(a) Eligible institutionAn institution of higher education is eligible to receive funds from the amounts made available under this section if such institution is—
(4)
an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 1059d(b) of this title);
(6)
an Asian American and Native American Pacific Islander-serving institution (as defined in subsection (c)); or
(b) New investment of funds
(1) In general
(A) Provision of funds
There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $255,000,000 for fiscal year 2020 and each fiscal year thereafter.
(2) Allocation and allotment
(B) HSI STEM and articulation programsThe amount made available for allocation under this subparagraph by subparagraph (A)(i) for any fiscal year shall be available for Hispanic-serving Institutions [1] for activities described in section 1101b of this title, with a priority given to applications that propose—
(C) Allocation and allotment HBCUS and PBISFrom the amount made available for allocation under this subparagraph by subparagraph (A)(ii) for any fiscal year—
(i) 85 percent shall be available to eligible institutions described in subsection (a)(1) and shall be made available as grants under section 1062 of this title and allotted among such institutions under section 1063 of this title, treating such amount, plus the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out part B of this subchapter, as the amount appropriated to carry out part B of this subchapter for purposes of allotments under section 1063 of this title, for use by such institutions with a priority for—
(I)
activities described in paragraphs (1), (2), (4), (5), and (10) of section 1062(a) of this title; and
(II)
other activities, consistent with the institution’s comprehensive plan and designed to increase the institution’s capacity to prepare students for careers in the physical or natural sciences, mathematics, computer science or information technology or sciences, engineering, language instruction in the less-commonly taught languages or international affairs, or nursing or allied health professions; and
(D) Allocation and allotment to other minority-serving institutionsFrom the amount made available for allocation under this subparagraph by subparagraph (A)(iii) for any fiscal year—
(i)
$30,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(3) and shall be made available as grants under section 1059c of this title, treating such $30,000,000 as part of the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out such section, and using such $30,000,000 for purposes described in subsection (c) of such section;
(ii)
$15,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(4) and shall be made available as grants under section 1059d of this title, treating such $15,000,000 as part of the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out such section and using such $15,000,000 for purposes described in subsection (c) of such section;
(iii)
$5,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(6) for activities described in section 1057(c) of this title; and
(iv) $5,000,000 for such fiscal year shall be available to eligible institutions described in subsection (a)(7)—
(I) to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans, which may include—
(aa)
the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
(bb)
renovation and improvement in classroom, library, laboratory, and other instructional facilities;
(cc)
support of faculty exchanges, faculty development, and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;
(II)
to which the Secretary, to the extent possible and consistent with a competitive process under which such grants are awarded, allocates funds under this clause to ensure maximum and equitable distribution among all such eligible institutions.
(c) Definitions
(1) Asian American
The term “Asian American” has the meaning given the term “Asian” in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).
(2) Asian American and Native American Pacific Islander-serving institutionThe term “Asian American and Native American Pacific Islander-serving institution” means an institution of higher education that—
(B)
at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Native American Pacific Islander students.
(3) Enrollment of needy studentsThe term “enrollment of needy students” means the enrollment at an institution of higher education with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree—
(A)
in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;
(B)
come from families that receive benefits under a means-tested Federal benefit program (as defined in paragraph (5));
(C) attended a public or nonprofit private secondary school—
(i)
that is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.] for any year during which the student attended such secondary school; and
(ii)
which for the purpose of this paragraph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under a measure of poverty described in section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or
(D)
are first-generation college students (as that term is defined in section 1070a–11(h) of this title), and a majority of such first-generation college students are low-income individuals.
(4) Low-income individual
The term “low-income individual” has the meaning given such term in section 1070a–11(h) of this title.
(5) Means-tested Federal benefit program
The term “means-tested Federal benefit program” means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the programs’ benefits or the amount of such benefits are determined on the basis of income or resources of the individual or family seeking the benefit.
(6) Native American
The term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States.
(7) Native American Pacific Islander
The term “Native American Pacific Islander” means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
(8) Native American-serving nontribal institutionThe term “Native American-serving nontribal institution” means an institution of higher education that—
(A) at the time of application—
(i)
has an enrollment of undergraduate students that is not less than 10 percent Native American students; and
(9) Predominantly Black institutionThe term “Predominantly Black institution” means an institution of higher education that—
(B)
has an average educational and general expenditure which is low, per full-time equivalent undergraduate student in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions of higher education that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 1068a(b) of this title to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 1058(b)(1)(B) of this title;
(C) has an enrollment of undergraduate students—
(iii)
of which not less than 50 percent of the undergraduate students enrolled at the institution are low-income individuals or first-generation college students (as that term is defined in section 1070a–11(h) of this title); and
(D)
is legally authorized to provide, and provides within the State, an educational program for which the institution of higher education awards a bachelor’s degree, or in the case of a junior or community college, an associate’s degree;
(E)
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; and
(F) is not receiving assistance under—
(iii)
an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).
(Pub. L. 89–329, title III, § 371, formerly title IV, § 499A, as added Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817; renumbered title III, § 371, and amended Pub. L. 110–315, title III, § 316(a)(3), (b), (c), Aug. 14, 2008, 122 Stat. 3185; Pub. L. 111–39, title III, § 301(7), July 1, 2009, 123 Stat. 1937; Pub. L. 111–152, title II, § 2103, Mar. 30, 2010, 124 Stat. 1074; Pub. L. 116–91, § 2, Dec. 19, 2019, 133 Stat. 1189.)