§ 314.

2,068 words·~9 min read·/usc/title-20/section-314

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In General .— From funds reserved under section 311(b)(3) of this title the Secretary shall allocate amounts to institutions of higher education with an approved application as follows: 89 percent to each institution of higher education as defined in section 101 or section 102(c) of the HEA [ 20 U.S.C. 1001 , 1002(c)] to prevent, prepare for, and respond to coronavirus, by apportioning it— 37.5 percent according to the relative share of full-time equivalent enrollment of students who were Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency; 37.5 percent according to the relative share of the total number of students who were Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency; 11.5 percent according to the relative share of full-time equivalent enrollment of students who were not Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency; 11.5 percent according to the relative share of the total number of students who were not Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency; 1 percent according to the relative share of full-time equivalent enrollment of students who were Federal Pell grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency; and 1 percent according to the relative share of the total number of students who were Federal Pell grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency. 7.5 percent for additional awards under parts A and B of title III [ 20 U.S.C. 1057 et seq., 1060 et seq.], parts A and B of title V [ 20 U.S.C. 1101 et seq., 1102 et seq.], and subpart 4 of part A of title VII [ 20 U.S.C. 1136a et seq.] of the HEA to address needs directly related to coronavirus, that shall be in addition to awards made in subsection (a)(1), and allocated by the Secretary proportionally to such programs based on the relative share of funding appropriated to such programs in the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 [see Tables for classification]) and distributed to eligible institutions of higher education, except as otherwise provided in subparagraphs

(A)through (C), on the basis of the formula described in subparagraphs

(A)through

(F)of subsection (a)(1): Except as otherwise provided in subparagraph (2)(B), for eligible institutions under part B of title III and subpart 4 of part A of title VII of the HEA, the Secretary shall allot to each eligible institution an amount using the following formula: 70 percent according to a ratio equivalent to the number of Pell Grant recipients in attendance at such institution at the end of the school year preceding the beginning of the most recent fiscal year and the total number of Pell Grant recipients at all such institutions; 20 percent according to a ratio equivalent to the total number of students enrolled at such institution at the end of the school year preceding the beginning of that fiscal year and the number of students enrolled at all such institutions; and 10 percent according to a ratio equivalent to the total endowment size at all eligible institutions at the end of the school year preceding the beginning of that fiscal year and the total endowment size at such institution; For eligible institutions under section 326 of the HEA [ 20 U.S.C. 1063b ], the Secretary shall allot to each eligible institution an amount in proportion to the award received from funding for such institutions in the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ); and For eligible institutions under section 316 of the HEA [ 20 U.S.C. 1059c ], the Secretary shall allot funding according to the formula in section 316(d)(3) of the HEA. 0.5 percent for part B of title VII of the HEA [ 20 U.S.C. 1138 et seq.] for institutions of higher education that the Secretary determines have, after allocating other funds available under this section, the greatest unmet needs related to coronavirus, including institutions of higher education with large populations of graduate students and institutions of higher education that did not otherwise receive an allocation under this section. In awarding funds under this paragraph, the Secretary shall publish an application for such funds no later than 60 calendar days of enactment of this Act [ Dec. 27, 2020 ], and shall provide a briefing to the Committees on Appropriations of the House of Representatives and the Senate no later than 7 days prior to publishing such application. 3 percent to institutions of higher education as defined in section 102(b) of the HEA [ 20 U.S.C. 1002(b) ] allocated on the basis of the formula described in subparagraphs

(A)through

(F)of subsection (a)(1). Distribution .— The funds made available to each institution under subsection (a)(1) shall be distributed by the Secretary using the same systems as the Secretary otherwise distributes funding to institutions under title IV of the HEA [ 20 U.S.C. 1070 et seq.]. The Secretary shall allocate amounts to institutions of higher education under this section, to the extent practicable, as follows: under subsections (a)(1) and (a)(4) within 30 calendar days of the date of enactment of this Act; under subsection (a)(2) within 60 calendar days of the date of enactment of this Act; and under subsection (a)(3) within 120 calendar days of enactment of this Act. Uses of Funds .— An institution of higher education receiving funds under this section may use the funds received to— defray expenses associated with coronavirus (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance education, faculty and staff trainings, and payroll); carry out student support activities authorized by the HEA that address needs related to coronavirus; or provide financial aid grants to students (including students exclusively enrolled in distance education), which may be used for any component of the student’s cost of attendance or for emergency costs that arise due to coronavirus, such as tuition, food, housing, health care (including mental health care), or child care. In making financial aid grants to students, an institution of higher education shall prioritize grants to students with exceptional need, such as students who receive Pell Grants. Special Provisions.— A Historically Black College and University or a Minority Serving Institution may use prior awards provided under titles III, V, and VII of the Higher Education Act [ 20 U.S.C. 1051 et seq., 1101 et seq., and 1133 et seq.] to prevent, prepare for, and respond to coronavirus. An institution of higher education awarded funds under section 18004 of division B of the CARES Act ( Public Law 116–136 ) [set out below] prior to the date of enactment of this Act may use those funds under the terms and conditions of section 314(c) of this title , subject to the requirements in paragraph (5). Amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 [title II of Pub. L. 99–177 , see Tables for classification] are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 901(b)(2)(A)(i) ]. No funds received by an institution of higher education under this section shall be used to fund contractors for the provision of pre-enrollment recruitment activities; marketing or recruitment; endowments; capital outlays associated with facilities related to athletics, sectarian instruction, or religious worship; senior administrator or executive salaries, benefits, bonuses, contracts, incentives; stock buybacks, shareholder dividends, capital distributions, and stock options; or any other cash or other benefit for a senior administrator or executive. Any funds that remain available for obligation as of the date of enactment of this Act to carry out section 18004(a)(1) of the CARES Act ( Public Law 116–136 ) [set out below] or under the heading “Safe Schools and Citizenship Education” of such Act shall be used by the Secretary to carry out section 314(a)(1) of this title : Provided , That amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Institutions of higher education receiving allocations under section 314(a)(1) of this title shall provide at least the same amount of funding in emergency financial aid grants to students as was required to be provided under sections 18004(a)(1) and

(c)of division B of the CARES Act ( Public Law 116–136 ). An institution of higher education that repurposes funds pursuant to paragraph

(2)shall ensure that not less than 50 percent of the funds received under section 18004(a)(1) of division B of the CARES Act ( Public Law 116–136 ) are used for financial aid grants to students under either section 18004(c) of division B of the CARES Act or section 314(c)(3) of this title , or a combination of those sections: Provided , That amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. An institution of higher education that was required to remit payment to the Internal Revenue Service for the excise tax based on investment income of private colleges and universities under section 4968 of the Internal Revenue Code of 1986 for tax year 2019 shall have its allocation under this section reduced by 50 percent and may only use funds for activities described in paragraph (c)(3), or for sanitation, personal protective equipment, or other expenses associated with the general health and safety of the campus environment related to the qualifying emergency. This paragraph shall not apply to an institution of higher education designated by the Secretary as an eligible institution under section 448 of the HEA [ 20 U.S.C. 1087–58 ]. Waiver authority .— The Secretary may waive the requirements of subparagraph

(A)if, upon application, an institution of higher education demonstrates need (including need for additional funding for financial aid grants to students, payroll expenses, or other expenditures) for the total amount of funds such institution is allocated under section 314(a)(1) of this title . The Secretary shall provide and make publicly available a written justification for the denial of any application for a waiver under this subparagraph. An institution of higher education as defined in section 102(b) of the HEA [ 20 U.S.C. 1002(b) ] may only use funds received under this section for activities described in subsection (c)(3). An institution of higher education with an approved application under section 18004(a) of division B of the CARES Act ( Public Law 116–136 ) prior to the date of enactment of this Act shall not be required to submit a new or revised application to receive funds under this section provided such funds are subject to the terms and conditions of this section. An institution of higher education receiving funds under subsections (a)(1)(E) or

(F)may only use funds apportioned by such subparagraphs for activities described in subsection (c)(3). Report .— An institution receiving funds under this section shall submit a report to the Secretary, not later than 6 months after receiving funding provided in this Act [div. M of Pub. L. 116–260 , see Tables for classification], in such manner and with such subsequent frequency as the Secretary may require, that provides a detailed accounting of the use of funds provided under this section. Reallocation .— Any funds allocated to an institution of higher education under this section on the basis of a formula described in subsections (a)(1), (a)(2), and (a)(4) but for which an institution does not apply for funding within 90 days of the publication of the notice inviting applications, shall be reallocated to eligible institutions that had submitted an application by such date in accordance with the formula described in subsection (a)(1). “continued payment to employees

Connections6 cite this · traces to 14

Cited by 6 sections · top 1

U.S. Code