 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
                       Part F--General Provisions
 
Sec. 1068h. Authorization of appropriations


(a) Authorizations

                             (1) Part A

        (A) There are authorized to be appropriated to carry out part A 
    of this subchapter, $135,000,000 (other than section 1059c of this 
    title) for fiscal year 1999, and such sums as may be necessary for 
    each of the 4 succeeding fiscal years.
        (B) There are authorized to be appropriated to carry out section 
    1059c of this title, $10,000,000 for fiscal year 1999 and such sums 
    as may be necessary for each of the 4 succeeding fiscal years.
        (C) There are authorized to be appropriated to carry out section 
    1059d of this title, $5,000,000 for fiscal year 1999 and such sums 
    as may be necessary for each of the 4 succeeding fiscal years.

                             (2) Part B

        (A) There are authorized to be appropriated to carry out part B 
    of this subchapter (other than section 1063b of this title), 
    $135,000,000 for fiscal year 1999, and such sums as may be necessary 
    for each of the 4 succeeding fiscal years.
        (B) There are authorized to be appropriated to carry out section 
    1063b of this title, $35,000,000 for fiscal year 1999, and such sums 
    as may be necessary for each of the 4 succeeding fiscal years.

                             (3) Part C

        There are authorized to be appropriated to carry out part C of 
    this subchapter, $10,000,000 for fiscal year 1999, and such sums as 
    may be necessary for each of the 4 succeeding fiscal years.

                             (4) Part D

        (A) There are authorized to be appropriated to carry out part D 
    of this subchapter (other than section 1066d(7) of this title, but 
    including section 1066f of this title), $110,000 for fiscal year 
    1999, and such sums as may be necessary for each of the 4 succeeding 
    fiscal years.
        (B) There are authorized to be appropriated to carry out section 
    1066d(7) of this title, such sums as may be necessary for fiscal 
    year 1999 and each of the 4 succeeding fiscal years.

                             (5) Part E

        There are authorized to be appropriated to carry out part E of 
    this subchapter, $10,000,000 for fiscal year 1999, and such sums as 
    may be necessary for each of the 4 succeeding fiscal years.

(b) Use of multiple year awards

    In the event of a multiple year award to any institution under this 
subchapter, the Secretary shall make funds available for such award from 
funds appropriated for this subchapter for the fiscal year in which such 
funds are to be used by the recipient.

(Pub. L. 89-329, title III, Sec. 399, formerly Sec. 360, as added Pub. 
L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1307; 
amended Pub. L. 102-325, title III, Sec. 305(e)-(g), July 23, 1992, 106 
Stat. 479; renumbered Sec. 399, and amended Pub. L. 105-244, title III, 
Secs. 301(a)(2), 308(h), Oct. 7, 1998, 112 Stat. 1636, 1649.)

                          Codification

    Section was formerly classified to section 1069f of this title prior 
to renumbering by Pub. L. 105-244.


                            Prior Provisions

    A prior section 1069, Pub. L. 89-329, title III, Sec. 354, as added 
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1305, 
which related to cooperative arrangements, was renumbered section 394 of 
Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct. 7, 
1998, 112 Stat. 1636, and transferred to section 1068c of this title.
    Another prior section 1069, Pub. L. 89-329, title III, Sec. 344, as 
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat. 1399, 
provided for a program of grants to encourage cooperative arrangements 
between institutions, prior to the general amendment of this subchapter 
by Pub. L. 99-498.
    Another prior section 1069, Pub. L. 89-329, title IV, Sec. 409, Nov. 
8, 1965, 79 Stat. 1236, related to definition of academic year, prior to 
the general amendment 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.
    A prior section 1069a, Pub. L. 89-329, title III, Sec. 355, as added 
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1306; 
amended Pub. L. 100-50, Sec. 2(a)(16), (17), June 3, 1987, 101 Stat. 
336, related to special payments rules, prior to repeal by Pub. L. 102-
325, Sec. 2, title III, Sec. 305(c), July 23, 1992, 106 Stat. 458, 478, 
effective Oct. 1, 1992.
    Another prior section 1069a, Pub. L. 89-329, title III, Sec. 345, as 
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat. 1399, 
related to assistance to institutions under other programs, prior to the 
general amendment of this subchapter by Pub. L. 99-498.
    A prior section 1069b, Pub. L. 89-329, title III, Sec. 356, as added 
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1306, 
and amended, which related to assistance to institutions under other 
programs, was renumbered section 395 of Pub. L. 89-329 by Pub. L. 105-
244, title III, Sec. 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and 
transferred to section 1068d of this title.
    Another prior section 1069b, Pub. L. 89-329, title III, Sec. 346, as 
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat. 1400, 
limited activities for which funds appropriated to carry out this 
subchapter could be expended, prior to the general amendment of this 
subchapter by Pub. L. 99-498.
    A prior section 1069c, Pub. L. 89-329, title III, Sec. 357, as added 
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1307, 
which related to limitations on use of funds, was renumbered section 396 
of Pub. L. 89-329 by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct. 7, 
1998, 112 Stat. 1636, and transferred to section 1068e of this title.
    Another prior section 1069c, Pub. L. 89-329, title III, Sec. 347, as 
added Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat. 1400, 
and Pub. L. 98-95, Sec. 3, Sept. 26, 1983, 97 Stat. 711; Pub. L. 98-312, 
Sec. 1, June 12, 1984, 98 Stat. 233, authorized appropriations to carry 
out parts A to C of this subchapter, prior to the general amendment of 
this subchapter by Pub. L. 99-498.
    A prior section 1069d, Pub. L. 89-329, title III, Sec. 358, as added 
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1307, 
which related to penalties, was renumbered section 397 of Pub. L. 89-329 
by Pub. L. 105-244, title III, Sec. 301(a)(2), Oct. 7, 1998, 112 Stat. 
1636, and transferred to section 1068f of this title.
    A prior section 1069e, Pub. L. 89-329, title III, Sec. 359, as added 
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1307, 
required application for challenge grant, prior to repeal by Pub. L. 
102-325, Sec. 2, title III, Sec. 305(c), July 23, 1992, 106 Stat. 458, 
478, effective Oct. 1, 1992.
    A prior section 1069f, Pub. L. 89-329, title III, Sec. 360, as added 
Pub. L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1307, 
and amended, which authorized appropriations, 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 transferred to this section.


                               Amendments

    1998--Subsec. (a)(1)(A). Pub. L. 105-244, Sec. 308(h)(1)(A), 
substituted ``1999'' for ``1993''.
    Subsec. (a)(1)(B). Pub. L. 105-244, Sec. 308(h)(1)(B), redesignated 
cl. (i) as entire subpar., substituted ``$10,000,000 for fiscal year 
1999'' for ``$45,000,000 for fiscal year 1993'', and struck out cl. (ii) 
which read as follows: ``No funds are authorized to be appropriated 
pursuant to clause (i) for any fiscal year unless the amount 
appropriated pursuant to paragraph (1)(A) for such fiscal year equals or 
exceeds $80,000,000.''
    Subsec. (a)(1)(C). Pub. L. 105-244, Sec. 308(h)(1)(C), added subpar. 
(C).
    Subsec. (a)(2)(A). Pub. L. 105-244, Sec. 308(h)(2)(A), substituted 
``1999'' for ``1993''.
    Subsec. (a)(2)(B). Pub. L. 105-244, Sec. 308(h)(2)(B), substituted 
``$35,000,000 for fiscal year 1999'' for ``$20,000,000 for fiscal year 
1993''.
    Subsec. (a)(3). Pub. L. 105-244, Sec. 308(h)(3), substituted 
``$10,000,000 for fiscal year 1999'' for ``$50,000,000 for fiscal year 
1993''.
    Subsec. (a)(4), (5). Pub. L. 105-244, Sec. 308(h)(4), added pars. 
(4) and (5).
    Subsec. (c). Pub. L. 105-244, Sec. 308(h)(5), struck out heading and 
text of subsec. (c). Text read as follows: ``If the amount appropriated 
under subsection (a)(1) of this section for part A of this subchapter 
for any fiscal year beginning after September 30, 1986, equals or 
exceeds the amount appropriated for such part for fiscal year 1986, the 
Secretary shall, for such fiscal year--
        ``(1) allocate 25 percent of the excess (above the amount 
    appropriated for part A of this subchapter for fiscal year 1986) 
    among eligible institutions at which at least 60 percent of the 
    students are African Americans, Hispanic Americans, Native 
    Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, 
    or any combination thereof; and
        ``(2) allocate 75 percent of such excess among other eligible 
    institutions.''
    Subsec. (d). Pub. L. 105-244, Sec. 308(h)(5), struck out heading and 
text of subsec. (d). Text read as follows: ``In any fiscal year in which 
the sums appropriated for part A of this subchapter are insufficient to 
make the reservations required by subsection (c) of this section, the 
Secretary shall ratably reduce the amount of the reservation.''
    Subsec. (e). Pub. L. 105-244, Sec. 308(h)(5), struck out heading and 
text of subsec. (e). Text read as follows: ``In any fiscal year 
beginning after September 30, 1992, the Secretary shall award at least 
25 percent of the amount appropriated pursuant to the authority of 
paragraph (3) of subsection (a) of this section in each fiscal year to 
historically black colleges and universities that meet the requirements 
of part C of this subchapter, unless there are an insufficient number of 
quality applications or an insufficient number of applications due to 
the provisions in subsection (b)(2)(C) or subsection (b)(4)(B) of 
section 1065 of this title.''
    1992--Subsec. (a). Pub. L. 102-325, Sec. 305(e), amended subsec. (a) 
generally, substituting present provisions for provisions authorizing 
appropriations for fiscal year 1987 and the four succeeding fiscal 
years.
    Subsec. (c). Pub. L. 102-325, Sec. 305(f), substituted ``1986, the 
Secretary shall, for such fiscal year--'' for ``1986--'' in introductory 
provisions, added pars. (1) and (2), and struck out former pars. (1) and 
(2) which read as follows:
    ``(1) the Secretary shall, for such fiscal year, make available for 
use for the purposes of part A of this subchapter to institutions that 
are junior or community colleges not less than $51,400,000; and
    ``(2) the Secretary shall, for such fiscal year--
        ``(A) allocate 25 percent of the excess (above the amount 
    appropriated for part A of this subchapter for fiscal year 1986) 
    among eligible institutions with the highest percentages of students 
    who are Black Americans, Hispanic Americans, Native Americans, Asian 
    Americans, Native Hawaiians, or Pacific Islanders, or any 
    combination thereof; and
        ``(B) allocate 75 percent of such excess among other eligible 
    institutions.''
    Subsec. (e). Pub. L. 102-325, Sec. 305(g), added subsec. (e).


                    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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1057, 1062, 1063, 1065, 
1068e of this title.
