text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/173

 PUBLIC LAW 99-498—OCT. 17, 1986 "PART B—PATRICIA ROBERTS HARRIS FELLOWSHIPS

"Sec. 921. Statement of purpose; designation of awards. "Sec. 922. Program authorized. "Sec. 923. Award of fellowships. "PART C—JACOB K. JAVITS FELLOWS PROGRAM

"Sec. "Sec. "Sec. "Sec.

931. Award of national graduate fellowships. 932. Allocation of fellowships. 933. Stipends. 934. Fellowship conditions. "PART D—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED

"Sec. 941. Purpose. "Sec. 942. Grants to academic departments and programs of institutions. "Sec. 943. Institutional eligibility. "Sec. 944. Criteria for applications. "Sec. 945. Awards to graduate students. "Sec. 946. Additional assistance for cost of education. "PART E—ASSISTANCE FOR TRAINING IN THE LEGAL PROFESSION

"Sec. 951. Program authorized. "PART F—LAW SCHOOL CUNICAL EXPERIENCE PROGRAMS

"Sec. 961. Program authorization. "Sec. 962. Applications. "PART G—AUTHORIZATION OF APPROPRIATIONS

"Sec. 971. Amount and duration of authorization.". TITLE X-IMPROVEMENT OF POSTSECONDARY EDUCATION Sec. 1001. Fund for the improvement of postsecondary education. Sec. 1002. Minority science and engineering improvement programs. "PART B—MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAMS "SUBPART 1—MINORITY SCIENCE IMPROVEMENT PROGRAM

"Sec. "Sec. "Sec. "Sec.

1021. Purpose; authority. 1022. Grant recipient selection. 1023. Use of funds. 1024. Administration. "SUBPART 2—SCIENCE AND ENGINEERING ACCESS PROGRAMS

"Sec. 1031. Minority support in science and engineering programs. "Sec. 1032. Special service projects program. "Sec. 1033. Supportable activities. "SUBPART 3—ADMINISTRATIVE AND GENERAL PROVISIONS

"Sec. 1041. Eligibility for grants. "Sec. 1042. Grant application. "Sec. 1043. Cross program and cross agency cooperation. "Sec. 1044. Administrative provisions. "Sec. 1045. Advisory provisions. "Sec. 1046. Definitions. "Sec. 1047. Authorization of appropriations.". Sec. 1003. Innovative projects authorized.

100 STAT. 1275

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/174

 100 STAT. 1276

PUBLIC LAW 99-498—OCT. 17, 1986 "PART C—INNOVATIVE PROJECTS FOR COMMUNITY SERVICES AND STUDENT FINANCIAL INDEPENDENCE

"Sec. 1061. Statement of purpose. "Sec. 1062. Innovative projects for community services and student financial independence. "Sec. 1063. Authorization of appropriations.". Sec. 1004. Technical amendment. TITLE XI—PARTNERSHIPS FOR ECONOMIC DEVELOPMENT AND URBAN COMMUNITY SERVICE Sec. 1101. Program authorized. "TITLE XI—PARTNERSHIPS FOR ECONOMIC DEVELOPMENT AND URBAN COMMUNITY SERVICE "PART A—PARTNERSHIPS FOR ECONOMIC DEVELOPMENT

"Sec. 1101. Findings and purpose. "Sec. 1102. Use of economic development funds. "Sec. 1103. Requirements for economic development grant applications. "PART B—URBAN COMMUNITY SERVICE

"Sec. 1111. Purpose. "Sec. 1112. Use of urban community service funds. "Sec. 1113. Contents for applications for urban community services projects. "PART C—GENERAL PROVISIONS

"Sec. 1121. Administrative provisions. "Sec. 1122. Authorization of appropriations. "Sec. 1123. Definitions. "PART D—WAGNER INSTITUTE OF URBAN PUBLIC POLICY

"Sec. 1131. Purpose; designation. "Sec. 1132. Application for and use of funds. "Sec. 1133. Authorization of appropriations.". Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE XII-GENERAL PROVISIONS 1201. Treatment of territories and territorial student assistance. 1202. Reauthorization of the National Advisory Committee on Accreditation and Institutional Eligibility. 1203. Commission to study postsecondary institutional and programmatic recognition process. 1204. Student representation. 1205. Financial responsibility of foreign students. 1206. Disclosures of foreign gifts. 1207. Aggregate limit of authorization of appropriations. TITLE XIII—EDUCATION ADMINISTRATION PART A—SECRETARIAL STUDIES AND EVALUATIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1301. Satisfactory progress. 1302. National Endowment for International Studies. 1303. Data study required. 1304. Evaluation of continuing education. 1305. Study of bankruptcy treatment of students. 1306. Study of Pell Grant less than half-time students. 1307. Authorization of appropriations.

^

PART B—GENERAL ACCOUNTING OFFICE REPORTS

Sec. 1311. Study of practices of State guaranty agencies and multistate guarantors under the guaranteed student loan program. Sec. 1312. Study of use of multiple-year lines of credit. Sec. 1313. Study of multiple disbursement. r. Sec. 1314. Student loan consolidation.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/175

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1277

PART C—COSTS OP POSTSECONDARY EDUCATION

Sec. 1321. National Commission on Responsibilities for Financing Postsecondary Education. PART D—LIBRARY RESOURCES

Sec. 1331. Study of the effectiveness of the needs criteria for the college library resource program authorized. PART E—NATIONAL ACADEMY OP SCIENCES STUDY

Sec. 1341. Volunteers. PART F—FAULKNER UNIVERSITY

Sec. 1351. Relief of liability. PART G — A U E N YOUTH EDUCATION OPPORTUNITY PANEL

Sec. 1361. Denial of student assistance to certain noncitizens. PART H—BOSTON COLLEGE

Sec. 1371. Debt provision. PART I—CARL ALBERT CONGRESSIONAL RESEARCH AND STUDIES CENTER

Sec. 1381. Appropriation provision. Sec. Sec. Sec. Sec.

TITLE XIV—EDUCATION RESEARCH AND STATISTICS 1401. Educational research and improvement. 1402. Center for Education Statistics. 1403. Use of Council staff and facilities. 1404. Special projects under the Secretary's discretionary funds.

TITLE XV—AMERICAN INDIAN, ALASKA NATIVE. AND NATIVE HAWAIIAN CULTURE AND ART DEVELOPMENT Sec. 1501. Short title. Sec. 1502. Findings. Sec. 1503. Definitions. PART A—AMERICAN INDIANS AND ALASKAN NATIVES

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1504. Establishment of Institute. 1505. Board of Trustees. 1506. Executive Board. 1507. General powers of the Board. 1508. President of the Institute. 1509. Staff of Institute. 1510. Functions of the Institute. 1511. Indian preference. 1512. Nonprofit and nonpolitical nature of the Institute. 1513. Tax status. 1514. Transfer of functions. 1515. Reports. 1516. Headquarters. 1517. Compliance with other Acts. 1518. Endowment program. PART B—NATIVE HAWAIIANS

Sec. 1521. Program for Native Hawaiian culture and art development. Sec. 1522. Administrative provisions. PART C—AUTHORIZATION OF APPROPRIATIONS

Sec. 1531. Authorization of appropriations. TITLE XVI—UNITED STATES INSTITUTE OF PEACE Sec. 1601. Authorizations of appropriations. SEC. 2. EFFECTIVE DATE.

Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the date of enactment of this Act.

20 USC 1001

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/176

 100 STAT. 1278 20 USC 1146a.

20 USC 1071.

PUBLIC LAW 99-498—OCT. 17, 1986

SEC. 3. CONTRACTING AUTHORITY SUBJECT TO APPROPRIATIONS.

The authority to enter into contracts or other obligations under this Act (other than amendments made to part B of title IV of the Act) shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. TITLE I—AMENDMENT TO TITLE I OF THE ACT SEC. 101, REVISION OF TITLE I.

>>

Title I of the Act is amended to read as follows: "TITLE I—POSTSECONDARY PROGRAMS FOR NONTRADITIONAL STUDENTS "FINDINGS

20 USC 1001.

t;

"SEC. 101. The Congress finds that— "(1) the increasing incidence of relocation and dislocation of industries and workers, the entry and reentry of adults into the labor force, and the rapid rate of change in technology, the economy, population demographics, and social conditions, necessitate significant improvement in postsecondary educational opportunities for adults in all stages of life; "(2) the majority of adults who continue their education do so for job-related and career-oriented reasons or to fulfill admissions requirements for educational or vocational training; "(3) minority-group citizens comprise the fastest growing segment of the population and labor force, yet are underrepresented in adult education programs; "(4) access to postsecondary educational opportunities is limited for adults whose educational needs have been inadequately served, or for those whose age, sex, race, disability, national origin, rural isolation, or economic or personal circumstances (such as marital status or responsibility with regard to dependent children) are barriers to such opportunities; "(5) enrollment of adult learners (including individuals aged 50 and over) approaches or equals that of traditional students in postsecondary institutions and such enrollment patterns are changing the demography of postsecondary education; "(6) the organizational structure and administration of postsecondary institutions often represents a significant barrier to matriculation for the adult learner and such institutions need to adapt themselves to integrate adult learners; "(7) the Federal Government should encourage the development of institutional partnerships between the public and private sectors and postsecondary institutions for the purpose of planning and implementing effective educational programs and services for the adult learner; and "(8) it is in the interest of the Federal Government to support continuing education for adults in order to reduce unemployment and underemployment, enhance job opportunities, and promote a well-trained, flexible, internationaly competitive work force and an educated citizenry. "DEFINITIONS

20 USC 1002.

"SEC. 102. For the purpose of this title—

^j

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/177

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1279

"(1) the term 'continuing education' means postsecondary instruction and support services that are designed to meet the educational needs of adult learners; "(2) the term 'adult learner' means an individual who by reason of personal circumstance, age, gender, disability, minority status, income, rural isolation, economic or educational disadvantage, marital status, presence of dependent children, lack of or need for new employment skills (including skills needed to pursue a new career) or other significant barrier (A) is not a traditional student, and (B) engages in some form of structured postsecondary study to improve the individual's knowledge, information skills, or employment opportunities; "(3) the term 'eligible institution' means an institution of higher education, combinations of institutions of hi.gher education, or consortia of any such institutions; and "(4) the term 'qualified entity' means a public or nonprofit private organization which has— "(A) experience in administering a program consistent with the requirements of this title; and "(B) demonstrated the ability to coordinate, manage, and provide technical assistance to programs that receive grants under this title. "LIMITATION ON CONTRACT AUTHORITY

"SEC. 103. The authority to enter into contracts under this title is 20 USC 1003. subject to the availability of appropriations. "PART A—PROGRAM AND PLANNING GRANTS INSTITUTIONAL DEVELOPMENT

'SEC. 111. (a) PURPOSE.—It is the purpose of this section— "(1) to assist eligible institutions to establish programs relating postsecondary education resources more closely to the continuing educational training needs of the American work force; "(2) to help strengthen the capacity of postsecondary institutions to respond to the continuing education needs of adults, especially adults— "(A) dislocated by technological and economic change, "(B) seeking entry, reentry, or progression in the work force after prolonged absences due to marriage and childrearing; "(C) isolated from educational resources due to age or geographic location; "(D) seeking entry into nontraditional occupations for their race or sex; "(E) receiving aid to families with dependent children; "(F) who are functionally illiterate; and "(G) who desire to pursue a new career; and "(3) to support cooperative arrangements between eligible institutions, community-based organizations, and private and public sector employers that will facilitate meeting the goals of paragraphs (1) and (2).

Employment and unemployment. 20 USC 1011.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/178

 100 STAT. 1280 Contracts.

PUBLIC LAW 99-498—OCT. 17, 1986

"(b) GRANTS.—To Carry out the purpose of this section, the Secretary shall make grants to, and enter into contracts with, eligible institutions for activities, such as— "(1) structuring an academic program designed to facilitate the attendance of working students, parents caring for dependent children, and individuals seeking to reenter the educational system; "(2) making academic programs available to adult learners at convenient times and locations; "(3) the encouragement of resource sharing for innovative uses of technology, including telecommunications (on an interstate or intrastate basis) to overcome barriers to continuing education opportunities and to develop innovative delivery systems for education programs; "(4) the creation or expansion of education programs and curriculum, including adult literacy efforts, designed to meet the present and future needs of the labor market; "(5) the development of cooperative relationships between business and labor organizations, community-based organizations, and agencies which provide opportunities for continuing education; "(6) the removal of barriers posed by previous education or training, age, sex, race, handicap, national origin, rural isolation, or economic circumstance which may place adults at a disadvantage in seeking continuing educational opportunities; "(7) educational information, including literacy information, student financial assistance information, and occupational information and counseling services designed to meet the special needs of inadequately served adults and to assist their entry or reentry into continuing education and the labor force; "(8) training for administrators, faculty, and staff to improve their ability to teach and serve adult learners; and "(9) development of remedial instruction programs for adult learners to enable them to enroll in college-level educational programs. "(c) ADDITIONAL USE OF FUNDS.—(1) Funds awarded under this section to any eligible institution shall be used for the purposes under subsection (b), except that, to a limited extent as approved by the Secretary, such funds may also be used for program planning and development to carry out the purposes of this section including— "(A) making adult and continuing educational opportunities available at convenient times and locations, including offcampus locations; "(B) evaluating the responsiveness of continuing education programs to the work and career-related objectives of adults; "(C) developing or expanding educational and occupational information and counseling services to meet the special needs of adults, including information concerning available forms of student financial assistance; "(D) training of personnel in continuing education programs to improve their ability to serve adult learners; "(E) developing or expanding high-technology delivery systems and curricula to ensure closer development and career transitions for adult learners;

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/179

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1281

"(F) joint planning and implementation activities between institutional and private sector representatives to expand educational opportunities; "(G) promoting the sharing of personnel and resources between an eligible institution and an employer; "(H) contributing to dependent care programs for low income participants in adult and continuing education and the development of dependent care programs; and "(I) encouraging and developing collaborative efforts between the institution or institutions and combinations of education institutions, private and public institutions, organizations, business, and labor to develop programs responsive to current employment and economic conditions. "(2) Funds made available under this section may not be used— "(A) to purchase or rent facilities to be used in connection with the program or for general operational overhead of the eligible institution; or "(B) to pay stipends or provide direct financial assistance to any individual participating in the programs established under this section. "(d) APPLICATIONS FOR ASSISTANCE.—(1) Any eligible institution may submit an application to the Secretary at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate the need for assistance. The Secretary shall make awards on a competitive basis. "(2) Each such application shall— "(A) provide evidence that the eligible institution has identified the educational needs of potential adult learners in the area served by the applicant, especially adults identified in subsection (a)(2); "(B) describe the current continuing education program offered by the eligible institution (including information concerning the professional competence of faculty and staff, their degree of participation in the continuing education program, and institutional resources committed to the continuing education program) and the activities proposed to be developed or assisted to meet the purposes of this section; "(C) provide assurance that Federal funds made available under this section will comprise not more than 87.5 percent of the cost of the program in the second year, and 75 percent in the third year; "(D) describe procedures for evaluating the effectiveness of the activities for which a grant or contract is awarded under this section; "(E) provide for such financial controls and accounting procedures as are necessary to ensure proper disbursement and accounting for funds made available to the applicant under this section and to ensure that funds made available under this section for any fiscal year will be used to supplement and, to the extent practical, increase the funds that would otherwise be made available for the purpose of this section and in no case supplant those funds; "(F) provide assurances that the continuing education programs, services, and activities, funded under this section will not be limited to individuals who are enrolled in programs of study that lead to baccalaureate or graduate degrees, but will also include programs for adults enrolled in noncredit continu-

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/180

 100 STAT. 1282

State and local governments.

State and local governments.

PUBLIC LAW 99-498—OCT. 17, 1986

ing education programs, that address the purposes of this section; "(G) provide assurances that the program funded under this section does not duplicate existing State funded programs, and, in the case of any public institution, that the proposed program is consistent with the State's goals for that institution; "(H) provide the projected number of students who will participate in the program and the proposed operational budget for the program, including the specific amounts proposed to be expended for salaries; "(I) include assurances that the applicant intends to continue the activities to be supported under the grant after termination of the grant, including a detailed plan for obtaining funds to continue such activities; "(J) provide assurances that funds made available under this section will be used only for the purposes of this section; "(K) provide for a reasonable period of review and comment on the proposed program by the appropriate State agency and include any such comments with the application to the Secretary; and "(L) include such other information as the Secretary may reasonably require to carry out the provisions of this section. "(3) In awarding grants or contracts the Secretary shall give priority consideration to eligible institutions which— "(A) as appropriate, include area employer and employee organizations in the planning of the proposed continuing education activity and provide assurances of the continued participation of such organizations in the implementation, operation, and evaluation of the funded activities; "(B) include assurances that the appropriate State agencies concerned with postsecondary education and State labor market and economic agencies have been consulted in the development of the proposal; "(C) demonstrate a willingness to conduct and integrate into the curriculum work-oriented professional and technical continuing education programs; "(D) demonstrate the capacity to obtain contributions of staff, equipment, and resources for such programs from nonacademic sources, particularly employers; and "(E) provide assurances that adults enrolled in such programs will have access to suitable and adequate financial assistance opportunities, including Federal student aid funds available for students enrolled less than half time. "ESTABLISHMENT OF OFF-CAMPUS PROGRAM GRANTS

20 USC 1012.

"SEC. 112. (a) PURPOSE; OFF-CAMPUS EDUCATION PROGRAMS.—The

Secretary shall establish a grant program to assist postsecondary institutions in developing programs to encourage the establishment and growth of off-campus educational programs. "(b) USES OF FUNDS.—Grants made under this section to any institution may be used for planning, developing, or operating a program designed by the institution to carry out the purposes of this section including— "(1) the development and use of high-technology educational delivery systems using computers, radio, television, teleconferencing, video-disc, print, any combination of such components.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/181

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1283

or such other means as may provide direct use and access by individuals to off-campus programs; "(2) the development of interstate educational delivery systems, cooperative, and consortia arrangements and programs (including telecommunications) which more effectively address regional needs for education; '(3) training of faculty and staff to develop educational programs using creative and innovative delivery systems; "(4) development of technological systems designed to enhance the teaching capabilities of faculty for students offcampus; "(5) the development of curricula and student support services for students off-campus; and "(6) acquisition (by lease or purchase) of necessary equipment, except that not more than 10 percent of such funds may be used for such acquisition. "(c) APPLICATIONS FOR ASSISTANCE.—(1) Any eligible institution requesting assistance under this section shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be required by the Secretary. The Secretary shall make awards on a competitive basis taking into consideration the relative cost and effectiveness of the proposed program. "(2) An institution, in its application for a grant, shall— "(A) describe a program for establishing or improving delivery systems for students off-campus which shall include (i) the proposed operational budget for the program or activities to be conducted with funds received under the grant; (ii) the educational program or courses which would be made available offcampus; and (iii) the educational needs which the program is designed to address; "(B) describe the applicant's current off-campus program or plans for an off-campus program; "(C) provide for such financial control and accounting procedures as may be necessary to ensure proper disbursement and accounting for funds made available to the applicant under this section; "(D) set forth policies and procedures to ensure that Federal funds made available under this section for any fiscal year will be used to supplement and, to the extent practical, increase the funds that would otherwise be made available for the purposes of this section and in no case supplant those funds; "(E) provide assurances that Federal funds made available under this section will comprise not more than 87.5 percent of the cost of the program in the second year, and 75 percent in the third year; "(F) set forth policies and procedures for evaluating the effectiveness of the institution in accomplishing the purposes of the activities for which a grant is awarded under this section; and "(G) provide such other information as the Secretary may require. "(3) Funds made available under this section to any institution may not be used for rent or the purchase of facilities to be used in connection with the program, for general operational overhead of the institution or combination of institutions, or for salaries or stipends to students participating in the program.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/182

 100 STAT. 1284

PUBLIC LAW 99-498—OCT. 17, 1986 "ADULT AND CONTINUING EDUCATION STAFF DEVELOPMENT

20 USC 1013.

20 USC note. note. 20 USC note. 29 USC 42 USC note. 42 USC

1201 2301 50^" t^ 30oT 1305.

"SEC. 113. (a) PURPOSE.—It is the purpose of this section to assist eligible institutions to provide in-service training to individuals involved in providing adult and continuing education services, including personnel involved in training offered under the Adult Education Act, the Job Training Partnership Act, the Carl D. Perkins Vocational Education Act, the Rehabilitation Act of 1973, the National Apprenticeship Act, the Older Americans Act of 1965, and the Social Security Act. "(b) GRANTS AUTHORIZED.—To carry out the purpose of this sec*'^°^.' ^^® Secretary shall make grants to eligible postsecondary institutions that have entered into agreements with the Secretary to carry out an adult and continuing education staff development training program in accordance with the requirements of this section, which may include— "(1) programs designed to enhance the pedagogical skills of the staff involved in programs offering adult and continuing education, including the training of staff and volunteers for literacy programs; "(2) technical assistance to programs of adult education, with particular emphasis on federally funded programs; and "(3) development of adult and continuing educational curricula materials, including adult literacy curricula, that may be used in adult and continuing education staff development training, especially materials that focus on utilization of new technologies. "(c) APPLICATIONS FOR ASSISTANCE.—(1) Any eligible institution requesting assistance under this section shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be required by the Secretary. The Secretary shall make awards on a competitive basis taking into consideration the relative cost and effectiveness of the proposed program. "(2) An institution, in its application for a grant, shall— "(A) describe a proposal for establishing or improving staff development programs including the proposed operational budget for the program or activities to be conducted with funds made available under this section; "(B) describe the applicant's current staff development program; "(C) provide for such financial control and accounting procedures as may be necessary to ensure proper disbursement and accounting for funds made available to the applicant under this section; "(D) set forth policies and procedures to ensure that Federal funds made available under this section for any fiscal year will be used to supplement and, to the extent practical, increase the funds that would otherwise be made available for the purposes of this part and in no case supplant those funds; "(E) set forth policies and procedures for evaluating the effectiveness of the institution in accomplishing the purposes of the activities for which a grant is awarded under this section; and "(F) provide such other information as the Secretary may require.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/183

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1285

"(3) Funds made available under this section to any institution may not be used for rent or the purchase of facilities to be used in connection with the program, for general operational overhead of the institution or combination of institutions, or for salaries or stipends to students participating in the program. "(4) A grant under this section may not exceed $50,000 for any fiscal year and may be awarded for a period not to exceed 3 years. ADMINISTRATION OF PROGRAMS BY THE SECRETARY

"SEC. 114. The Secretary shall ensure the equitable geographic distribution of funds under this part. In making awards under this part, the Secretary shall consider the equitable levels of funding for urban and rural areas. Grants and contracts under section 111 or 112 may be awarded for a period not to exceed 3 years and may not exceed $100,000 in the first year of funding, except that a grant or contract involving combinations of institutions of higher education or a consortia with other institutions or organizations may not exceed $150,000 in the first year.

Urban areas. Rural areas. 20 USC 1014.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 115. There is authorized to be appropriated to carry out this part $10,000,000 for fiscal year 1987 and such sums as may be necessary for each of the 4 succeeding fiscal years. One hundred percent of the funds appropriated under this section for fiscal year 1987 shall be available only to carry out sections 111 and 112.

20 USC 1015.

"PART B—NATIONAL PROGRAMS ADULT L E A R N I N G RESEARCH

121. (a) ESTABLISHMENT OF PROGRAM.—To carry out the purpose of this section by providing assistance to institutions of higher education, the Secretary is authorized to make grants to, and to enter into contracts with, eligible institutions to ensure a sustained capacity to undertake independent research and research application activities in adult and continuing education. "(b) USES OF FUNDS.—Funds made available under this section to any eligible institution may be used for planning, developing, or operating a program which may include— "(1) identifying and analyzing the special problems and needs of adult learners; "(2) collecting, analyzing, and disseminating information relating to adult learners and their educational and employment objectives, with particular focus on analyzing and disseminating information on the current and projected needs of the labor market; "(3) examining and applying uses of education technologies to reach new and isolated learners; "(4) collecting and disseminating relevant data from Federal agencies and other national and State resources applicable to postsecondary institutional planning for continuing education, including information related to Federal and other forms of student financial assistance; "(5) supporting training programs designed to enhance the effectiveness of faculty to teach adult learners; "SEC.

Grants. Contracts. 20 USC 1016.

State and local governments.

�


text:
Wikisource:Proposed deletions/Archives/2011-06

=Kept=

JTF GTMO 'SERE' Interrogation Standard Operating Procedure
=Deleted=

Revoloutionary Mathematics
Superscript text==File:Mountain Parkway - Sharon Post Office.JPG==

Portal:1001 Children's Books You Must Read Before You Grow Up
=Other=


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/184

 100 STAT. 1286

PUBLIC LAW 99-498—OCT. 17, 1986

"(6) developing curriculum and instructional methods for adults seeking new employment opportunities; "(7) demonstrating and disseminating new and existing programs designed for the adult learner; and "(8) promoting resource sharing for innovative uses of technology, including telecommunications, to overcome barriers to postsecondary educational opportunities. "(c) APPLICATION FOR ASSISTANCE.—A grant or contract authorized by this part may be awarded by the Secretary on a competitive basis upon receipt of an application, which is submitted to the Secretary at such time or times and contains such information as the Secretary may prescribe. Each such application shall— "(1) contain provisions that demonstrate the existing resources and academic reputation of the institution of higher education in the field of continuing education and its ability to conduct such activities; and "(2) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this part. "AUTHORIZATION LIMITATION

20 USC 1016a.

"SEC. 122. No funds are authorized to be appropriated for the purpose of this part for fiscal year 1987 and the 4 succeeding fiscal years. "PART C — THE NATIONAL ADVISORY COUNCIL ON CONTINUING EDUCATION "NATIONAL ADVISORY COUNCIL ON CONTINUING EDUCATION

20 USC 1017.

"SEC. 131. (a) ESTABLISHMENT AND COMPOSITION.—The President

shall appoint a National Advisory Council on Continuing Education consisting of 8 representatives of Federal agencies having postsecondary continuing education and training responsibilities, including, but not limited to— "(1) one representative each from— "(A) the Department of Education, "(B) the Department of Agriculture, "(C) the Department of Defense, "(D) the Department of Labor, and "(E) the Veterans' Administration; and "(2) 12 members, not full-time employees of the Federal Government, who are knowledgeable and experienced in the field of continuing education, including State and local government officials, representatives of business, labor, and community groups, and adults whose educational needs have been inadequately served. The Advisory Council shall meet at the call of the Chairman but not less than twice a year. "(b) ADVISORY FUNCTIONS.—The Advisory Council shall advise the Secretary in the preparation of general regulations and with respect to policies and procedures arising in the administration of this Act with respect to continuing education. "(c) FUNCTIONS RELATING TO ELIMINATING DUPLICATION.—The Ad-

visory Council shall examine all federally supported continuing education and training programs and make recommendations with regard to policies to eliminate duplication and to effectuate the

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/185

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1287

coordination of programs under this Act with respect to continuing education and other federally funded continuing education and training programs and services. "(d) REPORTS.—The Advisory Council shall make annual reports to the President, the Congress, and the Secretary of its findings and recommendations, including recommendations for changes in the provisions of this Act with respect to continuing education and other Federal laws relating to continuing education and training activities. The President shall transmit each such report to the Congress President of U.S. with his comments and recommendations. The Advisory Council shall make such other reports or recommendations to the President, the Congress, the Secretary, or the head of any other Federal department or agency as may be appropriate. (e) USE OF SERVICES.—The Advisory Council may utilize the services and facilities of any agency of the Federal Government as may be necessary. The Advisory Council may accept, employ, and dispose of gifts or bequests to carry out its responsibilities under this section.". TITLE II—LIBRARIES SEC. 201. PURPOSE; AUTHORIZATION. (a) DESIGNATION OF TITLE.—The heading of title II is amended to

read as follows: "TITLE II—ACADEMIC LIBRARY AND INFORMATION TECHNOLOGY ENHANCEMENT". (b) PURPOSE.—Section 201(a) of the Act is amended by striking out paragraph (4) and inserting in lieu thereof the following: "(4) college and university libraries in acquiring technological equipment and in conducting research in information technology in accordance with part D.". (c) AUTHORIZATION OF APPROPRIATIONS.—Section 201(b) of the Act is amended to read as follows: "(b)(1) There are authorized to be appropriated to carry out part A $10,000,000 for fiscal year 1987, and such sums as may be necessary for each of the 4 succeeding fiscal years. "(2) There are authorized to be appropriated to carry out part B $5,000,000 for fiscal year 1987, and such sums as may be necessary for each of the 4 succeeding fiscal years. "(3) There are authorized to be appropriated to carry out part C $10,000,000 for fiscal year 1987, and such sums as may be necessary for each of the 4 succeeding fiscal years. "(4) There are authorized to be appropriated to carry out part D $5,000,000 for fiscal year 1987, and such sums as may be necessary for each of the 4 succeeding fiscal years.".

20 USC 1021.

Post, p. 1289. Post, p. 1289. 20 USC 1031. 20 USC 1041.

SEC. 202. COLLEGE LIBRARY RESOURCES.

Section 211 of the Act is amended to read as follows: "COLLEGE UBRARY RESOURCES

"SEC. 211. (a) From the amount appropriated for this part, the Secretary shall make grants to eligible institutions of higher education or combinations thereof (and to branches of institutions which are located in different communities from that in which its parent institution is located). The amount of a grant under this part

Grants. 20 USC 1029.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/186

 100 STAT. 1288

Reports.

PUBLIC LAW 99-498—OCT. 17, 1986

shall not be less than $2,000 nor more than $10,000 and shall reflect the number of full-time equivalent students enrolled at the recipient institution. If the funds are not sufficient to provide grants to all eligible institutions, grants shall be made to those institutions demonstrating the greatest need, based on the eligibility criteria in section 211(c). "(b) A grant under this part may be made only if the application provides— "(1) information about the institution and its library resources as prescribed by the Secretary in regulations; "(2) satisfactory assurance that the applicant has expended for all library materials (exclusive of construction) during the institutional fiscal year preceding the year of application for which the grant is sought (hereafter in this section referred to as the 'base year'), from funds other than funds received under this part, an amount not less than the average annual aggregate amount or the average amount per full-time equivalent student it expended for such purposes during the two years preceding the base year; "(3) for such fiscal control and fund accounting procedures as are necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this part; "(4) for making such reports as the Secretary may require, including a report on how such funds received under a grant were expended, and for keeping such records and for affording such access thereto as the Secretary deems necessary to assure the correctness and verification of such reports; and "(5) a statement setting forth how the funds received under this part will be used to improve the quality of the institution's library services. "(c) In order to be considered an eligible institution, an institution must provide the Secretary assurance that— "(1) the expenditures of the institution per full-time equivalent student for library materials are less than the average of the expenditures for library materials per full-time equivalent student by other institutions of comparable size and program, as determined by the Secretary in accord with definitions established by the Center for Education Statistics; and "(2) the number of volumes per full-time equivalent student is less than the average of such number of volumes held by institutions of comparable size and program, as determined by the Secretary in accord with definitions established by the Center for Education Statistics. "(d) If the Secretary determines, in accordance with regulations, that there are very unusual circumstances which prevent the applicant from making the assurance required by subsection (b)(2), the requirement for such assurance may be waived. For the purpose of this subsection, the term 'very unusual circumstances' means theft, vandalism, fire, flood, earthquake, or other occurrence which may temporarily reduce the level of expenditures for library materials, or which resulted in unusually high expenditures for library materials. "(e) If the Secretary determines, in accordance with regulations, that there are very unusual circumstances which prevent an otherwise eligible institution from qualifying under subsection (c), the requirements of subsection (c) may be waived. The Secretary may

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/187

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1289

not grant such waivers to more than 5 percent of the eligible institutions receiving grants under this part. "(f) Grants under this part may be used only for books, periodicals, documents, magnetic tapes, computer software, phonographic records, audiovisual materials, and other related library materials (including necessary binding) and for the establishment and maintenance of networks for sharing library resources with other institutions of higher education.". SEC. 203. DEFINITION OF FULL-TIME EQUIVALENT STUDENT. Part A of title II of the Act is further amended by inserting after section 212 the following new sections: "DEFINITION

"SEC. 213. For the purpose of this part, the term 'full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time at such institution (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12).". SEC. 204. REPEAL OF SPECIAL PURPOSE GRANTS. (a) REPEAL.—Section 224 of the Act is repealed.

20 USC 1030.

20 USC 1034.

(b) CONFORMING AMENDMENTS.—(1) Section 221 of the Act is

amended to read as follows: " G R A N T S AUTHORIZED

" SEC. 221. From the a m o u n t s appropriated for this part for any fiscal year, the Secretary shall m a k e g r a n t s in accordance with sections 222 and 223. Of such a m o u n t, two-thirds shall be available for the purpose of section 222 and one-third shall be available for the purpose of section 223.". (2) Section 231(b) of the Act is amended by striking o u t "or 224".

20 USC 1031. 20 USC 1032, 1033. 20 USC 1041.

SEC. 205. RESEARCH AND DEMONSTRATION. Section 223 of the Act is amended by striking out " and information technology,".

20 USC 1033.

SEC. 206. STRENGTHENING RESEARCH LIBRARY RESOURCES. Section 231 of the Act is further amended by inserting a t the e n d thereof the following n e w subsection: "(c) In determining eligibility for assistance under this part, the Secretary shall permit institutions that do not otherwise qualify to provide additional information or documents to d e m o n s t r a t e the national or international significance for scholarly research of the part i c u l a r collection described i n the g r a n t proposal.".

20 USC 1041.

SEC. 207. COLLEGE LIBRARY TECHNOLOGY AND COOPERATION. Part D of title II of the Act is amended to read a s follows: " P A R T D — C O L L E G E LIBRARY TECHNOLOGY AND COOPERATION GRANTS " ESTABLISHMENT OF PROGRAM

"SEC. 241. (a) The Secretary is authorized to make grants for technological equipment and other special purposes to—

20 USC 1047.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/188

 100 STAT. 1290

PUBLIC LAW 99-498—OCT. 17, 1986

"(1) institutions of higher education which demonstrate a need for special assistance for the planning, development, acquisition, installation, maintenance, or replacement of technological equipment (including computer hardware and software) necessary to participate in networks for sharing of library resources; "(2) combinations of higher education institutions which demonstrate a need for special assistance in establishing and strengthening joint-use library facilities, resources, or equipment; "(3) other public and private nonprofit organizations which provide library and information services to institutions of higher education on a formal, cooperative basis for the purpose of establishing, developing, or expanding programs or projects that improve their services to institutions of higher education; and "(4) institutions of higher education conducting research or demonstration projects to meet special national or regional needs in utilizing technology to enhance library or information sciences. "(b) From funds appropriated for this part, the Secretary shall make competitive awards to institutions or combinations of institutions in each of the categories described in clauses (1) through (4) of subsection (a). The minimum award shall be $15,000 and may be expended over a 3-year period. "(c) A grant under this section may be made only if the application (whether by an individual institution or a combination of institutions) is approved by the Secretary on the basis of criteria prescribed in regulations and provides satisfactory assurance that the applicant will expend during the 3-year period for which the grant is sought (from funds other than funds received under this title), for the same purpose as such grant, an amount from such other sources equal to not less than one-third of such grant. "(d) This program shall be administered in the Department by an expert in library technology.". TITLE III—INSTITUTIONAL AID SEC. 301. INSTITUTIONAL AID REAUTHORIZED.

(a) AMENDMENT.—Title III of the Act is amended to read as follows: "TITLE III—INSTITUTIONAL AID "FINDINGS AND PURPOSES

20 USC 1051.

"SEC. 301. (a) FINDINGS.—The Congress finds that— "(1) many institutions of higher education in this era of declining enrollments and scarce resources face problems which threaten their ability to survive; "(2) the problems relate to the management and fiscal operations of certain institutions of higher education, as well as to an inability to engage in long-range planning, recruitment activities, and development activities, including endowment building; "(3) the title III program prior to 1985 did not always meet the specific development needs of historically Black colleges and

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/189

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1291

universities and other institutions with large concentrations of minority, low-income students; "(4) the solution of the problems of these institutions would enable them to become viable, fiscally stable and independent, thriving institutions of higher education; "(5) providing a minimum level of assistance to all categories of eligible institutions will assure the continued participation of the institutions in the program established in title III and enhance their role in providing access and quality education to low-income and minority students; "(6) these institutions play an important role in the American system of higher education, and there is a strong national interest in assisting them in solving their problems and in stabilizing their management and fiscal operations, and in becoming financially independent; and "(7) there is a particular national interest in aiding those institutions of higher education that have historically served students who have been denied access to postsecondary education because of race or national origin and whose participation in the American system of higher education is in the Nation's interest so that equality of access and quality of postsecondary education opportunities may be enhanced for all students. "(b) PURPOSE.—It is the purpose of this title to assist such institutions in equalizing educational opportunity through a program of Federal assistance. "PART A—STRENGTHENING INSTITUTIONS "PROGRAM PURPOSE

311. (a) GENERAL AUTHORIZATION.—The Secretary shall 20 USC 1057. carry out a program, in accordance with this part, to improve the academic quality, institutional management, and fiscal stability of eligible institutions, in order to increase their self-sufficiency and strengthen their capacity to make a substantial contribution to the higher education resources of the Nation. "(b) GRANTS AWARDED; SPECIAL CONSIDERATION.—(1) From the sums available for this part under section 358(a)(1), the Secretary may award grants to any eligible institution with an application approved under section 351 in order to assist such an institution to plan, develop, or implement activities that promise to strengthen the institution. "(2) Special consideration shall be given to any eligible institution— "(A) which has endowment funds (other than any endowment fund built under section 332 of this Act as in effect on September 30, 1986, and under part B) the market value of which, per full-time equivalent student, is less than the average current market value of the endowment funds, per full-time equivalent student (other than any endowment fund built under section 332 of this Act as in effect on September 30, 1986, and under part B) at similar institutions; or "(B) which has expenditures per full-time equivalent student for library materials which is less than the average of the expenditures for library materials per full-time equivalent student by other similarly situated institutions. "SEC.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/190

 100 STAT. 1292

PUBLIC LAW 99-498—OCT. 17, 1986

"(3) Special consideration shall be given to applications which propose, pursuant to the institution's plan, to engage in— _"(A) faculty development; "(B) funds and administrative management; "(C) development and improvement of academic programs; "(D) acquisition of equipment for use in strengthening funds management and academic programs; "(E) joint use of facilities such as libraries and laboratories; and "(F) student services. "DEFINITIONS; ELIGIBILITY 20 USC 1058.

"SEC. 312. (a) EDUCATIONAL AND GENERAL EXPENDITURES.—For the

purpose of this part, the term 'educational and general expenditures' means the total amount expended by an institution of higher education for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers which the institution is required to pay by law. "(b) ELIGIBLE INSTITUTION.—For the purpose of this part, the term 'eligible institution' means— "(1) an institution of higher education— "(A) which has an enrollment of needy students as required by subsection (c) of this section; "(B) except as provided in section 352(b), the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction; "(C)(i) is legally authorized to provide, and provides within the State, an educational program for which it awards a bachelor's degree, or (ii) is a junior or community college; "(D) is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation; "(E) except as provided in section 352(b) has, during the 5 academic years preceding the academic year for which it seeks assistance under this part— "(i) met the requirement of either subparagraph (C)(i) or (C)(ii), or of both such subparagraphs (simultaneously or consecutively); and "(ii) met the requirement of subparagraph (D); and "(F) meets such other requirements as the Secretary may prescribe; "(2) any branch of any institution of higher education described under paragraph (1) which by itself satisfies the requirements contained in subparagraphs (A) and (B) of such paragraph; "(3) any institution of higher education which has an enrollment of which at least 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combina-

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/191

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1293

tion thereof, and which also satisfies the requirements of subparagraphs (A) and (B) of paragraph (1); "(4) any institution of higher education which has an enrollment of at least 60 percent American Indian, or in the case of Alaska natives, an enrollment of at least 5 percent, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); and "(5) any institution of higher education which has an enrollment of which at least 5 percent are Native Hawaiian, Asian American, American Samoan, Micronesian, Guamian (Chamorro), and Northern Marianian, or any combination thereof, and which also satisfies the requirements of subparagraphs (A) and (B) of paragraph (1). For purposes of the determination of whether an institution is an eligible institution under this paragraph, the factor described under paragraph (1)(A) shall be given twice the weight of the factor described under paragraph (1)(B). "(c) ENROLLMENT OF NEEDY STUDENTS.—For the purpose of this part, the term 'enrollment of needy students' means an enrollment at an institution of higher education or a junior or community college which includes— "(1) at least 50 percent of the degree students so enrolled who are receiving need-based assistance under title IV of this Act (other than loans for which an interest subsidy is paid pursuant to section 428), or "(2) a substantial percentage of students receiving Pell Grants in the second preceding fiscal year, in comparison with the percentage of students receiving Pell Grants at all such institutions in such fiscal year, unless the requirement of this subdivision is waived under section 352(a). "(d) FULL-TIME EQUIVALENT STUDENTS.—For the purpose of this part, the term 'full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the fulltime equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution. "(e) JUNIOR OR COMMUNITY COLLEGE.—For the purpose of this part, the term 'junior or community college' means an institution of higher education— "(1) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; "(2) that does not provide an educational program for which it awards a bachelor's degree (or an equivalent degree); and "(3) that— "(A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree, or "(B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge.

^i

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/192

 100 STAT. 1294

PUBLIC LAW 99-498—OCT. 17, 1986 "DURATION OF GRANT

20 USC 1059.

"SEC. 313. (a) GENERAL RULE.—The Secretary may award a grant

to an eligible institution under this part for— "(1) not to exceed 3 years; "(2) not to exceed 4 years; or "(3) not to exceed 5 years. "(b) PROHIBITION.—An eligible institution that is awarded a grant— "(1) under paragraph (2) of subsection (a) shall not be eligible to receive a grant under this part during the 4 years immediately following the period that it received such grant; and "(2) under paragraph (3) of subsection (a) shall not be eligible to receive a grant under this part during the 5 years immediately following the period that it received such grant. "(c) PLANNING GRANTS.—Notwithstanding subsection (a), the Secretary may award a grant to an eligible institution under this part for a period of one year for the purpose of preparation of plans and applications for a grant under this part. "PART B—STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES "FINDINGS AND PURPOSES

20 USC 1060.

7 USC 301 note.

"SEC. 321. The Congress finds that— "(1) the historically Black colleges and universities have contributed significantly to the effort to attain equal opportunity through postsecondary education for Black, low-income, and educationally disadvantaged Americans; "(2) States and the Federal Government have discriminated in the allocation of land and financial resources to support Black public institutions under the Morrill Act of 1862 and its progeny, and against public and private Black colleges and universities in the award of Federal grants and contracts, and the distribution of Federal resources under this Act and other Federal programs which benefit institutions of higher education; "(3) the current state of Black colleges and universities is partly attributable to the discriminatory action of the States and the Federal Government and this discriminatory action requires the remedy of enhancement of Black postsecondary institutions to ensure their continuation and participation in fulfilling the Federal mission of equality of educational opportunity; and "(4) financial assistance to establish or strengthen the physical plants, financial management, academic resources, and endowments of the historically Black colleges and universities are appropriate methods to enhance these institutions and facilitate a decrease in reliance on governmental financial support and to encourage reliance on endowments and private sources. "DEFINITIONS

20 USC 1061.

"SEC. 322. For the purpose of this part: "(1) The term 'graduate' means an individual who has attended an institution for at least three semesters and fulfilled

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/193

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1295

academic requirements for undergraduate studies in not more than 5 consecutive school years. "(2) The term 'part B institution' means any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation. "(3) The term 'Pell Grant recipient' means a recipient of financial aid under subpart 1 of part A of title IV of this Act. "(4) The term 'professional and academic areas in which Blacks are underrepresented' shall be determined by the Secretary and the Commissioner of the Bureau of Labor Statistics, on the basis of the most recent available satisfactory data, as professional and academic areas in which the percentage of Black Americans who have been educated, trained, and employed is less than the percentage of Blacks in the general population. "(5) The term 'school year' means the period of 12 months beginning July 1 of any calendar year and ending June 30 of the following calendar year. "GRANTS TO INSTITUTIONS "SEC.

323. (a) GENERAL AUTHORIZATION; USES OF FUNDS.—From

amounts available under section 358(a)(2) in any fiscal year the Secretary shall make grants (under section 324) to institutions which have applications approved by the Secretary (under section 325) for any of the following uses: "(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. "(3) Support of faculty exchanges 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. "(6) Tutoring, counseling, and student service programs designed to improve academic success. "(b) LIMITATIONS.—(1) No grant may be made under this Act 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.

20 USC 1062.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/194

 100 STAT. 1296

PUBLIC LAW 99-498—OCT. 17, 1986 "ALLOTMENTS TO INSTITUTIONS

20 USC 1063.

"SEC. 324. (a) ALLOTMENT; PELL GRANT BASIS.—From the amounts

appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-half that amount as the number of Pell Grant recipients in attendance at such institution at the end of the school year preceding the beginning of that fiscal year bears to the total number of Pell Grant recipients at all part B institutions. "(b) ALLOTMENT; GRADUATES BASIS.—From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth that amount as the number of graduates for such school year at such institution bears to the total number of graduates for such school year at all part B institutions. "(c) ALLOTMENT; GRADUATE AND PROFESSIONAL STUDENT BASIS.—

From the amounts appropriated to carry out this part for any fiscal year, the Secretary shall allot to each part B institution a sum which bears the same ratio to one-fourth that amount as the number of graduates, who are admitted to and in attendance at a graduate or professional school in a degree program in disciplines in which Blacks are underrepresented, bears to the number of such graduates for all part B institutions. "(d) REALLOTMENT.—The amount of any part B institution's allotment under subsection (a), (b), or (c) for any fiscal year which the Secretary determines will not be required for such institution for the period such allotment is available shall be available for reallotment from time to time on such date during such period as the Secretary may determine to other part B institutions in proportion to the original allotment to such other institutions under this section for such fiscal year. "(e) SPECIAL MERGER RULE.—(1) The Secretary shall permit any eligible institution for a grant under part B in any fiscal year prior to the fiscal year 1986 to apply for a grant under this part if the eligible institution has merged with another institution of higher education which is not so eligible or has merged with an eligible institution. "(2) The Secretary may establish such regulations as may be necessary to carry out the requirement of paragraph (1) of this subsection. "(f) SPECIAL RULE FOR CERTAIN DISTRICT OF COLUMBIA ELIGIBLE

INSTITUTIONS.—In any fiscal year that the Secretary determines that Howard University or the University of the District of Columbia will receive an allotment under subsections (b) and (c) of this section which is not in excess of amounts received by Howard University under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123), relating to annual authorization of appropriations for Howard University, or by the University of the District of Columbia under the District of Columbia Self-Government and Governmental Reorganization Act (87 Stat. 774) for such fiscal year, then Howard University and the University of the District of Columbia, as the case may be, shall be ineligible to receive an allotment under this section. "APPLICATIONS

20 USC 1063a.

"SEC. 325. (a) CONTENTS.—No part B institution shall be entitled to its allotment of Federal funds for any grant under section 324 for

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/195

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1297

any period unless that institution meets the requirements of subparagraphs (C), (D), and (E) of section 312(b)(1) and submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall— "(1) provide that the payments under this Act will be used for the purposes set forth in section 322; and "(2) provide for making an annual report to the Secretary and provide for— "(A) conducting, except as provided in subparagraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this title at least once every 2 years and covering the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Secretary; or "(B) with regard to an eligible institution which is audited under chapter 75 of title 31, United States Code, 31 USC 7501. deeming such audit to satisfy the requirements of subparagraph (A) for the period covered by such audit. "(b) APPROVAL.—The Secretary shall approve any application which meets the requirements of subsection (a) and shall not disapprove any application submitted under this part, or any modification thereof, without first affording such institution reasonable notice and opportunity for a hearing. "PROFESSIONAL OR GRADUATE INSTITUTIONS

326. (a) GENERAL AUTHORIZATION.—(1) Subject to the avail- Grants, ability of funds appropriated to carry out this section, the Secretary 20 USC 1063b. shall award program grants to each of the postgraduate institutions listed in subsection (e) that is determined by the Secretary to be making a substantial contribution to the legal, medical, dental, veterinary, or other graduate education opportunities for Black Americans. "(2) No grant in excess of $500,000 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. "(b) DURATION.—Grants shall be made for a period not to exceed 5 years. 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. "(c) USES OF FUNDS.—A grant under this section may be used for— "(1) any of the purposes enumerated under section 323; "(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 333 of this title. "(d) APPLICATION.—Any institution eligible for a grant under this section shall submit an application which— "SEC.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/196

 100 STAT. 1298

PUBLIC LAW 99-498—OCT. 17, 1986 "(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 $500,000, the assurances required by subsection (a)(2) and specifies the manner in which the eligible institution is going to pay the non-Federal share of the cost of the application. "(e)

ELIGIBLE

PROFESSIONAL

OR

GRADUATE

INSTITUTIONS.—

Independent professional or graduate institutions eligible for grants under subsection (a) 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. REPORTING AND AUDIT REQUIREMENTS Grants. 20 USC 1063c.

"SEC. 327. (a) RECORDKEEPING.—Each recipient of a grant under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose— "(1) the amount and disposition by such recipient of the proceeds of such assistance; "(2) the cost of the project or undertaking in connection with which such assistance is given or used; "(3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and "(4) such other records as will facilitate an effective audit. "(b) REPAYMENT OF UNEXPENDED FUNDS.—Any funds paid to an institution and not expended or used for the purposes for which the funds were paid within 10 years following the date of the initial grant awarded to an institution under part B of this title shall be repaid to the Treasury of the United States. "PART C—CHALLENGE GRANTS FOR INSTITUTIONS ELIGIBLE FOR ASSISTANCE UNDER PART A OR PART B ESTABLISHMENT OF CHALLENGE GRANT PROGRAM

20 USC 1064.

Disadvantaged persons. Minorities.

331. (a) GENERAL AUTHORIZATION; ELIGIBILITY.—(1) From the sums available under section 360(a)(3) for each fiscal year, the Secretary may award a challenge grant to each institution— "(A) which is an eligible institution under part A or would be considered to be such an institution if section 312(b)(l)(C) referred to a postgraduate degree rather than a bachelor's degree; "(B) which is an institution under part B or would be considered to be such an institution if section 324 referred to a postgraduate degree rather than a baccalaureate degree; or "(C) which is an institution that makes a substantial contribution to postgraduate medical educational opportunities for minorities and the economically disadvantaged. "(2) The Secretary may waive the requirements set forth in subparagraphs (A) and (B) of paragraph (1) with respect to a postgraduate degree in the case of any institution otherwise eligible under such paragraph for a challenge grant upon determining that the institution makes a substantial contribution to medical edu"SEC.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/197

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1299

cation opportunities for minorities and the economically disadvantaged. "(b) USES OF FUNDS.—A grant under this section may be used by an institution eligible for a grant under this section to assist the institution to achieve financial independence. "(c) DURATION OF GRANT.—The Secretary may make a grant under this section for a period of not more than 5 years, subject to annual appropriations. "(d) CONTENTS OF APPLICATIONS.—Any institution eligible for a state and local challenge grant under this section may apply for such a grant under governments, section 351, except that the application for the purpose of this part shall— "(1) provide assurances that funds will be available to the applicant within one year to match funds that the Secretary is requested to make available to the institution as a challenge grant; "(2) in the case of an application by a public institution, contain the recommendations of an appropriate State agency responsible for higher education in the State, or provide evidence that the institution requested the State agency to comment but the State agency failed to comment; and "(3) demonstrate how challenge grant funds will be used to achieve financial independence. "(e) NOTICE OF APPROVAL.—Not later than April 1 of the fiscal year preceding the fiscal year in which any grant is to be made under this section, the Secretary shall determine which institutions will receive challenge grants under such section and notify the institutions of the amount of the grant. "(f) PREFERENCE.—In approving applications for such grants, preference shall be given to institutions which are receiving, or have received, grants under part A or part B of this title. "ENDOWMENT CHALLENGE GRANTS

332. (a) PURPOSE; DEFINITIONS.—(1) The purpose of this 20 USC 1065. section is to establish a program to provide matching grants to eligible institutions of higher education in order to establish or increase endowment funds at such institutions, to provide additional incentives to promote fund raising activities by such institutions, and to foster increased independence and self-sufficiency at such institutions. "(2) For the purpose of this section: "(A) The term 'endowment fund' means a fund established by State law, by an institution of higher education, or by a foundation which is exempt from taxation and is maintained for the purpose of generating income for the support of the institution, but which shall not include real estate. "(B) The term 'endowment fund corpus' means an amount equal to the grant or grants awarded under this section plus an amount equal to such grant or grants provided by the institution. "(C) The term 'endowment fund income' means an amount equal to the total value of the endowment fund established under this section minus the endowment fund corpus. "(b) GRANTS AUTHORIZED.—(1) From sums available for this section under section 360, the Secretary is authorized to award challenge grants to eligible institutions of higher education to establish "SEC.

71-19A 0 - 89 - 7: QL. 3 Part 2

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/198

 100 STAT. 1300

'V

PUBLIC LAW 99-498—OCT. 17, 1986

or increase an endowment fund at such institution. Such grants shall be made only to eligible institutions described in paragraph (4) whose applications have been approved pursuant to subsection (g). "(2)(A) Except as provided in subparagraph (B), no institution shall receive a grant under this section, unless such institution has deposited in its endowment fund established under this section an amount equal to the amount of such grant. The source of funds for this institutional match shall not include Federal funds or funds from an existing endowment fund. "(B) In any fiscal year in which the appropriations for this part exceeds $10,000,000, the Secretary may make a grant under this part to an eligible institution of higher education if such institution— "(i) has deposited in its endowment fund established under this section an amount which is equal to one-half of the amount of such grant; and "(ii) applies for a grant in an amount exceeding $1,000,000. "(C) An eligible institution of higher education that is awarded a grant under this section shall not be eligible to reapply for a grant under this section during the 10 years immediately following the period that it received such grant. "(3) The period of a grant under this section shall be not more than 20 years. During the grant period, an institution may not withdraw or expend any of the endowment fund corpus. After the termination of the grant period, an institution may use the endowment fund corpus plus any endowment fund income for any educational purpose. "(4)(A) An institution of higher education is eligible to receive a grant under this section if it is an eligible institution as described in section 331(a)(1). "(B) No institution shall be ineligible for a challenge grant under this section for a fiscal year by reason of the previous receipt of such a grant but no institution shall be eligible to receive such a grant for more than 2 fiscal years out of any period of 5 consecutive fiscal years. "(5) Except as provided in paragraph (2)(B), a challenge grant under this section to an eligible institution year shall— "(A) not be less than $50,000 for any fiscal year; and "(B) not be more than (i) $250,000 for fiscal year 1987; or (ii) $500,000 for fiscal year 1988 or any succeeding fiscal year. "(6)(A) An eligible institution may designate a foundation, which was established for the purpose of raising money for the institution, as the recipient of the grant awarded under this section. "(B) The Secretary shall not award a grant to a foundation on behalf of an institution unless— "(i) the institution assures the Secretary that the foundation is legally authorized to receive the endowment fund corpus and is legally authorized to administer the fund in accordance with this section and any implementing regulation; "(ii) the foundation agrees to administer the fund in accordance with the requirements of this section and any implementing regulation; and "(iii) the institution agrees to be liable for any violation by the foundation of the provisions of this section and any implementing regulation, including any monetary liability that may arise as a result of such violation.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/199

 PUBLIC LAW 99-498—OCT. 17, 1986 "(c) GRANT AGREEMENT; ENDOWMENT FUND PROVISIONS.—(1)

100 STAT. 1301 An

institution awarded a grant under this section shall enter into an agreement with the Secretary containing satisfactory assurances that it will (A) immediately comply with the matching requirements of subsection (b)(2), (B) establish an endowment fund independent of any other such fund of the institution, (C) invest the endowment fund corpus, and (D) meet the other requirements of this section. "(2)(A) An institution shall invest the endowment fund corpus and endowment fund income in low-risk securities in which a regulated insurance company may invest under the law of the State in which the institution is located such as a federally insured bank savings account or comparable interest-bearing account, certificate of deposit, money market fund, mutual fund, or obligations of the United States. "(B) The institution, in investing the endowment fund established under this section, shall exercise the judgment and care, under the circumstances then prevailing, which a person of prudence, discretion, and intelligence would exercise in the management of such person's own affairs. "(3)(A) An institution may withdraw and expend the endowment fund income to defray any expenses necessary to the operation of such college, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, and technical assistance. "(B)(i) Except as provided in clause (ii), an institution may not spend more than 50 percent of the total aggregate endowment fund income earned prior to the time of expenditure. "(ii) The Secretary may permit an institution to spend more than 50 percent of the endowment fund income notwithstanding clause (i) if the institution demonstrates such an expenditure is necessary because of (I) a financial emergency, such as a pending insolvency or temporary liquidity problem; (II) a life-threatening situation occasioned by a natural disaster or arson; or (III) any other unusual occurrence or exigent circumstance. "(d) REPAYMENT PROVISIONS.—(1) If at any time an institution withdraws part of the endowment fund corpus, the institution shall repay to the Secretary an amount equal to 50 percent of the withdrawn amount, which represents the Federal share, plus income earned thereon. The Secretary may use such repaid funds to make additional challenge grants, or to increase existing endowment grants, to other eligible institutions. "(2) If an institution expends more of the endowment fund income than is permitted under subsection (c), the institution shall repay the Secretary an amount equal to 50 percent of the amount improperly expended (representing the Federal share thereof). The Secretary may use such repaid fund to make additional challenge grants, or to increase existing challenge grants, to other eligible institutions. "(e) AUDIT INFORMATION.—An institution receiving a grant under this section shall provide to the Secretary (or a designee thereof) such information (or access thereto) as may be necessary to audit or examine expenditures made from the endowment fund corpus or income in order to determine compliance with this section. "(f) SELECTION CRITERIA.—In selecting eligible institutions for grants under this section for any fiscal year, the Secretary shall—

Securities. Insurance. Banks and banking.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/200

 100 STAT. 1302

PUBLIC LAW 99-498—OCT. 17, 1986

"(1) give priority to an applicant which is a recipient of a grant made under part A or B of this title during the academic year in which the applicant is applying for a grant under this section; "(2) give priority to an applicant with a greater need for such a grant, based on the current market value of the applicant's existing endowment in relation to the number of full-time equivalent students enrolled at such institution; and "(3) consider— "(A) the effort made by the applicant to build or maintain its existing endowment fund; and "(B) the degree to which an applicant proposes to match the grant with nongovernmental funds. "(g) APPLICATION.—Any institution which is eligible for assistance under this section may submit to the Secretary a grant application at such time, in such form, and containing such information as the Secretary may prescribe. Subject to the availability of appropriations to carry out this section and consistent with the requirement of subsection (f), the Secretary may approve an application for a grant if an institution, in its application, provides adequate assurances that it will comply with the requirements of this section. "(h) TERMINATION AND RECOVERY PROVISIONS.—(1) After notice and an opportunity for a hearing, the Secretary may terminate and recover a grant awarded under this section if the grantee institution— "(A) expends portions of the endowment fund corpus or expends more than the permissible amount of the endowment funds income as prescribed in subsection (c)(3); "(B) fails to invest the endowment fund in accordance with the investment standards set forth in subsection (c)(2); or "(C) fails to properly account to the Secretary concerning the investment and expenditures of the endowment funds. "(2) If the Secretary terminates a grant under paragraph (1), the grantee shall return to the Secretary an amount equal to the sum of each original grant under this section plus income earned thereon. The Secretary may use such repaid funds to make additional endowment grants, or to increase existing challenge grants, to other eligible institutions under this part. "PART D—GENERAL PROVISIONS "APPLICATIONS FOR ASSISTANCE

20 USC 1066.

Grants.

351. (a) APPLICATION REQUIRED; APPROVAL.—Any institution which is eligible for assistance under this title shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate its need for assistance. Subject to the availability of appropriations to carry out this title, the Secretary may approve an application for a grant under this title if the application meets the requirements of subsection (b) and shows that the applicant is eligible for assistance in accordance with the part of this title under which the assistance is sought. "(b) CONTENTS.—An institution, in its application for a grant, shall— "(1) set forth, or describe how the institution (other than an - institution applying under part C) will develop, a comprehen"SEC.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/201

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1303

sive development plan to strengthen the institution's academic quality and institutional management, and otherwise provide for institutional self-sufficiency and growth (including measurable objectives for the institution and the Secretary to use in monitoring the effectiveness of activities under this title); "(2) set forth policies and procedures to ensure that Federal funds made available under this title for any fiscal year will be used to supplement and, to the extent practical, increase the ^ funds that would otherwise be made available for the purposes of section 311(b) or 323, and in no case supplant those funds; "(3) set forth policies and procedures for evaluating the effectiveness in accomplishing the purpose of the activities for which a grant is sought under this title; "(4) provide for such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of and accounting for funds made available to the applicant under this title; "(5) provide (A) for making such reports, in such form and Reports. containing such information, as the Secretary may require to carry out the functions under this title, including not less than one report annually setting forth the institution's progress toward achieving the objectives for which the funds were awarded, and (B) for keeping such records and affording such access thereto, as the Secretary may find necessary to assure the correctness and verification of such reports; "(6) provide that the institution will comply with the limitations set forth in section 356; "(7) describe in a comprehensive manner any proposed project for which funds are sought under the application and include— "(A) a description of the various components of the proposed project, including the estimated time required to complete each such component; "(B) in the case of any development project which consists of several components (as described by the applicant pursuant to subparagraph (A)), a statement identifying those components which, if separately funded, would be sound investments of Federal funds and those components which would be sound investments of Federal funds only if funded under this title in conjunction with other parts of the development project (as specified by the applicant); "(C) an evaluation by the applicant of the priority given any proposed project for which funds are sought in relation to any other projects for which funds are sought by the applicant under this title, and a similar evaluation regarding priorities among the components of any single proposed project (as described by the applicant pursuant to subparagraph (A)); "(D) information explaining the manner in which the proposed project will assist the applicant to prepare for the .critical financial problems that all institutions of higher education will face during the subsequent decade as a result of declining enrollment, and other problems; "(E) a detailed budget showing the manner in which funds for any proposed project would be spent by the applicant; and

�


text:
Page:Amazing Stories Volume 01 Number 01.djvu/45

Rh brandy, and other stores sufficient for about two months; secondly, the valuable cargo of the Hansa, which, sooner or later, the owner, whether he would or not, must be compelled to surrender for the common benefit; and lastly, the produce of the island, animal and vegetable, which with proper economy might be made to last for a considerable period.

In the course of the conversation, Count Timascheff took an opportunity of saying that, as Captain Servadac had already been presented to the Spaniards as governor of the island, he thought it advisable that he should really assume that position.

"Every body of men," he observed, "must have a head, and you, as a Frenchman, should, I think, take the command of this fragment of a French colony. My men, I can answer for it, are quite prepared to recognize you as their superior officer."

"Most unhesitatingly," replied Servadac, "I accept the post with all its responsibilities. We understand each other so well that I fell sure we shall try and work together for the common good; and even if it be our fate never again to behold our fellow creatures, I have no misgivings but that we shall be able to cope with whatever difficulties may be before us."

As he spoke, he held out his hand. The count took it, at the same time making a slight bow. It was the first time since their meeting that the two men had shaken hands; on the other hand, not a single word about their former rivalry had ever escaped their lips; perhaps that was all forgotten The silence of a few moments was broken by Servadac saying, "Do you not think we ought to explain our situation to the Spaniards?"

"No, no, your Excellency," burst in Ben Zoof, emphatically; "the fellows are chicken-hearted enough already; only tell them what has happened, and in sheer despondency they will not do another stroke of work."

"Besides," said Lieutenant Procope, who took very much the same view as the orderly, "they are so miserably ignorant they would be sure to misunderstand you."

"Understand or misunderstand," replied Servadac, "I do not think it matters. They would not care. They are all fatalists. Only give them a guitar and their castanets, and they will soon forget all care and anxiety. For my own part, I must adhere to my belief that it will be advisable to tell them everything. Have you any opinion to offer, count?"

"My own opinion, captain, coincides entirely with yours. I have followed the plan of explaining all I could to my men on board the Dobryna, and no inconvenience has arisen."

"Well, then, so let it be," said the captain; adding, "It is not likely that these Spaniards are so ignorant as not to have noticed the change in length of the days; neither can they be unaware of the physical changes that have transpired. They shall certainly be told that we are being carried away into unknown regions of space, and that this island is nearly all that remains of the Old World."

"Ha! ha!" laughed Ben Zoof, aloud; "it will be fine sport to watch the old Jew's face, when he is made to comprehend that he is flying away millions and millions of leagues from all his debtors."

Isaac Hakkabut was about fifty yards behind, and was consequently unable to overhear the conversation. He went shambling along, half whimpering and not infrequently invoking the God of Israel; but every now and then a cunning light gleamed from his eyes, and his lips became compressed with a grim significance.

None of the recent phenomena had escaped his notice, and more than once he had attempted to entice Ben Zoof into conversation upon the subject; but the orderly made no secret of his antipathy to him, and generally replied to his advances either by satire or by banter. He told him that he had everything to gain under the new system of nights and days, for, instead of living the Jew's ordinary life of a century, he would reach to the age of two centuries; and he congratulated him upon the circumstance of things having become so light, because it would prevent him feeling the burden of his years. At another time he would declare that, to an old usurer like him, it could not matter in the least what had become of the moon, as he could not possibly have advanced any money upon her. And when Isaac, undaunted by his jeers, persevered in besetting him with questions, he tried to silence him by saying, "Only wait till the governor general comes; he is a shrewd fellow, and will tell you all about it."

"But will he protect my property?" poor Isaac would ask tremulously.

"To be sure he will! He would confiscate it all rather than that you should be robbed of it."

With this Job's comfort the Jew had been obliged to content himself as best he could, and to await the promised arrival of the governor.

When Servadac and his companions reached the shore, they found that the Hansa had anchored in an exposed bay, protected but barely by a few projecting rocks, and in such a position that a gale rising from the west would inevitably drive her on to the land, where she must be dashed in pieces. It would be the height of folly to leave her in her present moorings; without loss of time she must be brought round to the mouth of the Shelif, in immediate proximity to the Russian yacht.

The consciousness that his tartan was the subject of discussion made the Jew give way to such vehement ejaculations of anxiety, that Servadac turned round and peremptorily ordered him to desist from his clamor. Leaving the old man under the surveillance of the count and Ben Zoof, the captain and the lieutenant stepped into a small boat and were soon alongside the floating emporium.

A very short inspection sufficed to make them aware that both the tartan and her cargo were in a perfect state of preservation. In the hold were sugar-loaves by hundreds, chests of tea, bags of coffee, hogsheads of tobacco, pipes of wine, casks of brandy, barrels of dried herrings, bales of cotton, clothing of every kind, shoes of all sizes, caps of various shape, tools, household utensils, china and earthenware, reams of paper, bottles of ink, boxes of lucifer matches, blocks of salt, bags of pepper and spices, a stock of huge Dutch cheeses, and a collection of almanacs and miscellaneous literature. At a rough guess the value could not be much under £5,000 sterling. A new cargo had been taken in only a few days before the catastrophe, and it had been Isaac Hakkabut's intention to cruise from Ceuts to Tripoli, calling wherever he had reason to


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/202

 100 STAT. 1304

PUBLIC LAW 99-498—OCT. 17, 1986 "(F) a detailed description of any activity which involves the expenditure of more than $25,000, as identified in the budget referred to in subparagraph (E); and "(8) include such other information as the Secretary may prescribe. "(c) PRIORITY CRITERIA PUBLICATION REQUIRED.—The Secretary

shall publish in the Federal Register, pursuant to chapter 5 of title 5 USC 500 et seq. 5, United States Code, all policies and procedures required to exercise the authority set forth in subsection (a). No other criteria, policies, or procedures shall apply. "(d) ELIGIBILITY DATA.—The Secretary shall use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under title IV of this Act in making eligibility determinations under section 312 and shall advance the base-year forward following each annual grant cycle. WAIVER AUTHORITY AND REPORTING REQUIREMENT 20 USC 1067. State and local governments. Disadvantaged persons. Minorities. Rural areas. Indians.

"SEC.

352. (a) WAIVER REQUIREMENTS; NEED-BASED ASSISTANCE

STUDENTS.—The Secretary shall waive the requirements set forth in section 312(b)(1)(A) in the case of an institution— "(1) which is extensively subsidized by the State in which it is located and charges low or no tuition; "(2) which serves a substantial number of low- and middleincome students as a percentage of its total student population; "(3) which is contributing substantially to increasing higher education opportunities for educationally disadvantaged, underrepresented, or minority students, who are low-income individuals; "(4) which is substantially increasing higher educational opportunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions; "(5) located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians; or "(6) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Black Americans, Hispanic Americans, Native Americans, Asian Americans, or Pacific Islanders, including Native Hawaiians. "(b) WAIVER DETERMINATIONS; EXPENDITURES.—(1) The Secretary

Reports.

may waive the requirements set forth in section 312(b)(1)(B) if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution's failure to meet that criterion is due to factors which, when used in the determination of compliance with such criterion, distort such determination, and that the institution's designation as an eligible institution under part A is otherwise consistent with the purposes of such parts. "(2) The Secretary shall submit to the Congress every other year a report concerning the institutions which, although not satisfying the criterion contained in section 312(b)(1)(B), have been determined to be eligible institutions under part A institutions which enroll significant numbers of Black American, Hispanic, Native American, Asian American, or Native Hawaiian students under part A, as the case may be. Such report shall— »„.>....

�