k) Reviews to ensure compliance with regulationsThe Inspector General of the Endowment shall conduct appropriate reviews to ensure that recipients of financial assistance under this section comply with the regulations under this subchapter that apply with respect to such assistance, including regulations relating to accounting and financial matters.

(l) Use of financial assistance for obscene project, production, etc.; repayment of assistance; exceptions(1) If, after reasonable notice and opportunity for a hearing on the record, the Chairperson determines that a recipient of financial assistance provided under this section by the Chairperson or any non-Federal entity, used such financial assistance for a project, production, workshop, or program that is determined to be obscene, then the Chairperson shall require that until such recipient repays such assistance (in such amount, and under such terms and conditions, as the Chairperson determines to be appropriate) to the Endowment; no subsequent financial assistance be provided under this section to such recipient.

(2) Financial assistance repaid under this section to the Endowment shall be deposited in the Treasury of the United States and credited as miscellaneous receipts.

(3)(A) This subsection shall not apply with respect to financial assistance provided before the effective date of this subsection.

(B) This subsection shall not apply with respect to a project, production, workshop, or program after the expiration of the 7-year period beginning on the latest date on which financial assistance is provided under this section for such project, production, workshop, or program.

(m) Labor standards of professional performers and personnel; healthy and safe working conditionsIt shall be a condition of the receipt of any grant under this section that the group or individual of exceptional talent or the State or State agency receiving such grant furnish adequate assurances to the Secretary of Labor that (1) all professional performers and related or supporting professional personnel (other than laborers and mechanics with respect to whom labor standards are prescribed in subsection (n) of this section) employed on projects or productions which are financed in whole or in part under this section will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities; and (2) no part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. The Secretary of Labor shall have the authority to prescribe standards, regulations, and procedures as the Secretary of Labor may deem necessary or appropriate to carry out the provisions of this subsection.

(n) Labor standards of laborers and mechanicsIt shall be a condition of the receipt of any grant under this section that the group or individual of exceptional talent or the State or State agency receiving such grant furnish adequate assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on construction projects assisted under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have with respect to the labor standards specified in this subsection the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40.

(o) Correlation and development of endowment programs with other Federal and non-Federal programs; expenditure of appropriationsThe Chairperson shall correlate the programs of the National Endowment for the Arts insofar as practicable, with existing Federal programs and with those undertaken by other public agencies or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this subchapter which can be made by other Federal agencies under existing programs. The Chairperson may enter into interagency agreements to promote or assist with the arts-related activities of other Federal agencies, on a reimbursable or nonreimbursable basis, and may use funds authorized to be appropriated for the purposes of subsection (c) for the costs of such activities.

(p) Program of contracts or grants-in-aid to public agencies and private nonprofit organizations; limitation on payments; authority of Chairperson(1) The Chairperson of the National Endowment for the Arts, with the advice of the National Council on the Arts, is authorized, in accordance with the provisions of this subsection, to establish and carry out a program of contracts with, or grants-in-aid to, public agencies and private nonprofit organizations, on a national, State, or local level, for the purpose of strengthening quality by—(A) enabling cultural organizations and institutions to increase the levels of continuing support and to increase the range of contributors to the programs of such organizations or institutions;

(B) providing administrative and management improvements for cultural organizations and institutions, particularly in the field of long-range financial planning;

(C) enabling cultural organizations and institutions to increase audience participation in, and appreciation of, programs sponsored by such organizations and institutions;

(D) providing additional support for cooperative efforts undertaken by State arts agencies with local arts groups and local arts agencies to promote effective arts activity at the State and local level, including—(i) support of professional artists in community based residencies;

(ii) support of rural arts development;

(iii) support of and models for regional, statewide, or local organizations to provide technical assistance to cultural organizations and institutions;

(iv) support of and models for visual and performing arts touring; and

(v) support of and models for professional staffing of arts organizations and for stabilizing and broadening the financial base for arts organizations;

(E) stimulating greater cooperation among cultural organizations and institutions especially designed to serve better the communities in which such organizations or institutions are located;

(F) fostering greater citizen involvement in planning the cultural development of a community; and

(G) stimulating artistic activity and awareness which are in keeping with the varied cultural traditions of this Nation.

(2)(A) The Chairperson of the National Endowment for the Arts, with the advice of the National Council on the Arts, is authorized in accordance with this subsection, to establish and carry out a program of contracts with, or grants to, States for the purposes of—(i) raising the artistic capabilities of developing arts organizations by providing for—(I) artistic and programmatic development to enhance artistic capabilities, including staff development; and

(II) technical assistance to improve managerial and organizational skills, financial systems management, and long-range fiscal planning; and

(ii) stimulating artistic activity and awareness and broadening public access to the arts in rural and innercity areas and other areas that are underserved artistically.

(B) For purposes of providing financial assistance under this paragraph, the Chairperson shall give priority to the activities described in subparagraph (A)(i).

(C) The Chairperson may not provide financial assistance under this paragraph to a particular applicant in more than 3 fiscal years for the purpose specified in subparagraph (A)(i).

(3) The total amount of any payment made under this subsection for a program or project may not exceed 50 per centum of the cost of such program or project.

(4) In carrying out the program authorized by this subsection, the Chairperson of the National Endowment for the Arts shall have the same authority as is established in subsection (c) and section 959 of this title.

(q) National information and data collection system on the arts, artists and art groups, and audiences; development and implementation plan; state of the arts reportsThe Chairperson of the National Endowment for the Arts shall, in ongoing consultation with State and local agencies, relevant organizations, and relevant Federal agencies, continue to develop and implement a practical system of national information and data collection and public dissemination on the arts, artists and arts groups, and their audiences. Such system shall include artistic and financial trends in the various artistic fields, trends in audience participation, and trends in arts education on national, regional, and State levels. Such system shall also include information regarding the availability of the arts to various audience segments, including rural communities. Such system shall be used, along with a summary of the data submitted with State plans under subsection (g), to prepare a periodic report on the state of the arts in the Nation. The state of the arts report shall include a description of the availability of the Endowment’s programs to emerging, rural, and culturally diverse artists, arts organizations, and communities and of the participation by such artists, organizations, and communities in such programs. The state of the arts report shall be submitted to the President and the Congress, and provided to the States, not later than October 1, 1992, and quadrennially thereafter.

(Pub. L. 89–209, § 5, Sept. 29, 1965, 79 Stat. 846; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90–348, §§ 2, 3, June 18, 1968, 82 Stat. 185; Pub. L. 91–346, §§ 4, 5(a)(1), (2), 6, 7, July 20, 1970, 84 Stat. 443, 445; Pub. L. 93–133, § 2(a)(3), (4), Oct. 19, 1973, 87 Stat. 462; Pub. L. 94–462, title I, §§ 101, 102, title III, § 301(a), title IV, § 401(a), Oct. 8, 1976, 90 Stat. 1971, 1978, 1980; Pub. L. 96–496, title I, §§ 102, 109(a), (b), Dec. 4, 1980, 94 Stat. 2583, 2591; renumbered title I, § 5, Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 5 and amended Pub. L. 99–194, title I, §§ 101(1), 105, Dec. 20, 1985, 99 Stat. 1332, 1333; Pub. L. 101–512, title III, § 318 [title I, §§ 103(a)–(i)(1), 104], Nov. 5, 1990, 104 Stat. 1960, 1963–1966; Pub. L. 113–76, div. G, title IV, § 416, Jan. 17, 2014, 128 Stat. 341.)

Editorial Notes

References in TextThe effective date of this subsection, referred to in subsec. (l)(3)(A), is October 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as an Effective Date of 1990 Amendment note under section 951 of this title.
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (n), is set out in the Appendix to Title 5, Government Organization and Employees.

Codification
In subsec. (n), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments2014—Subsec. (g)(4)(A). Pub. L. 113–76, § 416(1), inserted at end “Whenever a State agency requests that the Chairperson exercise such discretion, the Chairperson shall—
“(i) give consideration to the various circumstances the State is encountering at the time of such request; and
“(ii) ensure that such discretion is not exercised with respect to such State in perpetuity.”
Subsec. (g)(4)(C). Pub. L. 113–76, § 416(2), inserted at end “The non-Federal funds required by subparagraph (A) to pay 50 percent of the cost of a program or production shall be provided from funds directly controlled and appropriated by the State involved and directly managed by the State agency of such State.”
1990—Subsec. (c). Pub. L. 101–512, § 318 [title I, § 103(a)(7)], substituted “paragraph (10)” for “clause (8)” in concluding provisions.
Subsec. (c)(1). Pub. L. 101–512, § 318 [title I, § 103(a)(1)], amended par. (1) generally. Prior to amendment, par. (1) read as follows: “projects and productions which have substantial artistic and cultural significance, giving emphasis to American creativity and cultural diversity and the maintenance and encouragement of professional excellence;”.
Subsec. (c)(2). Pub. L. 101–512, § 318 [title I, § 103(a)(2)], inserted “or tradition” after “authenticity”.
Subsec. (c)(5). Pub. L. 101–512, § 318 [title I, § 103(a)(3)], inserted “education,” after “knowledge,”.
Subsec. (c)(8) to (10). Pub. L. 101–512, § 318 [title I, § 103(a)(4)–(6)], added pars. (8) and (9) and redesignated former par. (8) as (10).
Subsec. (d). Pub. L. 101–512, § 318 [title I, § 103(b)], amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “No payment may be made to any group under this section except upon application therefor which is submitted to the National Endowment for the Arts in accordance with regulations and procedures established by the Chairperson.”
Subsec. (f). Pub. L. 101–512, § 318 [title I, § 103(c)], substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Subsec. (g)(2)(E)(i), (ii). Pub. L. 101–512, § 318 [title I, § 103(d)], added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
“(i) a description of the level of participation during the previous 2 years by artists, artists’ organizations, and arts organizations in projects and productions for which financial assistance is provided under this subsection;
“(ii) a description of the extent to which projects and productions receiving financial assistance under this subsection are available to all people and communities in the State; and”.
Subsecs. (i) to (k). Pub. L. 101–512, § 318 [title I, § 103(g)(2)], added subsecs. (i) to (k), and redesignated former subsecs. (i) to (k) as (l) to (n), respectively.
Subsec. (l). Pub. L. 101–512, § 318 [title I, § 103(h)(2)], added subsec. (l). Former subsec. (l), redesignated (m).
Pub. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsec. (i) as (l). Former subsec. (l) redesignated (o).
Subsec. (m). Pub. L. 101–512, § 318 [title I, § 103(i)(1)], substituted “subsection (n)” for “subsection (j)”.
Pub. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsec. (l) as (m). Former subsec. (m) redesignated (n).
Pub. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsec. (j) as (m). Former subsec. (m) redesignated (p).
Subsecs. (n), (o). Pub. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsecs. (m) and (n) as (n) and (o), respectively. Former subsecs. (n) and (o) redesignated (o) and (p), respectively.
Pub. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsecs. (k) and (l) as (n) and (o), respectively.
Subsec. (p). Pub. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsec. (o) as (p). Former subsec. (p) redesignated (q).
Pub. L. 101–512, § 318 [title I, § 103(g)(1)], redesignated subsec. (m) as (p).
Subsec. (p)(1)(G). Pub. L. 101–512, § 318 [title I, § 103(e)], added subpar. (G).
Subsec. (p)(2) to (4). Pub. L. 101–512, § 318 [title I, § 104], added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and in par. (4), substituted “subsection (c)” for “section 5(c)”, which for purposes of codification was translated as “subsection (c)” thus requiring no change in text.
Subsec. (q). Pub. L. 101–512, § 318 [title I, § 103(h)(1)], redesignated subsec. (p) as (q).
Pub. L. 101–512, § 318 [title I, § 103(f)], inserted “ongoing” after “shall, in”, substituted “continue to develop and implement” for “develop”, inserted “and public dissemination” after “collection”, struck out “Not later than one year after December 20, 1985, the Chairperson shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a plan for the development and implementation of such system, including a recommendation regarding the need for any additional funds to be appropriated to develop and implement such system.” after “including rural communities.”, and substituted “1992, and quadrennially” for “1988, and biennially”.
1985—Subsec. (b)(1). Pub. L. 99–194, § 105(1), (6), substituted “chairperson” for “chairman” and “Chairperson” for “Chairman”.
Subsec. (b)(2). Pub. L. 99–194, § 105(6), (7), substituted “Chairperson” for “Chairman” wherever appearing and “the Chairperson’s” for “his” in two places.
Subsec. (c). Pub. L. 99–194, § 105(2)(C), (D), (6), substituted “Chairperson” for “Chairman” in provisions preceding par. (1), and in provisions following cl. (8) substituted “Chairperson” for “Chairman” wherever appearing and “clause (8)” for “clause (5)”, and inserted “In selecting individuals and groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to artists and artistic groups that have traditionally been underrepresented”.
Subsec. (c)(4) to (8). Pub. L. 99–194, § 105(2)(A), (B), added cls. (4) and (5) and redesignated former cls. (4) to (6) as (6) to (8), respectively.
Subsec. (d). Pub. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman”.
Subsec. (g). Pub. L. 99–194, § 105(3), (6), substituted “Chairperson” for “Chairman” wherever appearing, and in par. (2) struck out “and” at end of cl. (B), substituted “, including a description of the progress made toward achieving the goals of the State plan;” for the period at end of cl. (C), and added cls. (D) and (E).
Subsec. (h). Pub. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman” wherever appearing.
Subsec. (i). Pub. L. 99–194, § 105(4), substituted “Secretary of Labor may deem” for “he may deem” in last sentence.
Subsec. (k). Pub. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman” wherever appearing.
Subsec. (l)(1). Pub. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman” in provisions preceding subpar. (A).
Subsec. (l)(1)(D). Pub. L. 99–194, § 105(5), inserted “and local arts agencies” after “local arts groups”, designated existing provisions as cl. (i), and added cls. (ii) to (v).
Subsec. (l)(3). Pub. L. 99–194, § 105(6), substituted “Chairperson” for “Chairman”.
Subsec. (m). Pub. L. 99–194, § 105(8), added subsec. (m).
1980—Subsec. (c). Pub. L. 96–496, §§ 102(a), 109(a), inserted “or loans” in provisions preceding cl. (1) and “and cultural diversity” in cl. (1), redesignated cl. (5) as (6), added cl. (5), substituted “Committee on Labor and Human Resources” for “Committee on Labor and Public Welfare” in provisions following cl. (6), and provided that any loans made by the Chairman under subsec. (c) were to be made in accordance with terms and conditions approved by the Secretary of the Treasury.
Subsec. (g)(2)(A). Pub. L. 96–496, § 102(b)(1), struck out provision that the Recreation Board, or any successor designated for purposes of this subchapter by the Commissioner of the District of Columbia, was to be considered the “State agency” within the District of Columbia.
Subsec. (g)(4)(A). Pub. L. 96–496, § 109(b), substituted “such projects” for “such project”.
Subsec. (g)(4)(E). Pub. L. 96–496, § 102(b)(2), added subpar. (E).
Subsec. (k). Pub. L. 96–496, § 102(c), authorized the Chairman to enter into interagency agreements to promote or assist the arts-related activities of other Federal agencies, on a reimbursable or nonreimbursable basis, and to use funds authorized to be appropriated for the purposes of subsec. (c) of this section for the costs of such activities.
Subsec. (l). Pub. L. 96–496, § 102(d), inserted “, on a national, State, or local level,” and “strengthening quality by” in provisions of par. (1) preceding subpar. (A), redesignated subpars. (D) and (E) as (E) and (F), respectively, and added subpar. (D).
Subsec. (m). Pub. L. 96–496, § 102(e), struck out subsec. (m) which related to grants or contracts to State arts agencies for photography and film projects.
1976—Subsec. (c). Pub. L. 94–462, § 101, struck out in provisions preceding par. (1) “in the United States” after “provide or support”.
Subsec. (g)(4)(A). Pub. L. 94–462, § 102, inserted provision that amount of each allotment to a State for any fiscal year shall be available to each State which has a plan approved by the Chairman to pay not more than 50 percent of total cost of any project or production described in subsec. (g)(1).
Subsec. (l). Pub. L. 94–462, § 301(a), added subsec. (l).
Subsec. (m). Pub. L. 94–462, § 401(a), added subsec. (m).
1973—Subsec. (c). Pub. L. 93–133, § 3, in opening paragraph, struck out reference to Federal Council on the Arts and Humanities, in cl. (1), substituted “projects and productions” for “production”, in cl. (2), substituted “projects and productions” and “for geographic or economic reasons” for “production” and “in many areas of the country” respectively, in cl. (3), substituted “projects and productions” for “projects”, in cl. (5), substituted “, planning, and publications relating to the purposes of this subsection” for “and planning in the arts”, and added paragraph following cl. (5).
Subsec. (g)(1). Pub. L. 93–133, § 2(a)(4)(A), struck out reference to Federal Council on the Arts and Humanities.
Subsec. (g)(2). Pub. L. 93–133, § 2(a)(4)(B), (C), in provisions preceding cl. (A), substituted “assistance under this subsection” and “at such time as shall be specified by the Chairman” for “such assistance” and “prior to the first day of such fiscal year” respectively, and in cl. (B), struck out exception that in the first fiscal year in which the state was allotted funds after Sept. 29, 1965, the plan may provide that amount not exceeding $25,000 will be expended to conduct a study to plan the development and the establishment of a State agency.
Subsec. (g)(3). Pub. L. 93–133, § 2(a)(4)(D), added par. (3) and struck out former par. (3) which read as follows: “From the sums appropriated to carry out the purposes of this subsection for any fiscal year, not less than $65,000 shall be allotted to each State. That part of such sums as may remain after such allotment shall be allotted among the States in equal amounts, except that for the purposes of this sentence the term ‘State’ shall not include Guam and American Samoa. If the sums appropriated for any fiscal year to carry out the purposes of this subsection are insufficient to satisfy allotments under the first sentence of this paragraph, such sums shall be allotted among the States in equal amounts.”
Subsec. (g)(4). Pub. L. 93–133, § 2(a)(4)(D), added par. (4) and struck out former par. (4) which read as follows: “The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State, which has a plan approved by the Chairman in effect on the first day of such fiscal year, to pay not more than 50 per centum of the total cost of any project or production described in paragraph (1), and to pay up to 100 per centum of the cost of conducting a study and establishing a State agency under paragraph (2)(B) of this subsection.”
Subsec. (g)(5). Pub. L. 93–133, § 2(a)(4)(E), substituted “All amounts allotted or made available” for “All amounts allotted”.
1970—Subsec. (b). Pub. L. 91–346, § 5(a)(1), designated existing provisions as cl. (1), and, in cl. (1) as so designated, provided for appointment of the Chairman of the National Endowment for the Arts by the President with the advice and consent of the Senate, and added cl. (2).
Subsec. (c)(3). Pub. L. 91–346, § 4, expanded grants-in-aid program to enable talented groups or individuals to achieve wider distribution of their works and to work in residence at an educational or cultural institution.
Subsecs. (d) to (l). Pub. L. 91–346, § 5(a)(2), struck out subsec. (d) which provided for the individual appointed as Chairman of the National Council on the Arts to also serve as the Chairman of the National Endowment for the Arts, and redesignated subsecs. (e) to (l), and all references thereto, as subsecs. (d) to (k), respectively.
Subsec. (g)(2)(A). Pub. L. 91–346, § 6, permitted the Commissioner of the District of Columbia to designate a successor to the Recreation Board for the purpose of this chapter.
Subsec. (g)(3). Pub. L. 91–346, § 7, provided minimum of $65,000 allotment to each State from sums appropriated for this subsec., authorized remaining funds to be equally allotted among the States, excluded Guam and American Samoa from term “State”, and provided for equal allotments to States if the sums appropriated are insufficient to satisfy the minimum allotment.
1968—Subsec. (c). Pub. L. 90–348, § 2(a), authorized contracts with groups, or in appropriate cases, individuals engaged in the arts, for the purpose of enabling them to provide or support programs and productions in the arts.
Subsec. (f). Pub. L. 90–348, § 2(a), provided that contracts as well as grants made by the National Endowment for the Arts be subject to the amount limitation, and eliminated the provision requiring that groups seeking funds from the National Endowment for the Arts submit evidence to the Endowment that it had attempted unsuccessfully to secure an amount of funds equal to the grant applied for by such group, together with a statement of the proportion which any funds it had secured represent the funds applied for by such group.
Subsec. (h)(3). Pub. L. 90–348, § 3, substituted “Funds appropriated to carry out the purpose of this subsection” for “The funds appropriated pursuant to section 960(c) of this title”.
Subsec. (h)(5). Pub. L. 90–348, § 3, struck out provision that amounts available to the National Endowment for the Arts at the end of the fiscal year shall be limited to the excess of the value of gifts, bequests, and devises received by the Endowment over the amounts appropriated to the Endowment, the appropriated amounts to be equal to the amounts received by the Endowment in the form of donations, bequests, and devises, but not to exceed $2,250,000.
Subsecs. (j), (k). Pub. L. 90–348, § 2(b), inserted “of exceptional talent” after “the group or individual”.
1967—Subsec. (d). Pub. L. 90–83 struck out provisions setting the compensation for the Chairman of the National Council on the Arts and the National Endowment for the Arts.

Statutory Notes and Related Subsidiaries

Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as a note under section 951 of this title.

Applicability of 1985 AmendmentPub. L. 99–194, title I, § 112, Dec. 20, 1985, 99 Stat. 1344, provided that: “The amendments made by sections 105(3) and 107(3) [amending this section and section 956 of this title] shall not apply with respect to plans submitted for financial assistance to be provided with funds appropriated for fiscal year 1986.”

Effective Date of 1973 AmendmentAmendment by Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out as a note under section 951 of this title.

Effective Date of 1970 AmendmentAmendment by section 5(a)(1), (2) of Pub. L. 91–346 effective after June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91–346, set out as a note under section 955 of this title.

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (q) of this section relating to quadrennially submitting the state of the arts report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 183 of House Document No. 103–7.

GAO Study Regarding Federal, State, and Local Funding of the ArtsPub. L. 101–512, title III, § 318 [title I, § 111], Nov. 5, 1990, 104 Stat. 1960, 1974, required the Comptroller General of the United States to conduct a study to evaluate the roles and responsibilities of the National Endowment for the Arts, the States (including State agencies), and local arts agencies, in providing financial assistance under this section, the relative effectiveness of the Endowment, and the existing capacity of the States to receive and manage increased allocations, and to submit to Congress by Oct. 1, 1992, a report summarizing the results of the study.

Temporary Independent Commission To Review Grant Making Procedures and Consider Standards for Publicly Funded ArtPub. L. 101–121, title III, § 304(a)–(c), Oct. 23, 1989, 103 Stat. 741, 742, prohibited use of funds for National Endowment for the Arts or National Endowment for the Humanities to promote, disseminate, or produce materials which in judgment of National Endowment for the Arts or National Endowment for the Humanities may be considered obscene; stated the sense of Congress concerning present procedures employed for awarding National Endowment for the Arts grants; and established Independent Commission, to expire Sept. 30, 1990, for purpose of reviewing National Endowment for the Arts grant making procedures, and considering whether standard for publicly funded art should be different than standard for privately funded art.

§ 954a. Access to the arts through support of education(a) PurposesThe purposes of this section are—(1) to increase accessibility to the arts through providing education to all Americans, including diverse cultures, urban and rural populations by encouraging and developing quality education in the arts at all levels, in conjunction with programs of nonformal education for all age groups, with formal systems of elementary, secondary, and postsecondary education;

(2) to develop and stimulate research to teach quality education in the arts; and

(3) to encourage and facilitate the work of artists, arts institutions, and Federal, State, regional, and local agencies in the area of education in the arts.

(b) Program of contracts or grantsThe Chairperson of the National Endowment for the Arts,11 So in original. The comma probably should not appear. is authorized to establish and carry out a program of contracts with, or grants to, any State or other public agency, individual, artist, any nonprofit society, performing and nonperforming arts and educational institution or organization, association, or museum in the United States, in order to foster and encourage exceptional talent, public knowledge, understanding, and appreciation of the arts, and to support the education, training, and development of this Nation’s artists, through such activities as projects that will—(1) promote and improve the availability of arts instruction for American youth and life-long learning in the arts;

(2) enhance the quality of arts instruction in programs of teacher education;

(3) develop arts faculty resources and talents;

(4) support and encourage the development of improved curriculum materials in the arts;

(5) improve evaluation and assessment of education in the arts programs and instruction;

(6) foster cooperative programs with the Department of Education and encourage partnerships between arts and education agencies at State and local levels, arts organizations, business colleges and universities;

(7) support apprenticeships, internships, and other career oriented work-study experiences for artists and arts teachers, and encourage residencies of artists at all educational levels;

(8) support the use of technology and improved facilities and resources in education in the arts programs at all levels; and

(9) foster the development of demonstration projects, demonstration productions, demonstration workshops, and demonstration programs in arts education and collect, and make available to the public, information on their implementation and effectiveness.

(c) Advisory council on arts educationIn order to provide advice and counsel concerning arts education, the Chairperson shall appoint an advisory council on arts education.

(Pub. L. 89–209, § 5A, as added Pub. L. 101–512, title III, § 318 [title I, § 105], Nov. 5, 1990, 104 Stat. 1960, 1967.)

Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as an Effective Date of 1990 Amendment note under section 951 of this title.

§ 955. National Council on the Arts(a) Inclusion within the National Endowment for the ArtsThere shall be, within the National Endowment for the Arts, a National Council on the Arts (hereinafter in this section referred to as the “Council”).

(b) Appointment and composition of Council(1) The Council shall be composed of members as follows:(A) The Chairperson of the National Endowment for the Arts, who shall be the chairperson of the Council.

(B) Members of Congress appointed for a 2-year term beginning on January 1 of each odd-numbered year as follows:(i) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives.

(ii) One Member of the House of Representatives appointed by the Minority Leader of the House of Representatives.

(iii) Two Senator 11 So in original. Probably should be “Senators”. appointed by the Majority Leader of the Senate.

(iv) One Senator appointed by the Minority Leader of the Senate.

Members of the Council appointed under this subparagraph shall serve ex officio and shall be nonvoting members of the Council.

(C) 18 members appointed by the President, by and with the advice and consent of the Senate, who shall be selected—(i) from among private citizens of the United States who—(I) are widely recognized for their broad knowledge of, or expertise in, or for their profound interest in the arts; and

(II) have established records of distinguished service, or achieved eminence, in the arts;

(ii) so as to include practicing artists, civic cultural leaders, members of the museum profession, and others who are professionally engaged in the arts; and

(iii) so as collectively to provide an appropriate distribution of membership among major art fields and interested citizens groups.

In making such appointments, the President shall give due regard to equitable representation of women, minorities, and individuals with disabilities who are involved in the arts and shall make such appointments so as to represent equitably all geographical areas in the United States.

(2) Transition to the new council composition.—(A) Notwithstanding subsection (b)(1)(B), members first appointed pursuant to such subsection shall be appointed not later than December 31, 1997. Notwithstanding such subsection, such members shall be appointed to serve until December 31, 1998.

(B) Members of the Council serving on the effective date of this subsection may continue to serve on the Council until their current terms expire and new members shall not be appointed under subsection (b)(1)(C) until the number of Presidentially appointed members is less than 14.

(c) Terms of office; vacanciesEach member appointed under subsection (b)(1)(C) shall hold office for a term of six years, and the terms of office shall be staggered. The terms of office of all Council members appointed under subsection (b)(1)(C) shall expire on the third day of September in the year of expiration. No member appointed under subsection (b)(1)(C) shall be eligible for reappointment during the two-year period following the expiration of such member’s term. Any member appointed under subsection (b)(1)(C) appointed 22 So in original. to fill a vacancy shall serve for the remainder of the term for which such member’s predecessor was appointed. Notwithstanding any other provision of this subsection, a member appointed under subsection (b)(1)(C) shall serve after the expiration of such member’s term until such member’s successor takes office.

(d) Meetings of Council; quorum; written records(1) The Council shall meet at the call of the Chairperson but not less often than twice during each calendar year. Ten members of the Council shall constitute a quorum. All policy meetings of the Council shall be open to the public.

(2) The Council shall—(A) create written records summarizing—(i) all meetings and discussions of the Council; and

(ii) the recommendations made by the Council to the Chairperson; and

(B) make such records available to the public in a manner that protects the privacy of individual applicants, panel members, and Council members.

(e) Compensation of membersMembers shall receive compensation at a rate to be fixed by the Chairperson but not to exceed the per diem equivalent of the rate authorized for grade GS–18 by section 5332 of title 5 and be allowed travel expenses including per diem in lieu of subsistence, as authorized by law (section 5703 of title 5) for persons in the Government service employed intermittently.

(f) Advisory functions; policies, programs, and procedures; recommendations; authority of Chairperson; action by Chairperson pursuant to delegation of authorityThe Council shall advise the Chairperson with respect to policies, programs, and procedures for carrying out the Chairperson’s functions, duties, or responsibilities under this subchapter, and review applications for financial assistance under this subchapter and make recommendations to the Chairperson with respect to the approval of each application and the amount of financial assistance (if any) to provide to each applicant. The Council shall make recommendations to the Chairperson concerning—(1) whether to approve particular applications for financial assistance under subsections (c) and (p) of section 954 of this title that are determined by panels under section 959(c) of this title to have artistic excellence and artistic merit; and

(2) the amount of financial assistance the Chairperson should provide with respect to each such application the Council recommends for approval.

The Chairperson shall not approve or disapprove any such application until the Chairperson has received the recommendation of the Council on such application. The Chairperson shall have final authority to approve each application, except that the Chairperson may only provide to an applicant the amount of financial assistance recommended by the Council and may not approve an application with respect to which the Council makes a negative recommendation. In the case of an application involving $30,000, or less, the Chairperson may approve or disapprove such request if such action is taken pursuant to the terms of an expressed and direct delegation of authority from the Council to the Chairperson, and provided that each such action by the Chairperson shall be reviewed by the Council, and that such action shall be used with discretion and shall not become a normal practice of providing assistance under such subsections, except that the terms of any such delegation of authority shall not permit obligations for expenditure of funds under such delegation for any fiscal year which exceed an amount equal to 10 per centum of the sums appropriated for that fiscal year pursuant to subparagraph (A) of paragraph (1) of section 960(a) of this title.

(Pub. L. 89–209, § 6, Sept. 29, 1965, 79 Stat. 849; Pub. L. 90–348, § 4, June 18, 1968, 82 Stat. 185; Pub. L. 91–346, § 5(b), July 20, 1970, 84 Stat. 444; Pub. L. 93–133, § 2(a)(5), Oct. 19, 1973, 87 Stat. 463; Pub. L. 94–462, title I, § 103(a), Oct. 8, 1976, 90 Stat. 1971; Pub. L. 96–496, title I, § 103, Dec. 4, 1980, 94 Stat. 2584; renumbered title I, § 6, and amended Pub. L. 98–306, §§ 2, 5(a), May 31, 1984, 98 Stat. 223, 224; renumbered § 6 and amended Pub. L. 99–194, title I, §§ 101(1), 106, Dec. 20, 1985, 99 Stat. 1332, 1335; Pub. L. 101–512, title III, § 318 [title I, § 106], Nov. 5, 1990, 104 Stat. 1960, 1968; Pub. L. 105–83, title III, § 346(e), (f), Nov. 14, 1997, 111 Stat. 1605, 1606; Pub. L. 105–119, title VI, § 624, Nov. 26, 1997, 111 Stat. 2522; Pub. L. 105–277, div. A, § 101(e) [title III, § 330], Oct. 21, 1998, 112 Stat. 2681–231, 2681–293; Pub. L. 111–88, div. A, title IV, § 417, Oct. 30, 2009, 123 Stat. 2959.)

Editorial Notes

References in TextThe effective date of this subsection, referred to in subsec. (b)(2)(B), probably means Nov. 14, 1997, the date of enactment of Pub. L. 105–83 which amended subsec. (b) of this section generally.

Amendments2009—Subsec. (b)(1)(C). Pub. L. 111–88, § 417(1), substituted “18” for “14” in introductory provisions.
Subsec. (d)(1). Pub. L. 111–88, § 417(2), substituted “Ten” for “Eight” in second sentence.
1998—Subsec. (b)(1)(B)(iii). Pub. L. 105–277 substituted “Two” for “One”.
1997—Subsec. (b). Pub. L. 105–83, § 346(e), inserted heading and amended text of subsec. (b) generally. Prior to amendment, text read as follows: “The Council shall be composed of the Chairperson of the National Endowment for the Arts, who shall be Chairperson of the Council, and twenty-six other members appointed by the President, by and with the advice and consent of the Senate, who shall be selected—
“(1) from among private citizens of the United States who (A) are widely recognized for their broad knowledge of, or expertise in, or for their profound interest in, the arts and (B) have established records of distinguished service, or achieved eminence, in the arts;
“(2) so as to include practicing artists, civic cultural leaders, members of the museum profession, and others who are professionally engaged in the arts; and
“(3) so as collectively to provide an appropriate distribution of membership among the major art fields.
The President is requested, in the making of such appointments, to give consideration to such recommendations as may, from time to time, be submitted to the President by leading national organizations in these fields. In making such appointments, the President shall give due regard to equitable representation of women, minorities, and individuals with disabilities who are involved in the arts. Members of the Council shall be appointed so as to represent equitably all geographical areas in the United States.”
Subsec. (c). Pub. L. 105–83, § 346(f), inserted “appointed under subsection (b)(1)(C)” after “member” wherever appearing and after “all Council members” in second sentence.
Subsec. (d)(1). Pub. L. 105–119, which directed the substitution of “eight” for “fourteen”, was executed by substituting “Eight” for “Fourteen” to reflect the probable intent of Congress.
1990—Subsec. (b). Pub. L. 101–512, § 318 [title I, § 106(a)], inserted at end “Members of the Council shall be appointed so as to represent equitably all geographical areas in the United States.”
Subsec. (d). Pub. L. 101–512, § 318 [title I, § 106(b)], designated existing text as par. (1), inserted at end “All policy meetings of the Council shall be open to the public.”, and added par. (2).
Subsec. (f). Pub. L. 101–512, § 318 [title I, § 106(c)], struck out “(1)” and “(2)” before “advise the Chairperson” and “review applications for”, respectively, struck out “thereon” before “to the Chairperson”, inserted before period at end of first sentence “with respect to the approval of each application and the amount of financial assistance (if any) to provide to each applicant”, struck out “, unless the Council fails to make a recommendation thereon within a reasonable time” after “on such application”, substituted “an expressed and direct delegation” for “a delegation” and “, and that such action shall be used with discretion and shall not become a normal practice of providing assistance under such subsections, except that” for “; Provided, That”, inserted “The Chairperson shall have final authority to approve each application, except that the Chairperson may only provide to an applicant the amount of financial assistance recommended by the Council and may not approve an application with respect to which the Council makes a negative recommendation.”, and inserted “The Council shall make recommendations to the Chairperson concerning—” and added pars. (1) and (2) immediately thereafter.
1985—Subsec. (b). Pub. L. 99–194, § 106(1), substituted “Chairperson” for “Chairman” in two places in provisions preceding par. (1), in par. (1) designated existing provisions following “who” as cl. (A) and added cl. (B), and in provisions following par. (3) substituted “the President” for “him” and inserted “In making such appointments, the President shall give due regard to equitable representation of women, minorities, and individuals with disabilities who are involved in the arts.”
Subsec. (c). Pub. L. 99–194, § 106(2), substituted “such member’s” for “his” wherever appearing.
Subsecs. (d), (e). Pub. L. 99–194, § 106(3), (4), substituted “Chairperson” for “Chairman”.
Subsec. (f). Pub. L. 99–194, § 106(5), substituted “Chairperson” for “Chairman” wherever appearing, “the Chairperson’s” for “his”, “until the Chairperson has received” for “until he has received”, and “$30,000” for “$17,500”.
1984—Subsec. (c). Pub. L. 98–306, § 5(a), inserted “Notwithstanding any other provision of this subsection, a member shall serve after the expiration of his term until his successor takes office.”
1980—Subsec. (c). Pub. L. 96–496 provided that the terms of office of all Council members were to expire on the third day of September in the year of expiration.
1976—Subsec. (b). Pub. L. 94–462 inserted “, by and with the advice and consent of the Senate,” after “by the President”.
1973—Subsec. (f). Pub. L. 93–133 substituted “$17,500” for “$10,000” and inserted proviso that the terms of delegation of authority shall not permit obligations for expenditure of funds under such delegation for any fiscal year which exceed an amount equal to 10 per centum of the sums appropriated for that fiscal year.
1970—Pub. L. 91–346 generally incorporated into this section the substantive provisions of the National Arts and Cultural Development Act of 1964 except for the independent study authority of the National Council on the Arts under the 1964 Act, provided for the appointment and composition of the Council, prescribed the terms of office for members of the Council, provided that the Council meet at the call of the Chairman at least twice a year, established 14 as the number of members constituting a quorum, set forth provisions governing compensation of persons employed for the Government service on an intermittent basis, and set forth functions and duties of the council essentially similar to the function and duties of the Council as set out in this section prior to this amendment.
1968—Subsec. (b). Pub. L. 90–348 inserted provision which authorized the Chairman, in the case of any application involving $10,000 or less, to approve or disapprove the application if such action is pursuant to the terms of a delegation of authority from the Endowment Council and such action is reviewed by the Endowment Council.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as a note under section 951 of this title.

Effective Date of 1973 AmendmentAmendment by Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out as a note under section 951 of this title.

Effective Date of 1970 AmendmentPub. L. 91–346, § 5(d)(3)(A), July 20, 1970, 84 Stat. 445, provided that: “The amendments made by subsections (a) and (b) [amending this section and sections 954, 959, and 960 of this title] shall be effective after June 30, 1970.”

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Continuation of Council as Established Under the National Arts and Cultural Development Act of 1964Pub. L. 91–346, § 5(d)(1), July 20, 1970, 84 Stat. 445, provided that: “The National Council on the Arts established under section 6 of the National Foundation on the Arts and the Humanities Act of 1965 [this section], as amended by subsection (b), shall, for any purpose determined to be necessary by the Chairman of the National Endowment for the Arts, be deemed to be a continuation of the National Council on the Arts established under the National Arts and Cultural Development Act of 1964, Public Law 88–579 [former section 781 et seq. of this title], without interruption.”

Appointees to Council Under National Arts and Cultural Development Act of 1964 Deemed Appointed Under 1965 ActPub. L. 91–346, § 5(d)(2), July 20, 1970, 84 Stat. 445, provided that: “Members appointed to the National Council on the Arts pursuant to section 5 of the National Arts and Cultural Development Act of 1964 [section 784 of this title] shall be deemed to have been appointed as members of the National Council on the Arts established under section 6 of the National Foundation on the Arts and the Humanities Act of 1965 [this section], with such terms of office as may be remaining under the prior appointment on the effective date of the amendments made by subsection (b) [July 1, 1970].”

§ 955a. Omitted
Editorial Notes
Codification
Section, Pub. L. 98–146, title II, Nov. 4, 1983, 97 Stat. 949, which provided that persons serving on National Council on the Arts continue until their successors are qualified for office, was omitted as superseded. See section 955(c) of this title as amended by Pub. L. 98–306. Similar provisions were contained in Pub. L. 97–394, title II, Dec. 30, 1982, 96 Stat. 1994.

§ 955b. National Medal of Arts(a) EstablishmentThere is hereby established a National Medal of Arts, which shall be a medal of such design as is deemed appropriate by the President, on the basis of recommendations submitted by the National Council on the Arts, and which shall be awarded as provided in subsection (b).

(b) Award of Medal; conditions; recipients; presentation ceremonies(1) The President shall from time to time award the National Medal of Arts, on the basis of recommendations from the National Council on the Arts, to individuals or groups who in the President’s judgment are deserving of special recognition by reason of their outstanding contributions to the excellence, growth, support, and availability of the arts in the United States.

(2) Not more than twelve of such medals may be awarded in any calendar year.

(3) An individual may be awarded the National Medal of Arts only if at the time such award is made such individual—(A) is a citizen or other national of the United States; or

(B) is an alien lawfully admitted to the United States for permanent residence who (i) has filed an application or petition for naturalization in the manner prescribed by section 1445 of title 8 and (ii) is not permanently ineligible to become a citizen of the United States.

(4) A group may be awarded the National Medal of Arts only if such group is organized or incorporated in the United States.

(5) The presentation of the National Medal of Arts shall be made by the President with such ceremonies as the President may deem proper, including attendance by appropriate Members of Congress.

(c) Availability of fundsFunds made available to the National Endowment for the Arts shall be used to carry out this section.

(Pub. L. 98–306, § 13, May 31, 1984, 98 Stat. 225.)

Editorial Notes
Codification
Section was enacted as part of the National Foundation on the Arts and the Humanities Act Amendments of 1983, and not as part of the National Foundation on the Arts and the Humanities Act of 1965 which comprises this subchapter.

§ 956. National Endowment for the Humanities(a) EstablishmentThere is established within the Foundation the National Endowment for the Humanities.

(b) Chairperson of the Endowment; appointment, term, reappointment; vacancy; expiration of term(1) The Endowment shall be headed by a chairperson, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) The term of office of the Chairperson shall be four years, and the Chairperson shall be eligible for reappointment. The provisions of this paragraph shall apply to any person appointed to fill a vacancy in the office of the Chairperson. Upon expiration of the Chairperson’s term of office the Chairperson shall serve until the Chairperson’s successor shall have been appointed and shall have qualified.

(c) Functions of the Endowment; publications; traditionally underrepresented recipients of financial assistanceThe Chairperson, with the advice of the National Council on the Humanities (hereinafter established), is authorized to enter into arrangements, including contracts, grants, loans, and other forms of assistance, to—(1) develop and encourage the pursuit of a national policy for the promotion of progress and scholarship in the humanities;

(2) initiate and support research and programs to strengthen the research and teaching potential of the United States in the humanities by making arrangements with individuals or groups to support such activities; any loans made by the Endowment shall be made in accordance with terms and conditions approved by the Secretary of the Treasury;

(3) initiate and support training and workshops in the humanities by making arrangements with institutions or individuals (fellowships awarded to individuals under this authority may be for the purpose of study or research at appropriate nonprofit institutions selected by the recipient of such aid, for stated periods of time);

(4) initiate and support programs and research which have substantial scholarly and cultural significance and that reach, or reflect the diversity and richness of our American cultural heritage, including the culture of, a minority, inner city, rural, or tribal community;

(5) foster international programs and exchanges;

(6) foster the interchange of information in the humanities;

(7) foster, with groups, education in, and public understanding and appreciation of the humanities;

(8) support the publication of scholarly works in the humanities;

(9) insure that the benefit of its programs will also be available to our citizens where such programs would otherwise be unavailable due to geographic or economic reasons; and

(10) foster programs and projects that provide access to, and preserve materials important to research, education, and public understanding of, the humanities.

In the case of publications under clause (8) of this subsection such publications may be supported without regard for the provisions of section 501 of title 44 only if the Chairperson consults with the Joint Committee on Printing of the Congress and the Chairperson submits to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives a report justifying any exemption from such section 501. In selecting individuals and groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to scholars, and educational and cultural institutions, that have traditionally been underrepresented.

(d) Coordination and development of Endowment programs with other Federal and non-Federal programsThe Chairperson shall coordinate the programs of the National Endowment for the Humanities, insofar as practicable, with existing Federal programs, designated State humanities agencies and with those undertaken by other public agencies or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this subchapter which can be made by other Federal agencies under existing programs.

(e) Limitation on amount of grant for workshop activities for which an admission or other charge is made to the general publicThe total amount of any grant under subsection (c)(3) to any group engaging in workshop activities for which an admission or other charge is made to the general public shall not exceed 30 per centum of the total cost of such activities.

(f) Grants-in-aid programs; designation of State administrative agency; matching funds; applications and plans; allotments; cost limitations; grants to regional groups; non-Federal funding; definitions; suspension of grants; single entity limitation(1) The Chairperson, with the advice of the National Council on the Humanities, is authorized, in accordance with the provisions of this subsection, to establish and carry out a program of grants-in-aid in each of the several States in order to support not more than 50 per centum of the cost of existing activities which meet the standards enumerated in subsection (c) of this section, and in order to develop a program in the humanities in such a manner as will furnish adequate programs in the humanities in each of the several States.

(2)(A) Whenever a State desires to designate or to provide for the establishment of a State agency as the sole agency for the administration of the State plan, such State shall designate the humanities council in existence on the date the State agency is established as the State agency, and shall match from State funds a sum equal to 50 per centum of that portion of Federal financial assistance received by such State under this subsection which is described in the first sentence of paragraph (4) relating to the minimum State grant, or 25 per centum of the total amount of Federal financial assistance received by such State under this subsection, whichever is greater, for the fiscal year involved. In any State in which the State selects the option described in this subparagraph, the State shall submit, before the beginning of each fiscal year, an application for grants and accompany such application with a plan which the Chairperson finds—(i) designates or provides for the establishment of a State agency (hereinafter in this section referred to as the “State agency”) as the sole agency for the administration of the State plan;

(ii) provides that the chief executive officer of the State will appoint new members to the State humanities council designated under the provisions of this subparagraph, as vacancies occur as a result of the expiration of the terms of members of such council, until the chief executive officer has appointed all of the members of such council;

(iii) provides, from State funds, an amount equal to 50 per centum of that portion of Federal financial assistance received by such State under this subsection which is described in the first sentence of paragraph (4) relating to the minimum State grant, or 25 per centum of the total amount of Federal financial assistance received by such State under this subsection, whichever is greater, for the fiscal year involved;

(iv) provides that funds paid to the State under this subsection will be expended solely on programs approved by the State agency which carry out the objectives of subsection (c) and which are designed to bring the humanities to the public;

(v) provides assurances that State funds will be newly appropriated for the purpose of meeting the requirements of this subparagraph;

(vi) provides that the State agency will make such reports, in such form and containing such information, as the Chairperson may require, including a description of the progress made toward achieving the goals of the State plan;

(vii) provides—(I) assurances that the State agency has held, after reasonable notice, public meetings in the State to allow scholars, interested organizations, and the public to present views and make recommendations regarding the State plan; and

(II) a summary of such recommendations and of the response of the State agency to such recommendations; and

(viii) contains—(I) a description of the level of participation during the most recent preceding year for which information is available by scholars and scholarly organizations in programs receiving financial assistance under this subsection;

(II) for the most recent preceding year for which information is available, a description of the extent to which the programs receiving financial assistance under this subsection are available to all people and communities in the State; and

(III) a description of programs receiving financial assistance under this subsection that exist or are being developed to secure wider participation of scholars and scholarly organizations identified under subclause (I) of this clause or that address the availability of the humanities to all people or communities identified under subclause (II) of this clause.

No application may be approved unless the accompanying plan satisfies the requirements specified in this subsection.

(B) In any State in which the chief executive officer of the State fails to submit an application under subparagraph (A), the grant recipient in such State shall—(i) establish a procedure which assures that six members of the governing body of such grant recipient shall be appointed by an appropriate officer or agency of such State, except that in no event may the number of such members exceed 25 per centum of the total membership of such governing body; and

(ii) provide, from any source, an amount equal to the amount of Federal financial assistance received by such grant recipient under this subsection for the fiscal year involved.

(3) Whenever a State selects to receive Federal financial assistance under this subsection for any fiscal year under paragraph (2)(B), any appropriate entity desiring to receive such assistance shall submit an application for such assistance at such time as shall be specified by the Chairperson. Each such application shall be accompanied by a plan which the Chairperson finds—(A) provides assurances that the grant recipient will comply with the requirements of paragraph (2)(B);

(B) provides that funds paid to the grant recipient will be expended solely on programs which carry out the objectives of subsection (c);

(C) establishes a membership policy which is designed to assure broad public representation with respect to programs administered by such grant recipient;

(D) provides a nomination process which assures opportunities for nomination to membership from various groups within the State involved and from a variety of segments of the population of such State, and including individuals who by reason of their achievement, scholarship, or creativity in the humanities, are especially qualified to serve;

(E) provides for a membership rotation process which assures the regular rotation of the membership and officers of such grant recipient;

(F) establishes reporting procedures which are designed to inform the chief executive officer of the State involved, and other appropriate officers and agencies, of the activities of such grant recipient;

(G) establishes procedures to assure public access to information relating to such activities;

(H) provides that such grant recipient will make reports to the Chairperson, in such form, at such times, and containing such information, as the Chairperson may require, including a description of the progress made toward achieving the goals of the plan;

(I) provides—(i) assurances that the grant recipient has held, after reasonable notice, public meetings in the State to allow scholars, interested organizations, and the public to present views and make recommendations regarding the plan; and

(ii) a summary of such recommendations and of the response of the grant recipient to such recommendations; and

(J) contains—(i) a description of the level of participation during the most recent preceding year for which information is available by scholars and scholarly organizations in programs receiving financial assistance under this subsection;

(ii) for the most recent preceding year for which information is available, a description of the extent to which the programs receiving financial assistance under this subsection are available to all people and communities in the State; and

(iii) a description of programs receiving financial assistance under this subsection that exist or are being developed to secure wider participation of scholars and scholarly organizations identified under clause (i) of this subparagraph or that address the availability of the humanities to all people or communities identified under clause (ii) of this subparagraph.

No application may be approved unless the accompanying plan satisfies the requirements specified in this subsection.

(4) Of the sums available to carry out this subsection for any fiscal year, each State and each grant recipient which has a plan approved by the Chairperson shall be allotted at least $200,000. If the sums appropriated are insufficient to make the allotments under the preceding sentence in full, such sums shall be allotted among such States and grant recipients in equal amounts. In any case where the sums available to carry out this subsection for any fiscal year are in excess of the amount required to make the allotments under the first sentence of this paragraph—(A) 34 per centum of the amount of such excess for such fiscal year shall be available to the Chairperson for making grants under this subsection to States and regional groups and entities applying for such grants;

(B) 44 per centum of the amount of such excess for such fiscal year shall be allotted in equal amounts among the States and grant recipients which have plans approved by the Chairperson; and

(C) 22 per centum of the amount of such excess for such fiscal year shall be allotted among the States and grant recipients which have plans approved by the Chairperson in amounts which bear the same ratio to such excess as the population of the State for which the plan is approved (or, in the case of a grant recipient other than a State, the population of the State in which such grant recipient is located) bears to the population of all the States.

(5)(A) The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State or grant recipient, which has a plan or application approved by the Chairperson in effect on the first day of such fiscal year, to pay not more than 50 per centum of the total cost of any project or production described in paragraph (1). The amount of any allotment made under paragraph (4) for any fiscal year—(i) which exceeds $125,000, but

(ii) which does not exceed 20 per centum of such allotment,

shall be available, at the discretion of the Chairperson, to pay up to 100 per centum of the cost of programs under this subsection if such programs would otherwise be unavailable to the residents of that State.

(B) Any amount allotted to a State under the first sentence of paragraph (4) for any fiscal year which is not obligated by the State agency or grant recipient prior to sixty days prior to the end of the fiscal year for which such sums are appropriated shall be available to the Chairperson for making grants to regional groups.

(C) Funds made available under this subsection shall not be used to supplant non-Federal funds.

(D) For the purposes of this paragraph, the term “regional group” means any multistate group, whether or not representative of contiguous States.

(E) For purposes of paragraph (4)(B), the term “State” and the term “grant recipient” include, in addition to the several States of the Union, only those special jurisdictions specified in section 952(g) of this title which have a population of 200,000 or more, according to the latest decennial census.

(6) All amounts allotted or made available under paragraph (4) for a fiscal year which are not granted to any entity during such fiscal year shall be available to the National Endowment for the Humanities for the purpose of carrying out subsection (c).

(7) Whenever the Chairperson, after reasonable notice and opportunity for hearing, finds that—(A) a group or grant recipient is not complying substantially with the provisions of this subsection;

(B) a State agency or grant recipient is not complying substantially with terms and conditions of its State plan or grant recipient application approved under this subsection; or

(C) any funds granted to any group or State agency or grant recipient under this subsection have been diverted from the purposes for which they are allotted or paid,

the Chairperson shall immediately notify the Secretary of the Treasury and the group, State agency, or grant recipient with respect to which such finding was made that no further grants will be made under this subsection to such group, State agency, or grant recipient until there is no longer a default or failure to comply or the diversion has been corrected, or, if the compliance or correction is impossible, until such group, State agency, or grant recipient repays or arranges the repayment of the Federal funds which have been improperly diverted or expended.

(8) Except as provided in the third sentence of paragraph (4), and paragraphs (5) and (6), the Chairperson may not make grants under this subsection to more than one entity in any State.

(g) Payment of performers and supporting personnel; standards, regulations, and proceduresIt shall be a condition of the receipt of any grant under this section that the group, individual, or State agency or entity receiving such grant furnish adequate assurances to the Secretary of Labor that (1) all professional performers and related or supporting professional personnel employed on projects or productions which are financed in whole or in part under this section will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities; and (2) no part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. The Secretary of Labor shall prescribe standards, regulations, and procedures necessary to carry out this subsection.

(h) Program of contracts or grants-in-aid to public agencies and private nonprofit organizations; limitation on payments(1) The Chairperson of the National Endowment for the Humanities, with the advice of the National Council on the Humanities, is authorized, in accordance with the provisions of this subsection, to establish and carry out a program of contracts with, or grants-in-aid to, public agencies and private nonprofit organizations for the purpose of—(A) enabling cultural organizations and institutions to increase the levels of continuing support and to increase the range of contributors to the program of such organizations or institutions;

(B) providing administrative and management improvements for cultural organizations and institutions, particularly in the field of long-range financial planning;

(C) enabling cultural organizations and institutions to increase audience participation in, and appreciation of, programs sponsored by such organizations and institutions;

(D) stimulating greater cooperation among cultural organizations and institutions especially designed to serve better the communities in which such organizations or institutions are located;

(E) fostering greater citizen involvement in planning the cultural development of a community; and

(F) for bicentennial programs, assessing where our society and Government stand in relation to the founding principles of the Republic, primarily focused on projects which will bring together the public and private citizen sectors in an effort to find new processes for solving problems facing our Nation in its third century.

(2)(A) Except as provided in subparagraph (B) of this paragraph, the total amount of any payment made under this subsection for a program or project may not exceed 50 per centum of the cost of such program or project.

(B) The Chairperson, with the advice of the Council, may waive all or part of the requirement of matching funds provided in subparagraph (A) of this paragraph, but only for the purposes described in clause (F) of paragraph (1), whenever he determines that highly meritorious proposals for grants and contracts under such clause, could not otherwise be supported from non-Federal sources or from Federal sources other than funds authorized by section 960(a)(3) of this title, unless such matching requirement is waived. Such waiver may not exceed 15 per centum of the amount appropriated in any fiscal year and available to the National Endowment for the Humanities for the purpose of this subsection.

(3) In carrying out the program authorized by this subsection, the Chairperson of the National Endowment for the Humanities shall have the same authority as is established in subsection (c) and section 959 of this title.

(i) Interagency agreementsThe Chairperson may enter into interagency agreements to promote or assist with the humanities-related activities of other Federal agencies, on either a reimbursable or nonreimbursable basis, and may use funds authorized to be appropriated for the purposes of subsection (c) for the costs of such activities.

(j) Payment of wages at prevailing rates; authority of Secretary of LaborIt shall be a condition of the receipt of any grant under this section that the group or individual of exceptional talent or the State, State agency, or entity receiving such grant furnish adequate assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on construction projects assisted under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40.

(k) National information and data collection system on humanities, scholars, educational and cultural groups, and audiences; development and implementation plan; state of the humanities reportsThe Chairperson of the National Endowment for the Humanities shall, in ongoing consultation with State and local agencies, other relevant organizations, and relevant Federal agencies, continue to develop and implement a practical system of national information and data collection and public dissemination on the humanities, scholars, educational and cultural groups, and their audiences. Such system shall include cultural and financial trends in the various humanities fields, trends in audience participation, and trends in humanities education on national, regional, and State levels. Such system shall be used, along with a summary of the data submitted with plans under subsection (f), to prepare a report on the state of the humanities in the Nation. The state of the humanities report shall include a description of the availability of the Endowment’s programs to emerging and culturally diverse scholars, cultural and educational organizations, and communities and of the participation of such scholars, organizations, and communities in such programs. The state of the humanities report shall be submitted to the President and the Congress, and provided the States, not later than October 1, 1992, and quadrennially thereafter.

(l) Eligibility of group for financial assistanceAny group shall be eligible for financial assistance under this section only if—(1) no part of its net earnings inures to the benefit of any private stockholder or stockholders, or individual or individuals; and

(2) donations to such group are allowable as a charitable contribution under the standards of section 170(c) of title 26.

(m) Annual awardsThe Chairperson, with the advice of the National Council on the Humanities, is authorized to make the following annual awards:(1) The Jefferson Lecture in the Humanities Award to one individual for distinguished intellectual achievement in the humanities. The annual award shall not exceed $10,000.

(2) The Charles Frankel Prize to honor individuals who have made outstanding contributions to the public understanding of the humanities. Not more than 5 individuals may receive such prize each year. Each prize shall not exceed $5,000.

(Pub. L. 89–209, § 7, Sept. 29, 1965, 79 Stat. 850; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 91–346, § 8, July 20, 1970, 84 Stat. 445; Pub. L. 93–133, §§ 2(a)(6), 3, Oct. 19, 1973, 87 Stat. 464, 465; Pub. L. 94–462, title I, §§ 104(a), 105, title III, § 301(b), Oct. 8, 1976, 90 Stat. 1971, 1974, 1979; Pub. L. 96–496, title I, §§ 104, 109(c), Dec. 4, 1980, 94 Stat. 2584, 2591; renumbered title I, § 7, Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 7 and amended Pub. L. 99–194, title I, §§ 101(1), 107, Dec. 20, 1985, 99 Stat. 1332, 1335; Pub. L. 101–512, title III, § 318 [title I, § 107], Nov. 5, 1990, 104 Stat. 1960, 1969.)

Editorial Notes

References in TextReorganization Plan Numbered 14 of 1950, referred to in subsec. (j), is set out in the Appendix to Title 5, Government Organization and Employees.

Codification
In subsec. (j), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments1990—Subsec. (a). Pub. L. 101–512, § 318 [title I, § 107(a)], substituted “the” for “a” after “Foundation”.
Subsec. (c). Pub. L. 101–512, § 318 [title I, § 107(b)(1)], inserted “enter into arrangements, including contracts, grants, loans, and other forms of assistance, to” after “is authorized to”.
Subsec. (c)(2). Pub. L. 101–512, § 318 [title I, § 107(b)(2)], struck out “(including contracts, grants, loans, and other forms of assistance)” after “arrangements”.
Subsec. (c)(3). Pub. L. 101–512, § 318 [title I, § 107(b)(3)], substituted “initiate and support training and workshops in the humanities by making arrangements with institutions or individuals (fellowships” for “award fellowships and grants to institutions or individuals for training and workshops in the humanities. Fellowships”, and inserted closing parenthesis after “periods of time”.
Subsec. (c)(7). Pub. L. 101–512, § 318 [title I, § 107(b)(4)], struck out “through grants or other arrangements” after “foster,”.
Subsec. (c)(10). Pub. L. 101–512, § 318 [title I, § 107(b)(5)–(7)], added par. (10).
Subsec. (d). Pub. L. 101–512, § 318 [title I, § 107(c)], substituted “coordinate” for “correlate”.
Subsec. (f)(2)(A). Pub. L. 101–512, § 318 [title I, § 107(d)(1)], substituted “the date the State agency is established” for “December 20, 1985,”.
Subsec. (f)(2)(A)(viii)(I). Pub. L. 101–512, § 318 [title I, § 107(d)(2)(A)], substituted “most recent preceding year for which information is available” for “previous two years”.
Subsec. (f)(2)(A)(viii)(II). Pub. L. 101–512, § 318 [title I, § 107(d)(2)(B)], inserted “for the most recent preceding year for which information is available,”.
Subsec. (f)(3)(J)(i). Pub. L. 101–512, § 318 [title I, § 107(d)(3)(A)], substituted “most recent preceding year for which information is available” for “previous two years”.
Subsec. (f)(3)(J)(ii). Pub. L. 101–512, § 318 [title I, § 107(d)(3)(B)], inserted “for the most recent preceding year for which information is available,”.
Subsec. (g). Pub. L. 101–512, § 318 [title I, § 107(e)], struck out “not later than 180 days after December 20, 1985” before period at end.
Subsec. (h)(2)(B). Pub. L. 101–512, § 318 [title I, § 107(f)], substituted “Endowment for” for “Endowment on”.
Subsec. (k). Pub. L. 101–512, § 318 [title I, § 107(g)], inserted “ongoing” after “shall, in”, substituted “continue to develop and implement” for “develop”, inserted “and public dissemination” after “collection”, struck out “Not later than one year after December 20, 1985, the Chairperson shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a plan for the development and implementation of such system, including a recommendation regarding the need for any additional funds to be appropriated to develop and implement such system.” after “and State levels.”, and substituted “1992, and quadrennially” for “1988, and biennially”.
Subsecs. (l), (m). Pub. L. 101–512, § 318 [title I, § 107(h)], added subsecs. (l) and (m) and struck out former subsec. (l) which related to reports and plans required by regulation or directives and the transmittal of such reports and plans to the Equal Employment Opportunity Commission.
1985—Subsec. (b). Pub. L. 99–194, § 107(1), (5), substituted “chairperson” for “chairman” in par. (1), and in par. (2), substituted “Chairperson” for “Chairman” and “the Chairperson’s” for “his” wherever appearing.
Subsec. (c). Pub. L. 99–194, § 107(2), (5), substituted “Chairperson” for “Chairman” wherever appearing, substituted “workshops” for “workships” in cl. (3), added cls. (4) and (5) and redesignated existing cls. (4) to (7) as (6) to (9), respectively, substituted “clause (8)” for “clause (6)” in second sentence, and inserted at end “In selecting individuals and groups of exceptional talent as recipients of financial assistance to be provided under this subsection, the Chairperson shall give particular regard to scholars, and educational and cultural institutions, that have traditionally been underrepresented.”
Subsec. (d). Pub. L. 99–194, § 107(5), substituted “Chairperson” for “Chairman”.
Subsec. (f). Pub. L. 99–194, § 107(3), (5), substituted “Chairperson” for “Chairman” wherever appearing; in par. (2)(A) substituted “December 20, 1985” for “December 4, 1980”, inserted “officer” after “chief executive” wherever appearing in cl. (ii), struck out “and” at end of cl. (v), substituted “, including a description of the progress made toward achieving the goals of the State plan;” for the period at end of cl. (vi), and added cls. (vii) and (viii) and sentence providing that no application may be approved unless the accompanying plan satisfies the requirements specified in this subsection; in par. (2)(B)(i) substituted “six” and “25” for “four” and “20”, respectively; and in par. (3) struck out “and” at end of cl. (G), substituted “, including a description of the progress made toward achieving the goals of the plan;” for the period at end of cl. (H), and added cls. (I) and (J) and sentence providing that no application may be approved unless the accompanying plan satisfies the requirements specified in this subsection.
Subsec. (g). Pub. L. 99–194, § 107(4), substituted “The Secretary of Labor shall prescribe standards, regulations, and procedures necessary to carry out this subsection not later than 180 days after December 20, 1985” for “The Secretary of Labor shall have the authority to prescribe standards, regulations, and procedures as he may deem necessary or appropriate to carry out the provisions of this subsection”.
Subsecs. (h)(1), (2)(B), (3), (i). Pub. L. 99–194, § 107(5), substituted “Chairperson” for “Chairman” wherever appearing.
Subsecs. (j) to (l). Pub. L. 99–194, § 107(6), added subsecs. (j) to (l).
1980—Subsec. (c). Pub. L. 96–496, § 109(c), substituted “Committee on Labor and Human Resources” for “Committee on Labor and Public Welfare” in last sentence.
Subsec. (f)(2). Pub. L. 96–496, § 104(a)(1), substituted provisions relating to the designation of State humanities councils as State administrative agencies, requiring matching State funding and submission by States wishing to designate administrative State agencies of grant applications and accompanying administrative plans, and prescribing a grant recipient application procedure for provisions requiring entities desiring to receive financial assistance under this subsection to submit grant applications and accompanying administrative plans.
Subsec. (f)(3). Pub. L. 96–496, § 104(a)(2), substituted provisions requiring entities desiring to receive financial assistance under this subsection to submit grant applications and accompanying administrative plans for provisions relating to the appointment of grant recipient members.
Subsec. (f)(4). Pub. L. 96–496, § 104(a)(3), in provisions preceding subpar. (A), substituted “each State and each grant recipient” for “each grant recipient” and “such States and grant recipients” for “such grant recipients”, in subpar. (A), substituted “34 per centum of the amount of such excess for such” for “the amount of such excess which is no greater than 25 per centum of the sums available to carry out this subsection for any” and inserted “States and regional groups and”, in subpar. (B), substituted “44 per centum of the amount of such excess for such fiscal year” for “the amount of such excess, if any, which remains after reserving in full for the Chairman the amount required under subparagraph (A)” and “States and grant recipients” for “grant recipients” and struck out “but in no event shall any grant recipient be allotted less than $200,000” after “Chairman” and added subpar. (C).
Subsec. (f)(5)(A). Pub. L. 96–496, § 104(a)(4)(A), substituted “The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State or grant recipient, which has a plan or application approved by the Chairman in effect on the first day of such fiscal year, to pay not more than 50 per centum of the total cost of any project or production described in paragraph (1). The amount of any” for “Whenever the provisions of paragraph (3)(B) of this subsection apply in any State, that part of any”.
Subsec. (f)(5)(B). Pub. L. 96–496, § 104(a)(4)(B), inserted “State agency or”.
Subsec. (f)(5)(E). Pub. L. 96–496, § 104(a)(4)(C), added subpar. (E).
Subsec. (f)(7). Pub. L. 96–496, § 104(a)(5), inserted “group or” in subpar. (A), inserted “State agency or” and substituted “State plan or grant recipient application” for “plan” in subpar. (B), inserted “group or State agency or” in subpar. (C), and inserted “group, State agency, or” in three places in provisions following subpar. (C).
Subsec. (f)(8). Pub. L. 96–496, § 104(a)(6), substituted “the third sentence of paragraph (4), and paragraphs (5) and (6)” for “paragraphs (4), (5), and (6)”.
Subsec. (g). Pub. L. 96–496, § 104(b), substituted “State agency or” for “State”.
Subsec. (i). Pub. L. 96–496, § 104(c), added subsec. (i).
1976—Subsecs. (f), (g). Pub. L. 94–462, §§ 104(a), 105, added subsecs. (f) and (g).
Subsec. (h). Pub. L. 94–462, § 301(b), added subsec. (h).
1973—Subsec. (c). Pub. L. 93–133, § 2(a)(6), in provisions preceding cl. (1) struck out reference to the Federal Council on the Arts and the Humanities, in cl. (2) inserted proviso that loans made by the Endowment shall be made in accordance with terms and conditions approved by the Secretary of the Treasury, in cl. (6) struck out reference to section 111 of title 44, and added cl. (7) and provisions following cl. (7).
Subsec. (d). Pub. L. 93–133, § 3, required the Chairman to correlate the programs of the National Endowment for the Humanities with designated State humanities agencies.
1970—Subsec. (b)(2). Pub. L. 91–346, § 8(a), provided that upon expiration of his term of office the Chairman shall serve until his successor shall have been appointed and shall have qualified.
Subsec. (c)(2). Pub. L. 91–346, § 8(b), announced intention of the Endowment for the Humanities to strengthen teaching potential as well as research potential and authorized the Endowment to make contracts as well as grants etc., in its efforts to accomplish its goals.
Subsec. (c)(5). Pub. L. 91–346, § 8(c), announced intention to foster education in as well as public understanding and appreciation of the humanities.
1967—Subsec. (b)(1). Pub. L. 90–83 struck out provision setting the compensation of the Chairman at the level prescribed by law for the Director of the National Science Foundation.

Statutory Notes and Related Subsidiaries

Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as a note under section 951 of this title.

Applicability of 1985 AmendmentAmendment by section 107(3) of Pub. L. 99–194 not applicable with respect to plans submitted for financial assistance to be provided with funds appropriated for fiscal year 1986, see section 112 of Pub. L. 99–194, set out as a note under section 954 of this title.

Effective Date of 1976 AmendmentPub. L. 94–462, title I, § 104(b), Oct. 8, 1976, 90 Stat. 1974, provided that: “The amendment made by subsection (a) [amending this section] shall be effective with respect to fiscal year 1977 and succeeding fiscal years.”

Effective Date of 1973 AmendmentAmendment by section 2(a)(6) of Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out as a note under section 951 of this title.

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (k) of this section relating to quadrennially submitting the state of the humanities report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 183 of House Document No. 103–7.

§ 956a. National Capital arts and cultural affairs; grant programs
There is hereby authorized a program to support artistic and cultural programs in the Nation’s Capital to be established under the direction of the Commission of Fine Arts. Not to exceed $10,000,000 annually is authorized to provide grants for general operating support to eligible organizations located in the District of Columbia whose primary purpose is performing, exhibiting and/or presenting arts.
Eligibility for grants shall be limited to not-for-profit, non-academic institutions of demonstrated national repute and is further limited to organizations having annual income, exclusive of Federal funds, in excess of $1,000,000 for each of the three years prior to receipt of a grant. Each eligible organization must have its principal place of business in the District of Columbia and in a facility or facilities located in the District of Columbia.
The Chairman of the Commission of Fine Arts shall establish an application process and shall, along with the Chairman of the National Endowment for the Arts and the Chairman of the National Endowment for the Humanities determine the eligibility of applicant organizations.
Of the funds provided for grants, 70 per centum shall be equally distributed among all qualifying organizations and 30 per centum shall be distributed based on the size of an organization’s total annual income, exclusive of Federal funds, compared to the combined total of the annual income, exclusive of Federal funds, of all eligible institutions. No organization shall receive a grant in excess of $650,000 in a single year.
An application process shall be established no later than March 1, 1986, and initial grants shall be awarded no later than June 1, 1986.
(Pub. L. 99–190, § 101(d) [title II, § 201], Dec. 19, 1985, 99 Stat. 1224, 1261; Pub. L. 99–500, § 101(h) [title II, § 201], Oct. 18, 1986, 100 Stat. 1783–242, 1783–281, and Pub. L. 99–591, § 101(h) [title II, § 201], Oct. 30, 1986, 100 Stat. 3341–242, 3341–281; Pub. L. 100–202, § 101(g) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–213, 1329–250; Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 739; Pub. L. 106–219, § 2, June 20, 2000, 114 Stat. 346; Pub. L. 108–81, title V, § 502(b), Sept. 25, 2003, 117 Stat. 1003; Pub. L. 111–88, div. A, title IV, § 418, Oct. 30, 2009, 123 Stat. 2960; Pub. L. 112–74, div. E, title III, Dec. 23, 2011, 125 Stat. 1035.)

Editorial Notes
Codification
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Section was not enacted as part of the National Foundation on the Arts and the Humanities Act of 1965 which comprises this subchapter.

Amendments2011—Pub. L. 112–74 substituted “Each eligible organization must have its principal place of business in the District of Columbia and in a facility or facilities located in the District of Columbia.” for “The following organizations are deemed eligible to receive grants under this section: Folger Theater, Corcoran Gallery of Art, Phillips Gallery, Arena Stage, the National Building Museum, the National Children’s Museum, the National Symphony Orchestra, the National Opera, and Ford’s Theater.” in second par. and struck out “in addition to those herein named” at end of third par.
2009—Pub. L. 111–88 substituted “$10,000,000” for “$7,500,000” in first par. and “$650,000” for “$500,000” in fourth par.
2003—Pub. L. 108–81 substituted “National Children’s Museum” for “National Capital Children’s Museum” in second par.
2000—Pub. L. 106–219 substituted “National Opera” for “Washington Opera Society” in second par.
1989—Pub. L. 101–121 substituted “$7,500,000” for “$5,000,000” in first par.
1987—Pub. L. 100–202 substituted “direction of the Commission of Fine Arts” for “direction of the National Endowment for the Humanities” in first par. and amended third par. generally. Prior to amendment, third par. read as follows: “The Chairman of the National Endowment for the Humanities shall establish an application process and shall, along with the Chairman of the National Endowment for the Arts and the Chairman of the Commission on Fine Arts determine the eligibility of applicant organizations in addition to those herein named.”
1986—Pub. L. 99–500 and Pub. L. 99–591 substituted “whose primary purpose is” for “which are engaged primarily in” in first par. and “annual income, exclusive of Federal Funds,” for “an annual operating budget”, “operating budget”, and “operating budgets” in third and fourth pars.

Statutory Notes and Related Subsidiaries
Redesignation of Capital Children’s Museum as National Children’s MuseumPub. L. 108–81, title V, § 502, Sept. 25, 2003, 117 Stat. 1003, provided that:
“(a) Designation.—The Capital Children’s Museum located at 800 Third Street, NE, Washington, D.C. (or any successor location), organized under the laws of the District of Columbia, is designated as the ‘National Children’s Museum’.

“(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Capital Children’s Museum referred to in subsection (a) shall be deemed to be a reference to the ‘National Children’s Museum’.”

Redesignation of Washington Opera as National OperaPub. L. 106–219, June 20, 2000, 114 Stat. 346, provided that:
“SECTION 1. DESIGNATION.“The Washington Opera, organized under the laws of the District of Columbia, is designated as the ‘National Opera’.

“SEC. 2. REFERENCES.“Any reference in a law, map, regulation, document, paper or other record of the United States to the Washington Opera referred to in section 1 shall be deemed to be a reference to the ‘National Opera’.”

§ 957. National Council on the Humanities(a) EstablishmentThere is established in the National Endowment for the Humanities a National Council on the Humanities.

(b) Composition; basis for selection of members; representation of interests; recommendations of national organizationsThe Council shall be composed of the Chairperson of the National Endowment for the Humanities, who shall be the Chairperson of the Council, and twenty-six other members appointed by the President, by and with the advice and consent of the Senate, from private life. Such members shall be individuals who (1) are selected from among private citizens of the United States who are recognized for their broad knowledge of, expertise in, or commitment to the humanities, and (2) have established records of distinguished service and scholarship or creativity and in a manner which will provide a comprehensive representation of the views of scholars and professional practitioners in the humanities and of the public throughout the United States. The President is requested in the making of such appointments to give consideration to such recommendations as may from time to time be submitted to him by leading national organizations concerned with the humanities. In making such appointments, the President shall give due regard to equitable representation of women, minorities, and individuals with disabilities who are involved in the humanities.

(c) Term of office; vacancies; reappointmentEach member shall hold office for a term of six years, except that (1) the members first taking office shall serve, as designated by the President, nine for terms of two years, nine for terms of four years, and eight for terms of six years, and (2) any member appointed to fill a vacancy shall serve for the remainder of the term for which such member’s predecessor was appointed. No member shall be eligible for reappointment during the two-year period following the expiration of such member’s term. Notwithstanding any other provisions of this subsection, a member shall serve after the expiration of such member’s term until such member’s successor takes office.

(d) Meetings; quorumThe Council shall meet at the call of the Chairperson but not less often than twice during each calendar year. Fourteen members of the Council shall constitute a quorum.

(e) Compensation and travel expensesMembers shall receive compensation at a rate to be fixed by the Chairperson but not to exceed the per diem equivalent of the rate authorized for grade GS–18 by section 5332 of title 5 and be allowed travel expenses including per diem in lieu of subsistence, as authorized by law (section 5703 of title 5) for persons in the Government service employed intermittently.

(f) Advisory functions: policies, programs, and procedures; review of applications for financial support; recommendations prerequisite to action of Chairperson; unilateral action by Chairperson pursuant to delegation of authorityThe Council shall (1) advise the Chairperson with respect to policies, programs, and procedures for carrying out the Chairperson’s functions, and (2) shall review applications for financial support and make recommendations thereon to the Chairperson. The Chairperson shall not approve or disapprove any such application until the Chairperson has received the recommendation of the Council on such application, unless the Council fails to make a recommendation thereon within a reasonable time. In the case of any application involving $30,000, or less, the Chairperson may approve or disapprove such request if such action is taken pursuant to the terms of a delegation of authority from the Council to the Chairperson, and provided that each such action by the Chairperson shall be reviewed by the Council: Provided, That the terms of any such delegation of authority shall not permit obligations for expenditure of funds under such delegation for any fiscal year which exceed an amount equal to 10 per centum of the sums appropriated for that fiscal year pursuant to subparagraph (B) of paragraph (1) of section 960(a) of this title.

(Pub. L. 89–209, § 8, Sept. 29, 1965, 79 Stat. 851; Pub. L. 90–348, § 4, June 18, 1968, 82 Stat. 186; Pub. L. 91–346, § 5(c), July 20, 1970, 84 Stat. 444; Pub. L. 93–133, § 2(a)(7), Oct. 19, 1973, 87 Stat. 464; Pub. L. 94–462, title I, § 103(b), Oct. 8, 1976, 90 Stat. 1971; Pub. L. 96–496, title I, § 105, Dec. 4, 1980, 94 Stat. 2587; renumbered title I, § 8, and amended Pub. L. 98–306, §§ 2, 5(b), May 31, 1984, 98 Stat. 223, 224; renumbered § 8 and amended Pub. L. 99–194, title I, §§ 101(1), 108, Dec. 20, 1985, 99 Stat. 1332, 1338.)

Editorial Notes
Amendments1985—Subsec. (b). Pub. L. 99–194, § 108(1), substituted “Chairperson” for “Chairman” in two places, substituted “individuals who (1) are selected from among private citizens of the United States who are recognized for their broad knowledge of, expertise in, or commitment to the humanities, and (2) have established records of” for “selected on the basis of”, and inserted provision that in making such appointments, the President shall give due regard to equitable representation of women, minorities, and individuals with disabilities who are involved in the humanities.
Subsec. (c). Pub. L. 99–194, § 108(2), substituted “such member’s” for “his” wherever appearing.
Subsecs. (d), (e). Pub. L. 99–194, § 108(3), substituted “Chairperson” for “Chairman” wherever appearing.
Subsec. (f). Pub. L. 99–194, § 108(3), (4), substituted “Chairperson” for “Chairman” wherever appearing, “the Chairperson’s” for “his”, and “until the Chairperson has received” for “until he has received”.
1984—Subsec. (c). Pub. L. 98–306, § 5(b), inserted “Notwithstanding any other provisions of this subsection, a member shall serve after the expiration of his term until his successor takes office.”
1980—Subsec. (f). Pub. L. 96–496 substituted “$30,000” for “$17,500”.
1976—Subsec. (b). Pub. L. 94–462 inserted “, by and with the advice and consent of the Senate,” after “by the President”.
1973—Subsec. (f). Pub. L. 93–133 substituted “$17,500” for “$10,000” and inserted proviso that the terms of delegation of authority shall not permit obligations for expenditure of funds under such delegation for any fiscal year which exceeds an amount equal to 10 per centum of the sums appropriated for that fiscal year.
1970—Subsec. (e). Pub. L. 91–346 set forth provisions governing compensation of persons employed for the Government service on an intermittent basis.
1968—Subsec. (f). Pub. L. 90–348 inserted provisions which authorized the Chairman, in the case of any application involving $10,000 or less, to approve or disapprove the application if such action is pursuant to the terms of a delegation of authority from the Endowment Council and such action is reviewed by the Endowment Council.

Statutory Notes and Related Subsidiaries
Effective Date of 1973 AmendmentAmendment by Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out as a note under section 951 of this title.

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§ 957a. Omitted
Editorial Notes
Codification
Section, Pub. L. 98–146, title II, Nov. 4, 1983, 97 Stat. 949, which directed that persons serving on National Council on the Humanities continue until their successors are qualified for office, was omitted as superseded. See section 957(c) of this title, as amended by Pub. L. 98–306. Similar provisions were contained in Pub. L. 97–394, title II, Dec. 30, 1982, 96 Stat. 1994.

§ 958. Federal Council on the Arts and the Humanities(a) EstablishmentThere is established within the Foundation a Federal Council on the Arts and the Humanities.

(b) Composition; presiding officer; changes in membership to meet changes in programs or executive branch organizationThe Council shall be composed of the Chairperson of the National Endowment for the Arts, the Chairperson of the National Endowment for the Humanities, the Director of the Institute of Museum and Library Services, the Secretary of Education, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, the Librarian of Congress, the Director of the National Gallery of Art, the Chairman of the Commission of Fine Arts, the Archivist of the United States, the Commissioner, Public Buildings Service, General Services Administration, the Assistant Secretary for Aging, a member designated by the Secretary of State, and a member designated by the Secretary of the Interior, a member designated by the Chairman of the Senate Commission on Art and Antiquities, and a member designated by the Speaker of the House. The President shall designate the presiding officer of the Council from among the members. The President is authorized to change the membership of the Council from time to time as the President deems necessary to meet changes in Federal programs or executive branch organization.

(c) FunctionsThe Council shall—(1) advise and consult with the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities on major problems arising in carrying out the purposes of the Foundation;

(2) advise and consult with the National Museum Services Board and with the Director of the Institute of Museum and Library Services on major problems arising in carrying out the purposes of such Institute;

(3) coordinate, by advice and consultation, so far as is practicable, the policies and operations of the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services, including joint support of activities, as appropriate;

(4) promote coordination between the programs and activities of the Foundation and related programs and activities of other Federal agencies;

(5) plan and coordinate appropriate participation (including productions and projects) in major and historic national events;

(6) undertake studies and make reports which address the state of the arts and humanities, particularly with respect to their economic needs and problems; and

(7) encourage an ongoing dialogue in support of the arts and the humanities among Federal agencies.

(Pub. L. 89–209, § 9, Sept. 29, 1965, 79 Stat. 851; Pub. L. 91–346, § 9, July 20, 1970, 84 Stat. 446; Pub. L. 93–133, § 2(a)(8), Oct. 19, 1973, 87 Stat. 464; Pub. L. 94–462, title II, § 208, Oct. 8, 1976, 90 Stat. 1977; Pub. L. 96–496, title I, §§ 106, 109(d), Dec. 4, 1980, 94 Stat. 2587, 2591; renumbered title I, § 9, and amended Pub. L. 98–306, §§ 2, 6, May 31, 1984, 98 Stat. 223, 224; renumbered § 9 and amended Pub. L. 99–194, title I, §§ 101(1), 109, Dec. 20, 1985, 99 Stat. 1332, 1339; Pub. L. 101–512, title III, § 318 [title I, § 108], Nov. 5, 1990, 104 Stat. 1960, 1970; Pub. L. 103–171, § 3(b)(2), Dec. 2, 1993, 107 Stat. 1991; Pub. L. 111–340, title II, § 208(2), Dec. 22, 2010, 124 Stat. 3603.)

Editorial Notes
Amendments2010—Subsecs. (b), (c)(2), (3). Pub. L. 111–340 substituted “Institute of Museum and Library Services” for “Institute of Museum Services”.
1993—Subsec. (b). Pub. L. 103–171 substituted “Assistant Secretary for Aging” for “Commissioner on Aging”.
1990—Subsec. (c)(7). Pub. L. 101–512, § 318 [title I, § 108(a)], added par. (7).
Subsec. (d). Pub. L. 101–512, § 318 [title I, § 108(b)], struck out subsec. (d) which related to studies on Federal support to museums and the impact of Institute of Museum Services and of conservation and preservation practices.
1985—Subsec. (b). Pub. L. 99–194, § 109(1), substituted “Chairperson” for “Chairman” in two places in first sentence, “presiding officer” for “Chairman” in second sentence, and “the President” for “he” in last sentence.
Subsec. (c)(1). Pub. L. 99–194, § 109(2), substituted “Chairperson” for “Chairman” wherever appearing.
Subsec. (d). Pub. L. 99–194, § 109(3), added subsec. (d). Former subsec. (d), relating to a study and report to the President and the Congress on artistic employment opportunities, was struck out.
Subsec. (e). Pub. L. 99–194, § 109(3), struck out subsec. (e) which provided for a study and report to the President and the Congress on arts and artifacts indemnification.
1984—Subsec. (b). Pub. L. 98–306, § 6(a), inserted “the Director of the Institute of Museum Services,”.
Subsec. (c)(4). Pub. L. 98–306, § 6(b), struck out “and the Institute of Museum Services” after “Foundation”.
1980—Subsec. (b). Pub. L. 96–496, §§ 106(a), 109(d), inserted “the Commissioner on Aging,” and substituted “Secretary of Education” for “United States Commissioner of Education”.
Subsec. (c)(6). Pub. L. 96–496, § 106(b), added par. (6).
Subsecs. (d), (e). Pub. L. 96–496, § 106(c), added subsecs. (d) and (e).
1976—Subsec. (c)(2), (3). Pub. L. 94–462, § 208(1), (2), added par. (2), redesignated former par. (2) as (3), and as so redesignated inserted “and the Institute of Museum Services,” after “Humanities,”. Former par. (3) redesignated (4).
Subsec. (c)(4), (5). Pub. L. 94–462, § 208(1), (3), redesignated former par. (3) as (4), inserted “and the Institute of Museum Services” after “Foundation”, and redesignated former par. (4) as (5).
1973—Subsec. (b). Pub. L. 93–133 included the Commissioner, Public Buildings Service, General Service Administration, a member designated by the Secretary of the Interior, a member designated by the Chairman of the Senate Commission on Art and Antiquities, and a member designated by the Speaker of the House, as members of the Federal Council on the Arts and Humanities.
1970—Subsec. (b). Pub. L. 91–346 included the Archivist of the United States as a member of the Federal Council on the Arts and Humanities.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as a note under section 951 of this title.

Effective Date of 1973 AmendmentAmendment by Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out a a note under section 951 of this title.

§ 959. Administrative provisions(a) General authority of ChairpersonsIn addition to any authorities vested in them by other provisions of this subchapter, the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities, in carrying out their respective functions, shall each have authority—(1) to prescribe such regulations as the Chairperson deems necessary governing the manner in which the Chairperson’s functions shall be carried out;

(2) in the discretion of the Chairperson of an Endowment, after receiving the recommendation of the National Council of that Endowment, to receive money and other property donated, bequeathed, or devised to that Endowment with or without a condition or restriction, including a condition that the Chairperson use other funds of that Endowment for the purposes of the gift, except that a Chairperson may receive a gift without a recommendation from the Council to provide support for any application or project which can be approved without Council recommendation under the provisions of sections 955(f) and 957(f) of this title, and may receive a gift of $15,000, or less, without Council recommendation in the event the Council fails to provide such recommendation within a reasonable period of time, and to use, sell, or otherwise dispose of such property for the purpose of carrying out sections 954(c) and 956(c) of this title;

(3) to appoint employees, subject to the civil service laws, as necessary to carry out the Chairperson’s functions, define their duties, and supervise and direct their activities;

(4) to utilize experts and consultants, including panels of experts, who may be employed as authorized by section 3109 of title 5;

(5) to accept and utilize the services of voluntary and uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5 for persons in the Government service employed without compensation;

(6) to make advance, progress, and other payments without regard to section 3324 of title 31;

(7) to rent office space in the District of Columbia; and

(8) to make other necessary expenditures.

(b) Rules for distribution of donations, bequests, and devises; gifts with or without conditions; transfers for tax purposes(1) In any case in which any money or other property is donated, bequeathed, or devised to the Foundation without designation of the Endowment for the benefit of which such property is intended, and without condition or restriction other than that it be used for the purposes of the Foundation, such property shall be deemed to have been donated, bequeathed, or devised in equal shares to each Endowment and each Chairperson of an Endowment shall have authority to receive such property.

(2) In any case in which any money or other property is donated, bequeathed, or devised to the Foundation with a condition or restriction, such property shall be deemed to have been donated, bequeathed, or devised to that Endowment whose function it is to carry out the purpose or purposes described or referred to by the terms of such condition or restriction, and each Chairperson of an Endowment shall have authority to receive such property.

(3) For the purposes of the preceding sentence, if one or more of the purposes of such a condition or restriction is covered by the functions of both Endowments, or if some of the purposes of such a condition or restriction are covered by the functions of one Endowment and other of the purposes of such a condition or restriction are covered by the functions of the other Endowment, the Federal Council on the Arts and the Humanities shall determine an equitable manner for distribution between each of the Endowments of the property so donated, bequeathed, or devised.

(4) For the purposes of the income tax, gift tax, and estate tax laws of the United States, any money or other property donated, bequeathed, or devised to the Foundation or one of its Endowments and received by the Chairperson of an Endowment pursuant to authority derived under this subsection shall be deemed to have been donated, bequeathed, or devised to or for the use of the United States.

(c) Advisory panels; membership; proceduresThe Chairperson of the National Endowment for the Arts shall utilize advisory panels to review applications, and to make recommendations to the National Council on the Arts in all cases except cases in which the Chairperson exercises authority delegated under section 955(f) of this title. When reviewing applications, such panels shall recommend applications for projects, productions, and workshops solely on the basis of artistic excellence and artistic merit. The Chairperson shall issue regulations and establish procedures—(1) to ensure that all panels are composed, to the extent practicable, of individuals reflecting a wide geographic, ethnic, and minority representation as well as individuals reflecting diverse artistic and cultural points of view;

(2) to ensure that all panels include representation of lay individuals who are knowledgeable about the arts but who are not engaged in the arts as a profession and are not members of either artists’ organizations or arts organizations;

(3) to ensure that, when feasible, the procedures used by panels to carry out their responsibilities are standardized;

(4) to require panels—(A) to create written records summarizing—(i) all meetings and discussions of such panel; and

(ii) the recommendations made by such panel to the Council; and

(B) to make such records available to the public in a manner that protects the privacy of individual applicants and panel members;

(5) to require, when necessary and feasible, the use of site visitations to view the work of the applicant and deliver a written report on the work being reviewed, in order to assist panelists in making their recommendations; and

(6) to require that the membership of each panel change substantially from year to year and to provide that each individual is ineligible to serve on a panel for more than 3 consecutive years.

In making appointments to panels, the Chairperson shall ensure that an individual who has a pending application for financial assistance under this subchapter, or who is an employee or agent of an organization with a pending application, does not serve as a member of any panel before which such application is pending. The prohibition described in the preceding sentence shall commence with respect to such individual beginning on the date such application is submitted and shall continue for so long as such application is pending.

(d) Endowment activities reportsThe Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities shall each submit an annual report to the President for transmittal to the Congress on or before the 15th day of April of each year. The report shall summarize the activities of the Endowment for the preceding year, and may include such recommendations as the Chairperson deems appropriate.

(e) Council activities reportsThe National Council on the Arts and the National Council on the Humanities, respectively, may each submit an annual report to the President for transmittal to the Congress on or before the 15th day of April of each year setting forth a summary of its activities during the preceding year or its recommendations for any measures which it considers necessary or desirable.

(f) Post-award evaluation of assisted projects, productions, and programs; reports; extension of time for compliance; failure to satisfy purposes of assistance(1) The Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities shall conduct a post-award evaluation of projects, productions, and programs for which financial assistance is provided by their respective Endowments under sections 954(c) and 956(c) of this title. Such evaluation may include an audit to determine the accuracy of the reports required to be submitted by recipients under clauses (i) and (ii) of paragraph (2)(A). As a condition of receiving such financial assistance, a recipient shall comply with the requirements specified in paragraph (2) that are applicable to the project, production, or program for which such financial assistance is received.

(2)(A) The recipient of financial assistance provided by either of the Endowments shall submit to the Chairperson of the Endowment involved—(i) a financial report containing such information as the Chairperson deems necessary to ensure that such financial assistance is expended in accordance with the terms and conditions under which it is provided;

(ii) a report describing the project, production, or program carried out with such financial assistance; and

(iii) if practicable, as determined by the Chairperson, a copy of such project, production, or program.

(B) Such recipient shall comply with the requirements of this paragraph not later than 90 days after the end of the period for which such financial assistance is provided. The Chairperson may extend the 90-day period only if the recipient shows good cause why such an extension should be granted.

(3) If such recipient substantially fails to satisfy the purposes for which such financial assistance is provided and the criteria specified in subsection (c)(3)(A),11 So in original. Subsec. (c)(3) does not contain a subpar. (A). as determined by the Chairperson of the Endowment that provided such financial assistance, then such Chairperson may—(A) for purposes of determining whether to provide any subsequent financial assistance, take into consideration the results of the post-award evaluation conducted under this subsection;

(B) prohibit the recipient of such financial assistance to use the name of, or in any way associate such project, production, or program with the Endowment that provided such financial assistance; and

(C) if such project, production, or program is published, require that the publication contain the following statement: “The opinions, findings, conclusions, and recommendations expressed herein do not reflect the views of the National Endowment for the Arts or the National Endowment for the Humanities.”

(Pub. L. 89–209, § 10, Sept. 29, 1965, 79 Stat. 852; Pub. L. 90–348, § 5, June 18, 1968, 82 Stat. 186; Pub. L. 91–346, §§ 5(a)(3), 10, 11, July 20, 1970, 84 Stat. 443, 446; Pub. L. 93–133, § 2(a)(9), (10), Oct. 19, 1973, 87 Stat. 465; Pub. L. 96–496, title I, § 107, Dec. 4, 1980, 94 Stat. 2588; renumbered title I, § 10, Pub. L. 98–306, § 2, May 31, 1984, 98 Stat. 223; renumbered § 10 and amended Pub. L. 99–194, title I, §§ 101(1), 110, Dec. 20, 1985, 99 Stat. 1332, 1339; Pub. L. 101–512, title III, § 318 [title I, § 109], Nov. 5, 1990, 104 Stat. 1960, 1970.)

Editorial Notes
Codification
In subsec. (a)(5), reference to “section 5703 of title 5” substituted for “law (5 U.S.C. 73b–2)” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments1990—Subsec. (a). Pub. L. 101–512, § 318 [title I, § 109(5)(A)], redesignated concluding provisions of subsec. (a) as subsec. (b).
Subsec. (a)(4). Pub. L. 101–512, § 318 [title I, § 109(1)(A)], struck out “from time to time, as appropriate,” after “to utilize”.
Subsec. (a)(6). Pub. L. 101–512, § 318 [title I, § 109(1)(B)], substituted “section 3324 of title 31” for “the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529)”.
Subsec. (b). Pub. L. 101–512, § 318 [title I, § 109(9)], which directed amendment of this section by striking the sixth sentence and all that follows through “pending.” was executed by striking all that follows through “pending.” the second place it appeared to reflect the probable intent of Congress. The provisions struck out read as follows: “In selecting panels of experts under clause (4) to review and make recommendations with respect to the approval of applications for financial assistance under this subchapter, each Chairperson shall appoint individuals who have exhibited expertise and leadership in the field under review, who broadly represent diverse characteristics in terms of aesthetic or humanistic perspective, and geographical factors, and who broadly represent cultural diversity. Each Chairperson shall assure that the membership of panels changes substantially from year to year, and that no more than 20 per centum of the annual appointments shall be for service beyond the limit of three consecutive years on a subpanel. In making appointments, each Chairperson shall give due regard to the need for experienced as well as new members on each panel. Panels of experts appointed to review or make recommendations with respect to the approval of applications or projects for funding by the National Endowment for the Arts shall, when reviewing such applications and projects, recommend for funding only applications and projects that in the context in which they are presented, in the experts’ view, foster excellence, are reflective of exceptional talent, and have significant literary, scholarly, cultural, or artistic merit. Whenever there is pending an application submitted by an individual for financial assistance under section 954(c) of this title, such individual may not serve as a member of any subpanel (or panel where a subpanel does not exist) before which such application is pending. The prohibition described in the previous sentence shall commence on the date the application is submitted and continue for so long as the application is pending.”
Pub. L. 101–512, § 318 [title I, § 109(8)], which directed amendment of the fifth sentence of this section by making the substitution for “For the purpose”, was executed by substituting “(4) For the purposes” for “For the purposes” to reflect the probable intent of Congress.
Pub. L. 101–512, § 318 [title I, § 109(4)–(7)], redesignated concluding provisions of subsec. (a) as subsec. (b), inserted pars. (1), (2), and (3) designations, and struck out “(A)” before “without designation” and “(B)” before “without condition”. Former subsec. (b) redesignated (d).
Subsecs. (c) to (e). Pub. L. 101–512, § 318 [title I, § 109(3), (4), (9)], added subsec. (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and struck out former subsec. (e) which related to studies and reports on the state and quality of arts and humanities education in public elementary and secondary schools. Former subsec. (d) redesignated (f).
Subsec. (f). Pub. L. 101–512, § 318 [title I, § 109(2)–(4)], redesignated subsec. (d) as (f) and, in par. (3), substituted “subsection (c)(3)(A)” for “the last sentence of subsection (a)”, and struck out former subsec. (f) which related to report to Congress on selection of experts for appointment to panels, and procedures for recommendations on financial assistance applications.
1985—Subsec. (a). Pub. L. 99–194, § 110(1), substituted “Chairperson” for “Chairman” in two places in provisions preceding cl. (1); in cl. (1) substituted “the chairperson” and “the chairperson’s” for “he” and “his”, respectively; in cl. (2) substituted “Chairperson” for “Chairman” wherever appearing; in cl. (3) substituted “the Chairperson’s” for “his”; in cl. (4) substituted “section 3109 of title 5” for “section 15 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a)” and struck out proviso that any advisory panel appointed to review or make recommendations with respect to the approval of applications or projects for funding was to have broad geographic and culturally diverse representation; and in provisions following par. (8) substituted “Chairperson” for “Chairman” wherever appearing and inserted provisions relating to the selection of a panel of experts to review financial assistance applications and the considerations to be made in the review of such applications.
Subsec. (b). Pub. L. 99–194, § 110(2), substituted “Chairperson” for “Chairman” wherever appearing.
Subsecs. (d) to (f). Pub. L. 99–194, § 110(3), added subsecs. (d) to (f). Former subsec. (d), relating to studies and reports to the President and the Congress on endowment uses of donations, bequests, and devises, was struck out.
1980—Subsec. (a)(4). Pub. L. 96–496, § 107(a), inserted “and culturally diverse”.
Subsecs. (b), (c). Pub. L. 96–496, § 107(b), (c), substituted “April” for “January”.
Subsec. (d). Pub. L. 96–496, § 107(d), added subsec. (d).
1973—Subsec. (a)(2). Pub. L. 93–133, § 2(a)(9), added exception that a Chairman may receive a gift without a recommendation from the Council to provide support for any application or project which can be approved without Council recommendation under the provisions of sections 955(f) and 957(f) of this title, and may receive a gift of $15,000 or less without Council recommendation when the Council fails to recommend within a reasonable period of time.
Subsec. (a)(4). Pub. L. 93–133, § 2(a)(10), inserted proviso that any advisory panel appointed to review or make recommendations with respect to the approval of applications or projects for funding shall have broad geographic representation.
1970—Subsec. (a)(2). Pub. L. 91–346, § 5(a)(3), struck out reference to the functions transferred by section 955(a) of this title.
Subsec. (a)(3) to (5). Pub. L. 91–346, § 11(1)–(3), inserted “to” at beginning of cls. (3) to (5).
Subsec. (a)(6) to (8). Pub. L. 91–346, §§ 10, 11(4), (5), redesignated cls. (6) and (7), and all references thereto, as cls. (7) and (8), added new cl. (6), and inserted “to” at beginning of cls. (7) and (8).
1968—Subsec. (a). Pub. L. 90–348 combined provisions of cls. (2) and (3) into cl. (2), and, in cl. (2) as thus combined, extended the area for the exercise of discretion of the Chairman of an Endowment, after receiving the recommendation of the National Council of that Endowment, in the disposition of gifts to include both gifts made with condition and gifts made without condition, redesignated cls. (4) to (8) as (3) to (7), and in provisions following cl. (7), struck out references to cls. (2) and (3) wherever appearing.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(a)] of Pub. L. 101–512, set out as a note under section 951 of this title.

Effective Date of 1973 AmendmentAmendment by Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out as a note under section 951 of this title.

Effective Date of 1970 AmendmentAmendment by section 5(a)(3) of Pub. L. 91–346 effective after June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91–346, set out as a note under section 955 of this title.

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under subsec. (d) of this section are listed in item 7 on page 183), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.

Executive Documents

Delegation of Certain Reporting Authority
Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 74937, provided:
Memorandum for the Chairperson of the National Endowment for the Arts
By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President in the National Foundation on the Arts and Humanities Act of 1965, as amended (20 U.S.C. 959(d)) to provide the specified report relating to the National Endowment for the Arts to the Congress.
You are authorized and directed to publish this memorandum in the Federal Register.

George W. Bush.

Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 74939, provided:
Memorandum for the Chairperson of the National Endowment for the Humanities
By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President in the National Foundation on the Arts and Humanities Act of 1965, as amended (20 U.S.C. 959(d)) to provide the specified report relating to the National Endowment for the Humanities to the Congress.
You are authorized and directed to publish this memorandum in the Federal Register.

George W. Bush.

§ 959a. Gifts, bequests, and devises
The National Endowment for the Arts and the National Endowment for the Humanities are on and after August 2, 2005, authorized to solicit, accept, receive, and invest in the name of the United States, gifts, bequests, or devises of money and other property or services and to use such in furtherance of the functions of the National Endowment for the Arts and the National Endowment for the Humanities. Any proceeds from such gifts, bequests, or devises, after acceptance by the National Endowment for the Arts or the National Endowment for the Humanities, shall be paid by the donor or the representative of the donor to the Chairman. The Chairman shall enter the proceeds in a special interest-bearing account to the credit of the appropriate endowment for the purposes specified in each case.
(Pub. L. 109–54, title IV, § 410, Aug. 2, 2005, 119 Stat. 551.)

Editorial Notes
Codification
Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the National Foundation on the Arts and the Humanities Act of 1965 which comprises this subchapter.

Prior ProvisionsProvisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 108–447, div. E, title III, § 310, Dec. 8, 2004, 118 Stat. 3094.
Pub. L. 108–108, title III, § 310, Nov. 10, 2003, 117 Stat. 1303.
Pub. L. 108–7, div. F, title III, § 310, Feb. 20, 2003, 117 Stat. 271.
Pub. L. 107–63, title III, § 315, Nov. 5, 2001, 115 Stat. 467.
Pub. L. 106–291, title III, § 318, Oct. 11, 2000, 114 Stat. 989.
Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 319], Nov. 29, 1999, 113 Stat. 1535, 1501A–193.
Pub. L. 105–277, div. A, § 101(e) [title III, § 320], Oct. 21, 1998, 112 Stat. 2681–231, 2681–289.
Pub. L. 105–83, title III, § 330, Nov. 14, 1997, 111 Stat. 1600.

§ 960. Authorization of appropriations(a) Contracts, grants-in-aid, and loans to groups, individuals, public agencies, and private nonprofit organizations; availability of appropriations; guidelines(1)(A)(i) For the purpose of carrying out section 954(c) of this title, there are authorized to be appropriated to the National Endowment for the Arts $125,800,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993.

(ii) For fiscal years—(I) 1991 and 1992 not less than 25 percent of the amount appropriated for the respective fiscal year; and

(II) 1993 not less than 27.5 percent of the amount appropriated for such fiscal year;

shall be for carrying out section 954(g) of this title.

(iii) For fiscal years—(I) 1991 and 1992 not less than 5 percent of the amount appropriated for the respective fiscal year; and

(II) 1993 not less than 7.5 percent of the amount appropriated for such fiscal year;

shall be for carrying out programs under section 954(p)(2) of this title (relating to programs to expand public access to the arts in rural and innercity areas). Not less than 50 percent of the funds required by this clause to be used for carrying out such programs shall be used for carrying out such programs in rural areas.

(B) For the purpose of carrying out section 956(c) of this title, there are authorized to be appropriated to the National Endowment for the Humanities $119,900,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993. Of the sums so appropriated for any fiscal year, not less than 20 per centum shall be for carrying out section 956(f) of this title.

(2)(A) There are authorized to be appropriated for each fiscal year ending before October 1, 1993, to the National Endowment for the Arts an amount equal to the sum of—(i) the total amounts received by such Endowment under section 959(a)(2) of this title, including the value of property donated, bequeathed, or devised to such Endowment; and

(ii) the total amounts received by the grantees of such Endowment from non-Federal sources, including the value of property donated, bequeathed, or devised to such grantees, for use in carrying out projects and other activities under paragraph (1) through paragraph (10) of section 954(c) of this title;

except that the amounts so appropriated to the National Endowment for the Arts shall not exceed $13,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993.

(B) There are authorized to be appropriated for each fiscal year ending before October 1, 1993, to the National Endowment for the Humanities an amount equal to the sum of—(i) the total amounts received by such Endowment under section 959(a)(2) of this title, including the value of property donated, bequeathed, or devised to such Endowment; and

(ii) the total amounts received by the grantees and subgrantees of such Endowment from non-Federal sources, including the value of property donated, bequeathed, or devised to such grantees and subgrantees, for use in carrying out activities under paragraph (1) through paragraph (10) of section 956(c) of this title;

except that the amounts so appropriated to the National Endowment for the Humanities shall not exceed $12,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993.

(3)(A) There are authorized to be appropriated for each fiscal year ending before October 1, 1993, to the National Endowment for the Arts an amount equal to the sum of—(i) the total amounts received by such Endowment, including the value of property donated, bequeathed, or devised to such Endowment, for the purposes set forth in section 954(p)(1) of this title pursuant to the authority of section 959(a)(2) of this title; and

(ii) the total amounts received by the grantees of such Endowment from non-Federal sources, including the value of property donated, bequeathed, or devised to such grantees, for use in carrying out activities under subparagraph (A) through subparagraph (F) of section 954(p)(1) of this title;

except that the amounts so appropriated to such Endowment shall not exceed $15,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993.

(B) There are authorized to be appropriated for each fiscal year ending before October 1, 1993, to the National Endowment for the Humanities an amount equal to the sum of—(i) the total amounts received by such Endowment, including the value of property donated, bequeathed, or devised to such Endowment, for the purposes set forth in section 956(h)(1) of this title pursuant to the authority of section 959(a)(2) of this title; and

(ii) the total amounts received by the grantees of such Endowment from non-Federal sources, including the value of property donated, bequeathed, or devised to such grantees, for use in carrying out activities under subparagraph (A) through subparagraph (F) of section 956(h)(1) of this title;

except that the amounts so appropriated to such Endowment shall not exceed $15,150,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993.

(C) Sums appropriated pursuant to subparagraph (A) and subparagraph (B) for any fiscal year shall remain available for obligation and expenditure until expended.

(4) The Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities, as the case may be, shall issue guidelines to implement the provisions of paragraph (2) and paragraph (3). Such guidelines shall be consistent with the requirements of section 954(e), section 954(l)(2),11 See References in Text note below. section 956(f), and section 956(h)(2) of this title, as the case may be, regarding total Federal support of activities, programs, projects, or productions carried out under authority of this subchapter.

(b) Availability of appropriated unexpended funds; notice of availability of funds by advance appropriation(1) Sums appropriated pursuant to subsection (a) for any fiscal year shall remain available for obligation and expenditure until expended.

(2) In order to afford adequate notice to interested persons of available assistance under this subchapter, appropriations authorized under subsection (a) are authorized to be included in the measure making appropriations for the fiscal year preceding the fiscal year for which such appropriations become available for obligation.

(c) Administrative appropriations(1) There are authorized to be appropriated to the National Endowment for the Arts $21,200,000” 22 So in original. The closing quotation marks probably should not appear. for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993, to administer the provisions of this subchapter, or any other program for which the Chairperson of the National Endowment for the Arts is responsible, including not to exceed $50,000 for each such fiscal year for official reception and representation expenses. The total amount which may be obligated or expended for such expenses for fiscal year 1995 through the use of appropriated funds or any other source of funds shall not exceed $100,000.

(2) There are authorized to be appropriated to the National Endowment for the Humanities $17,950,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993, to administer the provisions of this subchapter, or any other program for which the Chairperson of the National Endowment for the Humanities is responsible, including not to exceed $50,000 for each such fiscal year for official reception and representation expenses. The total amount which may be obligated or expended for such expenses for fiscal year 1995 through the use of appropriated funds or any other source of funds shall not exceed $100,000.

(d) Total amount of appropriations(1) The total amount of appropriations to carry out the activities of the National Endowment for the Arts shall not exceed—(A) $167,060,000 for fiscal year 1986,

(B) $170,206,400 for fiscal year 1987, and

(C) $177,014,656 for fiscal year 1988.

(2) The total amount of appropriations to carry out the activities for the National Endowment for the Humanities shall not exceed—(A) $139,878,000 for fiscal year 1986,

(B) $145,057,120 for fiscal year 1987, and

(C) $150,859,405 for fiscal year 1988.

(e) Prohibition of grants to production workshops using admission proceeds for unauthorized purposesNo grant shall be made to a workshop (other than a workshop conducted by a school, college, or university) for a production for which a direct or indirect admission charge is asked if the proceeds, after deducting reasonable costs, are used for purposes other than assisting the grantee to develop high standards of artistic excellence or encourage greater appreciation of the arts and humanities by our citizens.

(f) Availability of appropriations for arts education(1) Subject to subparagraph (2), in any fiscal year in which the aggregate amount appropriated to the National Endowment for the Arts exceeds $175,000,000, 50 percent of such excess shall be available to carry out section 954a of this title.

(2) In each fiscal year, the amount made available to carry out section 954a of this title shall not exceed $40,000,000, in the aggregate.

(3) Funds made available to carry out section 954a of this title shall remain available until expended.

(Pub. L. 89–209, § 11, Sept. 29, 1965, 79 Stat. 853; Pub. L. 90–348, § 6, June 18, 1968, 82 Stat. 187; Pub. L. 91–346, §§ 5(a)(4), 12, July 20, 1970, 84 Stat. 444, 446; Pub. L. 93–133, § 2(a)(11), Oct. 19, 1973, 87 Stat. 465; Pub. L. 94–462, title I, § 106(a), title III, § 302, title IV, § 401(b), Oct. 8, 1976, 90 Stat. 1974, 1980, 1981; Pub. L. 94–555, title II, § 219(b), Oct. 19, 1976, 90 Stat. 2629; Pub. L. 96–496, title I, § 108, Dec. 4, 1980, 94 Stat. 2589; renumbered title I, § 11, and amended Pub. L. 98–306, §§ 2, 7, May 31, 1984, 98 Stat. 223, 224; renumbered § 11 and amended Pub. L. 99–194, title I, §§ 101(1), 111, Dec. 20, 1985, 99 Stat. 1332, 1342; Pub. L. 99–362, § 1, July 9, 1986, 100 Stat. 769; Pub. L. 101–512, title III, § 318 [title I, §§ 103(i)(2), 110], Nov. 5, 1990, 104 Stat. 1960, 1966, 1972; Pub. L. 103–382, title III, § 371, Oct. 20, 1994, 108 Stat. 3977.)

Editorial Notes

References in TextSection 954(l)(2) of this title, referred to in subsec. (a)(4), was redesignated section 954(p)(3) by Pub. L. 101–512, title III, § 318 [title I, §§ 103(g)(1), (h)(1), 104(2)], Nov. 5, 1990, 104 Stat. 1960, 1964, 1965, 1966.

Prior ProvisionsThis subchapter, Pub. L. 89–209, Sept. 29, 1965, 79 Stat. 845, consisted originally of additional sections 12, 13, and 14, which were classified to sections 961, 962, and 963 of this title prior to repeal. For further details, see Prior Provisions notes set out under sections 961 to 963 of this title.

Amendments1994—Subsec. (c)(1), (2). Pub. L. 103–382 substituted “fiscal year 1995” for “any fiscal year” and “shall not exceed $100,000” for “shall not exceed $50,000”.
1990—Subsec. (a)(1)(A). Pub. L. 101–512, § 318 [title I, § 110(a)], designated existing provisions as cl. (i), substituted “$125,800,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$121,678,000 for fiscal year 1986, $123,425,120 for fiscal year 1987, $128,362,125 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990”, struck out at end “Of the sums so appropriated for any fiscal year, not less than 20 per centum shall be for carrying out section 954(g) of this title.”, and added cls. (ii) and (iii).
Subsec. (a)(1)(B). Pub. L. 101–512, § 318 [title I, § 110(b)], substituted “$119,900,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$95,207,000 for fiscal year 1986, $99,015,280 for fiscal year 1987, $102,975,891 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990;”.
Subsec. (a)(1)(C). Pub. L. 101–512, § 318 [title I, § 110(c)], struck out subpar. (C) which related to appropriations for the National Endowment for the Arts for the fiscal year ending September 30, 1977.
Subsec. (a)(2)(A). Pub. L. 101–512, § 318 [title I, § 110(d)(1)], substituted “1993” for “1990” in introductory provisions and “paragraph (10)” for “paragraph (8)” in cl. (ii), and in closing provisions substituted “$13,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$8,820,000 for fiscal year 1986, $9,172,800 for fiscal year 1987, $9,539,712 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990”.
Subsec. (a)(2)(B). Pub. L. 101–512, § 318 [title I, § 110(d)(2)], substituted “1993” for “1990” in introductory provisions and “paragraph (10)” for “paragraph (9)” in cl. (ii), and in closing provisions substituted “$12,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$10,780,000 for fiscal year 1986, $11,211,200 for fiscal year 1987, $11,659,648 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990”.
Subsec. (a)(3)(A). Pub. L. 101–512, § 318 [title I, § 110(d)(3)], in introductory provisions, substituted “1993” for “1990” and in closing provisions, substituted “$15,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$20,580,000 for fiscal year 1986, $21,403,200 for fiscal year 1987, $22,259,328 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990”.
Subsec. (a)(3)(A)(i), (ii). Pub. L. 101–512, § 318 [title I, § 103(i)(2)(A)(i)], substituted “954(p)(1)” for “954(l)(1)”.
Subsec. (a)(3)(B). Pub. L. 101–512, § 318 [title I, § 110(d)(4)], in introductory provisions, substituted “1993” for “1990” and in closing provisions, substituted “$15,150,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$19,600,000 for fiscal year 1986, $20,384,000 for fiscal year 1987, $21,199,360 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990”.
Subsec. (a)(3)(C). Pub. L. 101–512, § 318 [title I, § 110(e)], redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “If either Chairperson determines at the end of the ninth month of any fiscal year that funds which would otherwise be available under this paragraph to an Endowment cannot be used, the Chairperson shall transfer such funds to the other Endowment for the purposes described in section 954(p)(1) or section 956(h)(1) of this title, as may be necessary.”
Pub. L. 101–512, § 318 [title I, § 103(i)(2)(A)(ii)], substituted “954(p)(1)” for “954(l)(1)”.
Subsec. (a)(3)(D). Pub. L. 101–512, § 318 [title I, § 110(e)(2)], redesignated subpar. (D) as (C).
Subsec. (a)(4). Pub. L. 101–512, § 318 [title I, § 103(i)(2)(B)], which directed the substitution of “954(p)(1)” for “954(l)(1)”, could not be executed because “954(l)(1)” does not appear in text.
Subsec. (c)(1). Pub. L. 101–512, § 110(f)[(1)], substituted “$21,200,000” for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$15,982,000 for fiscal year 1986, $16,205,280 for fiscal year 1987, $16,853,491 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” and “$50,000” for “$35,000” wherever appearing.
Subsec. (c)(2). Pub. L. 101–512, § 110(f)(2), substituted “$17,950,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 and 1993” for “$14,291,000 for fiscal year 1986, $14,446,640 for fiscal year 1987, $15,024,506 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” and “$50,000” for “$35,000” wherever appearing.
Subsec. (f). Pub. L. 101–512, § 110(g), added subsec. (f).
1986—Subsec. (a)(2)(A)(ii). Pub. L. 99–362, § 1(1), substituted “paragraph (8)” for “paragraph (5)”.
Subsec. (a)(2)(B)(ii). Pub. L. 99–362, § 1(2), substituted “paragraph (9)” for “paragraph (7)”.
1985—Subsec. (a)(1)(A). Pub. L. 99–194, § 111(a)(1), substituted “$121,678,000 for fiscal year 1986, $123,425,120 for fiscal year 1987, $128,362,125 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” for “$115,500,000 for fiscal year 1981, $127,000,000 for fiscal year 1982, $140,000,000 for fiscal year 1983, $128,500,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985”.
Subsec. (a)(1)(B). Pub. L. 99–194, § 111(a)(2), substituted “$95,207,000 for fiscal year 1986, $99,015,280 for fiscal year 1987, $102,975,891 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990;” for “$114,500,000 for fiscal year 1981, $126,000,000 for fiscal year 1982, $138,500,000 for fiscal year 1983, $127,000,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985”.
Subsec. (a)(2)(A). Pub. L. 99–194, § 111(b)(1)(A), substituted “October 1, 1990” for “October 1, 1985” and “$8,820,000 for fiscal year 1986, $9,172,800 for fiscal year 1987, $9,539,712 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” for “$18,500,000 for fiscal year 1981, $18,500,000 for fiscal year 1982, $18,500,000 for fiscal year 1983, $10,000,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985”.
Subsec. (a)(2)(B). Pub. L. 99–194, § 111(b)(1)(B), substituted “October 1, 1990” for “October 1, 1985” in provisions preceding cl. (i), substituted “grantees and subgrantees” for “grantees” in two places in cl. (ii), and in provisions following cl. (ii) substituted “$10,780,000 for fiscal year 1986, $11,211,200 for fiscal year 1987, $11,659,648 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” for “$12,500,000 for fiscal year 1981, $14,000,000 for fiscal year 1982, $15,000,000 for fiscal year 1983, $11,500,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985”.
Subsec. (a)(3)(A). Pub. L. 99–194, § 111(b)(2)(A), substituted “October 1, 1990” for “October 1, 1985” and “$20,580,000 for fiscal year 1986, $21,403,200 for fiscal year 1987, $22,259,328 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” for “$27,000,000 for fiscal year 1981, $30,000,000 for fiscal year 1982, $32,500,000 for fiscal year 1983, $28,000,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985”.
Subsec. (a)(3)(B). Pub. L. 99–194, § 111(b)(2)(B), substituted “October 1, 1990” for “October 1, 1985” and “$19,600,000 for fiscal year 1986, $20,384,000 for fiscal year 1987, $21,199,360 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” for “$30,000,000 for fiscal year 1981, $33,000,000 for fiscal year 1982, $36,000,000 for fiscal year 1983, $20,000,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985”.
Subsec. (a)(3)(C). Pub. L. 99–194, § 111(b)(2)(C), substituted “either Chairperson” for “either Chairman” and “the Chairperson” for “he”.
Subsec. (a)(4). Pub. L. 99–194, § 111(b)(3), substituted “Chairperson” for “Chairman” wherever appearing.
Subsec. (c)(1). Pub. L. 99–194, § 111(c)(1), (3), substituted “$15,982,000 for fiscal year 1986, $16,205,280 for fiscal year 1987, $16,853,491 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” for “$14,000,000 for fiscal year 1981, $15,000,000 for fiscal year 1982, $16,000,000 for fiscal year 1983, $17,000,000 for fiscal year 1984, and $18,000,000 for fiscal year 1985” and “Chairperson” for “Chairman”.
Subsec. (c)(2). Pub. L. 99–194, § 111(c)(2), (3), substituted “$14,291,000 for fiscal year 1986, $14,446,640 for fiscal year 1987, $15,024,506 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990” for “$13,000,000 for fiscal year 1981, $14,500,000 for fiscal year 1982, $15,500,000 for fiscal year 1983, $16,500,000 for fiscal year 1984, and $17,500,000 for fiscal year 1985” and “Chairperson” for “Chairman”.
Subsecs. (d), (e). Pub. L. 99–194, § 111(d), added subsec. (d), redesignated former subsec. (d) as (e), and struck out “under this subchapter” after “No grant shall be made”.
1984—Subsec. (a)(1)(A). Pub. L. 98–306, § 7(a)(1)(A), substituted “$128,500,000 for fiscal year 1984, and such sums as may be necessary” for “$154,000,000 for fiscal year 1984, and $170,000,000”.
Subsec. (a)(1)(B). Pub. L. 98–306, § 7(a)(1)(B), substituted “$127,000,000 for fiscal year 1984, and such sums as may be necessary” for “$152,000,000 for fiscal year 1984, and $167,500,000”.
Subsec. (a)(2)(A). Pub. L. 98–306, § 7(a)(2)(A), substituted “$10,000,000 for fiscal year 1984, and such sums as may be necessary” for “$20,000,000 for fiscal year 1984, and $22,500,000”.
Subsec. (a)(2)(B). Pub. L. 98–306, § 7(a)(2)(B), substituted “$11,500,000 for fiscal year 1984, and such sums as may be necessary” for “$16,500,000 for fiscal year 1984, and $18,500,000”.
Subsec. (a)(3)(A). Pub. L. 98–306, § 7(a)(3)(A), substituted “$28,000,000 for fiscal year 1984, and such sums as may be necessary” for “$36,000,000 for fiscal year 1984, and $40,000,000”.
Subsec. (a)(3)(B). Pub. L. 98–306, § 7(a)(3)(B), substituted “$20,000,000 for fiscal year 1984, and such sums as may be necessary” for “$40,000,000 for fiscal year 1984, and $44,000,000”.
Subsec. (d). Pub. L. 98–306, § 7(b), inserted “under this subchapter”.
1980—Subsec. (a)(1)(A). Pub. L. 96–496, § 108(a), substituted “to the National Endowment for the Arts $115,500,000 for fiscal year 1981, $127,000,000 for fiscal year 1982, $140,000,000 for fiscal year 1983, $154,000,000 for fiscal year 1984, and $170,000,000 for fiscal year 1985” for “$93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980”.
Subsec. (a)(1)(B). Pub. L. 96–496, § 108(b), substituted “$114,500,000 for fiscal year 1981, $126,000,000 for fiscal year 1982, $138,500,000 for fiscal year 1983, $152,000,000 for fiscal year 1984, and $167,500,000 for fiscal year 1985” for “$93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980”.
Subsec. (a)(2). Pub. L. 96–496, § 108(c), substituted provisions authorizing appropriations for each fiscal year ending before Oct. 1, 1985, for the National Endowments for the Arts and for the Humanities for provisions authorizing appropriations for such endowments for each fiscal year ending prior to Oct. 1, 1980.
Subsec. (a)(3)(A). Pub. L. 96–496, § 108(d), substituted provisions authorizing appropriations for each fiscal year ending before Oct. 1, 1985, for the National Endowment for the Arts for provisions authorizing appropriations for such endowment for fiscal years ending before Oct. 1, 1980.
Subsec. (a)(3)(B). Pub. L. 96–496, § 108(e), substituted provisions authorizing appropriations for each fiscal year ending before Oct. 1, 1985, for the National Endowment for the Humanities for provisions authorizing appropriations for such endowment for fiscal years ending before Oct. 1, 1980.
Subsec. (a)(4). Pub. L. 96–496, § 108(f), substituted provisions authorizing the Chairmen of the National Endowments for the Arts and for the Humanities to issue guidelines for the implementation of the provisions of pars. (2) and (3) of this subsection for provisions authorizing and allocating appropriations for the National Endowment for the Arts for the purpose of carrying out subsec. (m) of section 954 of this title.
Subsec. (c). Pub. L. 96–496, § 108(g), substituted provisions authorizing specific appropriations for administrative expenses of the National Endowments for the Arts and for the Humanities for fiscal years 1981 to 1985 for provisions authorizing appropriations for administrative expenses of such endowments of such sums as were necessary.
1976—Subsec. (a)(1)(A). Pub. L. 94–462, § 106(a)(1)(A), substituted provisions authorizing appropriations of $93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as are necessary for fiscal years 1979 and 1980 to carry out section 954(c) of this title and such sums so appropriated for any fiscal year, not less than 20 per centum to carry out section 954(g) of this title for provisions authorizing appropriations of $54,000,000, $90,000,000, and $113,500,000 for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, respectively, to the National Endowment for the Arts to carry out section 954(c) of this title and to carry out section 954(g) of this title $11,000,000 for the fiscal year ending June 30, 1974 and requiring that not less than 20 per centum of funds appropriated for section 954(c) of this title may be used only for purpose of section 954(g) of this title for fiscal years ending June 30, 1975 and June 30, 1976.
Subsec. (a)(1)(B). Pub. L. 94–462, § 106(a)(1)(B), substituted provisions authorizing appropriations of $93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980, not less than 20 per centum of such appropriated funds shall be to carry out section 956(f) of this title for provisions authorizing appropriations of $65,000,000 for the fiscal year ending June 30, 1974, $90,000,000 for the fiscal year ending June 30, 1975, and $113,500,000 for the fiscal year ending June 30, 1976.
Subsec. (a)(1)(C). Pub. L. 94–555 added subpar. (C).
Subsec. (a)(2). Pub. L. 94–462, § 106(a)(2), substituted “October 1, 1980” for “July 1, 1976” and provisions authorizing appropriations not to exceed $20,000,000 for fiscal year 1977, $25,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980 for provisions authorizing appropriations not to exceed $15,000,000 for fiscal year ending June 30, 1974, $20,000,000 for fiscal year ending June 30, 1975, and $25,000,000 for fiscal year ending June 30, 1976.
Subsec. (a)(3), (4). Pub. L. 94–462, §§ 302, 401(b), added pars. (3) and (4).
Subsec. (c). Pub. L. 94–462, § 106(a)(3), inserted reference to any program for which the Chairman of the National Endowment for the Arts or the Chairman of the National Endowment for the Humanities is responsible.
1973—Subsec. (a)(1). Pub. L. 93–133 incorporated into subpar. (A) provisions relating to the authorization of appropriation for carrying out section 954(c) of this title, substituted authorization of appropriation for fiscal years ending June 30, 1974, 1975, 1976 for such authorization for fiscal years 1969 through 1973, and inserted provisions for authorization of appropriation for carrying out section 954(g) of this title, and, in subpar. (B), incorporated provisions of former subsec. (a) relating to authorization of appropriation for carrying out section 956(c) of this title, and substituted authorization of appropriation for fiscal years ending June 30, 1974, 1975, and 1976, for such authorization for 1969 through 1973.
Subsec. (a)(2). Pub. L. 93–133 incorporated provisions of former subsec. (b) relating to matching grants and substituted new limitations for fiscal years ending June 30, 1974, 1975, and 1976 for such limitations for 1969 through 1973.
Subsec. (b)(1). Pub. L. 93–133 incorporated provisions formerly contained in subsecs. (a) and (b) relating to the availability of unexpended appropriated funds.
Subsec. (b)(2). Pub. L. 93–133 added par. (2).
1970—Subsec. (a). Pub. L. 91–346, §§ 5(a)(4), 12(a), struck out reference to the functions transferred by section 955(a) of this title, added appropriations to the National Endowment for the Arts of $12,875,000, $21,000,000, and $28,625,000 for the fiscal years ending June 30, 1971, 1972, and 1973, respectively, for the purpose of carrying out section 954(c) of this title, and $4,125,000, $5,500,000, and $6,875,000 for the fiscal years ending June 30, 1971, 1972, and 1973, respectively, for the purposes of section 954(h) of this title, and further appropriated to the National Endowment for the Humanities $17,000,000, $26,500,000, $35,500,000 for the fiscal years ending June 30, 1971, 1972, and 1973, respectively, for the purpose of carrying out section 956(c) of this title.
Subsec. (b). Pub. L. 91–346, § 12(b), placed limitation on appropriation to each Endowment based on an amount equal to the total of amounts received by each Endowment under section 959(a)(2) of this title by placing ceilings of $6,000,000, $7,000,000, and $9,000,000 on the amounts appropriated for the fiscal years ending June 30, 1971, 1972, and 1973, respectively.
1968—Subsec. (a). Pub. L. 90–348, § 6(a), substituted provisions which authorized for the enumerated purposes appropriations totaling $8,000,000 for the fiscal year ending June 30, 1969, and $9,000,000 for the fiscal year ending June 30, 1970 to both the National Endowment for the Arts and the National Endowment for the Humanities, and which authorized the Congress to appropriate funds for subsequent fiscal years for provisions which authorized for grants to groups and individuals for projects and productions, for grants for activities authorized by the Chairman of the National Endowment for the Humanities, and for the functions of the National Council on the Arts in the National Endowment for the Arts appropriations of $10,000,000 for the fiscal year ending June 30, 1966, and each of the two succeeding fiscal years, and that the funds appropriated be equally divided between the Endowments of the Foundation.
Subsec. (b). Pub. L. 90–348, § 6(b), substituted provisions authorizing appropriations not to exceed $13,500,000 for the fiscal years ending June 30, 1969, and June 30, 1970, and authorizing the Congress to appropriate funds for subsequent fiscal years for provisions authorizing appropriations for the National Endowment for the Arts not to exceed $2,250,000 for any fiscal year, and authorizing appropriations for the National Endowment for the Humanities not to exceed $5,000,000 for any fiscal year.
Subsecs. (c) to (e). Pub. L. 90–348, § 6(c), (d), struck out subsec. (c) which authorized appropriations for the National Endowment for the Arts for each fiscal year, beginning with the fiscal year beginning on July 1, 1966, of $2,750,000, and redesignated subsecs. (d) and (e) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403] of Pub. L. 101–512, set out as a note under section 951 of this title.

Effective Date of 1976 AmendmentsAmendment by Pub. L. 94–555 effective Oct. 1, 1976, see section 303 of Pub. L. 94–555, set out as a note under section 702 of Title 45, Railroads.
Pub. L. 94–462, title I, § 106(b), Oct. 8, 1976, 90 Stat. 1975, provided that: “The amendments made by subsection (a) [amending this section] shall be effective with respect to fiscal year 1977 and succeeding fiscal years.”

Effective Date of 1973 AmendmentAmendment by Pub. L. 93–133 effective on and after July 1, 1973, see section 2(b) of Pub. L. 93–133, set out as a note under section 951 of this title.

Effective Date of 1970 AmendmentAmendment by section 5(a)(4) of Pub. L. 91–346 effective after June 30, 1970, see section 5(d)(3)(A) of Pub. L. 91–346, set out as a note under section 955 of this title.

SUBCHAPTER II—MUSEUM SERVICES
§§ 961 to 969. Omitted
Editorial Notes
Codification
The Museum Services Act (Pub. L. 94–462, title II, Oct. 8, 1976, 90 Stat. 1975, as amended), which was classified to this subchapter (§§ 961 to 963 and 964 to 969), was amended generally by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–293, and transferred to chapter 72 (§ 9101 et seq.) of this title.
Section 961, Pub. L. 94–462, title II, § 202, Oct. 8, 1976, 90 Stat. 1975, related to declaration of purpose of this subchapter.
A prior section 961, Pub. L. 89–209, § 12, Sept. 29, 1965, 79 Stat. 854; Pub. L. 90–575, title V, § 501, Oct. 16, 1968, 82 Stat. 1061, related to State educational agencies’ acquisition of equipment, remodeling of laboratories, and making loans to strengthen instruction in the humanities and the arts, providing in: subsec. (a) appropriations authorization; subsec. (b) reservation, allotment and reallotment of funds as provided in section 442(a) and (c) of this title; subsec. (c) State plan, submission, requirements, terms and conditions; subsec. (d) approval of State plan by Commissioner, application of section 584(b) and (c) of this title; subsec. (e) payments to States as provided in section 444 of this title; and subsec. (f) administration of loans to schools as provided in section 445 of this title, prior to repeal by Pub. L. 91–230, title VIII, § 807(b), Apr. 13, 1970, 84 Stat. 192.
Section 962, Pub. L. 94–462, title II, § 203, Oct. 8, 1976, 90 Stat. 1975; Pub. L. 96–496, title II, § 201(a), Dec. 4, 1980, 94 Stat. 2591; Pub. L. 98–306, § 8, May 31, 1984, 98 Stat. 225, related to establishment of Institute of Museum Services, within National Foundation on Arts and Humanities, consisting of National Museum Services Board and Director of Institute. See sections 9102 and 9103 of this title.
A prior section 962, Pub. L. 89–209, § 13, Sept. 29, 1965, 79 Stat. 855, provided for appropriation to Commissioner of Education of funds for grants and contracts for operation of institutes to strengthen teaching of humanities and the arts, prior to repeal by Pub. L. 93–133, § 2(a)(12), Oct. 19, 1973, 87 Stat. 465.
Section 963, Pub. L. 94–462, title II, § 204, Oct. 8, 1976, 90 Stat. 1975; Pub. L. 96–496, title II, § 201(b), Dec. 4, 1980, 94 Stat. 2592; Pub. L. 98–306, § 9, May 31, 1984, 98 Stat. 225; Pub. L. 99–194, title II, § 201, Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101–512, title III, § 318 [title II, § 201], Nov. 5, 1990, 104 Stat. 1960, 1974, related to membership, meetings, and functions of National Museum Service Board, and appointment and compensation of Board members.
A prior section 963, Pub. L. 89–209, § 14, Sept. 29, 1965, 79 Stat. 855, requested President to make appointments within ninety days after Sept. 29, 1965, prior to repeal by Pub. L. 93–133, § 2(a)(12), Oct. 19, 1973, 87 Stat. 465.
Section 963a, Pub. L. 98–146, title II, Nov. 4, 1983, 97 Stat. 949, which directed that persons serving on Museum Services Board continue until their successors are qualified for office, was omitted as superseded by former section 963(b) of this title as amended by Pub. L. 98–306. Similar provisions were contained in Pub. L. 97–394, title II, Dec. 30, 1982, 96 Stat. 1994.
Section 964, Pub. L. 94–462, title II, § 205, Oct. 8, 1976, 90 Stat. 1976; Pub. L. 96–496, title II, § 201(c), Dec. 4, 1980, 94 Stat. 2592; Pub. L. 98–306, § 10, May 31, 1984, 98 Stat. 225; Pub. L. 99–194, title II, § 202, Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101–512, title III, § 318 [title II, § 202(a)(1), (b)], Nov. 5, 1990, 104 Stat. 1960, 1974, 1975, related to appointment, compensation, and functions of Director of Institute. See section 9103 of this title.
Section 965, Pub. L. 94–462, title II, § 206, Oct. 8, 1976, 90 Stat. 1977; Pub. L. 96–496, title II, § 201(d), Dec. 4, 1980, 94 Stat. 2592; Pub. L. 101–512, title III, § 318 [title II, § 203], Nov. 5, 1990, 104 Stat. 1960, 1975, authorized Director, subject to policy direction of Board, to make grants to museums to increase and improve services through specified activities. See section 9173 of this title.
Section 966, Pub. L. 94–462, title II, § 207, Oct. 8, 1976, 90 Stat. 1977, related to authority of Institute to accept contributions. See section 9106 of this title.
Section 967, Pub. L. 94–462, title II, § 209, Oct. 8, 1976, 90 Stat. 1978; Pub. L. 96–496, title I, § 201(e), Dec. 4, 1980, 94 Stat. 2593; Pub. L. 98–306, § 11, May 31, 1984, 98 Stat. 225; Pub. L. 99–194, title II, § 203, Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101–512, title III, § 318 [title II, §§ 204, 205(b)], Nov. 5, 1990, 104 Stat. 1960, 1975, 1976, authorized appropriations for purpose of making grants under section 965(a) of this title and for administering provisions of this subchapter. See section 9176 of this title.
Section 968, Pub. L. 94–462, title II, § 210, Oct. 8, 1976, 90 Stat. 1978, defined “Board”, “Director”, “Institute”, and “museum” for purposes of this subchapter. See sections 9101 and 9172 of this title.
Section 969, Pub. L. 94–462, title II, § 211, as added Pub. L. 101–512, title III, § 318 [title II, § 205 [(a)]], Nov. 5, 1990, 104 Stat. 1960, 1975, related to assessment of needs of small, emerging, minority, and rural museums.

Statutory Notes and Related Subsidiaries
Short TitlePub. L. 94–462, title II, § 201, Oct. 8, 1976, 90 Stat. 1975, which provided that title II of Pub. L. 94–462, which enacted this subchapter and amended section 958 of this title, could be cited as the “Museum Services Act”, was omitted in the general amendment of title II by Pub. L. 104–208. See chapter 72 (§ 9101 et seq.) of this title.

CHAPTER 26A—INDEMNITY FOR EXHIBITIONS OF ARTS AND ARTIFACTS

Sec.

971.Agreements to indemnify against loss or damage.

972.Items eligible for indemnity agreements.

973.Application for indemnity agreements.

974.Indemnity limits.

975.Claims for losses.

976.Authorization of appropriations.

977.Omitted.

§ 971. Agreements to indemnify against loss or damage(a) Authorization of Federal Council on the Arts and HumanitiesThe Federal Council on the Arts and Humanities (hereinafter in this chapter referred to as the “Council”), established under section 958 of this title, is authorized to make agreements to indemnify against loss or damage such items as may be eligible for such indemnity agreements under section 972 of this title—(1) in accordance with the provisions of this chapter; and

(2) on such terms and conditions as the Council shall prescribe, by regulation, in order to achieve the purposes of this chapter and, consistent with such purposes, to protect the financial interest of the United States.

(b) Council as “agency”(1) For purposes of this chapter, the Council shall be an “agency” within the meaning of the appropriate definitions of such term in title 5.

(2) For purposes of this chapter, the Secretary of the Smithsonian Institution, the Director of the National Gallery of Art, the member designated by the Chairman of the Senate Commission of Art and Antiquities and the member designated by the Speaker of the House of Representatives shall not serve as members of the Council.

(Pub. L. 94–158, § 2, Dec. 20, 1975, 89 Stat. 844; Pub. L. 99–194, title III, § 301, Dec. 20, 1985, 99 Stat. 1345.)

Editorial Notes
Amendments1985—Subsec. (b). Pub. L. 99–194 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries
Effective DatePub. L. 94–158, § 9, Dec. 20, 1975, 89 Stat. 846, provided that: “This Act [see Short Title note below] shall become effective 30 days after the date of the enactment of this Act [Dec. 20, 1975].”

Short TitlePub. L. 94–158, § 1, Dec. 20, 1975, 89 Stat. 844, provided that: “This Act [enacting this chapter and provisions set out as a note under this section] may be cited as the ‘Arts and Artifacts Indemnity Act’.”

§ 972. Items eligible for indemnity agreements(a) Works of art; printed or published materials; other artifacts or objects; photographs, motion pictures, or tapesThe Council may make an indemnity agreement under this chapter with respect to—(1) works of art, including tapestries, paintings, sculpture, folk art, graphics, and craft arts;

(2) manuscripts, rare documents, books, and other printed or published materials;

(3) other artifacts or objects; and

(4) photographs, motion pictures, or audio and video tape;

which are (A) of educational, cultural, historical, or scientific value, and (B) in the case of international exhibitions, certified by the Secretary of State or his designee as being in the national interest.

(b) Extension of coverage; “on exhibition” defined(1) An indemnity agreement made under this chapter shall cover eligible items while on exhibition in the United States or elsewhere preferably when part of an exchange of exhibitions.

(2) For purposes of this subsection, the term “on exhibition” includes that period of time beginning on the date the eligible items leave the premises of the lender or place designated by the lender and ending on the date such items are returned to the premises of the lender or place designated by the lender.

(Pub. L. 94–158, § 3, Dec. 20, 1975, 89 Stat. 844; Pub. L. 99–194, title III, § 302(a), Dec. 20, 1985, 99 Stat. 1345; Pub. L. 110–161, div. F, title IV, § 426(1), Dec. 26, 2007, 121 Stat. 2151.)

Editorial Notes
Amendments2007—Subsec. (a). Pub. L. 110–161 substituted “(B) in the case of international exhibitions,” for “(B) the exhibition of which is” in concluding provisions.
1985—Subsec. (b)(1). Pub. L. 99–194, which directed the substitution of “or elsewhere preferably when part of an exchange of exhibitions” for “, or elsewhere when part of an exchange of exhibitions, but in no case shall both parts of such an exhibition be so covered” was executed by making the substitution for “, or elsewhere when part of an exchange of exhibitions, but in no case shall both parts of such an exchange be so covered”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentPub. L. 99–194, title III, § 302(b), Dec. 20, 1985, 99 Stat. 1345, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to any exhibition which is certified under section 3(a) of the Arts and Artifacts Indemnity Act [subsec. (a) of this section] after the date of enactment of this Act [Dec. 20, 1985].”

§ 973. Application for indemnity agreements(a) PartiesAny person, nonprofit agency, institution, or government desiring to make an indemnity agreement for eligible items under this chapter shall make application therefor in accordance with such procedures, in such form, and in such manner as the Council shall, by regulation, prescribe.

(b) ContentsAn application under subsection (a) shall—(1) describe each item to be covered by the agreement (including an estimated value of such item);

(2) show evidence that the items are eligible under section 972(a) of this title; and

(3) set forth policies, procedures, techniques, and methods with respect to preparation for, and conduct of, exhibition of the items, and any transportation related to such items.

(c) ApprovalUpon receipt of an application under this section, the Council shall, if such application conforms with the requirements of this chapter, approve the application and make an indemnity agreement with the applicant. Upon such approval, the agreement shall constitute a contract between the Council and the applicant pledging the full faith and credit of the United States to pay any amount for which the Council becomes liable under such agreement. The Council, for such purpose, is hereby authorized to pledge the full faith and credit of the United States.

(Pub. L. 94–158, § 4, Dec. 20, 1975, 89 Stat. 845.)

§ 974. Indemnity limits(a) Approval of estimated valuesUpon receipt of an application meeting the requirements of subsections (a) and (b) of section 973 of this title, the Council shall review the estimated value of the items for which coverage by an indemnity agreement is sought. If the Council agrees with such estimated value, for the purposes of this chapter, the Council shall, after approval of the application as provided in subsection (c) of section 973 of this title, make an indemnity agreement.

(b) Maximum limits of coverageThe aggregate of loss or damage covered by indemnity agreements made under this chapter shall not exceed $15,000,000,000 at any one time for international exhibitions, and $7,500,000,000 at any one time for domestic exhibitions.

(c) Limit for single exhibitionNo indemnity agreement for a single exhibition shall cover loss or damage in excess of $1,800,000,000 for international exhibitions, or $1,000,000,000 for domestic exhibitions.

(d) Deductible limitIf the estimated value of the items covered by an indemnity agreement for a single exhibition is—(1) $2,000,000 or less, then coverage under this chapter shall extend only to loss or damage in excess of the first $15,000 of loss or damage to items covered;

(2) more than $2,000,000 but less than $10,000,000 then coverage under this chapter shall extend only to loss or damage in excess of the first $25,000 of loss or damage to items covered;

(3) not less than $10,000,000 but less than $125,000,000, then coverage under this chapter shall extend to loss or damage in excess of the first $50,000 of loss or damage to items covered;

(4) not less than $125,000,000 but less than $200,000,11 So in original. Probably should be “$200,000,000,”. then coverage under this chapter shall extend to loss or damage in excess of the first $100,000 of loss or damage to items covered;

(5) not less than $200,000,000 but less than $300,000,000, then coverage under the 22 So in original. Probably should be “this”. chapter shall extend only to loss or damage in excess of the first $200,000, of loss or damage to items covered;

(6) not less than $300,000,000 but less than $400,000,000, then coverage under this chapter shall extend only to loss or damage in excess of the first $300,000 of loss or damage to items covered;

(7) not less than $400,000,000 but less than $500,000,000, then coverage under this chapter shall extend only to loss or damage in excess of the first $400,000 of loss or damage to items covered; or

(8) $500,000,000 or more, then coverage under this chapter shall extend only to loss or damage in excess of the first $500,000 of loss or damage to items covered.

(Pub. L. 94–158, § 5, Dec. 20, 1975, 89 Stat. 845; Pub. L. 96–496, title III, §§ 301, 302, Dec. 4, 1980, 94 Stat. 2593; Pub. L. 99–194, title III, § 303, Dec. 20, 1985, 99 Stat. 1345; Pub. L. 100–202, § 101(g) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–213, 1329–249; Pub. L. 101–512, title III, § 318 [title III, § 301], Nov. 5, 1990, 104 Stat. 1960, 1976; Pub. L. 105–277, div. A, § 101(e) [title III, § 333], Oct. 21, 1998, 112 Stat. 2681–231, 2681–294; Pub. L. 108–81, title V, § 501, Sept. 25, 2003, 117 Stat. 1003; Pub. L. 109–54, title IV, § 427, Aug. 2, 2005, 119 Stat. 555; Pub. L. 110–161, div. F, title IV, § 426(2), (3), Dec. 26, 2007, 121 Stat. 2151; Pub. L. 113–235, div. F, title IV, § 416, Dec. 16, 2014, 128 Stat. 2448.)

Editorial Notes
Amendments2014—Subsec. (b). Pub. L. 113–235, § 416(1), substituted “$15,000,000,000” for “$10,000,000,000” and “$7,500,000,000” for “$5,000,000,000”.
Subsec. (c). Pub. L. 113–235, § 416(2), substituted “$1,800,000,000” for “$1,200,000,000” and “$1,000,000,000” for “$750,000,000”.
2007—Subsec. (b). Pub. L. 110–161, § 426(2), inserted “for international exhibitions, and $5,000,000,000 at any one time for domestic exhibitions” before period at end.
Subsec. (c). Pub. L. 110–161, § 426(3), inserted “for international exhibitions, or $750,000,000 for domestic exhibitions” before period at end.
2005—Subsec. (b). Pub. L. 109–54, § 427(1), substituted “$10,000,000,000” for “8,000,000,000”.
Subsec. (c). Pub. L. 109–54, § 427(2), substituted “$1,200,000,000” for “$600,000,000”.
2003—Subsec. (b). Pub. L. 108–81, § 501(1), substituted “$8,000,000,000” for “$5,000,000,000”.
Subsec. (c). Pub. L. 108–81, § 501(2), substituted “$600,000,000” for “$500,000,000”.
Subsec. (d)(7), (8). Pub. L. 108–81, § 501(3), added pars. (7) and (8) and struck out former par. (7) which read as follows: “$400,000,000 or more, then coverage under this chapter shall extend only to loss or damage in excess of the first $400,000 of loss or damage to items covered.”
1998—Subsec. (b). Pub. L. 105–277, § 101(e) [title III, § 333(1)], substituted “$5,000,000,000” for “$3,000,000,000”.
Subsec. (c). Pub. L. 105–277, § 101(e) [title III, § 333(2)], substituted “$500,000,000” for “$300,000,000”.
Subsec. (d)(4). Pub. L. 105–277, § 101(e) [title III, § 333(3)], struck out “or” at end.
Subsec. (d)(5). Pub. L. 105–277, § 101(e) [title III, § 333(4)], substituted “not less than $200,000,000 but less than $300,000,000” for “$200,000,000 or more” and substituted semicolon for period at end.
Subsec. (d)(6), (7). Pub. L. 105–277, § 101(e) [title III, § 333(5)], added pars. (6) and (7).
1990—Subsec. (b). Pub. L. 101–512, § 318 [title III, § 301(a)], substituted “$3,000,000,000” for “$1,200,000,000”.
Subsec. (c). Pub. L. 101–512, § 318 [title III, § 301(b)(1)], substituted “$300,000,000” for “$125,000,000”.
Subsec. (d)(3). Pub. L. 101–512, § 318 [title III, § 301(b)(2)(B)], amended par. (3) generally. Prior to amendment, par. (3) read as follows: “$10,000,000 or more, then coverage under this chapter shall extend only to loss or damage in excess of the first $50,000 of loss or damage to items covered.”
Subsec. (d)(4), (5). Pub. L. 101–512, § 318 [title III, § 301(b)(2)(A), (C)], added pars. (4) and (5).
1987—Subsec. (b). Pub. L. 100–202 substituted “$1,200,000,000” for “$650,000,000”.
Subsec. (c). Pub. L. 100–202 substituted “$125,000,000” for “$75,000,000”.
1985—Subsec. (b). Pub. L. 99–194, § 303(a), substituted “$650,000,000” for “$400,000,000”.
Subsec. (c). Pub. L. 99–194, § 303(b), substituted “$75,000,000” for “$50,000,000”.
1980—Subsec. (b). Pub. L. 96–496, § 301, substituted “$400,000,000” for “$250,000,000”.
Subsec. (d). Pub. L. 96–496, § 302, substituted provisions relating to deductible amounts under indemnity agreements for provisions limiting coverage under this chapter to loss or damage in excess of the first $15,000 resulting from a single exhibition.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–512 effective Oct. 1, 1990, see section 318 [title IV, § 403(b)] of Pub. L. 101–512, set out as a note under section 951 of this title.

§ 975. Claims for losses(a) Regulations for prompt adjustmentThe Council shall prescribe regulations providing for prompt adjustment of valid claims for losses which are covered by an agreement made pursuant to section 974 of this title, including provision for arbitration of issues relating to the dollar value of damages involving less than total loss or destruction of such covered objects.

(b) CertificationIn the case of a claim of loss with respect to an item which is covered by an agreement made pursuant to section 974 of this title, the Council shall certify the validity of the claim and the amount of the loss to the Speaker of the House of Representatives and the President pro tempore of the Senate.

(Pub. L. 94–158, § 6, Dec. 20, 1975, 89 Stat. 845.)

§ 976. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary (1) to enable the Council to carry out its functions under this chapter, and (2) to pay claims certified pursuant to section 975(b) of this title.
(Pub. L. 94–158, § 7, Dec. 20, 1975, 89 Stat. 846.)

§ 977. Omitted
Editorial Notes
Codification
Section, Pub. L. 94–158, § 8, Dec. 20, 1975, 89 Stat. 846, which required the Federal Council on the Arts and Humanities to report annually to Congress on claims actually paid and pending claims against the Council under this chapter and the aggregate face value of contracts made by the Council which are outstanding, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 167 of House Document No. 103–7.

CHAPTER 27—NATIONAL VOCATIONAL STUDENT LOAN INSURANCE
§§ 981 to 996. Repealed. Pub. L. 90–575, title I, § 116(c)(1), Oct. 16, 1968, 82 Stat. 1024

Section 981, Pub. L. 89–287, § 2, Oct. 22, 1965, 79 Stat. 1037; Pub. L. 90–460, § 2(d)(3), Aug. 3, 1968, 82 Stat. 634, set forth Congressional declaration of purpose for the chapter and authorized appropriations to carry out such purpose.

Section 981 note, Pub. L. 89–287, § 1, Oct. 22, 1965, 79 Stat. 1037, provided that Pub. L. 89–287, which enacted this chapter, be cited as the National Vocational Loan Insurance Act of 1965.

Section 982, Pub. L. 89–287, § 3, Oct. 22, 1965, 79 Stat. 1037, authorized Commissioner to make advances to State and nonprofit private loan insurance programs.

Section 983, Pub. L. 89–287, § 4, Oct. 22, 1965, 79 Stat. 1038, prohibited Commissioner from issuing certificates of insurance to lenders in States having adequate non-Federal loan insurance programs.

Section 984, Pub. L. 89–287, § 5, Oct. 22, 1965, 79 Stat. 1038; Pub. L. 90–460, § 1(b)(1), Aug. 3, 1968, 82 Stat. 634, set forth scope and duration of loan insurance program of this chapter.

Section 985, Pub. L. 89–287, § 6, Oct. 22, 1965, 79 Stat. 1039, limited annual and aggregate amounts available to individuals as loans and covered by insurance under this chapter.

Section 986, Pub. L. 89–287, § 7, Oct. 22, 1965, 79 Stat. 1039, provided for insurance coverage for loans made by eligible lenders, regardless of source of such loaned funds.

Section 987, Pub. L. 89–287, § 8, Oct. 22, 1965, 79 Stat. 1039; Pub. L. 90–460, § 2(c)(1), Aug. 3, 1968, 82 Stat. 634, set forth prerequisites of student eligibility and terms and conditions of note executed by student.

Section 988, Pub. L. 89–287, § 9, Oct. 22, 1965, 79 Stat. 1041; Pub. L. 90–460, §§ 1(b)(2), 2(c)(2), (d), Aug. 3, 1968, 82 Stat. 634, provided for reduction of student interest costs by Federal payments.

Section 989, Pub. L. 89–287, § 10, Oct. 22, 1965, 79 Stat. 1043, Pub. L. 90–460, § 1(b)(3), Aug. 3, 1968, 82 Stat. 634, authorized Commissioner to make direct loans to students residing in areas where loans insurable under this chapter are unavailable.

Section 990, Pub. L. 89–287, § 11, Oct. 22, 1965, 79 Stat. 1043, provided for certificates of insurance to be issued to eligible lenders.

Section 991, Pub. L. 89–287, § 12, Oct. 22, 1965, 79 Stat. 1045, set forth procedure for collection in case of default, death, or disability of student borrower.

Section 992, Pub. L. 89–287, § 13, Oct. 22, 1965, 79 Stat. 1046, established Vocational Student Loan Insurance Fund.

Section 993, Pub. L. 89–287, § 14, Oct. 22, 1965, 79 Stat. 1047, enumerated powers and duties of Commissioner with respect to carrying out purposes of this chapter.

Section 994, Pub. L. 89–287, § 15, Oct. 22, 1965, 79 Stat. 1048, established Advisory Council on Insured Loans to Vocational Students in the Office of Education.

Section 995, Pub. L. 89–287, § 16, Oct. 22, 1965, 79 Stat. 1048, authorized Federal credit unions to make insured loans to student members.

Section 996, Pub. L. 89–287, § 17, Oct. 22, 1965, 79 Stat. 1048, defined “eligible institution”, “eligible lender”, “line of credit”, “State”, “Secretary”, and “Commissioner”.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable to loans made on or after the 60th day after Oct. 16, 1968, see section 116(e) of Pub. L. 90–575.

Transfer of Assets and Liabilities of the Vocational Student Loan Insurance FundPub. L. 90–575, title I, § 116(c)(2), Oct. 16, 1968, 82 Stat. 1024, provided that: “All assets and liabilities of the vocational student loan insurance fund established by section 13 of the National Vocational Student Loan Insurance Act of 1965 [section 992 of this title], matured or contingent, shall be transferred to, and become assets and liabilities of, the student loan insurance fund established by section 431 of the Higher Education Act of 1965 [section 1081 of this title]. Payments in connection with defaults of loans made on or after the sixtieth day after the date of enactment of this Act [Oct. 16, 1968] and insured by the Commissioner (under the authority of subsection (e)(3) or (e)(4) of this section [set out as a note under section 1083 of this title]) under the National Vocational Student Loan Insurance Act of 1965 [sections 981 to 996 of this title] shall be paid out of the fund established by such section 431.”

CHAPTER 28—HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

SUBCHAPTER I—GENERAL PROVISIONS

Part A—Definitions

Sec.

1001.General definition of institution of higher education.

1002.Definition of institution of higher education for purposes of student assistance programs.

1003.Additional definitions.

Part B—Additional General Provisions

1011.Antidiscrimination.

1011a.Protection of student speech and association rights.

1011b.Territorial waiver authority.

1011c.National Advisory Committee on Institutional Quality and Integrity.

1011d.Student representation.

1011e.Financial responsibility of foreign students.

1011f.Disclosures of foreign gifts.

1011g.Application of peer review process.

1011h.Binge drinking on college campuses.

1011i.Drug and alcohol abuse prevention.

1011j.Prior rights and obligations.

1011k.Recovery of payments.

1011l.Diploma mills.

1011m.Certification regarding the use of certain Federal funds.

Part C—Cost of Higher Education

1015.Improvements in market information and public accountability in higher education.

1015a.Transparency in college tuition for consumers.

1015b.Textbook information.

1015c.Database of student information prohibited.

1015d.In-State tuition rates for members of the armed forces on active duty, spouses, and dependent children.

1015e.State higher education information system pilot program.

1015f.State commitment to affordable college education.

Part D—Administrative Provisions for Delivery of Student Financial Assistance

1018.Performance-Based Organization for delivery of Federal student financial assistance.

1018a.Procurement flexibility.

1018b.Administrative simplification of student aid delivery.

Part E—Lender and Institution Requirements Relating to Education Loans

1019.Definitions.

1019a.Responsibilities of covered institutions, institution-affiliated organizations, and lenders.

1019b.Loan information to be disclosed and model disclosure form for covered institutions, institution-affiliated organizations, and lenders participating in preferred lender arrangements.

1019c.Loan information to be disclosed and model disclosure form for institutions participating in the William D. Ford Federal Direct Loan Program.

1019d.Self-certification form for private education loans.

SUBCHAPTER II—TEACHER QUALITY ENHANCEMENT

1021.Definitions.

Part A—Teacher Quality Partnership Grants

1022.Purposes.

1022a.Partnership grants.

1022b.Administrative provisions.

1022c.Accountability and evaluation.

1022d.Accountability for programs that prepare teachers.

1022e.Teacher development.

1022f.State functions.

1022g.General provisions.

1022h.Authorization of appropriations.

Part B—Enhancing Teacher Education

1031.Authorization of appropriations.

subpart 1—preparing teachers for digital age learners

1032.Program authorized.

1032a.Uses of funds.

1032b.Application requirements.

1032c.Evaluation.

subpart 2—honorable augustus f. hawkins centers of excellence

1033.Definitions.

1033a.Augustus F. Hawkins centers of excellence.

subpart 3—preparing general education teachers to more effectively educate students with disabilities

1034.Teach to reach grants.

subpart 4—adjunct teacher corps

1035.Adjunct teacher corps.

subpart 5—graduate fellowships to prepare faculty in high-need areas at colleges of education

1036.Graduate fellowships to prepare faculty in high-need areas at colleges of education.

Part C—General Provisions

1041.Limitations.

SUBCHAPTER III—INSTITUTIONAL AID

1051.Findings and purpose.

Part A—Strengthening Institutions

1057.Program purpose.

1058.Definitions; eligibility.

1059.Duration of grant.

1059a.Applications.

1059b.Goals for financial management and academic program.

1059c.American Indian tribally controlled colleges and universities.

1059d.Alaska Native and Native Hawaiian-serving institutions.

1059e.Predominantly Black Institutions.

1059f.Native American-serving, nontribal institutions.

1059g.Asian American and Native American Pacific Islander-serving institutions.

Part B—Strengthening Historically Black Colleges and Universities

1060.Findings and purposes.

1061.Definitions.

1062.Grants to institutions.

1063.Allotments to institutions.

1063a.Applications.

1063b.Professional or graduate institutions.

1063c.Reporting and audit requirements.

1063d.Strengthening HBCUS through Federal agency plans.

1063e.President’s Board of Advisors on HBCUS.

Part C—Endowment Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B

1064.Repealed.

1065.Endowment challenge grants.

Part D—Historically Black College and University Capital Financing

1066.Findings.

1066a.Definitions.

1066b.Federal insurance for bonds.

1066c.Limitations on Federal insurance for bonds issued by designated bonding authority.

1066d.Authority of Secretary.

1066e.Repealed.

1066f.HBCU Capital Financing Advisory Board.

1066g.Minority business enterprise utilization.

Part E—Minority Science and Engineering Improvement Program

subpart 1—minority science and engineering improvement program

1067.Findings.

1067a.Purpose; authority.

1067b.Grant recipient selection.

1067c.Use of funds.

1067d.Repealed.

subpart 2—programs in stem fields

1067e.YES partnerships grant program.

1067e–1.Promotion of entry into STEM fields.

1067e–2.Evaluation and accountability plan.

subpart 3—administrative and general provisions

1067g.Eligibility for grants.

1067h.Grant application.

1067i.Cross program and cross agency cooperation.

1067j.Administrative provisions.

1067k.Definitions.

1067l.Repealed.

Part F—Strengthening Historically Black Colleges and Universities and Other Minority-Serving Institutions

1067q.Investment in historically Black colleges and universities and other minority-serving institutions.

Part G—General Provisions

1068.Applications for assistance.

1068a.Waiver authority and reporting requirement.

1068b.Application review process.

1068c.Cooperative arrangements.

1068d.Assistance to institutions under other programs.

1068e.Limitations.

1068f.Penalties.

1068g.Continuation awards.

1068h.Authorization of appropriations.

SUBCHAPTER IV—STUDENT ASSISTANCE

Part A—Grants to Students in Attendance at Institutions of Higher Education

1070.Statement of purpose; program authorization.

subpart 1—federal pell grants

1070a.Federal Pell Grants: amount and determinations; applications.

1070a–1.Omitted.

1070a–2 to 1070a–6.Repealed.

subpart 2—federal early outreach and student services programs

Division 1—Federal TRIO Programs

1070a–11.Program authority; authorization of appropriations.

1070a–12.Talent search.

1070a–13.Upward bound.

1070a–14.Student support services.

1070a–15.Postbaccalaureate achievement program authority.

1070a–16.Educational opportunity centers.

1070a–17.Staff development activities.

1070a–18.Reports, evaluations, and grants for project improvement and dissemination.

Division 2—Gaining Early Awareness and Readiness for Undergraduate Programs

1070a–21.Early intervention and college awareness program authorized.

1070a–22.Requirements.

1070a–23.Applications.

1070a–24.Activities.

1070a–25.Scholarship component.

1070a–26.21st Century Scholar Certificates.

1070a–27.Evaluation and report.

1070a–28.Authorization of appropriations.

Division 3—Academic Achievement Incentive Scholarships

1070a–31 to 1070a–35.Repealed.

Division 4—Model Program Community Partnership and Counseling Grants

1070a–41 to 1070a–43.Repealed.

Division 5—Public Information

1070a–51 to 1070a–53.Repealed.

Division 6—National Student Savings Demonstration Program

1070a–61.Repealed.

Division 7—Preeligibility Form

1070a–71.Repealed.

Division 8—Technical Assistance for Teachers and Counselors

1070a–81.Repealed.

subpart 3—federal supplemental educational opportunity grants

1070b.Purpose; appropriations authorized.

1070b–1.Amount and duration of grants.

1070b–2.Agreements with institutions; selection of recipients.

1070b–3.Allocation of funds.

1070b–4.Carryover and carryback authority.

subpart 4—leveraging educational assistance partnership program

1070c.Purpose; appropriations authorized.

1070c–1.Allotment among States.

1070c–2.Applications for leveraging educational assistance partnership programs.

1070c–3.Administration of State programs; judicial review.

1070c–3a.Grants for access and persistence.

1070c–4.“Community service” defined.

1070d to 1070d–1d.Repealed.

subpart 5—special programs for students whose families are engaged in migrant and seasonal farmwork

1070d–2.Maintenance and expansion of existing programs.

subpart 6—robert c. byrd honors scholarship program

1070d–31.Statement of purpose.

1070d–32.Repealed.

1070d–33.Scholarships authorized.

1070d–34.Allocation among States.

1070d–35.Agreements.

1070d–36.Eligibility of scholars.

1070d–37.Selection of scholars.

1070d–38.Stipends and scholarship conditions.

1070d–39.Repealed.

1070d–40.Construction of needs provisions.

1070d–41.Authorization of appropriations.

subpart 7—child care access means parents in school

1070e.Child care access means parents in school.

subpart 8—learning anytime anywhere partnerships

1070f to 1070f–6.Repealed.

subpart 9—teach grants

1070g.Definitions.

1070g–1.Program established.

1070g–2.Applications; eligibility.

1070g–3.Program period and funding.

1070g–4.Program report.

subpart 10—scholarships for veteran’s dependents

1070h.Scholarships for veteran’s dependents.

Part B—Federal Family Education Loan Program

1071.Statement of purpose; nondiscrimination; and appropriations authorized.

1072.Advances for reserve funds of State and nonprofit private loan insurance programs.

1072a.Federal Student Loan Reserve Fund.

1072b.Agency Operating Fund.

1073.Effects of adequate non-Federal programs.

1074.Scope and duration of Federal loan insurance program.

1075.Limitations on individual federally insured loans and on Federal loan insurance.

1076.Sources of funds.

1077.Eligibility of student borrowers and terms of federally insured student loans.

1077a.Applicable interest rates.

1078.Federal payments to reduce student interest costs.

1078–1.Voluntary flexible agreements with guaranty agencies.

1078–2.Federal PLUS loans.

1078–3.Federal consolidation loans.

1078–4.Commingling of funds.

1078–5.Repealed.

1078–6.Default reduction program.

1078–7.Requirements for disbursement of student loans.

1078–8.Unsubsidized Stafford loans for middle-income borrowers.

1078–9.Repealed.

1078–10.Loan forgiveness for teachers.

1078–11.Loan forgiveness for service in areas of national need.

1078–12.Loan repayment for civil legal assistance attorneys.

1079.Certificate of Federal loan insurance—effective date of insurance.

1080.Default of student under Federal loan insurance program.

1080a.Reports to consumer reporting agencies and institutions of higher education.

1081.Insurance fund.

1082.Legal powers and responsibilities.

1083.Student loan information by eligible lenders.

1083a.Consumer education information.

1084.Participation by Federal credit unions in Federal, State, and private student loan insurance programs.

1085.Definitions for student loan insurance program.

1086.Delegation of functions.

1087.Repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow.

1087–0.Repealed.

1087–1.Special allowances.

1087–2.Student Loan Marketing Association.

1087–3.Reorganization of Student Loan Marketing Association through formation of Holding Company.

1087–4.Discrimination in secondary markets prohibited.

Part C—Federal Work-Study Programs

1087–51.Purpose; appropriations authorized.

1087–52.Allocation of funds.

1087–53.Grants for Federal work-study programs.

1087–54.Sources of matching funds.

1087–55.Flexible use of funds.

1087–56.Job location and development programs.

1087–57.Additional funds to conduct community service work-study programs.

1087–58.Work colleges.

Part D—William D. Ford Federal Direct Loan Program

1087a.Program authority.

1087b.Funds for origination of direct student loans.

1087c.Selection of institutions for participation and origination.

1087d.Agreements with institutions.

1087e.Terms and conditions of loans.

1087f.Contracts.

1087g.Repealed.

1087h.Funds for administrative expenses.

1087i.Authority to sell loans.

1087i–1.Temporary authority to purchase student loans.

1087i–2.Temporary loan consolidation authority.

1087j.Loan cancellation for teachers.

Part E—Federal Perkins Loans

1087aa.Appropriations authorized.

1087bb.Allocation of funds.

1087cc.Agreements with institutions of higher education.

1087cc–1.Student loan information by eligible institutions.

1087dd.Terms of loans.

1087ee.Cancellation of loans for certain public service.

1087ff.Distribution of assets from student loan funds.

1087gg.Collection of defaulted loans: Perkins Loan Revolving Fund.

1087hh.General authority of Secretary.

1087ii.Definitions.

Part F—Need Analysis

1087kk.Amount of need.

1087ll.Cost of attendance.

1087mm.Family contribution.

1087nn.Determination of expected family contribution; data elements.

1087oo.Family contribution for dependent students.

1087pp.Family contribution for independent students without dependents other than a spouse.

1087qq.Family contribution for independent students with dependents other than a spouse.

1087rr.Regulations; updated tables.

1087ss.Simplified needs test.

1087tt.Discretion of student financial aid administrators.

1087uu.Disregard of student aid in other Federal programs.

1087uu–1.Native American students.

1087uu–2.Special rules for independent students.

1087vv.Definitions.

Part G—General Provisions Relating to Student Assistance Programs

1088.Definitions.

1088a.Clock and credit hour treatment of diploma nursing schools.

1089.Master calendar.

1090.Forms and regulations.

1091.Student eligibility.

1091a.Statute of limitations, and State court judgments.

1091b.Institutional refunds.

1091c.Readmission requirements for servicemembers.

1092.Institutional and financial assistance information for students.

1092a.Combined payment plan.

1092b.National Student Loan Data System.

1092c.Simplification of lending process for borrowers.

1092d.Scholarship fraud assessment and awareness activities.

1092e.College access initiative.

1092f.Early awareness of financial aid eligibility.

1093.Distance education demonstration programs.

1093a.Articulation agreements.

1094.Program participation agreements.

1094a.Regulatory relief and improvement.

1094b.Assignment of identification numbers.

1095.Transfer of allotments.

1095a.Wage garnishment requirement.

1096.Administrative expenses.

1096a.Repealed.

1097.Criminal penalties.

1097a.Administrative subpoenas.

1098.Advisory Committee on Student Financial Assistance.

1098a.Regional meetings and negotiated rulemaking.

1098b.Authorization of appropriations for administrative expenses.

1098c.Repealed.

1098d.Procedures for cancellations and deferments for eligible disabled veterans.

1098e.Income-based repayment.

1098f.Deferral of loan repayment following active duty.

1098g.Exemption from State disclosure requirements.

1098h.Procedure and requirements for requesting tax return information from the Internal Revenue Service.

Part G–1—Higher Education Relief Opportunities for Students

1098aa.Short title; findings; reference.

1098bb.Waiver authority for response to military contingencies and national emergencies.

1098cc.Tuition refunds or credits for members of armed forces.

1098dd.Use of professional judgment.

1098ee.Definitions.

1099.Transferred.

Part H—Program Integrity

subpart 1—state role

1099a.State responsibilities.

subpart 2—accrediting agency recognition

1099b.Recognition of accrediting agency or association.

subpart 3—eligibility and certification procedures

1099c.Eligibility and certification procedures.

1099c–1.Program review and data.

1099c–2.Review of regulations.

Part I—Competitive Loan Auction Pilot Program

1099d.Competitive loan auction pilot program.

SUBCHAPTER V—DEVELOPING INSTITUTIONS

Part A—Hispanic-Serving Institutions

1101.Findings; purpose; and program authority.

1101a.Definitions; eligibility.

1101b.Authorized activities.

1101c.Duration of grant.

1101d.Special rule.

Part B—Promoting Postbaccalaureate Opportunities for Hispanic Americans

1102.Purposes.

1102a.Program authority and eligibility.

1102b.Authorized activities.

1102c.Application and duration.

Part C—General Provisions

1103.Eligibility; applications.

1103a.Waiver authority and reporting requirement.

1103b.Application review process.

1103c.Cooperative arrangements.

1103d.Assistance to institutions under other programs.

1103e.Limitations.

1103f.Penalties.

1103g.Authorizations of appropriations.

SUBCHAPTER VI—INTERNATIONAL EDUCATION PROGRAMS

Part A—International and Foreign Language Studies

1121.Findings; purposes; consultation; survey.

1122.Graduate and undergraduate language and area centers and programs.

1123.Language resource centers.

1124.Undergraduate international studies and foreign language programs.

1125.Research; studies; annual report.

1126.Technological innovation and cooperation for foreign information access.

1127.Selection of certain grant recipients.

1128.Equitable distribution of certain funds.

1128a.American overseas research centers.

1128b.Authorization of appropriations.

Part B—Business and International Education Programs

1130.Findings and purposes.

1130–1.Centers for international business education.

1130a.Education and training programs.

1130b.Authorization of appropriations.

Part C—Institute for International Public Policy

1131.Minority foreign service professional development program.

1131–1.Institutional development.

1131a.Study abroad program.

1131b.Advanced degree in international relations.

1131c.Internships.

1131c–1.Financial assistance.

1131d.Report.

1131e.Gifts and donations.

1131f.Authorization of appropriations.

Part D—General Provisions

1132.Definitions.

1132–1.Special rule.

1132–2.Rule of construction.

1132–3.Assessment.

1132–4.Evaluation, outreach, and information.

1132–5.Report.

1132–6.Science and technology advanced foreign language education grant program.

1132–7.Reporting by institutions.

SUBCHAPTER VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

1133.Purpose.

Part A—Graduate Education Programs

subpart 1—jacob k. javits fellowship program

1134.Award of Jacob K. Javits fellowships.

1134a.Allocation of fellowships.

1134b.Stipends.

1134c.Fellowship conditions.

1134d.Authorization of appropriations.

subpart 2—graduate assistance in areas of national need

1135.Grants to academic departments and programs of institutions.

1135a.Institutional eligibility.

1135b.Criteria for applications.

1135c.Awards to graduate students.

1135d.Additional assistance for cost of education.

1135e.Authorization of appropriations.

subpart 3—thurgood marshall legal educational opportunity program

1136.Legal educational opportunity program.

subpart 4—masters degree programs at historically black colleges and universities and predominantly black institutions

1136a.Masters degree programs at historically Black colleges and universities.

1136b.Masters degree programs at predominantly Black institutions.

1136c.Authorization of appropriations.

subpart 5—general provisions

1137.Administrative provisions for subparts 1 through 4.

Part B—Fund for the Improvement of Postsecondary Education

1138.Fund for the Improvement of Postsecondary Education.

1138a.National Board of the Fund for the Improvement of Postsecondary Education.

1138b.Administrative provisions.

1138c.Special projects.

1138d.Authorization of appropriations.

Part C—Urban Community Service

1139 to 1139h.Repealed.

Part D—Programs To Provide Students With Disabilities With a Quality Higher Education

1140.Definitions.

subpart 1—demonstration projects to support postsecondary faculty, staff, and administrators in educating students with disabilities

1140a.Purpose.

1140b.Grants, contracts, and cooperative agreements authorized.

1140c.Applications.

1140d.Rule of construction.

1140e.Authorization of appropriations.

subpart 2—transition programs for students with intellectual disabilities into higher education

1140f.Purpose.

1140g.Model comprehensive transition and postsecondary programs for students with intellectual disabilities.

1140h.Rule of construction.

1140i.Authorization of appropriations and reservation.

subpart 3—commission on accessible materials; programs to support improved access to materials

1140k.Definition of student with a print disability.

1140l.Establishment of Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities.

1140m.Model demonstration programs to support improved access to postsecondary instructional materials for students with print disabilities.

1140n.Rule of construction.

1140o.Authorization of appropriations.

subpart 4—national technical assistance center; coordinating center

1140p.Purpose.

1140q.National technical assistance center; coordinating center.

1140r.Authorization of appropriations.

Part E—College Access Challenge Grant Program

1141.College access challenge grant program.

SUBCHAPTER VIII—MISCELLANEOUS

1151, 1152.Repealed.

1153.Underground Railroad educational and cultural program.

1154.Contract authority.

1155.Connie Lee privatization.

SUBCHAPTER IX—ADDITIONAL PROGRAMS

Part A—Project GRAD

1161a.Project GRAD.

Part B—Mathematics and Science Scholars Program

1161b.Mathematics and science scholars program.

Part C—Business Workforce Partnerships for Job Skill Training in High-Growth Occupations or Industries

1161c.Business workforce partnerships for job skill training in high-growth occupations or industries.

Part D—Capacity for Nursing Students and Faculty

1161d.Capacity for nursing students and faculty.

Part E—American History for Freedom

1161e.American history for freedom.

Part F—Teach For America

1161f.Teach For America.

Part G—Patsy T. Mink Fellowship Program

1161g.Patsy T. Mink fellowship program.

Part H—Improving College Enrollment By Secondary Schools

1161h.Improving college enrollment by secondary schools.

Part I—Early Childhood Education Professional Development and Career Task Force

1161i.Purpose.

1161i–1.Definition of early childhood education program.

1161i–2.Grants authorized.

1161i–3.State Task Force establishment.

1161i–4.State Task Force activities.

1161i–5.State application and report.

1161i–6.Evaluations.

1161i–7.Authorization of appropriations.

Part J—Improving Science, Technology, Engineering, and Mathematics Education With a Focus on Alaska Native and Native Hawaiian Students

1161j.Improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian students.

Part K—Pilot Programs To Increase College Persistence and Success

1161k.Pilot programs to increase college persistence and success.

Part L—Student Safety and Campus Emergency Management

1161l.Student safety and campus emergency management.

1161l–1.Model emergency response policies, procedures, and practices.

1161l–2.Preparation for future disasters plan by the Secretary.

1161l–3.Education Disaster and Emergency Relief Loan Program.

1161l–4.Guidance on mental health disclosures for student safety.

1161l–5.Rule of construction.

Part M—Low Tuition

1161m.Incentives and rewards for low tuition.

Part N—Cooperative Education

1161n.Statement of purpose; definition.

1161n–1.Reservations.

1161n–2.Grants for cooperative education.

1161n–3.Demonstration and innovation projects; training and resource centers; and research.

1161n–4.Authorization of appropriations.

Part O—College Partnership Grants

1161o.College partnership grants authorized.

Part P—Jobs to Careers

1161p.Grants to create bridges from jobs to careers.

Part Q—Rural Development Grants for Rural-Serving Colleges and Universities

1161q.Grants to rural-serving institutions of higher education.

Part R—Campus-Based Digital Theft Prevention

1161r.Campus-based digital theft prevention.

Part S—Training for Realtime Writers

1161s.Program to promote training and job placement of realtime writers.

Part T—Centers of Excellence for Veteran Student Success

1161t.Model programs for Centers of Excellence for Veteran Student Success.

Part U—University Sustainability Programs

1161u.Sustainability planning grants authorized.

Part V—Modeling and Simulation Programs

1161v.Modeling and simulation.

Part W—Path to Success

1161w.Path to success.

Part X—School of Veterinary Medicine Competitive Grant Program

1161x.School of veterinary medicine competitive grant program.

Part Y—Early Federal Pell Grant Commitment Demonstration Program

1161y.Early Federal Pell Grant Commitment Demonstration Program.

Part Z—Henry Kuualoha Giugni Kupuna Memorial Archives

1161z.Henry Kuualoha Giugni Kupuna Memorial Archives.

Part AA—Masters and Postbaccalaureate Program

1161aa.Masters degree programs.

1161aa–1.Postbaccalaureate programs.

SUBCHAPTER I—GENERAL PROVISIONS

Editorial Notes
Codification
Title I of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89–329, title I, Nov. 8, 1965, 79 Stat. 1219, and amended by 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. 93–29, May 3, 1973, 87 Stat. 30; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 93–644, Jan. 4, 1975, 88 Stat. 2291; Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 713; 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. 96–96, Oct. 31, 1979, 93 Stat. 729; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98–524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99–386, Aug. 22, 1986, 100 Stat. 821; Pub. L. 99–498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1107; Pub. L. 101–305, May 30, 1990, 104 Stat. 253; Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127; Pub. L. 102–54, June 13, 1991, 105 Stat. 267; Pub. L. 102–325, July 23, 1992, 106 Stat. 448; Pub. L. 103–208, Dec. 20, 1993, 107 Stat. 2457. Such title is shown herein, however, as having been added by Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1585, without reference to such intervening amendments because of the extensive revision of the title’s provisions by Pub. L. 105–244.

Part A—Definitions
§ 1001. General definition of institution of higher education(a) Institution of higher educationFor purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title;

(2) is legally authorized within such State to provide a program of education beyond secondary education;

(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;

(4) is a public or other nonprofit institution; and

(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

(b) Additional institutions includedFor purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a); and

(2) a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1), admits as regular students individuals—(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or

(B) who will be dually or concurrently enrolled in the institution and a secondary school.

(c) List of accrediting agenciesFor purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part H of subchapter IV, to be reliable authority as to the quality of the education or training offered.

(Pub. L. 89–329, title I, § 101, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1585; amended Pub. L. 110–315, title I, § 101(a), Aug. 14, 2008, 122 Stat. 3083; Pub. L. 112–74, div. F, title III, § 309(c)(3), Dec. 23, 2011, 125 Stat. 1101.)

Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 1141(a) of this title prior to repeal by Pub. L. 105–244.
A prior section 1001, Pub. L. 89–329, title I, § 101, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 459, related to purposes of school, college, and university partnership grant program, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1001, Pub. L. 89–329, title I, § 101, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1278, related to Congressional findings, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1001, Pub. L. 89–329, title I, § 101, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1373, stated Congressional findings with respect to continuing postsecondary education program and planning, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1001, Pub. L. 89–329, title I, § 101, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 90–575, title II, § 201, Oct. 16, 1968, 82 Stat. 1035; Pub. L. 92–318, title I, § 101(a), June 23, 1972, 86 Stat. 236; Pub. L. 94–482, title I, § 101(a), Oct. 12, 1976, 90 Stat. 2083; Pub. L. 96–49, § 2, Aug. 13, 1979, 93 Stat. 351, authorized appropriations for the community service, continuing education, and lifelong learning program grant programs through fiscal year 1980, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2011—Subsec. (a)(1). Pub. L. 112–74 substituted “section 1091(d)” for “section 1091(d)(3)”.
2008—Subsec. (a)(1). Pub. L. 110–315, § 101(a)(1)(A), inserted “, or persons who meet the requirements of section 1091(d)(3) of this title” before semicolon at end.
Subsec. (a)(3). Pub. L. 110–315, § 101(a)(1)(B), inserted “, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary” before semicolon at end.
Subsec. (b)(2). Pub. L. 110–315, § 101(a)(2), added par. (2) and struck out former par. (2) which read as follows: “a public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.”

Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116–260, div. FF, title VII, § 701(b), Dec. 27, 2020, 134 Stat. 3137, provided that: “Except as otherwise expressly provided, this Act [probably means “this title”, see Tables for classification], and the amendments made by this title to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), shall take effect on July 1, 2023, and shall apply with respect to award year 2023–2024 and each subsequent award year, as determined under the Higher Education Act of 1965. The Secretary of Education shall have the authority to take such steps as are necessary before July 1, 2023, to provide for the orderly implementation on such date of the amendments to the Higher Education Act of 1965 made by this Act.”

Effective Date of 2011 AmendmentPub. L. 112–74, div. F, title III, § 309(g), Dec. 23, 2011, 125 Stat. 1103, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and sections 1070a, 1087ss, and 1091 of this title, and enacting provisions set out as a note under section 1091 of this title] shall take effect on July 1, 2012.”

Effective Date of 2009 AmendmentPub. L. 111–39, § 3, July 1, 2009, 123 Stat. 1935, provided that: “Except as otherwise provided in this Act [see Tables for classification], the amendments made by this Act shall take effect as if enacted on the date of enactment of the Higher Education Opportunity Act (Public Law 110–315) [Aug. 14, 2008].”

Effective Date of 2008 AmendmentPub. L. 110–315, § 3, Aug. 14, 2008, 122 Stat. 3083, provided that: “Except as otherwise provided in this Act [see Tables for classification] or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act [Aug. 14, 2008].”

Pub. L. 110–315, title I, § 101(b), Aug. 14, 2008, 122 Stat. 3083, as amended by Pub. L. 111–39, title I, § 101(a)(1), July 1, 2009, 123 Stat. 1935, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Aug. 14, 2008].”

Effective Date of 1998 AmendmentPub. L. 105–244, § 3, Oct. 7, 1998, 112 Stat. 1585, provided that: “Except as otherwise provided in this Act [see Tables for classification] or the amendments made by this Act, the amendments made by this Act shall take effect on October 1, 1998.”

Effective Date of 1992 AmendmentPub. L. 102–325, § 2, July 23, 1992, 106 Stat. 458, provided that: “Except as otherwise provided in this Act (20 U.S.C. 1001 et seq.) [see Tables for classification], the amendments made by this Act shall take effect on October 1, 1992.”

Effective Date of 1987 AmendmentPub. L. 100–50, § 27, June 3, 1987, 101 Stat. 363, provided that: “The amendments made by this Act [see Short Title of 1987 Amendment note below] shall take effect as if enacted as part of the Higher Education Amendments of 1986 [Pub. L. 99–498, see Short Title of 1986 Amendments note below].”

Effective Date of 1986 AmendmentPub. L. 99–498, § 2, Oct. 17, 1986, 100 Stat. 1277, provided that: “Except as otherwise provided in this Act, the amendments made by this Act [see Tables for classification] shall take effect on the date of enactment of this Act [Oct. 17, 1986].”

Effective Date of 1980 AmendmentPub. L. 96–374, title XIII, § 1393, Oct. 3, 1980, 94 Stat. 1504, provided that:
“(a) Except as provided in subsection (b), this Act and the amendments made by this Act [see Tables for classification] shall take effect on October 1, 1980.

“(b)(1) The amendment made by section 301 of this Act to title III of the Act [enacting subchapter III of this chapter] shall take effect October 1, 1981.

“(2) The amendment made by section 404(c)(4) of this Act to section 415C(b)(4) of the Act [amending section 1070c–2 of this title] shall be effective October 1, 1979.

“(3) The amendment made by section 405 to subpart 4 of part A of title IV of the Act [amending subpart 4 of part A of subchapter IV of this chapter generally] shall take effect October 1, 1981.

“(4) The amendments made by part B of title IV of this Act [enacting sections 1077a, 1078–2, 1083a, and 1087–1a of this title and amending sections 1074, 1075, 1077, 1078, 1078–1, 1080, 1082, 1085, 1087–1, and 1087–2 of this title] shall take effect, except as otherwise provided therein, on January 1, 1981, and to the extent such amendments make changes in such part B which affect student loans, such changes shall apply to outstanding loans as well as to loans made after the amendments take effect, except that the amendments made by section 415(b) [amending sections 1077(a)(2)(B) and 1078(b)(1)(E) of this title] shall apply with respect to any loan to cover the cost of instruction for any period of instruction beginning on or after January 1, 1981, to any student borrower who has no outstanding balance of principal or interest on any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 [part B of subchapter IV of this chapter] on the date on which the borrower enters into the note or other written evidence of the loan.

“(5) The amendments made by part D of title IV of this Act [enacting sections 1087cc–1, 1087hh, and 1087ii of this title and amending sections 1087aa to 1087gg of this title] shall apply to loans made under part E of the Act [20 U.S.C. 1087aa et seq.] on or after October 1, 1980.

“(6) The amendment made by section 701 of this Act adding section 731 of the Act [former section 1132d of this title] shall apply to loans made under section 731 on or after October 1, 1980.”

Effective Date of 1976 AmendmentPub. L. 94–482, title V, § 532, Oct. 12, 1976, 90 Stat. 2241, provided that:
“The provisions of this Act [see Tables for classification] and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act [Oct. 12, 1976] except—
“(1) as specifically otherwise provided; and

“(2) that each amendment made by this Act (not subject to clause (1) of this section) providing for authorization of appropriations shall take effect July 1, 1976.”

Short Title of 2021 AmendmentPub. L. 117–49, § 1, Oct. 13, 2021, 135 Stat. 402, provided that: “This Act [amending section 1070g–2 of this title, enacting provisions set out as notes under this section and section 1070g–2 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Consider Teachers Act of 2021’.”

Short Title of 2020 AmendmentPub. L. 116–270, § 1, Dec. 31, 2020, 134 Stat. 3325, provided that: “This Act [enacting sections 1063d and 1063e of this title and enacting provisions set out as notes under section 1063d of this title] may be cited as the ‘HBCU Propelling Agency Relationships Towards a New Era of Results for Students Act’ or the ‘HBCU PARTNERS Act’.”

Pub. L. 116–260, div. FF, title VII, § 701(a), Dec. 27, 2020, 134 Stat. 3137, provided that: “This title [see Tables for classification] may be cited as the ‘FAFSA Simplification Act’.”

Pub. L. 116–251, § 1, Dec. 22, 2020, 134 Stat. 1129, provided that: “This Act [amending sections 1018, 1092, 1092b, and 1097 of this title and enacting provisions set out as notes under sections 1018 and 1097 of this title] may be cited as the ‘Stop Student Debt Relief Scams Act of 2019’.”

Pub. L. 116–136, div. A, title III, § 3501, Mar. 27, 2020, 134 Stat. 395, provided that: “This subtitle [subtitle B (§§ 3501–3519) of title III of div. A of Pub. L. 116–136, amending section 6103 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under this section and section 7861 of this title, section 6103 of Title 26, section 3163 of Title 29, Labor, and section 12501 of Title 42, The Public Health and Welfare] may be cited as the ‘COVID–19 Pandemic Education Relief Act of 2020’.”

Short Title of 2019 AmendmentPub. L. 116–91, § 1, Dec. 19, 2019, 133 Stat. 1189, provided that: “This Act [enacting section 1098h of this title, amending sections 1067q, 1070a, 1087, 1087e, 1091, and 1098e of this title and section 6103 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 6103 of Title 26] may be cited as the ‘Fostering Undergraduate Talent by Unlocking Resources for Education Act’ or the ‘FUTURE Act’.”

Short Title of 2015 AmendmentPub. L. 114–105, § 1, Dec. 18, 2015, 129 Stat. 2219, provided that: “This Act [amending sections 1087aa, 1087cc–1, and 1087ff of this title and enacting provisions set out as notes under sections 1087aa and 1226a of this title] may be cited as the ‘Federal Perkins Loan Program Extension Act of 2015’.”

Short Title of 2013 AmendmentPub. L. 113–28, § 1, Aug. 9, 2013, 127 Stat. 506, provided that: “This Act [amending section 1087e of this title and enacting provisions set out as a note under section 1087e of this title] may be cited as the ‘Bipartisan Student Loan Certainty Act of 2013’.”

Short Title of 2010 AmendmentPub. L. 111–152, title II, § 2001(a), Mar. 30, 2010, 124 Stat. 1071, provided that: “This subtitle [subtitle A (§§ 2001–2213) of title II of Pub. L. 111–152, enacting section 1087i–2 of this title, amending sections 1002, 1067q, 1070a, 1070a–14, 1071, 1074, 1077a, 1078, 1078–2, 1078–3, 1078–8, 1085, 1087–1, 1087b, 1087d, 1087e, 1087f, 1087h, 1090, 1092f, 1098e, 1141, and 1161y of this title, enacting provisions set out as notes under sections 1002, 1070a, 1087d, and 1087e of this title, and repealing provisions set out as a note under section 1078 of this title] may be cited as the ‘SAFRA Act’.”

Short Title of 2008 AmendmentPub. L. 110–315, § 1(a), Aug. 14, 2008, 122 Stat. 3078, provided that: “This Act [see Tables for classification] may be cited as the ‘Higher Education Opportunity Act’.”

Pub. L. 110–227, § 1, May 7, 2008, 122 Stat. 740, provided that: “This title [probably means this “Act”, enacting section 1087i–1 of this title, amending sections 1070a–1, 1071, 1078, 1078–2, 1078–8, 1087a, and 1087f of this title, and enacting provisions set out as notes under sections 1070a–1, 1071, 1078, 1078–8, and 1089 of this title] may be cited as the ‘Ensuring Continued Access to Student Loans Act of 2008’.”

Pub. L. 110–198, § 1, Mar. 24, 2008, 122 Stat. 656, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘Higher Education Extension Act of 2008’.”

Short Title of 2007 AmendmentPub. L. 110–109, § 1, Oct. 31, 2007, 121 Stat. 1028, provided that: “This Act [amending section 1085 of this title and enacting and amending provisions set out as notes under this section] may be cited as the ‘Third Higher Education Extension Act of 2007’.”

Pub. L. 110–84, § 1(a), Sept. 27, 2007, 121 Stat. 784, provided that: “This Act [enacting sections 1070g to 1070g–3, 1098e, 1098f, 1099d, 1099e, and 1141 of this title, amending sections 1070a, 1070a–13, 1077a, 1078, 1078–3, 1085, 1087–1, 1087e, 1087h, 1087dd, 1087ff, 1087oo to 1087tt, and 1087vv of this title, repealing section 1078–9 of this title, enacting provisions set out as notes under sections 1070a, 1078, 1078–3, 1087oo, 1087ss, 1087tt, and 1087vv of this title, and amending provisions set out as a note under section 1078 of this title] may be cited as the ‘College Cost Reduction and Access Act’.”

Pub. L. 110–51, § 1, July 31, 2007, 121 Stat. 263, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘Second Higher Education Extension Act of 2007’.”

Pub. L. 110–44, § 1, July 3, 2007, 121 Stat. 238, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘First Higher Education Extension Act of 2007’.”

Short Title of 2006 AmendmentPub. L. 109–292, § 1, Sept. 30, 2006, 120 Stat. 1340, provided that: “This Act [amending sections 1085, 1087h, 1101a, and 1101c of this title, enacting provisions set out as notes under this section and section 1085 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Third Higher Education Extension Act of 2006’.”

Pub. L. 109–238, § 1, June 30, 2006, 120 Stat. 507, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘Second Higher Education Extension Act of 2006’.”

Pub. L. 109–212, § 1, Apr. 1, 2006, 120 Stat. 321, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘Higher Education Extension Act of 2006’.”

Pub. L. 109–171, title VIII, § 8001(a), Feb. 8, 2006, 120 Stat. 155, provided that: “This subtitle [subtitle A (§§ 8001–8024) of title VIII of Pub. L. 109–171, enacting sections 1070a–1 and 1092e of this title, amending sections 1002, 1071, 1074, 1075, 1077a, 1078 to 1078–3, 1078–6 to 1078–10, 1082, 1085, 1087, 1087–1, 1087e, 1087h, 1087j, 1087dd, 1087ll, 1087oo to 1087ss, 1087vv, 1088, 1091, 1091b, and 1095a of this title, enacting provisions set out as notes under sections 1002, 1075, 1078, 1087–1, 1087oo to 1087qq, and 1087ss of this title, and amending provisions set out as a note under section 1078–10 of this title] may be cited as the ‘Higher Education Reconciliation Act of 2005’.”

Short Title of 2005 AmendmentsPub. L. 109–150, § 1, Dec. 30, 2005, 119 Stat. 2884, provided that: “This Act [amending section 1087–1 of this title, enacting provisions set out as a note under section 1087–1 of this title, and amending provisions set out as notes under this section and section 1078–10 of this title] may be cited as the ‘Second Higher Education Extension Act of 2005’.”

Pub. L. 109–67, § 1, Sept. 21, 2005, 119 Stat. 2001, provided that: “This Act [amending section 1091b of this title] may be cited as the ‘Student Grant Hurricane and Disaster Relief Act’.”

Pub. L. 109–66, § 1, Sept. 21, 2005, 119 Stat. 1999, provided that: “This Act [amending section 1091b of this title] may be cited as the ‘Pell Grant Hurricane and Disaster Relief Act’.”

Short Title of 2004 AmendmentPub. L. 108–409, § 1, Oct. 30, 2004, 118 Stat. 2299, provided that: “This Act [amending sections 1078–10, 1087–1, and 1087j of this title and enacting provisions set out as notes under section 1078–10 of this title] may be cited as the ‘Taxpayer-Teacher Protection Act of 2004’.”

Short Title of 2000 AmendmentsPub. L. 106–420, § 1, Nov. 1, 2000, 114 Stat. 1867, provided that: “This Act [enacting section 1092d of this title, amending section 522 of Title 11, Bankruptcy, and enacting provisions set out as notes under section 1092d of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘College Scholarship Fraud Prevention Act of 2000’.”

Pub. L. 106–386, div. B, title VI, § 1601(a), Oct. 28, 2000, 114 Stat. 1537, provided that: “This section [amending sections 1092 and 1232g of this title and section 14071 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 1092 of this title and section 14071 of Title 42] may be cited as the ‘Campus Sex Crimes Prevention Act’.”

Short Title of 1998 AmendmentPub. L. 105–244, § 1(a), Oct. 7, 1998, 112 Stat. 1581, provided that: “This Act [see Tables for classification] may be cited as the ‘Higher Education Amendments of 1998’.”

Short Title of 1997 AmendmentPub. L. 105–78, title VI, § 609(a), Nov. 13, 1997, 111 Stat. 1522, provided in part that: “This section [amending sections 1078–3, 1087h, 1087oo to 1087qq, and 1087vv of this title and enacting provisions set out as notes under sections 1078–3 and 1087h of this title] may be cited as the ‘Emergency Student Loan Consolidation Act of 1997’.”

Short Title of 1996 AmendmentPub. L. 104–208, div. A, title I, § 101(e) [title VI, § 601], Sept. 30, 1996, 110 Stat. 3009–233, 3009–275, provided that: “This title [enacting sections 1087–3, 1087–4, and 1132f–10 of this title, amending sections 1078–3, 1085, and 1087–2 of this title, repealing sections 1087–2, 1087–3, and 1132f to 1132f–9 of this title, and enacting provisions set out as notes under sections 1078–3 and 1087–2 of this title] may be cited as the ‘Student Loan Marketing Association Reorganization Act of 1996’.”

Short Title of 1994 AmendmentPub. L. 103–382, title III, § 360B(a), Oct. 20, 1994, 108 Stat. 3969, provided that: “This section [amending section 1092 of this title and enacting provisions set out as a note under section 1092 of this title] may be cited as the ‘Equity in Athletics Disclosure Act’.”

Short Title of 1993 AmendmentsPub. L. 103–208, § 1(a), Dec. 20, 1993, 107 Stat. 2457, provided that: “This Act [see Tables for classification] may be cited as the ‘Higher Education Technical Amendments of 1993’.”

Pub. L. 103–66, title IV, § 4011(a), Aug. 10, 1993, 107 Stat. 341, provided that: “This subtitle [subtitle A (§§ 4011–4047) of title IV of Pub. L. 103–66, amending sections 1072, 1078, 1078–3, 1078–8, 1085, 1087–2, and 1087a to 1087h of this title, repealing section 1078–1 of this title, omitting sections 1087i and 1087j of this title, and enacting provisions set out as notes under sections 1078, 1078–3, and 1078–8 of this title] may be cited as the ‘Student Loan Reform Act of 1993’.”

Short Title of 1992 AmendmentPub. L. 102–325, § 1(a), July 23, 1992, 106 Stat. 448, provided that: “This Act [see Tables for classification] may be cited as the ‘Higher Education Amendments of 1992’.”

Short Title of 1991 AmendmentPub. L. 102–26, § 1(a), Apr. 9, 1991, 105 Stat. 123, provided that: “This Act [enacting section 1211b of this title, amending sections 1078, 1078–1, 1085, 1087ss, 1088, 1091, 1091a, 1092, 1094, and 1141 of this title, enacting provisions set out as notes under sections 1070, 1078–1, 1088, and 1091a of this title, amending provisions set out as a note under section 1092 of this title, and repealing provisions set out as a note under section 1088 of this title] may be cited as the ‘Higher Education Technical Amendments of 1991’.”

Short Title of 1990 AmendmentsPub. L. 101–542, § 1, Nov. 8, 1990, 104 Stat. 2381, provided that: “This Act [amending sections 1085, 1092, 1094, and 1232g of this title and enacting provisions set out as notes under this section and section 1092 of this title] may be cited as the ‘Student Right-To-Know and Campus Security Act’.”

Pub. L. 101–542, title I, § 101, Nov. 8, 1990, 104 Stat. 2381, provided that: “This title [amending section 1092 of this title and enacting provisions set out as notes under section 1092 of this title] may be cited as the ‘Student Right-To-Know Act’.”

Pub. L. 101–542, title II, § 201, Nov. 8, 1990, 104 Stat. 2384, provided that: “This title [amending sections 1092, 1094, and 1232g of this title and enacting provisions set out as notes under section 1092 of this title] may be cited as the ‘Crime Awareness and Campus Security Act of 1990’.”

Pub. L. 101–508, title III, § 3001, Nov. 5, 1990, 104 Stat. 1388–25, provided that: “This subtitle [subtitle A (§§ 3001–3008) of title III of Pub. L. 101–508, amending sections 1078, 1078–1, 1078–7, 1085, 1088, and 1091 of this title and sections 362, 541, and 1328 of Title 11, Bankruptcy, enacting provisions set out as notes under sections 1078–7, 1085, and 1088 of this title and sections 362 and 1328 of Title 11, and amending provisions set out as a note under section 1078–1 of this title] may be cited as the ‘Student Loan Default Prevention Initiative Act of 1990’.”

Short Title of 1989 AmendmentPub. L. 101–239, title II, § 2001, Dec. 19, 1989, 103 Stat. 2111, provided that: “This subtitle [subtitle A (§§ 2001–2009) of title II of Pub. L. 101–239, enacting section 1078–7 of this title, amending sections 1077, 1078, 1078–1, 1078–6, 1082, 1085, 1087dd, 1087tt, 1088, 1092b, and 1094 of this title, and enacting provisions set out as notes under sections 1077, 1078, 1078–1, and 1078–6 of this title] may be cited as the ‘Student Loan Reconciliation Amendments of 1989’.”

Short Title of 1987 AmendmentPub. L. 100–50, § 1(a), June 3, 1987, 101 Stat. 335, provided that: “This Act [enacting sections 1059a, 1087tt, 1087uu, 1087uu–1, and 1145d–1 of this title, amending sections 1057, 1058, 1062, 1063a to 1063c, 1065, 1066, 1067, 1069a, 1070a to 1070a–4, 1070a–6, 1070b–3, 1070c–4, 1070d–1b, 1070d–2, 1070e–1, 1070f, 1075, 1077, 1077a, 1078 to 1078–3, 1078–5, 1078–6, 1080a, 1081 to 1083, 1085, 1087–1, 1087–2, 1087d, 1087bb, 1087cc, 1087cc–1, 1087dd, 1087ee, 1087oo to 1087ss, 1087vv, 1088, 1089 to 1091, 1092 to 1092b, 1095, 1096, 1098, 1109 to 1109d, 1111, 1111b, 1111f, 1111g, 1122, 1132a, 1132a–1, 1132d, 1132d–2, 1132g–3, 1132i–1, 1134h to 1134j, 1141, 1145e, 1221e, and 1221e–1 of this title, section 4604 of Title 22, Foreign Relations and Intercourse, and sections 2752, 2753, and 2756 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 2752 of Title 42, and amending provisions set out as notes under sections 1011, 1071, 1087dd, 1087kk, 1091, 1121, 1145d, 1221–1, and 1221e–1 of this title and section 2753 of Title 42] may be cited as the ‘Higher Education Technical Amendments Act of 1987’.”

Short Title of 1986 AmendmentsPub. L. 99–498, § 1, Oct. 17, 1986, 100 Stat. 1268, provided that: “This Act [see Tables for classification] may be cited as the ‘Higher Education Amendments of 1986’.”

Pub. L. 99–320, § 1, May 23, 1986, 100 Stat. 491, provided: “That this Act [amending sections 1078 and 1080a of this title and a provision set out as a note under section 1072 of this title] may be cited as the ‘Student Financial Assistance Technical Corrections Act of 1986’.”

Pub. L. 99–272, title XVI, § 16001(a), Apr. 7, 1986, 100 Stat. 339, provided that: “This title [enacting sections 1078–3, 1080a, and 1091a of this title, amending sections 1072, 1074, 1075, 1077, 1078, 1080, 1082, 1083a, 1085, 1087–1, 1087–2, 1087cc, 1087cc–1, 1087dd, 1087gg, 1089, 1091, and 1094 of this title, enacting provisions set out as notes under sections 1072, 1078, and 1078–3 of this title, and amending provisions set out as a note under section 1078 of this title] may be cited as the ‘Student Financial Assistance Amendments of 1985’.”

Short Title of 1983 AmendmentsPub. L. 98–95, § 1, Sept. 26, 1983, 97 Stat. 708, provided: “That this Act [enacting section 1065a of this title, amending section 1069c of this title, enacting provisions set out as a note under section 1132a–1 of this title, and amending provisions set out as notes under sections 123 and 1069c of this title] may be cited as the ‘Challenge Grant Amendments of 1983’.”

Pub. L. 98–79, § 1, Aug. 15, 1983, 97 Stat. 476, provided: “That this Act [amending sections 1071, 1077, 1077a, 1078, 1078–2, 1083a, 1087–1, 1087–2, 1087cc–1, and 1098 of this title, repealing section 1087–1a of this title, enacting provisions set out as notes under sections 1077, 1077a, 1078, and 1087–1 of this title, and amending provisions set out as notes under sections 1070a, 1078, and 1089 of this title] may be cited as the ‘Student Loan Consolidation and Technical Amendments Act of 1983’.”

Short Title of 1982 AmendmentPub. L. 97–301, § 1, Oct. 13, 1982, 96 Stat. 1400, which provided: “That this Act [amending sections 1070a, 1083a, 1087–2, and 1087cc–1 of this title and enacting provisions set out as notes under sections 1070a, 1070b–3, 1078, 1087bb, 1089, and 1221e–1 of this title and section 2752 of Title 42, The Public Health and Welfare] may be cited as the ‘Student Financial Assistance Technical Amendments Act of 1982’.”
, was repealed by Pub. L. 99–498, title IV, § 408(b), Oct. 17, 1986, 100 Stat. 1495, eff. with respect to any academic year beginning on or after July 1, 1988.

Short Title of 1981 AmendmentPub. L. 97–35, title V, subtitle B, § 531, Aug. 13, 1981, 95 Stat. 450, provided that: “This subtitle [amending sections 1075, 1077, 1077a, 1078, 1078–1, 1078–2, 1087–1, 1087–2, 1087dd, 1089, 1096, and 1232 of this title, repealing section 1087–3a of this title, and enacting provisions set out as notes under section 1078 of this title] may be cited as the ‘Postsecondary Student Assistance Amendments of 1981’.”

Short Title of 1980 AmendmentPub. L. 96–374, § 1, Oct. 3, 1980, 94 Stat. 1367, provided: “That this Act [enacting sections 239a, 1001 to 1005, 1011 to 1015, 1016 to 1019, 1021, 1022, 1029, 1031 to 1034, 1041, 1042, 1047 to 1047j, 1051, 1057 to 1069c, 1070d–1a to 1070d–2, 1077a, 1078–2, 1083a, 1087–1a, 1087cc–1, 1087hh, 1087ii, 1088 to 1098, 1119b to 1119b–5, 1119c to 1119c–2, 1121 to 1127, 1130 to 1132, 1132a to 1132a–1, 1132b to 1132c, 1132d to 1132d–4, 1132e, 1132e–1, 1134d to 1134p, 1135 to 1135a–3, 1136 to 1136d, 1143, 1144a, 1145, 1146, 1221e–1b, 1221e–4, and 3063 to 3065 of this title, section 640c–2 of Title 25, Indians, and sections 2753 and 2756b of Title 42, The Public Health and Welfare, amending sections 1070 to 1070c–3, 1070d, 1070d–1, 1070e to 1077, 1078, 1078–1, 1079, 1080 to 1083, 1085 to 1087–1, 1087–2, 1087aa to 1087cc, 1087dd to 1087gg, 1101 to 1104, 1119 to 1119a–1, 1133 to 1134c, 1135c–1, 1141, 1142, 1221e, 1226a, 1226c, and 1232 of this title, section 326a of Title 7, Agriculture, section 640c–1 of Title 25, sections 714 and 792 of Title 29, Labor, and sections 2751, 2752, and 2756 of Title 42, repealing sections 511 to 513, 1070c–4, 1070d–3, 1087–4, 1134q to 1134s, 1142a, 1142b, 1145, 1145a, 1145c, 1172 to 1174, 1176, 1177, and 1221d of this title and section 2754 of Title 42, enacting provisions set out as notes under sections 236, 1001, 1119b, and 1221–1 of this title and section 301 of Title 7, and amending provisions set out as notes under section 236 of this title and section 301 of Title 7] may be cited as the ‘Education Amendments of 1980’.”

Short Title of 1979 AmendmentPub. L. 96–49, § 1, Aug. 13, 1979, 93 Stat. 351, provided: “That this Act [enacting section 1087gg of this title, amending this section and sections 513, 1021, 1042, 1051, 1070a, 1070b, 1070c, 1070d, 1070d–2, 1070e–1, 1078, 1087–1, 1087aa, 1088, 1101, 1119, 1121, 1132a, 1132b, 1132c, 1132c–4, 1134, 1134e, 1134i, 1134n, 1134r–1, 1135, 1135a, 1136b, 1142b, 1221d, and 1221e of this title, enacting provisions set out as notes under sections 1070a, 1087–1, 1087gg, and 1088 of this title, and amending provisions set out as a note under section 1070a of this title] may be cited as the ‘Higher Education Technical Amendments of 1979’.”

Short Title of 1978 AmendmentsPub. L. 95–566, § 1, Nov. 1, 1978, 92 Stat. 2402, provided: “That this Act [enacting section 1087–3a of this title, amending sections 1070a, 1070c–2, 1070d–1, 1075, 1077, 1078, 1088 and 1088f of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Middle Income Student Assistance Act’.”

Pub. L. 95–336, § 1, Aug. 4, 1978, 92 Stat. 451, provided: “That this Act [amending section 1070e–1 of this title, sections 1001, 1002, and 1007 of Title 21, Food and Drugs, and former section 246 of Title 38, Veterans’ Benefits, and enacting provisions set out as a note under section 1070e–1 of this title] may be cited as the ‘Alcohol and Drug Abuse Education Amendments of 1978’.”

Short Title of 1976 AmendmentsPub. L. 94–482, § 1, Oct. 12, 1976, 90 Stat. 2081, provided: “That this Act [see Tables for classification] may be cited as the ‘Education Amendments of 1976’.”

Pub. L. 94–328, § 1, June 30, 1976, 90 Stat. 727, provided: “That this joint resolution [amending sections 1070a, 1074, 1078 and 1078a of this title and enacting provisions set out as notes under section 1226a of this title and section 2756 of Title 42, The Public Health and Welfare] may be cited as the ‘Emergency Technical Provisions Act of 1976’.”

Short Title of 1972 AmendmentPub. L. 92–318, § 1, June 23, 1972, 86 Stat. 235, provided: “That this Act [enacting chapter 36 (§ 1601 et seq.), chapter 37 (§ 1651 et seq.), chapter 38 (§ 1681 et seq.), and sections 241aa to 241ff, 887c, 887d, 900 to 900a–5, 1005a, 1021, 1031, 1042, 1070 to 1070e, 1070e–1, 1087–1, 1087–2, 1087aa to 1087ff, 1088d to 1088g, 1119a, 1132a to 1132e–1, 1134 to 1134s, 1135, 1135a, 1135b to 1135c, 1135c–1, 1142a, 1142b, 1144a, 1145a, 1211a, 1221a to 1221h, 1227 of this title, and section 326a of Title 7, Agriculture, and 2756a of Title 42, The Public Health and Welfare, amending this section and sections 240, 241c, 241e, 331a, 332, 421, 441, 511, 513, 822, 823, 842, 843, 863, 880b–3a, 1003, 1011, 1021, 1022 to 1024, 1027, 1031, 1033, 1041, 1051 to 1056, 1061, 1068, 1070, 1074, 1075, 1077, 1078, 1078a, 1080, 1083, 1084, 1087, 1087a, 1087c, 1088, 1088c, 1091, 1091a to 1091c, 1101, 1102, 1108 to 1111, 1115, 1116, 1118, 1119, 1119a, 1119b–2, 1121, 1129, 1133, 1133a, 1134j, 1136, 1136a, 1136b, 1141, 1176, 1231, 1231a, 1232a, 1232c, 1242, 1244, 1248, 1302, 1321 to 1323, 1341, 1352, 1371, 1391, and 1412 of this title, and sections 329, 331, 343, 349, 361, and 1626 of Title 7, sections 24, 84, 1464, and 1757 of Title 12, Banks and Banking, sections 203 and 213 of Title 29, Labor, and sections 2751, 2752, and 2754 of Title 42, repealing sections 1, 2, 426, 711 to 721, 731, 732, 746, 1021, 1031, 1032, 1060, 1118, 1119a, 1119b–2, and 1119c–4 of this title, and enacting provisions set out as notes under this section and sections 241a, 241e, 241aa, 331a, 425, 821, 887d, 1005a, 1009, 1070, 1070e, 1074, 1075, 1087–2, 1087aa, 1091a, 1132a, 1132c–3, 1135c, 1231, and 1232 of this title, sections 301 and 326a of Title 7, and section 3501 of Title 42] may be cited as the ‘Education Amendments of 1972’.”

Short Title of 1968 AmendmentPub. L. 90–575, § 1, Oct. 16, 1968, 82 Stat. 1014, provided: “That this Act [enacting sections 451 to 455, 746, 1056, 1060, 1087, 1087a to 1087c, 1088 to 1088c, 1089, 1119a–1, 1129a, 1133 to 1133b, 1134 to 1134l, 1135, 1135a, 1135b, 1135c, 1136 to 1136b, 1145, 1146 to 1150 of this title, amending this section and sections 403, 421 to 425, 425 note, 426, 441 to 445, 462 to 464, 481 to 484, 511, 513, 562, 581, 584, 588, 591, 711, 713 to 718, 731, 732, 743, 751, 758, 961, 1005, 1006, 1021 to 1024, 1031, 1033, 1041, 1051, 1061, 1062, 1065 to 1068, 1071 to 1075, 1077, 1078, 1080, 1083 to 1086, 1091c, 1101, 1104, 1108 to 1111, 1113, 1114, 1115, 1118, 1119a, 1119b–2, 1121, 1124, 1125, 1141, 1142, 1143, 1144 and 1176 of this title, section 1464 of Title 12, Banks and Banking, and sections 2741, 2751 to 2756, and 2809 of Title 42, The Public Health and Welfare, repealing sections 733, 981 to 996 of this title, and section 2757 of Title 42, and enacting provisions set out as notes under this section and sections 423 to 425, 445, 462 to 464, 588, 713, 716 to 718, 743, 751, 981, 1006, 1022, 1024, 1051, 1056, 1060, 1067, 1071, 1077, 1078, 1083, 1088b, and 1109 of this title, and sections 2751, 2753, 2754, and 2809 of Title 42] may be cited as the ‘Higher Education Amendments of 1968’.”

Short Title of 1966 AmendmentPub. L. 89–752, § 1, Nov. 3, 1966, 80 Stat. 1240, provided: “That this Act [enacting section 1086 of this title, amending sections 403, 421, 425, 441, 443, 711–715, 731, 743, 744, 751, 1022, 1051, 1072, 1121, and 1124 of this title, and enacting provisions set out as notes under sections 403, 443, 1022, 1071, and 1124 of this title] may be cited as the ‘Higher Education Amendments of 1966’.”

Short TitlePub. L. 89–329, § 1, Nov. 8, 1965, 79 Stat. 1219, provided: “That this Act [enacting this chapter and section 2757 of Title 42, The Public Health and Welfare, and amending sections 403, 424, 425, 441, 443, 591, 711, 713 to 717, 731, and 751 of this title, and sections 2751 to 2756, and 2761 of Title 42] may be cited as the ‘Higher Education Act of 1965’.”

Pub. L. 89–329, title V, § 509, as added by Pub. L. 90–35, § 8, provided that title V of Pub. L. 89–329 could be cited as the “Education Professions Development Act”, prior to the general amendment of title V of Pub. L. 89–329 by Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1495.
For short title of section 1092(f) of this title as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, see section 1092(f)(18) of this title.

Emergency Financial Aid GrantsPub. L. 116–260, div. N, title II, § 277, Dec. 27, 2020, 134 Stat. 1980, provided that:
“(a) In general.—In the case of a student receiving a qualified emergency financial aid grant—“(1) such grant shall not be included in the gross income of such individual for purposes of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.], and

“(2) such grant shall not be treated as described in subparagraph (A), (B), or (C) of section 25A(g)(2) of such Code [26 U.S.C. 25A(g)(2)].

“(b) Definitions.—For purposes of this subsection, the term ‘qualified emergency financial aid grant’ means—“(1) any emergency financial aid grant awarded by an institution of higher education under section 3504 of the CARES Act [section 3504 of Pub. L. 116–136, set out below],

“(2) any emergency financial aid grant from an institution of higher education made with funds made available under section 18004 of the CARES Act [Pub. L. 116–136, 20 U.S.C. 3401 note], and

“(3) any other emergency financial aid grant made to a student from a Federal agency, a State, an Indian tribe, an institution of higher education, or a scholarship-granting organization (including a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.5304 [sic])) for the purpose of providing financial relief to students enrolled at institutions of higher education in response to a qualifying emergency (as defined in section 3502(a)(4) of the CARES Act [section 3502(a)(4) of Pub. L. 116–136, set out below]).

“(c) Limitation.—This section shall not apply to that portion of any amount received which represents payment for teaching, research, or other services required as a condition for receiving the qualified emergency financial aid grant.

“(d) Effective date.—This section shall apply to qualified emergency financial aid grants made after March 26, 2020.”

Guidance to StatesPub. L. 116–260, div. FF, title VII, § 702(a)(3), Dec. 27, 2020, 134 Stat. 3138, provided that: “The Secretary of Education shall issue guidance for States on interpretation and implementation of the terminology and formula adjustments made to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) under the amendments by this Act [probably means “this title”, see Tables for classification], including the student aid index, formerly known as the expected family contribution, and the need analysis formulas.”

Forgiveness of HBCU Capital Financing LoansPub. L. 116–260, div. FF, title VII, § 706, Dec. 27, 2020, 134 Stat. 3200, provided that:
“(a) Forgiveness.—Not later than 90 days after the effective date of this section [see Effective Date of 2020 Amendment note set out above], the Secretary of Education shall repay each institution of higher education’s outstanding balance of principal, interest, fees, and costs on the disbursed loan amounts (as of such effective date) under each applicable closed loan agreement, including paying any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the applicable closed loan agreement that are usual and customary when the loan is paid off by the institution.

“(b) Applicable Closed Loan Agreement.—In this section, the term ‘applicable closed loan agreement’ means each of the following:“(1) A closed loan agreement executed before the date of enactment of this Act [Dec. 27, 2020] and made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).

“(2) A closed loan agreement executed before the date of enactment of this Act and made for deferment balances authorized under—“(A) section 3512 of the CARES Act [Pub. L. 116–136] (20 U.S.C. 1001 note);

“(B) title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2586) [see Tables for classification];

“(C) title III of division B of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115–245; 132 Stat. 3097) [see Tables for classification]; or

“(D) title III of division H of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 741) [see Tables for classification].

“(c) Authorization and Appropriation.—There are authorized to be appropriated, and there are appropriated, out of any amounts in the Treasury not otherwise appropriated, such sums as may be necessary to carry out subsection (a).

“(d) Effective Date.—Notwithstanding section 701(b) [set out as a note above], this section shall take effect on the date of enactment of this Act [Dec. 27, 2020].”

COVID–19 Pandemic Education ReliefPub. L. 116–136, div. A, title III, §§ 3502–3510, 3512, 3513, 3517–3519, Mar. 27, 2020, 134 Stat. 395–399, 403, 404, 408, 409, as amended by Pub. L. 116–260, div. FF, title I, § 101(a), Dec. 27, 2020, 134 Stat. 3082; Pub. L. 117–49, § 4(a), (b), Oct. 13, 2021, 135 Stat. 404, 405, provided that:
“SEC. 3502. DEFINITIONS.“(a) Definitions.—In this subtitle [subtitle B (§§ 3501–3519) of title III of div. A of Pub. L. 116–136, see Short Title of 2020 Amendment note set out above]:“(1) Coronavirus.—The term ‘coronavirus’ has the meaning given the term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123 [134 Stat. 155]).

“(2) Foreign institution.—The term ‘foreign institution’ means an institution of higher education located outside the United States that is described in paragraphs (1)(C) and (2) of section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).

“(3) Institution of higher education.—The term ‘institution of higher education’ has the meaning of the term under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

“(4) Qualifying emergency.—The term ‘qualifying emergency’ means—“(A) a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d);

“(B) an event related to the coronavirus for which the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191); or

“(C) a national emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621].

“(5) Secretary.—The term ‘Secretary’ means the Secretary of Education.

“SEC. 3503. CAMPUS-BASED AID WAIVERS.“(a) Waiver of Non-federal Share Requirement.—Notwithstanding sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with respect to funds made available for award years 2019–2020 and 2020–2021, the Secretary shall waive the requirement that a participating institution of higher education provide a non-Federal share to match Federal funds provided to the institution for the programs authorized pursuant to subpart 3 of part A and part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087–51 et seq.) for all awards made under such programs during such award years, except nothing in this subsection shall affect the non-Federal share requirement under section 443(c)(3) that applies to private for-profit organizations.

“(b) Authority to Reallocate.—Notwithstanding sections 413D, 442, and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b–3, 1087–52, and 1095), during a period of a qualifying emergency, an institution may transfer up to 100 percent of the institution’s unexpended allotment under section 442 of such Act to the institution’s allotment under section 413D of such Act, but may not transfer any funds from the institution’s unexpended allotment under section 413D of such Act to the institution’s allotment under section 442 of such Act.

“SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS FOR EMERGENCY AID.“(a) In General.—Notwithstanding section 413B of the Higher Education Act of 1965 (20 U.S.C. 1070b–1), an institution of higher education may reserve any amount of an institution’s allocation under subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year, emergency financial aid grants to assist undergraduate or graduate students for unexpected expenses and unmet financial need as the result of a qualifying emergency.

“(b) Determinations.—In determining eligibility for and awarding emergency financial aid grants under this section, an institution of higher education may—“(1) waive the amount of need calculation under section 471 of the Higher Education Act of 1965 (20 U.S.C. 1087kk);

“(2) allow for a student affected by a qualifying emergency to receive funds in an amount that is not more than the maximum Federal Pell Grant for the applicable award year; and

“(3) utilize a contract with a scholarship-granting organization designated for the sole purpose of accepting applications from or disbursing funds to students enrolled in the institution of higher education, if such scholarship-granting organization disburses the full allocated amount provided to the institution of higher education to the recipients.

“(c) Special Rule.—Any emergency financial aid grants to students under this section shall not be treated as other financial assistance for the purposes of section 471 of the Higher Education Act of 1965 (20 U.S.C. 1087kk).

“SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY.“(a) In General.—In the event of a qualifying emergency, an institution of higher education participating in the program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.) may make payments under such part to affected work-study students, for the period of time (not to exceed one academic year) in which affected students were unable to fulfill the students’ work-study obligation for all or part of such academic year due to such qualifying emergency, as follows:“(1) Payments may be made under such part to affected work-study students in an amount equal to or less than the amount of wages such students would have been paid under such part had the students been able to complete the work obligation necessary to receive work study funds, as a one time grant or as multiple payments.

“(2) Payments shall not be made to any student who was not eligible for work study or was not completing the work obligation necessary to receive work study funds under such part prior to the occurrence of the qualifying emergency.

“(3) Any payments made to affected work-study students under this subsection shall meet the matching requirements of section 443 of the Higher Education Act of 1965 (20 U.S.C. 1087–53), unless such matching requirements are waived by the Secretary.

“(b) Definition of Affected Work-study Student.—In this section, the term ‘affected work-study student’ means a student enrolled at an eligible institution participating in the program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.) who—“(1) received a work-study award under section 443 of the Higher Education Act of 1965 (20 U.S.C. 1087–53) for the academic year during which a qualifying emergency occurred;

“(2) earned Federal work-study wages from such eligible institution for such academic year; and

“(3) was prevented from fulfilling the student’s work-study obligation for all or part of such academic year due to such qualifying emergency.

“SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS.“Notwithstanding section 455(q)(3) of the Higher Education Act of 1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a student’s period of enrollment for purposes of loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) any semester (or the equivalent) that the student does not complete due to a qualifying emergency, if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student.

“SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT.“The Secretary shall exclude from a student’s Federal Pell Grant duration limit under section 401(c)(5) of the Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) [probably means 20 U.S.C. 1070a(c)(5)] any semester (or the equivalent) that the student does not complete due to a qualifying emergency if the Secretary is able to administer such policy in a manner that limits complexity and the burden on the student.

“SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN FLEXIBILITY.“(a) Institutional Waiver.—“(1) In general.—The Secretary shall waive the institutional requirement under section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b) with respect to the amount of grant or loan assistance (other than assistance received under part C of title IV of such Act [20 U.S.C. 1087–51 et seq.]) to be returned under such section if a recipient of assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) withdraws from the institution of higher education during the payment period or period of enrollment as a result of a qualifying emergency.

“(2) Waivers.—The Secretary shall require each institution using a waiver relating to the withdrawal of recipients under this subsection to report the number of such recipients, the amount of grant or loan assistance (other than assistance received under part C of title IV of such Act) associated with each such recipient, and the total amount of grant or loan assistance (other than assistance received under part C of title IV of such Act) for which each institution has not returned assistance under title IV to the Secretary.

“(b) Student Waiver.—The Secretary shall waive the amounts that students are required to return under section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell Grants or other grant assistance if the withdrawals on which the returns are based, are withdrawals by students who withdrew from the institution of higher education as a result of a qualifying emergency.

“(c) Canceling Loan Obligation.—Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall cancel the borrower’s obligation to repay the entire portion of a loan made under part D of title IV of such Act (20 U.S.C. 1087a et seq.) associated with a payment period for a recipient of such loan who withdraws from the institution of higher education during the payment period as a result of a qualifying emergency.

“(d) Approved Leave of Absence.—Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), for purposes of receiving assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher education may, as a result of a qualifying emergency, provide a student with an approved leave of absence that does not require the student to return at the same point in the academic program that the student began the leave of absence if the student returns within the same semester (or the equivalent).

“SEC. 3509. SATISFACTORY ACADEMIC PROGRESS.“Notwithstanding section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091), in determining whether a student is maintaining satisfactory academic progress for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher education may, as a result of a qualifying emergency, exclude from the quantitative component of the calculation any attempted credits that were not completed by such student without requiring an appeal by such student.

“SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.“(a) In General.—Notwithstanding section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign institution, in the case of a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located, the Secretary may permit any part of an otherwise eligible program to be offered via distance education for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) until the end of the covered period applicable to the institution.

“(b) Eligibility.—An otherwise eligible program that is offered in whole or in part through distance education by a foreign institution between March 1, 2020, and the date of enactment of this Act [Mar. 27, 2020] shall be deemed eligible for the purposes of part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) until the end of the covered period applicable to the institution. An institution of higher education that uses the authority provided in the previous sentence shall report such use to the Secretary—“(1) for the 2019–2020 award year, not later than June 30, 2020; and

“(2) for an award year subsequent to the 2019–2020 award year, not later than 30 days after such use.

“(c) Report.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until all covered periods for foreign institutions carrying out a distance education program authorized under this section have ended, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each foreign institution that carried out a distance education program authorized under this section.

“(d) Written Arrangements.—“(1) In general.—Notwithstanding section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), until the end of the covered period applicable to a foreign institution, the Secretary may allow the foreign institution to enter into a written arrangement with an institution of higher education located in the United States that participates in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose of allowing a student of the foreign institution who is a borrower of a loan made under such part to take courses from the institution of higher education located in the United States.

“(2) Form of arrangements.—“(A) Public or other nonprofit institutions.—A foreign institution that is a public or other nonprofit institution may enter into a written arrangement under paragraph (1) only with an institution of higher education described in section 101 of such Act (20 U.S.C. 1001).

“(B) Other institutions.—A foreign institution that is a graduate medical school, nursing school, or a veterinary school and that is not a public or other nonprofit institution may enter into a written arrangement under paragraph (1) with an institution of higher education described in section 101 or section 102 of such Act (20 U.S.C. 1001 and 1002).

“(3) Report on use.—An institution of higher education that uses the authority described in paragraph (2) shall report such use to the Secretary—“(A) for the 2019–2020 award year, not later than June 30, 2020; and

“(B) for an award year subsequent to the 2019–2020 award year, not later than 10 days after such use.

“(4) Report from the secretary.—Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until all covered periods for foreign institutions that entered into written arrangements under paragraph (1) have ended, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies, for each such foreign institution—“(A) the name of the foreign institution;

“(B) the name of the institution of higher education located in the United States that has entered into a written arrangement with such foreign institution; and

“(C) information regarding the nature of such written arrangement, including which coursework or program requirements are accomplished at each respective institution.

“(e) Definition of Covered Period.—“(1) In general.—In this section, the term ‘covered period’, when used with respect to a foreign institution of higher education, means the period—“(A) beginning on the first day of—“(i) a qualifying emergency; or

“(ii) a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located; and

“(B) ending on the later of—“(i) subject to paragraph (2), the last day of the payment period, for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), following the end of any qualifying emergency or any emergency or disaster described in subparagraph (A)(ii) applicable to the foreign institution; or

“(ii) June 30, 2022.

“(2) Special rule for certain payment periods.—For purposes of subparagraph (B)(i) [probably should be “paragraph (1)(B)(i)”], if the following payment period for an award year ends before June 30 of such award year, the covered period shall be extended until June 30 of such award year.

“SEC. 3512. HBCU CAPITAL FINANCING.“(a) Deferment Period.—“(1) In general.—Notwithstanding any provision of title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or any regulation promulgated under such title, the Secretary may grant a deferment, for the duration of a qualifying emergency, to an institution that has received a loan under part D of title III of such Act (20 U.S.C. 1066 et seq.).

“(2) Terms.—During the deferment period granted under this subsection—“(A) the institution shall not be required to pay any periodic installment of principal or interest required under the loan agreement for such loan; and

“(B) the Secretary shall make principal and interest payments otherwise due under the loan agreement.

“(3) Closing.—At the closing of a loan deferred under this subsection, terms shall be set under which the institution shall be required to repay the Secretary for the payments of principal and interest made by the Secretary during the deferment, on a schedule that begins upon repayment to the lender in full on the loan agreement, except in no case shall repayment be required to begin before the date that is 1 full fiscal year after the date that is the end of the qualifying emergency.

“(b) Termination Date.—“(1) In general.—The authority provided under this section to grant a loan deferment under subsection (a) shall terminate on the date on which the qualifying emergency is no longer in effect.

“(2) Duration.—Any provision of a loan agreement or insurance agreement modified by the authority under this section shall remain so modified for the duration of the period covered by the loan agreement or insurance agreement.

“(c) Report.—Not later than 180 days after the date of enactment of this Act [Mar. 27, 2020], and every 180 days thereafter during the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each institution that received assistance under this section.

“(d) Funding.—There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $62,000,000 to carry out this section.

“SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN BORROWERS.“(a) In General.—The Secretary shall suspend all payments due for loans made under part D and part B (that are held by the Department of Education) of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) through September 30, 2020.

“(b) No Accrual of Interest.—Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), interest shall not accrue on a loan described under subsection (a) for which payment was suspended for the period of the suspension.

“(c) Consideration of Payments.—Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall deem each month for which a loan payment was suspended under this section as if the borrower of the loan had made a payment for the purpose of any loan forgiveness program or loan rehabilitation program authorized under part D or B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which the borrower would have otherwise qualified.

“(d) Reporting to Consumer Reporting Agencies.—During the period in which the Secretary suspends payments on a loan under subsection (a), the Secretary shall ensure that, for the purpose of reporting information about the loan to a consumer reporting agency, any payment that has been suspended is treated as if it were a regularly scheduled payment made by a borrower.

“(e) Suspending Involuntary Collection.—During the period in which the Secretary suspends payments on a loan under subsection (a), the Secretary shall suspend all involuntary collection related to the loan, including—“(1) a wage garnishment authorized under section 488A of the Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D of title 31, United States Code;

“(2) a reduction of tax refund by amount of debt authorized under section 3720A of title 31, United States Code, or section 6402(d) of the Internal Revenue Code of 1986;

“(3) a reduction of any other Federal benefit payment by administrative offset authorized under section 3716 of title 31, United States Code (including a benefit payment due to an individual under the Social Security Act [42 U.S.C. 301 et seq.] or any other provision described in subsection (c)(3)(A)(i) of such section); and

“(4) any other involuntary collection activity by the Secretary.

“(f) Waivers.—In carrying out this section, the Secretary may waive the application of—“(1) subchapter I of chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’);

“(2) the master calendar requirements under section 482 of the Higher Education Act of 1965 (20 U.S.C. 1089);

“(3) negotiated rulemaking under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a); and

“(4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the ‘Privacy Act of 1974’), except that the notices shall be published not later than 180 days after the date of enactment of this Act [Mar. 27, 2020].

“(g) Notice to Borrowers and Transition Period.—To inform borrowers of the actions taken in accordance with this section and ensure an effective transition, the Secretary shall—“(1) not later than 15 days after the date of enactment of this Act, notify borrowers—“(A) of the actions taken in accordance with subsections (a) and (b) for whom payments have been suspended and interest waived;

“(B) of the actions taken in accordance with subsection (e) for whom collections have been suspended;

“(C) of the option to continue making payments toward principal; and

“(D) that the program under this section is a temporary program.

“(2) beginning on August 1, 2020, carry out a program to provide not less than 6 notices by postal mail, telephone, or electronic communication to borrowers indicating—“(A) when the borrower’s normal payment obligations will resume; and

“(B) that the borrower has the option to enroll in income-driven repayment, including a brief description of such options.

“SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIREMENT FOR INSTITUTIONAL AID.“(a) Waiver Authority.—Notwithstanding any other provision of the Higher Education Act of 1965 ([20] U.S.C. 1001 et seq.), unless enacted with specific reference to this section, for any institution of higher education that was receiving assistance under title III, title V, or subpart 4 of part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a qualifying emergency, the Secretary may, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency—“(1) waive—“(A) the eligibility data requirements set forth in section 391(d) and 521(e) of the Higher Education Act of 1965 (20 U.S.C. 1068(d); 1103(e));

“(B) the wait-out period set forth in section 313(d) of the Higher Education Act of 1965 (20 U.S.C. 1059(d));

“(C) the allotment requirements under paragraphs (2) and (3) of subsection [sic] 318(e) of the Higher Education Act of 1965 (20 U.S.C. 1059e(e)), and the reference to ‘the academic year preceding the beginning of that fiscal year’ under such section 318(e)(1);

“(D) the allotment requirements under subsections (b), (c), and (g) of section 324 of the Higher Education Act of 1965 (20 U.S.C. 1063), the reference to ‘the end of the school year preceding the beginning of that fiscal year’ under such section 324(a), and the reference to ‘the academic year preceding such fiscal year’ under such section 324(h);

“(E) subparagraphs (A), (C), (D), and (E) of section 326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1063b(f)(3)), and references to ‘previous year’ under such section 326(f)(3)(B);

“(F) subparagraphs (A), (C), (D), and (E) of section 723(f)(3) and subparagraphs (A), (C), (D), and (E) of section 724(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1136a(f)(3); 1136b(f)(3)), and references to ‘previous academic year’ under subparagraph (B) of such sections 723(f)(3) and 724(f)(3); and

“(G) the allotment restriction set forth in section 318(d)(4) and section 323(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and

“(2) waive or modify any statutory or regulatory provision to ensure that institutions that were receiving assistance under title III, title V, or subpart 4 of part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a qualifying emergency are not adversely affected by any formula calculation for fiscal year 2020 and for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, as necessary.

“(b) Use of Unexpended Funds.—Any funds paid to an institution under title III, title V, or subpart 4 of part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) and not expended or used for the purposes for which the funds were paid to the institution during the 5-year period following the date on which the funds were first paid to the institution, may be carried over and expended during the succeeding 5-year period.

“(c) Report.—Not later than 180 days after the date of enactment of this Act [Mar. 27, 2020], and every 180 days thereafter for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each institution that received a waiver or modification under this section.

“SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS FOR GRANTS.“(a) In General.—The Secretary is authorized to modify the required and allowable uses of funds for grants awarded under part A or B of title III, chapter I or II of subpart 2 of part A of title IV, title V, or subpart 4 of part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an institution of higher education or other grant recipient (not including individual recipients of Federal student financial assistance), at the request of an institution of higher education or other recipient of a grant (not including individual recipients of Federal student financial assistance) as a result of a qualifying emergency, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency.

“(b) Matching Requirement Modifications.—Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary is authorized to modify any Federal share or other financial matching requirement for a grant awarded on a competitive basis or a grant awarded under part A or B of title III or subpart 4 of part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution of higher education or other grant recipient as a result of a qualifying emergency, for the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency.

“(c) Reports.—Not later than 180 days after the date of enactment of this Act [Mar. 27, 2020], and every 180 days thereafter for the duration of the period beginning on the first day of the qualifying emergency and ending on September 30 of the fiscal year following the end of the qualifying emergency, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each institution of higher education or other grant recipient that received a modification under this section.

“SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS.“(a) Teach Grants.—Notwithstanding any provision of subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.), the Secretary—“(1) may modify the categories of extenuating circumstances under which a recipient of a grant under subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.) who is unable to fulfill all or part of the recipient’s service obligation may be excused from fulfilling that portion of the service obligation;

“(2) shall consider teaching service that, as a result of a qualifying emergency, is part-time or temporarily interrupted, to be full-time service and to fulfill the service obligations under section 420N of such Act; and

“(3) shall extend the service obligation window (as described in section 420N(b)(1)(A) of such Act) for a period of not more than 3 years, in addition to any extensions provided in accordance with subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.), in the case of a grant recipient whose service obligation window begins during, or includes—“(A) the qualifying emergency period; or

“(B) a period of recession or economic downturn related to the qualifying emergency period, as determined by the Secretary in consultation with the Secretary of Labor.

“(b) Teacher Loan Forgiveness.—Notwithstanding section 428J or 460 of the Higher Education Act of 1965 (20 U.S.C. 1078–10; 1087j), the Secretary shall waive the requirements under such sections that years of teaching service shall be consecutive if—“(1) the teaching service of a borrower is temporarily interrupted due to a qualifying emergency; and

“(2) after the temporary interruption due to a qualifying emergency, the borrower resumes teaching service and completes a total of 5 years of qualifying teaching service under such sections, including qualifying teaching service performed before, during, and after such qualifying emergency.

“(c) Federal Perkins Loans.—Notwithstanding section 465 of the Higher Education Act of 1965 (20 U.S.C. 1087ee), the Secretary shall waive the requirements of such section in regard to full-time service and shall consider an incomplete year of service of a borrower as fulfilling the requirement for a complete year of service under such section, if the service was interrupted due to a qualifying emergency.”

[Pub. L. 117–49, § 4(c), Oct. 13, 2021, 135 Stat. 405, provided that: “The amendments made by this section [amending section 3519 of Pub. L. 116–136, set out above] shall take effect as if included in the enactment of the CARES Act (Public Law 116–136).”
]
[Pub. L. 116–260, div. FF, title I, § 101(a)(4)(D)(ii), Dec. 27, 2020, 134 Stat. 3083, which directed amendment of section 3510(d)(4) of Pub. L. 116–136, set out above, by substituting “identifies, for each such foreign institution—” and subpars. (A) to (C) for “identifies each foreign institution that entered into a written arrangement under subsection (a).”, was executed by making the substitution for “identifies each foreign institution that entered into a written arrangement authorized under subsection (a).” to reflect the probable intent of Congress.]
[Pub. L. 116–260, div. FF, title I, § 101(b), Dec. 27, 2020, 134 Stat. 3083, provided that: “The amendments made by subsection (a) [amending section 3510 of Pub. L. 116–136, set out above] shall take effect as if included in the enactment of the CARES Act (Public Law 116–136).”
]

Higher Education ExtensionPub. L. 109–81, Sept. 30, 2005, 119 Stat. 2048, as amended by Pub. L. 109–150, § 2(a), Dec. 30, 2005, 119 Stat. 2884; Pub. L. 109–212, § 2, Apr. 1, 2006, 120 Stat. 321; Pub. L. 109–238, § 2, June 30, 2006, 120 Stat. 507; Pub. L. 109–292, § 2, Sept. 30, 2006, 120 Stat. 1340; Pub. L. 110–44, § 2, July 3, 2007, 121 Stat. 238; Pub. L. 110–51, § 2, July 31, 2007, 121 Stat. 263; Pub. L. 110–109, § 2, Oct. 31, 2007, 121 Stat. 1028; Pub. L. 110–198, § 2, Mar. 24, 2008, 122 Stat. 656; Pub. L. 110–230, § 1(a), May 13, 2008, 122 Stat. 877; Pub. L. 110–238, § 1(a), May 30, 2008, 122 Stat. 1558; Pub. L. 110–256, § 1(a), June 30, 2008, 122 Stat. 2425; Pub. L. 110–300, § 1(a), July 31, 2008, 122 Stat. 2998, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Higher Education Extension Act of 2005’.

“SEC. 2. EXTENSION OF PROGRAMS.“(a) Extension of Duration.—The authorization of appropriations for, and the duration of, each program authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) shall be extended through August 15, 2008.

“(b) Performance of Required and Authorized Functions.—If the Secretary of Education, a State, an institution of higher education, a guaranty agency, a lender, or another person or entity—“(1) is required, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments shall be required to be carried out, made, or continued during the period of the extension under this section; or

“(2) is permitted or authorized, in or for fiscal year 2004, to carry out certain acts or make certain determinations or payments under a program under the Higher Education Act of 1965, such acts, determinations, or payments are permitted or authorized to be carried out, made, or continued during the period of the extension under this section.

“(c) Extension at Current Levels.—The amount authorized to be appropriated for a program described in subsection (a) during the period of extension under this section shall be the amount authorized to be appropriated for such program for fiscal year 2004, or the amount appropriated for such program for such fiscal year, whichever is greater. Except as provided in any amendment to the Higher Education Act of 1965 enacted during fiscal year 2005 or 2006, the amount of any payment required or authorized under subsection (b) in or for the period of the extension under this section shall be determined in the same manner as the amount of the corresponding payment required or authorized in or for fiscal year 2004.

“(d) Advisory Committees and Other Entities Continued.—Any advisory committee, interagency organization, or other entity that was, during fiscal year 2004, authorized or required to perform any function under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), or in relation to programs under that Act, shall continue to exist and is authorized or required, respectively, to perform such function for the period of the extension under this section.

“(e) Additional Extension not Permitted.—Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) shall not apply to further extend the authorization of appropriations for any program described in subsection (a) on the basis of the extension of such program under this section.

“(f) Exception.—The programs described in subsection (a) for which the authorization of appropriations, or the duration of which, is extended by this section include provisions applicable to institutions in, and students in or from, the Freely Associated States, except that those provisions shall be applicable with respect to institutions in, and students in or from, the Federated States of Micronesia and the Republic of the Marshall Islands only to the extent specified in Public Law 108–188 [48 U.S.C. 1921 et seq.].”

[Pub. L. 110–300, § 1(c), July 31, 2008, 122 Stat. 2998, provided that: “The amendment made by subsection (a) [amending Pub. L. 109–81, set out above] shall take effect as if enacted on July 31, 2008.”
]
[Pub. L. 110–230, § 1(c), May 13, 2008, 122 Stat. 877, provided that: “The amendment made by subsection (a) [amending Pub. L. 109–81, set out above] shall take effect as if enacted on April 30, 2008.”
]
[Pub. L. 110–300, § 1(b), July 31, 2008, 122 Stat. 2998, provided that: “Nothing in this section [enacting provisions set out above and amending Pub. L. 109–81, set out above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above], by the College Cost Reduction and Access Act (Public Law 110–84) [see Short Title of 2007 Amendment note above], or by the Ensuring Continued Access to Student Loans Act of 2008 (Public Law 110–227) [see Short Title of 2008 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 110–256, § 1(b), June 30, 2008, 122 Stat. 2425, provided that: “Nothing in this section [amending Pub. L. 109–81, set out above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above], by the College Cost Reduction and Access Act (Public Law 110–84) [see Short Title of 2007 Amendment note above], or by the Ensuring Continued Access to Student Loans Act of 2008 (Public Law 110–227) [see Short Title of 2008 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 110–238, § 1(b), May 30, 2008, 122 Stat. 1558, provided that: “Nothing in this section [amending Pub. L. 109–81, set out above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above], by the College Cost Reduction and Access Act (Public Law 110–84) [see Short Title of 2007 Amendment note above], or by the Ensuring Continued Access to Student Loans Act of 2008 (Public Law 110–227) [see Short Title of 2008 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 110–230, § 1(b), May 13, 2008, 122 Stat. 877, provided that: “Nothing in this section [enacting provisions set out above and amending Pub. L. 109–81, set out above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above] or by the College Cost Reduction and Access Act (Public Law 110–84) [see Short Title of 2007 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 110–198, § 3, Mar. 24, 2008, 122 Stat. 656, provided that: “Nothing in this Act [see Short Title of 2008 Amendment note above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above] or by the College Cost Reduction and Access Act (Public Law 110–84) [see Short Title of 2007 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 110–109, § 3, Oct. 31, 2007, 121 Stat. 1028, provided that: “Nothing in this Act [see Short Title of 2007 Amendment note above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above] or by the College Cost Reduction and Access Act (Public Law 110–84) [see Short Title of 2007 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 110–51, § 3, July 31, 2007, 121 Stat. 263, provided that: “Nothing in this Act [see Short Title of 2007 Amendment note above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 110–44, § 3, July 3, 2007, 121 Stat. 238, provided that: “Nothing in this Act [see Short Title of 2007 Amendment note above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 109–292, § 7, Sept. 30, 2006, 120 Stat. 1343, provided that: “Nothing in this Act [see Short Title of 2006 Amendment note above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (P.L. 109–171) [see Short Title of 2006 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 109–238, § 3, June 30, 2006, 120 Stat. 507, provided that: “Nothing in this Act [see Short Title of 2006 Amendment note above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
[Pub. L. 109–212, § 3, Apr. 1, 2006, 120 Stat. 321, provided that: “Nothing in this Act [see Short Title of 2006 Amendment note above], or in the Higher Education Extension Act of 2005 [Pub. L. 109–81, set out above] as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) [see Short Title of 2006 Amendment note above] to the provisions of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and the Taxpayer-Teacher Protection Act of 2004 [see Short Title of 2004 Amendment note above].”
]
Similar provisions were contained in Pub. L. 108–366, Oct. 25, 2004, 118 Stat. 1741.

Study of Opportunities for Participation in Athletics ProgramsPub. L. 105–244, title VIII, § 805, Oct. 7, 1998, 112 Stat. 1807, which required the Comptroller General to conduct a study of the opportunities for participation in intercollegiate athletics and to submit a report on the study to committees of Congress, was repealed by Pub. L. 110–315, title IX, § 931(1), Aug. 14, 2008, 122 Stat. 3456.

Stylistic ConsistencyPub. L. 103–208, § 2(m), Dec. 20, 1993, 107 Stat. 2486, provided that: “The Act [Pub. L. 89–329, see Short Title note above] is amended so that the section designation and section heading of each section of the Act shall be in the form and typeface of the section designation and heading of this section [107 Stat. 2457].”

Terms Defined for Purposes of Titles XIII, XIV, and XV of Pub. L. 102–325Pub. L. 102–325, § 1(c), July 23, 1992, 106 Stat. 448, as amended by Pub. L. 105–244, title I, § 102(a)(6)(A), Oct. 7, 1998, 112 Stat. 1618, provided that: “Unless otherwise provided therein, terms used in titles XIII, XIV, and XV [enacting sections 1145h and 4426 of this title, sections 3301 to 3371 of Title 25, Indians, and sections 2401 to 2405 of Title 29, Labor, amending sections 1221e–1, 1232g, 3412, 4412, 4414, 4416, 4417, 4418, 4421, 4422, 4423, 4424, 4425, 5381, and 5411 of this title, section 5315 of Title 5, Government Organization and Employees, sections 4604 and 4609 of Title 22, Foreign Relations and Intercourse, former section 640c–1 and sections 1810, 1836, and 1852 of Title 25, and sections 295g–8 and 12576 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 1070, 1070a–11, 1070a–21, 1071, 1080, 1088, 1101, 1132a, 1134, 1221–1, 1221e, 1232g, 1452, and 9003 of this title, amending provisions set out as a note under section 1091a of this title, and repealing provisions set out as a note under section 362 of Title 11, Bankruptcy] shall have the same meaning given to such terms in section 101 of the Higher Education Act of 1965 [this section].”

General Provisions of 1972 AmendmentPub. L. 92–318, § 2, June 23, 1972, 86 Stat. 236, provided that:
“(a) As used in this Act [See Short Title of 1972 Amendment note above]—“(1) the term ‘Secretary’ means the Secretary of Health, Education, and Welfare [now Secretary of Education]; and

“(2) the term ‘Commissioner’ means the Commissioner of Education [now Secretary of Education];

unless the context requires another meaning.

“(b) Unless otherwise specified, the redesignation of a section, subsection, or other designation by any amendment in this Act shall include the redesignation of any reference to such section, subsection, or other designation in any Act or regulation, however styled.

“(c)(1) Unless otherwise specified, each provision of this Act and each amendment made by this Act shall be effective after June 30, 1972, and with respect to appropriations for the fiscal year ending June 30, 1973, and succeeding fiscal years.

“(2) Unless otherwise specified, in any case where an amendment made by this Act is to become effective after a date set herein, it shall be effective with the beginning of the day which immediately follows the date after which such amendment is effective.

“(3) In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1971, such amendment shall be deemed to have been enacted on July 1, 1971.”

Rulemaking Requirements; Publication in Federal RegisterPub. L. 90–575, title V, § 505, Oct. 16, 1968, 82 Stat. 1063, provided for publication of rules and regulations in Federal Register, prior to repeal by Pub. L. 91–230, title IV, § 401(e)(2), Apr. 13, 1970, 84 Stat. 173.

Presidential Recommendations by December 31, 1969, With Respect to Post-Secondary Education for AllPub. L. 90–575, title V, § 508, Oct. 16, 1968, 82 Stat. 1063, authorized the President, on or before Dec. 31, 1969, to submit to the Congress proposals relative to the feasibility of making available a post-secondary education to all young Americans who qualify and seek it.

Executive Documents

Ex. Ord. No. 13864. Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities
Ex. Ord. No. 13864, Mar. 21, 2019, 84 F.R. 11401, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. The purpose of this order is to enhance the quality of postsecondary education by making it more affordable, more transparent, and more accountable. Institutions of higher education (institutions) should be accountable both for student outcomes and for student life on campus.
In particular, my Administration seeks to promote free and open debate on college and university campuses. Free inquiry is an essential feature of our Nation’s democracy, and it promotes learning, scientific discovery, and economic prosperity. We must encourage institutions to appropriately account for this bedrock principle in their administration of student life and to avoid creating environments that stifle competing perspectives, thereby potentially impeding beneficial research and undermining learning.
The financial burden of higher education on students and their families is also a national problem that needs immediate attention. Over the past 30 years, college tuition and fees have grown at more than twice the rate of the Consumer Price Index. Rising student loan debt, coupled with low repayment rates, threatens the financial health of both individuals and families as well as of Federal student loan programs. In addition, too many programs of study fail to prepare students for success in today’s job market.
The Federal Government can take meaningful steps to address these problems. Selecting an institution and course of study are important decisions for prospective students and significantly affect long-term earnings. Institutions should be transparent about the average earnings and loan repayment rates of former students who received Federal student aid. Additionally, the Federal Government should make this information readily accessible to the public and to prospective students and their families, in particular.
This order will promote greater access to critical information regarding the prices and outcomes of postsecondary education, thereby furthering the goals of the National Council for the American Worker established by Executive Order 13845 of July 19, 2018 (Establishing the President’s National Council for the American Worker) [29 U.S.C. 3101 note]. Increased information disclosure will help ensure that individuals make educational choices suited to their needs, interests, and circumstances. Access to this information will also increase institutional accountability and encourage institutions to take into account likely future earnings when establishing the cost of their educational programs.
Sec. 2. Policy. It is the policy of the Federal Government to:
(a) encourage institutions to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment for public institutions and compliance with stated institutional policies regarding freedom of speech for private institutions;
(b) help students (including workers seeking additional training) and their families understand, through better data and career counseling, that not all institutions, degrees, or fields of study provide similar returns on their investment, and consider that their educational decisions should account for the opportunity cost of enrolling in a program;
(c) align the incentives of institutions with those of students and taxpayers to ensure that institutions share the financial risk associated with Federal student loan programs;
(d) help borrowers avoid defaulting on their Federal student loans by educating them about risks, repayment obligations, and repayment options; and
(e) supplement efforts by States and institutions by disseminating information to assist students in completing their degrees faster and at lower cost.
Sec. 3. Improving Free Inquiry on Campus. (a) To advance the policy described in subsection 2(a) of this order, the heads of covered agencies shall, in coordination with the Director of the Office of Management and Budget, take appropriate steps, in a manner consistent with applicable law, including the First Amendment, to ensure institutions that receive Federal research or education grants promote free inquiry, including through compliance with all applicable Federal laws, regulations, and policies.
(b) “Covered agencies” for purposes of this section are the Departments of Defense, the Interior, Agriculture, Commerce, Labor, Health and Human Services, Transportation, Energy, and Education; the Environmental Protection Agency; the National Science Foundation; and the National Aeronautics and Space Administration.
(c) “Federal research or education grants” for purposes of this section include all funding provided by a covered agency directly to an institution but do not include funding associated with Federal student aid programs that cover tuition, fees, or stipends.
Sec. 4. Improving Transparency and Accountability on Campus. (a) To advance the policy described in subsections 2(b)–(e) of this order, the Secretary of Education (Secretary) shall, to the extent consistent with applicable law:
(i) make available, by January 1, 2020, through the Office of Federal Student Aid, a secure and confidential website and mobile application that informs Federal student loan borrowers of how much they owe, how much their monthly payment will be when they enter repayment, available repayment options, how long each repayment option will take, and how to enroll in the repayment option that best serves their needs;
(ii) expand and update annually the College Scorecard, or any successor, with the following program-level data for each certificate, degree, graduate, and professional program, for former students who received Federal student aid:
(A) estimated median earnings;
(B) median Stafford loan debt;
(C) median Graduate PLUS loan debt (if applicable);
(D) median Parent PLUS loan debt; and
(E) student loan default rate and repayment rate; and
(iii) expand and update annually the College Scorecard, or any successor, with the following institution-level data, providing the aggregate for all certificate, degree, graduate, and professional programs, for former students who received Federal student aid:
(A) student loan default rate and repayment rate;
(B) Graduate PLUS default rate and repayment rate; and
(C) Parent PLUS default rate and repayment rate.
(b) For the purpose of implementing subsection (a)(ii) of this section, the Secretary of the Treasury shall, upon the request of the Secretary, provide in a timely manner appropriate statistical studies and compilations regarding program-level earnings, consistent with section 6108(b) of title 26, United States Code, other applicable laws, and available data regarding programs attended by former students who received Federal student aid.
Sec. 5. Reporting Requirements. (a) By January 1, 2020, the Secretary, in consultation with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the Chairman of the Council of Economic Advisers, shall submit to the President, through the Assistant to the President for Domestic Policy and the Assistant to the President for Economic Policy, a report identifying and analyzing policy options for sharing the risk associated with Federal student loan debt among the Federal Government, institutions, and other entities.
(b) By January 1, 2020, the Secretary, in consultation with the Secretary of the Treasury, shall submit to the President, through the Assistant to the President for Domestic Policy and the Assistant to the President for Economic Policy, policy recommendations for reforming the collections process for Federal student loans in default.
(c) Beginning July 1, 2019, the Secretary shall provide an annual update on the Secretary’s progress in implementing the policies set forth in subsections 2(b)–(e) of this order to the National Council for the American Worker at meetings of the Council.
(d) Within 1 year of the date of this order [Mar. 21, 2019], the Secretary shall compile information about successful State and institutional efforts to promote students’ timely and affordable completion of a postsecondary program of study. Based on that information, the Secretary shall publish a compilation of research results that addresses:
(i) how some States and institutions have better facilitated successful transfer of credits and degree completion by transfer students;
(ii) how States and institutions can increase access to dual enrollment programs; and
(iii) other strategies for increasing student success, especially among students at high risk of not completing a postsecondary program of study.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.

§ 1002. Definition of institution of higher education for purposes of student assistance programs(a) Definition of institution of higher education for purposes of student assistance programs(1) Inclusion of additional institutionsSubject to paragraphs (2) through (4) of this subsection, the term “institution of higher education” for purposes of subchapter IV includes, in addition to the institutions covered by the definition in section 1001 of this title—(A) a proprietary institution of higher education (as defined in subsection (b) of this section);

(B) a postsecondary vocational institution (as defined in subsection (c) of this section); and

(C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of section 1087b(d) of this title.

(2) Institutions outside the United States(A) In generalFor the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, nursing school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001(a)(4) of this title). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made under part D of subchapter IV unless—(i) except as provided in subparagraph (B)(iii)(IV), in the case of a graduate medical school located outside the United States—(I)(aa) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; and

(bb) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; or

(II) the institution—(aa) has or had a clinical training program that was approved by a State as of January 1, 1992; and

(bb) continues to operate a clinical training program in at least one State that is approved by that State;

(ii) in the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution’s students complete their clinical training at an approved veterinary school located in the United States; or

(iii) in the case of a nursing school located outside of the United States—(I) the nursing school has an agreement with a hospital, or accredited school of nursing (as such terms are defined in section 296 of title 42), located in the United States that requires the students of the nursing school to complete the students’ clinical training at such hospital or accredited school of nursing;

(II) the nursing school has an agreement with an accredited school of nursing located in the United States providing that the students graduating from the nursing school located outside of the United States also receive a degree from the accredited school of nursing located in the United States;

(III) the nursing school certifies only Federal Direct Stafford Loans under section 1087e(a)(2)(A) of this title, Federal Direct Unsubsidized Stafford Loans under section 1087e(a)(2)(D) of this title, or Federal Direct PLUS Loans under section 1087e(a)(2)(B) of this title for students attending the institution;

(IV) the nursing school reimburses the Secretary for the cost of any loan defaults for current and former students included in the calculation of the institution’s cohort default rate during the previous fiscal year; and

(V) not less than 75 percent of the individuals who were students or graduates of the nursing school, and who took the National Council Licensure Examination for Registered Nurses in the year preceding the year for which the institution is certifying a Federal Direct Stafford Loan under section 1087e(a)(2)(A) of this title, a Federal Direct Unsubsidized Stafford Loan under section 1087e(a)(2)(D) of this title, or a Federal Direct PLUS Loan under section 1087e(a)(2)(B) of this title, received a passing score on such examination.

(B) Advisory panel(i) In generalFor the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall—(I) evaluate the standards of accreditation applied to applicant foreign medical schools; and

(II) determine the comparability of those standards to standards for accreditation applied to United States medical schools.

(ii) Special ruleIf the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1001 of this title.

(iii) Report(I) In generalNot later than 1 year after August 14, 2008, the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing committees recommending eligibility criteria for participation in the loan programs under part D of subchapter IV for graduate medical schools that—(aa) are located outside of the United States;

(bb) do not meet the requirements of subparagraph (A)(i); and

(cc) have a clinical training program approved by a State prior to January 1, 2008.

(II) RecommendationsIn the report described in subclause (I), the advisory panel’s eligibility criteria shall include recommendations regarding the appropriate levels of performance for graduate medical schools described in such subclause in the following areas:(aa) Entrance requirements.

(bb) Retention and graduation rates.

(cc) Successful placement of students in United States medical residency programs.

(dd) Passage rate of students on the United States Medical Licensing Examination.

(ee) The extent to which State medical boards have assessed the quality of such school’s program of instruction, including through on-site reviews.

(ff) The extent to which graduates of such schools would be unable to practice medicine in 1 or more States, based on the judgment of a State medical board.

(gg) Any areas recommended by the Comptroller General of the United States under section 1101 of the Higher Education Opportunity Act.

(hh) Any additional areas the Secretary may require.

(III) Minimum eligibility requirementIn the recommendations described in subclause (II), the criteria described in subparagraph (A)(i)(I)(bb) shall be a minimum eligibility requirement for a graduate medical school described in subclause (I) to participate in the loan programs under part D of subchapter IV.

(IV) AuthorityThe Secretary may—(aa) not earlier than 180 days after the submission of the report described in subclause (I), issue proposed regulations establishing criteria for the eligibility of graduate medical schools described in such subclause to participate in the loan programs under part D of subchapter IV based on the recommendations of such report; and

(bb) not earlier than one year after the issuance of proposed regulations under item (aa), issue final regulations establishing such criteria for eligibility.

(C) Failure to release informationThe failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part D of subchapter IV.

(D) Special ruleIf, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part D of subchapter IV while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.

(3) Limitations based on course of study or enrollmentAn institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution—(A) offers more than 50 percent of such institution’s courses by correspondence (excluding courses offered by telecommunications as defined in section 1091(l)(4) 11 See References in Text note below. of this title), unless the institution is an institution that meets the definition in section 2302(3)(C) of this title;

(B) enrolls 50 percent or more of the institution’s students in correspondence courses (excluding courses offered by telecommunications as defined in section 1091(l)(4) 1 of this title), unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;

(C) has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree, or an associate’s degree or a postsecondary diploma, respectively; or

(D) has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.

(4) Limitations based on managementAn institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if—(A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or

(B) the institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV, or has been judicially determined to have committed fraud involving funds under subchapter IV.

(5) CertificationThe Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part H of subchapter IV.

(6) Loss of eligibilityAn institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV as a result of an action pursuant to part H of subchapter IV.

(b) Proprietary institution of higher education(1) Principal criteriaFor the purpose of this section, the term “proprietary institution of higher education” means a school that—(A)(i) provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or

(ii)(I) provides a program leading to a baccalaureate degree in liberal arts, and has provided such a program since January 1, 2009; and

(II) is accredited by a recognized regional accrediting agency or association, and has continuously held such accreditation since October 1, 2007, or earlier;

(B) meets the requirements of paragraphs (1) and (2) of section 1001(a) of this title;

(C) does not meet the requirement of paragraph (4) of section 1001(a) of this title;

(D) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of subchapter IV; and

(E) has been in existence for at least 2 years.

(2) Additional institutionsThe term “proprietary institution of higher education” also includes a proprietary educational institution in any State that, in lieu of the requirement in section 1001(a)(1) of this title, admits as regular students individuals—(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or

(B) who will be dually or concurrently enrolled in the institution and a secondary school.

(c) Postsecondary vocational institution(1) Principal criteriaFor the purpose of this section, the term “postsecondary vocational institution” means a school that—(A) provides an eligible program of training to prepare students for gainful employment in a recognized occupation;

(B) meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001(a) of this title; and

(C) has been in existence for at least 2 years.

(2) Additional institutionsThe term “postsecondary vocational institution” also includes an educational institution in any State that, in lieu of the requirement in section 1001(a)(1) of this title, admits as regular students individuals—(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or

(B) who will be dually or concurrently enrolled in the institution and a secondary school.

(Pub. L. 89–329, title I, § 102, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1586; amended Pub. L. 108–98, § 1(a), Oct. 10, 2003, 117 Stat. 1174; Pub. L. 109–171, title VIII, § 8002, Feb. 8, 2006, 120 Stat. 155; Pub. L. 109–270, § 2(c)(1), Aug. 12, 2006, 120 Stat. 746; Pub. L. 110–315, title I, § 102(a)–(d)(1), Aug. 14, 2008, 122 Stat. 3083–3085; Pub. L. 111–39, title I, § 101(b)(1), July 1, 2009, 123 Stat. 1935; Pub. L. 111–152, title II, § 2209(b)(1), Mar. 30, 2010, 124 Stat. 1077.)

Editorial Notes

References in TextSection 1101 of the Higher Education Opportunity Act, referred to in subsec. (a)(2)(B)(iii)(II)(gg), is section 1101 of title XI of 110–315, Aug. 14, 2008, 122 Stat. 3490, which is not classified to the Code.
Section 1091(l) of this title, referred to in subsec. (a)(3)(A), (B), was struck out and a new section 1091(l) was added by Pub. L. 110–315, title IV, § 485(a)(5), Aug. 14, 2008, 122 Stat. 3288. As so amended, section 1091(l) no longer contains a par. (4) or a definition of “telecommunications”.

Prior ProvisionsProvisions similar to this section were contained in section 1088(a) to (c) of this title prior to repeal by Pub. L. 105–244.
A prior section 1002, Pub. L. 89–329, title I, § 102, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 459, related to partnership agreements required for grant eligibility, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1002, Pub. L. 89–329, title I, § 102, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1278, defined terms “continuing education”, “adult learner”, “eligible institution”, and “qualified entity”, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1002, Pub. L. 89–329, title I, § 102, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1374, provided for establishment of Commission on National Development in Postsecondary Education, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1002, Pub. L. 89–329, title I, § 102, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 94–482, title I, § 101(b)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2083, 2086, defined the terms “community service program”, “continuing education program”, and “resource materials sharing programs”, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2010—Pub. L. 111–152, § 2209(b)(1)(A), substituted “part D” for “part B” wherever appearing before “subchapter IV”.
Subsec. (a)(1)(C). Pub. L. 111–152, § 2209(b)(1)(B), inserted “, consistent with the requirements of section 1087b(d) of this title” before period at end.
Subsec. (a)(2)(A). Pub. L. 111–152, § 2209(b)(1)(C)(i), substituted “made” for “made, insured, or guaranteed” in introductory provisions.
Subsec. (a)(2)(A)(iii)(III). Pub. L. 111–152, § 2209(b)(1)(C)(ii)(I), substituted “only Federal Direct Stafford Loans under section 1087e(a)(2)(A) of this title, Federal Direct Unsubsidized Stafford Loans under section 1087e(a)(2)(D) of this title, or Federal Direct PLUS Loans under section 1087e(a)(2)(B) of this title” for “only Federal Stafford Loans under section 1078 of this title, unsubsidized Federal Stafford Loans under section 1078–8 of this title, or Federal PLUS loans under section 1078–2 of this title”.
Subsec. (a)(2)(A)(iii)(V). Pub. L. 111–152, § 2209(b)(1)(C)(ii)(II), substituted “a Federal Direct Stafford Loan under section 1087e(a)(2)(A) of this title, a Federal Direct Unsubsidized Stafford Loan under section 1087e(a)(2)(D) of this title, or a Federal Direct PLUS Loan under section 1087e(a)(2)(B) of this title” for “a Federal Stafford Loan under section 1078 of this title, an unsubsidized Federal Stafford Loan under section 1078–8 of this title, or a Federal PLUS loan under section 1078–2 of this title”.
2009—Subsec. (a)(2)(D). Pub. L. 111–39 substituted “under part B of subchapter IV” for “under part B”.
2008—Subsec. (a)(2)(A). Pub. L. 110–315, § 102(a)(1)(A), inserted “nursing school,” after “graduate medical school,” in introductory provisions.
Subsec. (a)(2)(A)(i). Pub. L. 110–315, § 102(a)(1)(B)(i), inserted “except as provided in subparagraph (B)(iii)(IV),” before “in the case” in introductory provisions.
Subsec. (a)(2)(A)(i)(I)(bb). Pub. L. 110–315, § 102(b), substituted “75” for “60”.
Subsec. (a)(2)(A)(i)(II). Pub. L. 110–315, § 102(a)(1)(B)(ii), added subcl. (II) and struck out former subcl. (II) which read as follows: “the institution has a clinical training program that was approved by a State as of January 1, 1992; or”.
Subsec. (a)(2)(A)(iii). Pub. L. 110–315, § 102(a)(1)(C), (D), added cl. (iii).
Subsec. (a)(2)(B)(iii). Pub. L. 110–315, § 102(a)(2), added cl. (iii).
Subsec. (b)(1)(A). Pub. L. 110–315, § 102(d)(1)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “provides an eligible program of training to prepare students for gainful employment in a recognized occupation;”.
Subsec. (b)(1)(D) to (F). Pub. L. 110–315, § 102(c), struck out “and” after semicolon in subpar. (D), substituted “; and” for period in subpar. (E), and struck out subpar. (F) which read as follows: “has at least 10 percent of the school’s revenues from sources that are not derived from funds provided under subchapter IV, as determined in accordance with regulations prescribed by the Secretary.”
Subsec. (b)(2). Pub. L. 110–315, § 102(d)(1)(A)(ii), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘proprietary institution of higher education’ also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001(a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.”
Subsec. (c)(2). Pub. L. 110–315, § 102(d)(1)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘postsecondary vocational institution’ also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001(a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.”
2006—Subsec. (a)(3)(A). Pub. L. 109–270 substituted “2302(3)(C) of this title” for “2471(4)(C) of this title”.
Pub. L. 109–171, § 8002(1), inserted “(excluding courses offered by telecommunications as defined in section 1091(l)(4) of this title)” after “courses by correspondence”.
Subsec. (a)(3)(B). Pub. L. 109–171, § 8002(2), inserted “(excluding courses offered by telecommunications as defined in section 1091(l)(4) of this title)” after “correspondence courses”.
2003—Subsec. (a)(2)(A). Pub. L. 108–98 amended subpar. (A) generally. Prior to amendment, subpar. (A) required the Secretary to establish criteria for approval of institutions outside the United States for purposes of par. (1)(C), including certain requirements for graduate medical or veterinary schools.

Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111–152, title II, § 2209(b)(2), Mar. 30, 2010, 124 Stat. 1078, provided that: “The amendments made by subparagraph (C) of paragraph (1) [amending this section] shall be effective on July 1, 2010, as if enacted as part of section 102(a)(1) of the Higher Education Opportunity Act (Public Law 110–315) and subject to section 102(e) of such Act as amended by section 101(a)(2) of Public Law 111–39 (20 U.S.C. 1002 note).”

Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 2008 AmendmentPub. L. 110–315, title I, § 102(e), Aug. 14, 2008, 122 Stat. 3086, as amended by Pub. L. 111–39, title I, § 101(a)(2), July 1, 2009, 123 Stat. 1935, provided that: “The amendments made by subsections (a)(1), (b), and (d) [amending this section] shall take effect on July 1, 2010, except that, with respect to foreign nursing schools that were eligible to participate in part B of title IV [20 U.S.C. 1071 et seq.] as of the day before the date of enactment of this Act [Aug. 14, 2008], the amendments made by subsection (a)(1)(D) [amending this section] shall take effect on July 1, 2012.”

Effective Date of 2006 AmendmentPub. L. 109–171, title VIII, § 8001(c), Feb. 8, 2006, 120 Stat. 155, provided that: “Except as otherwise provided in this subtitle [subtitle A (§§ 8001–8024) of title VIII of Pub. L. 109–171, see Short Title of 2006 Amendment note set out under section 1001 of this title] or the amendments made by this subtitle, the amendments made by this subtitle shall be effective July 1, 2006.”

Effective Date of 2003 AmendmentPub. L. 108–98, § 1(b), Oct. 10, 2003, 117 Stat. 1175, provided that: “This Act [amending this section] and the amendments made by this Act shall be effective as if enacted on October 1, 1998.”

ConstructionPub. L. 110–315, title I, § 102(d)(2), Aug. 14, 2008, 122 Stat. 3086, provided that: “Nothing in the amendment made by paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be construed to negate or supercede any State laws governing proprietary institutions of higher education.”

§ 1003. Additional definitions
In this chapter:(1) Authorizing committeesThe term “authorizing committees” means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives.

(2) Combination of institutions of higher educationThe term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf.

(3) Critical foreign languageExcept as otherwise provided, the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.

(4) DepartmentThe term “Department” means the Department of Education.

(5) Diploma millThe term “diploma mill” means an entity that—(A)(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certificate has completed a program of postsecondary education or training; and

(ii) requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; and

(B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education (as such term is defined in section 1002 of this title) by—(i) the Secretary pursuant to subpart 2 of part H of subchapter IV; or

(ii) a Federal agency, State government, or other organization or association that recognizes accrediting agencies or associations.

(6) DisabilityThe term “disability” has the same meaning given that term under section 12102(2) of title 42.

(7) Distance education(A) In generalExcept as otherwise provided, the term “distance education” means education that uses one or more of the technologies described in subparagraph (B)—(i) to deliver instruction to students who are separated from the instructor; and

(ii) to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.

(B) InclusionsFor the purposes of subparagraph (A), the technologies used may include—(i) the Internet;

(ii) one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;

(iii) audio conferencing; or

(iv) video cassettes, DVDs, and CD–ROMs, if the cassettes, DVDs, or CD–ROMs are used in a course in conjunction with any of the technologies listed in clauses (i) through (iii).

(8) Early childhood education programThe term “early childhood education program” means—(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;

(B) a State licensed or regulated child care program; or

(C) a program that—(i) serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and

(ii) is—(I) a State prekindergarten program;

(II) a program authorized under section 619 [20 U.S.C. 1419] or part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.]; or

(III) a program operated by a local educational agency.

(9) Elementary schoolThe term “elementary school” has the same meaning given that term under section 7801 of this title.

(10) Gifted and talentedThe term “gifted and talented” has the same meaning given that term under section 7801 of this title.

(11) Local educational agencyThe term “local educational agency” has the same meaning given that term under section 7801 of this title.

(12) New borrowerThe term “new borrower” when used with respect to any date means an individual who on that date has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under subchapter IV.

(13) NonprofitThe term “nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(14) Poverty lineThe term “poverty line” means the poverty line (as defined in section 9902(2) of title 42) applicable to a family of the size involved.

(15) School or department of divinityThe term “school or department of divinity” means an institution, or a department or a branch of an institution, the program of instruction of which is designed for the education of students—(A) to prepare the students to become ministers of religion or to enter upon some other religious vocation (or to provide continuing training for any such vocation); or

(B) to prepare the students to teach theological subjects.

(16) Secondary schoolThe term “secondary school” has the same meaning given that term under section 7801 of this title.

(17) SecretaryThe term “Secretary” means the Secretary of Education.

(18) Service-learningThe term “service-learning” has the same meaning given that term under section 12511(23) 11 See References in Text note below. of title 42.

(19) Special education teacherThe term “special education teacher” means teachers who teach children with disabilities as defined in section 602 of the Individuals with Disabilities Education Act.

(20) State educational agencyThe term “State educational agency” has the same meaning given that term under section 7801 of this title.

(21) State; Freely Associated States(A) StateThe term “State” includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.

(B) Freely Associated StatesThe term “Freely Associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(22) State higher education agencyThe term “State higher education agency” means the officer or agency primarily responsible for the State supervision of higher education.

(23) Universal designThe term “universal design” has the meaning given the term in section 3002 of title 29.

(24) Universal design for learningThe term “universal design for learning” means a scientifically valid framework for guiding educational practice that—(A) provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and

(B) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students, including students with disabilities and students who are limited English proficient.

(Pub. L. 89–329, title I, § 103, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1589; amended Pub. L. 107–110, title X, § 1076(g), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 110–315, title I, § 103(a), Aug. 14, 2008, 122 Stat. 3086; Pub. L. 114–95, title IX, § 9215(oo)(1), Dec. 10, 2015, 129 Stat. 2177.)

Editorial Notes

References in TextSection 212(d) of the Education for Economic Security Act, referred to in par. (3), is section 212(d) of title II of Pub. L. 98–377, Aug. 11, 1984, 98 Stat. 1282, which was classified to section 3972(d) of this title, prior to repeal by Pub. L. 100–297, title II, § 2303, Apr. 28, 1988, 102 Stat. 324.
The Head Start Act, referred to in par. (8)(A), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 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 9801 of Title 42 and Tables.
The Individuals with Disabilities Education Act, referred to in par. (8)(C)(ii)(II), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
Section 12511(23) of title 42, referred to in par. (18), was redesignated section 12511(40) by Pub. L. 111–13, title I, § 1102(b)(1), Apr. 21, 2009, 123 Stat. 1467.

Prior ProvisionsProvisions similar to this section were contained in section 1141(b) of this title prior to repeal by Pub. L. 105–244.
A prior section 1003, Pub. L. 89–329, title I, § 103, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 459; amended Pub. L. 103–208, § 2(a)(1), Dec. 20, 1993, 107 Stat. 2457, related to authority to make grants under the school, college, and university partnership grant program, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1003, Pub. L. 89–329, title I, § 103, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1279, related to limitation on contract authority, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1003, Pub. L. 89–329, title I, § 103, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1375, related to duties of the Commission on National Development in Postsecondary Education, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1003, Pub. L. 89–329, title I, § 103, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 92–318, title I, § 102(a)(2), June 23, 1972, 86 Stat. 237; Pub. L. 94–482, title I, § 101(b)(2), (g)(2), Oct. 12, 1976, 90 Stat. 2084, 2086; Pub. L. 95–43, § 1(a)(1), June 15, 1977, 91 Stat. 213; Pub. L. 96–96, § 1, Oct. 31, 1979, 93 Stat. 729, provided for the allotment of funds to States, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1004, Pub. L. 89–329, title I, § 104, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 460; amended Pub. L. 103–208, § 2(a)(2), Dec. 20, 1993, 107 Stat. 2457, related to grant applications, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1004, Pub. L. 89–329, title I, § 104, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1376, related to administrative provisions and powers of Commission on National Development in Postsecondary Education, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1004, Pub. L. 89–329, title I, § 104, Nov. 8, 1965, 79 Stat. 1220; Pub. L. 94–482, title I, § 101(b)(3), Oct. 12, 1976, 90 Stat. 2084; Pub. L. 95–43, § 1(a)(2), June 15, 1977, 91 Stat. 213, described the allowable uses of States’ allotments of funds, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1005, Pub. L. 89–329, title I, § 105, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 461, related to peer review of applications, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1005, Pub. L. 89–329, title I, § 105, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1005, Pub. L. 89–329, title I, § 105, Nov. 8, 1965, 79 Stat. 1220; Pub. L. 90–575, title II, § 202, Oct. 16, 1968, 82 Stat. 1036; Pub. L. 94–482, title I, § 101(b)(4)–(10), (g)(2), Oct. 12, 1976, 90 Stat. 2084–2086; Pub. L. 95–43, § 1(a)(3), (b)(1), (2), June 15, 1977, 91 Stat. 213, 218, set out the requisite features of State plans, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1005a, Pub. L. 89–329, title I, § 106, as added Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 237; amended Pub. L. 94–482, title I, § 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, provided for special programs and projects relating to national and regional problems, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1006, Pub. L. 89–329, title I, § 106, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 461, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1006, Pub. L. 89–329, title I, § 107, formerly § 106, Nov. 8, 1965, 79 Stat. 1221; Pub. L. 90–575, title II, § 203(a), Oct. 16, 1968, 82 Stat. 1036, renumbered Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94–482, title I, § 101(c), (g)(2), Oct. 12, 1976, 90 Stat. 2085, 2086, related to payment and method of payment of funds, prior to the general amendment of this subchapter by Pub. L. 96–374.
Prior sections 1007 to 1010 were omitted in the general amendment of this subchapter by Pub. L. 96–374.
Section 1007, Pub. L. 89–329, title I, § 108, formerly § 107, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94–482, title I, § 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, related to disapproval of State plans, notice and hearing, findings of Commissioner of Education, and notification to State of noneligibility.
Section 1008, Pub. L. 89–329, title I, § 109, formerly § 108, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94–482, title I, § 101(d), Oct. 12, 1976, 90 Stat. 2085, provided for judicial review of actions of Commissioner of Education and scope of that review.
Section 1008a, Pub. L. 89–329, title I, § 110, as added Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat. 59, and amended Pub. L. 94–135, title II, § 201, Nov. 28, 1975, 89 Stat. 726; Pub. L. 94–482, title I, § 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, provided for programs and projects relating to problems of the elderly.
Section 1008b, Pub. L. 89–329, title I, § 111, as added Pub. L. 94–482, title I, § 101(e), Oct. 12, 1976, 90 Stat. 2085, related to technical assistance and administration.
Section 1009, Pub. L. 89–329, title I, § 112, formerly § 109, Nov. 8, 1965, 79 Stat. 1223; Pub. L. 91–230, title IV, § 401(h)(4), Apr. 13, 1970, 84 Stat. 174, renumbered § 110, Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, renumbered § 111, Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat. 59; Pub. L. 93–380, title VIII, § 831, Aug. 21, 1974, 88 Stat. 603; Pub. L. 93–644, § 9(a), Jan. 4, 1975, 88 Stat. 2310, renumbered § 112 and amended Pub. L. 94–482, title I, § 101(e), (f)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2085, 2086; 1977 Reorg. Plan No. 2, § 7(a)(13), 42 F.R. 62461, 91 Stat. 1637, provided for creation of a National Advisory Council on Extension and Continuing Education.
Section 1010, Pub. L. 89–329, title I, § 113, formerly § 110, Nov. 8, 1965, 79 Stat. 1224, renumbered § 111, Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, renumbered § 112, Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat. 59, renumbered § 113 and amended Pub. L. 94–482, title I, § 101(e), (f)(2), Oct. 12, 1976, 90 Stat. 2085, 2086, directed that nothing in the section be held to modify any authority under the Smith-Lever Act, section 341 et seq. of Title 7, Agriculture.

Amendments2015—Pars. (9) to (11), (16). Pub. L. 114–95, § 9215(oo)(1)(A)–(D), made technical amendments to references in original act which appear in text as references to section 7801 of this title.
Par. (20). Pub. L. 114–95, § 9215(oo)(1)(E), which directed technical amendment in par. (21) to reference in original act which appears in text as reference to section 7801 of this title, was executed by making the amendment in par. (20), to reflect the probable intent of Congress. The reference did not appear in par. (21).
2008—Pub. L. 110–315, § 103(a)(2), reordered pars. in alphabetical order based on headings of pars. and renumbered pars. as so reordered, resulting in pars. (1) to (22) being redesignated as (2), (4), (6), (9) to (13), (15) to (20), (22), (21), (1), (3), (7), (5), (8), and (14), respectively.
Pars. (17) to (24). Pub. L. 110–315, § 103(a)(1), added pars. (17) to (24).
2002—Pars. (4) to (6), (10), (14). Pub. L. 107–110 substituted “7801” for “8801”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Effective Date of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Part B—Additional General Provisions
§ 1011. Antidiscrimination(a) In generalInstitutions of higher education receiving Federal financial assistance may not use such financial assistance, directly or indirectly, to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except that nothing in this subsection shall be construed to prohibit an institution from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or to have the institution’s curriculum restricted on the subject of discrimination.

(b) Limitations on statutory constructionNothing in this chapter shall be construed to limit the rights or responsibilities of any individual under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], or any other law.

(Pub. L. 89–329, title I, § 111, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1590; amended Pub. L. 111–39, title I, § 101(b)(2), July 1, 2009, 123 Stat. 1935.)

Editorial Notes

References in TextThe Americans with Disabilities Act of 1990, referred to in subsec. (b), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 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.
The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Prior ProvisionsProvisions similar to this section were contained in section 1142 of this title prior to repeal by Pub. L. 105–244.
A prior section 1011, Pub. L. 89–329, title I, § 121, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 461, stated congressional findings and purposes of articulation agreements grant program, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1011, Pub. L. 89–329, title I, § 111, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1279, related to institutional development, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1011, Pub. L. 89–329, title I, § 111, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, stated Congressional findings with respect to education outreach programs, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1011, Pub. L. 89–329, title I, § 114, formerly § 111, Nov. 8, 1965, 79 Stat. 1224, renumbered § 112 and amended Pub. L. 92–318, title I, §§ 102(a)(1), 131(d)(2)(A), June 23, 1972, 86 Stat. 236, 260, renumbered § 113, Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat. 59, renumbered § 114, Pub. L. 94–482, title I, § 101(e), Oct. 12, 1976, 90 Stat. 2085, prohibited the giving of grants for programs relating to sectarian instruction or worship, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2009—Subsec. (b). Pub. L. 111–39 substituted “with” for “With”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§ 1011a. Protection of student speech and association rights(a) Protection of rights(1) It is the sense of Congress that no student attending an institution of higher education on a full- or part-time basis should, on the basis of participation in protected speech or protected association, be excluded from participation in, be denied the benefits of, or be subjected to discrimination or official sanction under any education program, activity, or division of the institution directly or indirectly receiving financial assistance under this chapter, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution.

(2) It is the sense of Congress that—(A) the diversity of institutions and educational missions is one of the key strengths of American higher education;

(B) individual institutions of higher education have different missions and each institution should design its academic program in accordance with its educational goals;

(C) an institution of higher education should facilitate the free and open exchange of ideas;

(D) students should not be intimidated, harassed, discouraged from speaking out, or discriminated against;

(E) students should be treated equally and fairly; and

(F) nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association.

(b) ConstructionNothing in this section shall be construed—(1) to discourage the imposition of an official sanction on a student that has willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education, provided that the imposition of such sanction is done objectively and fairly; or

(2) to prevent an institution of higher education from taking appropriate and effective action to prevent violations of State liquor laws, to discourage binge drinking and other alcohol abuse, to protect students from sexual harassment including assault and date rape, to prevent hazing, or to regulate unsanitary or unsafe conditions in any student residence.

(c) DefinitionsFor the purposes of this section:(1) Official sanctionThe term “official sanction”—(A) means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an institution of higher education or administrative unit of the institution; and

(B) includes an oral or written warning made by an official of an institution of higher education acting in the official capacity of the official.

(2) Protected associationThe term “protected association” means the joining, assembling, and residing with others that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.

(3) Protected speechThe term “protected speech” means speech that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.

(Pub. L. 89–329, title I, § 112, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1591; amended Pub. L. 110–315, title I, § 104, Aug. 14, 2008, 122 Stat. 3090.)

Editorial Notes
Prior ProvisionsA prior section 1011a, Pub. L. 89–329, title I, § 122, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 462, authorized grants to States, prior to the general amendment of this subchapter by Pub. L. 105–244.

Amendments2008—Subsec. (a). Pub. L. 110–315, § 104(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(1). Pub. L. 110–315, § 104(2), inserted “, provided that the imposition of such sanction is done objectively and fairly” after “higher education”.

§ 1011b. Territorial waiver authority
The Secretary is required to waive the eligibility criteria of any postsecondary education program administered by the Department where such criteria do not take into account the unique circumstances in Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.
(Pub. L. 89–329, title I, § 113, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1591; amended Pub. L. 110–315, title I, § 105, Aug. 14, 2008, 122 Stat. 3090.)

Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 1144a of this title prior to repeal by Pub. L. 105–244.
A prior section 1011b, Pub. L. 89–329, title I, § 123, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 462, related to State applications for grants, prior to the general amendment of this subchapter by Pub. L. 105–244.

Amendments2008—Pub. L. 110–315 substituted “Territorial waiver authority” for “Treatment of territories and territorial student assistance” in section catchline and struck out subsec. (a) designation and heading and subsec. (b). Text of former subsec. (b) read as follows: “Notwithstanding any other provision of law, an institution of higher education that is located in any of the Freely Associated States, rather than in another State, shall be eligible, if otherwise qualified, for assistance under division 1 of subpart 2 of part A of subchapter IV of this chapter. This subsection shall cease to be effective on September 30, 2004.”

§ 1011c. National Advisory Committee on Institutional Quality and Integrity(a) EstablishmentThere is established in the Department a National Advisory Committee on Institutional Quality and Integrity (in this section referred to as the “Committee”) to assess the process of accreditation and the institutional eligibility and certification of institutions of higher education (as defined in section 1002 of this title) under subchapter IV.

(b) Membership(1) In generalThe Committee shall have 18 members, of which—(A) six members shall be appointed by the Secretary;

(B) six members shall be appointed by the Speaker of the House of Representatives, three of whom shall be appointed on the recommendation of the majority leader of the House of Representatives, and three of whom shall be appointed on the recommendation of the minority leader of the House of Representatives; and

(C) six members shall be appointed by the President pro tempore of the Senate, three of whom shall be appointed on the recommendation of the majority leader of the Senate, and three of whom shall be appointed on the recommendation of the minority leader of the Senate.

(2) QualificationsIndividuals shall be appointed as members of the Committee—(A) on the basis of the individuals’ experience, integrity, impartiality, and good judgment;

(B) from among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, representing all sectors and types of institutions of higher education (as defined in section 1002 of this title); and

(C) on the basis of the individuals’ technical qualifications, professional standing, and demonstrated knowledge in the fields of accreditation and administration in higher education.

(3) Terms of membersExcept as provided in paragraph (5), the term of office of each member of the Committee shall be for six years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.

(4) VacancyA vacancy on the Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy occurs. If a vacancy occurs in a position to be filled by the Secretary, the Secretary shall publish a Federal Register notice soliciting nominations for the position not later than 30 days after being notified of the vacancy.

(5) Initial termsThe terms of office for the initial members of the Committee shall be—(A) three years for members appointed under paragraph (1)(A);

(B) four years for members appointed under paragraph (1)(B); and

(C) six years for members appointed under paragraph (1)(C).

(6) ChairpersonThe members of the Committee shall select a chairperson from among the members.

(c) FunctionsThe Committee shall—(1) advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of subchapter IV;

(2) advise the Secretary with respect to the recognition of a specific accrediting agency or association;

(3) advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;

(4) advise the Secretary with respect to the eligibility and certification process for institutions of higher education under subchapter IV, together with recommendations for improvements in such process;

(5) advise the Secretary with respect to the relationship between—(A) accreditation of institutions of higher education and the certification and eligibility of such institutions; and

(B) State licensing responsibilities with respect to such institutions; and

(6) carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe by regulation.

(d) Meeting procedures(1) Schedule(A) Biannual meetingsThe Committee shall meet not less often than twice each year, at the call of the Chairperson.

(B) Publication of dateThe Committee shall submit the date and location of each meeting in advance to the Secretary, and the Secretary shall publish such information in the Federal Register not later than 30 days before the meeting.

(2) Agenda(A) EstablishmentThe agenda for a meeting of the Committee shall be established by the Chairperson and shall be submitted to the members of the Committee upon notification of the meeting.

(B) Opportunity for public commentThe agenda shall include, at a minimum, opportunity for public comment during the Committee’s deliberations.

(3) Secretary’s designeeThe Secretary shall designate an employee of the Department to serve as the Secretary’s designee to the Committee, and the Chairperson shall invite the Secretary’s designee to attend all meetings of the Committee.

(4) Federal Advisory Committee ActThe Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act shall not apply.

(e) Report and notice(1) NoticeThe Secretary shall annually publish in the Federal Register—(A) a list containing, for each member of the Committee—(i) the member’s name;

(ii) the date of the expiration of the member’s term of office; and

(iii) the name of the individual described in subsection (b)(1) who appointed the member; and

(B) a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.

(2) ReportNot later than the last day of each fiscal year, the Committee shall make available an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—(A) a detailed summary of the agenda and activities of, and the findings and recommendations made by, the Committee during the fiscal year preceding the fiscal year in which the report is made;

(B) a list of the date and location of each meeting during the fiscal year preceding the fiscal year in which the report is made;

(C) a list of the members of the Committee; and

(D) a list of the functions of the Committee, including any additional functions established by the Secretary through regulation.

(f) TerminationThe Committee shall terminate on September 30, 2021.

(Pub. L. 89–329, title I, § 114, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1592; amended Pub. L. 110–315, title I, § 106(a), Aug. 14, 2008, 122 Stat. 3090; Pub. L. 113–174, § 1, Sept. 26, 2014, 128 Stat. 1900; Pub. L. 114–113, div. H, title III, § 309, Dec. 18, 2015, 129 Stat. 2638; Pub. L. 115–31, div. H, title III, § 308, May 5, 2017, 131 Stat. 552; Pub. L. 115–141, div. H, title III, § 308, Mar. 23, 2018, 132 Stat. 750; Pub. L. 115–245, div. B, title III, § 306, Sept. 28, 2018, 132 Stat. 3105; Pub. L. 116–94, div. A, title III, § 305, Dec. 20, 2019, 133 Stat. 2595; Pub. L. 116–260, div. H, title III, § 305, Dec. 27, 2020, 134 Stat. 1608.)

Editorial Notes

References in TextThe Federal Advisory Committee Act, referred to in subsec. (d)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

Prior ProvisionsProvisions similar to this section were contained in section 1145 of this title prior to repeal by Pub. L. 105–244.
A prior section 1011c, Pub. L. 89–329, title I, § 124, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 463, related to local applications for grants, prior to the general amendment of this subchapter by Pub. L. 105–244.

Amendments2020—Subsec. (f). Pub. L. 116–260 substituted “2021” for “2020”.
2019—Subsec. (f). Pub. L. 116–94 substituted “2020” for “2019”.
2018—Subsec. (f). Pub. L. 115–245 substituted “2019” for “2018”.
Pub. L. 115–141 substituted “2018” for “2017”.
2017—Subsec. (f). Pub. L. 115–31 substituted “2017” for “2016”.
2015—Subsec. (f). Pub. L. 114–113 substituted “2016” for “2015”.
2014—Subsec. (f). Pub. L. 113–174 substituted “2015” for “2014”.
2008—Pub. L. 110–315 amended section generally, revising provisions relating to the National Advisory Committee on Institutional Quality and Integrity and extending its termination date from Sept. 30, 2004, to September 30, 2014.

Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. L. 110–315, title I, § 106(c), Aug. 14, 2008, 122 Stat. 3093, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2009.”

TransitionPub. L. 110–315, title I, § 106(b), Aug. 14, 2008, 122 Stat. 3093, provided that:
“Notwithstanding section 114 of the Higher Education Act of 1965 (20 U.S.C. 1011c) (as in effect before, during, and after the date of enactment of this Act [Aug. 14, 2008])—
“(1) the term of each member appointed to the National Advisory Committee on Institutional Quality and Integrity before the date of enactment of this Act shall expire on the date of enactment of this Act;

“(2) no new members shall be appointed to the National Advisory Committee on Institutional Quality and Integrity during the period beginning on the date of enactment of this Act and ending on January 31, 2009; and

“(3) no meeting of the National Advisory Committee on Institutional Quality and Integrity shall be convened during such period.”

§ 1011d. Student representation
The Secretary shall, in appointing individuals to any commission, committee, board, panel, or other body in connection with the administration of this chapter, include individuals who are, at the time of appointment, attending an institution of higher education.
(Pub. L. 89–329, title I, § 115, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1593.)

Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 1145b of this title prior to repeal by Pub. L. 105–244.
A prior section 1011d, Pub. L. 89–329, title I, § 125, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 463, related to articulation agreements, prior to the general amendment of this subchapter by Pub. L. 105–244.

§ 1011e. Financial responsibility of foreign students
Nothing in this chapter or any other Federal law shall be construed to prohibit any institution of higher education from requiring a student who is a foreign national (and not admitted to permanent residence in the United States) to guarantee the future payment of tuition and fees to such institution by—(1) making advance payment of such tuition and fees;

(2) making deposits in an escrow account administered by such institution for such payments; or

(3) obtaining a bond or other insurance that such payments will be made.

(Pub. L. 89–329, title I, § 116, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1593.)

Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 1145c of this title prior to repeal by Pub. L. 105–244.
A prior section 1011e, Pub. L. 89–329, title I, § 126, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 464, related to State administrative costs, prior to the general amendment of this subchapter by Pub. L. 105–244.

§ 1011f. Disclosures of foreign gifts(a) Disclosure reportWhenever any institution is owned or controlled by a foreign source or receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner.

(b) Contents of reportEach report to the Secretary required by this section shall contain the following:(1) For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural person, and the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity.

(2) For gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government.

(3) In the case of an institution which is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control.

(c) Additional disclosures for restricted and conditional giftsNotwithstanding the provisions of subsection (b), whenever any institution receives a restricted or conditional gift or contract from a foreign source, the institution shall disclose the following:(1) For such gifts received from or contracts entered into with a foreign source other than a foreign government, the amount, the date, and a description of such conditions or restrictions. The report shall also disclose the country of citizenship, or if unknown, the principal residence for a foreign source which is a natural person, and the country of incorporation, or if unknown, the principal place of business for a foreign source which is a legal entity.

(2) For gifts received from or contracts entered into with a foreign government, the amount, the date, a description of such conditions or restrictions, and the name of the foreign government.

(d) Relation to other reporting requirements(1) State requirementsIf an institution described under subsection (a) is within a State which has enacted requirements for public disclosure of gifts from or contracts with a foreign source that are substantially similar to the requirements of this section, a copy of the disclosure report filed with the State may be filed with the Secretary in lieu of a report required under subsection (a). The State in which the institution is located shall provide to the Secretary such assurances as the Secretary may require to establish that the institution has met the requirements for public disclosure under State law if the State report is filed.

(2) Use of other Federal reportsIf an institution receives a gift from, or enters into a contract with, a foreign source, where any other department, agency, or bureau of the executive branch requires a report containing requirements substantially similar to those required under this section, a copy of the report may be filed with the Secretary in lieu of a report required under subsection (a).

(e) Public inspectionAll disclosure reports required by this section shall be public records open to inspection and copying during business hours.

(f) Enforcement(1) Court ordersWhenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section.

(2) CostsFor knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement.

(g) RegulationsThe Secretary may promulgate regulations to carry out this section.

(h) DefinitionsFor the purpose of this section—(1) the term “contract” means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties;

(2) the term “foreign source” means—(A) a foreign government, including an agency of a foreign government;

(B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states;

(C) an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and

(D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source;

(3) the term “gift” means any gift of money or property;

(4) the term “institution” means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State, that—(A) is legally authorized within such State to provide a program of education beyond secondary school;

(B) provides a program for which the institution awards a bachelor’s degree (or provides not less than a 2-year program which is acceptable for full credit toward such a degree) or more advanced degrees; and

(C) is accredited by a nationally recognized accrediting agency or association and to which institution Federal financial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of the institution’s subunits; and

(5) the term “restricted or conditional gift or contract” means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding—(A) the employment, assignment, or termination of faculty;

(B) the establishment of departments, centers, research or lecture programs, or new faculty positions;

(C) the selection or admission of students; or

(D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.

(Pub. L. 89–329, title I, § 117, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1593.)

Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 1145d of this title prior to repeal by Pub. L. 105–244.
A prior section 1011f, Pub. L. 89–329, title I, § 127, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 464, related to priority grant applications, prior to the general amendment of this subchapter by Pub. L. 105–244.

§ 1011g. Application of peer review process
All applications submitted under the provisions of this chapter which require peer review 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.
(Pub. L. 89–329, title I, § 118, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1595.)

Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 1145d–1 of this title prior to repeal by Pub. L. 105–244.
A prior section 1011g, Pub. L. 89–329, title I, § 128, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 464, related to reports and evaluation of programs, prior to the general amendment of this subchapter by Pub. L. 105–244.

§ 1011h. Binge drinking on college campuses(a) Short titleThis section may be cited as the “Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption”.

(b) Sense of CongressIt is the sense of Congress that, in an effort to change the culture of alcohol consumption on college campuses, all institutions of higher education should carry out the following:(1) The president of the institution should appoint a task force consisting of school administrators, faculty, students, Greek system representatives, and others to conduct a full examination of student and academic life at the institution. The task force should make recommendations for a broad range of policy and program changes that would serve to reduce alcohol and other drug-related problems. The institution should provide resources to assist the task force in promoting the campus policies and proposed environmental changes that have been identified.

(2) The institution should provide maximum opportunities for students to live in an alcohol-free environment and to engage in stimulating, alcohol-free recreational and leisure activities.

(3) The institution should enforce a “zero tolerance” policy on the illegal consumption of alcohol by students at the institution.

(4) The institution should vigorously enforce the institution’s code of disciplinary sanctions for those who violate campus alcohol policies. Students with alcohol or other drug-related problems should be referred for assistance, including on-campus counseling programs if appropriate.

(5) The institution should adopt a policy to discourage alcoholic beverage-related sponsorship of on-campus activities. It should adopt policies limiting the advertisement and promotion of alcoholic beverages on campus.

(6) The institution should work with the local community, including local businesses, in a “Town/Gown” alliance to encourage responsible policies toward alcohol consumption and to address illegal alcohol use by students.

(Pub. L. 89–329, title I, § 119, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1596.)

Editorial Notes
Prior ProvisionsA prior section 1011h, Pub. L. 89–329, title I, § 129, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 465, authorized appropriations to carry out the articulation agreements grant program, prior to the general amendment of this subchapter by Pub. L. 105–244.

§ 1011i. Drug and alcohol abuse prevention(a) Restriction on eligibilityNotwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the Secretary that the institution has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a minimum, includes—(1) the annual distribution to each student and employee of—(A) standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on the institution’s property or as part of any of the institution’s activities;

(B) a description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol;

(C) a description of the health-risks associated with the use of illicit drugs and the abuse of alcohol;

(D) a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and

(E) a clear statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by subparagraph (A); and

(2) a biennial review by the institution of the institution’s program to—(A) determine the program’s effectiveness and implement changes to the program if the changes are needed;

(B) determine the number of drug and alcohol-related violations and fatalities that—(i) occur on the institution’s campus (as defined in section 1092(f)(6) of this title), or as part of any of the institution’s activities; and

(ii) are reported to campus officials;

(C) determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the institution as a result of drug and alcohol-related violations and fatalities on the institution’s campus or as part of any of the institution’s activities; and

(D) ensure that the sanctions required by paragraph (1)(E) are consistently enforced.

(b) Information availabilityEach institution of higher education that provides the certification required by subsection (a) shall, upon request, make available to the Secretary and to the public a copy of each item required by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2).

(c) Regulations(1) In generalThe Secretary shall publish regulations to implement and enforce the provisions of this section, including regulations that provide for—(A) the periodic review of a representative sample of programs required by subsection (a); and

(B) a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions, including information and technical assistance, the development of a compliance agreement, and the termination of any form of Federal financial assistance.

(2) Rehabilitation programThe sanctions required by subsection (a)(1)(E) may include the completion of an appropriate rehabilitation program.

(d) AppealsUpon determination by the Secretary to terminate financial assistance to any institution of higher education under this section, the institution may file an appeal with an administrative law judge before the expiration of the 30-day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such termination of assistance before the expiration of the 45-day period beginning on the date that such appeal is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The decision of the judge with respect to such termination shall be considered to be a final agency action.

(e) Alcohol and drug abuse prevention grants(1) Program authorityThe Secretary may make grants to institutions of higher education or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and the violence associated with such use. Such grants or contracts may also be used for the support of a higher education center for alcohol and drug abuse prevention that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.

(2) AwardsGrants and contracts shall be awarded under paragraph (1) on a competitive basis.

(3) ApplicationsAn institution of higher education, a consortium of such institutions, or another organization that desires to receive a grant or contract under paragraph (1) shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation.

(4) Additional requirements(A) ParticipationIn awarding grants and contracts under this subsection the Secretary shall make every effort to ensure—(i) the equitable participation of private and public institutions of higher education (including community and junior colleges); and

(ii) the equitable geographic participation of such institutions.

(B) ConsiderationIn awarding grants and contracts under this subsection the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment.

(5) Authorization of appropriationsThere are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(Pub. L. 89–329, title I, § 120, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1596; amended Pub. L. 110–315, title I, § 107, Aug. 14, 2008, 122 Stat. 3093.)

Editorial Notes
Prior ProvisionsProvisions similar to subsecs. (a) to (d) of this section were contained in section 1145g of this title prior to repeal by Pub. L. 105–244.

Amendments2008—Subsec. (a)(2)(B) to (D). Pub. L. 110–315, § 107(1), added subpars. (B) and (C) and redesignated former subpar. (B) as (D).
Subsec. (e)(5). Pub. L. 110–315, § 107(2), substituted “such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years” for “$5,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years”.
Subsec. (f). Pub. L. 110–315, § 107(3), struck out subsec. (f) which related to National Recognition Awards for outstanding alcohol and drug abuse prevention programs.

§ 1011j. Prior rights and obligations(a) Authorization of appropriations(1) Pre-1987 parts C and D of subchapter VIIThere are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and for each succeeding fiscal year to pay obligations incurred prior to 1987 under parts C and D of subchapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992.

(2) Post-1992 and pre-1998 part C of subchapter VIIThere are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and for each succeeding fiscal year to pay obligations incurred prior to October 7, 1998, under part C of subchapter VII, as such part was in effect during the period—(A) after the effective date of the Higher Education Amendments of 1992; and

(B) prior to October 7, 1998.

(b) Legal responsibilities(1) Pre-1987 subchapter VIIAll entities with continuing obligations incurred under parts A, B, C, and D of subchapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992, shall be subject to the requirements of such part as in effect before the effective date of the Higher Education Amendments of 1992.

(2) Post-1992 and pre-1998 part C of subchapter VIIAll entities with continuing obligations incurred under part C of subchapter VII, as such part was in effect during the period—(A) after the effective date of the Higher Education Amendments of 1992; and

(B) prior to October 7, 1998,

shall be subject to the requirements of such part as such part was in effect during such period.

(Pub. L. 89–329, title I, § 121, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1601; amended Pub. L. 110–315, title I, § 108, Aug. 14, 2008, 122 Stat. 3094.)

Editorial Notes

References in TextParts A, B, C, and D of subchapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992, referred to in subsecs. (a)(1) and (b)(1), means parts A (§ 1132b et seq.), B (§ 1132c et seq.), C (§ 1132d et seq.), and D (§ 1132e et seq.) of subchapter VII of this chapter, as in effect before the effective date of Pub. L. 102–325. For effective date of Pub. L. 102–325, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. Pub. L. 102–325, title VII, §§ 703–707(a), July 23, 1992, 106 Stat. 738–753, amended subchapter VII of this chapter effective Oct. 1, 1992, by amending parts A to C generally, repealing part D, and redesignating former part E as D.
Part C of subchapter VII, as such part was in effect during the period after the effective date of the Higher Education Amendments of 1992 and prior to October 7, 1998, referred to in subsecs. (a)(2) and (b)(2), probably means part C (§ 1132d et seq.) of subchapter VII of this chapter, as in effect during the period after the effective date of Pub. L. 102–325 and before it was amended by Pub. L. 105–244. For effective date of Pub. L. 102–325, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1786, amended subchapter VII of this chapter generally, effective Oct. 1, 1998, omitting part C which related to loans for construction, reconstruction, and renovation of academic housing, and other educational facilities and adding a new part C (§ 1139 et seq.) relating to urban community service.

Prior ProvisionsProvisions similar to this section were contained in section 1132a–1 of this title prior to the general amendment of subchapter VII of this chapter by Pub. L. 105–244.
A prior section 121 of Pub. L. 89–329, title I, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to adult learning research and was classified to section 1016 of this title, prior to the general amendment of this subchapter by Pub. L. 102–325.

Amendments2008—Subsec. (a). Pub. L. 110–315 substituted “2009 and for each succeeding fiscal year” for “1999 and for each of the 4 succeeding fiscal years” in pars. (1) and (2).

§ 1011k. Recovery of payments(a) Public benefitCongress declares that, if a facility constructed with the aid of a grant under part A of subchapter VII as such part A was in effect prior to October 7, 1998, or part B of such subchapter as part B was in effect prior to July 23, 1992, is used as an academic facility for 20 years following completion of such construction, the public benefit accruing to the United States will equal in value the amount of the grant. The period of 20 years after completion of such construction shall therefore be deemed to be the period of Federal interest in such facility for the purposes of such subchapter as so in effect.

(b) Recovery upon cessation of public benefitIf, within 20 years after completion of construction of an academic facility which has been constructed, in part with a grant under part A of subchapter VII as such part A was in effect prior to October 7, 1998, or part B of subchapter VII as such part B was in effect prior to July 23, 1992—(1) the applicant under such parts as so in effect (or the applicant’s successor in title or possession) ceases or fails to be a public or nonprofit institution; or

(2) the facility ceases to be used as an academic facility, or the facility is used as a facility excluded from the term “academic facility” (as such term was defined under subchapter VII, as so in effect), unless the Secretary determines that there is good cause for releasing the institution from its obligation,

the United States shall be entitled to recover from such applicant (or successor) an amount which bears to the value of the facility at that time (or so much thereof as constituted an approved project or projects) the same ratio as the amount of Federal grant bore to the cost of the facility financed with the aid of such grant. The value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.

(c) Prohibition on use for religionNotwithstanding the provisions of subsections (a) and (b), no project assisted with funds under subchapter VII (as in effect prior to October 7, 1998) shall ever be used for religious worship or a sectarian activity or for a school or department of divinity.

(Pub. L. 89–329, title I, § 122, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1601.)

Editorial Notes

References in TextSubchapter VII, referred to in text, was amended, effective Oct. 1, 1992, by Pub. L. 102–325, title VII, §§ 703–707(a), July 23, 1992, 106 Stat. 738–753, by amending parts A to C generally, repealing part D, and redesignating former part E as D, and was further amended generally, effective Oct. 1, 1998, by Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1786, by substituting provisions relating to graduate and post-secondary improvement programs for former provisions relating to construction, reconstruction, and renovation of academic facilities.

Prior ProvisionsProvisions similar to this section were contained in section 1132i of this title prior to the general amendment of subchapter VII of this chapter by Pub. L. 105–244.
A prior section 122 of Pub. L. 89–329, title I, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, limited funds authorized to be appropriated and was classified to section 1016a of this title, prior to the general amendment of this subchapter by Pub. L. 102–325.

§ 1011l. Diploma mills(a) Information to the publicThe Secretary shall maintain information and resources on the Department’s website to assist students, families, and employers in understanding what a diploma mill is and how to identify and avoid diploma mills.

(b) CollaborationThe Secretary shall continue to collaborate with the United States Postal Service, the Federal Trade Commission, the Department of Justice (including the Federal Bureau of Investigation), the Internal Revenue Service, and the Office of Personnel Management to maximize Federal efforts to—(1) prevent, identify, and prosecute diploma mills; and

(2) broadly disseminate to the public information about diploma mills, and resources to identify diploma mills.

(Pub. L. 89–329, title I, § 123, as added Pub. L. 110–315, title I, § 109, Aug. 14, 2008, 122 Stat. 3094.)

§ 1011m. Certification regarding the use of certain Federal funds(a) ProhibitionNo Federal funds received under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).

(b) ApplicabilityThe prohibition in subsection (a) applies with respect to the following Federal actions:(1) The awarding of any Federal contract.

(2) The making of any Federal grant.

(3) The making of any Federal loan.

(4) The entering into of any Federal cooperative agreement.

(5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(c) Lobbying and earmarksNo Federal student aid funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.

(d) CertificationEach institution of higher education or other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.

(e) Actions to implement and enforceThe Secretary of Education shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced.

(Pub. L. 110–315, title I, § 119, Aug. 14, 2008, 122 Stat. 3117.)

Editorial Notes

References in TextThe Higher Education Act of 1965, referred to in subsecs. (a), (c), and (d), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally 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.

Codification
Section was enacted as part of the Higher Education Opportunity Act, and not as part of the Higher Education Act of 1965 which comprises this chapter.

Prior ProvisionsA prior section 1012, Pub. L. 89–329, title I, § 112, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1282, related to establishment of off-campus program grants, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1012, Pub. L. 89–329, title I, § 112, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, provided for State allotments including percentage breakdown and cases of States not conducting comprehensive statewide planning, prior to the general amendment of this subchapter by Pub. L. 99–498.
A prior section 1013, Pub. L. 89–329, title I, § 113, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1284, related to adult and continuing education staff development, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1013, Pub. L. 89–329, title I, § 113, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1378; amended Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 98–524, § 4(c)(1), Oct. 19, 1984, 98 Stat. 2488, related to comprehensive statewide planning with respect to education outreach programs, prior to the general amendment of this subchapter by Pub. L. 99–498.
A prior section 1014, Pub. L. 89–329, title I, § 114, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to administration of programs by Secretary, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1014, Pub. L. 89–329, title I, § 114, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1379; amended Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 98–524, § 4(c)(2), Oct. 19, 1984, 98 Stat. 2488, related to information services, prior to the general amendment of this subchapter by Pub. L. 99–498.

Part C—Cost of Higher Education
§ 1015. Improvements in market information and public accountability in higher education(a) Improved data collection(1) Development of uniform methodologyThe Secretary shall direct the Commissioner of Education Statistics to convene a series of forums to develop nationally consistent methodologies for reporting costs incurred by postsecondary institutions in providing postsecondary education.

(2) Redesign of data systemsOn the basis of the methodologies developed pursuant to paragraph (1), the Secretary shall redesign relevant parts of the postsecondary education data systems to improve the usefulness and timeliness of the data collected by such systems.

(3) Information to institutionsThe Commissioner of Education Statistics shall—(A) develop a standard definition for the following data elements:(i) tuition and fees for a full-time undergraduate student;

(ii) cost of attendance for a full-time undergraduate student, consistent with the provisions of section 1087ll of this title;

(iii) average amount of financial assistance received by an undergraduate student who attends an institution of higher education, including—(I) each type of assistance or benefit described in section 1078(a)(2)(C)(ii) of this title;

(II) fellowships; and

(III) institutional and other assistance; and

(iv) number of students receiving financial assistance described in each of subclauses (I), (II), and (III) of clause (iii);

(B) not later than 90 days after October 7, 1998, report the definitions to each institution of higher education and within a reasonable period of time thereafter inform the authorizing committees of those definitions; and

(C) collect information regarding the data elements described in subparagraph (A) with respect to at least all institutions of higher education participating in programs under subchapter IV, beginning with the information from academic year 2000–2001 and annually thereafter.

(b) Data disseminationThe Secretary shall make available the data collected pursuant to subsection (a). Such data shall be available in a form that permits the review and comparison of the data submissions of individual institutions of higher education. Such data shall be presented in a form that is easily understandable and allows parents and students to make informed decisions based on the costs for typical full-time undergraduate students.

(c) Study(1) In generalThe Commissioner of Education Statistics shall conduct a national study of expenditures at institutions of higher education. Such study shall include information with respect to—(A) the change in tuition and fees compared with the consumer price index and other appropriate measures of inflation;

(B) faculty salaries and benefits;

(C) administrative salaries, benefits and expenses;

(D) academic support services;

(E) research;

(F) operations and maintenance; and

(G) institutional expenditures for construction and technology and the potential cost of replacing instructional buildings and equipment.

(2) EvaluationThe study shall include an evaluation of—(A) changes over time in the expenditures identified in paragraph (1);

(B) the relationship of the expenditures identified in paragraph (1) to college costs; and

(C) the extent to which increases in institutional financial aid and tuition discounting practices affect tuition increases, including the demographics of students receiving such discounts, the extent to which financial aid is provided to students with limited need in order to attract a student to a particular institution, and the extent to which Federal financial aid, including loan aid, has been used to offset the costs of such practices.

(3) Final reportThe Commissioner of Education Statistics shall submit a report regarding the findings of the study required by paragraph (1) to the appropriate committees of Congress not later than September 30, 2002.

(4) Higher education market basketThe Bureau of Labor Statistics, in consultation with the Commissioner of Education Statistics, shall develop a higher education market basket that identifies the items that comprise the costs of higher education. The Bureau of Labor Statistics shall provide a report on the market basket to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than September 30, 2002.

(5) FinesIn addition to actions authorized in section 1094(c) of this title, the Secretary may impose a fine in an amount not to exceed $25,000 on an institution of higher education for failing to provide the information described in paragraph (1) in a timely and accurate manner, or for failing to otherwise cooperate with the National Center for Education Statistics regarding efforts to obtain data on the cost of higher education under this section and pursuant to the program participation agreement entered into under section 1094 of this title.

(d) Promotion of the Department of Education Federal student financial aid websiteThe Secretary shall display a link to the Federal student financial aid website of the Department in a prominent place on the homepage of the Department’s website.

(e) Enhanced student financial aid information(1) ImplementationThe Secretary shall continue to improve the usefulness and accessibility of the information provided by the Department on college planning and student financial aid.

(2) DisseminationThe Secretary shall continue to make the availability of the information on the Federal student financial aid website of the Department widely known, through a major media campaign and other forms of communication.

(3) CoordinationAs a part of the efforts required under this subsection, the Secretary shall create one website accessible from the Department’s website that fulfills the requirements under subsections (b), (f), and (g).

(f) Improved availability and coordination of information concerning student financial aid programs for military members and veterans(1) CoordinationThe Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall create a searchable website that—(A) contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmission requirements under section 1091c of this title, and other student services, for which members of the Armed Forces (including members of the National Guard and Reserves), veterans, and the dependents of such members or veterans may be eligible; and

(B) is easily accessible through the website described in subsection (e)(3).

(2) ImplementationNot later than one year after August 14, 2008, the Secretary shall make publicly available the Armed Forces information website described in paragraph (1).

(3) DisseminationThe Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall make the availability of the Armed Forces information website described in paragraph (1) widely known to members of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public.

(4) DefinitionIn this subsection, the term “Federal and State student financial assistance” means any grant, loan, work assistance, tuition assistance, scholarship, fellowship, or other form of financial aid for pursuing a postsecondary education that is—(A) administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and

(B) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans.

(g) Promotion of availability of information concerning other student financial aid programs(1) DefinitionFor purposes of this subsection, the term “nondepartmental student financial assistance program” means any grant, loan, scholarship, fellowship, or other form of financial aid for students pursuing a postsecondary education that is—(A) distributed directly to the student or to the student’s account at an institution of higher education; and

(B) operated, sponsored, or supported by a Federal department or agency other than the Department of Education.

(2) Availability of other student financial aid informationThe Secretary shall ensure that—(A) not later than 90 days after the Secretary receives the information required under paragraph (3), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental student financial assistance program are searchable and accessible through the Federal student financial aid website in a manner that is simple and understandable for students and the students’ families; and

(B) the website displaying the information described in subparagraph (A) includes a link to the National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics pursuant to paragraph (4), and the information on military benefits under subsection (f), once such Database and information are available.

(3) Nondepartmental student financial assistance programsThe Secretary shall request all Federal departments and agencies to provide the information described in paragraph (2)(A), and each Federal department or agency shall—(A) promptly respond to surveys or other requests from the Secretary for the information described in such paragraph; and

(B) identify for the Secretary any nondepartmental student financial assistance program operated, sponsored, or supported by such Federal department or agency.

(4) National STEM Database(A) In generalThe Secretary shall establish and maintain, on the website described in subsection (e)(3), a National Database on Financial Assistance for the Study of Science, Technology, Engineering, and Mathematics (in this paragraph referred to as the “STEM Database”). The STEM Database shall consist of information on scholarships, fellowships, and other programs of Federal, State, local, and, to the maximum extent practicable, private financial assistance available for the study of science, technology, engineering, or mathematics at the postsecondary and postbaccalaureate levels.

(B) Database contentsThe information maintained on the STEM Database shall be displayed on the website in the following manner:(i) Separate informationThe STEM Database shall provide separate information for each of the fields of science, technology, engineering, and mathematics, and for postsecondary and postbaccalaureate programs of financial assistance.

(ii) Information on targeted assistanceThe STEM Database shall provide specific information on any program of financial assistance that is targeted to individuals based on financial need, merit, or student characteristics.

(iii) Contact and website informationThe STEM Database shall provide—(I) standard contact information that an interested person may use to contact a sponsor of any program of financial assistance included in the STEM Database; and

(II) if such sponsor maintains a public website, a link to the website.

(iv) Search and match capabilitiesThe STEM Database shall—(I) have a search capability that permits an individual to search for information on the basis of each category of the information provided through the STEM Database and on the basis of combinations of categories of the information provided, including—(aa) whether the financial assistance is need- or merit-based; and

(bb) by relevant academic majors; and

(II) have a match capability that—(aa) searches the STEM Database for all financial assistance opportunities for which an individual may be qualified to apply, based on the student characteristics provided by such individual; and

(bb) provides information to an individual for only those opportunities for which such individual is qualified, based on the student characteristics provided by such individual.

(v) Recommendation and disclaimerThe STEM Database shall provide, to the users of the STEM Database—(I) a recommendation that students and families should carefully review all of the application requirements prior to applying for any aid or program of student financial assistance; and

(II) a disclaimer that the non-Federal programs of student financial assistance presented in the STEM Database are not provided or endorsed by the Department or the Federal Government.

(C) Compilation of financial assistance informationIn carrying out this paragraph, the Secretary shall—(i) consult with public and private sources of scholarships, fellowships, and other programs of student financial assistance; and

(ii) make easily available a process for such entities to provide regular and updated information about the scholarships, fellowships, or other programs of student financial assistance.

(D) Contract authorizedIn carrying out the requirements of this paragraph, the Secretary is authorized to enter into a contract with a private entity with demonstrated expertise in creating and maintaining databases such as the one required under this paragraph, under which contract the entity shall furnish, and regularly update, all of the information required to be maintained on the STEM Database.

(5) Dissemination of informationThe Secretary shall take such actions, on an ongoing basis, as may be necessary to disseminate information under this subsection and to encourage the use of the information by interested parties, including sending notices to secondary schools and institutions of higher education.

(h) No user fees for Department financial aid websitesNo fee shall be charged to any individual to access—(1) a database or website of the Department that provides information about higher education programs or student financial assistance, including the College Navigator website (or successor website) and the websites and databases described in this section and section 1015a of this title; or

(2) information about higher education programs or student financial assistance available through a database or website of the Department.

(Pub. L. 89–329, title I, § 131, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1602; amended Pub. L. 110–315, title I, §§ 103(b)(1), 110, Aug. 14, 2008, 122 Stat. 3088, 3094; Pub. L. 111–39, title I, § 101(b)(3), July 1, 2009, 123 Stat. 1935.)

Editorial Notes
Prior ProvisionsA prior section 1015, Pub. L. 89–329, title I, § 131, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 465, authorized grants to eligible partnerships for education telecommunications activities, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1015, Pub. L. 89–329, title I, § 115, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, authorized appropriations for former part A of this subchapter, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1015, Pub. L. 89–329, title I, § 115, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1380, related to continuing education, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1015, Pub. L. 89–329, title I, § 131, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2086, set out the Congressional findings with regard to the lifelong learning program, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 131 of Pub. L. 89–329, title I, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, related to National Advisory Council on Continuing Education and was classified to section 1017 of this title, prior to the general amendment of this subchapter by Pub. L. 102–325.

Amendments2009—Subsec. (a)(3)(A)(iii)(I). Pub. L. 111–39 substituted “section 1078(a)(2)(C)(ii)” for “section 1078(a)(2)(C)(i)”.
2008—Subsec. (a)(3)(B). Pub. L. 110–315, § 103(b)(1), substituted “authorizing committees” for “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives”.
Subsecs. (d), (e). Pub. L. 110–315, § 110(a), added subsecs. (d) and (e) and struck out former subsec. (d), which required the Secretary to survey student aid recipients on a regular cycle, but not less than once every 3 years.
Subsecs. (f), (g). Pub. L. 110–315, § 110(b), added subsecs. (f) and (g).
Subsec. (h). Pub. L. 110–315, § 110(c), added subsec. (h).

Statutory Notes and Related Subsidiaries

Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Student-Related Debt Study RequiredPub. L. 105–244, title VIII, § 803, Oct. 7, 1998, 112 Stat. 1805, which required the Secretary of Education to conduct a study to analyze the distribution and increase in student-related debt, submit a report to congressional committees, and include certain information as part of the comparative information provided to families about the costs of higher education, was repealed by Pub. L. 110–315, title IX, § 931(1), Aug. 14, 2008, 122 Stat. 3456.

§ 1015a. Transparency in college tuition for consumers(a) DefinitionsIn this section:(1) College Navigator websiteThe term “College Navigator website” means the College Navigator website operated by the Department and includes any successor website.

(2) Cost of attendanceThe term “cost of attendance” means the average annual cost of tuition and fees, room and board, books, supplies, and transportation for an institution of higher education for a first-time, full-time undergraduate student enrolled in the institution.

(3) Net priceThe term “net price” means the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at an institution of higher education after deducting such aid, which shall be determined by calculating the difference between—(A) the institution’s cost of attendance for the year for which the determination is made; and

(B) the quotient of—(i) the total amount of need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, provided to such students enrolled in the institution for such year; and

(ii) the total number of such students receiving such need-based grant aid or merit-based grant aid for such year.

(4) Tuition and feesThe term “tuition and fees” means the average annual cost of tuition and fees for an institution of higher education for first-time, full-time undergraduate students enrolled in the institution.

(b) Calculations for public institutionsIn making the calculations regarding cost of attendance, net price, and tuition and fees under this section with respect to a public institution of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the manner described in subsection (a), except that—(1) the cost of attendance, net price, and tuition and fees shall be calculated for first-time, full-time undergraduate students enrolled in the institution who are residents of the State in which such institution is located; and

(2) in determining the net price, the average need-based grant aid and merit-based grant aid described in subsection (a)(3)(B) shall be calculated based on the average total amount of such aid received by first-time, full-time undergraduate students who are residents of the State in which such institution is located, divided by the total number of such resident students receiving such need-based grant aid or merit-based grant aid at such institution.

(c) College affordability and transparency lists(1) Availability of listsBeginning July 1, 2011, the Secretary shall make publicly available on the College Navigator website, in a manner that is sortable and searchable by State, the following:(A) A list of the five percent of institutions in each category described in subsection (d) that have the highest tuition and fees for the most recent academic year for which data are available.

(B) A list of the five percent of institutions in each such category that have the highest net price for the most recent academic year for which data are available.

(C) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in tuition and fees over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.

(D) A list of the five percent of institutions in each such category that have the largest increase, expressed as a percentage change, in net price over the most recent three academic years for which data are available, using the first academic year of the three-year period as the base year to compute such percentage change.

(E) A list of the ten percent of institutions in each such category that have the lowest tuition and fees for the most recent academic year for which data are available.

(F) A list of the ten percent of institutions in each such category that have the lowest net price for the most recent academic year for which data are available.

(2) Annual updatesThe Secretary shall annually update the lists described in paragraph (1) on the College Navigator website.

(d) Categories of institutionsThe lists described in subsection (c)(1) shall be compiled according to the following categories of institutions that participate in programs under subchapter IV:(1) Four-year public institutions of higher education.

(2) Four-year private, nonprofit institutions of higher education.

(3) Four-year private, for-profit institutions of higher education.

(4) Two-year public institutions of higher education.

(5) Two-year private, nonprofit institutions of higher education.

(6) Two-year private, for-profit institutions of higher education.

(7) Less than two-year public institutions of higher education.

(8) Less than two-year private, nonprofit institutions of higher education.

(9) Less than two-year private, for-profit institutions of higher education.

(e) Reports by institutions(1) Report to SecretaryIf an institution of higher education is included on a list described in subparagraph (C) or (D) of subsection (c)(1), the institution shall submit to the Secretary a report containing the following information:(A) A description of the major areas in the institution’s budget with the greatest cost increases.

(B) An explanation of the cost increases described in subparagraph (A).

(C) A description of the steps the institution will take toward the goal of reducing costs in the areas described in subparagraph (A).

(D) In the case of an institution that is included on the same list under subparagraph (C) or (D) of subsection (c)(1) for two or more consecutive years, a description of the progress made on the steps described in subparagraph (C) of this paragraph that were included in the institution’s report for the previous year.

(E) If the determination of any cost increase described in subparagraph (A) is not within the exclusive control of the institution—(i) an explanation of the extent to which the institution participates in determining such cost increase;

(ii) the identification of the agency or instrumentality of State government responsible for determining such cost increase; and

(iii) any other information the institution considers relevant to the report.

(2) Information to the publicThe Secretary shall—(A) issue an annual report that summarizes all of the reports by institutions required under paragraph (1) to the authorizing committees; and

(B) publish such report on the College Navigator website.

(f) Exemptions(1) In generalAn institution shall not be placed on a list described in subparagraph (C) or (D) of subsection (c)(1), and shall not be subject to the reporting required under subsection (e), if the dollar amount of the institution’s increase in tuition and fees, or net price, as applicable, is less than $600 for the three-year period described in such subparagraph.

(2) UpdateBeginning in 2014, and every three years thereafter, the Secretary shall update the dollar amount described in paragraph (1) based on annual increases in inflation, using the Consumer Price Index for each of the three most recent preceding years.

(g) State higher education spending chartThe Secretary shall annually report on the College Navigator website, in charts for each State, comparisons of—(1) the percentage change in spending by such State per full-time equivalent student at all public institutions of higher education in such State, for each of the five most recent preceding academic years;

(2) the percentage change in tuition and fees for such students for all public institutions of higher education in such State for each of the five most recent preceding academic years; and

(3) the percentage change in the total amount of need-based aid and merit-based aid provided by such State to full-time students enrolled in the public institutions of higher education in the State for each of the five most recent preceding academic years.

(h) Net price calculator(1) Development of net price calculatorNot later than one year after August 14, 2008, the Secretary shall, in consultation with institutions of higher education and other appropriate experts, develop a net price calculator to help current and prospective students, families, and other consumers estimate the individual net price of an institution of higher education for a student. The calculator shall be developed in a manner that enables current and prospective students, families, and consumers to determine an estimate of a current or prospective student’s individual net price at a particular institution.

(2) Calculation of individual net priceFor purposes of this subsection, an individual net price of an institution of higher education shall be calculated in the same manner as the net price of such institution is calculated under subsection (a)(3), except that the cost of attendance and the amount of need-based and merit-based aid available shall be calculated for the individual student as much as practicable.

(3) Use of net price calculator by institutionsNot later than two years after the date on which the Secretary makes the calculator developed under paragraph (1) available to institutions of higher education, each institution of higher education that receives Federal funds under subchapter IV shall make publicly available on the institution’s website a net price calculator to help current and prospective students, families, and other consumers estimate a student’s individual net price at such institution of higher education. Such calculator may be a net price calculator developed—(A) by the Department pursuant to paragraph (1); or

(B) by the institution of higher education, if the institution’s calculator includes, at a minimum, the same data elements included in the calculator developed under paragraph (1).

(4) DisclaimerEstimates of an individual net price determined using a net price calculator required under paragraph (3) shall be accompanied by a clear and conspicuous notice—(A) stating that the estimate—(i) does not represent a final determination, or actual award, of financial assistance;

(ii) shall not be binding on the Secretary, the institution of higher education, or the State; and

(iii) may change;

(B) stating that the student must complete the Free Application for Federal Student Aid described in section 1090 of this title in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under subchapter IV; and

(C) including a link to the website of the Department that allows students to access the Free Application for Federal Student Aid described in section 1090 of this title.

(i) Consumer information(1) Availability of subchapter IV institution informationNot later than one year after August 14, 2008, the Secretary shall make publicly available on the College Navigator website, in simple and understandable terms, the following information about each institution of higher education that participates in programs under subchapter IV, for the most recent academic year for which satisfactory data are available:(A) A statement of the institution’s mission.

(B) The total number of undergraduate students who applied to, were admitted by, and enrolled in the institution.

(C) For institutions that require SAT or ACT scores to be submitted, the reading, writing, mathematics, and combined scores on the SAT or ACT, as applicable, for the middle 50 percent range of the institution’s freshman class.

(D) The number of first-time, full-time, and part-time students enrolled at the institution, at the undergraduate and (if applicable) graduate levels.

(E) The number of degree- or certificate-seeking undergraduate students enrolled at the institution who have transferred from another institution.

(F) The percentages of male and female undergraduate students enrolled at the institution.

(G) Of the first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution—(i) the percentage of such students who are from the State in which the institution is located;

(ii) the percentage of such students who are from other States; and

(iii) the percentage of such students who are international students.

(H) The percentages of first-time, full-time, degree- or certificate-seeking students enrolled at the institution, disaggregated by race and ethnic background.

(I) The percentage of undergraduate students enrolled at the institution who are formally registered with the office of disability services of the institution (or the equivalent office) as students with disabilities, except that if such percentage is three percent or less, the institution shall report “three percent or less”.

(J) The percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within—(i) the normal time for completion of, or graduation from, the student’s program;

(ii) 150 percent of the normal time for completion of, or graduation from, the student’s program; and

(iii) 200 percent of the normal time for completion of, or graduation from, the student’s program;

(K) The number of certificates, associate degrees, baccalaureate degrees, master’s degrees, professional degrees, and doctoral degrees awarded by the institution.

(L) The undergraduate major areas of study at the institution with the highest number of degrees awarded.

(M) The student-faculty ratio, the number of full-time and part-time faculty, and the number of graduate assistants with primarily instructional responsibilities, at the institution.

(N)(i) The cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live on campus;

(ii) the cost of attendance for first-time, full-time undergraduate students enrolled in the institution who live off campus; and

(iii) in the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs described in clauses (i) and (ii), for—(I) first-time, full-time students enrolled in the institution who are residents of the State in which the institution is located; and

(II) first-time, full-time students enrolled in the institution who are not residents of such State.

(O) The average annual grant amount (including Federal, State, and institutional aid) awarded to a first-time, full-time undergraduate student enrolled at the institution who receives financial aid.

(P) The average annual amount of Federal student loans provided through the institution to undergraduate students enrolled at the institution.

(Q) The total annual grant aid awarded to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources known by the institution.

(R) The percentage of first-time, full-time undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance known by the institution, provided publicly or through the institution, such as Federal work-study funds.

(S) The number of students enrolled at the institution receiving Federal Pell Grants.

(T) The institution’s cohort default rate, as defined under section 1085(m) of this title.

(U) The information on campus safety required to be collected under section 1092(i) of this title.

(V) A link to the institution’s website that provides, in an easily accessible manner, the following information:(i) Student activities offered by the institution.

(ii) Services offered by the institution for individuals with disabilities.

(iii) Career and placement services offered by the institution to students during and after enrollment.

(iv) Policies of the institution related to transfer of credit from other institutions.

(W) A link to the appropriate section of the Bureau of Labor Statistics website that provides information on regional data on starting salaries in all major occupations.

(X) Information required to be submitted under paragraph (4) and a link to the institution pricing summary page described in paragraph (5).

(Y) In the case of an institution that was required to submit a report under subsection (e)(1), a link to such report.

(Z) The availability of alternative tuition plans, which may include guaranteed tuition plans.

(2) Annual updatesThe Secretary shall annually update the information described in paragraph (1) on the College Navigator website.

(3) ConsultationThe Secretary shall regularly consult with current and prospective college students, family members of such students, institutions of higher education, and other experts to improve the usefulness and relevance of the College Navigator website, with respect to the presentation of the consumer information collected in paragraph (1).

(4) Data collectionThe Commissioner for Education Statistics shall continue to update and improve the Integrated Postsecondary Education Data System (referred to in this section as “IPEDS”), including the reporting of information by institutions and the timeliness of the data collected.

(5) Institution pricing summary page(A) Availability of list of participating institutionsThe Secretary shall make publicly available on the College Navigator website in a sortable and searchable format a list of all institutions of higher education that participate in programs under subchapter IV, which list shall, for each institution, include the following:(i) The tuition and fees for each of the three most recent academic years for which data are available.

(ii) The net price for each of the three most recent available academic years for which data are available.

(iii)(I) During the period beginning July 1, 2010, and ending June 30, 2013, the net price for students receiving Federal student financial aid under subchapter IV, disaggregated by the income categories described in paragraph (6), for the most recent academic year for which data are available.

(II) Beginning July 1, 2013, the net price for students receiving Federal student financial aid under subchapter IV, disaggregated by the income categories described in paragraph (6), for each of the three most recent academic years for which data are available.

(iv) The average annual percentage change and average annual dollar change in such institution’s tuition and fees for each of the three most recent academic years for which data are available.

(v) The average annual percentage change and average annual dollar change in such institution’s net price for each of the three most recent preceding academic years for which data are available.

(vi) A link to the webpage on the College Navigator website that provides the information described in paragraph (1) for the institution.

(B) Annual updatesThe Secretary shall annually update the lists described in subparagraph (A) on the College Navigator website.

(6) Income categories(A) In generalFor purposes of reporting the information required under this subsection, the following income categories shall apply for students who receive Federal student financial aid under subchapter IV:(i) $0–30,000.

(ii) $30,001–48,000.

(iii) $48,001–75,000.

(iv) $75,001–110,000.

(v) $110,001 and more.

(B) AdjustmentThe Secretary may adjust the income categories listed in subparagraph (A) using the Consumer Price Index if the Secretary determines such adjustment is necessary.

(j) Multi-year tuition calculator(1) Development of multi-year tuition calculatorNot later than one year after August 14, 2008, the Secretary shall, in consultation with institutions of higher education, financial planners, and other appropriate experts, develop a multi-year tuition calculator to help current and prospective students, families of such students, and other consumers estimate the amount of tuition an individual may pay to attend an institution of higher education in future years.

(2) Calculation of multi-year tuitionThe multi-year tuition calculator described in paragraph (1) shall—(A) allow an individual to select an institution of higher education for which the calculation shall be made;

(B) calculate an estimate of tuition and fees for each year of the normal duration of the program of study at such institution by—(i) using the tuition and fees for such institution, as reported under subsection (i)(5)(A)(i), for the most recent academic year for which such data are reported; and

(ii) determining an estimated annual percentage change for each year for which the calculation is made, based on the annual percentage change in such institution’s tuition and fees, as reported under subsection (i)(5)(A)(iv), for the most recent three-year period for which such data are reported;

(C) calculate an estimate of the total amount of tuition and fees to complete a program of study at such institution, based on the normal duration of such program, using the estimate calculated under subparagraph (B) for each year of the program of study;

(D) provide the individual with the option to replace the estimated annual percentage change described in subparagraph (B)(ii) with an alternative annual percentage change specified by the individual, and calculate an estimate of tuition and fees for each year and an estimate of the total amount of tuition and fees using the alternative percentage change;

(E) in the case of an institution that offers a multi-year tuition guarantee program, allow the individual to have the estimates of tuition and fees described in subparagraphs (B) and (C) calculated based on the provisions of such guarantee program for the tuition and fees charged to a student, or cohort of students, enrolled for the duration of the program of study; and

(F) include any other features or information determined to be appropriate by the Secretary.

(3) Availability and comparisonThe multi-year tuition calculator described in paragraph (1) shall be available on the College Navigator website and shall allow current and prospective students, families of such students, and consumers to compare information and estimates under this subsection for multiple institutions of higher education.

(4) DisclaimerEach calculation of estimated tuition and fees made using the multi-year tuition calculator described in paragraph (1) shall be accompanied by a clear and conspicuous notice—(A) stating that the calculation—(i) is only an estimate and not a guarantee of the actual amount the student may be charged;

(ii) is not binding on the Secretary, the institution of higher education, or the State; and

(iii) may change, subject to the availability of financial assistance, State appropriations, and other factors;

(B) stating that the student must complete the Free Application for Federal Student Aid described in section 1090 of this title in order to be eligible for, and receive, an actual financial aid award that includes Federal grant, loan, or work-study assistance under subchapter IV; and

(C) including a link to the website of the Department that allows students to access the Free Application for Federal Student Aid described in section 1090 of this title.

(k) Student aid recipient survey(1) Survey requiredThe Secretary, acting through the Commissioner for Education Statistics, shall conduct, on a State-by-State basis, a survey of recipients of Federal student financial aid under subchapter IV—(A) to identify the population of students receiving such Federal student financial aid;

(B) to describe the income distribution and other socioeconomic characteristics of recipients of such Federal student financial aid;

(C) to describe the combinations of aid from Federal, State, and private sources received by such recipients from all income categories;

(D) to describe the—(i) debt burden of such loan recipients, and their capacity to repay their education debts; and

(ii) the impact of such debt burden on the recipients’ course of study and post-graduation plans;

(E) to describe the impact of the cost of attendance of postsecondary education in the determination by students of what institution of higher education to attend; and

(F) to describe how the costs of textbooks and other instructional materials affect the costs of postsecondary education for students.

(2) FrequencyThe survey shall be conducted on a regular cycle and not less often than once every four years.

(3) Survey designThe survey shall be representative of students from all types of institutions, including full-time and part-time students, undergraduate, graduate, and professional students, and current and former students.

(4) DisseminationThe Commissioner for Education Statistics shall disseminate to the public, in printed and electronic form, the information resulting from the survey.

(l) RegulationsThe Secretary is authorized to issue such regulations as may be necessary to carry out this section.

(Pub. L. 89–329, title I, § 132, as added Pub. L. 110–315, title I, § 111, Aug. 14, 2008, 122 Stat. 3098.)

Editorial Notes
Prior ProvisionsA prior section 1015a, Pub. L. 89–329, title I, § 132, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 465, related to grant applications, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1015a, Pub. L. 89–329, title I, § 132, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2087, set out scope of lifelong learning program, prior to the general amendment of this subchapter by Pub. L. 96–374.

§ 1015b. Textbook information(a) Purpose and intentThe purpose of this section is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials. It is the intent of this section to encourage all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students.

(b) DefinitionsIn this section:(1) BundleThe term “bundle” means one or more college textbooks or other supplemental materials that may be packaged together to be sold as course materials for one price.

(2) College textbookThe term “college textbook” means a textbook or a set of textbooks, used for, or in conjunction with, a course in postsecondary education at an institution of higher education.

(3) Course scheduleThe term “course schedule” means a listing of the courses or classes offered by an institution of higher education for an academic period, as defined by the institution.

(4) Custom textbookThe term “custom textbook”—(A) means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education; and

(B) may include, alone or in combination, items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, and elements unique to a specific institution, such as commemorative editions.

(5) Institution of higher educationThe term “institution of higher education” has the meaning given the term in section 1002 of this title.

(6) Integrated textbookThe term “integrated textbook” means a college textbook that is—(A) combined with materials developed by a third party and that, by third-party contractual agreement, may not be offered by publishers separately from the college textbook with which the materials are combined; or

(B) combined with other materials that are so interrelated with the content of the college textbook that the separation of the college textbook from the other materials would render the college textbook unusable for its intended purpose.

(7) PublisherThe term “publisher” means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce.

(8) Substantial contentThe term “substantial content” means parts of a college textbook such as new chapters, new material covering additional eras of time, new themes, or new subject matter.

(9) Supplemental materialThe term “supplemental material” means educational material developed to accompany a college textbook that—(A) may include printed materials, computer disks, website access, and electronically distributed materials; and

(B) is not being used as a component of an integrated textbook.

(c) Publisher requirements(1) College textbook pricing informationWhen a publisher provides a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education receiving Federal financial assistance with information regarding a college textbook or supplemental material, the publisher shall include, with any such information and in writing (which may include electronic communications), the following:(A) The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education and, if available, the price at which the publisher makes the college textbook or supplemental material available to the public.

(B) The copyright dates of the three previous editions of such college textbook, if any.

(C) A description of the substantial content revisions made between the current edition of the college textbook or supplemental material and the previous edition, if any.

(D)(i) Whether the college textbook or supplemental material is available in any other format, including paperback and unbound; and

(ii) for each other format of the college textbook or supplemental material, the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education and, if available, the price at which the publisher makes such other format of the college textbook or supplemental material available to the public.

(2) Unbundling of college textbooks from supplemental materialsA publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundle shall also make available the college textbook and each supplemental material as separate and unbundled items, each separately priced.

(3) Custom textbooksTo the maximum extent practicable, a publisher shall provide the information required under this subsection with respect to the development and provision of custom textbooks.

(d) Provision of ISBN college textbook information in course schedulesTo the maximum extent practicable, each institution of higher education receiving Federal financial assistance shall—(1) disclose, on the institution’s Internet course schedule and in a manner of the institution’s choosing, the International Standard Book Number and retail price information of required and recommended college textbooks and supplemental materials for each course listed in the institution’s course schedule used for preregistration and registration purposes, except that—(A) if the International Standard Book Number is not available for such college textbook or supplemental material, then the institution shall include in the Internet course schedule the author, title, publisher, and copyright date for such college textbook or supplemental material; and

(B) if the institution determines that the disclosure of the information described in this subsection is not practicable for a college textbook or supplemental material, then the institution shall so indicate by placing the designation “To Be Determined” in lieu of the information required under this subsection; and

(2) if applicable, include on the institution’s written course schedule a notice that textbook information is available on the institution’s Internet course schedule, and the Internet address for such schedule.

(e) Availability of information for college bookstoresAn institution of higher education receiving Federal financial assistance shall make available to a college bookstore that is operated by, or in a contractual relationship or otherwise affiliated with, the institution, as soon as is practicable upon the request of such college bookstore, the most accurate information available regarding—(1) the institution’s course schedule for the subsequent academic period; and

(2) for each course or class offered by the institution for the subsequent academic period—(A) the information required by subsection (d)(1) for each college textbook or supplemental material required or recommended for such course or class;

(B) the number of students enrolled in such course or class; and

(C) the maximum student enrollment for such course or class.

(f) Additional informationAn institution disclosing the information required by subsection (d)(1) is encouraged to disseminate to students information regarding—(1) available institutional programs for renting textbooks or for purchasing used textbooks;

(2) available institutional guaranteed textbook buy-back programs;

(3) available institutional alternative content delivery programs; or

(4) other available institutional cost-saving strategies.

(g) GAO reportNot later than July 1, 2013, the Comptroller General of the United States shall report to the authorizing committees on the implementation of this section by institutions of higher education, college bookstores, and publishers. The report shall particularly examine—(1) the availability of college textbook information on course schedules;

(2) the provision of pricing information to faculty of institutions of higher education by publishers;

(3) the use of bundled and unbundled material in the college textbook marketplace, including the adoption of unbundled materials by faculty and the use of integrated textbooks by publishers; and

(4) the implementation of this section by institutions of higher education, including the costs and benefits to such institutions and to students.

(h) Rule of constructionNothing in this section shall be construed to supercede the institutional autonomy or academic freedom of instructors involved in the selection of college textbooks, supplemental materials, and other classroom materials.

(i) No regulatory authorityThe Secretary shall not promulgate regulations with respect to this section.

(Pub. L. 89–329, title I, § 133, as added Pub. L. 110–315, title I, § 112(a), Aug. 14, 2008, 122 Stat. 3107.)

Editorial Notes
Prior ProvisionsA prior section 1015b, Pub. L. 89–329, title I, § 133, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, related to activities for which grants could be used, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1015b, Pub. L. 89–329, title I, § 133, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2087; amended Pub. L. 95–43, § 1(a)(4), June 15, 1977, 91 Stat. 213, related to implementation of lifelong learning program by Assistant Secretary, prior to the general amendment of this subchapter by Pub. L. 96–374.

Statutory Notes and Related Subsidiaries
Effective DatePub. L. 110–315, title I, § 112(b), Aug. 14, 2008, 122 Stat. 3110, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on July 1, 2010.”

Establishment of Pilot Program for Course Material RentalPub. L. 110–315, title VIII, § 803, Aug. 14, 2008, 122 Stat. 3449, provided that:
“(a) Pilot Grant Program.—From the amounts appropriated pursuant to subsection (e), the Secretary of Education (referred to in this section as the ‘Secretary’) shall make grants on a competitive basis to not more than ten institutions of higher education to support pilot programs that expand the services of bookstores to provide the option for students to rent course materials in order to achieve savings for students.

“(b) Application.—An institution of higher education that desires to obtain a grant under this section shall submit an application to the Secretary at such time, in such form, and containing or accompanied by such information, agreements, and assurances as the Secretary may reasonably require.

“(c) Use of Funds.—The funds made available by a grant under this section may be used for—“(1) purchase of course materials that the entity will make available by rent to students;

“(2) any equipment or software necessary for the conduct of a rental program;

“(3) hiring staff needed for the conduct of a rental program, with priority given to hiring enrolled undergraduate students; and

“(4) building or acquiring extra storage space dedicated to course materials for rent.

“(d) Evaluation and Report.—“(1) Evaluations by recipients.—After a period of time to be determined by the Secretary, each institution of higher education that receives a grant under this section shall submit a report to the Secretary on the effectiveness of their rental programs in reducing textbook costs for students.

“(2) Report to congress.—Not later than September 30, 2010, the Secretary shall submit a report to Congress on the effectiveness of the textbook rental pilot programs under this section, and identify the best practices developed in such pilot programs. Such report shall contain an estimate by the Secretary of the savings achieved by students who participate in such pilot programs.

“(e) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2009 and 2010.”

§ 1015c. Database of student information prohibited(a) ProhibitionExcept as described in subsection (b), nothing in this chapter shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals receiving assistance under this chapter, attending institutions receiving assistance under this chapter, or otherwise involved in any studies or other collections of data under this chapter, including a student unit record system, an education bar code system, or any other system that tracks individual students over time.

(b) ExceptionThe provisions of subsection (a) shall not apply to a system (or a successor system) that—(1) is necessary for the operation of programs authorized by subchapter II, IV, or VII; and

(2) was in use by the Secretary, directly or through a contractor, as of the day before August 14, 2008.

(c) State databasesNothing in this chapter shall prohibit a State or a consortium of States from developing, implementing, or maintaining State-developed databases that track individuals over time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention rates, student financial assistance, and graduate employment outcomes.

(Pub. L. 89–329, title I, § 134, as added Pub. L. 110–315, title I, § 113, Aug. 14, 2008, 122 Stat. 3110.)

Editorial Notes
Prior ProvisionsA prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, defined “public broadcasting entity” for purposes of former part C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105–244.
Another prior section 1015c, Pub. L. 89–329, title I, § 134, as added Pub. L. 94–482, title I, § 101(g)(3), Oct. 12, 1976, 90 Stat. 2089, related to annual reports by Assistant Secretary and content of these reports, prior to the general amendment of this subchapter by Pub. L. 96–374.

§ 1015d. In-State tuition rates for members of the armed forces on active duty, spouses, and dependent children(a) RequirementIn the case of a member of the armed forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this chapter, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.

(b) ContinuationIf a member of the armed forces (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.

(c) Effective dateThis section shall take effect at each public institution of higher education in a State that receives assistance under this chapter for the first period of enrollment at such institution that begins after July 1, 2009.

(d) DefinitionsIn this section, the terms “armed forces” and “active duty for a period of more than 30 days” have the meanings given those terms in section 101 of title 10.

(Pub. L. 89–329, title I, § 135, as added Pub. L. 110–315, title I, § 114, Aug. 14, 2008, 122 Stat. 3111.)

Editorial Notes
Prior ProvisionsA prior section 1015d, Pub. L. 89–329, title I, § 135, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, required grant recipients to submit reports, prior to the general amendment of this subchapter by Pub. L. 105–244.

§ 1015e. State higher education information system pilot program(a) PurposeIt is the purpose of this section to carry out a pilot program to assist not more than five States to develop State-level postsecondary student data systems to—(1) improve the capacity of States and institutions of higher education to generate more comprehensive and comparable data, in order to develop better-informed educational policy at the State level and to evaluate the effectiveness of institutional performance while protecting the confidentiality of students’ personally identifiable information; and

(2) identify how to best minimize the data-reporting burden placed on institutions of higher education, particularly smaller institutions, and to maximize and improve the information institutions receive from the data systems, in order to assist institutions in improving educational practice and postsecondary outcomes.

(b) Definition of eligible entityIn this section, the term “eligible entity” means—(1) a State higher education system; or

(2) a consortium of State higher education systems, or a consortium of individual institutions of higher education, that is broadly representative of institutions in different sectors and geographic locations.

(c) Competitive grants(1) Grants authorizedThe Secretary shall award grants, on a competitive basis, to not more than five eligible entities to enable the eligible entities to—(A) design, test, and implement systems of postsecondary student data that provide the maximum benefits to States, institutions of higher education, and State policymakers; and

(B) examine the costs and burdens involved in implementing a State-level postsecondary student data system.

(2) DurationA grant awarded under this section shall be for a period of not more than three years.

(d) Application requirementsAn eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a description of—(1) how the eligible entity will ensure that student privacy is protected and that individually identifiable information about students, the students’ achievements, and the students’ families remains confidential in accordance with section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”); and

(2) how the activities funded by the grant will be supported after the three-year grant period.

(e) Use of fundsA grant awarded under this section shall be used to—(1) design, develop, and implement the components of a comprehensive postsecondary student data system with the capacity to transmit student information within a State;

(2) improve the capacity of institutions of higher education to analyze and use student data;

(3) select and define common data elements, data quality, and other elements that will enable the data system to—(A) serve the needs of institutions of higher education for institutional research and improvement;

(B) provide students and the students’ families with useful information for decision-making about postsecondary education; and

(C) provide State policymakers with improved information to monitor and guide efforts to improve student outcomes and success in higher education;

(4) estimate costs and burdens at the institutional level for the reporting system for different types of institutions; and

(5) test the feasibility of protocols and standards for maintaining data privacy and data access.

(f) Evaluation; reportsNot later than six months after the end of the projects funded by grants awarded under this section, the Secretary shall—(1) conduct a comprehensive evaluation of the pilot program authorized by this section; and

(2) report the Secretary’s findings, as well as recommendations regarding the implementation of State-level postsecondary student data systems, to the authorizing committees.

(g) Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(Pub. L. 89–329, title I, § 136, as added Pub. L. 110–315, title I, § 115, Aug. 14, 2008, 122 Stat. 3111; amended Pub. L. 111–39, title I, § 101(b)(4), July 1, 2009, 123 Stat. 1935.)

Editorial Notes
Amendments2009—Subsec. (d)(1). Pub. L. 111–39 substituted “(commonly known as the ‘Family Educational Rights and Privacy Act of 1974’)” for “(Family Educational Rights and Privacy Act of 1974)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§ 1015f. State commitment to affordable college education(a) Maintenance of effort requiredA State shall provide—(1) for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-direct research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfactory data are available; and

(2) for private institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding academic years for which satisfactory data are available.

(b) Adjustments for biennial appropriationsThe Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels for postsecondary education in States with biennial appropriation cycles.

(c) WaiverThe Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen 11 So in original. Probably should be “unforeseen”. decline in the financial resources of a State or State educational agency, as appropriate.

(d) Violation of maintenance of effortNotwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under section 1141 of this title until such State has made significant efforts to correct such violation.

(Pub. L. 89–329, title I, § 137, as added Pub. L. 110–315, title I, § 116, Aug. 14, 2008, 122 Stat. 3113.)

Editorial Notes
Prior ProvisionsA prior section 1016, Pub. L. 89–329, title I, § 121, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to adult learning research, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1016, Pub. L. 89–329, title I, § 116, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1381, provided for Federal discretionary grants, prior to the general amendment of this subchapter by Pub. L. 99–498.
A prior section 1016a, Pub. L. 89–329, title I, § 122, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, limited funds authorized to be appropriated, prior to the general amendment of this subchapter by Pub. L. 102–325.
A prior section 1017, Pub. L. 89–329, title I, § 131, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286; Pub. L. 102–54, § 13(g)(1)(A), June 13, 1991, 105 Stat. 275, related to National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1017, Pub. L. 89–329, title I, § 117, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1382; amended Pub. L. 99–386, title I, § 103(a), Aug. 22, 1986, 100 Stat. 821, related to establishment and administration of the National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by Pub. L. 99–498.

Part D—Administrative Provisions for Delivery of Student Financial Assistance
§ 1018. Performance-Based Organization for delivery of Federal student financial assistance(a) Establishment and purpose(1) EstablishmentThere is established in the Department a Performance-Based Organization (hereafter referred to as the “PBO”) which shall be a discrete management unit responsible for managing the administrative and oversight functions supporting the programs authorized under subchapter IV of this chapter, as specified in subsection (b).

(2) PurposesThe purposes of the PBO are—(A) to improve service to students and other participants in the student financial assistance programs authorized under subchapter IV, including making those programs more understandable to students and their parents;

(B) to reduce the costs of administering those programs;

(C) to increase the accountability of the officials responsible for administering the operational aspects of these programs;

(D) to provide greater flexibility in the management and administration of the Federal student financial assistance programs;

(E) to integrate the information systems supporting the Federal student financial assistance programs;

(F) to implement an open, common, integrated system for the delivery of student financial assistance under subchapter IV; and

(G) to develop and maintain a student financial assistance system that contains complete, accurate, and timely data to ensure program integrity.

(b) General authority(1) Authority of SecretaryNotwithstanding any other provision of this part, the Secretary shall maintain responsibility for the development and promulgation of policy and regulations relating to the programs of student financial assistance under subchapter IV. In the exercise of its functions, the PBO shall be subject to the direction of the Secretary. The Secretary shall—(A) request the advice of, and work in cooperation with, the Chief Operating Officer in developing regulations, policies, administrative guidance, or procedures affecting the Federal student financial assistance programs authorized under subchapter IV;

(B) request cost estimates from the Chief Operating Officer for system changes required by specific policies proposed by the Secretary; and

(C) assist the Chief Operating Officer in identifying goals for—(i) the administration of the systems used to administer the Federal student financial assistance programs authorized under subchapter IV; and

(ii) the updating of such systems to current technology.

(2) PBO functionsSubject to paragraph (1), the PBO shall be responsible for the administration of Federal student financial assistance programs authorized under subchapter IV, excluding the development of policy relating to such programs but including the following:(A) The administrative, accounting, and financial management functions for the Federal student financial assistance programs authorized under subchapter IV, including—(i) the collection, processing, and transmission of data to students, institutions, lenders, State agencies, and other authorized parties;

(ii) the design and technical specifications for software development and procurement for systems supporting the Federal student financial assistance programs authorized under subchapter IV;

(iii) all software and hardware acquisitions and all information technology contracts related to the administration and management of student financial assistance under subchapter IV;

(iv) all aspects of contracting for the information and financial systems supporting the Federal student financial assistance programs authorized under subchapter IV;

(v) providing all customer service, training, and user support related to the administration of the Federal student financial assistance programs authorized under subchapter IV; and

(vi) ensuring the integrity of the Federal student financial assistance programs authorized under subchapter IV.

(B) Annual development of a budget for the activities and functions of the PBO, in consultation with the Secretary, and for consideration and inclusion in the Department’s annual budget submission.

(3) Additional functionsThe Secretary may allocate to the PBO such additional functions as the Secretary and the Chief Operating Officer determine are necessary or appropriate to achieve the purposes of the PBO.

(4) IndependenceSubject to paragraph (1), in carrying out its functions, the PBO shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions.

(5) Audits and reviewThe PBO shall be subject to the usual and customary Federal audit procedures and to review by the Inspector General of the Department.

(6) Changes(A) In generalThe Secretary and the Chief Operating Officer shall consult concerning the effects of policy, market, or other changes on the ability of the PBO to achieve the goals and objectives established in the performance plan described in subsection (c).

(B) Revisions to agreementThe Secretary and the Chief Operating Officer may revise the annual performance agreement described in subsection (d)(4) in light of policy, market, or other changes that occur after the Secretary and the Chief Operating Officer enter into the agreement.

(c) Performance plan, report, and briefing(1) Performance plan(A) In generalEach year, the Secretary and Chief Operating Officer shall agree on, and make available to the public, a performance plan for the PBO for the succeeding 5 years that establishes measurable goals and objectives for the organization.

(B) ConsultationIn developing the 5-year performance plan and any revision to the plan, the Secretary and the Chief Operating Officer shall consult with students, institutions of higher education, Congress, lenders, the Advisory Committee on Student Financial Assistance, and other interested parties not less than 30 days prior to the implementation of the performance plan or revision.

(C) AreasThe plan shall include a concise statement of the goals for a modernized system for the delivery of student financial assistance under subchapter IV and identify action steps necessary to achieve such goals. The plan shall address the PBO’s responsibilities in the following areas:(i) Improving serviceImproving service to students and other participants in student financial aid programs authorized under under 11 So in original. subchapter IV, including making those programs more understandable to students and their parents.

(ii) Reducing costsReducing the costs of administering those programs.

(iii) Improvement and integration of support systemsImproving and integrating the systems that support those programs.

(iv) Delivery and information systemDeveloping open, common, and integrated systems for programs authorized under under 1 subchapter IV.

(v) Other areasAny other areas identified by the Secretary.

(2) Annual reportEach year, the Chief Operating Officer shall prepare and submit to Congress, through the Secretary, an annual report on the performance of the PBO, including an evaluation of the extent to which the PBO met the goals and objectives contained in the 5-year performance plan described in paragraph (1) for the preceding year. The annual report shall include the following:(A) An independent financial audit of the expenditures of both the PBO and the programs administered by the PBO.

(B) Financial and performance requirements applicable to the PBO under the Chief Financial Officers Act of 1990 and the Government Performance and Results Act of 1993.

(C) The results achieved by the PBO during the year relative to the goals established in the organization’s performance plan.

(D) The evaluation rating of the performance of the Chief Operating Officer and senior managers under subsections (d)(4) and (e)(2), including the amounts of bonus compensation awarded to these individuals.

(E) Recommendations for legislative and regulatory changes to improve service to students and their families, and to improve program efficiency and integrity.

(F) Other such information as the Director of the Office of Management and Budget shall prescribe for performance based organizations.

(3) Consultation with stakeholdersThe Chief Operating Officer, in preparing the report described in paragraph (2), shall establish appropriate means to consult with students, borrowers, institutions, lenders, guaranty agencies, secondary markets, and others involved in the delivery system of student aid under subchapter IV—(A) regarding the degree of satisfaction with the delivery system; and

(B) to seek suggestions on means to improve the delivery system.

(4) Briefing on enforcement of student loan provisionsThe Secretary shall, upon request, provide a briefing to the members of the authorizing committees on the steps the Department has taken to ensure—(A) the integrity of the student loan programs; and

(B) that lenders and guaranty agencies are adhering to the requirements of subchapter IV.

(d) Chief Operating Officer(1) AppointmentThe management of the PBO shall be vested in a Chief Operating Officer who shall be appointed by the Secretary to a term of not less than 3 and not more than 5 years, and compensated without regard to chapters 33, 51, and 53 of title 5. The appointment shall be made on the basis of demonstrated management ability and expertise in information technology, including experience with financial systems, and without regard to political affiliation or activity.

(2) ReappointmentThe Secretary may reappoint the Chief Operating Officer to subsequent terms of not less than 3 and not more than 5 years, so long as the performance of the Chief Operating Officer, as set forth in the performance agreement described in paragraph (4), is satisfactory.

(3) RemovalThe Chief Operating Officer may be removed by—(A) the President; or

(B) the Secretary, for misconduct or failure to meet performance goals set forth in the performance agreement in paragraph (4).

The President or Secretary shall communicate the reasons for any such removal to the authorizing committees.

(4) Performance agreement(A) In generalEach year, the Secretary and the Chief Operating Officer shall enter into an annual performance agreement, that shall set forth measurable organization and individual goals for the Chief Operating Officer.

(B) TransmittalThe final agreement, and any revision to the final agreement, shall be transmitted to the authorizing committees, and made publicly available.

(5) Compensation(A) In generalThe Chief Operating Officer is authorized to be paid at an annual rate of basic pay not to exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(B) of such title. The compensation of the Chief Operating Officer shall be considered for purposes of section 207(c)(2)(A) of title 18 to be the equivalent of that described under clause (ii) of section 207(c)(2)(A) of such title.

(B) BonusIn addition, the Chief Operating Officer may receive a bonus in an amount that does not exceed 50 percent of such annual rate of basic pay, based upon the Secretary’s evaluation of the Chief Operating Officer’s performance in relation to the goals set forth in the performance agreement described in paragraph (4).

(C) PaymentPayment of a bonus under subparagraph (B) may be made to the Chief Operating Officer only to the extent that such payment does not cause the Chief Operating Officer’s total aggregate compensation in a calendar year to equal or exceed the amount of the President’s salary under section 102 of title 3.

(e) Senior management(1) Appointment(A) In generalThe Chief Operating Officer may appoint such senior managers as that officer determines necessary without regard to the provisions of title 5 governing appointments in the competitive service.

(B) CompensationThe senior managers described in subparagraph (A) 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.

(2) Performance agreementEach year, the Chief Operating Officer and each senior manager appointed under this subsection shall enter into an annual performance agreement that sets forth measurable organization and individual goals. The agreement shall be subject to review and renegotiation at the end of each term.

(3) Compensation(A) In generalA senior manager appointed under this subsection may be paid at an annual rate of basic pay of not more than the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of such title. The compensation of a senior manager shall be considered for purposes of section 207(c)(2)(A) of title 18 to be the equivalent of that described under clause (ii) of section 207(c)(2)(A) of such title.

(B) BonusIn addition, a senior manager may receive a bonus in an amount such that the manager’s total annual compensation does not exceed 125 percent of the maximum rate of basic pay for the Senior Executive Service, including any applicable locality-based comparability payment, based upon the Chief Operating Officer’s evaluation of the manager’s performance in relation to the goals set forth in the performance agreement described in paragraph (2).

(4) RemovalA senior manager shall be removable by the Chief Operating Officer, or by the Secretary if the position of Chief Operating Officer is vacant.

(f) Student Loan Ombudsman(1) AppointmentThe Chief Operating Officer, in consultation with the Secretary, shall appoint a Student Loan Ombudsman to provide timely assistance to borrowers of loans made, insured, or guaranteed under subchapter IV by performing the functions described in paragraph (3).

(2) Public informationThe Chief Operating Officer shall disseminate information about the availability and functions of the Ombudsman to students, borrowers, and potential borrowers, as well as institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in those student loan programs.

(3) Functions of OmbudsmanThe Ombudsman shall—(A) in accordance with regulations of the Secretary, receive, review, and attempt to resolve informally complaints from borrowers of loans described in paragraph (1), including, as appropriate, attempts to resolve such complaints within the Department of Education and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in the loan programs described in paragraph (1); and

(B) compile and analyze data on borrower complaints and make appropriate recommendations.

(4) ReportEach year, the Ombudsman shall submit a report to the Chief Operating Officer, for inclusion in the annual report under subsection (c)(2), that describes the activities, and evaluates the effectiveness of the Ombudsman during the preceding year.

(g) Personnel flexibility(1) Personnel ceilingsThe PBO shall not be subject to any ceiling relating to the number or grade of employees.

(2) Administrative flexibilityThe Chief Operating Officer shall work with the Office of Personnel Management to develop and implement personnel flexibilities in staffing, classification, and pay that meet the needs of the PBO, subject to compliance with title 5.

(3) Excepted serviceThe Chief Operating Officer may appoint, without regard to the provisions of title 5 governing appointments in the competitive service, technical and professional employees to administer the functions of the PBO. These employees 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.

(h) Establishment of fair and equitable system for measuring staff performanceThe PBO shall establish an annual performance management system, subject to compliance with title 5, and consistent with applicable provisions of law and regulations, which strengthens the effectiveness of the PBO by providing for establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the performance plan of the PBO and its performance planning procedures, including those established under the Government Performance and Results Act of 1993, and communicating such goals or objectives to employees.

(i) Authorization of appropriationsThe Secretary shall allocate from funds made available under section 1087h of this title such funds as are appropriate to the functions assumed by the PBO. In addition, there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this part.

(Pub. L. 89–329, title I, § 141, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1604; amended Pub. L. 110–315, title I, §§ 103(b)(2), 117, Aug. 14, 2008, 122 Stat. 3088, 3114; Pub. L. 111–39, title I, § 101(b)(5), July 1, 2009, 123 Stat. 1935; Pub. L. 116–251, § 5, Dec. 22, 2020, 134 Stat. 1131.)

Amendment of Subsection (b)(2)Pub. L. 116–251, §§ 5, 6, Dec. 22, 2020, 134 Stat. 1131, 1132, provided that, effective 180 days after Dec. 22, 2020, subsection (b)(2) of this section is amended by adding at the end the following:
(C) Taking action to prevent and address the improper use of access devices, as described in section 1092b(d)(7) of this title, including by—
(i) detecting common patterns of improper use of any system that processes payments on Federal Direct Loans or other Department information technology systems;
(ii) maintaining a reporting system for contractors involved in the processing of payments on Federal Direct Loans in order to allow those contractors to alert the Secretary of potentially improper use of Department information technology systems;
(iii) proactively contacting Federal student loan borrowers whose Federal student loan accounts demonstrate a likelihood of improper use in order to warn those borrowers of suspicious activity or potential fraud regarding their Federal student loan accounts; and
(iv) providing clear and simple disclosures in communications with borrowers who are applying for or requesting assistance with Federal Direct Loan programs (including assistance or applications regarding income-driven repayment, forbearance, deferment, consolidation, rehabilitation, cancellation, and forgiveness) to ensure that borrowers are aware that the Department will never require borrowers to pay for such assistance or applications.
See 2020 Amendment note below.

Editorial Notes

References in TextThe Chief Financial Officers Act of 1990, referred to in subsec. (c)(2)(B), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.
The Government Performance and Results Act of 1993, referred to in subsecs. (c)(2)(B) and (h), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

Prior ProvisionsA prior section 1018, Pub. L. 89–329, title I, § 141, as added Pub. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1514, set out purpose of former part D of this subchapter as being the development of student literacy corps programs, prior to the general amendment of this subchapter by Pub. L. 102–325.
Another prior section 1018, Pub. L. 89–329, title I, § 118, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1382, defined terms used in former part D of this subchapter, prior to the general amendment of this subchapter by Pub. L. 99–498.

Amendments2020—Subsec. (b)(2)(C). Pub. L. 116–251 added subpar. (C).
2009—Subsec. (c)(3). Pub. L. 111–39, § 101(b)(5)(A), substituted “under subchapter IV” for “under this subchapter” in introductory provisions.
Subsec. (d)(3). Pub. L. 111–39, § 101(b)(5)(B), substituted “authorizing committees” for “appropriate committees of Congress” in concluding provisions.
2008—Subsec. (a)(1). Pub. L. 110–315, § 117(1)(A), substituted “administrative and oversight” for “operational”.
Subsec. (a)(2)(D). Pub. L. 110–315, § 117(1)(B), substituted “and administration” for “of the operational functions”.
Subsec. (b)(1)(A). Pub. L. 110–315, § 117(2)(A)(i), substituted “the Federal student financial assistance programs authorized under subchapter IV” for “the information systems administered by the PBO, and other functions performed by the PBO”.
Subsec. (b)(1)(C). Pub. L. 110–315, § 117(2)(A)(ii), added subpar. (C) and struck out former subpar. (C) which read as follows: “assist the Chief Operating Officer in identifying goals for the administration and modernization of the delivery system for student financial assistance under subchapter IV.”
Subsec. (b)(2). Pub. L. 110–315, § 117(2)(B)(i), in introductory provisions, substituted “the administration of Federal” for “administration of the information and financial systems that support” and “subchapter IV” for “this subchapter”.
Subsec. (b)(2)(A). Pub. L. 110–315, § 117(2)(B)(ii)(I), substituted “for the Federal student financial assistance programs authorized under subchapter IV” for “of the delivery system for Federal student assistance” in introductory provisions.
Subsec. (b)(2)(A)(i), (ii). Pub. L. 110–315, § 117(2)(B)(ii)(II), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
“(i) the collection, processing and transmission of applicant data to students, institutions and authorized third parties, as provided for in section 1090 of this title;
“(ii) design and technical specifications for software development and systems supporting the delivery of student financial assistance under subchapter IV;”.
Subsec. (b)(2)(A)(iii). Pub. L. 110–315, § 117(2)(B)(ii)(III), substituted “administration” for “delivery”.
Subsec. (b)(2)(A)(iv). Pub. L. 110–315, § 117(2)(B)(ii)(IV), inserted “the Federal” after “supporting”, substituted “authorized under subchapter IV” for “under this subchapter”, and struck out “and” after the semicolon.
Subsec. (b)(2)(A)(v). Pub. L. 110–315, § 117(2)(B)(ii)(V), substituted “the administration of the Federal student financial assistance programs authorized under subchapter IV; and” for “systems that support those programs.”
Subsec. (b)(2)(A)(vi). Pub. L. 110–315, § 117(2)(B)(ii)(VI), added cl. (vi).
Subsec. (b)(2)(B). Pub. L. 110–315, § 117(2)(B)(iii), substituted “activities and functions” for “operations and services”.
Subsec. (c). Pub. L. 110–315, § 117(3)(A), substituted “Performance plan, report, and briefing” for “Performance plan and report” in heading.
Subsec. (c)(1)(C)(i). Pub. L. 110–315, § 117(3)(B)(i), substituted “under subchapter IV” for “this subchapter”.
Subsec. (c)(1)(C)(iii). Pub. L. 110–315, § 117(3)(B)(ii), struck out “information and delivery” after “integrating the”.
Subsec. (c)(1)(C)(iv). Pub. L. 110–315, § 117(3)(B)(i), (iii), substituted “Developing” for “Developing an”, “systems” for “delivery and information system”, and “under subchapter IV” for “this subchapter”.
Subsec. (c)(2)(A). Pub. L. 110–315, § 117(3)(C)(i), inserted “the” after “PBO and”.
Subsec. (c)(2)(B). Pub. L. 110–315, § 117(3)(C)(ii), substituted “Officers” for “Officer”.
Subsec. (c)(3). Pub. L. 110–315, § 117(3)(D), inserted “students,” after “consult with” in introductory provisions.
Subsec. (c)(4). Pub. L. 110–315, § 117(3)(E), added par. (4).
Subsec. (d)(1). Pub. L. 110–315, § 117(4)(A), struck out after first sentence “The Secretary shall appoint the Chief Operating Officer within 6 months after October 7, 1998.”
Subsec. (d)(4)(B). Pub. L. 110–315, § 103(b)(2), substituted “authorizing committees” for “Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate”.
Subsec. (d)(5)(B). Pub. L. 110–315, § 117(4)(B)(i), substituted “paragraph (4)” for “paragraph (2)”.
Subsec. (d)(5)(C). Pub. L. 110–315, § 117(4)(B)(ii), struck out “this” before “subparagraph (B)”.
Subsec. (f)(2). Pub. L. 110–315, § 117(5)(A), substituted “to students, borrowers,” for “to borrowers”.
Subsec. (f)(3)(A). Pub. L. 110–315, § 117(5)(B), substituted “paragraph (1);” for “paragraph (1)(A);”.
Subsec. (g)(3). Pub. L. 110–315, § 117(6), struck out “not more than 25” before “technical and professional employees”.
Subsec. (h). Pub. L. 110–315, § 117(7), substituted “effectiveness” for “organizational effectiveness”.
Subsecs. (i), (j). Pub. L. 110–315, § 117(8)–(10), redesignated subsec. (j) as (i), struck out “, including transition costs” before period at end, and struck out former subsec. (i). Text of former subsec. (i) read as follows: “The Secretary and the Chief Operating Officer, not later than 180 days after October 7, 1998, shall report to Congress on the proposed budget and sources of funding for the operation of the PBO.”

Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116–251, § 6, Dec. 22, 2020, 134 Stat. 1132, provided that: “This Act [see Short Title of 2020 Amendment note set out under section 1001 of this title], and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act [Dec. 22, 2020].”

Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Study of Market Mechanisms in Federal Student Loan ProgramsPub. L. 105–244, title VIII, § 801, Oct. 7, 1998, 112 Stat. 1803, which directed the Comptroller General and Secretary of Education, in consultation with a study group, to design and conduct a study to identify and evaluate means of establishing a market mechanism for the delivery of certain student loans made pursuant to title IV of the Higher Education Act (20 U.S.C. 1070 et seq.) and to transmit a final report to congressional committees not later than May 15, 2001, was repealed by Pub. L. 110–315, title IX, § 931(1), Aug. 14, 2008, 122 Stat. 3456.

§ 1018a. Procurement flexibility(a) Procurement authoritySubject to the authority of the Secretary, the Chief Operating Officer of a PBO may exercise the authority of the Secretary to procure property and services in the performance of functions managed by the PBO. For the purposes of this section, the term “PBO” includes the Chief Operating Officer of the PBO and any employee of the PBO exercising procurement authority under the preceding sentence.

(b) In generalExcept as provided in this section, the PBO shall abide by all applicable Federal procurement laws and regulations when procuring property and services. The PBO shall—(1) enter into contracts to carry out the functions set forth in section 1018(b)(2) of this title;

(2) obtain the services of experts and consultants without regard to section 3109 of title 5 and set pay in accordance with such section; and

(3) through the Chief Operating Officer—(A) to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; and

(B) assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements.

(c) Service contracts(1) Performance-based servicing contractsThe Chief Operating Officer shall, to the extent practicable, maximize the use of performance-based servicing contracts, consistent with guidelines for such contracts published by the Office of Federal Procurement Policy, to achieve cost savings and improve service.

(2) Fee for service arrangementsThe Chief Operating Officer shall, when appropriate and consistent with the purposes of the PBO, acquire services related to the functions set forth in section 1018(b)(2) of this title from any entity that has the capability and capacity to meet the requirements set by the PBO. The Chief Operating Officer is authorized to pay fees that are equivalent to those paid by other entities to an organization that provides services that meet the requirements of the PBO, as determined by the Chief Operating Officer.

(d) Two-phase source-selection procedures(1) In generalThe PBO may use a two-phase process for selecting a source for a procurement of property or services.

(2) First phaseThe procedures for the first phase of the process for a procurement are as follows:(A) Publication of noticeThe contracting officer for the procurement shall publish a notice of the procurement in accordance with section 1708 of title 41 and subsections (e), (f), and (g) of section 637 of title 15, except that the notice shall include only the following:(i) A general description of the scope or purpose of the procurement that provides sufficient information on the scope or purpose for sources to make informed business decisions regarding whether to participate in the procurement.

(ii) A description of the basis on which potential sources are to be selected to submit offers in the second phase.

(iii) A description of the information that is to be required under subparagraph (B).

(iv) Any additional information that the contracting officer determines appropriate.

(B) Information submitted by offerorsEach offeror for the procurement shall submit basic information, such as information on the offeror’s qualifications, the proposed conceptual approach, costs likely to be associated with the proposed conceptual approach, and past performance of the offeror, together with any additional information that is requested by the contracting officer.

(C) Selection for second phaseThe contracting officer shall select the offerors that are to be eligible to participate in the second phase of the process. The contracting officer shall limit the number of the selected offerors to the number of sources that the contracting officer determines is appropriate and in the best interests of the Federal Government.

(3) Second phase(A) In generalThe contracting officer shall conduct the second phase of the source selection process in accordance with sections 3306(a) to (e) and 3308, chapter 37, and section 4702 of title 41.

(B) Eligible participantsOnly the sources selected in the first phase of the process shall be eligible to participate in the second phase.

(C) Single or multiple procurementsThe second phase may include a single procurement or multiple procurements within the scope, or for the purpose, described in the notice pursuant to paragraph (2)(A).

(4) Procedures considered competitiveThe procedures used for selecting a source for a procurement under this subsection shall be considered competitive procedures for all purposes.

(e) Use of simplified procedures for commercial products and commercial servicesWhenever the PBO anticipates that commercial products or commercial services will be offered for a procurement, the PBO may use (consistent with the special rules for commercial products and commercial services) the special simplified procedures for the procurement without regard to any dollar limitation otherwise applicable to the use of those procedures.

(f) Flexible wait periods and deadlines for submission of offers of noncommercial products and services(1) AuthorityIn carrying out a procurement, the PBO may—(A) apply a shorter waiting period for the issuance of a solicitation after the publication of a notice under section 1708 of title 41 than is required under subsection (a)(3)(A) of such section; and

(B) notwithstanding subsection (a)(3) of such section, establish any deadline for the submission of bids or proposals that affords potential offerors a reasonable opportunity to respond to the solicitation.

(2) Inapplicability to commercial products and servicesParagraph (1) does not apply to a procurement of a commercial product or a commercial service.

(3) Consistency with applicable international agreementsIf an international agreement is applicable to the procurement, any exercise of authority under paragraph (1) shall be consistent with the international agreement.

(g) Modular contracting(1) In generalThe PBO may satisfy the requirements of the PBO for a system incrementally by carrying out successive procurements of modules of the system. In doing so, the PBO may use procedures authorized under this subsection to procure any such module after the first module.

(2) Utility requirementA module may not be procured for a system under this subsection unless the module is useful independently of the other modules or useful in combination with another module previously procured for the system.

(3) Conditions for use of authorityThe PBO may use procedures authorized under paragraph (4) for the procurement of an additional module for a system if—(A) competitive procedures were used for awarding the contract for the procurement of the first module for the system; and

(B) the solicitation for the first module included—(i) a general description of the entire system that was sufficient to provide potential offerors with reasonable notice of the general scope of future modules;

(ii) other information sufficient for potential offerors to make informed business judgments regarding whether to submit offers for the contract for the first module; and

(iii) a statement that procedures authorized under this subsection could be used for awarding subsequent contracts for the procurement of additional modules for the system.

(4) ProceduresIf the procurement of the first module for a system meets the requirements set forth in paragraph (3), the PBO may award a contract for the procurement of an additional module for the system using any of the following procedures:(A) Single-source basisAward of the contract on a single-source basis to a contractor who was awarded a contract for a module previously procured for the system under competitive procedures or procedures authorized under subparagraph (B).

(B) Adequate competitionAward of the contract on the basis of offers made by—(i) a contractor who was awarded a contract for a module previously procured for the system after having been selected for award of the contract under this subparagraph or other competitive procedures; and

(ii) at least one other offeror that submitted an offer for a module previously procured for the system and is expected, on the basis of the offer for the previously procured module, to submit a competitive offer for the additional module.

(C) OtherAward of the contract under any other procedure authorized by law.

(5) Notice requirement(A) PublicationNot less than 30 days before issuing a solicitation for offers for a contract for a module for a system under procedures authorized under subparagraph (A) or (B) of paragraph (4), the PBO shall publish in the Commerce Business Daily a notice of the intent to use such procedures to enter into the contract.

(B) ExceptionPublication of a notice is not required under this paragraph with respect to a use of procedures authorized under paragraph (4) if the contractor referred to in that subparagraph (who is to be solicited to submit an offer) has previously provided a module for the system under a contract that contained cost, schedule, and performance goals and the contractor met those goals.

(C) Content of noticeA notice published under subparagraph (A) with respect to a use of procedures described in paragraph (4) shall contain the information required under section 1708(c) of title 41, other than paragraph (4) of such section, and shall invite the submission of any assertion that the use of the procedures for the procurement involved is not in the best interest of the Federal Government together with information supporting the assertion.

(6) DocumentationThe basis for an award of a contract under this subsection shall be documented. However, a justification pursuant to section 3304(e) of title 41 or section 637(h) of title 15 is not required.

(7) Simplified source-selection proceduresThe PBO may award a contract under any other simplified procedures prescribed by the PBO for the selection of sources for the procurement of modules for a system, after the first module, that are not to be procured under a contract awarded on a single-source basis.

(h) Use of simplified procedures for small business set-asides for services other than commercial services(1) AuthorityThe PBO may use special simplified procedures for a procurement of services that are not commercial services if—(A) the procurement is in an amount not greater than $1,000,000;

(B) the procurement is conducted as a small business set-aside pursuant to section 644(a) of title 15; and

(C) the price charged for supplies associated with the services procured are items of supply expected to be less than 20 percent of the total contract price.

(2) Inapplicability to certain procurementsThe authority set forth in paragraph (1) may not be used for—(A) an award of a contract on a single-source basis; or

(B) a contract for construction.

(i) Guidance for use of authority(1) Issuance by PBOThe Chief Operating Officer of the PBO, in consultation with the Administrator for Federal Procurement Policy, shall issue guidance for the use by PBO personnel of the authority provided in this section.

(2) Guidance from OFPPAs part of the consultation required under paragraph (1), the Administrator for Federal Procurement Policy shall provide the PBO with guidance that is designed to ensure, to the maximum extent practicable, that the authority under this section is exercised by the PBO in a manner that is consistent with the exercise of the authority by the heads of the other performance-based organizations.

(3) Compliance with OFPP guidanceThe head of the PBO shall ensure that the procurements of the PBO under this section are carried out in a manner that is consistent with the guidance provided for the PBO under paragraph (2).

(j) Limitation on multiagency contractingNo department or agency of the Federal Government may purchase property or services under contracts entered into or administered by a PBO under this section unless the purchase is approved in advance by the senior procurement official of that department or agency who is responsible for purchasing by the department or agency.

(k) Laws not affectedNothing in this section shall be construed to waive laws for the enforcement of civil rights or for the establishment and enforcement of labor standards that are applicable to contracts of the Federal Government.

(l) DefinitionsIn this section:(1) Commercial productThe term “commercial product” has the meaning given the term in section 103 of title 41.

(2) Commercial serviceThe term “commercial service” has the meaning given the term in section 103a of title 41.

(3) Competitive proceduresThe term “competitive procedures” has the meaning given the term in section 152 of title 41.

(4) Single-source basisThe term “single-source basis”, with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only such source (although such source is not the only source in the marketplace capable of meeting the need) because such source is the most advantageous source for purposes of the award.

(5) Special rules for commercial products and commercial servicesThe term “special rules for commercial products and commercial services” means the regulations set forth in the Federal Acquisition Regulation pursuant to sections 1901 and 3305(a) of title 41.

(6) Special simplified proceduresThe term “special simplified procedures” means the procedures applicable to purchases of property and services for amounts not greater than the simplified acquisition threshold that are set forth in the Federal Acquisition Regulation pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41.

(Pub. L. 89–329, title I, § 142, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1611; amended Pub. L. 110–315, title I, § 118, Aug. 14, 2008, 122 Stat. 3116; Pub. L. 115–232, div. A, title VIII, § 836(g)(2), Aug. 13, 2018, 132 Stat. 1872.)

Editorial Notes
Codification
In subsec. (d)(2)(A), “section 1708 of title 41” substituted for “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (d)(3)(A), “sections 3306(a) to (e) and 3308, chapter 37, and section 4702 of title 41” substituted for “sections 303A and 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a and 253b)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (f)(1)(A), “section 1708 of title 41” substituted for “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (g)(5)(C), “section 1708(c) of title 41” substituted for “section 18(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(b))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (g)(6), “section 3304(e) of title 41” substituted for “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior ProvisionsA prior section 1018a, Pub. L. 89–329, title I, § 142, as added Pub. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1515, related to grants for literacy corps programs, prior to the general amendment of this subchapter by Pub. L. 102–325.

Amendments2018—Subsec. (e). Pub. L. 115–232, § 836(g)(2)(A), in heading, substituted “commercial products and commercial services” for “commercial items” and, in text, substituted “that commercial products or commercial services will be offered for a procurement, the PBO may use (consistent with the special rules for commercial products and commercial services) the special simplified procedures for the procurement without regard to” for “that commercial items will be offered for a procurement, the PBO may use (consistent with the special rules for commercial items) the special simplified procedures for the procurement without regard to—”, struck out par. (1) designation, substituted period for “; and”, and struck out par. (2). Prior to amendment, par. (2) read as follows: “the expiration of the authority to use special simplified procedures under section 4202(e) of the Clinger-Cohen Act of 1996 (110 Stat. 654; 10 U.S.C. 2304 note).”
Subsec. (f). Pub. L. 115–232, § 836(g)(2)(B)(i), substituted “products and services” for “items” in heading.
Subsec. (f)(2). Pub. L. 115–232, § 836(g)(2)(B)(ii), (iii), substituted “products and services” for “items” in heading and “a commercial product or a commercial service” for “a commercial item” in text.
Subsec. (h). Pub. L. 115–232, § 836(g)(2)(C)(i), substituted “services” for “items” in heading.
Subsec. (h)(1). Pub. L. 115–232, § 836(g)(2)(C)(ii), substituted “commercial services” for “commercial items” in introductory provisions.
Subsec. (l)(1), (2). Pub. L. 115–232, § 836(g)(2)(D)(ii), added pars. (1) and (2) and struck out former par. (1) which defined “commercial item”. Former par. (2) redesignated (3).
Subsec. (l)(3). Pub. L. 115–232, § 836(g)(2)(D)(i), (iii), redesignated par. (2) as (3) and substituted “in section 152 of title 41.” for “in section 309(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(b)).” Former par. (3) redesignated (4).
Subsec. (l)(4). Pub. L. 115–232, § 836(g)(2)(D)(i), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (l)(5). Pub. L. 115–232, § 836(g)(2)(D)(i), (iv), redesignated par. (4) as (5) and substituted, in heading, “commercial products and commercial services” for “commercial items” and, in text, “commercial products and commercial services” for “commercial items” and “pursuant to sections 1901 and 3305(a) of title 41.” for “pursuant to section 303(g)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)) and section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427).” Former par. (5) redesignated (6).
Subsec. (l)(6). Pub. L. 115–232, § 836(g)(2)(D)(i), (v), redesignated par. (5) as (6) and substituted “pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41.” for “pursuant to section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)) and section 31(a)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(1)).”
2008—Subsec. (b)(1). Pub. L. 110–315, § 118(1)(A), struck out “for information systems supporting the programs authorized under subchapter IV” after “enter into contracts” and “and” after semicolon.
Subsec. (b)(2), (3). Pub. L. 110–315, § 118(1)(B), (C), substituted “; and” for period at end of par. (2) and added par. (3).
Subsec. (c)(2). Pub. L. 110–315, § 118(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Chief Operating Officer shall, when appropriate and consistent with the purposes of the PBO, acquire services related to the subchapter IV delivery system from any entity that has the capability and capacity to meet the requirements for the system. The Chief Operating Officer is authorized to pay fees that are equivalent to those paid by other entities to an organization that provides an information system or service that meets the requirements of the PBO, as determined by the Chief Operating Officer.”
Subsec. (d)(2)(B). Pub. L. 110–315, § 118(3), struck out “on Federal Government contracts” after “performance of the offeror”.
Subsec. (g)(4)(A). Pub. L. 110–315, § 118(4)(A), substituted “Single-source basis” for “Sole source” in heading and “single-source” for “sole-source” in text.
Subsec. (g)(7). Pub. L. 110–315, § 118(4)(B), substituted “single-source” for “sole-source”.
Subsec. (h)(2)(A). Pub. L. 110–315, § 118(5), substituted “single-source” for “sole-source”.
Subsec. (l)(3). Pub. L. 110–315, § 118(6), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The term ‘sole-source basis’, with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only that source.”

Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

§ 1018b. Administrative simplification of student aid delivery(a) In generalIn order to improve the efficiency and effectiveness of the student aid delivery system, the Secretary and the Chief Operating Officer shall encourage and participate in the establishment of voluntary consensus standards and requirements for the electronic transmission of information necessary for the administration of programs under subchapter IV.

(b) Participation in standard setting organizations(1) The Chief Operating Officer shall participate in the activities of standard setting organizations in carrying out the provisions of this section.

(2) The Chief Operating Officer shall encourage higher education groups seeking to develop common forms, standards, and procedures in support of the delivery of Federal student financial assistance to conduct these activities within a standard setting organization.

(3) The Chief Operating Officer may pay necessary dues and fees associated with participating in standard setting organizations pursuant to this subsection.

(c) Adoption of voluntary consensus standardsExcept with respect to the common financial reporting form under section 1090(a) of this title, the Secretary shall consider adopting voluntary consensus standards agreed to by the organization described in subsection (b) for transactions required under subchapter IV, and common data elements for such transactions, to enable information to be exchanged electronically between systems administered by the Department and among participants in the Federal student aid delivery system.

(d) Use of clearinghousesNothing in this section shall restrict the ability of participating institutions and lenders from using a clearinghouse or servicer to comply with the standards for the exchange of information established under this section.

(e) Data securityAny entity that maintains or transmits information under a transaction covered by this section shall maintain reasonable and appropriate administrative, technical, and physical safeguards—(1) to ensure the integrity and confidentiality of the information; and

(2) to protect against any reasonably anticipated security threats, or unauthorized uses or disclosures of the information.

(f) Definitions(1) ClearinghouseThe term “clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements into data elements conforming to standards adopted under this section.

(2) Standard setting organizationThe term “standard setting organization” means an organization that—(A) is accredited by the American National Standards Institute;

(B) develops standards for information transactions, data elements, or any other standard that is necessary to, or will facilitate, the implementation of this section; and

(C) is open to the participation of the various entities engaged in the delivery of Federal student financial assistance.

(3) Voluntary consensus standardThe term “voluntary consensus standard” means a standard developed or used by a standard setting organization described in paragraph (2).

(Pub. L. 89–329, title I, § 143, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1615.)

Editorial Notes
Prior ProvisionsPrior sections 1018b to 1018f were omitted in the general amendment of this subchapter by Pub. L. 102–325.
Section 1018b, Pub. L. 89–329, title I, § 143, as added Pub. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1515, related to use of funds.
Section 1018c, Pub. L. 89–329, title I, § 144, as added Pub. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1515; Pub. L. 101–610, title II, § 221(a), (b), Nov. 16, 1990, 104 Stat. 3180, related to applications.
Section 1018d, Pub. L. 89–329, title I, § 145, as added Pub. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1516, related to technical assistance and coordination contracts.
Section 1018e, Pub. L. 89–329, title I, § 146, as added Pub. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1516; Pub. L. 101–305, § 5, May 30, 1990, 104 Stat. 258; Pub. L. 101–610, title II, § 221(c), Nov. 16, 1990, 104 Stat. 3180, related to authorization of appropriations.
Section 1018f, Pub. L. 89–329, title I, § 147, as added Pub. L. 100–418, title VI, § 6201, Aug. 23, 1988, 102 Stat. 1516, defined “public community agency”, “institution of higher education” and “Secretary”.

Part E—Lender and Institution Requirements Relating to Education Loans
§ 1019. Definitions
In this part:(1) AgentThe term “agent” means an officer or employee of a covered institution or an institution-affiliated organization.

(2) Covered institutionThe term “covered institution” means any institution of higher education, as such term is defined in section 1002 of this title, that receives any Federal funding or assistance.

(3) Education loanThe term “education loan” (except when used as part of the term “private education loan”) means—(A) any loan made, insured, or guaranteed under part B of subchapter IV;

(B) any loan made under part D of subchapter IV; or

(C) a private education loan.

(4) Eligible lenderThe term “eligible lender” has the meaning given such term in section 1085(d) of this title.

(5) Institution-affiliated organizationThe term “institution-affiliated organization”—(A) means any organization that—(i) is directly or indirectly related to a covered institution; and

(ii) is engaged in the practice of recommending, promoting, or endorsing education loans for students attending such covered institution or the families of such students;

(B) may include an alumni organization, athletic organization, foundation, or social, academic, or professional organization, of a covered institution; and

(C) notwithstanding subparagraphs (A) and (B), does not include any lender with respect to any education loan secured, made, or extended by such lender.

(6) LenderThe term “lender” (except when used as part of the terms “eligible lender” and “private educational lender”)—(A) means—(i) in the case of a loan made, insured, or guaranteed under part B of subchapter IV, an eligible lender;

(ii) in the case of any loan issued or provided to a student under part D of subchapter IV, the Secretary; and

(iii) in the case of a private education loan, a private educational lender as defined in section 1650 of title 15; and

(B) includes any other person engaged in the business of securing, making, or extending education loans on behalf of the lender.

(7) OfficerThe term “officer” includes a director or trustee of a covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered institution or institution-affiliated organization, respectively.

(8) Preferred lender arrangementThe term “preferred lender arrangement”—(A) means an arrangement or agreement between a lender and a covered institution or an institution-affiliated organization of such covered institution—(i) under which a lender provides or otherwise issues education loans to the students attending such covered institution or the families of such students; and

(ii) that relates to such covered institution or such institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender; and

(B) does not include—(i) arrangements or agreements with respect to loans under part D of subchapter IV; or

(ii) arrangements or agreements with respect to loans that originate through the auction pilot program under section 1099d(b) of this title.

(9) Private education loanThe term “private education loan” has the meaning given the term in section 1650 of title 15.

(Pub. L. 89–329, title I, § 151, as added Pub. L. 110–315, title I, § 120, Aug. 14, 2008, 122 Stat. 3117.)

Editorial Notes
Prior ProvisionsA prior section 1019, Pub. L. 89–329, title I, § 119, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1383, authorized appropriations for education outreach programs, prior to the general amendment of this subchapter by Pub. L. 99–498.

§ 1019a. Responsibilities of covered institutions, institution-affiliated organizations, and lenders(a) Responsibilities of covered institutions and institution-affiliated organizations(1) Disclosures by covered institutions and institution-affiliated organizations(A) Preferred lender arrangement disclosuresIn addition to the disclosures required by subsections (a)(27) and (h) of section 1094 of this title (if applicable), a covered institution, or an institution-affiliated organization of such covered institution, that participates in a preferred lender arrangement shall disclose—(i) on such covered institution’s or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss education loans—(I) the maximum amount of Federal grant and loan aid under subchapter IV available to students, in an easy to understand format;

(II) the information required to be disclosed pursuant to section 1019b(a)(2)(A)(i) of this title, for each type of loan described in section 1019(3)(A) of this title that is offered pursuant to a preferred lender arrangement of the institution or organization to students of the institution or the families of such students; and

(III) a statement that such institution is required to process the documents required to obtain a loan under part B of subchapter IV from any eligible lender the student selects; and

(ii) on such covered institution’s or institution-affiliated organization’s website and in all informational materials described in subparagraph (C) that describe or discuss private education loans—(I) in the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(11) of title 15, for each type of private education loan offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and

(II) in the case of an institution-affiliated organization of a covered institution, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15, for each type of private education loan offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students.

(B) Private education loan disclosuresA covered institution, or an institution-affiliated organization of such covered institution, that provides information regarding a private education loan from a lender to a prospective borrower shall—(i) provide the prospective borrower with the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15 for such loan;

(ii) inform the prospective borrower that—(I) the prospective borrower may qualify for loans or other assistance under subchapter IV; and

(II) the terms and conditions of loans made, insured, or guaranteed under subchapter IV may be more favorable than the provisions of private education loans; and

(iii) ensure that information regarding private education loans is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under subchapter IV.

(C) Informational materialsThe informational materials described in this subparagraph are publications, mailings, or electronic messages or materials that—(i) are distributed to prospective or current students of a covered institution and families of such students; and

(ii) describe or discuss the financial aid opportunities available to students at an institution of higher education.

(2) Use of institution nameA covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall not agree to the lender’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols readily identified with such institution or organization, in the marketing of private education loans to students attending such institution in any way that implies that the loan is offered or made by such institution or organization instead of the lender.

(3) Use of lender nameA covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans shall ensure that the name of the lender is displayed in all information and documentation related to such loans.

(b) Lender responsibilities(1) Disclosures by lenders(A) Disclosures to borrowers(i) Federal education loansFor each education loan that is made, insured, or guaranteed under part B or D of subchapter IV (other than a loan made under section 1078–3 of this title or a Federal Direct Consolidation Loan), at or prior to the time the lender disburses such loan, the lender shall provide the prospective borrower or borrower, in writing (including through electronic means), with the disclosures described in subsections (a) and (c) of section 1083 of this title.

(ii) Private education loansFor each of a lender’s private education loans, the lender shall comply with the disclosure requirements under section 1638(e) of title 15.

(B) Disclosures to the Secretary(i) In generalEach lender of a loan made, insured, or guaranteed under part B of subchapter IV shall, on an annual basis, report to the Secretary—(I) any reasonable expenses paid or provided under section 1085(d)(5)(D) of this title or paragraph (3)(B) or (7) of section 1094(e) of this title to any agent of a covered institution who—(aa) is employed in the financial aid office of a covered institution; or

(bb) otherwise has responsibilities with respect to education loans or other financial aid of the institution; and

(II) any similar expenses paid or provided to any agent of an institution-affiliated organization who is involved in the practice of recommending, promoting, or endorsing education loans.

(ii) Contents of reportsEach report described in clause (i) shall include—(I) the amount for each specific instance in which the lender provided such expenses;

(II) the name of any agent described in clause (i) to whom the expenses were paid or provided;

(III) the dates of the activity for which the expenses were paid or provided; and

(IV) a brief description of the activity for which the expenses were paid or provided.

(iii) Report to CongressThe Secretary shall summarize the information received from the lenders under this subparagraph in a report and transmit such report annually to the authorizing committees.

(2) Certification by lendersNot later than 18 months after August 14, 2008—(A) in addition to any other disclosure required under Federal law, each lender of a loan made, insured, or guaranteed under part B of subchapter IV that participates in one or more preferred lender arrangements shall annually certify the lender’s compliance with the requirements of this chapter; and

(B) if an audit of a lender is required pursuant to section 1078(b)(1)(U)(iii) of this title, the lender’s compliance with the requirements under this section shall be reported on and attested to annually by the auditor of such lender.

(Pub. L. 89–329, title I, § 152, as added Pub. L. 110–315, title I, § 120, Aug. 14, 2008, 122 Stat. 3119.)

§ 1019b. Loan information to be disclosed and model disclosure form for covered institutions, institution-affiliated organizations, and lenders participating in preferred lender arrangements(a) Duties of the Secretary(1) Determination of minimum disclosures(A) In generalNot later than 18 months after August 14, 2008, the Secretary, in coordination with the Board of Governors of the Federal Reserve System, shall determine the minimum information that lenders, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding education loans described in section 1019(3)(A) of this title that are offered to students and the families of such students.

(B) Consultation and content of minimum disclosuresIn carrying out subparagraph (A), the Secretary shall—(i) consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, lenders, loan servicers, and guaranty agencies;

(ii) include, in the minimum information under subparagraph (A) that is required to be made available, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15, modified as necessary to apply to such loans; and

(iii) consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide to prospective borrowers and the families of such borrowers the following information for each type of education loan offered pursuant to such preferred lender arrangement:(I) The interest rate and terms and conditions of the loan for the next award year, including loan forgiveness and deferment.

(II) Information on any charges, such as origination and Federal default fees, that are payable on the loan, and whether those charges will be—(aa) collected by the lender at or prior to the disbursal of the loan, including whether the charges will be deducted from the proceeds of the loan or paid separately by the borrower; or

(bb) paid in whole or in part by the lender.

(III) The annual and aggregate maximum amounts that may be borrowed.

(IV) The average amount borrowed from the lender by students who graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable, and who obtained loans of such type from the lender for the preceding year.

(V) The amount the borrower may pay in interest, based on a standard repayment plan and the average amount borrowed from the lender by students who graduated from such institution in the preceding year and who obtained loans of such type from the lender for the preceding year, for—(aa) borrowers of loans made under section 1078 of this title;

(bb) borrowers of loans made under section 1078–2 or 1078–8 of this title, who pay the interest while in school; and

(cc) borrowers of loans made under section 1078–2 or 1078–8 of this title, who do not pay the interest while in school.

(VI) The consequences for the borrower of defaulting on a loan, including limitations on the discharge of an education loan in bankruptcy.

(VII) Contact information for the lender.

(VIII) Other information suggested by the persons and entities with whom the Secretary has consulted under clause (i).

(2) Required disclosuresAfter making the determinations under paragraph (1), the Secretary, in coordination with the Board of Governors of the Federal Reserve System and after consultation with the public, shall—(A)(i) provide that the information determined under paragraph (1) shall be disclosed by covered institutions, and institution-affiliated organizations of such covered institutions, with preferred lender arrangements to prospective borrowers and the families of such borrowers regarding the education loans described in section 1019(3)(A) of this title that are offered pursuant to such preferred lender arrangements; and

(ii) make clear that such covered institutions and institution-affiliated organizations may provide the required information on a form designed by the institution or organization instead of the model disclosure form described in subparagraph (B);

(B) develop a model disclosure form that may be used by covered institutions, institution-affiliated organizations, and preferred lenders that includes all of the information required under subparagraph (A)(i) in a format that—(i) is easily usable by students, families, institutions, institution-affiliated organizations, lenders, loan servicers, and guaranty agencies; and

(ii) is similar in format to the form developed by the Board of Governors of the Federal Reserve System under paragraphs (1) and (5)(A) of section 1638(e) 11 See References in Text note below. of title 15, in order to permit students and the families of students to easily compare private education loans and education loans described in section 1019(3)(A) of this title; and

(C) update such model disclosure form periodically, as necessary.

(b) Duties of lendersEach lender that has a preferred lender arrangement with a covered institution, or an institution-affiliated organization of such covered institution, with respect to education loans described in section 1019(3)(A) of this title shall annually, by a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for each type of education loan described in section 1019(3)(A) of this title that the lender plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year.

(c) Duties of covered institutions and institution-affiliated organizations(1) Providing information to students and families(A) In generalEach covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement shall provide the following information to students attending such institution, or the families of such students, as applicable:(i) The information the Secretary requires pursuant to subsection (a)(2)(A)(i), for each type of education loan described in section 1019(3)(A) of this title offered pursuant to a preferred lender arrangement to students of such institution or the families of such students.

(ii)(I) In the case of a covered institution, the information that the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(11) of title 15 to the covered institution, for each type of private education loan offered pursuant to such preferred lender arrangement to students of such institution or the families of such students.

(II) In the case of an institution-affiliated organization, the information the Board of Governors of the Federal Reserve System requires to be disclosed under section 1638(e)(1) of title 15, for each type of private education loan offered pursuant to such preferred lender arrangement to students of the institution with which such organization is affiliated or the families of such students.

(B) Timely provision of informationThe information described in subparagraph (A) shall be provided in a manner that allows for the students or the families to take such information into account before selecting a lender or applying for an education loan.

(2) Annual reportEach covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall—(A) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has a preferred lender arrangement with such covered institution or organization—(i) the information described in clauses (i) and (ii) of paragraph (1)(A); and

(ii) a detailed explanation of why such covered institution or institution-affiliated organization entered into a preferred lender arrangement with the lender, including why the terms, conditions, and provisions of each type of education loan provided pursuant to the preferred lender arrangement are beneficial for students attending such institution, or the families of such students, as applicable; and

(B) ensure that the report required under subparagraph (A) is made available to the public and provided to students attending or planning to attend such covered institution and the families of such students.

(3) Code of conduct(A) In generalEach covered institution, and each institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall comply with the code of conduct requirements of subparagraphs (A) through (C) of section 1094(a)(25) of this title.

(B) Applicable code of conductFor purposes of subparagraph (A), an institution-affiliated organization of a covered institution shall—(i) comply with the code of conduct developed and published by such covered institution under subparagraphs (A) and (B) of section 1094(a)(25) of this title;

(ii) if such institution-affiliated organization has a website, publish such code of conduct prominently on the website; and

(iii) administer and enforce such code of conduct by, at a minimum, requiring that all of such organization’s agents with responsibilities with respect to education loans be annually informed of the provisions of such code of conduct.

(Pub. L. 89–329, title I, § 153, as added Pub. L. 110–315, title I, § 120, Aug. 14, 2008, 122 Stat. 3122; amended Pub. L. 111–39, title I, § 101(b)(6), July 1, 2009, 123 Stat. 1935.)

Editorial Notes

References in TextSection 1638(e) of title 15, referred to in subsec. (a)(2)(B)(ii), was in the original “section 128(e)”, and was translated as meaning section 128(e) of Pub. L. 90–321, which is classified to section 1638(e) of title 15, to reflect the probable intent of Congress.

Amendments2009—Subsec. (a)(1)(B)(iii)(V). Pub. L. 111–39 substituted “borrowers of loans made under” for “borrowers who take out loans under” wherever appearing.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§ 1019c. Loan information to be disclosed and model disclosure form for institutions participating in the William D. Ford Federal Direct Loan Program(a) Provision of disclosures to institutions by the SecretaryNot later than 180 days after the development of the model disclosure form under section 1019b(a)(2)(B) of this title, the Secretary shall provide each institution of higher education participating in the William D. Ford Direct Loan Program under part D of subchapter IV with a completed model disclosure form including the same information for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS loans made to, or on behalf of, students attending each such institution as is required on such form for loans described in section 1019(3)(A) of this title.

(b) Duties of institutions(1) In generalEach institution of higher education participating in the William D. Ford Direct Loan Program under part D of subchapter IV shall—(A) make the information the Secretary provides to the institution under subsection (a) available to students attending or planning to attend the institution, or the families of such students, as applicable; and

(B) if the institution provides information regarding a private education loan to a prospective borrower, concurrently provide such borrower with the information the Secretary provides to the institution under subsection (a).

(2) Choice of formsIn providing the information required under paragraph (1), an institution of higher education may use a comparable form designed by the institution instead of the model disclosure form developed under section 1019b(a)(2)(B) of this title.

(Pub. L. 89–329, title I, § 154, as added Pub. L. 110–315, title I, § 120, Aug. 14, 2008, 122 Stat. 3125.)

§ 1019d. Self-certification form for private education loans(a) In generalThe Secretary, in consultation with the Board of Governors of the Federal Reserve System, shall develop the self-certification form for private education loans that shall be used to satisfy the requirements of section 1638(e)(3) of title 15. Such form shall—(1) be developed in a standardized format;

(2) be made available to the applicant by the relevant institution of higher education, in written or electronic form, upon request of the applicant;

(3) contain only disclosures that—(A) the applicant may qualify for Federal student financial assistance through a program under subchapter IV of this chapter, or State or institutional student financial assistance, in place of, or in addition to, a private education loan;

(B) the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial assistance with financial aid officials at the applicant’s institution of higher education;

(C) a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student financial assistance; and

(D) the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education;

(4) include a place to provide information on—(A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under part F of subchapter IV;

(B) the applicant’s estimated financial assistance, including amounts of financial assistance used to replace the expected family contribution, as determined by the institution, in accordance with subchapter IV, for students who have completed the Free Application for Federal Student Aid; and

(C) the difference between the amounts under subparagraphs (A) and (B), as applicable; and

(5) include a place for the applicant’s signature, in written or electronic form.

(b) Limit on liabilityNothing in this section shall be construed to create a private right of action against an institution of higher education with respect to the form developed under subsection (a).

(Pub. L. 89–329, title I, § 155, as added Pub. L. 110–315, title X, § 1021(b), Aug. 14, 2008, 122 Stat. 3487; amended Pub. L. 111–39, title I, § 101(b)(7), July 1, 2009, 123 Stat. 1935; Pub. L. 116–260, div. FF, title VII, § 704(1), Dec. 27, 2020, 134 Stat. 3199.)

Amendment of Subsection (a)(4)(B)Pub. L. 116–260, div. FF, title VII, §§ 701(b), 704(1), Dec. 27, 2020, 134 Stat. 3137, 3199, provided that, effective July 1, 2023, except as otherwise expressly provided, and applicable with respect to award year 2023–2024 and each subsequent award year, as determined under this chapter, this section is amended by striking “the expected family contribution” each place the term appears and inserting “the student aid index”. See 2020 Amendment note below.

Editorial Notes
Amendments2020—Subsec. (a)(4)(B). Pub. L. 116–260 substituted “the student aid index” for “the expected family contribution”.
2009—Subsec. (a)(4). Pub. L. 111–39 added par. (4) and struck out former par. (4) which read as follows: “include a place to provide information on—
“(A) the applicant’s cost of attendance at the institution of higher education, as determined by the institution under Part F of subchapter IV;
“(B) the applicant’s expected family contribution, as determined under Part F of subchapter IV, as applicable, for students who have completed the free application for Federal student aid;
“(C) the applicant’s estimated financial assistance, as determined by the institution, in accordance with subchapter IV, as applicable;
“(D) the difference between the amounts under subparagraphs (A) and (C), as applicable; and
“(E) the sum of the amounts under subparagraphs (B) and (D), as applicable; and”.

Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentAmendment by Pub. L. 116–260 effective July 1, 2023, except as otherwise expressly provided, and applicable with respect to award year 2023–2024 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title.

Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

SUBCHAPTER II—TEACHER QUALITY ENHANCEMENT

Editorial Notes
Codification
Pub. L. 107–110, title X, § 1051(1), Jan. 8, 2002, 115 Stat. 2080, added heading and struck out former heading which read as follows: “TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND PARTNERSHIPS”.

Prior ProvisionsA prior title II of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89–329, title II, Nov. 8, 1965, 79 Stat. 1224, and amended by Pub. L. 89–752, Nov. 3, 1966, 80 Stat. 1240; 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. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 96–49; Aug. 13, 1979, 93 Stat. 351. Title II was extensively revised by Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1383, and was set out in this subchapter as having been added by Pub. L. 96–374, and amended, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.

§ 1021. Definitions
In this subchapter:(1) Arts and sciencesThe term “arts and sciences” means—(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and

(B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit.

(2) Children from low-income familiesThe term “children from low-income families” means children described in section 6333(c)(1)(A) of this title.

(3) Core academic subjectsThe term “core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.

(4) Early childhood educatorThe term “early childhood educator” means an individual with primary responsibility for the education of children in an early childhood education program.

(5) Educational service agencyThe term “educational service agency” has the meaning given the term in section 7801 of this title.

(6) Eligible partnershipExcept as otherwise provided in section 1034 of this title, the term “eligible partnership” means an entity that—(A) shall include—(i) a high-need local educational agency;

(ii)(I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or

(II) as applicable, a high-need early childhood education program;

(iii) a partner institution;

(iv) a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this subchapter; and

(v) a school or department of arts and sciences within such partner institution; and

(B) may include any of the following:(i) The Governor of the State.

(ii) The State educational agency.

(iii) The State board of education.

(iv) The State agency for higher education.

(v) A business.

(vi) A public or private nonprofit educational organization.

(vii) An educational service agency.

(viii) A teacher organization.

(ix) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.

(x) A charter school (as defined in section 7221i of this title).

(xi) A school or department within the partner institution that focuses on psychology and human development.

(xii) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.

(xiii) An entity operating a program that provides alternative routes to State certification of teachers.

(7) Essential components of reading instructionThe term “essential components of reading instruction” has the meaning given the term in section 6368 of this title as such section was in effect on the day before December 10, 2015.

(8) Exemplary teacherThe term “exemplary teacher” has the meaning given the term in section 7801 of this title as such section was in effect on the day before December 10, 2015.

(9) High-need early childhood education programThe term “high-need early childhood education program” means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency.

(10) High-need local educational agencyThe term “high-need local educational agency” means a local educational agency—(A)(i) for which not less than 20 percent of the children served by the agency are children from low-income families;

(ii) that serves not fewer than 10,000 children from low-income families;

(iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 7345(b) of this title; or

(iv) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 7351(b) of this title; and

(B)(i) for which there is a high percentage of teachers not teaching in the academic subject areas or grade levels in which the teachers were trained to teach; or

(ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure.

(11) High-need school(A) In generalThe term “high-need school” means a school that, based on the most recent data available, meets one or both of the following:(i) The school is in the highest quartile of schools in a ranking of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty:(I) The percentage of students aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary.

(II) The percentage of students eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.].

(III) The percentage of students in families receiving assistance under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.].

(IV) The percentage of students eligible to receive medical assistance under the Medicaid program.

(V) A composite of two or more of the measures described in subclauses (I) through (IV).

(ii) In the case of—(I) an elementary school, the school serves students not less than 60 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; or

(II) any other school that is not an elementary school, the other school serves students not less than 45 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act.

(B) Special rule(i) Designation by the SecretaryThe Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this subchapter, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this subchapter. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership.

(ii) Application requirementsAn application for designation of a school under clause (i) shall include—(I) the number and percentage of students attending such school who are—(aa) aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary;

(bb) eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act;

(cc) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or

(dd) eligible to receive medical assistance under the Medicaid program;

(II) information about the student academic achievement of students at such school; and

(III) for a secondary school, the graduation rate for such school.

(12) Highly competentThe term “highly competent”, when used with respect to an early childhood educator, means an educator—(A) with specialized education and training in development and education of young children from birth until entry into kindergarten;

(B) with—(i) a baccalaureate degree in an academic major in the arts and sciences; or

(ii) an associate’s degree in a related educational area; and

(C) who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education.

(13) Repealed. Pub. L. 114–95, title IX, § 9214(c)(1)(A), Dec. 10, 2015, 129 Stat. 2161

(14) Induction programThe term “induction program” means a formalized program for new teachers during not less than the teachers’ first two years of teaching that is designed to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills and shall include the following components:(A) High-quality teacher mentoring.

(B) Periodic, structured time for collaboration with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate instructional staff, and participating faculty in the partner institution.

(C) The application of empirically-based practice and scientifically valid research on instructional practices.

(D) Opportunities for new teachers to draw directly on the expertise of teacher mentors, faculty, and researchers to support the integration of empirically-based practice and scientifically valid research with practice.

(E) The development of skills in instructional and behavioral interventions derived from empirically-based practice and, where applicable, scientifically valid research.

(F) Faculty who—(i) model the integration of research and practice in the classroom; and

(ii) assist new teachers with the effective use and integration of technology in the classroom.

(G) Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers with respect to the learning process and the assessment of learning.

(H) Assistance with the understanding of data, particularly student achievement data, and the applicability of such data in classroom instruction.

(I) Regular and structured observation and evaluation of new teachers by multiple evaluators, using valid and reliable measures of teaching skills.

(15) Limited English proficientThe term “limited English proficient” has the meaning given the term “English learner” in section 7801 of this title.

(16) ParentThe term “parent” has the meaning given the term in section 7801 of this title.

(17) Partner institutionThe term “partner institution” means an institution of higher education, which may include a two-year institution of higher education offering a dual program with a four-year institution of higher education, participating in an eligible partnership that has a teacher preparation program—(A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through—(i) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or

(ii) being ranked among the highest-performing teacher preparation programs in the State as determined by the State—(I) using criteria consistent with the requirements for the State report card under section 1022d(b) of this title before the first publication of such report card; and

(II) using the State report card on teacher preparation required under section 1022d(b) of this title, after the first publication of such report card and for every year thereafter; and

(B) that requires—(i) each student in the program to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience;

(ii) each student in the program preparing to become a teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title; and

(iii) each student in the program preparing to become an early childhood educator to meet degree requirements, as established by the State, and become highly competent.

(18) Principles of scientific researchThe term “principles of scientific research” means principles of research that—(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;

(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and

(C) include, appropriate to the research being conducted—(i) use of systematic, empirical methods that draw on observation or experiment;

(ii) use of data analyses that are adequate to support the general findings;

(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;

(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;

(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;

(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and

(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.

(19) Professional developmentThe term “professional development” has the meaning given the term in section 7801 of this title.

(20) Scientifically valid researchThe term “scientifically valid research” includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.

(21) Teacher mentoringThe term “teacher mentoring” means the mentoring of new or prospective teachers through a program that—(A) includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness;

(B) provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports);

(C) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;

(D) provides paid release time for mentors, as applicable;

(E) provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;

(F) promotes empirically-based practice of, and scientifically valid research on, where applicable—(i) teaching and learning;

(ii) assessment of student learning;

(iii) the development of teaching skills through the use of instructional and behavioral interventions; and

(iv) the improvement of the mentees’ capacity to measurably advance student learning; and

(G) includes—(i) common planning time or regularly scheduled collaboration for the mentor and mentee; and

(ii) joint professional development opportunities.

(22) Teaching residency programThe term “teaching residency program” means a school-based teacher preparation program in which a prospective teacher—(A) for one academic year, teaches alongside a mentor teacher, who is the teacher of record;

(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed;

(C) acquires effective teaching skills; and

(D) prior to completion of the program—(i) attains full State certification or licensure and, with respect to special education teachers, meets the qualifications described in section 1412(a)(14)(C) of this title; and

(ii) acquires a master’s degree not later than 18 months after beginning the program.

(23) Teaching skillsThe term “teaching skills” means skills that enable a teacher to—(A) increase student learning, achievement, and the ability to apply knowledge;

(B) effectively convey and explain academic subject matter;

(C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills;

(D) employ strategies grounded in the disciplines of teaching and learning that—(i) are based on empirically-based practice and scientifically valid research, where applicable, related to teaching and learning;

(ii) are specific to academic subject matter; and

(iii) focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs;

(E) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation);

(F) effectively manage a classroom, including the ability to implement positive behavioral interventions and support strategies;

(G) communicate and work with parents, and involve parents in their children’s education; and

(H) use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs.

(Pub. L. 89–329, title II, § 200 as added Pub. L. 110–315, title II, § 201(1), Aug. 14, 2008, 122 Stat. 3126; amended Pub. L. 111–39, title II, § 201(1), July 1, 2009, 123 Stat. 1936; Pub. L. 114–95, title IX, §§ 9214(c)(1), 9215(oo)(2), Dec. 10, 2015, 129 Stat. 2161, 2178.)

Editorial Notes

References in TextSection 6368 of this title as such section was in effect on the day before December 10, 2015, referred to in par. (7), means section 6368 of this title prior to being omitted in the general amendment of part B of subchapter I of chapter 70 of this title by Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1879.
Section 7801 of this title as such section was in effect on the day before December 10, 2015, referred to in par. (8), means section 7801 of this title prior to amendment by Pub. L. 114–95, title VIII, §§ 8001(a)(1), (b)(2), (3), 8002, Dec. 10, 2015, 129 Stat. 2088, 2089.
The Richard B. Russell National School Lunch Act, referred to in par. (11)(A)(i)(II), (ii), (B)(ii)(I)(bb), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 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 1751 of Title 42 and Tables.
The Social Security Act, referred to in par. (11)(A)(i)(III), (B)(ii)(I)(cc), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior ProvisionsA prior section 1021, Pub. L. 89–329, title II, § 201, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1623; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to purposes and definitions, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1021, Pub. L. 89–329, title II, § 201, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1383; amended Pub. L. 99–498, title II, § 201(b), (c), Oct. 17, 1986, 100 Stat. 1287; Pub. L. 100–418, title VI, § 6241, Aug. 23, 1988, 102 Stat. 1520; Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 467, related to congressional statement of purpose and authorization of appropriations, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1021, Pub. L. 89–329, title II, § 201, as added Pub. L. 92–318, title I, § 111(b)(1), June 23, 1972, 86 Stat. 238; amended Pub. L. 94–482, title I, § 106, Oct. 12, 1976, 90 Stat. 2089; Pub. L. 96–49, § 3(a), Aug. 13, 1979, 93 Stat. 351, provided for college library programs, prior to the general amendment of this subchapter by Pub. L. 96–374.
Another prior section 1021, Pub. L. 89–329, title II, § 201, Nov. 8, 1965, 79 Stat. 1224; Pub. L. 90–575, title II, § 211, Oct. 16, 1968, 82 Stat. 1036; Pub. L. 92–318, title I, § 111(a)(1), June 23, 1972, 86 Stat. 238, authorized appropriations of $50,000,000 for each fiscal year ending June 30, 1966, 1967, and 1968, and $25,000,000; $75,000,000; $90,000,000; and $18,000,000 for fiscal years ending June 30, 1969, 1970, 1971, and 1972, for library resources grants, prior to repeal by Pub. L. 92–318, title I, § 111(b)(1), June 23, 1972, 86 Stat. 238.

Amendments2015—Par. (3). Pub. L. 114–95, § 9215(oo)(2)(A), substituted “The term ‘core academic subjects’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography” for “The term ‘core academic subjects’ has the meaning given the term in section 7801 of this title”.
Par. (5). Pub. L. 114–95, § 9215(oo)(2)(B), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.
Par. (6)(B)(x). Pub. L. 114–95, § 9215(oo)(2)(C), made technical amendment to reference in original act which appears in text as reference to section 7221i of this title.
Par. (7). Pub. L. 114–95, § 9215(oo)(2)(D), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “The term ‘essential components of reading instruction’ has the meaning given the term in section 6368 of this title.”
Par. (8). Pub. L. 114–95, § 9215(oo)(2)(E), added par. (8) and struck out former par. (8). Prior to amendment, text read as follows: “The term ‘exemplary teacher’ has the meaning given the term in section 7801 of this title.”
Par. (10)(A)(iii). Pub. L. 114–95, § 9215(oo)(2)(F)(i), made technical amendment to reference in original act which appears in text as reference to section 7345(b) of this title.
Par. (10)(A)(iv). Pub. L. 114–95, § 9215(oo)(2)(F)(ii), made technical amendment to reference in original act which appears in text as reference to section 7351(b) of this title.
Par. (13). Pub. L. 114–95, § 9214(c)(1)(A), struck out par. (13). Text read as follows: “The term ‘highly qualified’ has the meaning given such term in section 7801 of this title and, with respect to special education teachers, in section 1401 of this title.”
Par. (15). Pub. L. 114–95, § 9215(oo)(2)(G), substituted “The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 7801 of this title.” for “The term ‘limited English proficient’ has the meaning given the term in section 7801 of this title.”
Par. (16). Pub. L. 114–95, § 9215(oo)(2)(H), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.
Par. (17)(B)(ii). Pub. L. 114–95, § 9214(c)(1)(B), substituted “who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title” for “to become highly qualified”.
Par. (19). Pub. L. 114–95, § 9215(oo)(2)(I), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.
Par. (22)(D)(i). Pub. L. 114–95, § 9214(c)(1)(C), substituted “, with respect to special education teachers, meets the qualifications described in section 1412(a)(14)(C) of this title” for “becomes highly qualified”.
2009—Par. (22)(D). Pub. L. 111–39 added subpar. (D) and struck out former subpar (D) which read as follows: “prior to completion of the program, earns a master’s degree, attains full State teacher certification or licensure, and becomes highly qualified.”

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Part A—Teacher Quality Partnership Grants

Editorial Notes
Prior ProvisionsA prior part A, consisted of sections 1021 to 1030, related to teacher quality enhancement grants for States and partnerships, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.

§ 1022. Purposes
The purposes of this part are to—(1) improve student achievement;

(2) improve the quality of prospective and new teachers by improving the preparation of prospective teachers and enhancing professional development activities for new teachers;

(3) hold teacher preparation programs at institutions of higher education accountable for preparing teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title; and

(4) recruit highly qualified individuals, including minorities and individuals from other occupations, into the teaching force.

(Pub. L. 89–329, title II, § 201, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133; amended Pub. L. 114–95, title IX, § 9214(c)(2), Dec. 10, 2015, 129 Stat. 2161.)

Editorial Notes
Prior ProvisionsA prior section 1022, Pub. L. 89–329, title II, § 202, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1624; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to award of State grants, prior to repeal by Pub. L. 110–315, title II, Sec. 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1022, Pub. L. 89–329, title II, § 202, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1384; amended Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 468, required each institution of higher education receiving grants under this subchapter to annually notify designated State agency of its activities under this subchapter, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1022, Pub. L. 89–329, title II, § 202, Nov. 8, 1965, 79 Stat. 1224; Pub. L. 89–752, § 9, Nov. 3, 1966, 80 Stat. 1243; Pub. L. 90–575, title II, § 214(a), Oct. 16, 1968, 82 Stat. 1037; Pub. L. 92–318, title I, §§ 111(b)(2)(A), 112(a), (b)(1), June 23, 1972, 86 Stat. 238, 240, related to the basic grants for the college library resources program, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 201 of Pub. L. 89–329 was classified to section 1021 of this title, prior to repeal by Pub. L. 104–208.
Another prior section 201 of Pub. L. 89–329 was classified to section 1021 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.
Another prior section 201 of Pub. L. 89–329 was classified to section 1021 of this title, prior to repeal by Pub. L. 92–318.

Amendments2015—Par. (3). Pub. L. 114–95 substituted “teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title” for “highly qualified teachers”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§ 1022a. Partnership grants(a) Program authorizedFrom amounts made available under section 1022h of this title, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c).

(b) ApplicationEach eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain—(1) a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention of general education and special education teachers, principals, and, as applicable, early childhood educators;

(2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with strong teaching skills;

(3) a description of how such program will prepare prospective and new teachers to understand and use research and data to modify and improve classroom instruction;

(4) a description of—(A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including programs funded under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and through the National Science Foundation; and

(B) how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher quality and student academic achievement;

(5) an assessment that describes the resources available to the eligible partnership, including—(A) the integration of funds from other related sources;

(B) the intended use of the grant funds; and

(C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty participation, and time commitments, and to the continuation of the activities when the grant ends;

(6) a description of—(A) how the eligible partnership will meet the purposes of this part;

(B) how the partnership will carry out the activities required under subsection (d) or (e), based on the needs identified in paragraph (1), with the goal of improving student academic achievement;

(C) if the partnership chooses to use funds under this section for a project or activities under subsection (f) or (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement;

(D) the partnership’s evaluation plan under section 1022c(a) of this title;

(E) how the partnership will align the teacher preparation program under subsection (c) with the—(i) State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; and

(ii) challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311(b)(1)], established by the State in which the partnership is located;

(F) how the partnership will prepare general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act [20 U.S.C. 1414(d)(1)(B)];

(G) how the partnership will prepare general education and special education teachers to teach students who are limited English proficient;

(H) how faculty at the partner institution will work, during the term of the grant, with teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)], in the classrooms of high-need schools served by the high-need local educational agency in the partnership to—(i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and

(ii) train other classroom teachers to implement literacy programs that incorporate the essential components of reading instruction;

(I) how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical program component;

(J) how the partnership will support in-service professional development strategies and activities; and

(K) how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and

(7) with respect to the induction program required as part of the activities carried out under this section—(A) a demonstration that the schools and departments within the institution of higher education that are part of the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate;

(B) a demonstration of the eligible partnership’s capability and commitment to, and the accessibility to and involvement of faculty in, the use of empirically-based practice and scientifically valid research on teaching and learning;

(C) a description of how the teacher preparation program will design and implement an induction program to support, through not less than the first two years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers; and

(D) a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation.

(c) Use of grant fundsAn eligible partnership that receives a grant under this section—(1) shall use grant funds to carry out a program for the preparation of teachers under subsection (d), a teaching residency program under subsection (e), or a combination of such programs; and

(2) may use grant funds to carry out a leadership development program under subsection (f).

(d) Partnership grants for the preparation of teachersAn eligible partnership that receives a grant to carry out a program for the preparation of teachers shall carry out an effective pre-baccalaureate teacher preparation program or a 5th year initial licensing program that includes all of the following:(1) Reforms(A) In generalImplementing reforms, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for—(i) preparing—(I) new or prospective teachers to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)] (including teachers in rural school districts, special educators, and teachers of students who are limited English proficient);

(II) such teachers and, as applicable, early childhood educators, to understand empirically-based practice and scientifically valid research related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of universal design for learning, and through positive behavioral interventions and support strategies to improve student achievement; and

(III) as applicable, early childhood educators to be highly competent; and

(ii) promoting strong teaching skills and, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development.

(B) Required reformsThe reforms described in subparagraph (A) shall include—(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;

(ii) using empirically-based practice and scientifically valid research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators—(I) understand and can implement research-based teaching practices in classroom instruction;

(II) have knowledge of student learning methods;

(III) possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve classroom instruction;

(IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to—(aa) meet the specific learning needs of all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, students with low literacy levels and, as applicable, children in early childhood education programs; and

(bb) differentiate instruction for such students;

(V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act [20 U.S.C. 1414(d)(1)(B)]; and

(VI) can successfully employ effective strategies for reading instruction using the essential components of reading instruction;

(iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that prospective teachers receive training in both teaching and relevant content areas in order to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)], which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities;

(iv) developing and implementing an induction program;

(v) developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and

(vi) implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully.

(2) Clinical experience and interactionDeveloping and improving a sustained and high-quality preservice clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following:(A) Incorporate year-long opportunities for enrichment, including—(i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and

(ii) closely supervised interaction between prospective teachers and faculty, experienced teachers, principals, other administrators, and school leaders at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction.

(B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas.

(C) Provide high-quality teacher mentoring.

(D) Be offered over the course of a program of teacher preparation.

(E) Be tightly aligned with course work (and may be developed as a fifth year of a teacher preparation program).

(F) Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that local educational agency.

(G) As applicable, provide training and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities.

(H) Provide support and training for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for individuals who serve as mentors for such teachers, based on each individual’s experience. Such support may include—(i) with respect to a prospective teacher or a mentor, release time for such individual’s participation;

(ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and

(iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance pay, based on the mentor’s extra skills and responsibilities.

(3) Induction programs for new teachersCreating an induction program for new teachers or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators.

(4) Support and training for participants in early childhood education programsIn the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education.

(5) Teacher recruitmentDeveloping and implementing effective mechanisms (which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to become teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)] through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching profession—(A) individuals from under 11 So in original. Probably should be followed by a hyphen. represented populations;

(B) individuals to teach in rural communities and teacher shortage areas, including mathematics, science, special education, and the instruction of limited English proficient students; and

(C) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.

(6) Literacy trainingStrengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers—(A) to implement literacy programs that incorporate the essential components of reading instruction;

(B) to use screening, diagnostic, formative, and summative assessments to determine students’ literacy levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing skills;

(C) to provide individualized, intensive, and targeted literacy instruction for students with deficiencies in literacy skills; and

(D) to integrate literacy skills in the classroom across subject areas.

(e) Partnership grants for the establishment of teaching residency programs(1) In generalAn eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities:(A) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership.

(B) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school.

(C) Ensuring that teaching residents who participate in the teaching residency program receive—(i) effective preservice preparation as described in paragraph (2);

(ii) teacher mentoring;

(iii) support required through the induction program as the teaching residents enter the classroom as new teachers; and

(iv) the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2).

(2) Teaching residency programs(A) Establishment and designA teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs:(i) The integration of pedagogy, classroom practice, and teacher mentoring.

(ii) Engagement of teaching residents in rigorous graduate-level course work leading to a master’s degree while undertaking a guided teaching apprenticeship.

(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher—(I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework;

(II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and

(III) who may be relieved from teaching duties as a result of such additional responsibilities.

(iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on, but not limited to, observations of the following:(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning.

(II) Appropriate instruction that engages students with different learning styles.

(III) Collaboration with colleagues to improve instruction.

(IV) Analysis of gains in student learning, based on multiple measures that are valid and reliable and that, when feasible, may include valid, reliable, and objective measures of the influence of teachers on the rate of student academic progress.

(V) In the case of mentor candidates who will be mentoring new or prospective literacy and mathematics coaches or instructors, appropriate skills in the essential components of reading instruction, teacher training in literacy instructional strategies across core subject areas, and teacher training in mathematics instructional strategies, as appropriate.

(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.

(vi) The development of admissions goals and priorities—(I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency, in exchange for a commitment by such agency to hire qualified graduates from the teaching residency program; and

(II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession.

(vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first two years of teaching.

(B) Selection of individuals as teacher residents(i) Eligible individualIn order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall—(I) be a recent graduate of a four-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and

(II) submit an application to the teaching residency program.

(ii) Selection criteriaAn eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:(I) Strong content knowledge or record of accomplishment in the field or subject area to be taught.

(II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests.

(III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.

(C) Stipends or salaries; applications; agreements; repayments(i) Stipends or salariesA teaching residency program under this subsection shall provide a one-year living stipend or salary to teaching residents during the teaching residency program.

(ii) Applications for stipends or salariesEach teacher residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require.

(iii) Agreements to serveEach application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will—(I) serve as a full-time teacher for a total of not less than three academic years immediately after successfully completing the teaching residency program;

(II) fulfill the requirement under subclause (I) by teaching in a high-need school served by the high-need local educational agency in the eligible partnership and teach a subject or area that is designated as high need by the partnership;

(III) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service;

(IV) meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)], when the applicant begins to fulfill the service obligation under this clause; and

(V) comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service obligation required by this clause.

(iv) Repayments(I) In generalA grantee carrying out a teaching residency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by clause (iii) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary.

(II) Other terms and conditionsAny other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching resident’s service obligation required by clause (iii), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances.

(III) Use of repaymentsAn eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this subsection.

(f) Partnership grants for the development of leadership programs(1) In generalAn eligible partnership that receives a grant under this section may carry out an effective school leadership program, which may be carried out in partnership with a local educational agency located in a rural area and that shall include all of the following activities:(A) Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as superintendents, principals, early childhood education program directors, or other school leaders (including individuals preparing to work in local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader).

(B) Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively—(i) create and maintain a data-driven, professional learning community within the leader’s school;

(ii) provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effective instructional leadership skills;

(iii) understand the teaching and assessment skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning;

(iv) manage resources and school time to improve student academic achievement and ensure the school environment is safe;

(v) engage and involve parents, community members, the local educational agency, businesses, and other community leaders, to leverage additional resources to improve student academic achievement; and

(vi) understand how students learn and develop in order to increase academic achievement for all students.

(C) Ensuring that individuals who participate in the school leadership program receive—(i) effective preservice preparation as described in subparagraph (D);

(ii) mentoring; and

(iii) if applicable, full State certification or licensure to become a school leader.

(D) Developing and improving a sustained and high-quality preservice clinical education program to further develop the leadership skills of all prospective school leaders involved in the program. Such clinical education program shall do the following:(i) Incorporate year-long opportunities for enrichment, including—(I) clinical learning in high-need schools served by the high-need local educational agency or a local educational agency located in a rural area in the eligible partnership and identified by the eligible partnership; and

(II) closely supervised interaction between prospective school leaders and faculty, new and experienced teachers, and new and experienced school leaders, in such high-need schools.

(ii) Integrate pedagogy and practice and promote effective leadership skills, meeting the unique needs of urban, rural, or geographically isolated communities, as applicable.

(iii) Provide for mentoring of new school leaders.

(E) Creating an induction program for new school leaders.

(F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders through the activities of the eligible partnership, which may include an emphasis on recruiting into school leadership professions—(i) individuals from underrepresented populations;

(ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader shortage areas; and

(iii) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction.

(2) Selection of individuals for the leadership programIn order to be eligible for the school leadership program under this subsection, an individual shall be enrolled in or preparing to enroll in an institution of higher education, and shall—(A) be a—(i) recent graduate of an institution of higher education;

(ii) mid-career professional from outside the field of education with strong content knowledge or a record of professional accomplishment;

(iii) current teacher who is interested in becoming a school leader; or

(iv) school leader who is interested in becoming a superintendent; and

(B) submit an application to the leadership program.

(g) Partnership with digital education content developerAn eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in subsection (d) or (e), or both, to partner with a television public broadcast station, as defined in section 397(6) of title 47, or another entity that develops digital educational content, for the purpose of improving the quality of pre-baccalaureate teacher preparation programs or to enhance the quality of preservice training for prospective teachers.

(h) Evaluation and reportingThe Secretary shall—(1) evaluate the programs assisted under this section; and

(2) make publicly available a report detailing the Secretary’s evaluation of each such program.

(i) Consultation(1) In generalMembers of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section.

(2) Regular communicationTo ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section.

(3) Written consentThe Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent to such changes signed by all members of the eligible partnership.

(j) ConstructionNothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education.

(k) Supplement, not supplantFunds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section.

(Pub. L. 89–329, title II, § 202, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133; amended Pub. L. 111–39, title II, § 201(2), July 1, 2009, 123 Stat. 1936; Pub. L. 114–95, title IX, §§ 9214(c)(3), 9215(oo)(3), Dec. 10, 2015, 129 Stat. 2161, 2179.)

Editorial Notes

References in TextThe Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(4)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.
The Individuals with Disabilities Education Act, referred to in subsec. (b)(4)(A), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Prior ProvisionsPrior section 202 of Pub. L. 89–329 was classified to section 1022 of this title, prior to repeal by Pub. L. 110–315.
A prior section 202 of Pub. L. 89–329 was classified to section 1022 of this title, prior to repeal by Pub. L. 104–208.
Another prior section 202 of Pub. L. 89–329 was classified to section 1022 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2015—Subsec. (b)(6)(E)(ii). Pub. L. 114–95, § 9215(oo)(3), substituted “challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,” for “student academic achievement standards and academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,”.
Subsec. (b)(6)(H). Pub. L. 114–95, § 9214(c)(3)(A), substituted “teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,” for “highly qualified teachers” in introductory provisions.
Subsec. (d)(1)(A)(i)(I). Pub. L. 114–95, § 9214(c)(3)(B)(i)(I), substituted “meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (including teachers in rural school districts, special educators, and teachers of students who are limited English proficient)” for “be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are limited English proficient who may teach multiple subjects)”.
Subsec. (d)(1)(B)(iii). Pub. L. 114–95, § 9214(c)(3)(B)(i)(II), substituted “meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities” for “become highly qualified, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities as described in section 602(10)(D) of the Individuals with Disabilities Education Act”.
Subsec. (d)(5). Pub. L. 114–95, § 9214(c)(3)(B)(ii), substituted “become teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act” for “become highly qualified teachers” in introductory provisions.
Subsec. (e)(2)(C)(iii)(IV). Pub. L. 114–95, § 9214(c)(3)(C), added subcl. (IV) and struck out former subcl. (IV) which read as follows: “meet the requirements to be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or section 602 of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and”.
2009—Subsec. (b)(6)(E)(ii). Pub. L. 111–39, § 201(2)(A), substituted “section 1111(b)(1)” for “section 1111(b)(2)”.
Subsec. (c)(1). Pub. L. 111–39, § 201(2)(B), struck out “pre-baccalaureate” before “preparation”.
Subsec. (d). Pub. L. 111–39, § 201(2)(C), substituted “the preparation” for “pre-baccalaureate preparation” in heading, added introductory provisions, and struck out former introductory provisions which read as follows: “An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the following:”.
Subsec. (e)(2). Pub. L. 111–39, § 201(2)(D), in subpar. (A)(ii), substituted “leading to” for “to earn” and, in subpar. (C), struck out “one-year” before “teaching residency program” in cls. (i) and (iii)(I).
Subsec. (i)(3). Pub. L. 111–39, § 201(2)(E), substituted “consent to” for “consent of”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§ 1022b. Administrative provisions(a) Duration; number of awards; payments(1) DurationA grant awarded under this part shall be awarded for a period of five years.

(2) Number of awardsAn eligible partnership may not receive more than one grant during a five-year period. Nothing in this subchapter shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this subchapter from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the five-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired.

(b) Peer review(1) PanelThe Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.

(2) PriorityThe Secretary, in funding applications under this part, shall give priority—(A) to eligible partnerships that include an institution of higher education whose teacher preparation program has a rigorous selection process to ensure the highest quality of students entering such program; and

(B)(i) to applications from broad-based eligible partnerships that involve businesses and community organizations; or

(ii) to eligible partnerships so that the awards promote an equitable geographic distribution of grants among rural and urban areas.

(3) Secretarial selectionThe Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.

(c) Matching requirements(1) In generalEach eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.

(2) WaiverThe Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.

(d) Limitation on administrative expensesAn eligible partnership that receives a grant under this part may use not more than two percent of the funds provided to administer the grant.

(Pub. L. 89–329, title II, § 203, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3145.)

Editorial Notes
Prior ProvisionsA prior section 203 of Pub. L. 89–329 was classified to section 1023 of this title, prior to repeal by Pub. L. 110–315.
Another prior section 203 of Pub. L. 89–329 was classified to section 1023 of this title, prior to repeal by Pub. L. 104–208.
Another prior section 203 of Pub. L. 89–329 was classified to section 1023 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

§ 1022c. Accountability and evaluation(a) Eligible partnership evaluationEach eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for increasing—(1) achievement for all prospective and new teachers, as measured by the eligible partnership;

(2) teacher retention in the first three years of a teacher’s career;

(3) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and

(4)(A) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, hired by the high-need local educational agency participating in the eligible partnership;

(B) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, hired by the high-need local educational agency who are members of underrepresented groups;

(C) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, hired by the high-need local educational agency who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages);

(D) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, hired by the high-need local educational agency who teach in high-need areas (including special education, language instruction educational programs for limited English proficient students, and early childhood education);

(E) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, hired by the high-need local educational agency who teach in high-need schools, disaggregated by the elementary school and secondary school levels;

(F) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent; and

(G) as applicable, the percentage of teachers trained—(i) to integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and

(ii) to use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student academic achievement.

(b) InformationAn eligible partnership receiving a grant under this part shall ensure that teachers, principals, school superintendents, faculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this part.

(c) Revised applicationIf the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of a grant under this part, then the Secretary—(1) shall cancel the grant; and

(2) may use any funds returned or available because of such cancellation under paragraph (1) to—(A) increase other grant awards under this part; or

(B) award new grants to other eligible partnerships under this part.

(d) Evaluation and disseminationThe Secretary shall evaluate the activities funded under this part and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate—(1) successful practices developed by eligible partnerships under this part; and

(2) information regarding such practices that were found to be ineffective.

(Pub. L. 89–329, title II, § 204, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3146; amended Pub. L. 114–95, title IX, § 9214(c)(4), Dec. 10, 2015, 129 Stat. 2162.)

Editorial Notes
Prior ProvisionsA prior section 204 of Pub. L. 89–329 was classified to section 1024 of this title, prior to repeal by Pub. L. 110–315.
Another prior section 204 of Pub. L. 89–329 was classified to section 1024 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2015—Subsec. (a)(4)(A) to (E). Pub. L. 114–95 substituted “teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title,” for “highly qualified teachers”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§ 1022d. Accountability for programs that prepare teachers(a) Institutional and program report cards on the quality of teacher preparation(1) Report cardEach institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this chapter shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following:(A) Goals and assurances(i) For the most recent year for which the information is available for the institution—(I) whether the goals set under section 1022e of this title have been met; and

(II) a description of the activities the institution implemented to achieve such goals.

(ii) A description of the steps the institution is taking to improve its performance in meeting the annual goals set under section 1022e of this title.

(iii) A description of the activities the institution has implemented to meet the assurances provided under section 1022e of this title.

(B) Pass rates and scaled scoresFor the most recent year for which the information is available for those students who took the assessments used for teacher certification or licensure by the State in which the program is located and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken such assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the two-year period preceding such year, for each of such assessments—(i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;

(ii) the percentage of all students who passed such assessment;

(iii) the percentage of students who have taken such assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to State certification or licensure program, as applicable;

(iv) the average scaled score for all students who took such assessment;

(v) a comparison of the program’s pass rates with the average pass rates for programs in the State; and

(vi) a comparison of the program’s average scaled scores with the average scaled scores for programs in the State.

(C) Program informationA description of—(i) the criteria for admission into the program;

(ii) the number of students in the program (disaggregated by race, ethnicity, and gender);

(iii) the average number of hours of supervised clinical experience required for those in the program;

(iv) the number of full-time equivalent faculty and students in the supervised clinical experience; and

(v) the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.

(D) StatementIn States that require approval or accreditation of teacher preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom.

(E) Designation as low-performingWhether the program has been designated as low-performing by the State under section 1022f(a) of this title.

(F) Use of technologyA description of the activities, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement.

(G) Teacher trainingA description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 1414(d)(1)(B) of this title, and to effectively teach students who are limited English proficient.

(2) ReportEach eligible partnership receiving a grant under section 1022a of this title shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 1022c(a) of this title.

(3) FinesThe Secretary may impose a fine not to exceed $27,500 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.

(4) Special ruleIn the case of an institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(B), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a three-year period.

(b) State report card on the quality of teacher preparation(1) In generalEach State that receives funds under this chapter shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:(A) A description of the reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.

(B) The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State.

(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the challenging State academic standards required under section 6311(b)(1) of this title and, as applicable, State early learning standards for early childhood education programs.

(D) For each of the assessments used by the State for teacher certification or licensure—(i) for each institution of higher education located in the State and each entity located in the State, including those that offer an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;

(ii) the percentage of all such students at all such institutions and entities who have taken the assessment who pass such assessment;

(iii) the percentage of students who have taken the assessment who enrolled in and completed a teacher preparation program; and

(iv) the average scaled score of individuals participating in such a program, or who have completed such a program during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.

(E) A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure—(i) the percentage of individuals participating in such routes, or who have completed such routes during the two-year period preceding the date for which the determination is made, who passed each such assessment; and

(ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the two-year period preceding the first year for which the annual State report card is provided, who took each such assessment.

(F) A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.

(G) For each teacher preparation program in the State—(i) the criteria for admission into the program;

(ii) the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student);

(iii) the average number of hours of supervised clinical experience required for those in the program; and

(iv) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.

(H) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by—(i) area of certification or licensure;

(ii) academic major; and

(iii) subject area for which the teacher has been prepared to teach.

(I) A description of the extent to which teacher preparation programs are addressing shortages of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, by area of certification or licensure, subject, and specialty, in the State’s public schools.

(J) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 1414(d)(1)(B) of this title.

(K) A description of the activities that prepare teachers to—(i) integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning; and

(ii) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of increasing student academic achievement.

(L) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to effectively teach students who are limited English proficient.

(2) Prohibition against creating a national listThe Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection.

(c) Data qualityThe Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section.

(d) Report of the Secretary on the quality of teacher preparation(1) Report cardThe Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (L) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part.

(2) Report to CongressThe Secretary shall prepare and submit a report to the authorizing committees that contains the following:(A) A comparison of States’ efforts to improve the quality of the current and future teaching force.

(B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching force.

(C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher certification or licensure.

(3) Special ruleIn the case of a teacher preparation program with fewer than ten scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a three-year period.

(e) CoordinationThe Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.

(Pub. L. 89–329, title II, § 205, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3147; amended Pub. L. 114–95, title IX, §§ 9214(c)(5), 9215(oo)(4), Dec. 10, 2015, 129 Stat. 2163, 2179.)

Editorial Notes
Prior ProvisionsA prior section 205 of Pub. L. 89–329 was classified to section 1025 of this title, prior to repeal by Pub. L. 110–315.
Another prior section 205 of Pub. L. 89–329 was classified to section 1025 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2015—Subsec. (b)(1)(C). Pub. L. 114–95, § 9215(oo)(4), substituted “are aligned with the challenging State academic standards required under section 6311(b)(1) of this title” for “are aligned with the State’s challenging academic content standards required under section 6311(b)(1) of this title”.
Subsec. (b)(1)(I). Pub. L. 114–95, § 9214(c)(5), substituted “teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title” for “highly qualified teachers”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§ 1022e. Teacher development(a) Annual goalsEach institution of higher education that conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this chapter, shall set annual quantifiable goals for increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of limited English proficient students.

(b) AssurancesEach institution described in subsection (a) shall provide assurances to the Secretary that—(1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends;

(2) training provided to prospective teachers is closely linked with the needs of schools and the instructional decisions new teachers face in the classroom;

(3) prospective special education teachers receive course work in core academic subjects and receive training in providing instruction in core academic subjects;

(4) general education teachers receive training in providing instruction to diverse populations, including children with disabilities, limited English proficient students, and children from low-income families; and

(5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable.

(c) Rule of constructionNothing in this section shall be construed to require an institution to create a new teacher preparation area of concentration or degree program or adopt a specific curriculum in complying with this section.

(Pub. L. 89–329, title II, § 206, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3152.)

Editorial Notes
Prior ProvisionsA prior section 206 of Pub. L. 89–329 was classified to section 1026 of this title, prior to repeal by Pub. L. 110–315.
Another prior section 206 of Pub. L. 89–329 was classified to section 1026 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

§ 1022f. State functions(a) State assessmentIn order to receive funds under this chapter, a State shall conduct an assessment to identify low-performing teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 1022d(b) of this title. Levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part, including progress in meeting the goals of—(1) increasing the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, in the State, including increasing professional development opportunities;

(2) improving student academic achievement for elementary and secondary students; and

(3) raising the standards for entry into the teaching profession.

(b) Termination of eligibilityAny teacher preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)—(1) shall be ineligible for any funding for professional development activities awarded by the Department;

(2) may not be permitted to accept or enroll any student who receives aid under subchapter IV in the institution’s teacher preparation program;

(3) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval; and

(4) shall be reinstated upon demonstration of improved performance, as determined by the State.

(c) Negotiated rulemakingIf the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.

(d) Application of the requirementsThe requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.

(Pub. L. 89–329, title II, § 207, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3152; amended Pub. L. 114–95, title IX, § 9214(c)(6), Dec. 10, 2015, 129 Stat. 2163.)

Editorial Notes
Prior ProvisionsA prior section 207 of Pub. L. 89–329 was classified to section 1027 of this title, prior to repeal by Pub. L. 110–315.
Another prior section 207 of Pub. L. 89–329 was classified to section 1027 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2015—Subsec. (a)(1). Pub. L. 114–95 substituted “teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title,” for “highly qualified teachers”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§ 1022g. General provisions(a) MethodsIn complying with sections 1022d and 1022e of this title, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information.

(b) Special ruleFor each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the State meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, in accordance with the State plan submitted or revised under section 6311 of this title, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school meets the qualifications described in section 1412(a)(14)(C) of this title, the Secretary shall—(1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and

(2) notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores.

(c) Release of information to teacher preparation programs(1) In generalFor the purpose of improving teacher preparation programs, a State that receives funds under this chapter, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher preparation program, upon the request of the teacher preparation program, any and all pertinent education-related information that—(A) may enable the teacher preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and

(B) is possessed, controlled, or accessible by the State.

(2) Content of informationThe information described in paragraph (1)—(A) shall include an identification of specific individuals who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and

(B) may include—(i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; and

(ii) teacher effectiveness evaluations for teachers who graduated from the teacher preparation program.

(Pub. L. 89–329, title II, § 208, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3153; amended Pub. L. 114–95, title IX, § 9214(c)(7), Dec. 10, 2015, 129 Stat. 2163.)

Editorial Notes
Prior ProvisionsA prior section 208 of Pub. L. 89–329 was classified to section 1028 of this title, prior to repeal by Pub. L. 110–315.
Another prior section 208 of Pub. L. 89–329 was classified to section 1028 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments2015—Subsec. (b). Pub. L. 114–95, in introductory provisions, substituted “meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification,” for “are highly qualified, as required under section 6319 of this title,” and “meets the qualifications described in section 1412(a)(14)(C) of this title” for “is highly qualified by the deadline, as required under section 1412(a)(14)(C) of this title”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§ 1022h. Authorization of appropriations
There are authorized to be appropriated to carry out this part $300,000,000 for fiscal year 2009 and such sums as may be necessary for each of the two succeeding fiscal years.
(Pub. L. 89–329, title II, § 209, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3154.)

Editorial Notes
Prior ProvisionsA prior section 209 of Pub. L. 89–329 was classified to section 1029 of this title, prior to repeal by Pub. L. 110–315.
A prior section 1023, Pub. L. 89–329, title II, § 203, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1625; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to partnership grants, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1023, Pub. L. 89–329, title II, § 203, as added Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 468, required Secretary to ensure that programs under this subchapter were administered by appropriate library experts, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1023, Pub. L. 89–329, title II, § 203, Nov. 8, 1965, 79 Stat. 1225; Pub. L. 90–575, title II, § 212(a), Oct. 16, 1968, 82 Stat. 1036; Pub. L. 92–318, title I, §§ 111(b)(2)(B), 112(b)(2), 113(a), June 23, 1972, 86 Stat. 239, 240, provided for supplemental grants in the college library resources program, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1024, Pub. L. 89–329, title II, § 204, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1627; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to teacher recruitment grants, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1024, Pub. L. 89–329, title II, § 204, Nov. 8, 1965, 79 Stat. 1226; Pub. L. 90–575, title II, §§ 212(b), (c), 213(a), Oct. 16, 1968, 82 Stat. 1036; Pub. L. 92–318, title I, § 111(b)(2)(C), June 23, 1972, 86 Stat. 239, provided for special purpose grants in the college library resources program, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1025, Pub. L. 89–329, title II, § 205, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1628; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to administrative provisions, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1025, Pub. L. 89–329, title II, § 205, Nov. 8, 1965, 79 Stat. 1226; Pub. L. 91–230, title IV, § 401(h)(4), Apr. 13, 1970, 84 Stat. 174, created the Advisory Council on College Library Resources, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1026, Pub. L. 89–329, title II, § 206, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1630; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to accountability and evaluation, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1026, Pub. L. 89–329, title II, § 206, Nov. 8, 1965, 79 Stat. 1226, related to the accreditation of educational institutions, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1027, Pub. L. 89–329, title II, § 207, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1632; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to accountability for programs that prepare teachers, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1027, Pub. L. 89–329, title II, § 207, Nov. 8, 1965, 79 Stat. 1227; Pub. L. 92–318, title I, § 131(d)(2)(B), June 23, 1972, 86 Stat. 260, prohibited grants for library resources to be used for sectarian instruction or religious worship, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1028, Pub. L. 89–329, title II, § 208, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1634; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to State functions, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1028, Pub. L. 89–329, title II, § 208, Nov. 8, 1965, 79 Stat. 1227, required that institutions inform State agencies of their activities under the college library resources program, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1029, Pub. L. 89–329, title II, § 209, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1635; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to general provisions, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1029, Pub. L. 89–329, title II, § 211, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1384; amended Pub. L. 99–498, title II, § 202, Oct. 17, 1986, 100 Stat. 1287; Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 468, related to college library technology and cooperation grants, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
A prior section 1030, Pub. L. 89–329, title II, § 210, as added Pub. L. 105–244, title II, § 201, Oct. 7, 1998, 112 Stat. 1635; amended Pub. L. 107–110, title X, § 1051(2), Jan. 8, 2002, 115 Stat. 2080, related to authorization of appropriations, prior to repeal by Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133.
Another prior section 1030, Pub. L. 89–329, title II, § 213, as added Pub. L. 99–498, title II, § 203, Oct. 17, 1986, 100 Stat. 1289, which defined “full-time equivalent students”, was omitted in the general amendment of this subchapter by Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 467.

Part B—Enhancing Teacher Education

Editorial Notes
Prior ProvisionsA prior part B, consisting of sections 1041 to 1044, related to preparing tomorrow’s teachers to use technology, prior to repeal by Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3154.

§ 1031. Authorization of appropriations
There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
(Pub. L. 89–329, title II, § 230, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3154.)

Editorial Notes
Prior ProvisionsA prior section 1031, Pub. L. 89–329, title II, § 221, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1385; amended Pub. L. 99–498, title II, § 204(b)(1), Oct. 17, 1986, 100 Stat. 1289; Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 469, authorized grants in accordance with former sections 1032 and 1033 of this title, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1031, Pub. L. 89–329, title II, § 221, as added Pub. L. 92–318, title I, § 111(b)(3)(A), June 23, 1972, 86 Stat. 239, contained the grant authority for training and research programs, prior to the general amendment of this subchapter by Pub. L. 96–374.
Another prior section 1031, Pub. L. 89–329, title II, § 221, Nov. 8, 1965, 79 Stat. 1227; Pub. L. 90–575, title II, § 215, Oct. 16, 1968, 82 Stat. 1037; Pub. L. 92–318, title I, § 111(a)(2), June 23, 1972, 86 Stat. 238, authorized appropriations of $15,000,000 for each fiscal year ending June 30, 1966, 1967, and 1968, and $11,800,000; $28,000,000; $38,000,000; and $12,000,000 for fiscal years ending June 30, 1969, 1970, 1971, and 1972, prior to repeal by Pub. L. 92–318, title I, § 111(b)(3)(A), June 23, 1972, 86 Stat. 239.

subpart 1—preparing teachers for digital age learners
§ 1032. Program authorized(a) Program authorityThe Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to—(1) assist in the graduation of teacher candidates who are prepared to use modern information, communication, and learning tools to—(A) improve student learning, assessment, and learning management; and

(B) help students develop learning skills to succeed in higher education and to enter the workforce;

(2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology-rich teaching and learning environments throughout a teacher candidate’s preservice education, including clinical experiences; and

(3) assess the effectiveness of departments, schools, and colleges of education at institutions of higher education in preparing teacher candidates for successful implementation of technology-rich teaching and learning environments, including environments consistent with the principles of universal design for learning, that enable kindergarten through grade 12 students to develop learning skills to succeed in higher education and to enter the workforce.

(b) Amount and durationA grant, contract, or cooperative agreement under this subpart—(1) shall be for not more than $2,000,000;

(2) shall be for a three-year period; and

(3) may be renewed for one additional year.

(c) Non-Federal share requirementThe Federal share of the cost of any project funded under this subpart shall not exceed 75 percent. The non-Federal share of the cost of such project may be provided in cash or in kind, fairly evaluated, including services.

(d) Definition of eligible consortiumIn this subpart, the term “eligible consortium” means a consortium of members that includes the following:(1) Not less than one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching.

(2) Not less than one State educational agency or local educational agency.

(3) A department, school, or college of education at an institution of higher education.

(4) A department, school, or college of arts and sciences at an institution of higher education.

(5) Not less than one entity with the capacity to contribute to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity.

(Pub. L. 89–329, title II, § 231, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3154; amended Pub. L. 111–39, title II, § 201(3), July 1, 2009, 123 Stat. 1936.)

Editorial Notes
Prior ProvisionsA prior section 1032, Pub. L. 89–329, title II, § 222, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1385; amended Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 469, related to library education and human resource development, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1032, Pub. L. 89–329, title II, § 222, Nov. 8, 1965, 79 Stat. 1227, defined the term “librarianship”, prior to repeal by Pub. L. 92–318, title I, § 111(b)(3)(A), June 23, 1972, 86 Stat. 239.
A prior section 231 of Pub. L. 89–329 was classified to section 1041 of this title, prior to repeal by Pub. L. 104–208.
Another prior section 231 of Pub. L. 89–329 was classified to section 1041 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.
Another prior section 231 of Pub. L. 89–329 was classified to section 1041 of this title, prior to the general amendment of former part C of this subchapter by Pub. L. 94–482.

Amendments2009—Subsec. (a)(1). Pub. L. 111–39 substituted “assist in the graduation of” for “serve graduate” in introductory provisions.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§ 1032a. Uses of funds(a) In generalAn eligible consortium that receives a grant or enters into a contract or cooperative agreement under this subpart shall use funds made available under this subpart to carry out a project that—(1) develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect preservice preparation of teacher candidates with high-need schools; or

(2) transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.

(b) Uses of funds for partnership grantsIn carrying out a project under subsection (a)(1), an eligible consortium shall—(1) provide teacher candidates, early in their preparation, with field experiences with technology in educational settings;

(2) build the skills of teacher candidates to support technology-rich instruction, assessment and learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for entering the workforce;

(3) provide professional development in the use of technology for teachers, administrators, and content specialists who participate in field placement;

(4) provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences;

(5) implement strategies for the mentoring of teacher candidates by members of the consortium with respect to technology implementation;

(6) evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project;

(7) build collaborative learning communities for technology integration within the consortium to sustain meaningful applications of technology in the classroom during teacher preparation and early career practice; and

(8) evaluate the effectiveness of the project.

(c) Uses of funds for transformation grantsIn carrying out a project under subsection (a)(2), an eligible consortium shall—(1) redesign curriculum to require collaboration between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach content or methods courses for training teacher candidates;

(2) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and science faculty and academic content specialists at the local educational agency to educate preservice teachers who can integrate technology and pedagogical skills in content areas;

(3) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach courses to preservice teachers to—(A) develop and implement a plan for preservice teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in the use of digital tools to transform the teaching and learning process; and

(B) better reach underrepresented preservice teacher populations with programs that connect such preservice teacher populations with applications of technology;

(4) collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student academic achievement in high-need schools;

(5) provide additional technology resources for preservice teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and

(6) bring together expertise from departments, schools, or colleges of education, arts and science faculty, and academic content specialists at the local educational agency to share and disseminate technology applications in the classroom through teacher preparation and into early career practice.

(Pub. L. 89–329, title II, § 232, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3155.)

Editorial Notes
Prior ProvisionsA prior section 232 of Pub. L. 89–329 was classified to section 1042 of this title, prior to repeal by Pub. L. 104–208.
Another prior section 232 of Pub. L. 89–329 was classified to section 1042 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.
Another prior section 232 of Pub. L. 89–329 was classified to section 1042 of this title, prior to the general amendment of former part C of this subchapter by Pub. L. 94–482.

§ 1032b. Application requirements
To be eligible to receive a grant or enter into a contract or cooperative agreement under this subpart, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following:(1) A description of the project to be carried out with the grant, including how the project will—(A) develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects preservice preparation of teacher candidates with high-need schools; or

(B) transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates.

(2) A demonstration of—(A) the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and

(B) the support of the leadership of each organization that is a member of the consortium for the proposed project.

(3) A description of how each member of the consortium will participate in the project.

(4) A description of how the State educational agency or local educational agency will incorporate the project into the agency’s technology plan, if such a plan already exists.

(5) A description of how the project will be continued after Federal funds are no longer available under this subpart for the project.

(6) A description of how the project will incorporate—(A) State teacher technology standards; and

(B) State student technology standards.

(7) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives.

(Pub. L. 89–329, title II, § 233, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3157.)

Editorial Notes
Prior ProvisionsA prior section 233 of Pub. L. 89–329 was classified to section 1043 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

§ 1032c. Evaluation
Not less than ten percent of the funds awarded to an eligible consortium to carry out a project under this subpart shall be used to evaluate the effectiveness of such project.
(Pub. L. 89–329, title II, § 234, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3157.)

Editorial Notes
Prior ProvisionsA prior section 234 of Pub. L. 89–329 was classified to section 1044 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

subpart 2—honorable augustus f. hawkins centers of excellence
§ 1033. Definitions
In this subpart:(1) Eligible institutionThe term “eligible institution” means—(A) an institution of higher education that has a teacher preparation program that is a qualified teacher preparation program and that is—(i) a part B institution (as defined in section 1061 of this title);

(ii) a Hispanic-serving institution (as defined in section 1101a of this title);

(iii) a Tribal College or University (as defined in section 1059c of this title);

(iv) an Alaska Native-serving institution (as defined in section 1059d(b) of this title);

(v) a Native Hawaiian-serving institution (as defined in section 1059d(b) of this title);

(vi) a Predominantly Black Institution (as defined in section 1059e of this title);

(vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 1059g(b) of this title); or

(viii) a Native American-serving, nontribal institution (as defined in section 1059f of this title);

(B) a consortium of institutions described in subparagraph (A); or

(C) an institution described in subparagraph (A), or a consortium described in subparagraph (B), in partnership with any other institution of higher education, but only if the center of excellence established under section 1033a of this title is located at an institution described in subparagraph (A).

(2) Scientifically based reading researchThe term “scientifically based reading research”—(A) means research that applies rigorous, systemic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and

(B) includes research that—(i) employs systemic, empirical methods that draw on observation or experiment;

(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and

(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.

(Pub. L. 89–329, title II, § 241, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3158; amended Pub. L. 114–95, title IX, § 9215(oo)(5), Dec. 10, 2015, 129 Stat. 2179.)

Editorial Notes
Prior ProvisionsA prior section 1033, Pub. L. 89–329, title II, § 223, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1385; amended Pub. L. 99–498, title II, § 205, Oct. 17, 1986, 100 Stat. 1289; Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 470, authorized Secretary to make grants and enter into contracts for research and development projects, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1033, Pub. L. 89–329, title II, § 222, formerly § 223, Nov. 8, 1965, 79 Stat. 1227; Pub. L. 90–575, title II, § 216, Oct. 16, 1968, 82 Stat. 1037, renumbered and amended Pub. L. 92–318, title I, § 111(b)(3)(B)–(D), June 23, 1972, 86 Stat. 239, 240, related to grants for training in librarianship, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 241 of Pub. L. 89–329 was classified to section 1047 of this title, prior to repeal by Pub. L. 104–208.
Another prior section 241 of Pub. L. 89–329 was classified to section 1047 of this title, prior to the general amendment of former part D of this subchapter by Pub. L. 99–498.

Amendments2015—Par. (2). Pub. L. 114–95 added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The term ‘scientifically based reading research’ has the meaning given such term in section 6368 of this title.”

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§ 1033a. Augustus F. Hawkins centers of excellence(a) Program authorizedFrom the amounts appropriated to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence.

(b) Use of fundsGrants provided by the Secretary under this subpart shall be used to ensure that current and future teachers meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, by carrying out one or more of the following activities:(1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, are able to understand scientifically valid research, and are able to use advanced technology effectively in the classroom, including use of instructional techniques to improve student academic achievement, by—(A) retraining or recruiting faculty; and

(B) designing (or redesigning) teacher preparation programs that—(i) prepare teachers to serve in low-performing schools and close student achievement gaps, and that are based on rigorous academic content, scientifically valid research (including scientifically based reading research and mathematics research, as it becomes available), and challenging State academic content standards and student academic achievement standards; and

(ii) promote strong teaching skills.

(2) Providing sustained and high-quality preservice clinical experience, including the mentoring of prospective teachers by exemplary teachers, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction.

(3) Developing and implementing initiatives to promote retention of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, and highly qualified principals, including minority teachers and principals, including programs that provide—(A) teacher or principal mentoring from exemplary teachers or principals, respectively; or

(B) induction and support for teachers and principals during their first three years of employment as teachers or principals, respectively.

(4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher preparation program, not to exceed the cost of attendance.

(5) Disseminating information on effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies.

(6) Activities authorized under section 1022a of this title.

(c) ApplicationAny eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information as the Secretary may require.

(d) Minimum grant amountThe minimum amount of each grant under this subpart shall be $500,000.

(e) Limitation on administrative expensesAn eligible institution that receives a grant under this subpart may use not more than two percent of the funds provided to administer the grant.

(f) RegulationsThe Secretary shall prescribe such regulations as may be necessary to carry out this subpart.

(Pub. L. 89–329, title II, § 242, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3158; amended Pub. L. 114–95, title IX, § 9214(c)(8), Dec. 10, 2015, 129 Stat. 2163.)

Editorial Notes
Prior ProvisionsA prior section 242 of Pub. L. 89–329 was classified to section 1047a of this title, prior to the general amendment of former part D of this subchapter by Pub. L. 99–498.

Amendments2015—Subsec. (b). Pub. L. 114–95, § 9214(c)(8)(A), substituted “meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title,” for “are highly qualified” in introductory provisions.
Subsec. (b)(1). Pub. L. 114–95, § 9214(c)(8)(B), substituted “meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title,” for “are highly qualified,” in introductory provisions.
Subsec. (b)(3). Pub. L. 114–95, § 9214(c)(8)(C), substituted “teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title, and highly qualified principals” for “highly qualified teachers and principals” in introductory provisions.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

subpart 3—preparing general education teachers to more effectively educate students with disabilities
§ 1034. Teach to reach grants(a) Authorization of program(1) In generalThe Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct students with disabilities in general education classrooms.

(2) Duration of grantsA grant under this section shall be awarded for a period of not more than five years.

(3) Non-Federal shareAn eligible partnership that receives a grant under this section shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind.

(b) Definition of eligible partnershipIn this section, the term “eligible partnership” means a partnership that—(1) shall include—(A) one or more departments or programs at an institution of higher education—(i) that prepare elementary or secondary general education teachers;

(ii) that have a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification; and

(iii) the graduates of which meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title;

(B) a department or program of special education at an institution of higher education;

(C) a department or program at an institution of higher education that provides degrees in core academic subjects; and

(D) a high-need local educational agency; and

(2) may include a department or program of mathematics, earth or physical science, foreign language, or another department at the institution that has a role in preparing teachers.

(c) ActivitiesAn eligible partnership that receives a grant under this section—(1) shall use the grant funds to—(A) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by integrating special education strategies into the general education curriculum and academic content;

(B) provide teacher candidates participating in the program under subparagraph (A) with skills related to—(i) response to intervention, positive behavioral interventions and supports, differentiated instruction, and data driven instruction;

(ii) universal design for learning;

(iii) determining and utilizing accommodations for instruction and assessments;

(iv) collaborating with special educators, related services providers, and parents, including participation in individualized education program development and implementation; and

(v) appropriately utilizing technology and assistive technology for students with disabilities; and

(C) provide extensive clinical experience for participants described in subparagraph (B) with mentoring and induction support throughout the program that continues during the first two years of full-time teaching; and

(2) may use grant funds to develop and administer alternate assessments of students with disabilities.

(d) ApplicationAn eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—(1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and needs related to preparing general education teacher candidates to instruct students with disabilities; and

(2) an assessment of the existing personnel needs for general education teachers who instruct students with disabilities, performed by the local educational agency in which most graduates of the teacher preparation program are likely to teach after completion of the program under subsection (c)(1).

(e) Peer reviewThe Secretary shall convene a peer review committee to review applications for grants under this section and to make recommendations to the Secretary regarding the selection of grantees. Members of the peer review committee shall be recognized experts in the fields of special education, teacher preparation, and general education and shall not be in a position to benefit financially from any grants awarded under this section.

(f) Evaluations(1) By the partnership(A) In generalAn eligible partnership receiving a grant under this section shall conduct an evaluation at the end of the grant period to determine—(i) the effectiveness of the general education teachers who completed a program under subsection (c)(1) with respect to instruction of students with disabilities in general education classrooms; and

(ii) the systemic impact of the activities carried out by such grant on how each institution of higher education that is a member of the partnership prepares teachers for instruction in elementary schools and secondary schools.

(B) Report to the SecretaryEach eligible partnership performing an evaluation under subparagraph (A) shall report the findings of such evaluation to the Secretary.

(2) Report by the SecretaryNot later than 180 days after the last day of the grant period under this section, the Secretary shall make available to Congress and the public the findings of the evaluations submitted under paragraph (1), and information on best practices related to effective instruction of students with disabilities in general education classrooms.

(Pub. L. 89–329, title II, § 251, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3159; amended Pub. L. 114–95, title IX, § 9214(c)(9), Dec. 10, 2015, 129 Stat. 2163.)

Editorial Notes
Prior ProvisionsA prior section 1034, Pub. L. 89–329, title II, § 224, as added Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 470, required Secretary to consult with appropriate library and information science professional bodies in determining critical needs and priorities under former sections 1032 and 1033 of this title, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1034, Pub. L. 89–329, title II, § 224, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1385, authorized special purpose grants, prior to repeal by Pub. L. 99–498, title II, § 204(a), Oct. 17, 1986, 100 Stat. 1289.
Another prior section 1034, Pub. L. 89–329, title II, § 223, formerly § 224, Nov. 8, 1965, 79 Stat. 1228, Pub. L. 91–230, title IV, § 401(h)(4), Apr. 13, 1970, 84 Stat. 174, and renumbered Pub. L. 92–318, title I, § 111(b)(3)(D), June 23, 1972, 86 Stat. 240, related to grants for research and demonstration projects, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 251 of Pub. L. 89–329 was classified to section 1047j of this title, prior to the general amendment of former part D of this subchapter by Pub. L. 99–498.

Amendments2015—Subsec. (b)(1)(A)(iii). Pub. L. 114–95 substituted “meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title” for “are highly qualified”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

subpart 4—adjunct teacher corps
§ 1035. Adjunct teacher corps(a) PurposeThe purpose of this section is to create opportunities for professionals and other individuals with subject matter expertise in mathematics, science, or critical foreign languages to provide such subject matter expertise to secondary school students on an adjunct basis.

(b) Program authorizedThe Secretary is authorized to award grants on a competitive basis to eligible entities to identify, recruit, and train qualified individuals with subject matter expertise in mathematics, science, or critical foreign languages to serve as adjunct content specialists.

(c) Duration of grantsThe Secretary may award grants under this section for a period of not more than five years.

(d) Eligible entityIn this section, the term “eligible entity” means—(1) a local educational agency; or

(2) a partnership consisting of a local educational agency, serving as a fiscal agent, and a public or private educational organization or business.

(e) Uses of fundsAn eligible entity that receives a grant under this section is authorized to use such grant to carry out one or both of the following activities:(1) To develop the capacity of the eligible entity to identify, recruit, and train individuals with subject matter expertise in mathematics, science, or critical foreign languages who are not employed in the elementary and secondary education system (including individuals in business and government, and individuals who would participate through distance-learning arrangements) to become adjunct content specialists.

(2) To provide preservice training and on-going professional development to adjunct content specialists.

(f) Applications(1) Application requiredAn eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2) ContentsAn application submitted under paragraph (1) shall include—(A) a description of—(i) the need for, and expected benefits of using, adjunct content specialists in the schools served by the local educational agency, which may include information on the difficulty the local educational agency faces in recruiting qualified faculty in mathematics, science, and critical foreign language courses;

(ii) measurable objectives for the activities supported by the grant, including the number of adjunct content specialists the eligible entity intends to place in schools and classrooms, and the gains in academic achievement expected as a result of the addition of such specialists;

(iii) how the eligible entity will establish criteria for and recruit the most qualified individuals and public or private organizations and businesses to participate in the activities supported by the grant;

(iv) how the eligible entity will provide preservice training and on-going professional development to adjunct content specialists to ensure that such specialists have the capacity to serve effectively;

(v) how the eligible entity will use funds received under this section, including how the eligible entity will evaluate the success of the activities supported by the grant; and

(vi) how the eligible entity will support and continue the activities supported by the grant after the grant has expired, including how such entity will seek support from other sources, such as State and local government and the private sector; and

(B) an assurance that the use of adjunct content specialists will not result in the displacement or transfer of currently employed teachers nor a reduction in the number of overall teachers in the district.

(g) PrioritiesIn awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate in the application for such a grant a plan to—(1) serve the schools served by the local educational agency that have a large number or percentage of students performing below grade level in mathematics, science, or critical foreign language courses;

(2) serve local educational agencies that have a large number or percentage of students from low-income families; and

(3) recruit and train individuals to serve as adjunct content specialists in schools that have an insufficient number of teachers in mathematics, science, or critical foreign languages.

(h) Matching requirementEach eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of such grant (in cash or in kind) to carry out the activities supported by such grant.

(i) Performance reportEach eligible entity receiving a grant under this section shall prepare and submit to the Secretary a final report on the results of the activities supported by such grant, which shall contain such information as the Secretary may require, including any improvements in student academic achievement as a result of the use of adjunct content specialists.

(j) EvaluationThe Secretary shall evaluate the activities supported by grants under this section, including the impact of such activities on student academic achievement, and shall report the results of such evaluation to the authorizing committees.

(k) DefinitionIn this section, the term “adjunct content specialist” means an individual who—(1) meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title;

(2) has demonstrated expertise in mathematics, science, or a critical foreign language, as determined by the local educational agency; and

(3) is not the primary provider of instructional services to a student, unless the adjunct content specialist is under the direct supervision of a teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title.

(Pub. L. 89–329, title II, § 255, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3161; amended Pub. L. 114–95, title IX, § 9214(c)(10), Dec. 10, 2015, 129 Stat. 2164.)

Editorial Notes
Amendments2015—Subsec. (k)(1). Pub. L. 114–95, § 9214(c)(10)(A), added par. (1) and struck out former par. (1) which read as follows: “meets the requirements of section 7801(23)(B)(ii) of this title;”.
Subsec. (k)(3). Pub. L. 114–95, § 9214(c)(10)(B), substituted “teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title” for “teacher who meets the requirements of section 7801(23) of this title”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

subpart 5—graduate fellowships to prepare faculty in high-need areas at colleges of education
§ 1036. Graduate fellowships to prepare faculty in high-need areas at colleges of education(a) Grants by SecretaryThe Secretary shall make grants to eligible institutions to enable such institutions to make graduate fellowship awards to qualified individuals in accordance with the provisions of this section.

(b) Eligible institutionsIn this section, the term “eligible institution” means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a doctoral degree.

(c) ApplicationsAn eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(d) Types of fellowships supported(1) In generalAn eligible institution that receives a grant under this section shall use the grant funds to provide graduate fellowships to individuals who are preparing for the professorate in order to prepare individuals to become elementary school and secondary school mathematics and science teachers, special education teachers, and teachers who provide instruction for limited English proficient students, who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title.

(2) Types of studyA graduate fellowship provided under this section shall support an individual in pursuing postbaccalaureate study, which leads to a doctoral degree and may include a master’s degree as part of such study, related to teacher preparation and pedagogy in one of the following areas:(A) Science, technology, engineering, or mathematics, if the individual has completed a master’s degree in mathematics or science and is pursuing a doctoral degree in mathematics, science, or education.

(B) Special education.

(C) The instruction of limited English proficient students, including postbaccalaureate study in language instruction educational programs.

(e) Fellowship terms and conditions(1) Selection of fellowsThe Secretary shall ensure that an eligible institution that receives a grant under this section—(A) shall provide graduate fellowship awards to individuals who plan to pursue a career in instruction at an institution of higher education that has a teacher preparation program; and

(B) may not provide a graduate fellowship to an otherwise eligible individual—(i) during periods in which such individual is enrolled at an institution of higher education unless such individual is maintaining satisfactory academic progress in, and devoting full-time study or research to, the pursuit of the degree for which the fellowship support was provided; or

(ii) if the individual is engaged in gainful employment, other than part-time employment related to teaching, research, or a similar activity determined by the institution to be consistent with and supportive of the individuals’s 11 So in original. Probably should be “individual’s”. progress toward the degree for which the fellowship support was provided.

(2) Amount of fellowship awards(A) In generalAn eligible institution that receives a grant under this section shall award stipends to individuals who are provided graduate fellowships under this section.

(B) Awards based on needA stipend provided under this section shall be in an amount equal to the level of support provided by the National Science Foundation graduate fellowships, except that such stipend shall be adjusted as necessary so as not to exceed the fellowship recipient’s demonstrated need, as determined by the institution of higher education where the fellowship recipient is enrolled.

(3) Service requirement(A) Teaching requiredEach individual who receives a graduate fellowship under this section and earns a doctoral degree shall teach for one year at an institution of higher education that has a teacher preparation program for each year of fellowship support received under this section.

(B) Institutional obligationEach eligible institution that receives a grant under this section shall provide an assurance to the Secretary that the institution has inquired of and determined the decision of each individual who has received a graduate fellowship to, within three years of receiving a doctoral degree, begin employment at an institution of higher education that has a teacher preparation program, as required by this section.

(C) Agreement requiredPrior to receiving an initial graduate fellowship award, and upon the annual renewal of the graduate fellowship award, an individual selected to receive a graduate fellowship under this section shall sign an agreement with the Secretary agreeing to pursue a career in instruction at an institution of higher education that has a teacher preparation program in accordance with subparagraph (A).

(D) Failure to complyIf an individual who receives a graduate fellowship award under this section fails to comply with the agreement signed pursuant to subparagraph (C), the sum of the amounts of any graduate fellowship award received by such recipient shall, upon a determination of such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of subchapter IV, and shall be subject to repayment, together with interest thereon accruing from the date of the fellowship award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.

(E) Modified service requirementThe Secretary may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the Secretary with respect to the criteria to determine the circumstances under which compliance with such service requirement is inequitable or represents a substantial hardship. The Secretary may waive the service requirement if compliance by the fellowship recipient is determined to be inequitable or represent a substantial hardship—(i) because the individual is permanently and totally disabled at the time of the waiver request; or

(ii) based on documentation presented to the Secretary of substantial economic or personal hardship.

(f) Institutional support for fellowsAn eligible institution that receives a grant under this section may reserve not more than ten percent of the grant amount for academic and career transition support for graduate fellowship recipients and for meeting the institutional obligation described in subsection (e)(3)(B).

(g) Restriction on use of fundsAn eligible institution that receives a grant under this section may not use grant funds for general operational overhead of the institution.

(Pub. L. 89–329, title II, § 258, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3163; amended Pub. L. 114–95, title IX, § 9214(c)(11), Dec. 10, 2015, 129 Stat. 2164.)

Editorial Notes
Amendments2015—Subsec. (d)(1). Pub. L. 114–95 struck out “highly qualified” after “become” and inserted “, who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 1412(a)(14)(C) of this title” before period at end.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Part C—General Provisions
§ 1041. Limitations(a) Federal control prohibitedNothing in this subchapter shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this subchapter.

(b) No change in State control encouraged or requiredNothing in this subchapter shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law.

(c) National system of teacher certification or licensure prohibitedNothing in this subchapter shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure.

(d) Rule of constructionNothing in this subchapter shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

(Pub. L. 89–329, title II, § 261, as added Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3166.)

Editorial Notes
Prior ProvisionsA prior section 1041, Pub. L. 89–329, title II, § 221, as added Pub. L. 107–110, title X, § 1051(3), Jan. 8, 2002, 115 Stat. 2080, set out purpose and program authority for teacher preparation programs to enable teachers to use advanced technology in the classroom, prior to repeal by Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3154.
Another prior section 1041, Pub. L. 89–329, title II, § 231, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1386; amended Pub. L. 99–498, title II, §§ 204(b)(2), 206, Oct. 17, 1986, 100 Stat. 1289; Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 470, authorized grants to institutions with major research libraries, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1041, Pub. L. 89–329, title II, § 231, as added Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2090, set out the Congressional statement of findings and purpose for the research library resources strengthening program, prior to the general amendment of this subchapter by Pub. L. 96–374.
Another prior section 1041, Pub. L. 89–329, title II, § 231, Nov. 8, 1965, 79 Stat. 1228; Pub. L. 90–575, title II, §§ 217, 218, Oct. 16, 1968, 82 Stat. 1037; Pub. L. 92–318, title I, § 114(a), June 23, 1972, 86 Stat. 240, authorized appropriations for assistance to Library of Congress for acquisition of Library material, prior to the general amendment of former part C of this subchapter by Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2090.
A prior section 1042, Pub. L. 89–329, title II, § 222, as added Pub. L. 107–110, title X, § 1051(3), Jan. 8, 2002, 115 Stat. 2081, related to eligibility to receive a grant or enter into a contract or cooperative agreement under sections 1041 to 1044 of this title, prior to repeal by Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3154.
Another prior section 1042, Pub. L. 89–329, title II, § 232, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1386; amended Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 471, required Secretary to endeavor to achieve broad and equitable geographical distribution of grants, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1042, Pub. L. 89–329, title II, § 232, as added Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2090; amended Pub. L. 96–49, § 3(b), Aug. 13, 1979, 93 Stat. 351, which authorized appropriations through fiscal year 1980, was omitted in the general amendment of this subchapter by Pub. L. 96–374.
Another prior section 1042, Pub. L. 89–329, title II, § 232, as added Pub. L. 92–318, title I, § 115(a), June 23, 1972, 86 Stat. 241, which required an evaluation and report to Congressional committees by the Librarian of the Congress, was omitted in the general amendment of former part C of this subchapter by Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2090.
A prior section 1043, Pub. L. 89–329, title II, § 223, as added Pub. L. 107–110, title X, § 1051(3), Jan. 8, 2002, 115 Stat. 2082, related to use of funds, prior to repeal by Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3154.
Another prior section 1043, Pub. L. 89–329, title II, § 233, as added Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2090, related to eligibility for assistance under research library resources strengthening program, prior to the general amendment of this subchapter by Pub. L. 96–374.
A prior section 1044, Pub. L. 89–329, title II, § 224, as added Pub. L. 107–110, title X, § 1051(3), Jan. 8, 2002, 115 Stat. 2083, related to authorization of appropriations, prior to repeal by Pub. L. 110–315, title II, § 201(3), Aug. 14, 2008, 122 Stat. 3154.
Another prior section 1044, Pub. L. 89–329, title II, § 234, as added Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2090, related to regional balance in allocation of funds, prior to the general amendment of this subchapter by Pub. L. 96–374.
Prior sections 1045 and 1046 were omitted in the general amendment of this subchapter by Pub. L. 96–374.
Section 1045, Pub. L. 89–329, title II, § 235, as added Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2091, set out limitations on grants as regards sectarian or religious use.
Section 1046, Pub. L. 89–329, title II, § 236, as added Pub. L. 94–482, title I, § 107, Oct. 12, 1976, 90 Stat. 2091, required consultations by grantees with State agencies.
A prior section 1047, Pub. L. 89–329, title II, § 241, as added Pub. L. 99–498, title II, § 207, Oct. 17, 1986, 100 Stat. 1289; amended Pub. L. 102–325, title II, § 201, July 23, 1992, 106 Stat. 471; Pub. L. 103–208, § 2(a)(3), Dec. 20, 1993, 107 Stat. 2457, authorized Secretary to make grants to and enter into contracts with eligible institutions, library organizations or agencies to assist in strengthening library and information science programs and libraries in historically black colleges and universities and other minority-serving institutions, prior to repeal by Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 708(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312.
Another prior section 1047 and prior sections 1047a to 1047j were omitted in the general amendment of former part D of this subchapter by Pub. L. 99–498.
Section 1047, Pub. L. 89–329, title II, § 241, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1386, stated congressional declaration of purpose.
Section 1047a, Pub. L. 89–329, title II, § 242, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, established National Periodical System Corporation.
Section 1047b, Pub. L. 89–329, title II, § 243, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, related to functions of National Periodical System Corporation.
Section 1047c, Pub. L. 89–329, title II, § 244, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, related to board of directors of National Periodical System Corporation.
Section 1047d, Pub. L. 89–329, title II, § 245, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to director and staff of National Periodical System Corporation.
Section 1047e, Pub. L. 89–329, title II, § 246, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to nonprofit nature of National Periodical System Corporation.
Section 1047f, Pub. L. 89–329, title II, § 247, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to authority of National Periodical System Corporation.
Section 1047g, Pub. L. 89–329, title II, § 248, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1389, related to congressional approval of design for national periodical system.
Section 1047h, Pub. L. 89–329, title II, § 249, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1389, related to effect of former part D of this subchapter on copyright law.
Section 1047i, Pub. L. 89–329, title II, § 250, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1389, defined terms used in former part D of this subchapter.
Section 1047j, Pub. L. 89–329, title II, § 251, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1390, authorized appropriations to carry out former part D of this subchapter.

SUBCHAPTER III—INSTITUTIONAL AID

Editorial Notes
Codification
Title III of the Higher Education Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89–329, title III, Nov. 8, 1965, 79 Stat. 1229, and amended by Pub. L. 89–752, Nov. 3, 1966, 80 Stat. 1240; 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. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98–95, Sept. 26, 1983, 97 Stat. 708; Pub. L. 98–312, June 12, 1984, 98 Stat. 233. Such title is shown herein, however, as having been added by Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1290, without reference to such intervening amendments because of the extensive revision of title III by Pub. L. 99–498.

§ 1051. Findings and purpose(a) FindingsThe Congress finds that—(1) there are a significant number of institutions of higher education serving high percentages of minority students and students from low-income backgrounds, that face problems that threaten their ability to survive;

(2) the problems relate to the management and fiscal operations of certain institutions of higher education, as well as to an inability to engage in long-range planning and development activities, including endowment building;

(3) in order to be competitive and provide a high-quality education for all, institutions of higher education should improve their technological capacity and make effective use of technology;

(4) the subchapter III program prior to 1985 did not always meet the specific development needs of historically Black colleges and universities and other institutions with large concentrations of minority, low-income students;

(5) the solution of the problems of these institutions would enable them to become viable, fiscally stable and independent, thriving institutions of higher education;

(6) providing assistance to eligible institutions will enhance the role of such institutions in providing access and quality education to low-income and minority students;

(7) these institutions play an important role in the American system of higher education, and there is a strong national interest in assisting them in solving their problems and in stabilizing their management and fiscal operations, and in becoming financially independent; and

(8) there is a particular national interest in aiding those institutions of higher education that have historically served students who have been denied access to postsecondary education because of race or national origin and whose participation in the American system of higher education is in the Nation’s interest so that equality of access and quality of postsecondary education opportunities may be enhanced for all students.

(b) PurposeIt is the purpose of this subchapter to assist such institutions in equalizing educational opportunity through a program of Federal assistance.

(Pub. L. 89–329, title III, § 301, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1290; amended Pub. L. 102–325, title III, § 301, July 23, 1992, 106 Stat. 472; Pub. L. 103–208, § 2(a)(4), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 302, Oct. 7, 1998, 112 Stat. 1637.)

Editorial Notes
Prior ProvisionsA prior section 1051, Pub. L. 89–329, title III, § 301, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1390, stated Congressional findings and purposes for program of providing Federal assistance to institutions of higher education, prior to the general revision of this subchapter by Pub. L. 99–498.
Another prior section 1051, Pub. L. 89–329, title III, § 301, Nov. 8, 1965, 79 Stat. 1229; Pub. L. 89–752, § 10, Nov. 3, 1966, 80 Stat. 1243; Pub. L. 90–575, title II, §§ 221, 222, Oct. 16, 1968, 82 Stat. 1038; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 241; Pub. L. 94–482, title I, § 111, Oct. 12, 1976, 90 Stat. 2091; Pub. L. 96–49, § 4, Aug. 13, 1979, 93 Stat. 351, related to a program of special assistance to strengthen the academic quality of developing institutions, prior to the general revision of this subchapter by Pub. L. 96–374.
Prior sections 1052 to 1056 were omitted in the general revision of this subchapter by Pub. L. 96–374.
Section 1052, Pub. L. 89–329, title III, § 302, Nov. 8, 1965, 79 Stat. 1229; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 241; Pub. L. 93–380, title VIII, § 832, Aug. 21, 1974, 88 Stat. 603; Pub. L. 94–482, title I, § 112, Oct. 12, 1976, 90 Stat. 2091, related to eligibility for special assistance.
Section 1053, Pub. L. 89–329, title III, § 303, Nov. 8, 1965, 79 Stat. 1230; Pub. L. 91–230, title IV, § 401(h)(4), Apr. 13, 1970, 84 Stat. 174; Pub. L. 92–318, title I, § 121(a), title III, § 301(a)(1), June 23, 1972, 86 Stat. 242, 326, provided for the establishment of an Advisory Council on Developing Institutions.
Section 1054, Pub. L. 89–329, title III, § 304, Nov. 8, 1965, 79 Stat. 1230; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 243, authorized the Commissioner of Education to make grants and awards.
Section 1055, Pub. L. 89–329, title III, § 305, Nov. 8, 1965, 79 Stat. 1231; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 244, related to assistance to developing institutions under other programs.
Section 1056, Pub. L. 89–329, title III, § 306, as added Pub L. 90–575, title II, § 223(a), Oct. 16, 1968, 82 Stat. 1038; amended Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 245, prohibited the use of funds for religious activities.

Amendments1998—Pars. (3) to (8). Pub. L. 105–244 added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respectively.
1993—Subsec. (a)(2). Pub. L. 103–208 struck out the comma after “planning”.
1992—Subsec. (a)(1). Pub. L. 102–325, § 301(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “many institutions of higher education in this era of declining enrollments and scarce resources face problems which threaten their ability to survive;”.
Subsec. (a)(2). Pub. L. 102–325, § 301(2), struck out “recruitment activities,” after “long-range planning,”.
Subsec. (a)(5). Pub. L. 102–325, § 301(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “providing a minimum level of assistance to all categories of eligible institutions will assure the continued participation of the institutions in the program established in this subchapter and enhance their role in providing access and quality education to low-income and minority students;”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentPub. L. 103–208, § 5, Dec. 20, 1993, 107 Stat. 2488, provided that:
“(a) In general.—Except as otherwise provided therein or in subsection (b) of this section, the amendments made by section 2 of this Act [see Tables for classification] shall be effective as if such amendments were included in the Higher Education Amendments of 1992 (Public Law 102–325), except that section 492 of the Act [section 1098a of this title] shall not apply to the amendments made by this Act [see Tables for classification].

“(b) Exceptions.—“(1) Effective on October 1, 1993.—The amendments made by the following subsections of section 2 of this Act shall be effective on and after October 1, 1993: (b)(29), (j)(28), (j)(36), and (j)(40) [amending sections 1070d–34, 1134e, 1134j, and 1134q of this title].

“(2) Effective on date of enactment.—The amendments made by the following subsections of section 2 of this Act shall be effective on and after the date of enactment of this Act [Dec. 20, 1993]: (b)(2), (b)(7), (b)(28), (c)(3), (c)(5), (c)(13)(B), (c)(13)(C), (c)(18), (c)(30), (c)(62) [amending sections 1070a, 1070a–11, 1070d–33, 1075, 1077a, 1078, 1078–1, and 1085 of this title].

“(3) Effective 30 days after enactment.—The amendments made by the following subsections of section 2 of this Act shall be effective on and after 30 days after the date of enactment of this Act [Dec. 20, 1993]: (c)(19), (c)(20), (c)(21), (c)(59) [amending sections 1078 and 1085 of this title].

“(4) Effective 60 days after enactment.—The amendments made by the following subsections of section 2 of this Act shall be effective on and after 60 days after the date of enactment of this Act [Dec. 20, 1993]: (c)(31) and (c)(53) [amending sections 1078–1 and 1083 of this title].

“(5) Effective on April 1, 1994.—The amendments made by section 2(c)(43)(B) of this Act [amending section 1078–8 of this title] shall be effective on and after April 1, 1994.

“(6) Effective on July 1, 1994.—The amendments made by the following subsection[s] of section 2 of this Act shall be effective on and after July 1, 1994: (b)(25), (c)(2), (c)(13)(A), (c)(29) [amending sections 1070b–2, 1075, 1078, and 1078–1 of this title].

“(7) Cohort default data examinations.—The amendment made by section 2(c)(60)(A) [amending section 1085 of this title] shall be effective on and after October 1, 1994.

“(8) Cohort default rate determinations.—The amendments made to subsection[s] (a)(3) and (m)(1)(B) of section 435 of this [the] Act [section 1085(a)(3) and (m)(1)(B) of this title] shall apply with respect to the determination (and appeals from determinations) of cohort default rates for fiscal year 1989 and any succeeding fiscal year.”

Effective Date of 1992 AmendmentAmendment 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.

Effective DatePub. L. 99–498, title III, § 301(b), Oct. 17, 1986, 100 Stat. 1308, provided that: “The amendment made by subsection (a) [enacting this subchapter] shall take effect July 1, 1987.”

Part A—Strengthening Institutions
§ 1057. Program purpose(a) General authorizationThe Secretary shall carry out a program, in accordance with this part, to improve the academic quality, institutional management, and fiscal stability of eligible institutions, in order to increase their self-sufficiency and strengthen their capacity to make a substantial contribution to the higher education resources of the Nation.

(b) Grants awarded; special consideration(1) From the sums available for this part under section 1068h(a)(1) of this title, the Secretary may award grants to any eligible institution with an application approved under section 1068 of this title in order to assist such an institution to plan, develop, or implement activities that promise to strengthen the institution.

(2) Special consideration shall be given to any eligible institution—(A) which has endowment funds (other than any endowment fund built under section 1065 of this title as in effect on September 30, 1986, and under part B) the market value of which, per full-time equivalent student, is less than the average current market value of the endowment 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) 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, including services that will assist in the education of special populations.

(c) Authorized activitiesGrants awarded under this section shall be used for 1 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, including the integration of computer technology into institutional facilities to create smart buildings.

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

(4) Development and improvement of academic programs.

(5) Purchase of library books, periodicals, and other educational materials, including telecommunications program material.

(6) Tutoring, counseling, and student service programs designed to improve academic success, including innovative, customized, instruction courses designed to help retain students and move the students rapidly into core courses and through program completion, which may include remedial education and English language instruction.

(7) Education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families.

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

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

(10) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector.

(11) Establishing or improving an endowment fund.

(12) Creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services.

(13) Other activities proposed in the application submitted pursuant to subsection (b) and section 1068 of this title that—(A) contribute to carrying out the purposes of the program assisted under this part; and

(B) are approved by the Secretary as part of the review and acceptance of such application.

(d) Endowment fund(1) In generalAn eligible institution may use not more than 20 percent of the grant funds provided under this part to establish or increase an endowment fund at such institution.

(2) Matching requirementIn order to be eligible to use grant funds in accordance with paragraph (1), the eligible institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with paragraph (1), for the establishment or increase of the endowment fund.

(3) ComparabilityThe provisions of part C, 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).

(Pub. L. 89–329, title III, § 311, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1291; amended Pub. L. 100–50, § 2(a)(1), June 3, 1987, 101 Stat. 335; Pub. L. 105–244, title III, §§ 301(c)(1), 303(a), Oct. 7, 1998, 112 Stat. 1636, 1638; Pub. L. 110–315, title III, § 301, Aug. 14, 2008, 122 Stat. 3166.)

Editorial Notes
Prior ProvisionsA 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.

Amendments2008—Subsec. (b)(1). Pub. L. 110–315, § 301(1)(A), made technical amendment to reference in original act which appears in text as reference to section 1068 of this title.
Subsec. (b)(3)(F). Pub. L. 110–315, § 301(1)(B), inserted “, including services that will assist in the education of special populations” before period at end.
Subsec. (c)(6). Pub. L. 110–315, § 301(2)(A), inserted “, including innovative, customized, instruction courses designed to help retain students and move the students rapidly into core courses and through program completion, which may include remedial education and English language instruction” before period at end.
Subsec. (c)(7) to (13). Pub. L. 110–315, § 301(2)(B)–(E), added par. (7), redesignated former pars. (7) to (12) as pars. (8) to (13), respectively, in par. (12), substituted “distance education technologies” for “distance learning academic instruction capabilities” and, in introductory provisions of par. (13), substituted “subsection (b) and section 1068 of this title” for “subsection (c)”.
1998—Subsec. (b)(1). Pub. L. 105–244, § 301(c)(1), substituted “section 1068h(a)(1)” for “section 1069f(a)(1)”.
Subsecs. (c), (d). Pub. L. 105–244, § 303(a), added subsecs. (c) and (d).
1987—Subsec. (b)(1). Pub. L. 100–50 substituted “section 1069f(a)(1) of this title” for “section 1069d(a)(1) of this title”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 1987 AmendmentAmendment 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.

§ 1058. Definitions; eligibility(a) Educational and general expendituresFor 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 institutionFor 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 (d);

(B) except as provided in section 1068a(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) which is—(i) legally authorized to provide, and provides within the State, an educational program for which such institution awards a bachelor’s degree;

(ii) a junior or community college; or

(iii) the College of the Marshall Islands, the College of Micronesia/Federated States of Micronesia, and Palau 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) which meets such other requirements as the Secretary may prescribe; and

(F) located in a State; and

(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.

For purposes of the determination of whether an institution is an eligible institution under this paragraph,11 So in original. Probably should be “subsection,”. the factor described under paragraph (1)(A) shall be given twice the weight of the factor described under paragraph (1)(B).

(c) Endowment fundFor the purpose of this part, the term “endowment fund” means a fund that—(1) is established by State law, by an institution of higher education, or by a foundation that is exempt from Federal income taxation;

(2) is maintained for the purpose of generating income for the support of the institution; and

(3) does not include real estate.

(d) Enrollment of needy studentsExcept as provided in section 1059e(b) of this title, for the purpose of this part, the term “enrollment of needy students” means an enrollment 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 need-based assistance under subchapter IV of this chapter 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 the second fiscal year preceding the fiscal year for which the determination is made, unless the requirement of this paragraph is waived under section 1068a(a) of this title.

(e) Full-time equivalent studentsFor the purpose of this part, 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.

(f) Junior or community collegeFor 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.

(g) Low-income individualFor the purpose of this part, 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 Census.

(h) Historically black college or universityFor 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; 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; Pub. L. 102–325, title III, § 302(a), (b), July 23, 1992, 106 Stat. 472; Pub. L. 103–208, § 2(a)(5), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 103–382, title III, § 353, Oct. 20, 1994, 108 Stat. 3966; Pub. L. 105–244, title III, §§ 301(c)(2), 303(b), Oct. 7, 1998, 112 Stat. 1636, 1639; Pub. L. 110–315, title III, §§ 302, 305(b), Aug. 14, 2008, 122 Stat. 3167, 3173.)

Editorial Notes
Prior ProvisionsA 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.

Amendments2008—Subsec. (b)(1)(A). Pub. L. 110–315, § 302(1), substituted “subsection (d)” for “subsection (c) of this section”.
Subsec. (d). Pub. L. 110–315, § 305(b), substituted “Except as provided in section 1059e(b) of this title, for the purpose” for “For the purpose” in introductory provisions.
Subsec. (d)(2). Pub. L. 110–315, § 302(2), substituted “paragraph” for “subdivision”.
Subsecs. (g), (h). Pub. L. 110–315, § 302(3), (4), added subsec. (g) and redesignated former subsec. (g) as (h).
1998—Subsec. (b)(1)(B). Pub. L. 105–244, § 301(c)(2)(A), substituted “section 1068a(b)” for “section 1067(b)”.
Subsec. (c). Pub. L. 105–244, § 303(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (c)(2). Pub. L. 105–244, § 301(c)(2)(B), substituted “section 1068a(a)” for “section 1067(a)”.
Subsecs. (d) to (g). Pub. L. 105–244, § 303(b)(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively.
1994—Subsec. (b)(1)(C). Pub. L. 103–382, § 353(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(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;”.
Subsec. (b)(1)(F). Pub. L. 103–382, § 353(2), (3), added subpar. (F).
1993—Subsec. (c)(2). Pub. L. 103–208 inserted “the” after “such institutions in”.
1992—Subsec. (b)(1), (2). Pub. L. 102–325, § 302(a)(1), (2), inserted “and” at end of subpar. (D), struck out subpar. (E), redesignated subpar. (F) as (E) and inserted “and” at end, and substituted period for semicolon at end of par. (2). Prior to amendment, subpar. (E) of par. (1) read as follows: “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”.
Subsec. (b)(3) to (5). Pub. L. 102–325, § 302(a)(3), struck out pars. (3) to (5) which read as follows:
“(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).”
Subsec. (c)(2). Pub. L. 102–325, § 302(b), substituted “second fiscal year preceding the fiscal year for which the determination is made, unless the requirement” for “second preceding fiscal year, unless the requirement”.
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”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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 of 1992 AmendmentAmendment 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.

Effective Date of 1987 AmendmentAmendment 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.

§ 1059. Duration of grant(a) Award periodThe Secretary may award a grant to an eligible institution under this part for 5 years.

(b) LimitationsIn awarding grants under this part the Secretary shall give priority to applicants who are not already receiving a grant under this part, except that for the purpose of this subsection a grant under subsection (c) and a grant under section 1068c(a)(1) of this title shall not be considered a grant under this part.

(c) Planning grantsNotwithstanding subsection (a), 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.

(d) Wait-out-periodEach eligible institution that received a grant under this part for a 5-year period shall not be eligible to receive an additional grant under this part until 2 years after the date on which the 5-year grant period terminates.

(Pub. L. 89–329, title III, § 313, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294; amended Pub. L. 102–325, title III, § 302(c), July 23, 1992, 106 Stat. 472; Pub. L. 103–208, § 2(a)(6), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, §§ 301(c)(3), 303(c), Oct. 7, 1998, 112 Stat. 1637, 1639.)

Editorial Notes
Prior ProvisionsA 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.

Amendments1998—Subsec. (b). Pub. L. 105–244, § 303(c)(1), inserted “subsection (c) and a grant under” after “this subsection a grant under”.
Pub. L. 105–244, § 301(c)(3), substituted “section 1068c(a)(1)” for “section 1069(a)(1)”.
Subsec. (d). Pub. L. 105–244, § 303(c)(2), added subsec. (d).
1993—Subsec. (b). Pub. L. 103–208 inserted before period at end “, except that for the purpose of this subsection a grant under section 1069(a)(1) of this title shall not be considered a grant under this part”.
1992—Subsecs. (a), (b). Pub. L. 102–325 amended subsecs. (a) and (b) generally, substituting present provisions for provisions which related: in subsec. (a), to the awarding of grants for not to exceed 3, 4, or 5 years; and in subsec. (b), to waiting periods for awarding of subsequent grants.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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 of 1992 AmendmentAmendment 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.

§ 1059a. Applications
Each eligible institution desiring to receive assistance under this part shall submit an application in accordance with the requirements of section 1068 of this title.
(Pub. L. 89–329, title III, § 314, as added Pub. L. 105–244, title III, § 303(d), Oct. 7, 1998, 112 Stat. 1639.)

Editorial Notes
Prior ProvisionsA prior section 1059a, Pub. L. 89–329, title III, § 314, as added Pub. L. 100–50, § 2(b), June 3, 1987, 101 Stat. 336, related to application review process, prior to repeal by Pub. L. 105–244, § 3, title III, § 303(d), Oct. 7, 1998, 112 Stat. 1585, 1639, effective Oct. 1, 1998.

Statutory Notes and Related Subsidiaries
Effective DateSection 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.

§ 1059b. Goals for financial management and academic program(a) GoalsAny application for a grant under this part shall describe measurable goals for the institution’s financial management and academic programs, and include a plan of how the applicant intends to achieve those goals.

(b) Continuation requirementsAny continuation application shall demonstrate the progress made toward achievement of the goals described pursuant to subsection (a).

(Pub. L. 89–329, title III, § 315, as added Pub. L. 102–325, title III, § 302(d)(1), July 23, 1992, 106 Stat. 472.)

Statutory Notes and Related Subsidiaries
Effective DateSection 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.

§ 1059c. American Indian tribally controlled colleges and universities(a) Program authorizedThe Secretary shall provide grants and related assistance to Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve Indian students.

(b) DefinitionsIn this section:(1) IndianThe term “Indian” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801].

(2) Indian tribeThe term “Indian tribe” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801].

(3) Tribal College or UniversityThe term “Tribal College or University” means an institution that—(A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a note); 11 See References in Text note below. or

(B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note).

(4) Institution of higher educationThe term “institution of higher education” means an institution of higher education as defined in section 1001(a) of this title, except that paragraph (2) of such section shall not apply.

(c) Authorized activities(1) In generalGrants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Indian students.

(2) Examples of authorized activitiesThe activities described in paragraph (1) may include—(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;

(C) support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction or in tribal governance or tribal public policy;

(D) academic instruction in disciplines in which Indians are underrepresented and instruction in tribal governance or tribal public policy;

(E) purchase of library books, periodicals, and other educational materials, including telecommunications program material;

(F) tutoring, counseling, and student service programs designed to improve academic success;

(G) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families;

(H) funds management, administrative management, and acquisition of equipment for use in strengthening funds management;

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

(J) establishing or improving a development office to strengthen or improve contributions from alumni and the private sector;

(K) establishing or enhancing a program of teacher education designed to qualify students to teach in elementary schools or secondary schools, with a particular emphasis on teaching Indian children and youth, that shall include, as part of such program, preparation for teacher certification;

(L) establishing community outreach programs that encourage Indian elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education;

(M) developing or improving facilities for Internet use or other distance education technologies; and

(N) other activities proposed in the application submitted pursuant to subsection (d) that—(i) contribute to carrying out the activities described in subparagraphs (A) through (M); and

(ii) are approved by the Secretary as part of the review and acceptance of such application.

(3) Endowment fund(A) In generalA Tribal College or University may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.

(B) Matching requirementIn order to be eligible to use grant funds in accordance with subparagraph (A), the Tribal College or University shall provide matching funds, in an amount equal to the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.

(C) ComparabilityThe provisions of part C regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A).

(d) Application, plan, and allocation(1) Institutional eligibilityTo be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 1058(b) of this title.

(2) Application(A) In generalA Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(B) Streamlined processThe Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.

(3) Awards and allocations to institutions(A) Construction grants(i) In generalOf the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.

(ii) PreferenceIn providing grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this section for a previous fiscal year.

(B) Allotment of remaining funds(i) In generalExcept as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows:(I) 60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)) 22 So in original. Probably should be followed by a third closing parenthesis. of the Tribal Colleges and Universities.

(II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.

(ii) Minimum grantThe amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000.

(4) Special rules(A) Concurrent fundingNo Tribal College or University that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.

(B) ExemptionSection 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.

(Pub. L. 89–329, title III, § 316, as added Pub. L. 102–325, title III, § 302(d)(1), July 23, 1992, 106 Stat. 473; amended Pub. L. 103–208, § 2(a)(7), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 303(e), Oct. 7, 1998, 112 Stat. 1639; Pub. L. 106–211, § 1(a), (b)(1), May 26, 2000, 114 Stat. 330; Pub. L. 110–315, title III, § 303, Aug. 14, 2008, 122 Stat. 3167; Pub. L. 111–39, title III, § 301(1), July 1, 2009, 123 Stat. 1936.)

Editorial Notes

References in TextThe Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (b)(3)(A), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (§ 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.
The Navajo Community College Act, referred to in subsec. (b)(3)(A), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of Title 25, Indians, and was omitted from the Code as being of special and not general application.
Section 532 of the Equity in Educational Land-Grant Status Act of 1994, referred to in subsec. (b)(3)(B), is section 532 of Pub. L. 103–382, which is set out in a note under section 301 of Title 7, Agriculture.

Amendments2009—Subsec. (a). Pub. L. 111–39, § 301(1)(A), substituted “Tribal” for “Indian Tribal”.
Subsec. (b)(1), (2). Pub. L. 111–39, § 301(1)(B)(i), (ii), substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.
Subsec. (b)(3)(A). Pub. L. 111–39, § 301(1)(B)(iii), substituted “the Navajo Community College Act” for “the Navajo Community College Assistance Act of 1978”.
2008—Subsec. (b)(3). Pub. L. 110–315, § 303(1), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The term ‘Tribal College or University’ has the meaning give the term ‘tribally controlled college or university’ in section 1801 of title 25, and includes an institution listed in the Equity in Educational Land Grant Status Act of 1994.
Subsec. (c)(2)(B). Pub. L. 110–315, § 303(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services;”.
Subsec. (c)(2)(C). Pub. L. 110–315, § 303(2)(B), inserted “or in tribal governance or tribal public policy” before semicolon at end.
Subsec. (c)(2)(D). Pub. L. 110–315, § 303(2)(C), inserted “and instruction in tribal governance or tribal public policy” before semicolon at end.
Subsec. (c)(2)(G) to (N). Pub. L. 110–315, § 303(2)(D)–(H), added subpars. (G) and (M), redesignated former subpars. (G), (H), (I), (J), (K), and (L) as subpars. (H), (I), (J), (K), (L), and (N), respectively, and in subpar. (N)(i) substituted “subparagraphs (A) through (M)” for “subparagraphs (A) through (K)”.
Subsec. (d). Pub. L. 110–315, § 303(3), added subsec. (d) and struck out former subsec. (d) which related to the application process for assistance under this section.
2000—Subsec. (d)(2). Pub. L. 106–211, § 1(a), inserted after first sentence “The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section.”
Subsec. (d)(3). Pub. L. 106–211, § 1(b)(1), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “For the purposes of this part, no Tribal College or University that is eligible for and receives funds under this section may concurrently receive other funds under this part or part B of this subchapter.”
1998—Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) authorizing grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic and other low-income students.
1993—Subsec. (c). Pub. L. 103–208 substituted “(2) Examples of authorized activities.—Such programs may include—” for “Such programs may include—”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 2000 AmendmentPub. L. 106–211, § 1(c), May 26, 2000, 114 Stat. 331, provided that: “The amendments made by this Act [amending this section and section 1059d of this title] shall be effective on the date of the enactment of this Act [May 26, 2000].”

Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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 DateSection 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.

§ 1059d. Alaska Native and Native Hawaiian-serving institutions(a) Program authorizedThe Secretary shall provide grants and related assistance to Alaska Native-serving institutions and Native Hawaiian-serving institutions to enable such institutions to improve and expand their capacity to serve Alaska Natives and Native Hawaiians.

(b) DefinitionsFor the purpose of this section—(1) the term “Alaska Native” has the meaning given the term in section 7546 of this title;

(2) the term “Alaska Native-serving institution” means an institution of higher education that—(A) is an eligible institution under section 1058(b) of this title; and

(B) at the time of application, has an enrollment of undergraduate students that is at least 20 percent Alaska Native students;

(3) the term “Native Hawaiian” has the meaning given the term in section 7517 of this title; and

(4) the term “Native Hawaiian-serving institution” means an institution of higher education which—(A) is an eligible institution under section 1058(b) of this title; and

(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Native Hawaiian students.

(c) Authorized activities(1) Types of activities authorizedGrants awarded under this section shall be used by Alaska Native-serving institutions and Native Hawaiian-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Alaska Natives or Native Hawaiians.

(2) Examples of authorized activitiesSuch programs may include—(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;

(D) curriculum development and academic instruction;

(E) purchase of library books, periodicals, microfilm, and other educational materials;

(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;

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

(H) academic tutoring and counseling programs and student support services; and

(I) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families.

(d) Application process(1) Institutional eligibilityEach Alaska Native-serving institution and Native Hawaiian-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Alaska Native-serving institution or a Native Hawaiian-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require.

(2) ApplicationsAny institution which is determined by the Secretary to be an Alaska Native-serving institution or a Native Hawaiian-serving institution may submit an application for assistance under this section to the Secretary. The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include—(A) a 5-year plan for improving the assistance provided by the Alaska Native-serving institution or the Native Hawaiian-serving institution to Alaska Native or Native Hawaiian students; and

(B) such other information and assurance as the Secretary may require.

(3) Special rules(A) EligibilityNo Alaskan Native-serving institution or Native Hawaiian-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B.

(B) ExemptionSection 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.

(C) DistributionIn awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.

(Pub. L. 89–329, title III, § 317, as added Pub. L. 105–244, title III, § 303(f), Oct. 7, 1998, 112 Stat. 1641; amended Pub. L. 106–211, § 1(a), (b)(2), May 26, 2000, 114 Stat. 330; Pub. L. 107–110, title VII, § 702(a), Jan. 8, 2002, 115 Stat. 1946; Pub. L. 110–315, title III, § 304, Aug. 14, 2008, 122 Stat. 3169; Pub. L. 114–95, title IX, § 9215(oo)(6), Dec. 10, 2015, 129 Stat. 2179.)

Editorial Notes
Amendments2015—Subsec. (b)(1). Pub. L. 114–95, § 9215(oo)(6)(A), made technical amendment to reference in original act which appears in text as reference to section 7546 of this title.
Subsec. (b)(3). Pub. L. 114–95, § 9215(oo)(6)(B), made technical amendment to reference in original act which appears in text as reference to section 7517 of this title.
2008—Subsec. (c)(2)(I). Pub. L. 110–315 added subpar. (I).
2002—Subsec. (b)(1). Pub. L. 107–110, § 702(a)(1), substituted “section 7546” for “section 7938”.
Subsec. (b)(3). Pub. L. 107–110, § 702(a)(2), substituted “section 7517” for “section 7912”.
2000—Subsec. (d)(2). Pub. L. 106–211, § 1(a), inserted after first sentence “The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section.”
Subsec. (d)(3). Pub. L. 106–211, § 1(b)(2), added par. (3).
Subsec. (e). Pub. L. 106–211, § 1(b)(2), struck out heading and text of subsec. (e). Text read as follows: “For the purposes of this section, no Alaska Native-serving institution or Native Hawaiian-serving institution which is eligible for and receives funds under this section may concurrently receive other funds under this part or part B of this subchapter.”

Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Effective Date of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Effective DateSection 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.

§ 1059e. Predominantly Black Institutions(a) PurposeIt is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.

(b) DefinitionsIn this section:(1) Eligible institutionThe term “eligible institution” means an institution of higher education that—(A) has an enrollment of needy undergraduate students;

(B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title;

(C) has an enrollment of undergraduate students that is not less than 40 percent Black American students;

(D) is legally authorized to provide, and provides, within the State an educational program for which the institution of higher education awards a baccalaureate degree or, in the case of a junior or community college, an associate’s degree;

(E) 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; and

(F) is not receiving assistance under—(i) part B;

(ii) part A of subchapter V; or

(iii) an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).

(2) Enrollment of needy studentsThe term “enrollment of needy students” means the enrollment at an eligible institution with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree—(A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;

(B) come from families that receive benefits under a means-tested Federal benefit program;

(C) attended a public or nonprofit private secondary school that—(i) is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and

(ii) for the purpose of this paragraph and for such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or

(D) are first-generation college students and a majority of such first-generation college students are low-income individuals.

(3) First-generation college studentThe term “first-generation college student” has the meaning given the term in section 1070a–11(h) of this title.

(4) Low-income individualThe term “low-income individual” has the meaning given such term in section 1070a–11(h) of this title.

(5) Means-tested Federal benefit programThe term “means-tested Federal benefit program” means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit.

(6) Predominantly Black InstitutionThe term “Predominantly Black Institution” means an institution of higher education, as defined in section 1001(a) of this title—(A) that is an eligible institution with not less than 1,000 undergraduate students;

(B) at which not less than 50 percent of the undergraduate students enrolled at the eligible institution are low-income individuals or first-generation college students; and

(C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the eligible institution is licensed to award by the State in which the eligible institution is located.

(7) StateThe term “State” means each of the 50 States and the District of Columbia.

(c) Grant authority(1) In generalThe Secretary is authorized to award grants, from allotments under subsection (e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d).

(2) PriorityIn awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections 11 So in original. Probably should be “subsection”. (b)(1)(A) or (b)(1)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(1)(C).

(d) Authorized activities(1) Required activitiesGrant funds provided under this section shall be used—(A) to assist the Predominantly Black Institution to plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students;

(B) to expand higher education opportunities for students eligible to participate in programs under subchapter IV by encouraging college preparation and student persistence in secondary school and postsecondary education; and

(C) to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the students described in subparagraphs (A) and (B).

(2) Additional activitiesGrant funds provided under this section shall be used for one or more of the following activities:(A) The activities described in paragraphs (1) through (12) of section 1057(c) of this title.

(B) Academic instruction in disciplines in which Black Americans are underrepresented.

(C) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary school or secondary school in the State that shall include, as part of such program, preparation for teacher certification or licensure.

(D) 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.

(E) Other activities proposed in the application submitted pursuant to subsection (f) that—(i) contribute to carrying out the purpose of this section; and

(ii) are approved by the Secretary as part of the review and approval of an application submitted under subsection (f).

(3) Endowment fund(A) In generalA Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.

(B) Matching requirementIn order to be eligible to use grant funds in accordance with subparagraph (A), a Predominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.

(C) ComparabilityThe provisions of part C, 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 subparagraph (A).

(4) LimitationNot more than 50 percent of the grant funds provided to a Predominantly Black Institution under this section may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.

(e) Allotments to Predominantly Black Institutions(1) Federal Pell Grant basisFrom the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-half of that amount as the number of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal Pell Grant recipients at all such institutions at the end of such academic year.

(2) Graduates basisFrom the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such institution, bears to the total number of graduates for such academic year at all such institutions.

(3) Graduates seeking a higher degree basisFrom the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate’s degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.

(4) Minimum allotment(A) In generalNotwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section may not be less than $250,000.

(B) Insufficient amountIf the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under subparagraph (A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under subparagraph (A).

(5) ReallotmentThe amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary determines appropriate.

(f) ApplicationsEach Predominantly Black Institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(g) Application review processSection 1068b of this title shall not apply to applications under this section.

(h) Duration and carryoverAny grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury.

(i) Special rule on eligibilityNo Predominantly Black Institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.

(Pub. L. 89–329, title III, § 318, as added Pub. L. 110–315, title III, § 305(a), Aug. 14, 2008, 122 Stat. 3169; amended Pub. L. 111–39, title III, § 301(2), July 1, 2009, 123 Stat. 1937.)

Editorial Notes

References in TextThe Act of March 2, 1867, referred to in subsec. (b)(1)(F)(iii), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Provisions relating to authorization of appropriations are contained in section 8 of the Act, which is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables.
The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(C)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

Amendments2009—Subsec. (b)(1)(F). Pub. L. 111–39 added subpar. (F) and struck out former subpar. (F) which read as follows: “is not receiving assistance under part B or part A of subchapter V.”

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§ 1059f. Native American-serving, nontribal institutions(a) Program authorizedThe Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans and low-income individuals.

(b) DefinitionsIn this section:(1) Native AmericanThe term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States.

(2) Native American-serving, nontribal institutionThe term “Native American-serving, nontribal institution” means an institution of higher education, as defined in section 1001(a) of this title, that, at the time of application—(A) is an eligible institution under section 1058(b) of this title;

(B) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and

(C) is not a Tribal College or University (as defined in section 1059c of this title).

(c) Authorized activities(1) Types of activities authorizedGrants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans and low-income individuals.

(2) Examples of authorized activitiesSuch programs may include—(A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(C) support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;

(D) curriculum development and academic instruction;

(E) the purchase of library books, periodicals, microfilm, and other educational materials;

(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;

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

(H) academic tutoring and counseling programs and student support services; and

(I) education or counseling services designed to improve the financial and economic literacy of students or the students’ families.

(d) Application process(1) Institutional eligibilityA Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may reasonably require.

(2) Applications(A) Authority to submit applicationsAny institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an application for assistance under this section to the Secretary.

(B) Simplified and streamlined formatThe Secretary shall, to the extent possible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section.

(C) ContentAn application submitted under subparagraph (A) shall include—(i) a five-year plan for improving the assistance provided by the Native American-serving, nontribal institution to Native Americans and low-income individuals; and

(ii) such other information and assurances as the Secretary may reasonably require.

(3) Special rules(A) EligibilityNo Native American-serving, nontribal institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.

(B) ExemptionSection 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.

(C) DistributionIn awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.

(D) Minimum grant amountThe minimum amount of a grant under this section shall be $200,000.

(Pub. L. 89–329, title III, § 319, as added Pub. L. 110–315, title III, § 306, Aug. 14, 2008, 122 Stat. 3173.)

§ 1059g. Asian American and Native American Pacific Islander-serving institutions(a) Program authorizedThe Secretary shall provide grants and related assistance to Asian American and Native American Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.

(b) DefinitionsIn this section:(1) Asian AmericanThe term “Asian American” has the meaning given the term “Asian” in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).

(2) Asian American and Native American Pacific Islander-serving institutionThe term “Asian American and Native American Pacific Islander-serving institution” means an institution of higher education that—(A) is an eligible institution under section 1058(b) of this title; and

(B) at the time of application, has an enrollment of undergraduate students that is not less than 10 percent students who are Asian American or Native American Pacific Islander.

(3) Native American Pacific IslanderThe term “Native American Pacific Islander” means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.

(c) Authorized activities(1) Types of activities authorizedGrants awarded under this section shall be used by Asian American and Native American Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Asian Americans and Native American Pacific Islanders and low-income individuals.

(2) Examples of authorized activitiesSuch programs may include—(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;

(D) curriculum development and academic instruction;

(E) purchase of library books, periodicals, microfilm, and other educational materials;

(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management;

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

(H) academic tutoring and counseling programs and student support services;

(I) 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;

(J) establishing or improving an endowment fund;

(K) academic instruction in disciplines in which Asian Americans and Native American Pacific Islanders are underrepresented;

(L) conducting research and data collection for Asian American and Native American Pacific Islander populations and subpopulations;

(M) establishing partnerships with community-based organizations serving Asian Americans and Native American Pacific Islanders; and

(N) education or counseling services designed to improve the financial and economic literacy of students or the students’ families.

(d) Application process(1) Institutional eligibilityEach Asian American and Native American Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as the Secretary may reasonably require.

(2) ApplicationsAny institution that is determined by the Secretary to be an Asian American and Native American Pacific Islander-serving institution may submit an application for assistance under this section to the Secretary. Such application shall include—(A) a five-year plan for improving the assistance provided by the Asian American and Native American Pacific Islander-serving institution to Asian American and Native American Pacific Islander students and low-income individuals; and

(B) such other information and assurances as the Secretary may reasonably require.

(3) Special rules(A) EligibilityNo Asian American and Native American Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or subchapter V.

(B) ExemptionSection 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.

(C) DistributionIn awarding grants under this section, the Secretary shall—(i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and

(ii) give priority consideration to institutions for which not less than 10 percent of such institution’s Asian American and Native American Pacific Islander students are low-income individuals.

(Pub. L. 89–329, title III, § 320, as added Pub. L. 110–315, title III, § 307, Aug. 14, 2008, 122 Stat. 3175.)

Part B—Strengthening Historically Black Colleges and Universities
§ 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, low-income, 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.)

Editorial Notes

References in TextThe Morrill Act of 1862, referred to in par. (2), is act July 2, 1862, ch. 130, 12 Stat. 503, 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.

Prior ProvisionsA 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, 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, prior to repeal by Pub. L. 92–318, title I, § 139B(b), June 23, 1972, 86 Stat. 282.

Executive Documents

Executive Order No. 12320
Ex. Ord. No. 12320, Sept. 15, 1981, 46 F.R. 46107, which provided for the development of a Federal program to achieve a significant increase in the participation by historically Black colleges and universities in Federally sponsored programs, was revoked by Ex. Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, formerly set out below.

Executive Order No. 12677
Ex. Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, which provided for the development of a Federal program to achieve a significant increase in the participation by historically Black colleges and universities in Federally sponsored programs, was revoked by Ex. Ord. No. 12876, § 13, Nov. 1, 1993, 58 F.R. 58735, formerly set out below.

Executive Order No. 12876
Ex. Ord. No. 12876, Nov. 1, 1993, 58 F.R. 58735, which established in the Department of Education the President’s Board of Advisors on Historically Black Colleges and Universities, a Presidential advisory committee, was revoked by Ex. Ord. No. 13256, § 11, Feb. 12, 2002, 67 F.R. 6825, formerly set out below.

Executive Order No. 13256
Ex. Ord. No. 13256, Feb. 12, 2002, 67 F.R. 6823, which established in the Office of the Secretary of Education the President’s Board of Advisors on Historically Black Colleges and Universities, a Presidential advisory committee, was revoked by Ex. Ord. No. 13532, § 4(g), Feb. 26, 2010, 75 F.R. 9752, set out below.

Executive Order No. 13532
Ex. Ord. No. 13532, Feb. 26, 2010, 75 F.R. 9749, as amended by Ex. Ord. No. 13569, § 4, Apr. 5, 2011, 76 F.R. 19891, which established the White House Initiative on Historically Black Colleges and Universities and the President’s Board of Advisors on Historically Black Colleges and Universities, was revoked by Ex. Ord. No. 13779, § 4, Feb. 28, 2017, 82 F.R. 12501, set out below.

Ex. Ord. No. 13779. White House Initiative To Promote Excellence and Innovation at Historically Black Colleges and Universities
Ex. Ord. No. 13779, Feb. 28, 2017, 82 F.R. 12499, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance opportunities in higher education, it is hereby ordered as follows:
Section 1. Policy. Historically black colleges and universities (HBCUs) have made, and continue to make, extraordinary contributions to the general welfare and prosperity of our country. Established by visionary leaders, America’s HBCUs have, for more than 150 years, produced many of our Nation’s leaders in business, government, academia, and the military, and have helped create a black middle class. The Nation’s more than 100 HBCUs are located in 20 States, the District of Columbia, and the U.S. Virgin Islands, and serve more than 300,000 undergraduate, graduate, and professional students. These institutions are important engines of economic growth and public service, and they are proven ladders of intergenerational advancement.
A White House Initiative on HBCUs would: advance America’s full human potential; foster more and better opportunities in higher education; strengthen the capacity of HBCUs to provide the highest-quality education; provide equitable opportunities for HBCUs to participate in Federal programs; and increase the number of college-educated Americans who feel empowered and able to advance the common good at home and abroad.
Sec. 2. White House Initiative on HBCUs.
(a) Establishment. There is established the White House Initiative on Historically Black Colleges and Universities (Initiative), housed in the Executive Office of the President and led by an Executive Director designated by the President.
(b) Mission and Functions. The Initiative shall work with agencies, private-sector employers, educational associations, philanthropic organizations, and other partners to increase the capacity of HBCUs to provide the highest-quality education to an increasing number of students. The Initiative shall have two primary missions:
(i) increasing the private-sector role, including the role of private foundations, in:
(A) strengthening HBCUs through enhanced institutional planning and development, fiscal stability, and financial management; and
(B) upgrading institutional infrastructure, including the use of technology, to ensure the long-term viability of these institutions; and
(ii) enhancing HBCUs’ capabilities to serve our Nation’s young adults by:
(A) strengthening HBCUs’ ability to equitably participate in Federal programs and exploring new ways of improving the relationship between the Federal Government and HBCUs;
(B) fostering private-sector initiatives and public-private partnerships while promoting specific areas and centers of academic research and program-based excellence throughout HBCUs;
(C) improving the availability, dissemination, and quality of information concerning HBCUs in the public policy sphere;
(D) sharing administrative and programmatic best practices within the HBCU community;
(E) partnering with elementary and secondary education stakeholders to build a “cradle-to-college” pipeline; and
(F) convening an annual White House Summit on HBCUs to address, among other topics, matters related to the Initiative’s missions and functions.
(c) Federal Agency Plans.
(i) The Secretary of Education (Secretary), in consultation with the Executive Director, shall identify those agencies that regularly interact with HBCUs.
(ii) Each agency identified by the Secretary under subsection (c)(i) of this section shall prepare an annual plan (Agency Plan) describing its efforts to strengthen the capacity of HBCUs to participate in applicable Federal programs and initiatives. Where appropriate, each Agency Plan shall address, among other things, the agency’s proposed efforts to:
(A) establish how the agency intends to increase the capacity of HBCUs to compete effectively for grants, contracts, or cooperative agreements;
(B) identify Federal programs and initiatives where HBCUs are not well represented, and improve HBCUs’ participation in those programs and initiatives; and
(C) encourage public-sector, private-sector, and community involvement in improving the overall capacity of HBCUs.
(iii) The head of each agency identified in subsection (c)(i) of this section shall submit its Agency Plan to the Secretary and the Executive Director no later than 90 days after being so identified, and submit an updated Agency Plan annually thereafter.
(iv) To help fulfill the objectives of the Agency Plans, the head of each agency identified by the Secretary may provide, as appropriate, technical assistance and information to the Executive Director to enhance communication with HBCUs concerning the agency’s program activities and the preparation of applications or proposals for grants, contracts, or cooperative agreements.
(v) Each agency identified by the Secretary shall appoint a senior official to report directly to the agency head on that agency’s progress under this order, and to serve as liaison to the Initiative.
(d) Interagency Working Group. There is established an Interagency Working Group, which shall be chaired by the Executive Director and shall consist of one representative from each agency identified by the Secretary pursuant to subsection (c)(i) of this section, to help advance and coordinate the work required by this order.
Sec. 3. President’s Board of Advisors on HBCUs.
(a) Establishment. There is established in the Department of Education the President’s Board of Advisors on Historically Black Colleges and Universities (Board). The Board shall consist of not more than 25 members appointed by the President. The Board shall include the Secretary, the Executive Director, representatives of a variety of sectors—such as philanthropy, education, business, finance, entrepreneurship, innovation, and private foundations—and sitting HBCU presidents. The President shall designate one member of the Board to serve as its Chair, who shall help direct the Board’s work in coordination with the Secretary and in consultation with the Executive Director. The Chair shall also consult with the Executive Director regarding the time and location of the Board’s meetings, which shall take place at least once every 6 months.
(b) Mission and Functions. The Board shall advise the President, through the Initiative, on all matters pertaining to strengthening the educational capacity of HBCUs. In particular, the Board shall advise the President in the following areas:
(i) improving the identity, visibility, distinctive capabilities, and overall competitiveness of HBCUs;
(ii) engaging the philanthropic, business, government, military, homeland-security, and education communities in a national dialogue regarding new HBCU programs and initiatives;
(iii) improving the ability of HBCUs to remain fiscally secure institutions that can assist the Nation in achieving its educational goals and in advancing the interests of all Americans;
(iv) elevating the public awareness of, and fostering appreciation of, HBCUs; and
(v) encouraging public-private investments in HBCUs.
(c) Administration. The Department of Education shall provide funding and administrative support for the Board, consistent with applicable law and subject to the availability of appropriations. Members of the Board shall serve without compensation, but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law. Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Board, any functions of the President under that Act, except for those of reporting to the Congress, shall be performed by the Chair, in accordance with guidelines issued by the Administrator of General Services.
(d) Report. The Board shall report annually to the President on the Board’s progress in carrying out its duties under this section.
Sec. 4. Revocation of Executive Order. Executive Order 13532 of February 26, 2010 (Promoting Excellence, Innovation, and Sustainability at Historically Black Colleges and Universities), as amended, is revoked.
Sec. 5. General Provisions. (a) For the purposes of this order, “historically black colleges and universities” shall mean those institutions listed in 34 CFR 608.2.
(b) This order shall apply to executive departments and agencies designated by the Secretary. Those departments and agencies shall provide timely reports and such information as is required to effectively carry out the objectives of this order.
(c) The heads of executive departments and agencies shall assist and provide information to the Board, consistent with applicable law, as may be necessary to carry out the functions of the Board. Each executive department and agency shall bear its own expenses of participating in the Initiative.
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.

Extension of Term of President’s Board of Advisors on Historically Black Colleges and Universities
Term of President’s Board of Advisors on Historically Black Colleges and Universities extended until Sept. 30, 2021, by Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
Previous extensions of term of President’s Board of Advisors on Historically Black Colleges and Universities were contained in the following prior Executive Orders:
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, extended term until Sept. 30, 2013.
Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.
Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.
Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.
Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.
Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003.
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.
Ex. Ord. No. 13062, § 1(e), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999.
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997.

Determinations Regarding President’s Board of Advisors
Memorandum of the President of the United States, Aug. 17, 1990, 55 F.R. 46491, provided:
Memorandum for the Secretary of Education
By virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, including section 208 of title 18 of the United States Code and section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of Education my authority to make determinations under subsection (b) of section 208 of title 18, United States Code, for the members of the President’s Board of Advisors on Historically Black Colleges and Universities, established pursuant to Executive Order 12677 of April 28, 1989 [formerly set out above].
This memorandum shall be published in the Federal Register.

George Bush.

§ 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,,11 So in original. 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” shall be determined by the Secretary, in consultation with the Commissioner for Education Statistics 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; amended Pub. L. 100–369, § 10(c), July 18, 1988, 102 Stat. 838; Pub. L. 110–315, title III, § 308, Aug. 14, 2008, 122 Stat. 3177.)

Editorial Notes
Prior ProvisionsA 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.

Amendments2008—Par. (4). Pub. L. 110–315 inserted “, in consultation with the Commissioner for Education Statistics” before “and the Commissioner”.
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”.

§ 1062. Grants to institutions(a) General authorization; uses of fundsFrom amounts available under section 1068h(a)(2) of this title for 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, including purchase or rental of telecommunications technology equipment or services.

(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, 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 which will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education.

(12) Acquisition of real property in connection with the construction, renovation, or addition to or improvement of campus facilities.

(13) Education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under subchapter IV.

(14) Services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose.

(15) Other activities proposed in the application submitted pursuant to section 1063a of this title that—(A) contribute to carrying out the purposes of this part; and

(B) are approved by the Secretary as part of the review and acceptance of such application.

(b) Endowment fund(1) In generalAn institution may use not more than 20 percent of the grant funds provided under this part to establish or increase an endowment fund at the institution.

(2) Matching requirementIn order to be eligible to use grant funds in accordance with paragraph (1), the eligible institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with paragraph (1), for the establishment or increase of the endowment fund.

(3) ComparabilityThe provisions of part C 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).

(c) 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; 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; Pub. L. 102–325, title III, § 303(a), (b), July 23, 1992, 106 Stat. 474, 475; Pub. L. 103–208, § 2(a)(8), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 304(a), Oct. 7, 1998, 112 Stat. 1642; Pub. L. 110–315, title III, § 309, Aug. 14, 2008, 122 Stat. 3177; Pub. L. 111–39, title III, § 301(3), July 1, 2009, 123 Stat. 1937.)

Editorial Notes
Prior ProvisionsA 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.

Amendments2009—Subsec. (a). Pub. L. 111–39 substituted “for any fiscal year,” for “in any fiscal year” in introductory provisions.
2008—Subsec. (a). Pub. L. 110–315, § 309(1), substituted “section 1068h(a)(2)” for “section 1069f(a)(2)” in introductory provisions.
Subsec. (a)(12) to (15). Pub. L. 110–315, § 309(2), (3), added pars. (12) to (14) and redesignated former par. (12) as (15).
1998—Subsecs. (b), (c). Pub. L. 105–244, § 304(a)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c).
Subsec. (c)(3). Pub. L. 105–244, § 304(a)(3), struck out par. (3) which read as follows: “The Secretary shall not award a grant under this part for telecommunications technology equipment, facilities or services, if such equipment, facilities or services are available pursuant to section 396(k) of title 47.”
1993—Subsec. (b)(3). Pub. L. 103–208 realigned margin.
1992—Subsec. (a)(2). Pub. L. 102–325, § 303(a)(1), inserted “, including purchase or rental of telecommunications technology equipment or services” after “facilities”.
Subsec. (a)(5). Pub. L. 102–325, § 303(a)(2), inserted “, including telecommunications program materials” after “materials”.
Subsec. (a)(9) to (12). Pub. L. 102–325, § 303(a)(3), added pars. (9) to (12).
Subsec. (b)(3). Pub. L. 102–325, § 303(b), added par. (3).
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”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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 of 1992 AmendmentAmendment 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.

Effective Date of 1987 AmendmentAmendment 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.

§ 1063. Allotments to institutions(a) Allotment; Pell Grant basisFrom the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attendance at such institution at the end of the school year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipients at all part B institutions.

(b) Allotment; graduates basisFrom the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth that amount as the number of graduates for such school year at such institution bears to the total number of graduates for such school year at all part B institutions.

(c) Allotment; graduate and professional student basisFrom the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth of that amount as the percentage of graduates per institution, who are admitted to and in attendance at, within 5 years of graduation with a baccalaureate degree, a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented, bears to the percentage of such graduates per institution for all part B institutions.

(d) Minimum allotment(1) Notwithstanding subsections (a) through (c), and subject to subsection (h), if the amount of an award under this section for a part B institution, based on the data provided by the part B institution and the formula under subsections (a) through (c), would be—(A) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution an allotment in the amount of $500,000; and

(B) an amount that is equal to or less than $250,000, the Secretary shall award the part B institution an allotment in the amount of $250,000.

(2) If the amount appropriated pursuant to section 1068h(a)(2)(A) of this title for any fiscal year is not sufficient to pay the minimum allotment required by paragraph (1) to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocations shall be increased on the same basis as the basis on which they were reduced (until the amount allotted equals the minimum allotment required by paragraph (1)).

(e) ReallotmentThe amount of any part B institution’s allotment under subsection (a), (b), (c), or (d) for any fiscal year which the Secretary determines will not be required for such institution for the period such allotment is available shall be available for reallotment from time to time on such date during such period as the Secretary may determine to other part B institutions in proportion to the original allotment to such other institutions under this section for such fiscal year.

(f) Special merger rule(1) The Secretary shall permit any eligible institution for a grant under part B in any fiscal year prior to the fiscal year 1986 to apply for a grant under this part if the eligible institution has merged with another institution of higher education which is not so eligible or has merged with an eligible institution.

(2) The Secretary may establish such regulations as may be necessary to carry out the requirement of paragraph (1) of this subsection.

(g) Special rule for certain District of Columbia eligible institutionsIn any fiscal year that the Secretary determines that Howard University or the University of the District of Columbia will receive an allotment under subsections (b) and (c) of this section which is not in excess of amounts received by Howard University under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123), relating to annual authorization of appropriations for Howard University, or by the University of the District of Columbia under the District of Columbia Home Rule Act (87 Stat. 774) for such fiscal year, then Howard University and the University of the District of Columbia, as the case may be, shall be ineligible to receive an allotment under this section.

(h) Conditions for allotments(1) Student requirements for allotmentNotwithstanding any other provision of this section, a part B institution that would otherwise be eligible for funds under this part shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), if the part B institution, in the academic year preceding such fiscal year—(A) did not have any enrolled students who were Pell Grant recipients;

(B) did not graduate any students; or

(C) where appropriate, did not have any students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented.

(2) Data requirements for allotmentsNotwithstanding any other provision of this section, a part B institution shall not receive an allotment under this part for a fiscal year, including the minimum allotment under subsection (d), unless the institution provides the Secretary with the data required by the Secretary and for purposes of the formula described in subsections (a) through (c), including—(A) the number of Pell Grant recipients enrolled in the part B institution in the academic year preceding such fiscal year;

(B) the number of students who earned an associate or baccalaureate degree from the part B institution in the academic year preceding such fiscal year; and

(C) where appropriate, the percentage of students who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented in the academic year preceding such fiscal year.

(Pub. L. 89–329, title III, § 324, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 99–509, title VII, § 7007, Oct. 21, 1986, 100 Stat. 1950; Pub. L. 102–325, title III, § 303(c), (d), July 23, 1992, 106 Stat. 475; Pub. L. 105–33, title XI, § 11717(b), Aug. 5, 1997, 111 Stat. 786; Pub. L. 110–315, title III, § 310, Aug. 14, 2008, 122 Stat. 3177; Pub. L. 111–39, title III, § 301(4), July 1, 2009, 123 Stat. 1937.)

Editorial Notes

References in TextThe Act of March 2, 1867, referred to in subsec. (g), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Provisions relating to authorization of appropriations are contained in section 8 of the Act, which is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables.
The District of Columbia Home Rule Act, referred to in subsec. (g), is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774, as amended. For classification of this Act to the Code, see Tables.

Prior ProvisionsA prior section 1063, Pub. L. 89–329, title III, § 324, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395, related to Federal share of grants to institutions with special needs, prior to the general revision of this subchapter by Pub. L. 99–498.
Another prior section 1063, Pub. L. 89–329, title IV, § 403, Nov. 8, 1965, 79 Stat. 1233, related to duration of grant and eligibility for payments, 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.

Amendments2009—Subsec. (d). Pub. L. 111–39 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
2008—Subsec. (d). Pub. L. 110–315, § 310(a), amended subsec. (d) generally. Prior to amendment, text read as follows:
“(1) Notwithstanding subsections (a), (b), and (c) of this section, the amount allotted to each part B institution under this section shall not be less than $500,000.
“(2) If the amount appropriated pursuant to section 1069f(a)(2)(A) of this title for any fiscal year is not sufficient to pay the minimum allotment required by paragraph (1) of this subsection to all part B institutions, the amount of such minimum allotments shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allocation shall be increased on the same basis as they were reduced (until the amount allotted equals the minimum allotment required by paragraph (1)).”
Subsec. (h). Pub. L. 110–315, § 310(b), added subsec. (h).
1997—Subsec. (g). Pub. L. 105–33 substituted “District of Columbia Home Rule Act” for “District of Columbia Self-Government and Governmental Reorganization Act”.
1992—Subsec. (c). Pub. L. 102–325, § 303(c), inserted “, within 5 years of graduation with a baccalaureate degree,” after “in attendance at”.
Subsec. (d)(1). Pub. L. 102–325, § 303(d), substituted “$500,000” for “$350,000”.
1986—Subsec. (c). Pub. L. 99–509, § 7007(4), amended subsec. generally, substituting “percentage of graduates per institution” for “number of graduates” and “percentage of such graduates per institution” for “number of such graduates”.
Subsec. (d). Pub. L. 99–509, § 7007(1), (2), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 99–509, § 7007(1), (3), redesignated former subsec. (d) as (e), and substituted “subsection (a), (b), (c), or (d)” for “subsection (a), (b), or (c)”. Former subsec. (e) redesignated (f).
Subsecs. (f), (g). Pub. L. 99–509, § 7007(1), redesignated subsecs. (e) and (f) as (f) and (g), respectively.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1997 AmendmentAmendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure.

Effective Date of 1992 AmendmentAmendment 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.

§ 1063a. Applications(a) ContentsNo part B institution shall be entitled to its allotment of Federal funds for any grant under section 1063 of this title for any period unless that institution meets the requirements of subparagraphs (C), (D), and (E) 11 See References in Text note below. of section 1058(b)(1) of this title and submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall—(1) provide that the payments under this chapter will be used for the purposes set forth in section 1062 of this title; and

(2) provide for making an annual report to the Secretary and provide for—(A) conducting, except as provided in subparagraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this subchapter at least once every 2 years and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or

(B) with regard to an eligible institution which is audited under chapter 75 of title 31 deeming such audit to satisfy the requirements of subparagraph (A) for the period covered by such audit.

(b) ApprovalThe Secretary shall approve any application which meets the requirements of subsection (a) and shall not disapprove any application submitted under this part, or any modification thereof, without first affording such institution reasonable notice and opportunity for a hearing.

(c) Goals for financial management and academic programsAny application for a grant under this part shall describe measurable goals for the institution’s financial management and academic programs and include a plan of how the applicant intends to achieve those goals.

(Pub. L. 89–329, title III, § 325, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 100–50, § 2(a)(8), June 3, 1987, 101 Stat. 335; Pub. L. 102–325, title III, § 303(e), July 23, 1992, 106 Stat. 475.)

Editorial Notes

References in TextSection 1058(b)(1)(E) of this title, referred to in subsec. (a), was repealed and section 1058(b)(1)(F) was redesignated section 1058(b)(1)(E) by Pub. L. 102–325, title III, § 302(a)(1)(B), (C), July 23, 1992, 106 Stat. 472.

Amendments1992—Subsec. (c). Pub. L. 102–325 added subsec. (c).
1987—Subsec. (a)(1). Pub. L. 100–50 substituted “section 1062 of this title” for “section 1061 of this title”.

Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment 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.

Effective Date of 1987 AmendmentAmendment 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.

§ 1063b. Professional or graduate institutions(a) General authorization(1) Subject to the availability of funds appropriated to carry out this section, the Secretary shall award program grants to each of the postgraduate institutions listed in subsection (e) that is determined by the Secretary to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities in mathematics, engineering, or the physical or natural sciences for Black Americans.

(2) No grant in excess of $1,000,000 may be made under this section unless the postgraduate institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.

(b) DurationGrants shall be made for a period not to exceed 5 years. Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period.

(c) Uses of fundsA grant under this section may be used for—(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, including purchase or rental of telecommunications technology equipment or services;

(3) purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials;

(4) scholarships, fellowships, and other financial assistance for needy graduate and professional students to permit the enrollment of the students in and completion of the doctoral degree in medicine, dentistry, pharmacy, veterinary medicine, law, and the doctorate degree in the physical or natural sciences, engineering, mathematics, or other scientific disciplines in which African Americans are underrepresented;

(5) establishing or improving a development office to strengthen and increase contributions from alumni and the private sector;

(6) assisting in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 1065 of this title;

(7) funds and administrative management, and the acquisition of equipment, including software, for use in strengthening funds management and management information systems;

(8) acquisition of real property that is adjacent to the campus in connection with the construction, renovation, or addition to or improvement of campus facilities;

(9) education or financial information designed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student indebtedness and student assistance programs under subchapter IV;

(10) services necessary for the implementation of projects or activities that are described in the grant application and that are approved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose;

(11) tutoring, counseling, and student service programs designed to improve academic success; and

(12) other activities proposed in the application submitted under subsection (d) that—(A) contribute to carrying out the purposes of this part; and

(B) are approved by the Secretary as part of the review and acceptance of such application.

(d) ApplicationAny institution eligible for a grant under this section shall submit an application which—(1) demonstrates how the grant funds will be used to improve graduate educational opportunities for Black and low-income students, and lead to greater financial independence; and

(2) provides, in the case of applications for grants in excess of $1,000,000, the assurances required by subsection (a)(2) and specifies the manner in which the eligible institution is going to pay the non-Federal share of the cost of the application.

(e) Eligibility(1) In generalIndependent professional or graduate institutions and programs eligible for grants under subsection (a) are the following:(A) Morehouse School of Medicine;

(B) Meharry Medical School;

(C) Charles R. Drew Postgraduate Medical School;

(D) Clark-Atlanta University;

(E) Tuskegee University School of Veterinary Medicine and other qualified graduate programs;

(F) Xavier University School of Pharmacy and other qualified graduate programs;

(G) Southern University School of Law and other qualified graduate programs;

(H) Texas Southern University School of Law and School of Pharmacy and other qualified graduate programs;

(I) Florida A&M University School of Pharmaceutical Sciences and other qualified graduate programs;

(J) North Carolina Central University School of Law and other qualified graduate programs;

(K) Morgan State University qualified graduate program;

(L) Hampton University qualified graduate program;

(M) Alabama A&M qualified graduate program;

(N) North Carolina A&T State University qualified graduate program;

(O) University of Maryland Eastern Shore qualified graduate program;

(P) Jackson State University qualified graduate program;

(Q) Norfolk State University qualified graduate programs;

(R) Tennessee State University qualified graduate programs;

(S) Alabama State University qualified graduate programs;

(T) Prairie View A&M University qualified graduate programs;

(U) Delaware State University qualified graduate programs;

(V) Langston University qualified graduate programs;

(W) Bowie State University qualified graduate programs; and

(X) University of the District of Columbia David A. Clarke School of Law.

(2) Qualified graduate program(A) For the purposes of this section, the term “qualified graduate program” means a graduate or professional program that provides a program of instruction in law or in the physical or natural sciences, engineering, mathematics, psychometrics, or other scientific discipline in which African Americans are underrepresented and has students enrolled in such program at the time of application for a grant under this section.

(B) Notwithstanding the enrollment requirement contained in subparagraph (A), an institution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified graduate program.

(3) Special ruleInstitutions that were awarded grants under this section prior to October 1, 2008, shall continue to receive such grants, subject to the availability of appropriated funds, regardless of the eligibility of the institutions described in subparagraphs (S) through (X) of paragraph (1).

(4) One grant per institutionThe Secretary shall not award more than 1 grant under this section in any fiscal year to any institution of higher education.

(5) Institutional choiceThe president or chancellor of the institution may decide which graduate or professional school or qualified graduate program will receive funds under the grant in any 1 fiscal year, if the allocation of funds among the schools or programs is delineated in the application for funds submitted to the Secretary under this section.

(f) Funding ruleSubject to subsection (g), of the amount appropriated to carry out this section for any fiscal year—(1) the first $56,900,000 (or any lesser amount appropriated) shall be available only for the purposes of making grants to institutions or programs described in subparagraphs (A) through (R) of subsection (e)(1);

(2) any amount in excess of $56,900,000, but not in excess of $62,900,000, shall be available for the purpose of making grants to institutions or programs described in subparagraphs (S) through (X) of subsection (e)(1); and

(3) any amount in excess of $62,900,000, shall be made available to each of the institutions or programs identified in subparagraphs (A) through (X) 11 So in original. Probably should be “subparagraphs (A) to (X) of subsection (e)(1)”. pursuant to a formula developed by the Secretary that uses the following elements:(A) The ability of the institution to match Federal funds with non-Federal funds.

(B) The number of students enrolled in the programs for which the eligible institution received funding under this section in the previous year.

(C) The average cost of education per student, for all full-time graduate or professional students (or the equivalent) enrolled in the eligible professional or graduate school, or for doctoral students enrolled in the qualified graduate programs.

(D) The number of students in the previous year who received their first professional or doctoral degree from the programs for which the eligible institution received funding under this section in the previous year.

(E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds under this section to the total number of African Americans receiving graduate or professional degrees in the professions or disciplines related to the programs for the previous year.

(g) Hold harmless ruleNotwithstanding paragraphs (2) and (3) of subsection (f), no institution or qualified program identified in subsection (e)(1) that received a grant for fiscal year 2008 and that is eligible to receive a grant in a subsequent fiscal year shall receive a grant amount in any such subsequent fiscal year that is less than the grant amount received for fiscal year 2008, unless the amount appropriated is not sufficient to provide such grant amounts to all such institutions and programs, or the institution cannot provide sufficient matching funds to meet the requirements of this section.

(h) Interaction with other grant programsNo institution that is eligible for and receives an award under section 1102a, 1136a, or 1136b of this title for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year.

(Pub. L. 89–329, title III, § 326, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1297; amended Pub. L. 100–50, § 2(a)(9), (10), June 3, 1987, 101 Stat. 335; Pub. L. 102–325, title III, § 303(f)(1), (g), July 23, 1992, 106 Stat. 475, 476; Pub. L. 103–208, § 2(a)(9), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 104–141, § 2, May 6, 1996, 110 Stat. 1328; Pub. L. 105–244, title III, § 304(b), Oct. 7, 1998, 112 Stat. 1643; Pub. L. 110–315, title III, § 311, Aug. 14, 2008, 122 Stat. 3178.)

Editorial Notes
Amendments2008—Subsec. (b). Pub. L. 110–315, § 311(a), inserted at end “Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period.”
Subsec. (c)(5). Pub. L. 110–315, § 311(b)(1), substituted “establishing or improving” for “establish or improve”.
Subsec. (c)(6). Pub. L. 110–315, § 311(b)(2), substituted “assisting” for “assist” and struck out “and” after semicolon.
Subsec. (c)(8) to (12). Pub. L. 110–315, § 311(b)(3), (4), added pars. (8) to (12).
Subsec. (e)(1). Pub. L. 110–315, § 311(c)(1)(A), inserted a colon after “the following” in introductory provisions.
Subsec. (e)(1)(S) to (X). Pub. L. 110–315, § 311(c)(1)(B)–(D), added subpars. (S) to (X).
Subsec. (e)(2)(A). Pub. L. 110–315, § 311(c)(3), inserted “in law or” after “instruction” and substituted “mathematics, psychometrics, or” for “mathematics, or”.
Subsec. (e)(3). Pub. L. 110–315, § 311(c)(2), substituted “2008” for “1998” and “subparagraphs (S) through (X)” for “subparagraphs (Q) and (R)”.
Subsec. (e)(4). Pub. L. 110–315, § 311(c)(4), struck out “or university system” after “higher education”.
Subsec. (f)(1). Pub. L. 110–315, § 311(d)(1), substituted “$56,900,000” for “$26,600,000” and “through (R)” for “through (P)”.
Subsec. (f)(2). Pub. L. 110–315, § 311(d)(2), substituted “$56,900,000, but not in excess of $62,900,000” for “$26,600,000, but not in excess of $28,600,000” and “subparagraphs (S) through (X)” for “subparagraphs (Q) and (R)”.
Subsec. (f)(3). Pub. L. 110–315, § 311(d)(3), in introductory provisions, substituted “$62,900,000” for “$28,600,000” and “through (X)” for “through (R)”.
Subsec. (g). Pub. L. 110–315, § 311(e), substituted “2008” for “1998” in two places.
Subsec. (h). Pub. L. 110–315, § 311(f), added subsec. (h).
1998—Subsec. (a)(1). Pub. L. 105–244, § 304(b)(1)(A)(i), inserted “in mathematics, engineering, or the physical or natural sciences” after “graduate education opportunities”.
Subsec. (a)(2). Pub. L. 105–244, § 304(b)(1)(A)(ii), substituted “$1,000,000 may” for “$500,000 may” and “, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.” for “except that the Morehouse School of Medicine shall receive at least $3,000,000.”
Subsec. (c). Pub. L. 105–244, § 304(b)(2), added pars. (1) to (7) and struck out former pars. (1) to (3) which read as follows:
“(1) any of the purposes enumerated under section 1062 of this title;
“(2) to establish or improve a development office to strengthen and increase contributions from alumni and the private sector; and
“(3) to assist in the establishment or maintenance of an institutional endowment to facilitate financial independence pursuant to section 1065 of this title.”
Subsec. (d)(2). Pub. L. 105–244, § 304(b)(1)(B), substituted “$1,000,000” for “$500,000”.
Subsec. (e)(1). Pub. L. 105–244, § 304(b)(3)(A)(i), substituted “are the following” for “include—” in introductory provisions.
Subsec. (e)(1)(E) to (J). Pub. L. 105–244, § 304(b)(3)(A)(ii), inserted “and other qualified graduate programs” before semicolon at end.
Subsec. (e)(1)(P). Pub. L. 105–244, § 304(b)(3)(A)(iv)(I), inserted “University” after “State”.
Subsec. (e)(1)(Q), (R). Pub. L. 105–244, § 304(b)(3)(A)(iii), (iv)(II), (III), added subpars. (Q) and (R).
Subsec. (e)(2). Pub. L. 105–244, § 304(b)(3)(B), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “For the purposes of this section, the term ‘qualified graduate program’ means a graduate or professional program that—
“(A) provides a program of instruction in the physical or natural sciences, engineering, mathematics, or other scientific discipline in which African Americans are underrepresented; and
“(B) has students enrolled in such program at the time of application for a grant under this section.”
Subsec. (e)(3). Pub. L. 105–244, § 304(b)(3)(B), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “Graduate institutions that were awarded grants under this section prior to October 1, 1992 shall continue to receive such grant payments, regardless of the eligibility of the graduate institutions described in subparagraphs (F) through (P), until such grant period has expired or September 30, 1993, whichever is later.”
Subsec. (e)(5). Pub. L. 105–244, § 304(b)(3)(C), added par. (5).
Subsec. (f). Pub. L. 105–244, § 304(b)(4)(A), substituted “Subject to subsection (g), of the amount appropriated” for “Of the amount appropriated” in introductory provisions.
Subsec. (f)(1). Pub. L. 105–244, § 304(b)(4)(B), substituted “$26,600,000” for “$12,000,000” and “(A) through (P)” for “(A) through (E)”.
Subsec. (f)(2), (3). Pub. L. 105–244, § 304(b)(4)(C), added pars. (2) and (3) and struck out former par. (2) which read as follows: “any amount appropriated in excess of $12,000,000 shall be available—
“(A) for the purposes of making grants, in equal amounts not to exceed $500,000, to institutions or programs described in subparagraphs (F) through (P) of subsection (e)(1) of this section; and
“(B) secondly for the purposes of making grants to institutions or programs described in subparagraphs (A) through (P) of subsection (e)(1) of this section.”
Subsec. (g). Pub. L. 105–244, § 304(b)(5), added subsec. (g).
1996—Subsec. (b). Pub. L. 104–141 struck out at end “No more than two 5-year grants (for a period of not more than 10 years) may be made to any one undergraduate or postgraduate institution.”
1993—Subsec. (e)(2). Pub. L. 103–208 redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “has been accredited by a nationally recognized accrediting agency or association or has been approved by a nationally recognized approving agency; and”.
1992—Subsec. (e). Pub. L. 102–325, § 303(f)(1), substituted “Eligibility” for “Eligible professional or graduate institutions” in heading and amended text generally. Prior to amendment, text read as follows: “Independent professional or graduate institutions eligible for grants under subsection (a) of this section include—
“(1) Morehouse School of Medicine;
“(2) Meharry Medical School;
“(3) Charles R. Drew Postgraduate Medical School;
“(4) Atlanta University; and
“(5) Tuskegee Institute School of Veterinary Medicine.”
Subsec. (f). Pub. L. 102–325, § 303(g), added subsec. (f).
1987—Subsec. (a)(2). Pub. L. 100–50, § 2(a)(9), inserted “except that the Morehouse School of Medicine shall receive at least $3,000,000”.
Subsec. (c)(3). Pub. L. 100–50, § 2(a)(10), made technical amendment to reference to section 1065 of this title to correct reference to corresponding section of original act.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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 of 1992 AmendmentAmendment 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.

Effective Date of 1987 AmendmentAmendment 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.

Congressional FindingsPub. L. 104–141, § 1, May 6, 1996, 110 Stat. 1328, provided that:
“The Congress finds the following:
“(1) The Historically Black Graduate Professional Schools identified under section 326 of the Higher Education Act [20 U.S.C. 1063b] may receive grant funds if the Secretary of Education determines that such institutions make a substantial contribution to the legal, medical, dental, veterinary, or other graduate opportunity for African Americans.

“(2) The health professions schools which participate under section 326 train 50 percent of the Nation’s African American physicians, 50 percent of the Nation’s African American dentists, 50 percent of the Nation’s African American pharmacists, and 75 percent of the Nation’s African American veterinarians.

“(3) A majority of the graduates of these schools practice in poor urban and rural areas of the country providing care to many disadvantaged Americans.

“(4) The survival of these schools will contribute to the improved health status of disadvantaged persons, and of all Americans.”

§ 1063c. Reporting and audit requirements(a) RecordkeepingEach recipient of a grant under this part shall keep such records as the Secretary shall prescribe, including records which fully disclose—(1) the amount and disposition by such recipient of the proceeds of such assistance;

(2) the cost of the project or undertaking in connection with which such assistance is given or used;

(3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and

(4) such other records as will facilitate an effective audit.

(b) Use of unexpended fundsAny funds paid to an institution and not expended or used for the purposes for which the funds were paid during the five-year period following the date of the initial grant award, may be carried over and expended during the succeeding five-year period, if such funds were obligated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award.

(Pub. L. 89–329, title III, § 327, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298; amended Pub. L. 100–50, § 2(a)(11), June 3, 1987, 101 Stat. 335; Pub. L. 110–315, title III, § 312, Aug. 14, 2008, 122 Stat. 3180.)

Editorial Notes
Amendments2008—Subsec. (b). Pub. L. 110–315 amended subsec. (b) generally. Prior to amendment, text read as follows: “Any funds paid to an institution and not expended or used for the purposes for which the funds were paid within 10 years following the date of the initial grant awarded to an institution under part B of this subchapter shall be repaid to the Treasury of the United States.”
1987—Subsec. (a). Pub. L. 100–50 substituted “part” for “chapter” in introductory text.

Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment 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.

§ 1063d. Strengthening HBCUS through Federal agency plans(a) Designating applicable agenciesThe Secretary, in consultation with the Executive Director, shall—(1) identify each Federal agency with which an HBCU—(A) has entered into a grant, contract, or cooperative agreement; or

(B) is eligible to participate in the programs and initiatives under the jurisdiction of such Federal agency; and

(2) designate each Federal agency so identified as an applicable agency.

(b) Submitting agency plansNot later than February 1 of each year, the head of each applicable agency shall submit to the Secretary, the Executive Director, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the President’s Board of Advisors an annual Agency Plan describing efforts to strengthen the capacity of HBCUs to participate or be eligible to participate in the programs and initiatives under the jurisdiction of such applicable agency as described in subsection (a)(1)(B).

(c) Further requirements for submission and accessibilityThe Executive Director shall make all annual Agency Plan submissions publicly available online in a user-friendly format.

(d) Agency plan contentWhere appropriate, each Agency Plan shall include—(1) a description of how the applicable agency intends to increase the capacity of HBCUs to compete effectively for grants, contracts, or cooperative agreements;

(2) an identification of Federal programs and initiatives under the jurisdiction of the applicable agency in which HBCUs are underrepresented;

(3) an outline of proposed efforts to improve HBCUs’ participation in such programs and initiatives;

(4) a description of any progress made towards advancing or achieving goals and efforts from previous Agency Plans submitted under this section by such applicable agency;

(5) a description of how the applicable agency plans to encourage public-sector, private-sector, and community involvement to improve the capacity of HBCUs to compete effectively for grants, contracts, or cooperative agreements, and to participate in programs and initiatives under the jurisdiction of such agency;

(6) an identification of programs and initiatives not listed in a previous Agency Plan in which an HBCU may participate;

(7) any other information the applicable agency determines is relevant to promoting opportunities to fund, partner, contract, or otherwise interact with HBCUs; and

(8) any additional criteria established by the Secretary or the White House Initiative.

(e) Agency engagementTo help fulfill the objectives of the Agency Plans, the head of each applicable agency—(1) shall provide, as appropriate, technical assistance and information to the Executive Director to enhance communication with HBCUs concerning the applicable agency’s—(A) programs and initiatives described in subsection (d)(2); and

(B) the preparation of applications or proposals for grants, contracts, or cooperative agreements; and

(2) shall appoint a senior official to report directly to the agency head on the applicable agency’s progress under this section.

(Pub. L. 116–270, § 4, Dec. 31, 2020, 134 Stat. 3327.)

Editorial Notes
Codification
This section was enacted as part of the HBCU Propelling Agency Relationships Towards a New Era of Results for Students Act or the HBCU PARTNERS Act, and not as part of the Higher Education Act of 1965 which comprises this chapter.

Statutory Notes and Related Subsidiaries
Findings and PurposesPub. L. 116–270, § 2, Dec. 31, 2020, 134 Stat. 3325, provided that:
“(a) Findings.—Congress finds the following:“(1) As many colleges and universities across the country kept their doors closed to African American applicants, historically Black colleges and universities (referred to in this section as ‘HBCUs’) played a central role in ensuring that African Americans could attain an excellent education.

“(2) Today, HBCUs continue to play a critical role in ensuring that African Americans, and those of all races, can access high-quality educational opportunities.

“(3) HBCUs enroll nearly 300,000 students, an estimated 70 percent of whom come from low-income backgrounds and 80 percent of whom are African American.

“(4) According to the National Association For Equal Opportunity In Higher Education (referred to in this section as ‘NAFEO’), HBCUs make up just 3 percent of American institutions of higher education but serve more than a fifth of African American college students.

“(5) According to the Thurgood Marshall College Fund (referred to in this section as ‘TMCF’), approximately 9 percent of all African American college students attend HBCUs.

“(6) A March 2017 report from the Education Trust concluded that HBCUs have higher completion rates for African American students than other institutions serving similar student populations.

“(7) According to TMCF, 40 percent of African American Members of Congress, 50 percent of African American lawyers, and 80 percent of African American judges are graduates of HBCUs.

“(8) According to NAFEO, HBCUs graduate approximately 50 percent of African American public school teaching professionals.

“(9) According to the United Negro College Fund (referred to in this section as ‘UNCF’), African American graduates of HBCUs are almost twice as likely as African Americans who graduated from other institutions to report that their university prepared them well for life.

“(10) According to a study commissioned by UNCF, in 2014, HBCUs generated a total direct economic impact of $14,800,000,000 and created more than 134,000 jobs.

“(11) According to a 2019 report produced by the American Council on Education and UNCF, despite efforts to counter a historical legacy of inequitable funding and notable investments by the Federal Government and many State governments, resource inequities continue to plague HBCUs.

“(b) Purposes.—The purposes of this Act are—“(1) to strengthen the capacity and competitiveness of HBCUs to fulfill their principal mission of equalizing educational opportunity, as described in section 301(b) of the Higher Education Act of 1965 (20 U.S.C. 1051(b));

“(2) to align HBCUs with the educational and economic competitiveness priorities of the United States;

“(3) to provide students enrolled at HBCUs with the highest quality educational and economic opportunities;

“(4) to bolster and facilitate productive interactions between HBCUs and Federal agencies; and

“(5) to encourage HBCU participation in and benefit from Federal programs, grants, contracts, and cooperative agreements.”

Definitions
Pub. L. 116–270, § 3, Dec. 31, 2020, 134 Stat. 3326, provided that:
“In this Act [see Short Title of 2020 Amendment note set out under section 1001 of this title]:
“(1) Applicable agency.—The term ‘applicable agency’ means—“(A) the Department of Agriculture;

“(B) the Department of Commerce;

“(C) the Department of Defense;

“(D) the Department of Education;

“(E) the Department of Energy;

“(F) the Department of Health and Human Services;

“(G) the Department of Homeland Security;

“(H) the Department of Housing and Urban Development;

“(I) the Department of the Interior;

“(J) the Department of Justice;

“(K) the Department of Labor;

“(L) the Department of State;

“(M) the Department of Transportation;

“(N) the Department of Treasury;

“(O) the Department of Veterans Affairs;

“(P) the National Aeronautics and Space Administration;

“(Q) the National Oceanic and Atmospheric Administration;

“(R) the National Science Foundation;

“(S) the Small Business Administration; and

“(T) any other Federal agency designated as an applicable agency under section 4 [enacting this section].

“(2) Executive director.—The term ‘Executive Director’ means—“(A) the Executive Director of the White House Initiative on Historically Black Colleges and Universities, as designated by the President; or

“(B) if no such Executive Director is designated, such person as the President may designate to lead the White House Initiative on Historically Black Colleges and Universities.

“(3) HBCU.—The term ‘HBCU’ means a historically Black college or university.

“(4) Historically black college or university.—The term ‘historically Black college or university’ has the meaning given the term ‘part B institution’ under section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

“(5) President’s board of advisors.—The term ‘President’s Board of Advisors’ means the President’s Board of Advisors on historically Black colleges and universities.

“(6) Secretary.—Except as otherwise provided, the term ‘Secretary’ means the Secretary of Education.

“(7) White house initiative.—The term ‘White House Initiative’ means the White House Initiative on historically Black colleges and universities.”

§ 1063e. President’s Board of Advisors on HBCUS(a) Administration(1) In generalThere is established the President’s Board of Advisors on historically Black colleges and universities in the Department of Education or, if the President so elects, within the Executive Office of the President.

(2) Funding from ED 11 So in original.Except as provided in paragraph (3), the Secretary shall provide funding and administrative support for the President’s Board of Advisors, subject to the availability of appropriations.

(3) Funding from the Executive Office of the PresidentIf the President elects to locate the President’s Board of Advisors within the Executive Office of the President, the Executive Office of the President shall provide funding and administrative support for the President’s Board of Advisors, subject to the availability of appropriations.

(b) Membership(1) In generalThe President shall appoint not more than 23 members to the President’s Board of Advisors, and the Secretary and Executive Director or their designees shall serve as ex officio members.

(2) Chair(A) DesignationThe President shall designate one member of the President’s Board of Advisors to serve as its Chair, who shall help direct the Board’s work in coordination with the Secretary and in consultation with the Executive Director.

(B) ConsultationThe Chair shall also consult with the Executive Director regarding the time and location of meetings of the President’s Board of Advisors, which shall take place not less frequently than once every 6 months.

(C) PerformanceInsofar as the Federal Advisory Committee Act (5 U.S.C. App.) may apply to the President’s Board of Advisors, any functions of the President under such Act, except for those of reporting to the Congress, shall be performed by the Chair, in accordance with guidelines issued by the Administrator of General Services.

(3) CompensationMembers of the President’s Board of Advisors shall serve without compensation, but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law.

(c) Mission and functionsThe President’s Board of Advisors shall advise the President, through the White House Initiative, on all matters pertaining to strengthening the educational capacity of HBCUs, which shall include the following:(1) Improving the identity, visibility, distinctive capabilities, and overall competitiveness of HBCUs.

(2) Engaging the philanthropic, business, government, military, homeland-security, and education communities in a national dialogue regarding new HBCU programs and initiatives.

(3) Improving the ability of HBCUs to remain fiscally secure institutions that can assist the Nation in achieving its educational goals and in advancing the interests of all Americans.

(4) Elevating the public awareness of, and fostering appreciation of, HBCUs.

(5) Encouraging public-private investments in HBCUs.

(6) Improving government-wide strategic planning related to HBCU competitiveness to align Federal resources and provide the context for decisions about HBCU partnerships, investments, performance goals, priorities, human capital development, and budget planning.

(d) ReportThe President’s Board of Advisors shall report annually to the President on the Board’s progress in carrying out its duties under this section.

(Pub. L. 116–270, § 5, Dec. 31, 2020, 134 Stat. 3328.)

Editorial Notes

References in TextThe Federal Advisory Committee Act, referred to in subsec. (b)(2)(C), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

Codification
This section was enacted as part of the HBCU Propelling Agency Relationships Towards a New Era of Results for Students Act or the HBCU PARTNERS Act, and not as part of the Higher Education Act of 1965 which comprises this chapter.

Part C—Endowment Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B
§ 1064. Repealed. Pub. L. 102–325, title III, § 304(a)(2), July 23, 1992, 106 Stat. 476

Section, Pub. L. 89–329, title III, § 331, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298, related to establishment of challenge grant program.

A prior section 1064, Pub. L. 89–329, title III, § 331, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395; amended Pub. L. 97–35, title V, § 516(c)(2), Aug. 13, 1981, 95 Stat. 447, established a challenge grant program, prior to the general revision of this subchapter by Pub. L. 99–498.

Another prior section 1064, Pub. L. 89–329, title IV, § 404, Nov. 8, 1965, 79 Stat. 1233, related to time and manner of making application for grant, selection of recipients and conditions precedent to award, 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.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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.

§ 1065. Endowment challenge grants(a) Purpose; definitions(1) The purpose of this section is to establish a program to provide matching grants to eligible institutions in order to establish or increase endowment funds at such institutions, to provide additional incentives to promote fund raising activities by such institutions, and to foster increased independence and self-sufficiency at such institutions.

(2) For the purpose of this section:(A) The term “endowment fund” means a fund established by State law, by an institution of higher education, or by a foundation which is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, but which shall not include real estate.

(B) The term “endowment fund corpus” means an amount equal to the grant or grants awarded under this section plus an amount equal to such grant or grants provided by the institution.

(C) The term “endowment fund income” means an amount equal to the total value of the endowment fund established under this section minus the endowment fund corpus.

(D)(i) The term “eligible institution” means an institution that is an—(I) eligible institution under part A or would be considered to be such an institution if section 1058(b)(1)(C) of this title referred to a postgraduate degree rather than a bachelor’s degree;

(II) institution eligible for assistance under part B or would be considered to be such an institution if section 1063 of this title referred to a postgraduate degree rather than a baccalaureate degree; or

(III) institution of higher education that makes a substantial contribution to postgraduate medical educational opportunities for minorities and the economically disadvantaged.

(ii) The Secretary may waive the requirements of subclauses (I) and (II) of clause (i) with respect to a postgraduate degree in the case of any institution otherwise eligible under clause (i) for an endowment challenge grant upon determining that the institution makes a substantial contribution to medical education opportunities for minorities and the economically disadvantaged.

(b) Grants authorized(1) From sums available for this section under section 1068h of this title, the Secretary is authorized to award endowment challenge grants to eligible institutions to establish or increase an endowment fund at such institution. Such grants shall be made only to eligible institutions described in paragraph (4) whose applications have been approved pursuant to subsection (g).

(2)(A) Except as provided in subparagraph (B), no institution shall receive a grant under this section, unless such institution has deposited in its endowment fund established under this section an amount equal to the amount of such grant. The source of funds for this institutional match shall not include Federal funds or funds from an existing endowment fund.

(B) The Secretary may make a grant under this part to an eligible institution in any fiscal year if the institution—(i) applies for a grant in an amount not exceeding $1,000,000; and

(ii) has deposited in the eligible institution’s endowment fund established under this section an amount which is equal to ½ of the amount of such grant.

(C) An eligible institution of higher education that is awarded a grant under subparagraph (B) shall not be eligible to receive an additional grant under subparagraph (B) until 10 years after the date on which the grant period terminates.

(3) The period of a grant under this section shall be not more than 20 years. During the grant period, an institution may not withdraw or expend any of the endowment fund corpus. After the termination of the grant period, an institution may use the endowment fund corpus plus any endowment fund income for any educational purpose.

(4)(A) An institution of higher education is eligible to receive a grant under this section if it is an eligible institution as described in subsection (a)(2)(D) of this section.

(B) No institution shall be ineligible for an endowment challenge grant under this section for a fiscal year by reason of the previous receipt of such a grant but no institution shall be eligible to receive such a grant for more than 2 fiscal years out of any period of 5 consecutive fiscal years.

(5) An endowment challenge grant awarded under this section to an eligible institution shall be in an amount which is not less than $100,000 in any fiscal year.

(6)(A) An eligible institution may designate a foundation, which was established for the purpose of raising money for the institution, as the recipient of the grant awarded under this section.

(B) The Secretary shall not award a grant to a foundation on behalf of an institution unless—(i) the institution assures the Secretary that the foundation is legally authorized to receive the endowment fund corpus and is legally authorized to administer the fund in accordance with this section and any implementing regulation;

(ii) the foundation agrees to administer the fund in accordance with the requirements of this section and any implementing regulation; and

(iii) the institution agrees to be liable for any violation by the foundation of the provisions of this section and any implementing regulation, including any monetary liability that may arise as a result of such violation.

(c) Grant agreement; endowment fund provisions(1) An institution awarded a grant under this section shall enter into an agreement with the Secretary containing satisfactory assurances that it will (A) immediately comply with the matching requirements of subsection (b)(2), (B) establish an endowment fund independent of any other such fund of the institution, (C) invest the endowment fund corpus, and (D) meet the other requirements of this section.

(2)(A) An institution shall invest the endowment fund corpus and endowment fund income in low-risk securities in which a regulated insurance company may invest under the law of the State in which the institution is located such as a federally insured bank savings account or comparable interest-bearing account, certificate of deposit, money market fund, mutual fund, or obligations of the United States.

(B) The institution, in investing the endowment fund established under this section, shall exercise the judgment and care, under the circumstances then prevailing, which a person of prudence, discretion, and intelligence would exercise in the management of such person’s own affairs.

(3)(A) An institution may withdraw and expend the endowment fund income to defray any expenses necessary to the operation of such college, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, and technical assistance.

(B)(i) Except as provided in clause (ii), an institution may not spend more than 50 percent of the total aggregate endowment fund income earned prior to the time of expenditure.

(ii) The Secretary may permit an institution to spend more than 50 percent of the endowment fund income notwithstanding clause (i) if the institution demonstrates such an expenditure is necessary because of (I) a financial emergency, such as a pending insolvency or temporary liquidity problem; (II) a life-threatening situation occasioned by a natural disaster or arson; or (III) any other unusual occurrence or exigent circumstance.

(d) Repayment provisions(1) If at any time an institution withdraws part of the endowment fund corpus, the institution shall repay to the Secretary an amount equal to 50 percent of the withdrawn amount, which represents the Federal share, plus income earned thereon. The Secretary may use such repaid funds to make additional challenge grants, or to increase existing endowment grants, to other eligible institutions.

(2) If an institution expends more of the endowment fund income than is permitted under subsection (c), the institution shall repay the Secretary an amount equal to 50 percent of the amount improperly expended (representing the Federal share thereof). The Secretary may use such repaid fund to make additional challenge grants, or to increase existing challenge grants, to other eligible institutions.

(e) Audit informationAn institution receiving a grant under this section shall provide to the Secretary (or a designee thereof) such information (or access thereto) as may be necessary to audit or examine expenditures made from the endowment fund corpus or income in order to determine compliance with this section.

(f) Selection criteriaIn selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall—(1) give priority to an applicant that is receiving assistance under part A or part B or has received a grant under part A of this subchapter or part B of this subchapter within the 5 fiscal years preceding the fiscal year in which the applicant is applying for a grant under this section;

(2) give priority to an applicant with a greater need for such a grant, based on the current market value of the applicant’s existing endowment in relation to the number of full-time equivalent students enrolled at such institution; and

(3) consider—(A) the effort made by the applicant to build or maintain its existing endowment fund; and

(B) the degree to which an applicant proposes to match the grant with nongovernmental funds.

(g) ApplicationAny institution which is eligible for assistance under this section may submit to the Secretary a grant application at such time, in such form, and containing such information as the Secretary may prescribe, including a description of the long- and short-term plans for raising and using the funds under this part. Subject to the availability of appropriations to carry out this section and consistent with the requirement of subsection (f), the Secretary may approve an application for a grant if an institution, in its application, provides adequate assurances that it will comply with the requirements of this section.

(h) Termination and recovery provisions(1) After notice and an opportunity for a hearing, the Secretary may terminate and recover a grant awarded under this section if the grantee institution—(A) expends portions of the endowment fund corpus or expends more than the permissible amount of the endowment funds income as prescribed in subsection (c)(3);

(B) fails to invest the endowment fund in accordance with the investment standards set forth in subsection (c)(2); or

(C) fails to properly account to the Secretary concerning the investment and expenditures of the endowment funds.

(2) If the Secretary terminates a grant under paragraph (1), the grantee shall return to the Secretary an amount equal to the sum of each original grant under this section plus income earned thereon. The Secretary may use such repaid funds to make additional endowment grants, or to increase existing challenge grants, to other eligible institutions under this part.

(i) Technical assistanceThe Secretary, directly or by grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this section.

(Pub. L. 89–329, title III, § 331, formerly § 332, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1299; amended Pub. L. 100–50, § 2(a)(12), June 3, 1987, 101 Stat. 336; renumbered § 331 and amended Pub. L. 102–325, title III, § 304(a)(3), (b), July 23, 1992, 106 Stat. 476; Pub. L. 103–208, § 2(a)(8), (10), (11), Dec. 20, 1993, 107 Stat. 2457, 2458; Pub. L. 105–244, title III, § 305, Oct. 7, 1998, 112 Stat. 1646; Pub. L. 110–315, title III, § 313, Aug. 14, 2008, 122 Stat. 3180.)

Editorial Notes
Prior ProvisionsA prior section 331 of Pub. L. 89–329, title III, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298, related to establishment of challenge grant program, was classified to section 1064 of this title prior to repeal by Pub. L. 102–325, § 304(a)(2).
A prior section 1065, Pub. L. 89–329, title III, § 332, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1396, related to applications for challenge grants, prior to the general revision of this subchapter by Pub. L. 99–498.
Another prior section 1065, Pub. L. 89–329, title IV, § 405, Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90–575, title I, § 101(b)(2), Oct. 16, 1968, 82 Stat. 1017, related to allotment and reallotment of funds among the States, 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.
A prior section 1065a, Pub. L. 89–329, title III, § 333, as added Pub. L. 98–95, § 2, Sept. 26, 1983, 97 Stat. 708, established program of matching grants to increase endowments at eligible institutions of higher education, prior to the general revision of this subchapter by Pub. L. 99–498.

Amendments2008—Subsec. (b)(2)(B)(i). Pub. L. 110–315, § 313(a)(1), substituted “$1,000,000” for “$500,000”.
Subsec. (b)(5). Pub. L. 110–315, § 313(a)(2), substituted “$100,000” for “$50,000”.
Subsec. (i). Pub. L. 110–315, § 313(b), added subsec. (i).
1998—Subsec. (b)(1). Pub. L. 105–244, § 305(1), substituted “section 1068h” for “section 1069f”.
Subsec. (b)(2)(B), (C). Pub. L. 105–244, § 305(2), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which authorized Secretary to make grants under this part to eligible institutions in amounts which varied depending on amount appropriated in each fiscal year to carry out this part and limited rights of institutions to reapply for grants when amount appropriated was below specified amounts.
1993—Subsecs. (a)(2)(D), (b)(2)(B), (C), (5). Pub. L. 103–208 realigned margins and in subsec. (b)(5) substituted “An endowment” for “an endowment”.
1992—Subsec. (a)(1). Pub. L. 102–325, § 304(b)(1)(A), struck out “of higher education” after “eligible institutions”.
Subsec. (a)(2)(D). Pub. L. 102–325, § 304(b)(1)(B), added subpar. (D).
Subsec. (b)(1). Pub. L. 102–325, § 304(b)(2), inserted “endowment” before “challenge grants” and struck out “of higher education” after “eligible institutions”.
Subsec. (b)(2)(B), (C). Pub. L. 102–325, § 304(b)(3), amended subpars. (B) and (C) generally. Prior to amendment, subpars. (B) and (C) read as follows:
“(B) In any fiscal year in which the appropriations for this part exceeds $10,000,000, the Secretary may make a grant under this part to an eligible institution of higher education if such institution—
“(i) has deposited in its endowment fund established under this section an amount which is equal to one-half of the amount of such grant; and
“(ii) applies for a grant in an amount exceeding $1,000,000.
“(C) An eligible institution of higher education that is awarded a grant under this section shall not be eligible to reapply for a grant under this section during the 10 years immediately following the period that it received such grant.”
Subsec. (b)(4)(A). Pub. L. 102–325, § 304(b)(4), substituted “subsection (a)(2)(D) of this section” for “section 1064(a)(1) of this title”.
Subsec. (b)(4)(B). Pub. L. 102–325, § 304(b)(5), substituted “an endowment challenge grant” for “a challenge grant”.
Subsec. (b)(5). Pub. L. 102–325, § 304(b)(6), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “Except as provided in paragraph (2)(B), a challenge grant under this section to an eligible institution year shall—
“(A) not be less than $50,000 for any fiscal year; and
“(B) not be more than (i) $250,000 for fiscal year 1987; or (ii) $500,000 for fiscal year 1988 or any succeeding fiscal year.”
Subsec. (f)(1). Pub. L. 102–325, § 304(b)(7), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “give priority to an applicant which is a recipient of a grant made under part A or B of this subchapter (or section 1069a of this title) during the academic year in which the applicant is applying for a grant under this section;”.
Subsec. (g). Pub. L. 102–325, § 304(b)(8), inserted “, including a description of the long- and short-term plans for raising and using the funds under this part” before period at end of first sentence.
1987—Subsec. (f)(1). Pub. L. 100–50 inserted “(or section 1069a of this title)”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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 of 1992 AmendmentAmendment 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.

Effective Date of 1987 AmendmentAmendment 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.

Part D—Historically Black College and University Capital Financing

Editorial Notes
Codification
Pub. L. 105–244, title III, § 301(a)(3), Oct. 7, 1998, 112 Stat. 1636, redesignated part B of subchapter VII of this chapter as part D of subchapter III of this chapter.

Prior ProvisionsA prior part D, consisting of sections 1066 to 1069, 1069b to 1069d, and 1069f, was redesignated part F (§ 1068 et seq.) of this subchapter by Pub. L. 105–244, title III, § 301(a)(1), Oct. 7, 1998, 112 Stat. 1636.

§ 1066. Findings
The Congress finds that—(1) a significant part of the Federal mission in education has been to attain equal opportunity in higher education for low-income, educationally disadvantaged Americans and African Americans;

(2) the Nation’s historically Black colleges and universities have played a prominent role in American history and have an unparalleled record of fostering the development of African American youth by recognizing their potential, enhancing their academic and technical skills, and honing their social and political skills through higher education;

(3) the academic and residential facilities on the campuses of all historically Black colleges and universities have suffered from neglect, deferred maintenance and are in need of capital improvements in order to provide appropriate settings for learning and social development through higher education;

(4) due to their small enrollments, limited endowments and other financial factors normally considered by lenders in construction financing, historically Black colleges and universities often lack access to the sources of funding necessary to undertake the necessary capital improvements through borrowing and bond financing;

(5) despite their track record of long-standing and remarkable institutional longevity and viability, historically Black colleges and universities often lack the financial resources necessary to gain access to traditional sources of capital financing such as bank loans and bond financing; and

(6) Federal assistance to facilitate low-cost capital basis for historically Black colleges and universities will enable such colleges and universities to continue and expand their educational mission and enhance their significant role in American higher education.

(Pub. L. 89–329, title III, § 341, formerly title VII, § 721, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 741; renumbered title III, § 341, Pub. L. 105–244, title III, § 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636.)

Editorial Notes
Codification
Section was formerly classified to section 1132c of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 1066, Pub. L. 89–329, title III, § 351, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1302, and amended, which related to applications for assistance under this subchapter, was renumbered section 391 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068 of this title.
Another prior section 1066, Pub. L. 89–329, title III, § 341, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1396, related to applications for assistance, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1066, Pub. L. 89–329, title IV, § 406, Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90–575, title I, § 101(b)(2), Oct. 16, 1968, 82 Stat. 1017, related to allocation of allotted funds to institutions, filing dates for application, criteria for making allocations, additional allocations and payments, prior to the general amendment 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.

Statutory Notes and Related Subsidiaries
Effective DatePart 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.

§ 1066a. Definitions
For the purposes of this part:(1) The term “eligible institution” means a “part B institution” as that term is defined in section 1061(2) of this title.

(2) The term “loan” means a loan made to an eligible institution under the provisions of this part and pursuant to an agreement with the Secretary.

(3) The term “qualified bond” means any obligation issued by the designated bonding authority at the direction of the Secretary, the net proceeds of which are loaned to an eligible institution for the purposes described in section 1066b(b) of this title.

(4) The term “funding” means any payment under this part from the Secretary to the eligible institution or its assignee in fulfillment of the insurance obligations of the Secretary pursuant to an agreement under section 1066b of this title.

(5) The term “capital project” means, subject to section 1066c(b) of this title, the repair, renovation, or, in exceptional circumstances, the construction or acquisition, of—(A) any classroom facility, library, laboratory facility, dormitory (including dining facilities) or other facility customarily used by colleges and universities for instructional or research purposes or for housing students, faculty, and staff;

(B) a facility for the administration of an educational program, or a student center or student union, except that not more than 5 percent of the loan proceeds provided under this part may be used for the facility, center or union if the facility, center or union is owned, leased, managed, or operated by a private business, that, in return for such use, makes a payment to the eligible institution;

(C) instructional equipment, technology, research instrumentation, and any capital equipment or fixture related to facilities described in subparagraph (A);

(D) a maintenance, storage, or utility facility that is essential to the operation of a facility, a library, a dormitory, equipment, instrumentation, a fixture, real property or an interest therein, described in this paragraph;

(E) a facility designed to provide primarily outpatient health care for students or faculty;

(F) physical infrastructure essential to support the projects authorized under this paragraph, including roads, sewer and drainage systems, and water, power, lighting, telecommunications, and other utilities;

(G) any other facility, equipment or fixture which is essential to the maintaining of accreditation of the member institution by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of subchapter IV; and

(H) any real property or interest therein underlying facilities described in subparagraph (A) or (G).

(6) The term “interest” includes accredited value or any other payment constituting interest on an obligation.

(7) The term “outstanding”, when used with respect to bonds, shall not include bonds the payment of which shall have been provided for by the irrevocable deposit in trust of obligations maturing as to principal and interest in such amounts and at such times as will ensure the availability of sufficient moneys to make payments on such bonds.

(8) The term “designated bonding authority” means the private, for-profit corporation selected by the Secretary pursuant to section 1066d(1) of this title for the purpose of issuing taxable capital project construction bonds in furtherance of the purposes of this part.

(9) The term “Advisory Board” means the Advisory Board established by section 1066f of this title.

(Pub. L. 89–329, title III, § 342, formerly title VII, § 722, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 742; renumbered title III, § 342, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(4), 306(a), Oct. 7, 1998, 112 Stat. 1636, 1637, 1646; Pub. L. 110–315, title III, §§ 314(a), 320(1), Aug. 14, 2008, 122 Stat. 3180, 3187.)

Editorial Notes
Codification
Section was formerly classified to section 1132c–1 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 342 of Pub. L. 89–329 was classified to section 1067 of this title prior to the general amendment of this subchapter by Pub. L. 99–498.

Amendments2008—Par. (5). Pub. L. 110–315, § 320(1)(A), inserted a comma after “1066c(b) of this title” in introductory provisions.
Par. (5)(C). Pub. L. 110–315, § 320(1)(B), substituted “equipment, technology,” for “equipment technology,,”.
Par. (5)(G). Pub. L. 110–315, § 314(a)(1), substituted “by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of subchapter IV” for “by a nationally recognized accrediting agency or association”.
Par. (8). Pub. L. 110–315, § 314(a)(2), inserted “capital project” after “issuing taxable”.
1998—Par. (3). Pub. L. 105–244, § 301(c)(4)(A), substituted “section 1066b(b)” for “section 1132c–2(b)”.
Par. (4). Pub. L. 105–244, § 301(c)(4)(B), substituted “section 1066b” for “section 1132c–2”.
Par. (5). Pub. L. 105–244, § 301(c)(4)(C), substituted “section 1066c(b)” for “section 1132c–3(b)” in introductory provisions.
Par. (5)(B). Pub. L. 105–244, § 306(a)(2), added subpar. (B). Former subpar. (B) redesignated (C).
Par. (5)(C). Pub. L. 105–244, § 306(a)(1), (3), redesignated subpar. (B) as (C) and inserted “technology,” after “instructional equipment”. Former subpar. (C) redesignated (G).
Par. (5)(D) to (F). Pub. L. 105–244, § 306(a)(4), added subpars. (D) to (F). Former subpar. (D) redesignated (H).
Par. (5)(G). Pub. L. 105–244, § 306(a)(1), redesignated subpar. (C) as (G).
Par. (5)(H). Pub. L. 105–244, § 306(a)(1), (5), redesignated subpar. (D) as (H) and substituted “(G)” for “(C)”.
Par. (8). Pub. L. 105–244, § 301(c)(4)(D), substituted “section 1066d(1)” for “section 1132c–4(1)”.
Par. (9). Pub. L. 105–244, § 301(c)(4)(E), substituted “section 1066f” for “section 1132c–6”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 1066b. Federal insurance for bonds(a) General ruleSubject to the limitations in section 1066c of this title, the Secretary is authorized to enter into insurance agreements to provide financial insurance to guarantee the full payment of principal and interest on qualified bonds upon the conditions set forth in subsections (b), (c) and (d).

(b) Responsibilities of designated bonding authorityThe Secretary may not enter into an insurance agreement described in subsection (a) unless the Secretary designates a qualified bonding authority in accordance with sections 1066d(1) and 1066e 11 See References in Text note below. of this title and the designated bonding authority agrees in such agreement to—(1) use the proceeds of the qualified bonds, less costs of issuance not to exceed 2 percent of the principal amount thereof, to make loans to eligible institutions or for deposit into an escrow account for repayment of the bonds;

(2) provide in each loan agreement with respect to a loan that not less than 95 percent of the proceeds of the loan will be used—(A) to finance the repair, renovation, and, in exceptional cases, construction or acquisition, of a capital project; or

(B) to refinance an obligation the proceeds of which were used to finance the repair, renovation, and, in exceptional cases, construction or acquisition, of a capital project;

(3)(A) charge such interest on loans, and provide for such a schedule of repayments of loans, as will, upon the timely repayment of the loans, provide adequate and timely funds for the payment of principal and interest on the bonds; and

(B) require that any payment on a loan expected to be necessary to make a payment of principal and interest on the bonds be due not less than 60 days prior to the date of the payment on the bonds for which such loan payment is expected to be needed;

(4) prior to the making of any loan, provide for a credit review of the institution receiving the loan and assure the Secretary that, on the basis of such credit review, it is reasonable to anticipate that the institution receiving the loan will be able to repay the loan in a timely manner pursuant to the terms thereof;

(5) provide in each loan agreement with respect to a loan that, if a delinquency on such loan results in a funding under the insurance agreement, the institution obligated on such loan shall repay the Secretary, upon terms to be determined by the Secretary, for such funding;

(6) assign any loans to the Secretary, upon the demand of the Secretary, if a delinquency on such loan has required a funding under the insurance agreement;

(7) in the event of a delinquency on a loan, engage in such collection efforts as the Secretary shall require for a period of not less than 45 days prior to requesting a funding under the insurance agreement;

(8) establish an escrow account—(A) into which each eligible institution shall deposit 5 percent of the proceeds of any loan made under this part, with each eligible institution required to maintain in the escrow account an amount equal to 5 percent of the outstanding principal of all loans made to such institution under this part; and

(B) the balance of which—(i) shall be available to the Secretary to pay principal and interest on the bonds in the event of delinquency in loan repayment; and

(ii) shall be used to return to an eligible institution an amount equal to any remaining portion of such institution’s 5 percent deposit of loan proceeds within 120 days following scheduled repayment of such institution’s loan;

(9) provide in each loan agreement with respect to a loan that, if a delinquency on such loan results in amounts being withdrawn from the escrow account to pay principal and interest on bonds, subsequent payments on such loan shall be available to replenish such escrow account;

(10) comply with the limitations set forth in section 1066c of this title;

(11) make loans only to eligible institutions under this part in accordance with conditions prescribed by the Secretary to ensure that loans are fairly allocated among as many eligible institutions as possible, consistent with making loans of amounts that will permit capital projects of sufficient size and scope to significantly contribute to the educational program of the eligible institutions; and

(12) limit loan collateralization, with respect to any loan made under this part, to 100 percent of the loan amount, except as otherwise required by the Secretary.

(c) Additional agreement provisionsAny insurance agreement described in subsection (a) of this section shall provide as follows:(1) The payment of principal and interest on bonds shall be insured by the Secretary until such time as such bonds have been retired or canceled.

(2) The Federal liability for delinquencies and default for bonds guaranteed under this part shall only become effective upon the exhaustion of all the funds held in the escrow account described in subsection (b)(8).

(3) The Secretary shall create a letter of credit authorizing the Department of the Treasury to disburse funds to the designated bonding authority or its assignee.

(4) The letter of credit shall be drawn upon in the amount determined by paragraph (5) of this subsection upon the certification of the designated bonding authority to the Secretary or the Secretary’s designee that there is a delinquency on 1 or more loans and there are insufficient funds available from loan repayments and the escrow account to make a scheduled payment of principal and interest on the bonds.

(5) Upon receipt by the Secretary or the Secretary’s designee of the certification described in paragraph (4) of this subsection, the designated bonding authority may draw a funding under the letter of credit in an amount equal to—(A) the amount required to make the next scheduled payment of principal and interest on the bonds, less

(B) the amount available to the designated bonding authority from loan repayments and the escrow account.

(6) All funds provided under the letter of credit shall be paid to the designated bonding authority within 2 business days following receipt of the certification described in paragraph (4).

(d) Full faith and credit provisionsSubject to subsection (c)(1) the full faith and credit of the United States is pledged to the payment of all funds which may be required to be paid under the provisions of this section.

(e) Sale of qualified bondsNotwithstanding any other provision of law, a qualified bond guaranteed under this part may be sold to any party that offers terms that the Secretary determines are in the best interest of the eligible institution.

(Pub. L. 89–329, title III, § 343, formerly title VII, § 723, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 743; amended Pub. L. 103–382, title III, § 360C, Oct. 20, 1994, 108 Stat. 3972; renumbered title III, § 343, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(5), 306(b), Oct. 7, 1998, 112 Stat. 1636, 1637, 1646; Pub. L. 110–315, title III, §§ 314(b), 320(2), Aug. 14, 2008, 122 Stat. 3181, 3187.)

Editorial Notes

References in TextSection 1066e of this title, referred to in subsec. (b), was repealed by Pub. L. 105–244, title III, § 306(d), Oct. 7, 1998, 112 Stat. 1647.

Codification
Section was formerly classified to section 1132c–2 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 343 of Pub. L. 89–329 was classified to section 1068 of this title prior to the general amendment of this subchapter by Pub. L. 99–498.

Amendments2008—Subsec. (b)(8)(B)(ii). Pub. L. 110–315, § 314(b)(1)(B), inserted “within 120 days” after “loan proceeds”.
Pub. L. 110–315, § 314(b)(1)(A), which directed the substitution of “5” for “10”, could not be executed because “10” did not appear subsequent to amendment by Pub. L. 105–244, § 306(b)(1). See 1998 Amendment note below.
Subsec. (b)(12). Pub. L. 110–315, § 314(b)(2)–(4), added par. (12).
Subsec. (e). Pub. L. 110–315, § 320(2), inserted heading.
1998—Subsec. (a). Pub. L. 105–244, § 301(c)(5)(A), substituted “section 1066c” for “section 1132c–3”.
Subsec. (b). Pub. L. 105–244, § 301(c)(5)(B)(i), substituted “sections 1066d(1) and 1066e” for “sections 1132c–4(1) and 1132c–5” in introductory provisions.
Subsec. (b)(8). Pub. L. 105–244, § 306(b)(1), substituted “5 percent” for “10 percent” wherever appearing.
Subsec. (b)(10). Pub. L. 105–244, § 301(c)(5)(B)(ii), substituted “section 1066c” for “section 1132c–3”.
Subsec. (d). Pub. L. 105–244, § 301(c)(5)(B)(iii), made technical amendment to reference in original act which appears in text as reference to subsection (c)(1) of this section.
Subsec. (e). Pub. L. 105–244, § 306(b)(2), added subsec. (e).
1994—Subsec. (b)(8)(A). Pub. L. 103–382, § 360C(1)(A), inserted before semicolon “, with each eligible institution required to maintain in the escrow account an amount equal to 10 percent of the outstanding principal of all loans made to such institution under this part”.
Subsec. (b)(8)(B)(ii). Pub. L. 103–382, § 360C(1)(B), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “when all bonds under this part are retired or canceled, shall be divided among the eligible institutions making deposits into such account on the basis of the amount of each such institution’s deposit;”.
Subsec. (b)(11). Pub. L. 103–382, § 360C(2), substituted “conditions” for “regulations”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 1066c. Limitations on Federal insurance for bonds issued by designated bonding authority(a) Limit on amountAt no time shall the aggregate principal amount of outstanding bonds insured under this part together with any accrued unpaid interest thereon exceed $1,100,000,000, of which—(1) not more than $733,333,333 shall be used for loans to eligible institutions that are private historically Black colleges and universities; and

(2) not more than $366,666,667 shall be used for loans to eligible institutions which are historically Black public colleges and universities.

For purposes of paragraphs (1) and (2), Lincoln University of Pennsylvania is an historically Black public institution. No institution of higher education that has received assistance under section 123 of this title shall be eligible to receive assistance under this part.

(b) Limitation on credit authorityThe authority of the Secretary to issue letters of credit and insurance under this part is effective only to the extent provided in advance by appropriations Acts.

(c) Religious activity prohibitionNo loan may be made under this part for any educational program, activity or service related to sectarian instruction or religious worship or provided by a school or department of divinity or to an institution in which a substantial portion of its functions is subsumed in a religious mission.

(d) Discrimination prohibitionNo loan may be made to an institution under this part if the institution discriminates on account of race, color, religion, national origin, sex (to the extent provided in title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.]), or disabling condition; except that the prohibition with respect to religion shall not apply to an institution which is controlled by or which is closely identified with the tenets of a particular religious organization if the application of this section would not be consistent with the religious tenets of such organization.

(Pub. L. 89–329, title III, § 344, formerly title VII, § 724, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 745; renumbered title III, § 344, Pub. L. 105–244, title III, § 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636; Pub. L. 110–315, title III, § 314(c), Aug. 14, 2008, 122 Stat. 3181.)

Editorial Notes

References in TextThe Education Amendments of 1972, referred to in subsec. (d), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables.

Codification
Section was formerly classified to section 1132c–3 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 344 of Pub. L. 89–329 was classified to section 1069 of this title prior to the general amendment of this subchapter by Pub. L. 99–498.

Amendments2008—Subsec. (a). Pub. L. 110–315, § 314(c)(1), substituted “$1,100,000,000” for “$375,000,000” in introductory provisions.
Subsec. (a)(1). Pub. L. 110–315, § 314(c)(2), substituted “$733,333,333” for “$250,000,000”.
Subsec. (a)(2). Pub. L. 110–315, § 314(c)(3), substituted “$366,666,667” for “$125,000,000”.

§ 1066d. Authority of Secretary
In the performance of, and with respect to, the functions vested in the Secretary by this part, the Secretary—(1) shall, within 120 days of August 14, 2008, publish in the Federal Register a notice and request for proposals for any private for-profit organization or entity wishing to serve as the designated bonding authority under this part, which notice shall—(A) specify the time and manner for submission of proposals; and

(B) specify any information, qualifications, criteria, or standards the Secretary determines to be necessary to evaluate the financial capacity and administrative capability of any applicant to carry out the responsibilities of the designated bonding authority under this part;

(2) shall ensure that—(A) the selection process for the designated bonding authority is conducted on a competitive basis; and

(B) the evaluation and selection process is transparent;

(3) shall—(A) review the performance of the designated bonding authority after the third year of the insurance agreement; and

(B) following the review described in subparagraph (A), implement a revised competitive selection process, if determined necessary by the Secretary in consultation with the Advisory Board established pursuant to section 1066f of this title;

(4) shall require that the first loans for capital projects authorized under section 1066b of this title be made no later than March 31, 1994;

(5) may sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this part without regard to the amount in controversy, and any action instituted under this part without regard to the amount in controversy, and any action instituted under this section by or against the Secretary shall survive notwithstanding any change in the person occupying the office of the Secretary or any vacancy in such office;

(6)(A) may foreclose on any property and bid for and purchase at any foreclosure, or any other sale, any property in connection with which the Secretary has been assigned a loan pursuant to this part; and

(B) in the event of such an acquisition, notwithstanding any other provisions of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property, except that—(i) such action shall not preclude any other action by the Secretary to recover any deficiency in the amount of a loan assigned to the Secretary; and

(ii) any such acquisition of real property shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights under the State or local laws of the inhabitants on such property;

(7) may sell, exchange, or lease real or personal property and securities or obligations;

(8) may include in any contract such other covenants, conditions, or provisions necessary to ensure that the purposes of this part will be achieved;

(9) may, directly or by grant or contract, provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part; and

(10) not later than 120 days after August 14, 2008, shall submit to the authorizing committees a report on the progress of the Department in implementing the recommendations made by the Government Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.

(Pub. L. 89–329, title III, § 345, formerly title VII, § 725, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 745; amended Pub. L. 103–208, § 2(j)(16), Dec. 20, 1993, 107 Stat. 2481; renumbered title III, § 345, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(6), 306(c), Oct. 7, 1998, 112 Stat. 1636, 1637, 1647; Pub. L. 110–315, title III, § 314(d), Aug. 14, 2008, 122 Stat. 3181.)

Editorial Notes
Codification
Section was formerly classified to section 1132c–4 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 345 of Pub. L. 89–329 was classified to section 1069a of this title prior to the general amendment of this subchapter by Pub. L. 99–498.

Amendments2008—Par. (1). Pub. L. 110–315, § 314(d)(1), substituted “August 14, 2008,” for “July 23, 1992,” in introductory provisions.
Pars. (2) to (9). Pub. L. 110–315, § 314(d)(2), (3), added pars. (2) and (3) and redesignated former pars. (2) to (7) as (4) to (9), respectively.
Par. (10). Pub. L. 110–315, § 314(d)(4)–(6), added par. (10).
1998—Par. (2). Pub. L. 105–244, § 301(c)(6), substituted “section 1066b” for “section 1132c–2”.
Par. (7). Pub. L. 105–244, § 306(c), added par. (7).
1993—Pars. (2) to (6). Pub. L. 103–208 added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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.

§ 1066e. Repealed. Pub. L. 105–244, title III, § 306(d), Oct. 7, 1998, 112 Stat. 1647

Section, Pub. L. 89–329, title III, § 346, formerly title VII, § 726, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 746; amended Pub. L. 103–208, § 2(j)(17), Dec. 20, 1993, 107 Stat. 2481; renumbered title III, § 346, Pub. L. 105–244, title III, § 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, prohibited institution receiving a loan under this part from receiving grant under former part A of subchapter VII of this chapter.

Editorial Notes
Codification
Section was formerly classified to section 1132c–5 of this title prior to renumbering by Pub. L. 105–244.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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.

§ 1066f. HBCU Capital Financing Advisory Board(a) Establishment and purposeThere is established within the Department of Education, the Historically Black College and Universities Capital Financing Advisory Board (hereinafter in this part referred to as the “Advisory Board”) which shall provide advice and counsel to the Secretary and the designated bonding authority as to the most effective and efficient means of implementing construction financing on African American college campuses, and advise the Congress of the United States regarding the progress made in implementing this part. The Advisory Board shall meet with the Secretary at least twice each year to advise him as to the capital needs of historically Black colleges and universities, how those needs can be met through the program authorized by this part, and what additional steps might be taken to improve the operation and implementation of the construction financing program.

(b) Board membership(1) CompositionThe Advisory Board shall be appointed by the Secretary and shall be composed of 11 members as follows:(A) The Secretary or the Secretary’s designee.

(B) Three members who are presidents of private historically Black colleges or universities.

(C) Three members who are presidents of public historically Black colleges or universities.

(D) The president of the United Negro College Fund, Inc., or the president’s designee.

(E) The president of the National Association for Equal Opportunity in Higher Education, or the designee of the Association.

(F) The executive director of the White House Initiative on historically Black colleges and universities.

(G) The president of the Thurgood Marshall College Fund, or the designee of the president.

(2) TermsThe term of office of each member appointed under paragraphs (1)(B) and (1)(C) shall be 3 years, except that—(A) of the members first appointed pursuant to paragraphs (1)(B) and (1)(C), 2 shall be appointed for terms of 1 year, and 3 shall be appointed for terms of 2 years;

(B) members appointed to fill a vacancy occurring before the expiration of a term of a member shall be appointed to serve the remainder of that term; and

(C) a member may continue to serve after the expiration of a term until a successor is appointed.

(c) Additional recommendations from Advisory Board(1) In generalIn addition to the responsibilities of the Advisory Board described in subsection (a), the Advisory Board shall advise the Secretary and the authorizing committees regarding—(A) the fiscal status and strategic financial condition of not less than ten historically Black colleges and universities that have—(i) obtained construction financing through the program under this part and seek additional financing or refinancing under such program; or

(ii) applied for construction financing through the program under this part but have not received financing under such program; and

(B) the feasibility of reducing borrowing costs associated with the program under this part, including reducing interest rates.

(2) ReportNot later than six months after August 14, 2008, the Advisory Board shall prepare and submit a report to the authorizing committees regarding the historically Black colleges and universities described in paragraph (1)(A) that includes administrative and legislative recommendations for addressing the issues related to construction financing facing such historically Black colleges and universities.

(Pub. L. 89–329, title III, § 347, formerly title VII, § 727, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 746; renumbered title III, § 347, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), 306(e), Oct. 7, 1998, 112 Stat. 1636, 1647; Pub. L. 110–315, title III, § 314(e), Aug. 14, 2008, 122 Stat. 3182.)

Editorial Notes
Codification
Section was formerly classified to section 1132c–6 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 347 of Pub. L. 89–329 was classified to section 1069c of this title prior to the general amendment of this subchapter by Pub. L. 99–498.

Amendments2008—Subsec. (b)(1). Pub. L. 110–315, § 314(e)(1)(A), substituted “11 members” for “9 members” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 110–315, § 314(e)(1)(B), substituted “Three members” for “Two members”.
Subsec. (b)(1)(G). Pub. L. 110–315, § 314(e)(1)(C), added subpar. (G).
Subsec. (c). Pub. L. 110–315, § 314(e)(2), added subsec. (c).
1998—Subsec. (b)(1)(D). Pub. L. 105–244, § 306(e)(1)(A), inserted “, or the president’s designee.” after “Fund, Inc.”
Subsec. (b)(1)(E). Pub. L. 105–244, § 306(e)(1)(B), inserted “, or the designee of the Association” before the period.
Subsec. (c). Pub. L. 105–244, § 306(e)(2), struck out heading and text of subsec. (c). Text read as follows: “There are authorized to be appropriated $50,000 for fiscal year 1993 and each of the 4 succeeding fiscal years to carry out this section.”

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

Termination of Advisory BoardsAdvisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 1066g. Minority business enterprise utilization
In the performance of and with respect to the Secretary’s effectuation of his responsibilities under section 1066d(1) of this title and to the maximum extent feasible in the implementation of the purposes of this part, minority business persons, including bond underwriters and credit enhancers, bond counsel, marketers, accountants, advisors, construction contractors, and managers should be utilized.
(Pub. L. 89–329, title III, § 348, formerly title VII, § 728, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 747; renumbered title III, § 348, and amended Pub. L. 105–244, title III, § 301(a)(3), (4), (c)(7), Oct. 7, 1998, 112 Stat. 1636, 1637.)

Editorial Notes
Codification
Section was formerly classified to section 1132c–7 of this title prior to renumbering by Pub. L. 105–244.

Amendments1998—Pub. L. 105–244, § 301(c)(7), substituted “section 1066d(1)” for “section 1132c–4(1)”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

Part E—Minority Science and Engineering Improvement Program
subpart 1—minority science and engineering improvement program

Editorial Notes
Codification
Pub. L. 105–244, title III, §§ 301(a)(5), 307(d), Oct. 7, 1998, 112 Stat. 1636, 1648, redesignated subpart 1 (§ 1135b et seq.) of part B of subchapter X of this chapter as subpart 1 of part E of subchapter III of this chapter and inserted “and engineering” before “improvement program” in heading.

§ 1067. Findings
Congress makes the following findings:(1) It is incumbent on the Federal Government to support the technological and economic competitiveness of the United States by improving and expanding the scientific and technological capacity of the United States. More and better prepared scientists, engineers, and technical experts are needed to improve and expand such capacity.

(2) As the Nation’s population becomes more diverse, it is important that the educational and training needs of all Americans are met. Underrepresentation of minorities in science and technological fields diminishes our Nation’s competitiveness by impairing the quantity of well prepared scientists, engineers, and technical experts in these fields.

(3) Despite significant limitations in resources, minority institutions provide an important educational opportunity for minority students, particularly in science and engineering fields. Aid to minority institutions is a good way to address the underrepresentation of minorities in science and technological fields.

(4) There is a strong Federal interest in improving science and engineering programs at minority institutions as such programs lag behind in program offerings and in student enrollment compared to such programs at other institutions of higher education.

(Pub. L. 89–329, title III, § 350, as added Pub. L. 105–244, title III, § 307(a), Oct. 7, 1998, 112 Stat. 1647.)

Editorial Notes
Prior ProvisionsA prior section 1067, Pub. L. 89–329, title III, § 352, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1304, and amended, which related to waiver authority and reporting requirement, was renumbered section 392 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068a of this title.
Another prior section 1067, Pub. L. 89–329, title III, § 342, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1398, set waiver authority and reporting requirements for this part, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1067, Pub. L. 89–329, title IV, § 407, Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90–575, title I, §§ 101(b)(2), 103, 104, Oct. 16, 1968, 82 Stat. 1017, 1018, related to agreements with institutions, required provisions and use of funds as additional Federal capital contribution for student loan fund, prior to the general amendment 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.

Statutory Notes and Related Subsidiaries
Effective DateSection 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.

§ 1067a. Purpose; authority(a) Congressional declaration of purposeIt is the purpose of this subpart to continue the authority of the Department to operate the Minority Institutions Science Improvement Program created under section 1862(a)(1) of title 42 and transferred to the Department by section 3444(a)(1) of this title.

(b) Grant authorityThe Secretary shall, in accordance with the provisions of this subpart, carry out a program of making grants to institutions of higher education that are designed to effect long-range improvement in science and engineering education at predominantly minority institutions and to increase the participation of underrepresented ethnic minorities, particularly minority women, in scientific and technological careers.

(Pub. L. 89–329, title III, § 351, formerly title X, § 1021, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1561; amended Pub. L. 102–325, title X, § 1002(a), July 23, 1992, 106 Stat. 780; renumbered title III, § 351, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636; Pub. L. 111–39, title III, § 301(5), July 1, 2009, 123 Stat. 1937.)

Editorial Notes
Codification
Section was formerly classified to section 1135b of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 351 of Pub. L. 89–329 was renumbered section 391 and is classified to section 1068 of this title.

Amendments2009—Subsec. (a). Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to section 3444(a)(1) of this title.
1992—Subsec. (b). Pub. L. 102–325 inserted “, particularly minority women,” after “ethnic minorities”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1992 AmendmentAmendment 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.

§ 1067b. Grant recipient selection(a) Establishment of criteriaGrants under this subpart shall be awarded on the basis of criteria established by the Secretary by regulations.

(b) Priorities to be given in criteriaIn establishing criteria under subsection (a), the Secretary shall give priority to applicants which have not previously received funding from the Minority Institutions Science Improvement Program and to previous grantees with a proven record of success, as well as to applications that contribute to achieving balance among projects with respect to geographic region, academic discipline, and project type.

(c) Required criteriaIn establishing criteria under subsection (a), the Secretary may consider the following selection criteria in making grants:(1) plan of operation;

(2) quality of key personnel;

(3) budget and cost effectiveness;

(4) evaluation plan;

(5) adequacy of resources;

(6) identification of need for the project;

(7) potential institutional impact of the project;

(8) institutional commitment to the project;

(9) expected outcomes; and

(10) scientific and educational value of the proposed project.

(Pub. L. 89–329, title III, § 352, formerly title X, § 1022, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1561; renumbered title III, § 352, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.)

Editorial Notes
Codification
Section was formerly classified to section 1135b–1 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 352 of Pub. L. 89–329 was renumbered section 392 and is classified to section 1068a of this title.

§ 1067c. Use of funds(a) Types of grantsFunds appropriated to carry out this subpart may be made available as—(1) institutional grants (as defined in section 1067k(6) of this title);

(2) cooperative grants (as defined in section 1067k(7) of this title);

(3) design projects (as defined in section 1067k(8) of this title); or

(4) special projects (as defined in section 1067k(9) of this title).

(b) Authorized uses for each type of grant(1) The authorized uses of funds made available as institutional grants include (but are not limited to)—(A) faculty development programs; or

(B) development of curriculum materials.

(2) The authorized uses of funds made available as cooperative grants include (but are not limited to)—(A) assisting institutions in sharing facilities and personnel;

(B) disseminating information about established programs in science and engineering;

(C) supporting cooperative efforts to strengthen the institutions’ science and engineering programs; or

(D) carrying out a combination of any of the activities in subparagraphs (A) through (C).

(3) The authorized uses of funds made available as design projects include (but are not limited to)—(A) developing planning, management, and evaluation systems; or

(B) developing plans for initiating scientific research and for improving institutions’ capabilities for such activities.

Funds used for design project grants may not be used to pay more than 50 percent of the salaries during any academic year of faculty members involved in the project.

(4) The authorized uses of funds made available as special projects include (but are not limited to)—(A) advanced science seminars;

(B) science faculty workshops and conferences;

(C) faculty training to develop specific science research or education skills;

(D) research in science education;

(E) programs for visiting scientists;

(F) preparation of films or audio-visual materials in science;

(G) development of learning experiences in science beyond those normally available to minority undergraduate students;

(H) development of pre-college enrichment activities in science; or

(I) any other activities designed to address specific barriers to the entry of minorities into science.

(Pub. L. 89–329, title III, § 353, formerly title X, § 1023, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1562; renumbered title III, § 353, and amended Pub. L. 105–244, title III, § 301(a)(5), (7), (c)(8), Oct. 7, 1998, 112 Stat. 1636, 1637.)

Editorial Notes
Codification
Section was formerly classified to section 1135b–2 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 353 of Pub. L. 89–329 was renumbered section 393 and is classified to section 1068b of this title.

Amendments1998—Subsec. (a)(1). Pub. L. 105–244, § 301(c)(8)(A), substituted “section 1067k(6)” for “section 1135d–5(6)”.
Subsec. (a)(2). Pub. L. 105–244, § 301(c)(8)(B), substituted “section 1067k(7)” for “section 1135d–5(7)”.
Subsec. (a)(3). Pub. L. 105–244, § 301(c)(8)(C), substituted “section 1067k(8)” for “section 1135d–5(8)”.
Subsec. (a)(4). Pub. L. 105–244, § 301(c)(8)(D), substituted “section 1067k(9)” for “section 1135d–5(9)”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 1067d. Repealed. Pub. L. 111–39, title III, § 302, July 1, 2009, 123 Stat. 1938

Section, Pub. L. 89–329, title III, formerly title X, § 1024, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1562; amended Pub. L. 102–325, title X, § 1002(b), July 23, 1992, 106 Stat. 780; renumbered title III, Pub. L. 105–244, title III, § 301(a)(5), Oct. 7, 1998, 112 Stat. 1636, required Secretary to submit to President and Congress a report by Jan. 1, 1996, summarizing and evaluating Federal programs to increase minority participation and representation in scientific fields.

Section was formerly classified to section 1135b–3 of this title prior to renumbering by Pub. L. 105–244.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as an Effective Date of 2009 Amendment note under section 1001 of this title.

subpart 2—programs in stem fields

Editorial Notes
Prior ProvisionsA prior subpart 2, consisting of sections 1067g to 1067l, was redesignated subpart 3 of this part by Pub. L. 110–315, title III, § 315(a)(1), Aug. 14, 2008, 122 Stat. 3182.

§ 1067e. YES partnerships grant program(a) Grant program authorizedSubject to the availability of appropriations to carry out this subpart, the Secretary shall make grants to eligible partnerships (as described in subsection (f)) to support the engagement of underrepresented minority youth and youth who are low-income individuals (as such term is defined in section 1058 of this title) in science, technology, engineering, and mathematics through outreach and hands-on, experiential-based learning projects that encourage students in kindergarten through grade 12 who are underrepresented minority youth or low-income individuals to pursue careers in science, technology, engineering, and mathematics.

(b) Minimum grant amountA grant awarded to a partnership under this subpart shall be for an amount that is not less than $500,000.

(c) DurationA grant awarded under this subpart shall be for a period of five years.

(d) Non-Federal matching share requiredA partnership receiving a grant under this subpart shall provide, from non-Federal sources, in cash or in-kind, an amount equal to 50 percent of the costs of the project supported by such grant.

(e) Distribution of grantsIn awarding grants under this subpart, the Secretary shall ensure that, to the maximum extent practicable, the projects funded under this subpart are located in diverse geographic regions of the United States.

(f) Eligible partnershipsNotwithstanding the general eligibility provision in section 1067g of this title, eligibility to receive grants under this subpart is limited to partnerships described in paragraph (5) of such section.

(Pub. L. 89–329, title III, § 355, as added Pub. L. 110–315, title III, § 315(a)(2), Aug. 14, 2008, 122 Stat. 3182; amended Pub. L. 111–39, title III, § 301(6), July 1, 2009, 123 Stat. 1937.)

Editorial Notes
Prior ProvisionsA prior section 355 of Pub. L. 89–329 was classified to section 1069a of this title, prior to repeal by Pub. L. 102–325.

Amendments2009—Subsec. (a). Pub. L. 111–39 substituted “section 1058 of this title” for “section 302”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

§ 1067e–1. Promotion of entry into STEM fields(a) Authority to contract, subject to appropriationsThe Secretary is authorized to enter into a contract with a firm with a demonstrated record of success in advertising to implement a campaign to expand the population of qualified individuals in science, technology, engineering, and mathematics fields (referred to in this section as “STEM fields”) by encouraging young Americans to enter such fields.

(b) Design of campaignThe campaign under this section shall be designed to enhance the image of education and professions in the STEM fields and promote participation in the STEM fields, and may include—(1) monitoring trends in youths’ attitudes toward pursuing education and professions in the STEM fields and their propensity toward entering the STEM fields;

(2) determining what factors contribute to encouraging and discouraging Americans from pursuing study in STEM fields and entering the STEM fields professionally;

(3) determining what specific factors limit the participation of groups currently underrepresented in STEM fields, including Latinos, African-Americans, and women; and

(4) drawing from the market research performed under this section and implementing an advertising campaign to encourage young Americans to take up studies in STEM fields, beginning at an early age.

(c) Required componentsThe campaign under this section shall—(1) include components that focus tailored messages on appropriate age groups, starting with elementary school students; and

(2) link participation in the STEM fields to the concept of service to one’s country, so that young people will be encouraged to enter the STEM fields in order fulfill the obligation to be of service to their country.

(d) PriorityThe campaign under this section shall hold as a high priority making specific appeals to Hispanic Americans, African Americans, Native Americans, students with disabilities, and women, who are currently underrepresented in the STEM fields, in order to increase their numbers in the STEM fields, and shall tailor recruitment efforts to each specific group.

(e) Use of variety of mediaThe campaign under this section shall make use of a variety of media, with an emphasis on television advertising, to reach its intended audience.

(f) TeachingThe campaign under this section shall include a narrowly focused effort to attract current professionals in the STEM fields, through advertising in mediums likely to reach that specific group, into teaching in a STEM field in elementary schools and secondary schools.

(Pub. L. 89–329, title III, § 356, as added Pub. L. 110–315, title III, § 315(a)(2), Aug. 14, 2008, 122 Stat. 3183.)

Editorial Notes
Prior ProvisionsA prior section 356 of Pub. L. 89–329 was renumbered section 395 and is classified to section 1068d of this title.

§ 1067e–2. Evaluation and accountability plan
The Secretary shall develop an evaluation and accountability plan for projects funded under this subpart. Such plan shall include, if the Secretary determines that it is practical, an objective measure of the impact of such projects, such as a measure of whether underrepresented minority student enrollment in courses related to science, technology, engineering, and mathematics increases at the secondary and postsecondary levels.
(Pub. L. 89–329, title III, § 357, as added Pub. L. 110–315, title III, § 315(a)(2), Aug. 14, 2008, 122 Stat. 3184.)

Editorial Notes
Prior ProvisionsA prior section 357 of Pub. L. 89–329 was renumbered section 396 and is classified to section 1068e of this title.

subpart 3—administrative and general provisions

Editorial Notes
Codification
Pub. L. 110–315, title III, § 315(a)(1), Aug. 14, 2008, 122 Stat. 3182, redesignated subpart 2 (§ 1067 et seq.) of this part as subpart 3 of this part.
Pub. L. 105–244, title III, § 301(a)(5), Oct. 7, 1998, 112 Stat. 1636, redesignated subpart 3 (§ 1135d et seq.) of part B of subchapter X of this chapter as subpart 2 of this part.

§ 1067g. Eligibility for grants
Eligibility to receive grants under this part is limited to—(1) public and private nonprofit institutions of higher education that—(A) award baccalaureate degrees; and

(B) are minority institutions;

(2) public or private nonprofit institutions of higher education that—(A) award associate degrees; and

(B) are minority institutions that—(i) have a curriculum that includes science or engineering subjects; and

(ii) enter into a partnership with public or private nonprofit institutions of higher education that award baccalaureate degrees in science and engineering;

(3) nonprofit science-oriented organizations, professional scientific societies, and institutions of higher education that award baccalaureate degrees, that—(A) provide a needed service to a group of minority institutions; or

(B) provide in-service training for project directors, scientists, and engineers from minority institutions;

(4) consortia of organizations, that provide needed services to one or more minority institutions, the membership of which may include—(A) public and private nonprofit institutions of higher education which have a curriculum in science or engineering;

(B) institutions of higher education that have a graduate or professional program in science or engineering;

(C) research laboratories of, or under contract with, the Department of Energy, the Department of Defense, or the National Institutes of Health;

(D) relevant offices of the National Aeronautics and Space Administration, National Oceanic and Atmospheric Administration, National Science Foundation, and National Institute of Standards and Technology;

(E) quasi-governmental entities that have a significant scientific or engineering mission; or

(F) institutions of higher education that have State-sponsored centers for research in science, technology, engineering, and mathematics; or

(5) only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include—(A) at least one institution of higher education eligible for assistance under this subchapter or subchapter V;

(B) at least one high-need local educational agency (as defined in section 1021 of this title); and

(C) at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, or State agencies.

(Pub. L. 89–329, title III, § 361, formerly title X, § 1041, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; renumbered title III, § 361, and amended Pub. L. 105–244, title III, §§ 301(a)(5), (7), (b), (c)(9), 307(b), Oct. 7, 1998, 112 Stat. 1636, 1637, 1648; Pub. L. 110–315, title III, § 315(b), Aug. 14, 2008, 122 Stat. 3184.)

Editorial Notes
Codification
Section was formerly classified to section 1135d of this title prior to renumbering by Pub. L. 105–244.

Amendments2008—Par. (3)(B). Pub. L. 110–315, § 315(b)(1), struck out “or” at end.
Par. (4)(A). Pub. L. 110–315, § 315(b)(2)(A), substituted “public and private nonprofit institutions of higher education” for “institutions of higher education”.
Par. (4)(C). Pub. L. 110–315, § 315(b)(2)(B), inserted “, the Department of Defense, or the National Institutes of Health” before the semicolon.
Par. (4)(D). Pub. L. 110–315, § 315(b)(2)(C), added subpar. (D) and struck out former subpar. (D) which read as follows: “private organizations that have science or engineering facilities; or”.
Par. (4)(F). Pub. L. 110–315, § 315(b)(2)(D), (E), added subpar. (F).
Par. (5). Pub. L. 110–315, § 315(b)(3), added par. (5).
1998—Pub. L. 105–244, § 307(b), amended section catchline and text generally. Prior to amendment, text read as follows: “Eligibility to receive grants under this part is limited to—
“(1) public and private nonprofit institutions that are minority institutions (as defined in section 1067k(3) of this title); and
“(2) nonprofit science-oriented organizations, professional scientific societies, and all nonprofit, accredited colleges and universities which provide a needed service to a group of eligible minority institutions or which provide in-service training for project directors, scientists, and engineers from eligible minority institutions.”
Par. (1). Pub. L. 105–244, § 301(c)(9), substituted “section 1067k(3)” for “section 1135d–5(3)”.
Pub. L. 105–244, § 301(b)(1), inserted “and” after the semicolon.
Par. (2). Pub. L. 105–244, § 301(b)(2), substituted a period for “; and”.
Par. (3). Pub. L. 105–244, § 301(b)(3), struck out par. (3) which read as follows: “for the purposes of section 1135c–1 of this title, public and private nonprofit institutions that have at least 10 percent minority enrollment.”

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 1067h. Grant application(a) Submission and contents of applicationsAn eligible applicant (as determined under section 1067g of this title) that desires to receive a grant under this part shall submit to the Secretary an application therefor at such time or times, in such manner, and containing such information as the Secretary may prescribe by regulation. Such application shall set forth—(1) a program of activities for carrying out one or more of the purposes described in section 1067a(b) of this title in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purpose or purposes; and

(2) such other policies, procedures, and assurances as the Secretary may require by regulation.

(b) Approval based on likelihood of progressThe Secretary shall approve an application only if the Secretary determines that the application sets forth a program of activities which are likely to make substantial progress toward achieving the purposes of this part.

(Pub. L. 89–329, title III, § 362, formerly title X, § 1042, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; renumbered title III, § 362, and amended Pub. L. 105–244, title III, § 301(a)(5), (7), (c)(10), Oct. 7, 1998, 112 Stat. 1636, 1637.)

Editorial Notes
Codification
Section was formerly classified to section 1135d–1 of this title prior to renumbering by Pub. L. 105–244.

Amendments1998—Subsec. (a). Pub. L. 105–244, § 301(c)(10), substituted “section 1067g” for “section 1135d” in introductory provisions and “section 1067a(b)” for “section 1135b(b)” in par. (1).

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 1067i. Cross program and cross agency cooperation
The Minority Science and Engineering Improvement Programs shall cooperate and consult with other programs within the Department and within Federal, State, and private agencies which carry out programs to improve the quality of science, mathematics, and engineering education.
(Pub. L. 89–329, title III, § 363, formerly title X, § 1043, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; amended Pub. L. 102–325, title X, § 1002(d), July 23, 1992, 106 Stat. 780; renumbered title III, § 363, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.)

Editorial Notes
Codification
Section was formerly classified to section 1135d–2 of this title prior to renumbering by Pub. L. 105–244.

Amendments1992—Pub. L. 102–325 inserted “and consult” after “cooperate”.

Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment 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.

§ 1067j. Administrative provisions(a) Technical staffThe Secretary shall appoint, without regard to the provisions of title 5 governing appointments in the competitive service, not less than 2 technical employees with appropriate scientific and educational background to administer the programs under 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 for grant reviewThe Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. Procedures for reviewing grant applications, based on the peer review system, or contracts for financial assistance under this subchapter may not be subject to any review outside of officials responsible for the administration of the Minority Science and Engineering Improvement Programs.

(Pub. L. 89–329, title III, § 364, formerly title X, § 1044, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; renumbered title III, § 364, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.)

Editorial Notes
Codification
Section was formerly classified to section 1135d–3 of this title prior to renumbering by Pub. L. 105–244.

§ 1067k. Definitions
For the purpose of this part—(1) The term “accredited” means currently certified by a nationally recognized accrediting agency or making satisfactory progress toward achieving accreditation.

(2) The term “minority” means American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Pacific Islander or other ethnic group underrepresented in science and engineering.

(3) The term “minority institution” means an institution of higher education whose enrollment of a single minority or a combination of minorities (as defined in paragraph (2)) exceeds 50 percent of the total enrollment. The Secretary shall verify this information from the data on enrollments in the higher education general information surveys (HEGIS) furnished by the institution to the Office for Civil Rights, Department of Education.

(4) The term “science” means, for the purpose of this program, the biological, engineering, mathematical, physical, behavioral, and social sciences, and history and philosophy of science; also included are interdisciplinary fields which are comprised of overlapping areas among two or more sciences.

(5) The term “underrepresented in science and engineering” means a minority group whose number of scientists and engineers per 10,000 population of that group is substantially below the comparable figure for scientists and engineers who are white and not of Hispanic origin.

(6) The term “institutional grant” means a grant that supports the implementation of a comprehensive science improvement plan, which may include any combination of activities for improving the preparation of minority students for careers in science.

(7) The term “cooperative grant” means a grant that assists groups of nonprofit accredited colleges and universities to work together to conduct a science improvement program.

(8) The term “design projects” means projects that assist minority institutions that do not have their own appropriate resources or personnel to plan and develop long-range science improvement programs.

(9) The term “special projects” means—(A) a special project grant to a minority institution which supports activities that—(i) improve the quality of training in science and engineering at minority institutions; or

(ii) enhance the minority institutions’ general scientific research capabilities; or

(B) a special project grant to any eligible applicant which supports activities that—(i) provide a needed service to a group of eligible minority institutions; or

(ii) provide in-service training for project directors, scientists, and engineers from eligible minority institutions.

(Pub. L. 89–329, title III, § 365, formerly title X, § 1046, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1566; renumbered title III, § 365, and amended Pub. L. 105–244, title III, §§ 301(a)(5), (7), 307(c), Oct. 7, 1998, 112 Stat. 1636, 1648; Pub. L. 110–315, title III, § 320(3), Aug. 14, 2008, 122 Stat. 3187.)

Editorial Notes
Codification
Section was formerly classified to section 1135d–5 of this title prior to renumbering by Pub. L. 105–244.

Amendments2008—Par. (9)(A). Pub. L. 110–315 substituted “supports” for “support” in introductory provisions.
1998—Par. (4). Pub. L. 105–244, § 307(c), inserted “behavioral,” after “physical,”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 1067l. Repealed. Pub. L. 105–244, title III, § 301(a)(8), Oct. 7, 1998, 112 Stat. 1636

Section, Pub. L. 89–329, title III, § 366, formerly title X, § 1047, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1567; amended Pub. L. 100–418, title VI, § 6221, Aug. 23, 1988, 102 Stat. 1518; Pub. L. 102–325, title X, § 1002(f), July 23, 1992, 106 Stat. 780; renumbered title III, § 366, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, authorized appropriations to carry out Fund for Improvement of Postsecondary Education program.

Editorial Notes
Codification
Section was formerly classified to section 1135d–6 of this title prior to renumbering by Pub. L. 105–244.

Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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.

Part F—Strengthening Historically Black Colleges and Universities and Other Minority-Serving Institutions

Editorial Notes
Codification
Part F of title III of Pub. L. 89–329, comprising this part, was originally added as part J of title IV of Pub. L. 89–329 by Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817, and was classified to part I (§ 1099e) of subchapter IV of this chapter. Part J of title IV of Pub. L. 89–329 was subsequently redesignated part F of title III of Pub. L. 89–329 by Pub. L. 110–315, title III, § 316(a)(2), Aug. 14, 2008, 122 Stat. 3185, and transferred to this part.

Prior ProvisionsA prior part F [§ 1068 et seq.] of this subchapter was redesignated part G by Pub. L. 110–315, title III, § 316(a)(1), Aug. 14, 2008, 122 Stat. 3185.

§ 1067q. Investment in historically Black colleges and universities and other minority-serving institutions(a) Eligible institutionAn institution of higher education is eligible to receive funds from the amounts made available under this section if such institution is—(1) a part B institution (as defined in section 1061 of this title);

(2) a Hispanic-serving institution (as defined in section 1101a of this title);

(3) a Tribal College or University (as defined in section 1059c of this title);

(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 1059d(b) of this title);

(5) a Predominantly Black Institution (as defined in subsection (c));

(6) an Asian American and Native American Pacific Islander-serving institution (as defined in subsection (c)); or

(7) a Native American-serving nontribal institution (as defined in subsection (c)).

(b) New investment of funds(1) In general(A) Provision of fundsThere shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $255,000,000 for fiscal year 2020 and each fiscal year thereafter.

(B) AvailabilityFunds made available under subparagraph (A) for a fiscal year shall remain available for the next succeeding fiscal year.

(2) Allocation and allotment(A) In generalOf the amounts made available under paragraph (1) for each fiscal year—(i) $100,000,000 shall be available for allocation under subparagraph (B);

(ii) $100,000,000 shall be available for allocation under subparagraph (C); and

(iii) $55,000,000 shall be available for allocation under subparagraph (D).

(B) HSI STEM and articulation programsThe amount made available for allocation under this subparagraph by subparagraph (A)(i) for any fiscal year shall be available for Hispanic-serving Institutions 11 So in original. Probably should not be capitalized. for activities described in section 1101b of this title, with a priority given to applications that propose—(i) to increase the number of Hispanic and other low income students attaining degrees in the fields of science, technology, engineering, or mathematics; and

(ii) to develop model transfer and articulation agreements between 2-year Hispanic-serving institutions and 4-year institutions in such fields.

(C) Allocation and allotment HBCUS and PBISFrom the amount made available for allocation under this subparagraph by subparagraph (A)(ii) for any fiscal year—(i) 85 percent shall be available to eligible institutions described in subsection (a)(1) and shall be made available as grants under section 1062 of this title and allotted among such institutions under section 1063 of this title, treating such amount, plus the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out part B of this subchapter, as the amount appropriated to carry out part B of this subchapter for purposes of allotments under section 1063 of this title, for use by such institutions with a priority for—(I) activities described in paragraphs (1), (2), (4), (5), and (10) of section 1062(a) of this title; and

(II) other activities, consistent with the institution’s comprehensive plan and designed to increase the institution’s capacity to prepare students for careers in the physical or natural sciences, mathematics, computer science or information technology or sciences, engineering, language instruction in the less-commonly taught languages or international affairs, or nursing or allied health professions; and

(ii) 15 percent shall be available to eligible institutions described in subsection (a)(5) and shall be available for a competitive grant program to award 25 grants of $600,000 annually for programs in any of the following areas:(I) science, technology, engineering, or mathematics (STEM);

(II) health education;

(III) internationalization or globalization;

(IV) teacher preparation; or

(V) improving educational outcomes of African American males.

(D) Allocation and allotment to other minority-serving institutionsFrom the amount made available for allocation under this subparagraph by subparagraph (A)(iii) for any fiscal year—(i) $30,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(3) and shall be made available as grants under section 1059c of this title, treating such $30,000,000 as part of the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out such section, and using such $30,000,000 for purposes described in subsection (c) of such section;

(ii) $15,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(4) and shall be made available as grants under section 1059d of this title, treating such $15,000,000 as part of the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out such section and using such $15,000,000 for purposes described in subsection (c) of such section;

(iii) $5,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(6) for activities described in section 1057(c) of this title; and

(iv) $5,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(7)—(I) to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans, which may include—(aa) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(bb) renovation and improvement in classroom, library, laboratory, and other instructional facilities;

(cc) support of faculty exchanges, faculty development, and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;

(dd) curriculum development and academic instruction;

(ee) the purchase of library books, periodicals, microfilm, and other educational materials;

(ff) funds and administrative management, and acquisition of equipment for use in strengthening funds management;

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

(hh) academic tutoring and counseling programs and student support services; and

(II) to which the Secretary, to the extent possible and consistent with a competitive process under which such grants are awarded, allocates funds under this clause to ensure maximum and equitable distribution among all such eligible institutions.

(c) Definitions(1) Asian AmericanThe term “Asian American” has the meaning given the term “Asian” in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).

(2) Asian American and Native American Pacific Islander-serving institutionThe term “Asian American and Native American Pacific Islander-serving institution” means an institution of higher education that—(A) is an eligible institution under section 1058(b) of this title; and

(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Native American Pacific Islander students.

(3) Enrollment of needy studentsThe term “enrollment of needy students” means the enrollment at an institution of higher education with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree—(A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;

(B) come from families that receive benefits under a means-tested Federal benefit program (as defined in paragraph (5));

(C) attended a public or nonprofit private secondary school—(i) that is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and

(ii) which for the purpose of this paragraph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under a measure of poverty described in section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or

(D) are first-generation college students (as that term is defined in section 1070a–11(h) of this title), and a majority of such first-generation college students are low-income individuals.

(4) Low-income individualThe term “low-income individual” has the meaning given such term in section 1070a–11(h) of this title.

(5) Means-tested Federal benefit programThe term “means-tested Federal benefit program” means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the programs’ benefits or the amount of such benefits are determined on the basis of income or resources of the individual or family seeking the benefit.

(6) Native AmericanThe term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States.

(7) Native American Pacific IslanderThe term “Native American Pacific Islander” means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.

(8) Native American-serving nontribal institutionThe term “Native American-serving nontribal institution” means an institution of higher education that—(A) at the time of application—(i) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and

(ii) is not a Tribal College or University (as defined in section 1059c of this title); and

(B) submits to the Secretary such enrollment data as may be necessary to demonstrate that the institution is described in subparagraph (A), along with such other information and data as the Secretary may by regulation require.

(9) Predominantly Black institutionThe term “Predominantly Black institution” means an institution of higher education that—(A) has an enrollment of needy students as defined by paragraph (3);

(B) has an average educational and general expenditure which is low, per full-time equivalent undergraduate student in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions of higher education that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title;

(C) has an enrollment of undergraduate students—(i) that is at least 40 percent Black American students;

(ii) that is at least 1,000 undergraduate students;

(iii) of which not less than 50 percent of the undergraduate students enrolled at the institution are low-income individuals or first-generation college students (as that term is defined in section 1070a–11(h) of this title); and

(iv) of which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the institution is licensed to award by the State in which the institution is located;

(D) is legally authorized to provide, and provides within the State, an educational program for which the institution of higher education awards a bachelor’s degree, or in the case of a junior or community college, an associate’s degree;

(E) 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; and

(F) is not receiving assistance under—(i) part B;

(ii) part A of subchapter V; or

(iii) an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).

(Pub. L. 89–329, title III, § 371, formerly title IV, § 499A, as added Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817; renumbered title III, § 371, and amended Pub. L. 110–315, title III, § 316(a)(3), (b), (c), Aug. 14, 2008, 122 Stat. 3185; Pub. L. 111–39, title III, § 301(7), July 1, 2009, 123 Stat. 1937; Pub. L. 111–152, title II, § 2103, Mar. 30, 2010, 124 Stat. 1074; Pub. L. 116–91, § 2, Dec. 19, 2019, 133 Stat. 1189.)

Editorial Notes

References in TextThe Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(3)(C)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.
The Act of March 2, 1867, referred to in subsec. (c)(9)(F)(iii), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Provisions relating to authorization of appropriations are contained in section 8 of the Act, which is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables.

Codification
Section was formerly classified to section 1099e of this title prior to renumbering by Pub. L. 110–315.

Amendments2019—Subsec. (b)(1)(A). Pub. L. 116–91 substituted “for fiscal year 2020 and each fiscal year thereafter.” for “for each of the fiscal years 2008 through 2019. The authority to award grants under this section shall expire at the end of fiscal year 2019.”
2010—Subsec. (b)(1)(A). Pub. L. 111–152 substituted “through 2019. The authority to award grants under this section shall expire at the end of fiscal year 2019.” for “and 2009. The authority to award grants under this section shall expire at the end of fiscal year 2009.”
2009—Subsec. (c)(3)(D), (4), (9)(C)(iii). Pub. L. 111–39, § 301(7)(A)–(C)(i), substituted “1070a–11(h)” for “1070a–11(g)”.
Subsec. (c)(9)(F). Pub. L. 111–39, § 301(7)(C)(ii), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “is not receiving assistance under part B of this subchapter.”
2008—Subsec. (b)(1). Pub. L. 110–315, § 316(c), amended par. (1) generally. Prior to amendment, text read as follows: “There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, $255,000,000 for each of the fiscal years 2008 and 2009. The authority to award grants under this section shall expire at the end of fiscal year 2009.”
Subsec. (b)(2)(C)(i). Pub. L. 110–315, § 316(b)(1), substituted “this subchapter” for “subchapter III” in two places.
Subsec. (c)(9)(F). Pub. L. 110–315, § 316(b)(2), substituted “this subchapter” for “subchapter III”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective DateSection effective Oct. 1, 2007, see section 1(c) of Pub. L. 110–84, set out as an Effective Date of 2007 Amendment note under section 1070a of this title.

Part G—General Provisions

Editorial Notes
Codification
Pub. L. 110–315, title III, § 316(a)(1), Aug. 14, 2008, 122 Stat. 3185, redesignated part F (§ 1068 et seq.) of this subchapter as part G of this subchapter.

§ 1068. Applications for assistance(a) Applications(1) Applications requiredAny 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 the assistance. Subject to the availability of appropriations to carry out this subchapter, the Secretary may approve an application for assistance under this subchapter only if the Secretary determines that—(A) the application meets the requirements of subsection (b);

(B) the applicant is eligible for assistance in accordance with the part of this subchapter under which the assistance is sought; and

(C) the applicant’s performance goals are sufficiently rigorous as to meet the purposes of this subchapter and the performance objectives and indicators for this subchapter established by the Secretary pursuant to the Government Performance and Results Act of 1993 and the amendments made by such Act.

(2) Preliminary applicationsIn carrying out paragraph (1), the Secretary may develop a preliminary application for use by eligible institutions applying under part A prior to the submission of the principal application.

(b) ContentsAn institution, in its application for a grant, shall—(1) set forth, or describe how the institution (other than an institution applying under part C, D or E) 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) 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 of section 1057(b) or 1062 of this title, and in no case supplant those funds;

(3) 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;

(4) 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 applicant under this subchapter;

(5) provide (A) for making such reports, in such form and containing such information, as the Secretary may require to carry out the 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 (B) for keeping such records and affording such access thereto, as the Secretary may find necessary to assure the correctness and verification of such reports;

(6) provide that the institution will comply with the limitations set forth in section 1068e of this title, except that for purposes of section 1059c of this title, paragraphs (2) and (3) of section 1068e of this title shall not apply;

(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 which consists of several components (as described by the applicant 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 applicant);

(C) an evaluation by the applicant of the priority given any proposed project for which funds are sought in relation to any other projects for which funds are sought by the applicant under this subchapter, and a similar evaluation regarding priorities among the components of any single proposed project (as described by the applicant pursuant to subparagraph (A));

(D) a detailed budget showing the manner in which funds for any proposed project would be spent by the applicant; 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); and

(8) include such other information as the Secretary may prescribe.

(c) Priority criteria publication requiredThe Secretary shall publish in the Federal Register, pursuant to chapter 5 of title 5, all policies and procedures required to exercise the authority set forth in subsection (a). No other criteria, policies, or procedures shall apply.

(d) Eligibility dataThe 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 in making eligibility determinations under section 1058 of this title and shall advance the base-year forward following each annual grant cycle.

(e) Technical assistanceThe Secretary, directly or by grant or contract, may provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a grant, under this subchapter.

(Pub. L. 89–329, title III, § 391, formerly § 351, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1302; amended Pub. L. 100–50, § 2(a)(13), June 3, 1987, 101 Stat. 336; Pub. L. 102–325, title III, § 305(a), July 23, 1992, 106 Stat. 478; renumbered § 391 and amended Pub. L. 105–244, title III, §§ 301(a)(2), (c)(11), 308(a)–(c), Oct. 7, 1998, 112 Stat. 1636, 1637, 1648, 1649; Pub. L. 110–315, title III, §§ 317, 320(4), Aug. 14, 2008, 122 Stat. 3185, 3188.)

Editorial Notes

References in TextThe Government Performance and Results Act of 1993, referred to in subsec. (a)(1)(C), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

Codification
Section was formerly classified to section 1066 of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 1068, Pub. L. 89–329, title III, § 353, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1305, which related to application review process, was renumbered section 393 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068b of this title.
Another prior section 1068, Pub. L. 89–329, title III, § 343, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1398, related to application review process and provided for reader panels, recommendation of such panels, and notification to institutions, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1068, Pub. L. 89–329, title IV, § 408, Nov. 8, 1965, 79 Stat. 1235; Pub. L. 90–575, title I, § 105(a), Oct. 16, 1968, 82 Stat. 1018; Pub. L. 91–230, title VIII, § 801, Apr. 13, 1970, 84 Stat. 190; Pub. L. 92–318, title I, § 131(a)(1)(B), June 23, 1972, 86 Stat. 247, related to programs for identifying qualified low-income students and preparing them for post secondary education, grants or contracts for planning, developing or carrying out programs, “Talent Search” program, “Upward Bound” program, “Special Services for Disadvantaged Students” program, nature of programs, waiver of matching requirement in the “Upward Bound” program and authorization of appropriations, prior to the general amendment 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.

Amendments2008—Subsec. (b)(7)(E). Pub. L. 110–315, § 320(4), substituted “subparagraph (D)” for “subparagraph (E)”.
Subsec. (e). Pub. L. 110–315, § 317, added subsec. (e).
1998—Subsec. (a). Pub. L. 105–244, § 308(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “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 its 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 if the application meets the requirements of subsection (b) of this section and shows that the applicant is eligible for assistance in accordance with the part of this subchapter under which the assistance is sought.”
Subsec. (b)(1). Pub. L. 105–244, § 308(b), inserted “, D or E” after “part C”.
Subsec. (b)(6). Pub. L. 105–244, §§ 301(c)(11), 308(c), substituted “section 1068e” for “section 1069c” and inserted “, except that for purposes of section 1059c of this title, paragraphs (2) and (3) of section 1068e of this title shall not apply” before semicolon.
1992—Subsec. (b)(7)(D) to (F). Pub. L. 102–325 redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: “information explaining the manner in which the proposed project will assist the applicant to prepare for the critical financial problems that all institutions of higher education will face during the subsequent decade as a result of declining enrollment, and other problems;”.
1987—Subsec. (b)(6). Pub. L. 100–50 substituted “section 1069c of this title” for “section 1069b of this title”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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.

Effective Date of 1987 AmendmentAmendment 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.

§ 1068a. Waiver authority and reporting requirement(a) Waiver requirements; need-based assistance studentsThe Secretary may waive the requirements set forth in section 1058(b)(1)(A) of this title in the case of an institution—(1) which is extensively subsidized by the State in which it is located and charges low or no tuition;

(2) which serves a substantial number of low-income students as a percentage of its total student population;

(3) which 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;

(5) located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians;

(6) that is a tribally controlled college or university as defined in section 1801 of title 25; or

(7) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Black Americans, Hispanic Americans, Native Americans, Asian Americans, or Pacific Islanders, including Native Hawaiians.

(b) Waiver determinations; expenditures(1) The Secretary may waive the requirements set forth in section 1058(b)(1)(B) of this title if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution’s failure to meet that criterion is due to factors which, when used in the determination of compliance with such criterion, distort such determination, and that the institution’s designation as an eligible institution under part A is otherwise consistent with the purposes of such parts.11 So in original. Probably should be “part.”

(2) The Secretary shall submit to the Congress every other year a report concerning the institutions which, although not satisfying the criterion contained in section 1058(b)(1)(B) of this title, have been determined to be eligible institutions under part A which enroll significant numbers of Black American, Hispanic, Native American, Asian American, or Native Hawaiian students under part A, as the case may be. Such report shall—(A) identify the factors referred to in paragraph (1) which were considered by the Secretary as factors that distorted the determination of compliance with subparagraphs (A) and (B) of section 1058(b)(1) of this title; and

(B) contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination.

(3) The Secretary may waive the requirement set forth in section 1058(b)(1)(E) 22 See References in Text note below. of this title in the case of an institution located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians.

(c) Waiver authority with respect to institutions located in an area affected by a Gulf hurricane disaster(1) Waiver authorityNotwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance under this subchapter at the time of a Gulf hurricane disaster, the Secretary shall, for each of the fiscal years 2009 through 2011 (and may, for each of the fiscal years 2012 and 2013)—(A) waive—(i) the eligibility data requirements set forth in section 1068(d) of this title;

(ii) the wait-out period set forth in section 1059(d) of this title;

(iii) the allotment requirements under section 1063 of this title; and

(iv) the use of the funding formula developed pursuant to section 1063b(f)(3) of this title;

(B) waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under this subchapter at the time of a Gulf hurricane disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding fiscal years, as necessary; and

(C) make available to each affected institution an amount that is not less than the amount made available to such institution under this subchapter for fiscal year 2006, except that for any fiscal year for which the funds appropriated for payments under this subchapter are less than the appropriated level for fiscal year 2006, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under this subchapter.

(2) DefinitionsIn this subsection:(A) Affected institutionThe term “affected institution” means an institution of higher education that—(i) is—(I) a part A institution (which term shall have the meaning given the term “eligible institution” under section 1058(b) of this title); or

(II) a part B institution, as such term is defined in section 1061(2) of this title, or as identified in section 1063b(e) of this title;

(ii) is located in an area affected by a Gulf hurricane disaster; and

(iii) is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institution—(I) incurred physical damage;

(II) has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and

(III) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on August 29, 2005.

(B) Area affected by a Gulf hurricane disaster; Gulf hurricane disasterThe terms “area affected by a Gulf hurricane disaster” and “Gulf hurricane disaster” have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109–148, 119 Stat. 2809).

(Pub. L. 89–329, title III, § 392, formerly § 352, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1304; amended Pub. L. 100–50, § 2(a)(14), (15), June 3, 1987, 101 Stat. 336; Pub. L. 102–325, title III, § 305(b), July 23, 1992, 106 Stat. 478; renumbered § 392 and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(d), Oct. 7, 1998, 112 Stat. 1636, 1649; Pub. L. 110–315, title III, §§ 318, 320(5), Aug. 14, 2008, 122 Stat. 3185, 3188; Pub. L. 111–39, title III, § 301(8), July 1, 2009, 123 Stat. 1938.)

Editorial Notes

References in TextSection 1058(b)(1)(E) of this title, referred to in subsec. (b)(3), was repealed and section 1058(b)(1)(F) was redesignated section 1058(b)(1)(E) by Pub. L. 102–325, title III, § 302(a)(1)(B), (C), July 23, 1992, 106 Stat. 472.
Section 209 of the Higher Education Hurricane Relief Act of 2005, referred to in subsec. (c)(2)(B), is section 209 of title IV of div. B of Pub. L. 109–148, Dec. 30, 2005, 119 Stat. 2808, which is not classified to the Code.

Codification
Section was formerly classified to section 1067 of this title prior to renumbering by Pub. L. 105–244.

Amendments2009—Subsec. (a)(6). Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to section 1801 of title 25.
2008—Subsec. (b)(2). Pub. L. 110–315, § 320(5), substituted “eligible institutions under part A” for “eligible institutions under part A institutions” in introductory provisions. See Codification note above.
Subsec. (c). Pub. L. 110–315, § 318, added subsec. (c).
1998—Subsec. (a)(5) to (7). Pub. L. 105–244 struck out “or” at end of par. (5), added par. (6), and redesignated former par. (6) as (7).
1992—Subsec. (a). Pub. L. 102–325 substituted “Secretary may waive” for “Secretary shall waive”.
1987—Subsec. (a)(2). Pub. L. 100–50, § 2(a)(14), substituted “low-income” for “low- and middle-income”.
Subsec. (b)(3). Pub. L. 100–50, § 2(a)(15), added par. (3).

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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.

Effective Date of 1987 AmendmentAmendment 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.

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the last item on page 79 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b)(2) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§ 1068b. Application review process(a) Review panel(1) All applications submitted under this subchapter by institutions of higher education shall be read by a panel of readers composed of individuals selected by the Secretary. The Secretary shall assure that no individual assigned under this section to review any application has any conflict of interest with regard to the application which might impair the impartiality with which the individual conducts the review under this section.

(2) The Secretary shall take care to assure that representatives of historically and predominantly Black colleges, Hispanic institutions, Tribal Colleges and Universities, and institutions with substantial numbers of Hispanics, Native Americans, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians) are included as readers.

(3) All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under this subchapter and consistent with the provisions of this subchapter, including—(A) explanations and examples of the types of activities referred to in section 1057(b) of this title that should receive special consideration for grants awarded under part A and of the types of activities referred to in section 1062 of this title that should receive special consideration for grants awarded under part B;

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

(C) 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.

(b) Recommendations of panelIn awarding grants under this subchapter, the Secretary shall take into consideration the recommendations of the panel made under subsection (a).

(c) NotificationNot later than June 30 of each year, the Secretary shall notify each institution of higher education making an application under 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 this subchapter, and any modifications, if any, in the recommendations of the panel made by the Secretary.

(d) ExclusionThe provisions of this section shall not apply to applications submitted under part D.

(Pub. L. 89–329, title III, § 393, formerly § 353, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1305; renumbered § 393 and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(e), Oct. 7, 1998, 112 Stat. 1636, 1649.)

Editorial Notes
Codification
Section was formerly classified to section 1068 of this title prior to renumbering by Pub. L. 105–244.

Amendments1998—Subsec. (a)(2). Pub. L. 105–244, § 308(e)(1), substituted “Tribal Colleges and Universities” for “Native American colleges and universities”.
Subsec. (d). Pub. L. 105–244, § 308(e)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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.

§ 1068c. Cooperative arrangements(a) General authorityThe Secretary may make grants to encourage cooperative arrangements—(1) with funds available to carry out part A, between institutions eligible for assistance under part A and between such institutions and institutions not receiving assistance under this subchapter; or

(2) with funds available to carry out part B, between institutions eligible for assistance under part B and institutions not receiving assistance under this subchapter;

for the activities described in section 1057(b) of this title or section 1062 of this title, as the case may be, so that the resources of the cooperating institutions might be combined and shared to achieve the purposes of such parts and avoid costly duplicative efforts and to enhance the development of part A and part B eligible institutions.

(b) PriorityThe Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant institution.

(c) DurationGrants to institutions having a cooperative arrangement may be made under this section for a period as determined under section 1059 of this title or section 1062 of this title.

(Pub. L. 89–329, title III, § 394, formerly § 354, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1305; renumbered § 394, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636.)

Editorial Notes
Codification
Section was formerly classified to section 1069 of this title prior to renumbering by Pub. L. 105–244.

§ 1068d. Assistance to institutions under other programs(a) Assistance eligibilityEach institution which the Secretary determines to be an institution eligible under part A or an institution eligible under part B may be eligible for waivers in accordance with subsection (b).

(b) Waiver applicability(1) Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by an institution referred to in subsection (a) 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) The provisions of this section shall apply to any program authorized by part D or subchapter IV of this chapter.

(c) LimitationThe Secretary shall not waive, under subsection (b), 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 fiscal year.

(Pub. L. 89–329, title III, § 395, formerly § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306; amended Pub. L. 102–325, title III, § 305(d), July 23, 1992, 106 Stat. 478; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(d)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–314; renumbered § 395 and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(f), Oct. 7, 1998, 112 Stat. 1636, 1649.)

Editorial Notes
Codification
Section was formerly classified to section 1069b of this title prior to renumbering by Pub. L. 105–244.

Amendments1998—Subsec. (b)(2). Pub. L. 105–244, § 308(f), substituted “part D or subchapter IV of this chapter” for “subchapter IV, VII, or VIII of this chapter”.
1996—Subsec. (b)(2). Pub. L. 104–208 struck out “II,” after “authorized by subchapter”.
1992—Subsec. (a). Pub. L. 102–325 substituted “may be eligible” for “shall be eligible”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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.

§ 1068e. Limitations
The funds appropriated under section 1068h 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 such institution;

(3) for an activity that is inconsistent with a State plan of higher education applicable to such institution; or

(4) for purposes other than the purposes set forth in the approved application under which the funds were made available to the institution.

(Pub. L. 89–329, title III, § 396, formerly § 357, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; renumbered § 396, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636; amended Pub. L. 110–315, title III, § 320(6), Aug. 14, 2008, 122 Stat. 3188.)

Editorial Notes
Codification
Section was formerly classified to section 1069c of this title prior to renumbering by Pub. L. 105–244.

Amendments2008—Pub. L. 110–315 substituted “1068h of this title” for “1069f of this title” in introductory provisions.

§ 1068f. Penalties
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 which 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.
(Pub. L. 89–329, title III, § 397, formerly § 358, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; renumbered § 397, Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636.)

Editorial Notes
Codification
Section was formerly classified to section 1069d of this title prior to renumbering by Pub. L. 105–244.

§ 1068g. Continuation awards
The Secretary shall make continuation awards under this subchapter for the second and succeeding years of a grant only after determining that the recipient is making satisfactory progress in carrying out the grant.
(Pub. L. 89–329, title III, § 398, as added Pub. L. 105–244, title III, § 308(g), Oct. 7, 1998, 112 Stat. 1649.)

Statutory Notes and Related Subsidiaries
Effective DateSection 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.

§ 1068h. Authorization of appropriations(a) Authorizations(1) Part A(A) There are authorized to be appropriated to carry out part A (other than sections 1059c through 1059g of this title), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B) There are authorized to be appropriated to carry out section 1059c of this title, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(C) There are authorized to be appropriated to carry out section 1059d of this title, $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(D) There are authorized to be appropriated to carry out section 1059e of this title, $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years.

(E) There are authorized to be appropriated to carry out section 1059f of this title, $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(F) There are authorized to be appropriated to carry out section 1059g of this title, $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(2) Part B(A) There are authorized to be appropriated to carry out part B (other than section 1063b of this title), $375,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B) There are authorized to be appropriated to carry out section 1063b of this title, $125,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(3) Part CThere are authorized to be appropriated to carry out part C, $10,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(4) Part D(A) There are authorized to be appropriated to carry out part D (other than section 1066d(9) of this title, but including section 1066f of this title), $185,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B) There are authorized to be appropriated to carry out section 1066d(9) of this title such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(5) Part E(A) There are authorized to be appropriated to carry out subpart 1 of part E, $12,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.

(B) There are authorized to be appropriated to carry out subpart 2 of part E, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

(b) Use of multiple year awardsIn the event of a multiple year award to any 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 recipient.

(Pub. L. 89–329, title III, § 399, formerly § 360, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307; amended Pub. L. 102–325, title III, § 305(e)–(g), July 23, 1992, 106 Stat. 479; renumbered § 399, and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(h), Oct. 7, 1998, 112 Stat. 1636, 1649; Pub. L. 110–315, title III, § 319, Aug. 14, 2008, 122 Stat. 3186.)

Editorial Notes
Codification
Section was formerly classified to section 1069f of this title prior to renumbering by Pub. L. 105–244.

Prior ProvisionsA prior section 1069, Pub. L. 89–329, title III, § 354, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1305, which related to cooperative arrangements, was renumbered section 394 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068c of this title.
Another prior section 1069, Pub. L. 89–329, title III, § 344, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1399, provided for a program of grants to encourage cooperative arrangements between institutions, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 1069, Pub. L. 89–329, title IV, § 409, Nov. 8, 1965, 79 Stat. 1236, related to definition of academic year, prior to the general amendment 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.
A prior section 1069a, Pub. L. 89–329, title III, § 355, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306; amended Pub. L. 100–50, § 2(a)(16), (17), June 3, 1987, 101 Stat. 336, related to special payments rules, prior to repeal by Pub. L. 102–325, § 2, title III, § 305(c), July 23, 1992, 106 Stat. 458, 478, effective Oct. 1, 1992.
Another prior section 1069a, Pub. L. 89–329, title III, § 345, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1399, related to assistance to institutions under other programs, prior to the general amendment of this subchapter by Pub. L. 99–498.
A prior section 1069b, Pub. L. 89–329, title III, § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306, and amended, which related to assistance to institutions under other programs, was renumbered section 395 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068d of this title.
Another prior section 1069b, Pub. L. 89–329, title III, § 346, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1400, limited activities for which funds appropriated to carry out this subchapter could be expended, prior to the general amendment of this subchapter by Pub. L. 99–498.
A prior section 1069c, Pub. L. 89–329, title III, § 357, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, which related to limitations on use of funds, was renumbered section 396 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068e of this title.
Another prior section 1069c, Pub. L. 89–329, title III, § 347, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1400, and Pub. L. 98–95, § 3, Sept. 26, 1983, 97 Stat. 711; Pub. L. 98–312, § 1, June 12, 1984, 98 Stat. 233, authorized appropriations to carry out parts A to C of this subchapter, prior to the general amendment of this subchapter by Pub. L. 99–498.
A prior section 1069d, Pub. L. 89–329, title III, § 358, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, which related to penalties, was renumbered section 397 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068f of this title.
A prior section 1069e, Pub. L. 89–329, title III, § 359, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, required application for challenge grant, prior to repeal by Pub. L. 102–325, § 2, title III, § 305(c), July 23, 1992, 106 Stat. 458, 478, effective Oct. 1, 1992.
A prior section 1069f, Pub. L. 89–329, title III, § 360, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1307, and amended, which authorized appropriations, was renumbered section 399 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to this section.

Amendments2008—Subsec. (a). Pub. L. 110–315 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authorizations for parts A to E for fiscal year 1999 and each of the 4 succeeding fiscal years.
1998—Subsec. (a)(1)(A). Pub. L. 105–244, § 308(h)(1)(A), substituted “1999” for “1993”.
Subsec. (a)(1)(B). Pub. L. 105–244, § 308(h)(1)(B), redesignated cl. (i) as entire subpar., substituted “$10,000,000 for fiscal year 1999” for “$45,000,000 for fiscal year 1993”, and struck out cl. (ii) which read as follows: “No funds are authorized to be appropriated pursuant to clause (i) for any fiscal year unless the amount appropriated pursuant to paragraph (1)(A) for such fiscal year equals or exceeds $80,000,000.”
Subsec. (a)(1)(C). Pub. L. 105–244, § 308(h)(1)(C), added subpar. (C).
Subsec. (a)(2)(A). Pub. L. 105–244, § 308(h)(2)(A), substituted “1999” for “1993”.
Subsec. (a)(2)(B). Pub. L. 105–244, § 308(h)(2)(B), substituted “$35,000,000 for fiscal year 1999” for “$20,000,000 for fiscal year 1993”.
Subsec. (a)(3). Pub. L. 105–244, § 308(h)(3), substituted “$10,000,000 for fiscal year 1999” for “$50,000,000 for fiscal year 1993”.
Subsec. (a)(4), (5). Pub. L. 105–244, § 308(h)(4), added pars. (4) and (5).
Subsec. (c). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (c). Text read as follows: “If the amount appropriated under subsection (a)(1) of this section for part A of this subchapter for any fiscal year beginning after September 30, 1986, equals or exceeds the amount appropriated for such part for fiscal year 1986, the Secretary shall, for such fiscal year—
“(1) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions at which at least 60 percent of the students are African Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and
“(2) allocate 75 percent of such excess among other eligible institutions.”
Subsec. (d). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (d). Text read as follows: “In any fiscal year in which the sums appropriated for part A of this subchapter are insufficient to make the reservations required by subsection (c) of this section, the Secretary shall ratably reduce the amount of the reservation.”
Subsec. (e). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (e). Text read as follows: “In any fiscal year beginning after September 30, 1992, the Secretary shall award at least 25 percent of the amount appropriated pursuant to the authority of paragraph (3) of subsection (a) of this section in each fiscal year to historically black colleges and universities that meet the requirements of part C of this subchapter, unless there are an insufficient number of quality applications or an insufficient number of applications due to the provisions in subsection (b)(2)(C) or subsection (b)(4)(B) of section 1065 of this title.”
1992—Subsec. (a). Pub. L. 102–325, § 305(e), amended subsec. (a) generally, substituting present provisions for provisions authorizing appropriations for fiscal year 1987 and the four succeeding fiscal years.
Subsec. (c). Pub. L. 102–325, § 305(f), substituted “1986, the Secretary shall, for such fiscal year—” for “1986—” in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:
“(1) the Secretary shall, for such fiscal year, make available for use for the purposes of part A of this subchapter to institutions that are junior or community colleges not less than $51,400,000; and
“(2) the Secretary shall, for such fiscal year—
“(A) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions with the highest percentages of students who are Black Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and
“(B) allocate 75 percent of such excess among other eligible institutions.”
Subsec. (e). Pub. L. 102–325, § 305(g), added subsec. (e).

Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment 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 AmendmentAmendment 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.

SUBCHAPTER IV—STUDENT ASSISTANCE
Part A—Grants to Students in Attendance at Institutions of Higher Education

Editorial Notes
Codification
Part A of title IV of the Higher Education Act of 1965, comprising this part, was originally enacted by Pub. L. 89–329, title IV, Nov. 8, 1965, 79 Stat. 1232, and amended by Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–328, June 30, 1976, 90 Stat. 727; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–43, June 15, 1977, 91 Stat. 213; Pub. L. 95–336, Aug. 4, 1978, 92 Stat. 451; Pub. L. 95–566, Nov. 1, 1978, 92 Stat. 2402; Pub. L. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 97–301, Oct. 13, 1982, 96 Stat. 1400; Pub. L. 98–558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99–145, Nov. 8, 1985, 99 Stat. 583. Such part is shown herein, however, as having been added by Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1308, without reference to such intervening amendments because of the extensive revision of part A by Pub. L. 99–498.

§ 1070. Statement of purpose; program authorization(a) PurposeIt is the purpose of this part, to assist in making available the benefits of postsecondary education to eligible students (defined in accordance with section 1091 of this title) in institutions of higher education by—(1) providing Federal Pell Grants to all eligible students;

(2) providing supplemental educational opportunity grants to those students who demonstrate financial need;

(3) providing for payments to the States to assist them in making financial aid available to such students;

(4) providing for special programs and projects designed (A) to identify and encourage qualified youths with financial or cultural need with a potential for postsecondary education, (B) to prepare students from low-income families for postsecondary education, and (C) to provide remedial (including remedial language study) and other services to students; and

(5) providing assistance to institutions of higher education.

(b) Secretary required to carry out purposesThe Secretary shall, in accordance with subparts 1 through 9 of this part, carry out programs to achieve the purposes of this part.

(Pub. L. 89–329, title IV, § 400, formerly § 401, as added Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1308; renumbered § 400, Pub. L. 102–325, title IV, § 402(a)(3), July 23, 1992, 106 Stat. 482; amended Pub. L. 105–244, title IV, § 401(g)(1), Oct. 7, 1998, 112 Stat. 1652; Pub. L. 111–39, title IV, § 401(a)(1), July 1, 2009, 123 Stat. 1938.)

Editorial Notes
Prior ProvisionsA prior section 1070, Pub. L. 89–329, title IV, § 401, as added and amended Pub. L. 92–318, title I, § 131(b)(1), title X, § 1001(c)(1), (2), June 23, 1972, 86 Stat. 247, 381; Pub. L. 94–482, title I, § 125, Oct. 12, 1976, 90 Stat. 2096; Pub. L. 96–374, title IV, § 401, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503, stated purpose of program of grants to students in attendance at institutions of higher education, prior to the general revision of this part by Pub. L. 99–498.

Amendments2009—Subsec. (b). Pub. L. 111–39 substituted “1 through 9” for “1 through 8”.
1998—Subsec. (a)(1). Pub. L. 105–244 substituted “Federal Pell Grants” for “basic educational opportunity grants”.

Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1998 AmendmentAmendment 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.

Higher Education Relief Opportunities for StudentsPub. L. 108–76, §§ 1–5, Aug. 18, 2003, 117 Stat. 904, formerly set out in a note under this section, was transferred to part G–1 (§ 1098aa et seq.) of this subchapter. Pub. L. 108–76, § 6, Aug. 18, 2003, 117 Stat. 908, as amended by Pub. L. 109–78, § 1, Sept. 30, 2005, 119 Stat. 2043, formerly set out in the same note under this section, which provided for termination of Pub. L. 108–76 on Sept. 30, 2007, was repealed by Pub. L. 110–93, § 2, Sept. 30, 2007, 121 Stat. 999.
Pub. L. 107–122, Jan. 15, 2002, 115 Stat. 2386, known as the Higher Education Relief Opportunities for Students Act of 2001, authorized the Secretary of Education to waive or modify statutory or regulatory provisions applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) as deemed necessary because of a national emergency, provided sense of Congress as to tuition refunds from institutions of postsecondary education, and provided that the Act ceased to be effective Sept. 30, 2003.

Community Scholarship MobilizationPub. L. 105–244, title VIII, part C, Oct. 7, 1998, 112 Stat. 1810, known as the Community Scholarship Mobilization Act, which established regional, State and community program centers to foster development of local entities in high poverty areas that promote higher education goals for low-income students with academic support and scholarship assistance for postsecondary education, was repealed by Pub. L. 110–315, title IX, § 931(2), Aug. 14, 2008, 122 Stat. 3456.

Community School PartnershipsPub. L. 103–382, title V, part B, Oct. 20, 1994, 108 Stat. 4045, which provided for grants to establish community centers giving academic support and postsecondary scholarships to poor students, was repealed by Pub. L. 105–277, div. A, § 101(f) [title VIII, § 301(a)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–410.

Study of Federal Benefit CoordinationPub. L. 102–325, title XIV, § 1405, July 23, 1992, 106 Stat. 818, directed Secretary of Education to conduct a study to evaluate the coordination of Federal student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) with other programs funded in whole or in part with Federal funds, with Secretary to prepare and submit to appropriate committees of Congress a report on the study not later than 3 years after July 23, 1992, together with such recommendations as the Secretary deemed appropriate, prior to repeal by Pub. L. 105–332, § 6(b)(2), Oct. 31, 1998, 112 Stat. 3128.

Olympic ScholarshipsPub. L. 102–325, title XV, § 1543, July 23, 1992, 106 Stat. 836, as amended by Pub. L. 105–244, title VIII, § 836, Oct. 7, 1998, 112 Stat. 1820; Pub. L. 106–554, § 1(a)(1) [title III, § 319], Dec. 21, 2000, 114 Stat. 2763, 2763A–49; Pub. L. 107–116, title III, § 305(a), Jan. 10, 2002, 115 Stat. 2208; Pub. L. 110–315, title IX, § 934, Aug. 14, 2008, 122 Stat. 3460, provided that:
“(a) Scholarships Authorized.—“(1) In general.—The Secretary of Education is authorized to provide financial assistance to the United States Olympic Education Center or the United States Olympic Training Center to enable such centers to provide financial assistance to athletes who are training at such centers and are pursuing postsecondary education at institutions of higher education (as such term is defined in section 481(a) of the Higher Education Act of 1965 [20 U.S.C. 1088(a)]).

“(2) Award determination.—The amount of the financial assistance provided to an athlete described in paragraph (1) shall be determined in accordance with criteria, and in amounts, specified in the application of the center under subsection (c). Such assistance shall not exceed the athlete’s cost of attendance as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

“(3) Information on distribution of assistance.—Each center providing such assistance shall annually report to the Secretary such information as the Secretary may reasonably require on the distribution of such assistance among athletes and institutions of higher education. The Secretary shall compile such reports and submit them to the Committees on Education and the Workforce [now Education and Labor] and Appropriations of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Appropriations of the Senate.

“(b) Eligibility.—The Secretary of Education shall ensure that financial assistance provided under this part [part E (§ 1543) of Pub. L. 102–325] is available to both full-time and part-time students who are athletes at centers described in subsection (a).

“(c) Application.—Each center desiring financial assistance under this section shall submit an application to the Secretary of Education at such time, in such manner and accompanied by such information as the Secretary may reasonably require.

“(d) Authorization of Appropriations.—There are authorized to be appropriated $5,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years to carry out this section.

“(e) Designation.—Scholarships awarded under this section shall be known as ‘B.J. Stupak Olympic Scholarships’.”

[Pub. L. 107–116, title III, § 305(b), Jan. 10, 2002, 115 Stat. 2208, provided that: “The amendments made by subsection (a) [amending section 1543 of Pub. L. 102–325, set out above] shall apply with respect to any funds appropriated pursuant to section 1543(d) of the Higher Education Amendments of 1992 [section 1543(d) of Pub. L. 102–325, set out above], including funds appropriated pursuant to that section in fiscal years 2000 and 2001, that are available for financial assistance under section 1543 on or after the date of enactment of this Act [Jan. 10, 2002].”
]

Persian Gulf Conflict Higher Education AssistancePub. L. 102–26, §§ 4–6, Apr. 9, 1991, 105 Stat. 125–127, provided that:
“SEC. 4. OPERATION DESERT SHIELD/DESERT STORM WAIVER AUTHORITY.“(a) Purpose.—It is the purpose of this section to ensure that—“(1) the men and women serving on active duty in connection with Operation Desert Shield or Operation Desert Storm who are borrowers of Stafford Loans or Perkins Loans are not placed in a worse position financially in relation to those loans because of such service;

“(2) the administrative requirements placed on all borrowers of student loans made in accordance with title IV of the Act [20 U.S.C. 1070 et seq.] who are engaged in such military service are minimized to the extent possible without impairing the integrity of the student loan programs, in order to ease the burden on such borrowers, and to avoid inadvertent, technical defaults; and

“(3) the future eligibility of such an individual for Pell Grants is not reduced by the amount of such assistance awarded for a period of instruction that such individual was unable to complete, or for which the individual did not receive academic credit, because he or she was called up for such service.

“(b) Waiver Requirement.—Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary of Education shall waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Act that the Secretary deems necessary to achieve the purposes stated in subsection (a), including—“(1) the length of, and eligibility requirements for, the military deferments authorized under sections 427(a)(2)(C)(ii), 428(b)(1)(M)(ii), and 464(c)(2)(A)(ii) of the Act [20 U.S.C. 1077(a)(2)(C)(ii), 1078(b)(1)(M)(ii), 1087dd(c)(2)(A)(ii)], in order to enable the borrower of a Stafford Loan or a Perkins Loan who is or was serving on active duty in connection with Operation Desert Shield or Operation Desert Storm to obtain a military deferment, under which interest shall accrue and shall, if otherwise payable by the Secretary, be paid by the Secretary of Education, for the duration of such service;

“(2) administrative requirements placed on all borrowers of student loans made in accordance with title IV of the Act who are or were engaged in such military service;

“(3) the number of years for which individuals who are engaged in such military service may be eligible for Pell Grants under subpart 1 of part A of title IV of the Act [20 U.S.C. 1070a et seq.];

“(4) the point at which the borrower of a Stafford Loan who is or was engaged in such military service is required to resume repayment of principal and interest on such loan after the borrower completes a period of deferment under section 427(a)(2)(C)(ii) or 428(b)(1)(M)(ii) of the Act;

“(5) the point at which the borrower of a Stafford Loan who is or was engaged in such military service is required to resume repayment of principal and interest on such loan after the borrower completes a single period of deferment under section 427(a)(2)(C)(i) or 428(b)(1)(M)(i) of the Act subsequent to such service; and

“(6) the modification of the terms ‘annual adjusted family income’ and ‘available income,’ as used in the determination of need for student financial assistance under title IV of the Act for such individual (and the determination of such need for his or her spouse and dependents, if applicable), to mean the sums received in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such individual and his or her family.

“(c) Notice of Waiver.—Notwithstanding section 431 [now 437] of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall, by notice in the Federal Register, publish the waivers or modifications of statutory and regulatory provisions the Secretary deems necessary to achieve the purposes of this section. Such notice shall include the terms and conditions to be applied in lieu of such statutory and regulatory provisions. The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis.

“(d) Definitions.—For purposes of this Act [probably should be “section”]—“(1) Individuals ‘serving on active duty in connection with Operation Desert Shield or Operation Desert Storm’ shall include—“(A) any Reserve of an Armed Force called to active duty under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], or 688 of title 10, United States Code, for service in connection with Operation Desert Shield or Operation Desert Storm, regardless of the location at which such active duty service is performed; and

“(B) for purposes of waivers of administrative requirements under subsection (b)(2) only, any other member of an Armed Force on active duty in connection with Operation Desert Shield or Operation Desert Storm, who has been assigned to a duty station at a location other than the location at which such member is normally assigned.

“(2) The term ‘active duty’ has the meaning given such term in section 101(22) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school.

“SEC. 5. TUITION REFUNDS OR CREDITS.“(a) Sense of Congress.—It is the sense of the Congress that all institutions offering postsecondary education should provide a full refund to any member or Reserve of an Armed Force on active duty service in connection with Operation Desert Shield or Operation Desert Storm for that portion of a period of instruction such individual was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for such service. For purposes of this section, a full refund includes a refund of required tuition and fees, or a credit in a comparable amount against future tuition and fees.

“(b) Encouragement and Report.—The Secretary of Education shall encourage institutions to provide such refunds or credits, and shall report to the appropriate committees of Congress on the actions taken in accordance with this subsection as well as information he receives regarding any institutions that are not providing such refunds or credits.

“SEC. 6. TERMINATION OF AUTHORITY.“The provisions of sections 4 and 5 shall cease to be effective on September 30, 1997.”

Pub. L. 102–25, title III, part E (§§ 371–376), Apr. 6, 1991, 105 Stat. 93, provided that:
“SEC. 371. SHORT TITLE“This part may be cited as the ‘Persian Gulf Conflict Higher Education Assistance Act’.

“SEC. 372. [Superseded by section 4 of Pub. L. 102–26, set out above.]

“SEC. 373. [Superseded by section 5 of Pub. L. 102–26, set out above.]

“SEC. 374. [Amended section 294d of Title 42, The Public Health and Welfare.]

“SEC. 375. [Superseded by section 6 of Pub. L. 102–26, set out above.]

“SEC. 376. COORDINATION WITH OTHER LAW“If the Higher Education Technical Amendments of 1991 [Pub. L. 102–26, see Short Title of 1991 Amendment note set out under section 1001 of this title] is enacted, the provisions of sections 4, 5, and 6 of that Act shall supersede sections 372, 373, and 375.”

subpart 1—federal pell grants

Editorial Notes
Codification
Pub. L. 105–244, title IV, § 401(g)(2), Oct. 7, 1998, 112 Stat. 1652, amended subpart heading generally.

§ 1070a. Federal Pell Grants: amount and determinations; applications(a) Program authority and method of distribution(1) For each fiscal year through fiscal year 2017, the Secretary shall pay to each eligible institution such sums as may be necessary to pay to each eligible student (defined in accordance with section 1091 of this title) for each academic year during which that student is in attendance at an institution of higher education, as an undergraduate, a Federal Pell Grant in the amount for which that student is eligible, as determined pursuant to subsection (b). Not less than 85 percent of such sums shall be advanced to eligible institutions prior to the start of each payment period and shall be based upon an amount requested by the institution as needed to pay eligible students until such time as the Secretary determines and publishes in the Federal Register with an opportunity for comment, an alternative payment system that provides payments to institutions in an accurate and timely manner, except that this sentence shall not be construed to limit the authority of the Secretary to place an institution on a reimbursement system of payment.

(2) Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to students, in advance of the beginning of the academic term, an amount for which they are eligible, in cases where the eligible institution elects not to participate in the disbursement system required by paragraph (1).

(3) Grants made under this subpart shall be known as “Federal Pell Grants”.

(b) Purpose and amount of grants(1) The purpose of this subpart is to provide a Federal Pell Grant that in combination with reasonable family and student contribution and supplemented by the programs authorized under subparts 3 and 4 of this part, will meet at least 75 percent of a student’s cost of attendance (as defined in section 1087ll of this title), unless the institution determines that a greater amount of assistance would better serve the purposes of this section.

(2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be—(i) the maximum Federal Pell Grant, as specified in the last enacted appropriation Act applicable to that award year, plus

(ii) the amount of the increase calculated under paragraph (7)(B) for that year, less

(iii) an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.

(B) In any case where a student attends an institution of higher education on less than a full-time basis (including a student who attends an institution of higher education on less than a half-time basis) during any academic year, the amount of the Federal Pell Grant to which that student is entitled shall be reduced in proportion to the degree to which that student is not so attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this division, computed in accordance with this subpart. Such schedule of reductions shall be established by regulation and published in the Federal Register in accordance with section 1089 of this title.

(3) No Federal Pell Grant under this subpart shall exceed the difference between the expected family contribution for a student and the cost of attendance (as defined in section 1087ll of this title) at the institution at which that student is in attendance. If, with respect to any student, it is determined that the amount of a Federal Pell Grant plus the amount of the expected family contribution for that student exceeds the cost of attendance for that year, the amount of the Federal Pell Grant shall be reduced until the combination of expected family contribution and the amount of the Federal Pell Grant does not exceed the cost of attendance at such institution.

(4) No Federal Pell Grant shall be awarded to a student under this subpart if the amount of that grant for that student as determined under this subsection for any academic year is less than ten percent of the maximum amount of a Federal Pell Grant award determined under paragraph (2)(A) for such academic year.

(5) Notwithstanding any other provision of this subpart, the Secretary shall allow the amount of the Federal Pell Grant to be exceeded for students participating in a program of study abroad approved for credit by the institution at which the student is enrolled when the reasonable costs of such program are greater than the cost of attendance at the student’s home institution, except that the amount of such Federal Pell Grant in any fiscal year shall not exceed the maximum amount of a Federal Pell Grant award determined under paragraph (2)(A), for which a student is eligible during such award year. If the preceding sentence applies, the financial aid administrator at the home institution may use the cost of the study abroad program, rather than the home institution’s cost, to determine the cost of attendance of the student.

(6) No Federal Pell Grant shall be awarded under this subpart to any individual who is incarcerated in any Federal or State penal institution or who is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible sexual offense (as determined in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program).

(7) Additional funds.—(A) In general.—There are authorized to be appropriated, and there are appropriated (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated) the following amounts—(i) $2,030,000,000 for fiscal year 2008;

(ii) $2,733,000,000 for fiscal year 2009;

(iii) to carry out subparagraph (B) of this paragraph, such sums as may be necessary for fiscal year 2010 and each subsequent fiscal year to provide the amount of increase of the maximum Federal Pell Grant required by clauses (ii) and (iii) of subparagraph (B); and

(iv) to carry out this section—(I) $13,500,000,000 for fiscal year 2011;

(II) $13,795,000,000 for fiscal year 2012;

(III) $7,587,000,000 for fiscal year 2013;

(IV) $588,000,000 for fiscal year 2014;

(V) $0 for fiscal year 2015;

(VI) $0 for fiscal year 2016;

(VII) $1,320,000,000 for fiscal year 2017;

(VIII) $1,334,000,000 for fiscal year 2018;

(IX) $1,370,000,000 for fiscal year 2019;

(X) $1,455,000,000 for fiscal year 2020; and

(XI) $1,170,000,000 for fiscal year 2021 and each succeeding fiscal year.

(B) Increase in federal pell grants.—The amounts made available pursuant to clauses (i) through (iii) of subparagraph (A) of this paragraph shall be used to increase the amount of the maximum Federal Pell Grant for which a student shall be eligible during an award year, as specified in the last enacted appropriation Act applicable to that award year, by—(i) $490 for each of the award years 2008–2009 and 2009–2010;

(ii) $690 for each of the award years 2010–2011, 2011–2012, and 2012–2013; and

(iii) the amount determined under subparagraph (C) for each succeeding award year.

(C) Adjustment amounts.—(i) Award year 2013–2014.—For award year 2013–2014, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to—(I) $5,550 or the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), whichever is greater, increased by a percentage equal to the annual adjustment percentage for award year 2013–2014, reduced by

(II) $4,860 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater; and

(III) rounded to the nearest $5.

(ii) Award years 2014–2015 through 2017–2018.—For each of the award years 2014–2015 through 2017–2018, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to—(I) the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), increased by a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined, reduced by

(II) $4,860 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater; and

(III) rounded to the nearest $5.

(iii) Subsequent award years.—For award year 2018–2019 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to the amount determined under clause (ii) for award year 2017–2018.

(iv) Definitions.—For purposes of this subparagraph—(I) the term “annual adjustment percentage” as applied to an award year, is equal to the estimated percentage change in the Consumer Price Index (as determined by the Secretary, using the definition in section 1087rr(f) of this title) for the most recent calendar year ending prior to the beginning of that award year; and

(II) the term “total maximum Federal Pell Grant” as applied to a preceding award year, is equal to the sum of—(aa) the maximum Federal Pell Grant for which a student is eligible during an award year, as specified in the last enacted appropriation Act applicable to that preceding award year; and

(bb) the amount of the increase in the maximum Federal Pell Grant required by this paragraph for that preceding award year.

(D) Program requirements and operations otherwise unaffected.—Except as provided in subparagraphs (B) and (C), nothing in this paragraph shall be construed to alter the requirements and operations of the Federal Pell Grant Program as authorized under this section, or authorize the imposition of additional requirements or operations for the determination and allocation of Federal Pell Grants under this section.

(E) Ratable increases and decreases.—The amounts specified in subparagraph (B) shall be ratably increased or decreased to the extent that funds available under subparagraph (A) exceed or are less than (respectively) the amount required to provide the amounts specified in subparagraph (B).

(F) Availability of funds.—The amounts made available by subparagraph (A) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year.

(8)(A) Effective in the 2017–2018 award year and thereafter, the Secretary shall award an eligible student not more than one and one-half Federal Pell Grants during a single award year to permit such student to work toward completion of an eligible program if, during that single award year, the student—(i) has received a Federal Pell Grant for an award year and is enrolled in an eligible program for one or more additional payment periods during the same award year that are not otherwise fully covered by the student’s Federal Pell Grant; and

(ii) is enrolled on at least a half-time basis while receiving any funds under this section.

(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.

(C) Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student’s duration limit under subsection (c)(5).

(D) In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans two award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned, as it determines is most beneficial to students.

(c) Period of eligibility for grants(1) The period during which a student may receive Federal Pell Grants shall be the period required for the completion of the first undergraduate baccalaureate course of study being pursued by that student at the institution at which the student is in attendance except that any period during which the student is enrolled in a noncredit or remedial course of study as defined in paragraph (2) shall not be counted for the purpose of this paragraph.

(2) Nothing in this section shall exclude from eligibility courses of study which are noncredit or remedial in nature (including courses in English language instruction) which are determined by the institution to be necessary to help the student be prepared for the pursuit of a first undergraduate baccalaureate degree or certificate or, in the case of courses in English language instruction, to be necessary to enable the student to utilize already existing knowledge, training, or skills. Nothing in this section shall exclude from eligibility programs of study abroad that are approved for credit by the home institution at which the student is enrolled.

(3) No student is entitled to receive Pell Grant payments concurrently from more than one institution or from the Secretary and an institution.

(4) Notwithstanding paragraph (1), the Secretary may allow, on a case-by-case basis, a student to receive a Federal Pell Grant if the student—(A) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education; and

(B) is enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree, and in courses required by a State in order for the student to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State,

except that this paragraph shall not apply to a student who is enrolled in an institution of higher education that offers a baccalaureate degree in education.

(5) The period during which a student may receive Federal Pell Grants shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but was enrolled at a fraction of full-time, that only that same fraction of such semester or equivalent shall count towards such duration limits.

(d) Applications for grants(1) The Secretary shall from time to time set dates by which students shall file applications for Federal Pell Grants under this subpart.

(2) Each student desiring a Federal Pell Grant for any year shall file an application therefor containing such information and assurances as the Secretary may deem necessary to enable the Secretary to carry out the functions and responsibilities of this subpart.

(e) Distribution of grants to studentsPayments under this section shall be made in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purpose of this section. Any disbursement allowed to be made by crediting the student’s account shall be limited to tuition and fees and, in the case of institutionally owned housing, room and board. The student may elect to have the institution provide other such goods and services by crediting the student’s account.

(f) Calculation of eligibility(1) Each contractor processing applications for awards under this subpart (including a central processor, if any, designated by the Secretary) shall, in a timely manner, furnish to the student financial aid administrator (at each institution of higher education which a student awarded a Federal Pell Grant under this subpart is attending), as a part of its regular output document, the expected family contribution for each such student. Each such student financial aid administrator shall—(A) examine and assess the data used to calculate the expected family contribution of the student furnished pursuant to this subsection;

(B) recalculate the expected family contribution of the student if there has been a change in circumstances of the student or in the data submitted;

(C) make the award to the student in the correct amount; and

(D) after making such award report the corrected data to such contractor and to a central processor (if any) designated by the Secretary for a confirmation of the correct computation of amount of the expected family contribution for each such student.

(2) Whenever a student receives an award under this subpart that, due to recalculation errors by the institution of higher education, is in excess of the amount which the student is entitled to receive under this subpart, such institution of higher education shall pay to the Secretary the amount of such excess unless such excess can be resolved in a subsequent disbursement to the institution.

(3) Each contractor processing applications for awards under this subpart shall for each academic year after academic year 1986–1987 prepare and submit a report to the Secretary on the correctness of the computations of amount of the expected family contribution, and on the accuracy of the questions on the application form under this subpart for the previous academic year for which the contractor is responsible. The Secretary shall transmit the report, together with the comments and recommendations of the Secretary, to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees.

(g) Insufficient appropriationsIf, for any fiscal year, the funds appropriated for payments under this subpart are insufficient to satisfy fully all entitlements, as calculated under subsection (b) (but at the maximum grant level specified in such appropriation), the Secretary shall promptly transmit a notice of such insufficiency to each House of the Congress, and identify in such notice the additional amount that would be required to be appropriated to satisfy fully all entitlements (as so calculated at such maximum grant level).

(h) Use of excess funds(1) If, at the end of a fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make the payments required under this subpart to eligible students by 15 percent or less, then all of the excess funds shall remain available for making payments under this subpart during the next succeeding fiscal year.

(2) If, at the end of a fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make the payments required under this subpart to eligible students by more than 15 percent, then all of such funds shall remain available for making such payments but payments may be made under this paragraph only with respect to entitlements for that fiscal year.

(i) Treatment of institutions and students under other lawsAny institution of higher education which enters into an agreement with the Secretary to disburse to students attending that institution the amounts those students are eligible to receive under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish a function of the Secretary. Recipients of Pell Grants shall not be considered to be individual grantees for purposes of chapter 81 of title 41.

(j) Institutional ineligibility based on default rates(1) In generalNo institution of higher education shall be an eligible institution for purposes of this subpart if such institution of higher education is ineligible to participate in a loan program under part B or D as a result of a final default rate determination made by the Secretary under part B or D after the final publication of cohort default rates for fiscal year 1996 or a succeeding fiscal year.

(2) Sanctions subject to appeal opportunityNo institution may be subject to the terms of this subsection unless the institution has had the opportunity to appeal the institution’s default rate determination under regulations issued by the Secretary for the loan program authorized under part B or D, as applicable. This subsection shall not apply to an institution that was not participating in the loan program authorized under part B or D on October 7, 1998, unless the institution subsequently participates in the loan programs.

(Pub. L. 89–329, title IV, § 401, formerly § 411, as added Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1309; amended Pub. L. 100–50, § 3(a), June 3, 1987, 101 Stat. 337; renumbered § 401 and amended Pub. L. 102–325, title IV, §§ 401(a)–(h), 402(a)(3), July 23, 1992, 106 Stat. 479–482; Pub. L. 103–208, § 2(b)(1)–(5), (k)(1), Dec. 20, 1993, 107 Stat. 2458, 2485; Pub. L. 103–322, title II, § 20411(a), Sept. 13, 1994, 108 Stat. 1828; Pub. L. 105–244, title IV, § 401(a)–(f), (g)(3), (4), Oct. 7, 1998, 112 Stat. 1650–1652; Pub. L. 110–84, title I, §§ 101(a), 102, Sept. 27, 2007, 121 Stat. 784; Pub. L. 110–315, title I, § 103(b)(3), title IV, § 401(a)(1), (b), (c)(1), Aug. 14, 2008, 122 Stat. 3088, 3188, 3189; Pub. L. 111–5, div. A, title VIII, § 806, Feb. 17, 2009, 123 Stat. 190; Pub. L. 111–39, title IV, § 401(a)(2), (3), July 1, 2009, 123 Stat. 1938; Pub. L. 111–152, title II, § 2101(a), (b)(1), Mar. 30, 2010, 124 Stat. 1071, 1073; Pub. L. 112–10, div. B, title VIII, § 1860(a), Apr. 15, 2011, 125 Stat. 169; Pub. L. 112–25, title V, § 501, Aug. 2, 2011, 125 Stat. 266; Pub. L. 112–74, div. F, title III, § 309(a), (f), Dec. 23, 2011, 125 Stat. 1100, 1103; Pub. L. 113–235, div. G, title III, § 309(b), Dec. 16, 2014, 128 Stat. 2506; Pub. L. 114–113, div. H, title III, § 313(2), Dec. 18, 2015, 129 Stat. 2639; Pub. L. 115–31, div. H, title III, § 310, May 5, 2017, 131 Stat. 552; Pub. L. 115–141, div. H, title III, § 310, Mar. 23, 2018, 132 Stat. 750; Pub. L. 115–245, div. B, title III, § 311, Sept. 28, 2018, 132 Stat. 3106; Pub. L. 116–91, § 7, Dec. 19, 2019, 133 Stat. 1196; Pub. L. 116–260, div. FF, title VII, § 703, Dec. 27, 2020, 134 Stat. 3191.)

Amendment of SectionPub. L. 116–260, div. FF, title VII, §§ 701(b), 703, Dec. 27, 2020, 134 Stat. 3137, 3191, provided that, effective July 1, 2023, except as otherwise expressly provided, and applicable with respect to award year 2023–2024 and each subsequent award year, as determined under this chapter, this section is amended to read as follows:
§ 1070a. Federal Pell Grants: amount and determinations; applications
(a) Purpose; definitions
(1) Purpose
The purpose of this subpart is to provide a Federal Pell Grant to low-income students.
(2) Definitions
In this section—
(A) the term “adjusted gross income” means—
(i) in the case of a dependent student, the adjusted gross income (as defined in section 62 of title 26) of the student’s parents in the second tax year preceding the academic year; and
(ii) in the case of an independent student, the adjusted gross income (as defined in section 62 of title 26) of the student (and the student’s spouse, if applicable) in the second tax year preceding the academic year;
(B) the term “family size” has the meaning given the term in section 1087vv(k) of this title;
(C) the term “poverty line” means the poverty line (as determined under the poverty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the authority of section 9902(2) of title 42) applicable to the student’s family size and applicable to the second tax year preceding the academic year;
(D) the term “single parent” means—
(i) a parent of a dependent student who was a head of household (as defined in section 2(b) of title 26) or a surviving spouse (as defined in section 2(a) of title 26) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the academic year; or
(ii) an independent student who is a parent and was a head of household (as defined in section 2(b) of title 26) or a surviving spouse (as defined in section 2(a) of title 26) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the academic year;
(E) the term “total maximum Federal Pell Grant” means the total maximum Federal Pell Grant award per student for any academic year described under subsection (b)(5); and
(F) the term “minimum Federal Pell Grant” means the minimum amount of a Federal Pell Grant that shall be awarded to a student for any academic year in which that student is attending full time, which shall be equal to 10 percent of the total maximum Federal Pell Grant for such academic year.
(b) Amount and distribution of grants
(1) Determination of amount of a Federal Pell Grant
Subject to paragraphs (2) and (3), the amount of a Federal Pell Grant for a student shall be determined in accordance with the following:
(A) A student shall be eligible for a total maximum Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time—
(i) if the student (and the student’s spouse, if applicable), or, in the case of a dependent student, the dependent student’s parents (or single parent), is not required to file a Federal income tax return in the second year preceding the academic year;
(ii) if the student or, in the case of a dependent student, the dependent student’s parent, is a single parent, and the adjusted gross income is greater than zero and equal to or less than 225 percent of the poverty line; or
(iii) if the student or, in the case of a dependent student, the dependent student’s parent, is not a single parent, and the adjusted gross income is greater than zero and equal to or less than 175 percent of the poverty line.
(B) A student who is not eligible for a total maximum Federal Pell Grant under subparagraph (A) for an academic year, shall be eligible for a Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time if such student’s student aid index in such award year is less than the total maximum Federal Pell Grant for that award year. The amount of the Federal Pell Grant for a student eligible under this subparagraph shall be—
(i) the total maximum Federal Pell Grant as calculated under paragraph (5)(A) for that year, less
(ii) an amount equal to the amount determined to be the student aid index with respect to that student for that year, except that a student aid index of less than zero shall be considered to be zero for the purposes of this clause,
rounded to the nearest $5, except that a student eligible for less than the minimum Federal Pell Grant as defined in section (a)(2)(F) shall not be eligible for an award.
(C) A student who is not eligible for a Federal Pell Grant under subparagraph (A) or (B) shall be eligible for the minimum Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time—
(i) in the case of a dependent student—
(I) if the student’s parent is a single parent, and the adjusted gross income is equal to or less than 325 percent of the poverty line; or
(II) if the student’s parent is not a single parent, and the adjusted gross income is equal to or less than 275 percent of the poverty line; or
(ii) in the case of an independent student—
(I) if the student is a single parent, and the adjusted gross income is equal to or less than 400 percent of the poverty line;
(II) if the student is a parent and is not a single parent, and the adjusted gross income is equal to or less than 350 percent of the poverty line; or
(III) if the student is not a parent, and the adjusted gross income is equal to or less than 275 percent of the poverty line.
(D) A student eligible for the total maximum Federal Pell Grant under subparagraph (A) who has (or whose spouse or parent, as applicable based on whose information is used under such subparagraph, has) foreign income that would, if added to adjusted gross income, result in the student no longer being eligible for such total maximum Federal Pell Grant, shall not be provided a Federal Pell Grant until the student aid administrator evaluates the student’s FAFSA and makes a determination regarding whether it is appropriate to make an adjustment under section 1087tt(b)(1)(B)(v) of this title to account for such foreign income when determining the student’s eligibility for such total maximum Federal Pell Grant.
(E) With respect to a student who is not eligible for the total maximum Federal Pell Grant under subparagraph (A) or a minimum Federal Pell Grant under subparagraph (C), the Secretary shall subtract from the student or parents’ adjusted gross income, as applicable based on whose income is used for the Federal Pell Grant calculation, the sum of the following for the individual whose income is so used, and consider such difference the adjusted gross income for purposes of determining the student’s eligibility for such Federal Pell Grant award under such subparagraph:
(i) If the applicant, or, if applicable, the parents or spouse of the applicant, elects to report receiving college grant and scholarship aid included in gross income on a Federal tax return described in section 1087vv(e)(2) of this title, the amount of such aid.
(ii) Income earned from work under part C of this subchapter.
(2) Less than full-time enrollment
In any case where a student is enrolled in an eligible program of an institution of higher education on less than a full-time basis (including a student who attends an institution of higher education on less than a half-time basis) during any academic year, the amount of the Federal Pell Grant to which that student is entitled shall be reduced in direct proportion to the degree to which that student is not so enrolled on a full-time basis, rounded to the nearest whole percentage point, as provided in a schedule of reductions published by the Secretary computed in accordance with this subpart. Such schedule of reductions shall be published in the Federal Register in accordance with section 1089 of this title. Such reduced Federal Pell Grant for a student enrolled on a less than full-time basis shall also apply proportionally to students who are otherwise eligible to receive the minimum Federal Pell Grant, if enrolled full-time.
(3) Award may not exceed cost of attendance
No Federal Pell Grant under this subpart shall exceed the cost of attendance (as defined in section 1087ll of this title) at the institution at which that student is in attendance. If, with respect to any student, it is determined that the amount of a Federal Pell Grant for that student exceeds the cost of attendance for that year, the amount of the Federal Pell Grant shall be reduced until the Federal Pell Grant does not exceed the cost of attendance at such institution.
(4) Study abroad
Notwithstanding any other provision of this subpart, the Secretary shall allow the amount of the Federal Pell Grant to be exceeded for students participating in a program of study abroad approved for credit by the institution at which the student is enrolled when the reasonable costs of such program are greater than the cost of attendance at the student’s home institution, except that the amount of such Federal Pell Grant in any fiscal year shall not exceed the maximum amount of a Federal Pell Grant for which a student is eligible under paragraph (1) or (2) during such award year. If the preceding sentence applies, the financial aid administrator at the home institution may use the cost of the study abroad program, rather than the home institution’s cost, to determine the cost of attendance of the student.
(5) Total maximum Federal Pell Grant
(A) In general
For award year 2023–2024, and each subsequent award year, the total maximum Federal Pell Grant award per student shall be equal to the sum of—
(i) $1,060; and
(ii) the amount specified as the maximum Federal Pell Grant in the last enacted appropriation Act applicable to that award year.
(B) Rounding
The total maximum Federal Pell Grant for any award year shall be rounded to the nearest $5.
(6) Funds by fiscal year
(A) In general
To carry out this section—
(i) there are authorized to be appropriated and are appropriated (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated) such sums as are necessary to carry out paragraph (5)(A)(i) for fiscal year 2023 and each subsequent fiscal year; and
(ii) such sums as may be necessary are authorized to be appropriated to carry out paragraph (5)(A)(ii) for each of the fiscal years 2023 through 2033.
(B) Availability of funds
The amounts made available by subparagraph (A) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year.
(7) Appropriation
(A) In general
In addition to any funds appropriated under paragraph (6) and any funds made available for this section under any appropriations Act, there are authorized to be appropriated, and there are appropriated (out of any money in the Treasury not otherwise appropriated) to carry out this section, $1,170,000,000 for fiscal year 2023 and each subsequent award year.
(B) No effect on previous appropriations
The amendments made to this section by the FAFSA Simplification Act shall not—
(i) increase or decrease the amounts that have been appropriated or are available to carry out this section for fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 as of the day before the effective date of such Act; or
(ii) extend the period of availability for obligation that applied to any such amount, as of the day before such effective date.
(C) Availability of funds
The amounts made available by this paragraph for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year.
(8) Method of distribution
(A) In general
For each fiscal year through fiscal year 2033, the Secretary shall pay to each eligible institution such sums as may be necessary to pay each eligible student for each academic year during which that student is in attendance at an institution of higher education as an undergraduate, a Federal Pell Grant in the amount for which that student is eligible.
(B) Alternative disbursement
Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to students, in advance of the beginning of the academic term, an amount for which they are eligible, in the cases where an eligible institution does not participate in the disbursement system under subparagraph (A).
(9) Additional payment periods in same award year
(A) Effective in the 2017–2018 award year and thereafter, the Secretary shall award an eligible student not more than one and one-half Federal Pell Grants during a single award year to permit such student to work toward completion of an eligible program if, during that single award year, the student has received a Federal Pell Grant for an award year and is enrolled in an eligible program for one or more additional payment periods during the same award year that are not otherwise fully covered by the student’s Federal Pell Grant.
(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the total maximum Federal Pell Grant available for an award year.
(C) Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student’s duration limit under subsection (d)(5).
(D) In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned, as it determines is most beneficial to students.
(c) Special rule
(1) In general
A student described in paragraph (2) shall be eligible for the total maximum Federal Pell Grant.
(2) Applicability
Paragraph (1) shall apply to any dependent or independent student—
(A) who is eligible to receive a Federal Pell Grant according to subsection (b)(1) for the award year for which the determination is made;
(B) whose parent or guardian was—
(i) an individual who, on or after September 11, 2001, died in the line of duty while serving on active duty as a member of the Armed Forces; or
(ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and
(C) who is less than 33 years of age.
(3) Information
Notwithstanding any other provision of law—
(A) the Secretary shall establish the necessary data-sharing agreements with the Secretary of Veterans Affairs and the Secretary of Defense, as applicable, to provide the information necessary to determine which students meet the requirements of paragraph (2)(B)(i); and
(B) the financial aid administrator shall verify with the student that the student is eligible for the adjustment and notify the Secretary of the adjustment of the student’s eligibility.
(4) Treatment of Pell amount
Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10302), in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under this subsection, shall not be considered in calculating that student’s educational assistance benefits under the Public Safety Officers’ Benefits program under subpart 2 of part L of title I of such Act.
(5) Definition of public safety officer
For purposes of this subsection, the term “public safety officer” means—
(A) a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); or
(B) a fire police officer, defined as an individual who—
(i) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency;
(ii) is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew; and
(iii) provides scene security or directs traffic—
(I) in response to any fire drill, fire call, or other fire, rescue, or police emergency; or
(II) at a planned special event.
(d) Period of eligibility for grants
(1) In general
The period during which a student may receive Federal Pell Grants shall be the period required for the completion of the first undergraduate baccalaureate course of study being pursued by that student at the institution at which the student is in attendance, except that any period during which the student is enrolled in a noncredit or remedial course of study, as described in paragraph (2), shall not be counted for the purpose of this paragraph.
(2) Noncredit or remedial courses; study abroad
Nothing in this section shall exclude from eligibility courses of study which are noncredit or remedial in nature (including courses in English language instruction) which are determined by the institution to be necessary to help the student be prepared for the pursuit of a first undergraduate baccalaureate degree or certificate or, in the case of courses in English language instruction, to be necessary to enable the student to use already existing knowledge, training, or skills. Nothing in this section shall exclude from eligibility programs of study abroad that are approved for credit by the home institution at which the student is enrolled.
(3) No concurrent payments
No student is entitled to receive Pell Grant payments concurrently from more than one institution or from both the Secretary and an institution.
(4) Postbaccalaureate program
Notwithstanding paragraph (1), the Secretary may allow, on a case-by-case basis, a student to receive a Federal Pell Grant if the student—
(A) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education; and
(B) is enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree, and in courses required by a State in order for the student to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State,
except that this paragraph shall not apply to a student who is enrolled in an institution of higher education that offers a baccalaureate degree in education.
(5) Maximum period
(A) In general
Except as provided in subparagraph (B), the period during which a student may receive Federal Pell Grants shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but was enrolled at a fraction of full time, that only that same fraction of such semester or equivalent shall count towards such duration limits.
(B) Exception
(i) In general
Any Federal Pell Grant that a student received during a period described in subclause (I) or (II) of clause (ii) shall not count towards the student’s duration limits under this paragraph.
(ii) Applicable periods
Clause (i) shall apply with respect to any Federal Pell Grant awarded to a student to enroll in an eligible program at an institution—
(I) during a period of a student’s attendance at an institution—
(aa) at which the student was unable to complete a course of study due to the closing of the institution; or
(bb) for which the student was falsely certified as eligible for Federal aid under this subchapter; or
(II) during a period—
(aa) for which the student received a loan under this subchapter; and
(bb) for which the loan described in item (aa) is discharged under—
(AA) section 1087(c)(1) of this title or section 1087dd(g)(1) of this title;
(BB) section 1082(a)(6) of this title; or
(CC) section 1087e(h) of this title due to the student’s successful assertion of a defense to repayment of the loan, including defenses provided to any applicable groups of students.
(e) Applications for grants
(1) Deadlines
The Secretary shall from time to time set dates by which students shall file the Free Application for Federal Student Aid under section 1090 of this title.
(2) Application
Each student desiring a Federal Pell Grant for any year shall file the Free Application for Federal Student Aid containing the information necessary to enable the Secretary to carry out the functions and responsibilities of this subpart.
(f) Distribution of grants to students
Payments under this section shall be made in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purpose of this section. Any disbursement allowed to be made by crediting the student’s account shall be limited to tuition and fees, and food and housing if that food and housing is institutionally owned or operated. The student may elect to have the institution provide other such goods and services by crediting the student’s account.
(g) Insufficient appropriations
If, for any fiscal year, the funds appropriated for payments under this subpart are insufficient to satisfy fully all entitlements, as calculated under subsections (b) and (c) (but at the maximum grant level specified in such appropriation), the Secretary shall promptly transmit a notice of such insufficiency to each House of the Congress, and identify in such notice the additional amount that would be required to be appropriated to satisfy fully all entitlements (as so calculated at such maximum grant level).
(h) Use of excess funds
(1) 15 percent or less
If, at the end of a fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make the payments required under this subpart to eligible students by 15 percent or less, then all of the excess funds shall remain available for making payments under this subpart during the next succeeding fiscal year.
(2) More than 15 percent
If, at the end of a fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make the payments required under this subpart to eligible students by more than 15 percent, then all of such funds shall remain available for making such payments but payments may be made under this paragraph only with respect to entitlements for that fiscal year.
(i) Treatment of institutions and students under other laws
Any institution of higher education which enters into an agreement with the Secretary to disburse to students attending that institution the amounts those students are eligible to receive under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish a function of the Secretary. Recipients of Pell Grants shall not be considered to be individual grantees for purposes of chapter 81 of title 41.
(j) Institutional ineligibility based on default rates
(1) In general
No institution of higher education shall be an eligible institution for purposes of this subpart if such institution of higher education is ineligible to participate in a loan program under part B or D as a result of a final default rate determination made by the Secretary under part B or D after the final publication of cohort default rates for fiscal year 1996 or a succeeding fiscal year.
(2) Sanctions subject to appeal opportunity
No institution may be subject to the terms of this subsection unless the institution has had the opportunity to appeal the institution’s default rate determination under regulations issued by the Secretary for the loan program authorized under part B or D, as applicable. This subsection shall not apply to an institution that was not participating in the loan program authorized under part B or D on October 7, 1998, unless the institution subsequently participates in the loan programs.
See 2020 Amendment note below.

Editorial Notes
Codification
In subsec. (i), “chapter 81 of title 41” substituted for “subtitle D of title V of Public Law 100–690” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior ProvisionsA prior section 1070a, Pub. L. 89–329, title IV, § 411, as added Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 248; amended Pub. L. 94–328, § 2(f), June 30, 1976, 90 Stat. 727; Pub. L. 94–482, title I, § 121(a), (b)(1), (c)–(i), Oct. 12, 1976, 90 Stat. 2091–2093; Pub. L. 95–43, § 1(a)(5), June 15, 1977, 91 Stat. 213; Pub. L. 95–566, § 2, Nov. 1, 1978, 92 Stat. 2402; Pub. L. 96–49, § 5(a)(1), (2)(A), Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, title IV, § 402, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503; Pub. L. 97–301, § 8(a), Oct. 13, 1982, 96 Stat. 1402, related to basic educational opportunity grants, amount and determinations, and applications, prior to the general revision of this part by Pub. L. 99–498.
A prior section 401 of Pub. L. 89–329 was renumbered section 400 by section 402(a)(3) of Pub. L. 102–325 and is classified to section 1070 of this title.
Another prior section 401 of Pub. L. 89–329, title IV, as added and amended Pub. L. 92–318, title I, § 131(b)(1), title X, § 1001(c)(1), (2), June 23, 1972, 86 Stat. 247, 381; Pub. L. 94–482, title I, § 125, Oct. 12, 1976, 90 Stat. 2096; Pub. L. 96–374, title IV, § 401, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503, which stated purpose of program of grants to students in attendance at institutions of higher education, was classified to section 1070 of this title, prior to the general revision of this part by Pub. L. 99–498.

Amendments2020—Pub. L. 116–260 amended section generally. Prior to amendment, section related to amount of and determinations and applications for Federal Pell Grants.
2019—Subsec. (b)(7)(A)(iv)(X). Pub. L. 116–91, § 7(1), substituted “$1,455,000,000” for “$1,430,000,000”.
Subsec. (b)(7)(A)(iv)(XI). Pub. L. 116–91, § 7(2), substituted “$1,170,000,000” for “$1,145,000,000”.
2018—Subsec. (b)(7)(A)(iv)(VIII). Pub. L. 115–141 substituted “$1,334,000,000” for “$1,382,000,000”.
Subsec. (b)(7)(A)(iv)(IX). Pub. L. 115–245 substituted “$1,370,000,000” for “$1,409,000,000”.
2017—Subsec. (b)(7)(A)(iv)(VII). Pub. L. 115–31, § 310(b), substituted “$1,320,000,000” for “$1,574,000,000”.
Subsec. (b)(8). Pub. L. 115–31, § 310(a), added par. (8).
2015—Subsec. (b)(2)(A)(ii). Pub. L. 114–113 struck out “except that a student eligible only under 1091(d)(1)(A) of this title who first enrolls in an eligible program of study on or after July 1, 2015 shall not be eligible for the amount of the increase calculated under paragraph (7)(B)” after “year”.
2014—Subsec. (b)(2)(A)(ii). Pub. L. 113–235 inserted “except that a student eligible only under 1091(d)(1)(A) of this title who first enrolls in an eligible program of study on or after July 1, 2015 shall not be eligible for the amount of the increase calculated under paragraph (7)(B)” after “year”.
2011—Subsec. (b)(2)(A)(ii). Pub. L. 112–10, § 1860(a)(1), substituted “paragraph (7)(B)” for “paragraph (8)(B)”.
Subsec. (b)(4). Pub. L. 112–74, § 309(a)(1), substituted period at end for “, except that a student who is eligible for a Federal Pell Grant in an amount that is equal to or greater than five percent of such Federal Pell Grant amount but less than ten percent of such Federal Pell Grant amount shall be awarded a Federal Pell grant in the amount of ten percent of such Federal Pell Grant amount.”
Subsec. (b)(5). Pub. L. 112–10, § 1860(a)(4), redesignated par. (6) as (5).
Pub. L. 112–10, § 1860(a)(2), struck out par. (5) which read as follows:
“(A) The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student’s progress toward a degree or certificate if the student is enrolled—
“(i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and
“(ii) in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate.
“(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.”
Subsec. (b)(6). Pub. L. 112–10, § 1860(a)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Subsec. (b)(7). Pub. L. 112–10, § 1860(a)(4), redesignated par. (8) as (7). Former par. (7) redesignated (6).
Subsec. (b)(7)(A)(iv). Pub. L. 112–74, § 309(f), amended cl. (iv) generally. Prior to amendment, cl. (iv) authorized appropriations for fiscal years 2011 to 2021 and succeeding fiscal years.
Subsec. (b)(7)(A)(iv)(II). Pub. L. 112–25, § 501(1), substituted “$13,183,000,000” for “$3,183,000,000”.
Subsec. (b)(7)(A)(iv)(III). Pub. L. 112–25, § 501(2), substituted “$7,000,000,000” for “$0”.
Subsec. (b)(8). Pub. L. 112–10, § 1860(a)(4), redesignated par. (8) as (7).
Subsec. (b)(8)(A)(iv). Pub. L. 112–10, § 1860(a)(3)(A), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “to carry out this section, $13,500,000,000 for fiscal year 2011.”
Subsec. (b)(8)(C)(i)(I), (ii)(I). Pub. L. 112–10, § 1860(a)(3)(B), substituted “clause (iv)(II)” for “clause (v)(II)”.
Subsec. (c)(5). Pub. L. 112–74, § 309(a)(2), substituted “12” for “18” in two places and struck out at end “The provisions of this paragraph shall apply only to a student who receives a Federal Pell Grant for the first time on or after July 1, 2008.”
2010—Subsec. (b)(2)(A). Pub. L. 111–152, § 2101(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) established grant amounts for academic years 2009–2010 to 2014–2015.
Subsec. (b)(4). Pub. L. 111–152, § 2101(b)(1)(A), substituted “maximum amount of a Federal Pell Grant award determined under paragraph (2)(A)” for “maximum basic grant level specified in the appropriate appropriation Act” and substituted “such Federal Pell Grant amount” for “such level” wherever appearing.
Subsec. (b)(6). Pub. L. 111–152, § 2101(b)(1)(B), substituted “the maximum amount of a Federal Pell Grant award determined under paragraph (2)(A), for which a student is eligible during such award year” for “the grant level specified in the appropriate Appropriation Act for this subpart for such year”.
Subsec. (b)(8)(A). Pub. L. 111–152, § 2101(a)(2)(A)(i), struck out “, to carry out subparagraph (B) of this paragraph” after “are appropriated” in introductory provisions.
Subsec. (b)(8)(A)(iii) to (x). Pub. L. 111–152, § 2101(a)(2)(A)(ii), added cls. (iii) and (iv) and struck out former cls. (iii) to (x), which appropriated additional funds for fiscal years 2010 to 2017.
Subsec. (b)(8)(B). Pub. L. 111–152, § 2101(a)(2)(B)(i), substituted “clauses (i) through (iii) of subparagraph (A)” for “subparagraph (A)” in introductory provisions.
Subsec. (b)(8)(B)(ii). Pub. L. 111–152, § 2101(a)(2)(B)(ii), substituted “, 2011–2012, and 2012–2013” for “and 2011–2012”.
Subsec. (b)(8)(B)(iii). Pub. L. 111–152, § 2101(a)(2)(B)(iii), added cl. (iii) and struck out former cl. (iii) which read as follows: “$1,090 for award year 2012–2013.”
Subsec. (b)(8)(C). Pub. L. 111–152, § 2101(a)(2)(C), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: “The Secretary shall only award an increased amount of a Federal Pell Grant under this section for any award year pursuant to the provisions of this paragraph to students who qualify for a Federal Pell Grant award under the maximum grant award enacted in the annual appropriation Act for such award year without regard to the provisions of this paragraph.”
2009—Subsec. (a)(1). Pub. L. 111–39, § 401(a)(2)(A), substituted “manner,” for “manner,,”.
Subsec. (b)(1). Pub. L. 111–39, § 401(a)(2)(B), made technical amendment to reference in original act which appears in text as reference to this section.
Subsec. (b)(8)(A)(ii), (iii). Pub. L. 111–5, which directed amendment of par. (9)(A) by substituting “$2,733,000,000” for “$2,090,000,000” in cl. (ii) and “$3,861,000,000” for “$3,030,000,000” in cl. (iii), was executed by making the substitutions in par. (8)(A) to reflect the probable intent of Congress.
Subsec. (b)(8)(A)(vi), (viii). Pub. L. 111–39, § 401(a)(2)(C), which directed amendment of par. (9)(A) by substituting “$258,000,000” for “$105,000,000” in cl. (vi) and “$4,452,000,000” for “$4,400,000,000” in cl. (viii) effective Aug. 14, 2008, was executed by making the substitutions in par. (8)(A). Subsec. (b)(8) would have been subsec. (b)(9) on Aug. 14, 2008, but for the probable intent execution of the amendment by Pub. L. 110–84, § 101(a)(2). See 2007 Amendment note below.
Subsec. (f)(4). Pub. L. 111–39, § 401(a)(3), struck out par. (4) which attributed expected family contribution of zero to certain eligible students whose parent or guardian died as a result of performing military service in Iraq or Afghanistan after Sept. 11, 2001. See section 1070h of this title.
2008—Subsec. (b). Pub. L. 110–315, § 401(a)(1)(B), which directed amendment of subsec. (b) by designating the pars. following par. (2), in the order in which such pars. appear, as pars. (3) through (8), was a technical correction to sequence of amendments by Pub. L. 110–84 and required no change in text. See 2007 Amendment notes below.
Subsec. (b)(2)(A). Pub. L. 110–315, § 401(a)(1)(A), amended subpar. (A) generally, substituting Pell Grant amounts for academic years 2009 to 2015 for amounts for academic years 1999 to 2004.
Subsec. (b)(4). Pub. L. 110–315, § 401(a)(1)(C), substituted “ten percent of the maximum basic grant level specified in the appropriate appropriation Act for such academic year, except that a student who is eligible for a Federal Pell Grant in an amount that is equal to or greater than five percent of such level but less than ten percent of such level shall be awarded a Federal Pell grant in the amount of ten percent of such level” for “$400, except that a student who is eligible for a Federal Pell Grant that is equal to or greater than $200 but less than $400 shall be awarded a Federal Pell Grant of $400”.
Subsec. (b)(5). Pub. L. 110–315, § 401(a)(1)(D), added par. (5) and struck out former par. (5) which read: “The Secretary may allow, on a case-by-case basis, a student to receive 2 Pell grants during a single award year, if—
“(i) the student is enrolled full-time in an associate or baccalaureate degree program of study that is 2 years or longer at an eligible institution that is computed in credit hours; and
“(ii) the student completes course work toward completion of an associate or baccalaureate degree that exceeds the requirements for a full academic year as defined by the institution.
“(B) The Secretary shall promulgate regulations implementing this paragraph.”
Subsec. (b)(7). Pub. L. 110–315, § 401(a)(1)(E), inserted before period at end “or who is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible sexual offense (as determined in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program)”.
Subsec. (b)(8)(D). Pub. L. 110–315, § 401(a)(1)(F)(i), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows:
“(D) Formula otherwise unaffected.—Except as provided in subparagraphs (B) and (C), nothing in this paragraph shall be construed to alter the requirements of this section, or authorize the imposition of additional requirements, for the determination and allocation of Federal Pell Grants under this section.”
Subsec. (b)(8)(F). Pub. L. 110–315, § 401(a)(1)(F)(ii), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows:
“(F) Use of fiscal year funds for award years.—The amounts made available by subparagraph (A) for any fiscal year shall be available and remain available for use under subparagraph (B) for the award year that begins in such fiscal year.”
Subsec. (c)(5). Pub. L. 110–315, § 401(b), added par. (5).
Subsec. (f)(3). Pub. L. 110–315, § 103(b)(3), substituted “to the Committee on Appropriations of the Senate, the Committee on Appropr
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