Authorization and appropriation
There are authorized to be appropriated, and there are appropriated, to carry out this section $150,000,000 for each of the fiscal years 2010 through 2014. The authority to award grants under this section shall expire at the end of fiscal year 2014. In addition to the amount authorized and appropriated under the preceding sentence, there 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.
Program authorized
Grants authorized
1
Federal share; non-Federal share
Federal share
The amount of the Federal share under this section for a fiscal year shall be equal to ⅔ of the costs of the activities and services described in subsection (f) that are carried out under the grant.
Non-Federal share
The amount of the non-Federal share under this section shall be equal to ⅓ of the costs of the activities and services described in subsection (f). The non-Federal share may be in cash or in-kind, and may be provided from State resources, contributions from private organizations, or both.
Reduction for failure to pay non-Federal share
If a State fails to provide the full non-Federal share required under this subsection, the Secretary shall reduce the amount of the grant payment under this section proportionately, and may award the proportionate reduction amount of the grant directly to a philanthropic organization, as defined in subsection (i), to carry out this section.
Temporary ineligibility for subsequent payments
In general
Reinstatement
If the Secretary determines that a grantee is ineligible under subparagraph (A), the Secretary may enter into an agreement with the grantee setting forth the terms and conditions under which the grantee may regain eligibility to receive payments under this section.
Determination of allotment
Amount of allotment
Minimum amount
The allotment for each State under this section for a fiscal year shall not be an amount that is less than 1.0 percent of the total amount appropriated under subsection (a) for such fiscal year.
Submission and contents of application
In general
For each fiscal year for which a grantee desires a grant payment under subsection (b), the State agency with jurisdiction over higher education, or another agency designated by the Governor or chief executive of the State to administer the program under this section, or a philanthropic organization, in accordance with subsection (b)(3), shall submit an application to the Secretary at such time, in such manner, and containing the information described in paragraph (2).
Application
Subgrants to nonprofit organizations
Allowable uses
In general
Prohibited uses
Funds made available under this section shall not be used to promote any lender’s loans.
Use of funds for administrative purposes
A grantee may use not more than 6 percent of the total amount of the sum of the Federal share provided under this section and the non-Federal share required under this section for administrative purposes relating to the grant under this section.
Special conditions
Availability to students and families
Priority
section 9902(2) of title 42A grantee receiving a grant payment under this section shall, in carrying out any activity or service described in subsection (f)(1) with the grant funds, prioritize students and families who are living below the poverty line applicable to the individual’s family size (as determined under ).
Disclosures
Organizational disclosures
In the case of a State that has chosen to make a payment to an eligible not-for-profit holder in the State in accordance with subsection (e), the holder shall clearly and prominently indicate the name of the holder and the nature of the holder’s work in connection with any of the activities carried out, or any information or services provided, with such funds.
Informational disclosures
Coordination
A grantee receiving a grant payment under this section shall attempt to coordinate the activities carried out with the grant payment with any existing activities that are similar to such activities, and with any other entities that support the existing activities in the State.
Report
Definitions
Philanthropic organization
Eligible consortium
Grantee
Pub. L. 89–329, title VII, § 781Pub. L. 110–84, title VIII, § 801121 Stat. 812Pub. L. 110–315, title VII122 Stat. 3361Pub. L. 111–39, title VII, § 701(6)123 Stat. 1955Pub. L. 111–152, title II, § 2102124 Stat. 1073(, formerly § 771, as added , , ; renumbered § 781 and amended , §§ 709(1), 710, , , 3377; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 110–84The date of the enactment of this Act, referred to in subsec. (e)(1), probably means the date of enactment of , which enacted this section and was approved .
Section 1070a–1 of this title, referred to in subsec. (f)(1)(F)(i)(II), was omitted from the Code upon the expiration of Secretary’s authority to make grants at the end of award year 2010–2011.
Pub. L. 89–1079 Stat. 27section 6301 of this titleThe Elementary and Secondary Education Act of 1965, referred to in subsec. (i)(1)(A), is , , , 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 and Tables.
Prior Provisions
Pub. L. 89–329, title XII, § 120179 Stat. 1269Pub. L. 90–575, title II82 Stat. 1042Pub. L. 91–230, title VIII, § 806(b)84 Stat. 192Pub. L. 92–318, title I, § 131(d)(1)86 Stat. 260Pub. L. 94–482, title I, § 181(a)90 Stat. 2167Pub. L. 95–43, § 1(b)(7)91 Stat. 218Pub. L. 95–180, § 1(a)91 Stat. 1372Pub. L. 96–374, title XIII, § 1391(a)(1)94 Stat. 1503Pub. L. 100–50, § 21(a)101 Stat. 360Pub. L. 102–26, § 2(a)(4)105 Stat. 123Pub. L. 102–325, title XII, § 1201106 Stat. 792Pub. L. 102–394, title III, § 308(a)106 Stat. 1820Pub. L. 103–82, title I, § 111(b)(5)107 Stat. 861Pub. L. 103–208, § 2(j)(48)107 Stat. 2485Pub. L. 105–244, § 3112 Stat. 1585A prior section 1141, , formerly title VIII, § 801, , ; renumbered title XII, § 1201, and amended , §§ 251, 293, 294, , , 1050, 1051; , , ; , , ; , formerly § 181, , , renumbered , , ; , , ; , (b), , ; , , ; , , ; , , ; , , ; , , ; , , , defined terms for purposes of this chapter, prior to repeal by , title I, § 101(b), title VII, § 702, , , 1616, 1803, effective .
section 781 of Pub. L. 89–329section 1132i of this titlePub. L. 105–244A prior was classified to , prior to the general amendment of this subchapter by .
Pub. L. 89–329, title XII, § 1202Pub. L. 94–482, title I, § 18290 Stat. 2167Pub. L. 96–374, title XII, § 120194 Stat. 1493Pub. L. 102–325, title XII, § 1202106 Stat. 793Pub. L. 105–244, § 3112 Stat. 1585Section 1142, , formerly § 1207, as added , , ; renumbered § 1202, , , ; amended , , , related to antidiscrimination requirements for institutions of higher education receiving Federal assistance, prior to repeal by , title I, § 101(b), title VII, § 702, , , 1616, 1803, effective .
Pub. L. 89–329, title XII, § 120279 Stat. 1270Pub. L. 90–575, title II, § 25182 Stat. 1042section 1201 of Pub. L. 96–374Another prior section 1142, , formerly title VIII, § 802, , ; renumbered title XII, § 1202, , , , related to method of payment pursuant to grants, loans, or contracts under this chapter, prior to repeal by .
Pub. L. 96–374, title XII, § 120194 Stat. 1493Prior sections 1142a and 1142b were repealed by , title XIII, § 1393(a), , , 1504, effective .
Pub. L. 89–329, title XII, § 1202Pub. L. 92–318, title I, § 19686 Stat. 324Section 1142a, , as added , , , related to designation of a State postsecondary education commission.
Pub. L. 89–329, title XII, § 1203Pub. L. 92–318, title I, § 19686 Stat. 325Pub. L. 94–482, title I, § 17990 Stat. 2166Pub. L. 96–49, § 1293 Stat. 354Section 1142b, , as added , , ; amended , , ; , , , related to comprehensive statewide planning.
Pub. L. 105–244, § 3112 Stat. 1585Prior sections 1143 to 1145g were repealed by , title I, § 101(b), title VII, § 702, , , 1616, 1803, effective .
Pub. L. 89–329, title XII, § 1203Pub. L. 96–374, title XII, § 120194 Stat. 1493Section 1143, , as added , , , related to State agreements.
Pub. L. 89–329, title XII, § 120379 Stat. 1270Pub. L. 90–575, title II, § 25182 Stat. 1042Pub. L. 91–230, title IV, § 401(c)(5)84 Stat. 173Another prior section 1143, , formerly title VIII, § 803, , ; renumbered title XII, § 1203, , , , provided for delegation of functions by Commissioner of Education and utilization of services and facilities of other agencies, prior to repeal by , , .
Pub. L. 89–329, title XII, § 120479 Stat. 1270Pub. L. 90–575, title II, § 25182 Stat. 1042Pub. L. 91–230, title IV, § 401(f)(6)84 Stat. 173Section 1144, , formerly title VIII, § 804, , ; renumbered title XII, § 1204, , , ; amended , , , prohibited Federal control over education.
Pub. L. 89–329, title XII, § 1204Pub. L. 96–374, title XII, § 120194 Stat. 1495Pub. L. 99–498, title XII, § 1201100 Stat. 1573Pub. L. 102–73, title VIII, § 801(c)105 Stat. 360Pub. L. 103–208, § 2(j)(49)107 Stat. 2485Section 1144a, , as added , , ; amended , , ; , , ; , , , related to treatment of territories and territorial student assistance.
Pub. L. 92–318, title V, § 51086 Stat. 353Another prior section 1144a, , , , set forth sense of Congress that governing boards of institutions of higher education give consideration to student participation on such boards, prior to being omitted from the Code.
Pub. L. 89–329, title XII, § 1205Pub. L. 96–374, title XII, § 120194 Stat. 1495Pub. L. 99–498, title XII, § 1202100 Stat. 1573Pub. L. 102–325, title XII, § 1203106 Stat. 793Pub. L. 103–208, § 2(j)(50)107 Stat. 2485Section 1145, , as added , , ; amended , , ; , , ; –(53), , , related to National Advisory Committee on Institutional Quality and Integrity.
Pub. L. 89–329, title XII, § 1205Pub. L. 90–575, title II, § 291(a)82 Stat. 1049Pub. L. 91–230, title IV, § 401(h)(4)84 Stat. 174section 1201 of Pub. L. 96–374Another prior section 1145, , as added , , ; amended , , , established an Advisory Council on Graduate Education in the Office of Education, prior to repeal by .
Pub. L. 89–329, title XII, § 1206Pub. L. 99–498, title XII, § 1203100 Stat. 1573Section 1145a, , as added , , , related to Commission to study postsecondary institutional and programmatic recognition process.
Pub. L. 89–329, title XII, § 1206Pub. L. 92–318, title I, § 19786 Stat. 325Pub. L. 96–374, title XII, § 120194 Stat. 1493Another prior section 1145a, , as added , , , related to supplying cost-of-education data by institutions of higher education, prior to repeal by , , , eff. .
Pub. L. 89–329, title XII, § 1207Pub. L. 99–498, title XII, § 1204100 Stat. 1576Section 1145b, , as added , , , related to student representation in connection with administration of this chapter.
Pub. L. 89–329, title XII, § 1202Pub. L. 94–482, title I, § 18290 Stat. 2167Pub. L. 96–374, title XII, § 120194 Stat. 1493section 1142 of this titlePub. L. 105–244Another prior section 1145b, , formerly § 1207, as added , , ; renumbered title XII, § 1202, , , , which related to antidiscrimination requirements for institutions of higher education receiving Federal assistance, was transferred to and subsequently repealed by .
Pub. L. 89–329, title XII, § 1208Pub. L. 99–498, title XII, § 1205100 Stat. 1577Section 1145c, , as added , , , related to financial responsibility of foreign students.
Pub. L. 89–329, title XII, § 1208Pub. L. 94–482, title I, § 18390 Stat. 2167Pub. L. 96–374, title XII, § 120194 Stat. 1493Another prior section 1145c, , as added , , , related to availability of appropriations, prior to repeal by , , , eff. .
Pub. L. 89–329, title XII, § 1209Pub. L. 102–325, title XII, § 1204106 Stat. 794Pub. L. 103–208, § 2(j)(54)107 Stat. 2485Section 1145d, , as added , , ; amended , , , related to disclosures of foreign gifts.
Pub. L. 89–329, title XII, § 1209Pub. L. 99–498, title XII, § 1206(a)100 Stat. 1577Pub. L. 99–498, title XII, § 1206(b)100 Stat. 1579Pub. L. 100–50, § 22(f)101 Stat. 362Another prior section 1145d, , as added , , , related to disclosures of foreign gifts, prior to repeal by , , , as amended by , , , effective .
Pub. L. 89–329, title XII, § 1210Pub. L. 100–50, § 21(b)101 Stat. 360Section 1145d–1, , as added , , , related to application of peer review process.
Pub. L. 89–329, title XII, § 1211Pub. L. 99–498, title XII, § 1207100 Stat. 1579Pub. L. 100–50, § 21(b)101 Stat. 360Section 1145e, , formerly § 1210, as added , , ; renumbered § 1211, , , , related to aggregate limit of authorization of appropriations.
Pub. L. 89–329, title XII, § 1212Pub. L. 100–418, title VI, § 6231102 Stat. 1518Pub. L. 103–208, § 2(j)(55)107 Stat. 2485Section 1145f, , formerly § 1211, as added , , ; renumbered § 1212 and amended , (56), , , related to technology transfer centers.
Pub. L. 89–329, title XII, § 1213Pub. L. 101–226, § 22(a)(1)103 Stat. 1938Section 1145g, , as added , , , related to drug and alcohol abuse prevention.
Pub. L. 102–325, title XV, § 1541106 Stat. 834Pub. L. 103–208, § 2(k)(13)107 Stat. 2486Pub. L. 105–332, § 6(b)(3)112 Stat. 3128A prior section 1145h, , , ; , , , authorized grants for campus sexual offense education, prior to repeal by , , .
Pub. L. 96–374, title XIII, § 139294 Stat. 1504section 1154 of this titleA prior section 1146, , , , which related to contract authority, was transferred to .
Pub. L. 89–329, title XII, § 1206Pub. L. 90–575, title II, § 29282 Stat. 1050Pub. L. 91–230, title IV, § 401(d)(5)84 Stat. 173Another prior section 1146, , as added , , , provided for dissemination of information and authorization of $2,000,000 for fiscal year ending , and such amount as Congress might authorize for fiscal year ending , prior to repeal by , , .
Pub. L. 99–498, § 3100 Stat. 1278section 1154 of this titleA prior section 1146a, , , , which provided that contracting authority be subject to appropriations, was transferred, and is set out as a Contracting Authority Subject to Appropriations note under .
Pub. L. 89–329, title XIIPub. L. 90–575, title II, § 29582 Stat. 1051Pub. L. 91–230, title IV, § 401(b)84 Stat. 172Prior sections 1147 to 1150, , §§ 1207–1210, as added , , , 1052, provided for program planning and evaluation for higher education programs; advance funding; evaluation reports and Congressional review; and availability of appropriations on academic or school year basis, prior to repeal by , , .
Amendments
Pub. L. 111–152, § 2102(1)2010—Subsec. (a). , substituted “$150,000,000 for each of the fiscal years 2010 through 2014. The authority to award grants under this section shall expire at the end of fiscal year 2014.” for “$66,000,000 for each of the fiscal years 2008 and 2009.”
Pub. L. 111–152, § 2102(2)Subsec. (c)(2). , substituted “1.0 percent” for “0.5 percent”.
Pub. L. 111–39, § 701(6)(A)section 9902(2) of title 422009—Subsec. (c)(1). , made technical amendment to reference in original act which appears in two places in text as reference to .
Pub. L. 111–39, § 701(6)(B)section 1085(p) of this titlesection 1085(p) of this titleSubsec. (e). , substituted “(as described in )” for “(as defined in , as amended by section 303 of this Act)” and “1078(b)” for “1085(j)” in introductory provisions.
Pub. L. 111–39, § 701(6)(C)section 9902(2) of title 42Subsec. (g)(2). , made technical amendment to reference in original act which appears in text as reference to .
Pub. L. 111–39, § 701(6)(D)Subsec. (i). , substituted “consortium” for “consortia” in par. (1)(D) and in par. (2) in heading and wherever appearing in text.
Pub. L. 110–315, § 710(1)2008—Subsec. (a). , substituted “In addition to the amount authorized and appropriated under the preceding sentence, there 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.” for “The authority to award grants under this section shall expire at the end of fiscal year 2009.”
Pub. L. 110–315, § 710(2)Subsec. (b)(1). , inserted “, subject to the availability of appropriations,” after “the Secretary shall”.
Pub. L. 110–315, § 710(3)section 1085(j) of this titleSubsec. (e). , inserted “, or those nonprofit organizations that have agreements with the Secretary under ” before “, or a partnership”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–39Pub. L. 110–315section 3 of Pub. L. 111–39section 1001 of this titleAmendment by effective as if enacted on the date of enactment of (), see , set out as a note under .
Effective Date
section 1(c) of Pub. L. 110–84section 1070a of this titleSection effective , see , set out as an Effective Date of 2007 Amendment note under .