 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
   Part B--Strengthening Historically Black Colleges and Universities
 
Sec. 1062. Grants to institutions


(a) General authorization; uses of funds

    From amounts available under section 1069f(a)(2) \1\ of this title 
in 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:
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    \1\ See References in Text note below.
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        (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) 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 general

        An 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 requirement

        In 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) Comparability

        The provisions of part C of this subchapter 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, Sec. 323, as added Pub. L. 99-498, title 
III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1295; amended Pub. L. 100-50, 
Sec. 2(a)(7), June 3, 1987, 101 Stat. 335; Pub. L. 100-369, Sec. 10(b), 
July 18, 1988, 102 Stat. 838; Pub. L. 102-325, title III, Sec. 303(a), 
(b), July 23, 1992, 106 Stat. 474, 475; Pub. L. 103-208, Sec. 2(a)(8), 
Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105-244, title III, Sec. 304(a), 
Oct. 7, 1998, 112 Stat. 1642.)

                       References in Text

    Section 1069f(a)(2) of this title, referred to in subsec. (a), was 
in the original a reference to section 360(a)(2) of Pub. L. 89-329. 
Section 360 of Pub. L. 89-329 was renumbered section 399 of Pub. L. 89-
329 by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct. 7, 1998, 112 
Stat. 1636, and was transferred to section 1068h of this title.
    This chapter, referred to in subsec. (c)(1), was in the original 
``this Act'', meaning Pub. L. 89-329, as amended, known as the Higher 
Education Act of 1965. For complete classification of this Act to the 
Code, see Short Title note set out under section 1001 of this title and 
Tables.


                            Prior Provisions

    A prior section 1062, Pub. L. 89-329, title III, Sec. 323, as added 
Pub. L. 96-374, title III, Sec. 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, Sec. 402, Nov. 
8, 1965, 79 Stat. 1232; Pub. L. 90-575, title I, Sec. 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, Sec. 131(b)(1), June 23, 1972, 86 Stat. 247.


                               Amendments

    1998--Subsecs. (b), (c). Pub. L. 105-244, Sec. 304(a)(1), (2), added 
subsec. (b) and redesignated former subsec. (b) as (c).
    Subsec. (c)(3). Pub. L. 105-244, Sec. 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, Sec. 303(a)(1), inserted ``, 
including purchase or rental of telecommunications technology equipment 
or services'' after ``facilities''.
    Subsec. (a)(5). Pub. L. 102-325, Sec. 303(a)(2), inserted ``, 
including telecommunications program materials'' after ``materials''.
    Subsec. (a)(9) to (12). Pub. L. 102-325, Sec. 303(a)(3), added pars. 
(9) to (12).
    Subsec. (b)(3). Pub. L. 102-325, Sec. 303(b), added par. (3).
    1988--Subsec. (a)(3). Pub. L. 100-369, Sec. 10(b)(1), inserted ``, 
and faculty development'' after ``exchanges''.
    Subsec. (a)(7), (8). Pub. L. 100-369, Sec. 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''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1063a, 1068, 1068b, 1068c of 
this title.
