34 C.F.R. PART 628—ENDOWMENT CHALLENGE GRANT PROGRAM
Title 34 - Education
Authority: 20 U.S.C. 1065, unless otherwise noted.
Source: 49 FR 28521, July 21, 1984, unless otherwise noted.
The Endowment Challenge Grant Program provides endowment challenge grants, which must be matched, to eligible institutions to— (a) Establish or increase endowment challenge funds; (b) Provide additional incentives to promote fund-raising activities; and (c) Foster increased independence and self-sufficiency at those institutions. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 58 FR 11163, Feb. 23, 1993] An institution is eligible to apply for an endowment challenge grant if— (a) It qualifies as an eligible institution for the Strengthening Institutions Program under 34 CFR 607.2; (b) It qualifies as an eligible institution for the Strengthening Historically Black Colleges and Universities Program under 34 CFR 608.2; (c) It would have qualified as an eligible institution for the Strengthening Institutions Program if 34 CFR 607.2(a)(3) referred to a postgraduate degree rather than a bachelor's degree; (d) It would have qualified as an eligible institution for the Strengthening Historically Black Colleges and Universities Program if 34 CFR 608.2(a)(4)(i) referred to a postgraduate degree rather than a bachelor's degree; or (e) It qualifies as an institution that makes a substantial contribution to graduate or postgraduate medical educational opportunities for minorities and the economically disadvantaged. (Authority: 20 U.S.C. 1065) [52 FR 36374, Sept. 28, 1987, as amended at 58 FR 11163, Feb. 23, 1993] An eligible institution may designate a foundation, which was established for the purpose of raising money for that institution, as the recipient of an endowment challenge grant if— (a) The institution assures the Secretary in its application that the foundation is legally authorized to receive the endowment fund corpus and to administer the endowment fund in accordance with the regulations in this part; (b) The foundation agrees to administer the endowment fund in accordance with the regulations in this part; and (c) The institution agrees to be liable for any violation by the foundation of any applicable regulation, including any violation resulting in monetary liability. (Authority: 20 U.S.C. 1065) (a) Except as provided in paragraphs (b) and (c) of this section, an institution that has received a grant under this part may apply for another grant under this part only after 10 fiscal years have elapsed following the fiscal year appropriation from which the institution's grant was awarded (base fiscal year). (b) An institution that has received a grant under this part may apply for another grant under this part after five fiscal years have elapsed following the base fiscal year if the appropriation for this part exceeds $20 million in any of those five fiscal years. (c) If an institution has received a grant under this part and the appropriation for this part exceeds $20 million in any of the sixth through tenth fiscal years following the base fiscal year, the institution may apply for another grant under this part in the fiscal year in which the appropriation exceeds $20 million, or any subsequent fiscal year. (Authority: 20 U.S.C. 1065) [58 FR 11163, Feb. 23, 1993] (a) The following regulations apply to the Endowment Challenge Grant Program: (1) The regulations in this part 628. (2)–(3) [Reserved] (b)(1) The Education Department General Administrative Regulations (EDGAR) as follows: (i) The regulations in 34 CFR 74.61(h), or 34 CFR 80.26 and the appendix to 34 CFR part 80, as applicable. (ii) The regulations in 34 CFR 74.80, 74.84, and 74.85. (iii) The regulations in 34 CFR 75.100 through 75.102, and 75.217. (iv) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (2) Except as specifically indicated in paragraph (b)(1) of this section, the Education Department General Administrative Regulations do not apply. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 52 FR 36375, Sept. 28, 1987; 58 FR 11163, Feb. 23, 1993] The following definitions apply to the regulations in this part: Endowment fund means a fund which excludes real estate and which is established by State law, by an institution, or by a foundation that is exempt from taxation and is maintained for the purpose of generating income for the support of the institution. The principal or corpus of the fund may not be spent. “Endowment fund” includes “quasi-endowment fund”. Endowment fund corpus means an amount equal to the endowment challenge grant or grants awarded under this part plus matching funds provided by the institution. Endowment fund income means an amount equal to the total value of the endowment fund established under the grant minus the endowment fund corpus. Quasi-endowment fund means a fund which the governing board of an institution or foundation establishes to function as an endowment in that the principal is to be retained and invested. However, the entire principal and income may be spent at any time at the discretion of the governing board. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 52 FR 36375, Sept. 28, 1987; 58 FR 11163, Feb. 23, 1993] Each endowment challenge grant awarded by the Secretary under this part— (a) Must be matched by the institution receiving the grant with one dollar of non-Federal funds for every two dollars of Federal grant funds; (b) Must be invested by the institution; and (c) Must have a duration of 20 years. (Authority: 20 U.S.C. 1065) [58 FR 11163, Feb. 23, 1993] An applicant shall include in its application the amount of the endowment challenge grant it is requesting, a description of its short-term plan and long-term plan for raising and using endowment challenge grant funds, and information sufficient for the Secretary to— (a) Evaluate the application under the selection criteria set forth in §628.31 and the priorities set forth in §628.32; and (b) Determine whether the applicant will administer the endowment challenge grant in accordance with the regulations in this part. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 58 FR 11163, Feb. 23, 1993; 59 FR 46175, Sept. 7, 1994] (a) In evaluating an application for an endowment challenge grant, the Secretary— (1) Judges the application using the selection criteria in §628.31 and the priorities in §628.32; (2) Gives, for each criterion and priority, a score up to the maximum possible points in parentheses following the description of that criterion or priority; and (3) Gives up to 130 total points, 90 points maximum for the criteria in §628.31, and 40 points maximum for the priorities in §628.32. (b) In selecting recipients for grants, the Secretary follows the procedures in 34 CFR 75.217(d) and (e) of the Education Department General Administrative Regulations. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987] In evaluating an application for an endowment challenge grant, the Secretary uses the following three criteria: (a) The Secretary measures the applicant's past efforts to build or maintain its existing endowment and quasi-endowment funds by the dollar and relative increase in market value to the applicant's existing endowment and quasi-endowment funds over the applicant's four fiscal years preceding the year of application using the formulas set forth in paragraphs (a)(1) through (a)(5) of this section. (1) In measuring an applicant's dollar increase in its endowment and quasi-endowment funds, the Secretary— (i) Subtracts from an amount equal to the market value of the applicant's endowment and quasi-endowment funds at the end of the four-year period described in paragraph (a) of this section an amount equal to the market value of the applicant's endowment and quasi-endowment funds at the beginning of that four-year period; and (ii) Divides the result obtained in paragraph (a)(1)(i) of this section by the applicant's full-time equivalent enrollment at the end of the four-year period. (2) The Secretary awards points on a sliding scale giving 10 points to applicants with the highest dollar increase as calculated in paragraph (a)(1) of this section and no points to applicants with the lowest dollar increase. (3) In measuring an applicant's relative increase in market value of its endowment and quasi-endowment funds, the Secretary— (i) Divides an amount equal to the market value of the applicant's endowment and quasi-endowment funds at the beginning of the four-year period described in paragraph (a) of this section by the applicant's full-time equivalent enrollment at the end of the four-year period. (ii) Adds $50 to the amount obtained in paragraph (a)(3)(i) of this section. (iii) Divides the result obtained in paragraph (a)(1)(ii) of this section by the amount obtained in paragraph (a)(3)(ii) of this section. (4)(i) If the amount of endowment per full-time equivalent student under paragraph (a)(3)(i) of this section is $50 or more, the Secretary awards points on a sliding scale giving 15 points to applicants with a relative increase of 100 percent or more and no points to applicants that have had a relative decrease of more than 20 percent. (ii) If the amount of endowment per full-time equivalent student under paragraph (a)(3)(i) of this section is less than $50, the Secretary awards points on a sliding scale giving 15 points to applicants with a relative increase of 100 percent or more and no points to applicants that have had no relative increase. (5) In measuring the applicant's past effort, the Secretary— (i) Excludes real estate from being considered as part of the applicant's existing endowment or quasi-endowment fund; and (ii) Includes an endowment or quasi-endowment fund operated by a foundation if the foundation is tax-exempt and was established for the purpose of raising money for the institution. (b) The Secretary considers the degree of proposed nongovernmental matching funds. (Total: 15 points maximum for the highest proposed percentage) (1) The Secretary measures the degree to which an applicant proposes to match the grant with funds from sources other than a State or local government—giving up to 15 points to applicants proposing to obtain the largest percentage of matching funds from those nongovermental sources. (2) If an applicant is applying for an endowment challenge grant for the first time, the Secretary multiplies the maximum number of points (i.e., 15 points) on this criterion times the following fraction: (3) If an applicant has previously received an endowment challenge grant, the Secretary uses the following formula in awarding points under this criterion: (c) The Secretary considers the need for an endowment challenge grant as measured by the applicant's lack of resources. (1) The Secretary gives up to 50 points to applicants with the least resources as measured, at the end of the applicant's fiscal year preceding the year it applies for an endowment challenge grant, by revenue per full-time equivalent student it receives from the sum of the following— (i) Federal, State and local government appropriations; (ii) Unrestricted Federal, State and local government grants and contracts; (iii) Eighty percent of tuition and fees; and (iv) Unrestricted and restricted “endowment income”. (2) In measuring the applicant's resources, the Secretary— (i) Defines the factors in paragraphs (c)(1)(i) through (iv) as they are defined in the Education Department Higher Education General Information Survey of Financial Statistics. (ii) Excludes real estate from being considered as part of the applicant's existing endowment or quasi-endowment fund. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 12, 1984, as amended at 49 FR 37325, Sept. 21, 1984] In evaluating an endowment challenge grant application, the Secretary uses the following two priorities: (a) Recipient or former recipient of a grant under the Strengthening Institutions, Special Needs, Hispanic-Serving Institutions, Strengthening Historically Black Colleges and Universities, or Strengthening Historically Black Graduate Institutions Program. (Total: 20 points) The Secretary gives 20 points to each applicant who on October 1 of the fiscal year in which the applicant is applying for an endowment challenge grant is a current recipient of a planning or development grant, or was a recipient of a planning or development grant within the five preceding fiscal years, under the Strengthening Institutions, Special Needs, Hispanic-Serving Institutions, Strengthening Historically Black Colleges and Universities, or Strengthening Historically Black Graduate Institutions Program. (b) Need for an endowment challenge grant as measured by the lack of endowment funds. (Total: 20 points) (1) The Secretary gives up to 20 total points to an applicant with the greatest need for an endowment challenge grant under this part, as measured by the applicant's lack of endowment funds. (2) The Secretary gives up to 20 points to the applicant with the lowest market value, at the end of the applicant's fiscal year preceding the year it applies for an endowment challenge grant, of its existing endowment and quasi-endowment fund in relation to the number of full-time equivalent students enrolled at the institution in the fall of the year preceding the year it applies for an endowment challenge grant. (3) In measuring the applicant's need for an endowment challenge grant, the Secretary excludes real estate from being considered as part of the applicant's existing endowment or quasi-endowment fund. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 58 FR 11163, Feb. 23, 1993; 59 FR 46175, Sept. 7, 1994] (a) To receive an endowment challenge grant, an institution must raise at least $25,000 in matching funds and qualify for at least a $50,000 grant under paragraph (c) of this section. (b) If an institution obtains at least $25,000 in matching funds and raises all the nongovernmental funds it proposed to raise in its application, the institution may receive a grant equal to twice the amount of matching funds it raises up to— (1) $500,000 in any fiscal year in which the amount appropriated for the Endowment Challenge Grant Program is less than $15,000,000; (2) $1,000,000 in any fiscal year in which the amount appropriated for the Endowment Challenge Grant Program equals or exceeds $15,000,000 but is less than $25,000,000; or (3) $1,500,000 in any fiscal year in which the amount appropriated for the Endowment Challenge Grant Program equals or exceeds $25,000,000. (c) If an institution does not raise all the nongovernmental funds it proposes to raise in its application, the Secretary reduces the institution's grant by multiplying the grant amount requested by the following fraction: (Authority: 20 U.S.C. 1065) [57 FR 11163, Feb. 23, 1993] (a) An institution that the Secretary selects to receive an endowment challenge grant shall— (1) Enter into an agreement with the Secretary to administer the endowment challenge grant; (2) Establish an endowment fund independent of any other endowment fund established by or for that institution; (3) Deposit its matching funds in the endowment fund established under this part; (4) Upon receipt, immediately deposit the grant funds into the endowment fund established under this part; and (5) Within fifteen working days after receiving the grant funds, invest the endowment fund corpus. (b) Before the Secretary disburses grant funds and not later than a date established by the Secretary through a notice in the (1) Match, with cash or low-risk securities, the endowment challenge grant funds to be received under this part; (2) Certify to the Secretary— (i) The source, kind and amount of the eligible matching funds; (ii) That the matching funds are eligible under paragraph (b)(1) of this section and §628.42; and (3) Have a certified public accountant or other licensed public accountant, who is not an employee of the institution, certify that the data contained in the application is accurate. (c)(1) For the purpose of paragraph (b)(1) of this section, “cash” may include cash on hand, certificates of deposit and money market funds; and (2) A negotiable security, to be considered as part of the institution's match— (i) Must be low-risk as required in §628.43; and (ii) Must be assessed at its market value as of the end of the trading day on the date the institution deposits the security into the endowment fund established under this part. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 49 FR 37325, Sept. 21, 1984; 52 FR 11258, Apr. 8, 1987; 53 FR 49146, Dec. 6, 1988] To match an endowment challenge grant, a grantee may not use— (a) A pledge of funds or securities; (b) Deferred gifts such as a charitable remainder annuity trust or unitrust; (c) Any Federal funds; (d) Any borrowed funds; or (e) The corpus or income of an endowment fund or quasi-endowment fund existing at the closing date established by the Secretary for submission of eligibility requests under the Endowment Challenge Grant Program. This includes the corpus or income of an endowment or quasi-endowment fund established by a foundation if the foundation is tax-exempt and was established for the purpose of raising money for the institution. (Authority: 20 U.S.C. 1065) (a) A grantee shall invest, for the duration of the grant period, the endowment fund established under this part in savings accounts or in low-risk securities in which a regulated insurance company may invest under the law of the State in which the institution is located. (b) When investing the endowment fund, the grantee shall exercise the judgment and care, under the circumstances, that a person of prudence, discretion and intelligence would exercise in the management of his or her own financial affairs. (c) An institution may invest its endowment fund in savings accounts permitted under paragraph (a) of this section such as— (1) A federally insured bank savings account; (2) A comparable interest bearing account offered by a bank; or (3) A money market fund. (d) An institution may invest its endowment fund in low-risk securities permitted under paragraph (a) of this section such as— (1) Certificates of deposit; (2) Mutual funds; (3) Stocks; or (4) Bonds. (e) An institution may not invest its endowment fund in real estate. (Authority: 20 U.S.C. 1065) (a)(1) During the grant period, a grantee may not withdraw or spend any part of the endowment fund corpus. (2) If, during the grant period, a grantee withdraws or spends all or part of the endowment fund corpus, it must repay to the Secretary an amount equal of 50 percent of the amount withdrawn or spent plus the income earned on that amount. (b) At the end of the grant period, the institution may use the endowment fund corpus for any educational purpose. (Authority: 20 U.S.C. 1065) (a) During the endowment challenge grant period, a grantee— (1) May withdraw and spend up to 50 percent of the total aggregate endowment fund income earned prior to the date of expenditure; (2) May spend the endowment fund income for— (i) Costs necessary to operate the institution, including general operating and maintenance costs; (ii) Costs to administer and manage the endowment fund; and (iii) Costs associated with buying and selling securities, such as stockbroker commissions and fees to “load” mutual funds; (3) May not use endowment fund income for— (i) A school or department of divinity or any religious worship or sectarian activity; (ii) An activity that is inconsistent with a State plan for desegregation applicable to the grantee; or (iii) An activity that is inconsistent with a State plan applicable to the grantee; and (4) May not withdraw or spend the remaining 50 percent of the endowment fund income. (b) Notwithstanding paragraph (a)(1) of this section, the Secretary may permit a grantee that requests to spend more than 50 percent of the total aggregate endowment fund income to do so if the grantee demonstrates that the expenditure is necessary because of— (1) A financial emergency such as a pending insolvency or temporary liquidity problem; (2) A situation threatening the existence of the institution such as destruction due to a natural disaster or arson; or (3) Another unusual occurrence or demanding circumstance, such as a judgment against the institution for which the institution would be liable. (c) If, during the grant period, a grantee spends more endowment fund income or uses it for purposes other than permitted under paragraphs (a) or (b) of this section, it shall repay to the Secretary an amount equal to 50 percent of the amount improperly spent. (d) At the end of the grant period, the institution may use all of the endowment fund income for any educational purpose. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 58 FR 11163, Feb. 23, 1993] A grantee shall calculate the amount of endowment fund income that it may withdraw and spend at a particular time as follows: (a) On each date that the grantee plans a withdrawal of income, it must— (1) Determine the value of endowment fund income by subtracting the endowment fund corpus from the current total value of the endowment fund on that date; and (2) Calculate the amount of endowment fund income previously withdrawn from the endowment fund. (b) If the value of endowment fund income in the endowment fund exceeds the aggregate amount of previously withdrawn endowment fund income, the grantee may withdraw and spend up to 50 percent of that excess fund income. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987] A grantee shall— (a) Keep records of— (1) The source, kind and amount of matching funds; (2) The type and amount of investments of the endowment fund; (3) The amount of endowment fund income; and (4) The amount and purpose of expenditures of endowment fund income; (b) Retain each year's records for a minimum of five years after the grant period ends; (c) Allow the Secretary access to information that the Secretary judges necessary to audit or examine the records required in paragraph (a) of this section; (d) Carry out the audit required in 34 CFR 74.61(h) or 80.26 and the appendix to 34 CFR part 80, as applicable; (e) Provide to the Secretary a copy of the external or internal audit to be performed under 34 CFR 74.61(h) or 80.26 and the appendix to 34 CFR part 80, as applicable; and (f) Submit reports on a timely basis that are requested by the Secretary. (Authority: 20 U.S.C. 1065 and 1232f) [49 FR 28521, July 12, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 53 FR 49146, Dec. 6, 1988; 58 FR 11164, Feb. 23, 1993] (a) The Secretary may, after giving the grantee notice and an opportunity for a hearing, terminate an endowment challenge grant if the grantee— (1) Withdraws or spends any part of the endowment fund corpus in violation of §628.44(a)(1); (2) Spends any portion of the endowment fund income not permitted to be spent in §628.45; (3) Fails to invest the endowment fund in accordance with the investment standards set forth in §628.43; or (4) Fails to meet the requirements in §628.41. (b) If the Secretary terminates a grant under paragraph (a) of this section, the grantee must return to the Secretary an amount equal to the sum of the original endowment challenge grant or grants plus the income earned on that sum. (Authority: 20 U.S.C. 1065) [49 FR 28521, July 21, 1984, as amended at 52 FR 11258, Apr. 8, 1987; 52 FR 36375, Sept. 28, 1987]
Title 34: Education
PART 628—ENDOWMENT CHALLENGE GRANT PROGRAM
Section Contents
§ 628.1 What are the purposes of the Endowment Challenge Grant Program?
§ 628.2 Which institutions are eligible to apply for an endowment challenge grant?
§ 628.3 Under what conditions may an eligible institution designate a foundation as the recipient of an endowment challenge grant?
§ 628.4 What time limitations are placed on grantees applying for another grant?
§ 628.5 What regulations apply to the Endowment Challenge Grant Program?
§ 628.6 What definitions apply to the Endowment Challenge Grant Program?
§ 628.10 What are the characteristics of an endowment challenge grant?
§ 628.20 What shall an applicant include in an application for an endowment challenge grant?
§ 628.30 How does the Secretary evaluate an application for an endowment challenge grant?
§ 628.31 What selection criteria does the Secretary use in evaluating an application for an endowment challenge grant?
§ 628.32 What funding priorities does the Secretary use in evaluating an application for an endowment challenge grant?
§ 628.40 What are the restrictions on the amount of an endowment challenge grant?
§ 628.41 What are the obligations of an institution that the Secretary selects to receive an endowment challenge grant?
§ 628.42 What may a grantee not use to match an endowment challenge grant?
§ 628.43 What investment standards shall a grantee follow?
§ 628.44 When and for what purposes may a grantee use the endowment fund corpus?
§ 628.45 How much endowment fund income may a grantee use and for what purposes?
§ 628.46 How shall a grantee calculate the amount of endowment fund income that it may withdraw and spend?
§ 628.47 What shall a grantee record and report?
§ 628.48 What happens if a grantee fails to administer the endowment challenge grant in accordance with applicable regulations?
Subpart A—General
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§ 628.1 What are the purposes of the Endowment Challenge Grant Program?
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§ 628.2 Which institutions are eligible to apply for an endowment challenge grant?
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§ 628.3 Under what conditions may an eligible institution designate a foundation as the recipient of an endowment challenge grant?
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§ 628.4 What time limitations are placed on grantees applying for another grant?
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§ 628.5 What regulations apply to the Endowment Challenge Grant Program?
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§ 628.6 What definitions apply to the Endowment Challenge Grant Program?
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Subpart B—What Type of Grant Does the Secretary Award Under the Endowment Challenge Grant Program?
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§ 628.10 What are the characteristics of an endowment challenge grant?
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Subpart C—How Does an Eligible Institution Apply for an Endowment Challenge Grant?
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§ 628.20 What shall an applicant include in an application for an endowment challenge grant?
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Subpart D—How Does the Secretary Award an Endowment Challenge Grant?
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§ 628.30 How does the Secretary evaluate an application for an endowment challenge grant?
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§ 628.31 What selection criteria does the Secretary use in evaluating an application for an endowment challenge grant?
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§ 628.32 What funding priorities does the Secretary use in evaluating an application for an endowment challenge grant?
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Subpart E—What Conditions Must a Grantee Meet Under the Endowment Challenge Grant Program?
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§ 628.40 What are the restrictions on the amount of an endowment challenge grant?
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§ 628.41 What are the obligations of an institution that the Secretary selects to receive an endowment challenge grant?
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§ 628.42 What may a grantee not use to match an endowment challenge grant?
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§ 628.43 What investment standards shall a grantee follow?
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§ 628.44 When and for what purposes may a grantee use the endowment fund corpus?
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§ 628.45 How much endowment fund income may a grantee use and for what purposes?
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§ 628.46 How shall a grantee calculate the amount of endowment fund income that it may withdraw and spend?
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§ 628.47 What shall a grantee record and report?
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§ 628.48 What happens if a grantee fails to administer the endowment challenge grant in accordance with applicable regulations?
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