---
kind: "section"
citation: "20 U.S.C. § 1059e"
title: "20"
title_heading: "Education"
number: "1059e"
heading: "Predominantly Black Institutions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1059e"
units:
  - "Chapter 28 — Higher Education Resources and Student Assistance"
  - "Subchapter III — Institutional Aid"
  - "Part A — Strengthening Institutions"
---

# §1059e. Predominantly Black Institutions

- (a) **Purpose—** It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.
- (b) **Definitions—** In this section:
  - (1) **Eligible institution—** The term “[eligible institution](/usc/20/1058.md?p=b)” means an [institution of higher education](/usc/20/1001.md?p=a) that—
    - (A) has an enrollment of needy undergraduate students;
    - (B) has an average educational and general expenditure that 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 that offer similar instruction, except that the [Secretary](/usc/20/1003.md?p=17) may apply the waiver requirements described in [section 1068a(b) of this title](/usc/20/1068a.md?p=b) to this subparagraph in the same manner as the [Secretary](/usc/20/1003.md?p=17) applies the waiver requirements to [section 1058(b)(1)(B) of this title](/usc/20/1058.md?p=b-1-B);
    - (C) has an enrollment of undergraduate students that is not less than 40 percent Black American students;
    - (D) is legally authorized to provide, and provides, within the [State](/usc/20/1003.md?p=21-A) an educational program for which the [institution of higher education](/usc/20/1001.md?p=a) awards a baccalaureate degree or, in the case of a [junior or community college](/usc/20/1058.md?p=f), an associate’s degree;
    - (E) is [accredited](/usc/20/1067k.md?p=1) by a nationally recognized accrediting agency or association determined by the [Secretary](/usc/20/1003.md?p=17) 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—
      - (i) part B;
      - (ii) part A of subchapter V; or
      - (iii) an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; [20 U.S.C. 123](/usc/20/123.md)).
  - (2) **Enrollment of needy students—** The term “[enrollment of needy students](/usc/20/1058.md?p=d)” means the enrollment at an [eligible institution](/usc/20/1058.md?p=b) 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](/usc/20/1061.md?p=3) for such year;
    - (B) come from families that receive benefits under a means-tested Federal benefit program;
    - (C) attended a public or [nonprofit](/usc/20/1003.md?p=13) private [secondary school](/usc/20/1003.md?p=16) that—
      - (i) is in the school district of a [local educational agency](/usc/20/1003.md?p=11) 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](/usc/20/6311.md) et seq.] for any year during which the student attended such [secondary school](/usc/20/1003.md?p=16); and
      - (ii) for the purpose of this paragraph and for such year of attendance, was determined by the [Secretary](/usc/20/1003.md?p=17) (pursuant to regulations and after consultation with the [State educational agency](/usc/20/1003.md?p=20) of the [State](/usc/20/1003.md?p=21-A) in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [[20 U.S.C. 6313(a)(5)](/usc/20/6313.md?p=a-5)] exceeds 30 percent of the total enrollment of such school; or
    - (D) are first-generation college students and a majority of such first-generation college students are [low-income individuals](/usc/20/1058.md?p=g).
  - (3) **First-generation college student—** The term “first-generation college student” has the meaning given the term in [section 1070a–11(h) of this title](/usc/20/1070a–11.md?p=h).
  - (4) **Low-income individual—** The term “[low-income individual](/usc/20/1058.md?p=g)” has the meaning given such term in [section 1070a–11(h) of this title](/usc/20/1070a–11.md?p=h).
  - (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 program’s 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) **Predominantly Black Institution—** The term “Predominantly Black Institution” means an [institution of higher education](/usc/20/1001.md?p=a), as defined in [section 1001(a) of this title](/usc/20/1001.md?p=a)—
    - (A) that is an [eligible institution](/usc/20/1058.md?p=b) with not less than 1,000 undergraduate students;
    - (B) at which not less than 50 percent of the undergraduate students enrolled at the [eligible institution](/usc/20/1058.md?p=b) are [low-income individuals](/usc/20/1058.md?p=g) or first-generation college students; and
    - (C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the [eligible institution](/usc/20/1058.md?p=b) is licensed to award by the [State](/usc/20/1003.md?p=21-A) in which the [eligible institution](/usc/20/1058.md?p=b) is located.
  - (7) **State—** The term “[State](/usc/20/1003.md?p=21-A)” means each of the 50 [States](/usc/20/1003.md?p=21-A) and the District of Columbia.
- (c) **Grant authority—**
  - (1) **In general—** The [Secretary](/usc/20/1003.md?p=17) is authorized to award grants, from allotments under [subsection (e)](#e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in [subsection (d)](#d).
  - (2) **Priority—** In awarding grants under this section the [Secretary](/usc/20/1003.md?p=17) shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections[^1] (b)(1)(A) or (b)(1)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in [subsection (b)(1)(A)](#b-1-A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in [subsection (b)(1)(C)](#b-1-C).
- (d) **Authorized activities—**
  - (1) **Required activities—** Grant funds provided under this section shall be used—
    - (A) to assist the Predominantly Black Institution to plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students;
    - (B) to expand higher education opportunities for students eligible to participate in programs under subchapter IV by encouraging college preparation and student persistence in [secondary school](/usc/20/1003.md?p=16) and postsecondary education; and
    - (C) to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the students described in subparagraphs [(A)](#d-1-A) and [(B)](#d-1-B).
  - (2) **Additional activities—** Grant funds provided under this section shall be used for one or more of the following activities:
    - (A) The activities described in paragraphs (1) through (12) of [section 1057(c) of this title](/usc/20/1057.md?p=c).
    - (B) Academic instruction in disciplines in which Black Americans are underrepresented.
    - (C) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public [elementary school](/usc/20/1003.md?p=9) or [secondary school](/usc/20/1003.md?p=16) in the [State](/usc/20/1003.md?p=21-A) that shall include, as part of such program, preparation for teacher certification or licensure.
    - (D) Establishing community outreach programs that will encourage [elementary school](/usc/20/1003.md?p=9) and [secondary school](/usc/20/1003.md?p=16) students to develop the academic skills and the [interest](/usc/20/1066a.md?p=6) to pursue postsecondary education.
    - (E) Other activities proposed in the application submitted pursuant to [subsection (f)](#f) that—
      - (i) contribute to carrying out the purpose of this section; and
      - (ii) are approved by the [Secretary](/usc/20/1003.md?p=17) as part of the review and approval of an application submitted under [subsection (f)](#f).
  - (3) **Endowment fund—**
    - (A) **In general—** A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an [endowment fund](/usc/20/1058.md?p=c) at the institution.
    - (B) **Matching requirement—** In order to be eligible to use grant funds in accordance with [subparagraph (A)](#d-3-A), a Predominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with [subparagraph (A)](#d-3-A), for the establishment or increase of the [endowment fund](/usc/20/1058.md?p=c).
    - (C) **Comparability—** The provisions of part C, regarding the establishment or increase of an [endowment fund](/usc/20/1058.md?p=c), that the [Secretary](/usc/20/1003.md?p=17) determines are not inconsistent with this subsection, shall apply to funds used under [subparagraph (A)](#d-3-A).
  - (4) **Limitation—** Not more than 50 percent of the grant funds provided to a Predominantly Black Institution under this section may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.
- (e) **Allotments to Predominantly Black Institutions—**
  - (1) **Federal Pell Grant basis—** From the amounts appropriated to carry out this section for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allot to each Predominantly Black Institution having an application approved under [subsection (f)](#f) a sum that bears the same ratio to one-half of that amount as the number of Federal [Pell Grant recipients](/usc/20/1061.md?p=3) in attendance at such institution at the end of the [academic year](/usc/20/1088.md?p=a-2-A) preceding the beginning of that fiscal year, bears to the total number of Federal [Pell Grant recipients](/usc/20/1061.md?p=3) at all such institutions at the end of such [academic year](/usc/20/1088.md?p=a-2-A).
  - (2) **Graduates basis—** From the amounts appropriated to carry out this section for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allot to each Predominantly Black Institution having an application approved under [subsection (f)](#f) a sum that bears the same ratio to one-fourth of that amount as the number of [graduates](/usc/20/1061.md?p=1) for such [academic year](/usc/20/1088.md?p=a-2-A) at such institution, bears to the total number of [graduates](/usc/20/1061.md?p=1) for such [academic year](/usc/20/1088.md?p=a-2-A) at all such institutions.
  - (3) **Graduates seeking a higher degree basis—** From the amounts appropriated to carry out this section for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allot to each Predominantly Black Institution having an application approved under [subsection (f)](#f) a sum that bears the same ratio to one-fourth of that amount as the percentage of [graduates](/usc/20/1061.md?p=1) from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate’s degree or a baccalaureate degree, a baccalaureate degree-granting institution or a [graduate](/usc/20/1061.md?p=1) or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such [graduates](/usc/20/1061.md?p=1) for all such institutions.
  - (4) **Minimum allotment—**
    - (A) **In general—** Notwithstanding paragraphs [(1)](#e-1), [(2)](#e-2), and [(3)](#e-3), the amount allotted to each Predominantly Black Institution under this section may not be less than $250,000.
    - (B) **Insufficient amount—** If the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under [subparagraph (A)](#e-4-A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under [subparagraph (A)](#e-4-A).
  - (5) **Reallotment—** The amount of a Predominantly Black Institution’s allotment under paragraph [(1)](#e-1), [(2)](#e-2), [(3)](#e-3), or [(4)](#e-4) for any fiscal year that the [Secretary](/usc/20/1003.md?p=17) determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such fiscal year. The [Secretary](/usc/20/1003.md?p=17) shall reallot such amounts from time to time, on such date and during such period as the [Secretary](/usc/20/1003.md?p=17) determines appropriate.
- (f) **Applications—** Each Predominantly Black Institution desiring a grant under this section shall submit an application to the [Secretary](/usc/20/1003.md?p=17) at such time, in such manner, and containing or accompanied by such information as the [Secretary](/usc/20/1003.md?p=17) may reasonably require.
- (g) **Application review process—** [Section 1068b of this title](/usc/20/1068b.md) shall not apply to applications under this section.
- (h) **Duration and carryover—** Any grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury.
- (i) **Special rule on eligibility—** No Predominantly Black Institution that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.

## Footnotes

[^1]: So in original. Probably should be “subsection”.

## Source credit

(Pub. L. 89–329, title III, § 318, as added Pub. L. 110–315, title III, § 305(a), Aug. 14, 2008, 122 Stat. 3169; amended Pub. L. 111–39, title III, § 301(2), July 1, 2009, 123 Stat. 1937.)

## Notes

### Editorial Notes

### References in Text

The Act of March 2, 1867, referred to in subsec. (b)(1)(F)(iii), is act Mar. 2, 1867, ch. 162, 14 Stat. 438. Provisions relating to authorization of appropriations are contained in section 8 of the Act, which is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(C)(i), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

### Amendments

2009—Subsec. (b)(1)(F). Pub. L. 111–39 added subpar. (F) and struck out former subpar. (F) which read as follows: “is not receiving assistance under part B or part A of subchapter V.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.