 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
   Part B--Strengthening Historically Black Colleges and Universities
 
Sec. 1063b. Professional or graduate institutions


(a) General authorization

    (1) Subject to the availability of funds appropriated to carry out 
this section, the Secretary shall award program grants to each of the 
postgraduate institutions listed in subsection (e) of this section that 
is determined by the Secretary to be making a substantial contribution 
to the legal, medical, dental, veterinary, or other graduate education 
opportunities in mathematics, engineering, or the physical or natural 
sciences for Black Americans.
    (2) No grant in excess of $1,000,000 may be made under this section 
unless the postgraduate institution provides assurances that 50 percent 
of the cost of the purposes for which the grant is made will be paid 
from non-Federal sources, 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) of this 
section, 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.

(b) Duration

    Grants shall be made for a period not to exceed 5 years.

(c) Uses of funds

    A grant under this section may be used for--
        (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) purchase of library books, periodicals, technical and other 
    scientific journals, microfilm, microfiche, and other educational 
    materials, including telecommunications program materials;
        (4) scholarships, fellowships, and other financial assistance 
    for needy graduate and professional students to permit the 
    enrollment of the students in and completion of the doctoral degree 
    in medicine, dentistry, pharmacy, veterinary medicine, law, and the 
    doctorate degree in the physical or natural sciences, engineering, 
    mathematics, or other scientific disciplines in which African 
    Americans are underrepresented;
        (5) establish or improve a development office to strengthen and 
    increase contributions from alumni and the private sector;
        (6) assist in the establishment or maintenance of an 
    institutional endowment to facilitate financial independence 
    pursuant to section 1065 of this title; and
        (7) funds and administrative management, and the acquisition of 
    equipment, including software, for use in strengthening funds 
    management and management information systems.

(d) Application

    Any institution eligible for a grant under this section shall submit 
an application which--
        (1) demonstrates how the grant funds will be used to improve 
    graduate educational opportunities for Black and low-income 
    students, and lead to greater financial independence; and
        (2) provides, in the case of applications for grants in excess 
    of $1,000,000, the assurances required by subsection (a)(2) of this 
    section and specifies the manner in which the eligible institution 
    is going to pay the non-Federal share of the cost of the 
    application.

(e) Eligibility

                           (1) In general

        Independent professional or graduate institutions and programs 
    eligible for grants under subsection (a) of this section are the 
    following \1\
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    \1\ So in original. Probably should be followed by a colon.
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            (A) Morehouse School of Medicine;
            (B) Meharry Medical School;
            (C) Charles R. Drew Postgraduate Medical School;
            (D) Clark-Atlanta University;
            (E) Tuskegee University School of Veterinary Medicine and 
        other qualified graduate programs;
            (F) Xavier University School of Pharmacy and other qualified 
        graduate programs;
            (G) Southern University School of Law and other qualified 
        graduate programs;
            (H) Texas Southern University School of Law and School of 
        Pharmacy and other qualified graduate programs;
            (I) Florida A&M University School of Pharmaceutical Sciences 
        and other qualified graduate programs;
            (J) North Carolina Central University School of Law and 
        other qualified graduate programs;
            (K) Morgan State University qualified graduate program;
            (L) Hampton University qualified graduate program;
            (M) Alabama A&M qualified graduate program;
            (N) North Carolina A&T State University qualified graduate 
        program;
            (O) University of Maryland Eastern Shore qualified graduate 
        program;
            (P) Jackson State University qualified graduate program;
            (Q) Norfolk State University qualified graduate programs; 
        and
            (R) Tennessee State University qualified graduate programs.

                   (2) Qualified graduate program

        (A) For the purposes of this section, the term ``qualified 
    graduate program'' means a graduate or professional program that 
    provides a program of instruction in the physical or natural 
    sciences, engineering, mathematics, or other scientific discipline 
    in which African Americans are underrepresented and has students 
    enrolled in such program at the time of application for a grant 
    under this section.
        (B) Notwithstanding the enrollment requirement contained in 
    subparagraph (A), an institution may use an amount equal to not more 
    than 10 percent of the institution's grant under this section for 
    the development of a new qualified graduate program.

                          (3) Special rule

        Institutions that were awarded grants under this section prior 
    to October 1, 1998, shall continue to receive such grants, subject 
    to the availability of appropriated funds, regardless of the 
    eligibility of the institutions described in subparagraphs (Q) and 
    (R) of paragraph (1).

                    (4) One grant per institution

        The Secretary shall not award more than 1 grant under this 
    section in any fiscal year to any institution of higher education or 
    university system.

                      (5) Institutional choice

        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.

(f) Funding rule

    Subject to subsection (g) of this section, of the amount 
appropriated to carry out this section for any fiscal year--
        (1) the first $26,600,000 (or any lesser amount appropriated) 
    shall be available only for the purposes of making grants to 
    institutions or programs described in subparagraphs (A) through (P) 
    of subsection (e)(1) of this section;
        (2) any amount in excess of $26,600,000, but not in excess of 
    $28,600,000, shall be available for the purpose of making grants to 
    institutions or programs described in subparagraphs (Q) and (R) of 
    subsection (e)(1) of this section; and
        (3) any amount in excess of $28,600,000, shall be made available 
    to each of the institutions or programs identified in subparagraphs 
    (A) through (R) \2\ pursuant to a formula developed by the Secretary 
    that uses the following elements:
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    \2\ So in original. Probably should be ``subparagraphs (A) to (R) of 
subsection (e)(1) of this section''.
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            (A) The ability of the institution to match Federal funds 
        with non-Federal funds.
            (B) The number of students enrolled in the programs for 
        which the eligible institution received funding under this 
        section in the previous year.
            (C) The average cost of education per student, for all full-
        time graduate or professional students (or the equivalent) 
        enrolled in the eligible professional or graduate school, or for 
        doctoral students enrolled in the qualified graduate programs.
            (D) The number of students in the previous year who received 
        their first professional or doctoral degree from the programs 
        for which the eligible institution received funding under this 
        section in the previous year.
            (E) The contribution, on a percent basis, of the programs 
        for which the institution is eligible to receive funds under 
        this section to the total number of African Americans receiving 
        graduate or professional degrees in the professions or 
        disciplines related to the programs for the previous year.

(g) Hold harmless rule

    Notwithstanding paragraphs (2) and (3) of subsection (f) of this 
section, no institution or qualified program identified in subsection 
(e)(1) of this section that received a grant for fiscal year 1998 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 1998, 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.

(Pub. L. 89-329, title III, Sec. 326, as added Pub. L. 99-498, title 
III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1297; amended Pub. L. 100-50, 
Sec. 2(a)(9), (10), June 3, 1987, 101 Stat. 335; Pub. L. 102-325, title 
III, Sec. 303(f)(1), (g), July 23, 1992, 106 Stat. 475, 476; Pub. L. 
103-208, Sec. 2(a)(9), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 104-141, 
Sec. 2, May 6, 1996, 110 Stat. 1328; Pub. L. 105-244, title III, 
Sec. 304(b), Oct. 7, 1998, 112 Stat. 1643.)


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-244, Sec. 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, Sec. 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) of this section, 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, Sec. 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, Sec. 304(b)(1)(B), substituted 
``$1,000,000'' for ``$500,000''.
    Subsec. (e)(1). Pub. L. 105-244, Sec. 304(b)(3)(A)(i), substituted 
``are the following'' for ``include--'' in introductory provisions.
    Subsec. (e)(1)(E) to (J). Pub. L. 105-244, Sec. 304(b)(3)(A)(ii), 
inserted ``and other qualified graduate programs'' before semicolon at 
end.
    Subsec. (e)(1)(P). Pub. L. 105-244, Sec. 304(b)(3)(A)(iv)(I), 
inserted ``University'' after ``State''.
    Subsec. (e)(1)(Q), (R). Pub. L. 105-244, Sec. 304(b)(3)(A)(iii), 
(iv)(II), (III), added subpars. (Q) and (R).
    Subsec. (e)(2). Pub. L. 105-244, Sec. 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, Sec. 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, Sec. 304(b)(3)(C), added par. (5).
    Subsec. (f). Pub. L. 105-244, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 303(g), added subsec. (f).
    1987--Subsec. (a)(2). Pub. L. 100-50, Sec. 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, Sec. 2(a)(10), made technical 
amendment to reference to section 1065 of this title to correct 
reference to corresponding section of original act.


                    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

    Section 1 of Pub. L. 104-141 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 1068h of this title.
