20 U.S.C. § 1063b
Grants 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.
A grant under this section may be used for-
Any institution eligible for a grant under this section shall submit an application which-
Independent professional or graduate institutions and programs eligible for grants under subsection (a) are the following:
Institutions 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).
The Secretary shall not award more than 1 grant under this section in any fiscal year to any institution of higher education.
The 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.
Subject to subsection (g), of the amount appropriated to carry out this section for any fiscal year-
Notwithstanding 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.
No 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.
1 So in original. Probably should be "subparagraphs (A) to (X) of subsection (e)(1)".
20 U.S.C. § 1063b
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 AMENDMENT Amendment 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 AMENDMENT Amendment 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 AMENDMENT Amendment 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 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title.
CONGRESSIONAL FINDINGS Pub. 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."