§1059e — Title 20 Education | U.S. Code

Summary

Provides grants to Predominantly Black Institutions so they can expand college access and help more low- and middle-income Black American students succeed. An eligible school must have needy undergraduates, spend less per student than similar schools, be at least 40% Black undergraduates, be allowed by the State to grant associate or bachelor’s degrees, be accredited or working toward it, and not already get certain other federal aid. Key definitions: "eligible institution" — a college that meets those basic rules; "enrollment of needy students" — at least 50% of undergraduates meet one of several poverty-related tests (for example, Pell Grant recipients, families on means-tested benefits, attendance at a high-poverty secondary school, or first-generation students who are mostly low-income); "first-generation college student" and "low-income individual" — defined elsewhere; "means-tested Federal benefit program" — a federal program that decides benefits by income; "Predominantly Black Institution" — an eligible institution with at least 1,000 undergraduates, where at least 50% are low-income or first-generation and at least 50% are enrolled in degree programs the school is licensed to award; "State" — the 50 states and DC. Grant money must be used to help the school plan and run programs that increase access, prepare and keep students in college, strengthen the school’s finances, and support academic areas where Black students are underrepresented, teacher training, or community outreach. Up to 20% of grant funds can go into an endowment if the school matches that amount from nonfederal sources. No more than 50% of a grant may be used for building or fixing classrooms or labs. The Secretary awards grants and must give priority to schools with large numbers of needy students (that priority is twice the priority given for large percentages of Black students). Annual funding is split from available appropriations as one-half based on Pell recipients, one-fourth based on number of graduates, and one-fourth based on the share of graduates who go on to further study in underrepresented fields. Each approved school gets at least $250,000 (reduced if funds are short). Schools must apply for grants. Any grant money not used for its purpose within 10 years must be repaid to the Treasury. A school receiving these funds cannot get certain other federal funds at the same time.

Title 20, §1059e

Education — Source: USLM XML via OLRC

(a)It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.

(b)In this section:

(1)The 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)The 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)The term “first-generation college student” has the meaning given the term in section 1070a–11(h) of this title.

(4)The term “low-income individual” has the meaning given such term in section 1070a–11(h) of this title.

(5)The 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)The 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)The term “State” means each of the 50 States and the District of Columbia.

(c)(1)The 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)In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsection 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)(1)Grant 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)Grant 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)(A)A 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)In 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)The 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)Not 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)(1)From 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)From 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)From 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)(A)Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section may not be less than $250,000.

(B)If 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)The 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)Each 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)section 1068b of this title shall not apply to applications under this section.

(h)Any 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)No 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 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.

Amendments

2009—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.

§1059e Predominantly Black Institutions