(a)
To be eligible to receive a grant under this part, an institution must—
(1)
Satisfy section 322(2) of the Higher Education Act of 1965, as amended (HEA);
(2)
Be legally authorized by the State in which it is located—
(i)
To be a junior or community college; or
(ii)
To provide an educational program for which it awards a bachelor's degree; and
(3)
Be accredited or preaccredited by a nationally recognized accrediting agency or association.
(b)
The Secretary has determined that the following institutions satisfy section 322(2) of the HEA.
(c)
If an institution identified in paragraph (b) of this section has merged with another institution, and, as a result of the merger, would not otherwise qualify to receive a grant under this part, that institution may nevertheless qualify to receive a grant under this part if—
(1)
The institution would have qualified to receive a grant before the merger; and
(2)
The institution was eligible to receive a grant under the Special Needs Program in any fiscal year prior to fiscal year 1986. (The Special Needs Program was authorized under Title III, Part B, of the HEA before 1986.)
(d)
For the purpose of paragraph (a)(3) of this section, the Secretary publishes a list in the Federal Register of nationally recognized accrediting agencies and associations.
(e)
Notwithstanding any other provision of this section, for each fiscal year—
(1)
The University of the District of Columbia is eligible to receive a grant under this part only if the amount of the grant it is scheduled to receive under § 608.31 exceeds the amount it is scheduled to receive in the same fiscal year under the District of Columbia Self-Government and Governmental Reorganization Act; and
(2)
Howard University is eligible to receive a grant under this part only if the amount of the grant it is scheduled to receive under § 608.31 exceeds the amount it is scheduled to receive in the same fiscal year under the Act of March 2, 1867, 20 U.S.C. 123.
Code of Federal Regulations
(Authority:
20 U.S.C. 1061, 1063
, and 1063a; House Report 99-861, 99th Cong., 2d Sess. p. 367, September 22, 1986; Senate Report 99-296, 99th Cong., 2d Sess. p. 23, May 12, 1986; Cong. Rec. of June 3, 1986, pp. 6588-6589)