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.
From amounts appropriated under subsection (a), the Secretary shall, subject to the availability of appropriations, award grants, from allotments under subsection (c), to States (and to philanthropic organization,1 as appropriate under paragraph (3)) having applications approved under subsection (d), to enable the State (or philanthropic organization) to pay the Federal share of the costs of carrying out the activities and services described in subsection (f).
The amount of the Federal share under this section for a fiscal year shall be equal to 2/3 of the costs of the activities and services described in subsection (f) that are carried out under the grant.
The amount of the non-Federal share under this section shall be equal to 1/3 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.
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.
The Secretary shall determine a grantee to be temporarily ineligible to receive a grant payment under this section for a fiscal year if-
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.
Subject to paragraph (2), in making grant payments to grantees under this section, the allotment to each grantee for a fiscal year shall be equal to the sum of-
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.
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).
An application submitted under paragraph (1) shall include the following:
A State receiving a payment under this section may elect to make a subgrant to one or more nonprofit organizations in the State, including an eligible not-for-profit holder (as described in section 1085(p) of this title), or those nonprofit organizations that have agreements with the Secretary under section 1078(b) of this title, or a partnership of such organizations, to carry out activities or services described in subsection (f), if the nonprofit organization or partnership-
Subject to paragraph (3), a grantee may use a grant payment under this section only for the following activities and services, pursuant to the conditions under subsection (g):
Funds made available under this section shall not be used to promote any lender's loans.
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.
A grantee receiving a grant payment under this section shall-
A 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 section 9902(2) of title 42).
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.
Any information about financing options for higher education provided through an activity or service funded under this section shall-
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.
A grantee receiving a payment under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services. The report shall include-
In this section:
The term "philanthropic organization" means a non-profit organization-
The term "eligible consortium" means a partnership of 2 or more entities that have agreed to work together to carry out this section that-
The term "grantee" means-
1 So in original. Probably should be "organizations,".
2 See References in Text note below.
20 U.S.C. § 1141
EDITORIAL NOTES
REFERENCES IN TEXTThe date of the enactment of this Act, referred to in subsec. (e)(1), probably means the date of enactment of Pub. L. 110-84, which enacted this section and was approved Sept. 27, 2007.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.The Elementary and Secondary Education Act of 1965, referred to in subsec. (i)(1)(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.
PRIOR PROVISIONSA prior section 1141, Pub. L. 89-329, title XII, §1201, formerly title VIII, §801, Nov. 8, 1965, 79 Stat. 1269; renumbered title XII, §1201, and amended Pub. L. 90-575, title II, §§251, 293, 294, Oct. 16, 1968, 82 Stat. 1042, 1050, 1051; Pub. L. 91-230, title VIII, §806(b), Apr. 13, 1970, 84 Stat. 192; Pub. L. 92-318, title I, §131(d)(1), June 23, 1972, 86 Stat. 260; Pub. L. 94-482, title I, §181(a), formerly §181, Oct. 12, 1976, 90 Stat. 2167, renumbered Pub. L. 95-43, §1(b)(7), June 15, 1977, 91 Stat. 218; Pub. L. 95-180, §1(a), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 96-374, title XIII, §1391(a)(1), (b), Oct. 3, 1980, 94 Stat. 1503; Pub. L. 100-50, §21(a), June 3, 1987, 101 Stat. 360; Pub. L. 102-26, §2(a)(4), Apr. 9, 1991, 105 Stat. 123; Pub. L. 102-325, §1201, 106 Stat. 792; Pub. L. 102-394, §308, 106 Stat. 1820; Pub. L. 103-82, §111, 107 Stat. 861; Pub. L. 103-208, §2(j)(48), Dec. 20, 1993, 107 Stat. 2485, defined terms for purposes of this chapter, prior to repeal by Pub. L. 105-244, §3, title I, §101(b), title VII, §702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998.A prior section 781 of Pub. L. 89-329 was classified to section 1132i of this title, prior to the general amendment of this subchapter by Pub. L. 105-244. Section 1142, Pub. L. 89-329, title XII, §1202, formerly §1207, as added Pub. L. 94-482, title I, §182, Oct. 12, 1976, 90 Stat. 2167; renumbered §1202, Pub. L. 96-374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1493; amended Pub. L. 102-325, §1202, 106 Stat. 793, related to antidiscrimination requirements for institutions of higher education receiving Federal assistance, prior to repeal by Pub. L. 105-244, §3, title I, §101(b), title VII, §702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. Another prior section 1142, Pub. L. 89-329, title XII, §1202, formerly title VIII, §802, Nov. 8, 1965, 79 Stat. 1270; renumbered title XII, §1202, Pub. L. 90-575, title II, §251, Oct. 16, 1968, 82 Stat. 1042, related to method of payment pursuant to grants, loans, or contracts under this chapter, prior to repeal by section 1201 of Pub. L. 96-374.Prior sections 1142a and 1142b were repealed by Pub. L. 96-374, title XII, §1201, title XIII, §1393(a), Oct. 3, 1980, 94 Stat. 1493, 1504, effective Oct. 1, 1980. Section 1142a, Pub. L. 89-329, title XII, §1202, as added Pub. L. 92-318, title I, §196, June 23, 1972, 86 Stat. 324, related to designation of a State postsecondary education commission.Section 1142b, Pub. L. 89-329, title XII, §1203, as added Pub. L. 92-318, title I, §196, June 23, 1972, 86 Stat. 325; amended Pub. L. 94-482, title I, §179, Oct. 12, 1976, 90 Stat. 2166; Pub. L. 96-49, §12, Aug. 13, 1979, 93 Stat. 354, related to comprehensive statewide planning.Prior sections 1143 to 1145g were repealed by Pub. L. 105-244, §3, title I, §101(b), title VII, §702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. Section 1143, Pub. L. 89-329, title XII, §1203, as added Pub. L. 96-374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1493, related to State agreements.Another prior section 1143, Pub. L. 89-329, title XII, §1203, formerly title VIII, §803, Nov. 8, 1965, 79 Stat. 1270; renumbered title XII, §1203, Pub. L. 90-575, title II, §251, Oct. 16, 1968, 82 Stat. 1042, provided for delegation of functions by Commissioner of Education and utilization of services and facilities of other agencies, prior to repeal by Pub. L. 91-230, title IV, §401(c)(5), Apr. 13, 1970, 84 Stat. 173. Section 1144, Pub. L. 89-329, title XII, §1204, formerly title VIII, §804, Nov. 8, 1965, 79 Stat. 1270; renumbered title XII, §1204, Pub. L. 90-575, title II, §251, Oct. 16, 1968, 82 Stat. 1042; amended Pub. L. 91-230, title IV, §401(f)(6), Apr. 13, 1970, 84 Stat. 173, prohibited Federal control over education.Section 1144a, Pub. L. 89-329, title XII, §1204, as added Pub. L. 96-374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1495; amended Pub. L. 99-498, title XII, §1201, Oct. 17, 1986, 100 Stat. 1573; Pub. L. 102-73, §801, 105 Stat. 360; Pub. L. 103-208, §2(j)(49), Dec. 20, 1993, 107 Stat. 2485, related to treatment of territories and territorial student assistance.Another prior section 1144a, Pub. L. 92-318, title V, §510, June 23, 1972, 86 Stat. 353, 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.Section 1145, Pub. L. 89-329, title XII, §1205, as added Pub. L. 96-374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1495; amended Pub. L. 99-498, title XII, §1202, Oct. 17, 1986, 100 Stat. 1573; Pub. L. 102-325, §1203, 106 Stat. 793; Pub. L. 103-208, §2(j)(50)-(53), Dec. 20, 1993, 107 Stat. 2485, related to National Advisory Committee on Institutional Quality and Integrity. Another prior section 1145, Pub. L. 89-329, title XII, §1205, as added Pub. L. 90-575, title II, §291(a), Oct. 16, 1968, 82 Stat. 1049; amended Pub. L. 91-230, title IV, §401(h)(4), Apr. 13, 1970, 84 Stat. 174, established an Advisory Council on Graduate Education in the Office of Education, prior to repeal by section 1201 of Pub. L. 96-374. Section 1145a, Pub. L. 89-329, title XII, §1206, as added Pub. L. 99-498, title XII, §1203, Oct. 17, 1986, 100 Stat. 1573, related to Commission to study postsecondary institutional and programmatic recognition process.Another prior section 1145a, Pub. L. 89-329, title XII, §1206, as added Pub. L. 92-318, title I, §197, June 23, 1972, 86 Stat. 325, related to supplying cost-of-education data by institutions of higher education, prior to repeal by Pub. L. 96-374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1493, eff. Oct. 1, 1980.Section 1145b, Pub. L. 89-329, title XII, §1207, as added Pub. L. 99-498, title XII, §1204, Oct. 17, 1986, 100 Stat. 1576, related to student representation in connection with administration of this chapter. Another prior section 1145b, Pub. L. 89-329, title XII, §1202, formerly §1207, as added Pub. L. 94-482, title I, §182, Oct. 12, 1976, 90 Stat. 2167; renumbered title XII, §1202, Pub. L. 96-374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1493, which related to antidiscrimination requirements for institutions of higher education receiving Federal assistance, was transferred to section 1142 of this title and subsequently repealed by Pub. L. 105-244.Section 1145c, Pub. L. 89-329, title XII, §1208, as added Pub. L. 99-498, title XII, §1205, Oct. 17, 1986, 100 Stat. 1577, related to financial responsibility of foreign students. Another prior section 1145c, Pub. L. 89-329, title XII, §1208, as added Pub. L. 94-482, title I, §183, Oct. 12, 1976, 90 Stat. 2167, related to availability of appropriations, prior to repeal by Pub. L. 96-374, title XII, §1201, Oct. 3, 1980, 94 Stat. 1493, eff. Oct. 1, 1980. Section 1145d, Pub. L. 89-329, title XII, §1209, as added Pub. L. 102-325, §1204, 106 Stat. 794; amended Pub. L. 103-208, §2(j)(54), Dec. 20, 1993, 107 Stat. 2485, related to disclosures of foreign gifts. Another prior section 1145d, Pub. L. 89-329, title XII, §1209, as added Pub. L. 99-498, title XII, §1206(a), Oct. 17, 1986, 100 Stat. 1577, related to disclosures of foreign gifts, prior to repeal by Pub. L. 99-498, title XII, §1206(b), Oct. 17, 1986, 100 Stat. 1579, as amended by Pub. L. 100-50, §22(f), June 3, 1987, 101 Stat. 362, effective Aug. 1, 1989.Section 1145d-1, Pub. L. 89-329, title XII, §1210, as added Pub. L. 100-50, §21(b), June 3, 1987, 101 Stat. 360, related to application of peer review process.Section 1145e, Pub. L. 89-329, title XII, §1211, formerly §1210, as added Pub. L. 99-498, title XII, §1207, Oct. 17, 1986, 100 Stat. 1579; renumbered §1211, Pub. L. 100-50, §21(b), June 3, 1987, 101 Stat. 360, related to aggregate limit of authorization of appropriations.Section 1145f, Pub. L. 89-329, title XII, §1212, formerly §1211, as added Pub. L. 100-418, title VI, §6231, Aug. 23, 1988, 102 Stat. 1518; renumbered §1212 and amended Pub. L. 103-208, §2(j)(55), (56), Dec. 20, 1993, 107 Stat. 2485, related to technology transfer centers. Section 1145g, Pub. L. 89-329, title XII, §1213, as added Pub. L. 101-226, §22(a)(1), Dec. 12, 1989, 103 Stat. 1938, related to drug and alcohol abuse prevention.A prior section 1145h, Pub. L. 102-325, §1541, 106 Stat. 834; Pub. L. 103-208, §2(k)(13), Dec. 20, 1993, 107 Stat. 2486, authorized grants for campus sexual offense education, prior to repeal by Pub. L. 105-332, §6(b)(3), Oct. 31, 1998, 112 Stat. 3128.A prior section 1146, Pub. L. 96-374, title XIII, §1392, Oct. 3, 1980, 94 Stat. 1504, which related to contract authority, was transferred to section 1154 of this title. Another prior section 1146, Pub. L. 89-329, title XII, §1206, as added Pub. L. 90-575, title II, §292, Oct. 16, 1968, 82 Stat. 1050, provided for dissemination of information and authorization of $2,000,000 for fiscal year ending June 30, 1970, and such amount as Congress might authorize for fiscal year ending June 30, 1971, prior to repeal by Pub. L. 91-230, title IV, §401(d)(5), Apr. 13, 1970, 84 Stat. 173.A prior section 1146a, Pub. L. 99-498, §3, Oct. 17, 1986, 100 Stat. 1278, which provided that contracting authority be subject to appropriations, was transferred, and is set out as a Contracting Authority Subject to Appropriations note under section 1154 of this title.Prior sections 1147 to 1150, Pub. L. 89-329, title XII, §§1207-1210, as added Pub. L. 90-575, title II, §295, Oct. 16, 1968, 82 Stat. 1051, 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 Pub. L. 91-230, title IV, §401(b), Apr. 13, 1970, 84 Stat. 172.
AMENDMENTS2010-Subsec. (a). Pub. L. 111-152, §2102(1), 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."Subsec. (c)(2). Pub. L. 111-152, §2102(2), substituted "1.0 percent" for "0.5 percent". 2009-Subsec. (c)(1). Pub. L. 111-39, §701(6)(A), made technical amendment to reference in original act which appears in two places in text as reference to section 9902(2) of title 42. Subsec. (e). Pub. L. 111-39, §701(6)(B), substituted "(as described in section 1085(p) of this title)" for "(as defined in section 1085(p) of this title, as amended by section 303 of this Act)" and "1078(b)" for "1085(j)" in introductory provisions.Subsec. (g)(2). Pub. L. 111-39, §701(6)(C), made technical amendment to reference in original act which appears in text as reference to section 9902(2) of title 42.Subsec. (i). Pub. L. 111-39, §701(6)(D), substituted "consortium" for "consortia" in par. (1)(D) and in par. (2) in heading and wherever appearing in text. 2008-Subsec. (a). Pub. L. 110-315, §710(1), 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."Subsec. (b)(1). Pub. L. 110-315, §710(2), inserted ", subject to the availability of appropriations," after "the Secretary shall".Subsec. (e). Pub. L. 110-315, §710(3), inserted ", or those nonprofit organizations that have agreements with the Secretary under section 1085(j) of this title" before ", or a partnership".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2009 AMENDMENT Amendment 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.