SUBCHAPTER IV—STUDENT ASSISTANCE
Part A—Grants to Students in Attendance at Institutions of Higher Education
Codification
Part A of title IV of the Higher Education Act of 1965, comprising this part, was originally enacted by
§1070. Statement of purpose; program authorization
(a) Purpose
It is the purpose of this part, to assist in making available the benefits of postsecondary education to eligible students (defined in accordance with
(1) providing Federal Pell Grants to all eligible students;
(2) providing supplemental educational opportunity grants to those students who demonstrate financial need;
(3) providing for payments to the States to assist them in making financial aid available to such students;
(4) providing for special programs and projects designed (A) to identify and encourage qualified youths with financial or cultural need with a potential for postsecondary education, (B) to prepare students from low-income families for postsecondary education, and (C) to provide remedial (including remedial language study) and other services to students; and
(5) providing assistance to institutions of higher education.
(b) Secretary required to carry out purposes
The Secretary shall, in accordance with subparts 1 through 9 of this part, carry out programs to achieve the purposes of this part.
(
Prior Provisions
A prior section 1070,
Amendments
2009—Subsec. (b).
1998—Subsec. (a)(1).
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Higher Education Relief Opportunities for Students
Community Scholarship Mobilization
Community School Partnerships
Study of Federal Benefit Coordination
Olympic Scholarships
"(a)
"(1)
"(2)
"(3)
"(b)
"(c)
"(d)
"(e)
[
Persian Gulf Conflict Higher Education Assistance
"SEC. 4. OPERATION DESERT SHIELD/DESERT STORM WAIVER AUTHORITY.
"(a)
"(1) the men and women serving on active duty in connection with Operation Desert Shield or Operation Desert Storm who are borrowers of Stafford Loans or Perkins Loans are not placed in a worse position financially in relation to those loans because of such service;
"(2) the administrative requirements placed on all borrowers of student loans made in accordance with title IV of the Act [
"(3) the future eligibility of such an individual for Pell Grants is not reduced by the amount of such assistance awarded for a period of instruction that such individual was unable to complete, or for which the individual did not receive academic credit, because he or she was called up for such service.
"(b)
"(1) the length of, and eligibility requirements for, the military deferments authorized under sections 427(a)(2)(C)(ii), 428(b)(1)(M)(ii), and 464(c)(2)(A)(ii) of the Act [
"(2) administrative requirements placed on all borrowers of student loans made in accordance with title IV of the Act who are or were engaged in such military service;
"(3) the number of years for which individuals who are engaged in such military service may be eligible for Pell Grants under subpart 1 of part A of title IV of the Act [
"(4) the point at which the borrower of a Stafford Loan who is or was engaged in such military service is required to resume repayment of principal and interest on such loan after the borrower completes a period of deferment under section 427(a)(2)(C)(ii) or 428(b)(1)(M)(ii) of the Act;
"(5) the point at which the borrower of a Stafford Loan who is or was engaged in such military service is required to resume repayment of principal and interest on such loan after the borrower completes a single period of deferment under section 427(a)(2)(C)(i) or 428(b)(1)(M)(i) of the Act subsequent to such service; and
"(6) the modification of the terms 'annual adjusted family income' and 'available income,' as used in the determination of need for student financial assistance under title IV of the Act for such individual (and the determination of such need for his or her spouse and dependents, if applicable), to mean the sums received in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such individual and his or her family.
"(c)
"(d)
"(1) Individuals 'serving on active duty in connection with Operation Desert Shield or Operation Desert Storm' shall include—
"(A) any Reserve of an Armed Force called to active duty under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], or 688 of
"(B) for purposes of waivers of administrative requirements under subsection (b)(2) only, any other member of an Armed Force on active duty in connection with Operation Desert Shield or Operation Desert Storm, who has been assigned to a duty station at a location other than the location at which such member is normally assigned.
"(2) The term 'active duty' has the meaning given such term in
"SEC. 5. TUITION REFUNDS OR CREDITS.
"(a)
"(b)
"SEC. 6. TERMINATION OF AUTHORITY.
"The provisions of sections 4 and 5 shall cease to be effective on September 30, 1997."
"SEC. 371. SHORT TITLE
"This part may be cited as the 'Persian Gulf Conflict Higher Education Assistance Act'.
"SEC. 372. [Superseded by section 4 of
"SEC. 373. [Superseded by section 5 of
"SEC. 374. [Amended
"SEC. 375. [Superseded by section 6 of
"SEC. 376. COORDINATION WITH OTHER LAW
"If the Higher Education Technical Amendments of 1991 [
subpart 1—federal pell grants
Codification
§1070a. Federal Pell Grants: amount and determinations; applications
(a) Program authority and method of distribution
(1) For each fiscal year through fiscal year 2017, the Secretary shall pay to each eligible institution such sums as may be necessary to pay to each eligible student (defined in accordance with
(2) Nothing in this section shall be interpreted to prohibit the Secretary from paying directly to students, in advance of the beginning of the academic term, an amount for which they are eligible, in cases where the eligible institution elects not to participate in the disbursement system required by paragraph (1).
(3) Grants made under this subpart shall be known as "Federal Pell Grants".
(b) Purpose and amount of grants
(1) The purpose of this subpart is to provide a Federal Pell Grant that in combination with reasonable family and student contribution and supplemented by the programs authorized under subparts 3 and 4 of this part, will meet at least 75 percent of a student's cost of attendance (as defined in
(2)(A) The amount of the Federal Pell Grant for a student eligible under this part shall be—
(i) the maximum Federal Pell Grant, as specified in the last enacted appropriation Act applicable to that award year, plus
(ii) the amount of the increase calculated under paragraph (7)(B) for that year, less
(iii) an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.
(B) In any case where a student attends an institution of higher education on less than a full-time basis (including a student who attends an institution of higher education on less than a half-time basis) during any academic year, the amount of the Federal Pell Grant to which that student is entitled shall be reduced in proportion to the degree to which that student is not so attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this division, computed in accordance with this subpart. Such schedule of reductions shall be established by regulation and published in the Federal Register in accordance with
(3) No Federal Pell Grant under this subpart shall exceed the difference between the expected family contribution for a student and the cost of attendance (as defined in
(4) No Federal Pell Grant shall be awarded to a student under this subpart if the amount of that grant for that student as determined under this subsection for any academic year is less than ten percent of the maximum amount of a Federal Pell Grant award determined under paragraph (2)(A) for such academic year.
(5) Notwithstanding any other provision of this subpart, the Secretary shall allow the amount of the Federal Pell Grant to be exceeded for students participating in a program of study abroad approved for credit by the institution at which the student is enrolled when the reasonable costs of such program are greater than the cost of attendance at the student's home institution, except that the amount of such Federal Pell Grant in any fiscal year shall not exceed the maximum amount of a Federal Pell Grant award determined under paragraph (2)(A), for which a student is eligible during such award year. If the preceding sentence applies, the financial aid administrator at the home institution may use the cost of the study abroad program, rather than the home institution's cost, to determine the cost of attendance of the student.
(6) No Federal Pell Grant shall be awarded under this subpart to any individual who is incarcerated in any Federal or State penal institution or who is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible sexual offense (as determined in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program).
(7)
(A)
(i) $2,030,000,000 for fiscal year 2008;
(ii) $2,733,000,000 for fiscal year 2009;
(iii) to carry out subparagraph (B) of this paragraph, such sums as may be necessary for fiscal year 2010 and each subsequent fiscal year to provide the amount of increase of the maximum Federal Pell Grant required by clauses (ii) and (iii) of subparagraph (B); and
(iv) to carry out this section—
(I) $13,500,000,000 for fiscal year 2011;
(II) $13,795,000,000 for fiscal year 2012;
(III) $7,587,000,000 for fiscal year 2013;
(IV) $588,000,000 for fiscal year 2014;
(V) $0 for fiscal year 2015;
(VI) $0 for fiscal year 2016;
(VII) $1,320,000,000 for fiscal year 2017;
(VIII) $1,334,000,000 for fiscal year 2018;
(IX) $1,370,000,000 for fiscal year 2019;
(X) $1,455,000,000 for fiscal year 2020; and
(XI) $1,170,000,000 for fiscal year 2021 and each succeeding fiscal year.
(B)
(i) $490 for each of the award years 2008–2009 and 2009–2010;
(ii) $690 for each of the award years 2010–2011, 2011–2012, and 2012–2013; and
(iii) the amount determined under subparagraph (C) for each succeeding award year.
(C)
(i)
(I) $5,550 or the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), whichever is greater, increased by a percentage equal to the annual adjustment percentage for award year 2013–2014, reduced by
(II) $4,860 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater; and
(III) rounded to the nearest $5.
(ii)
(I) the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), increased by a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined, reduced by
(II) $4,860 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater; and
(III) rounded to the nearest $5.
(iii)
(iv)
(I) the term "annual adjustment percentage" as applied to an award year, is equal to the estimated percentage change in the Consumer Price Index (as determined by the Secretary, using the definition in
(II) the term "total maximum Federal Pell Grant" as applied to a preceding award year, is equal to the sum of—
(aa) the maximum Federal Pell Grant for which a student is eligible during an award year, as specified in the last enacted appropriation Act applicable to that preceding award year; and
(bb) the amount of the increase in the maximum Federal Pell Grant required by this paragraph for that preceding award year.
(D)
(E)
(F)
(8)(A) Effective in the 2017–2018 award year and thereafter, the Secretary shall award an eligible student not more than one and one-half Federal Pell Grants during a single award year to permit such student to work toward completion of an eligible program if, during that single award year, the student—
(i) has received a Federal Pell Grant for an award year and is enrolled in an eligible program for one or more additional payment periods during the same award year that are not otherwise fully covered by the student's Federal Pell Grant; and
(ii) is enrolled on at least a half-time basis while receiving any funds under this section.
(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.
(C) Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5).
(D) In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans two award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned, as it determines is most beneficial to students.
(c) Period of eligibility for grants
(1) The period during which a student may receive Federal Pell Grants shall be the period required for the completion of the first undergraduate baccalaureate course of study being pursued by that student at the institution at which the student is in attendance except that any period during which the student is enrolled in a noncredit or remedial course of study as defined in paragraph (2) shall not be counted for the purpose of this paragraph.
(2) Nothing in this section shall exclude from eligibility courses of study which are noncredit or remedial in nature (including courses in English language instruction) which are determined by the institution to be necessary to help the student be prepared for the pursuit of a first undergraduate baccalaureate degree or certificate or, in the case of courses in English language instruction, to be necessary to enable the student to utilize already existing knowledge, training, or skills. Nothing in this section shall exclude from eligibility programs of study abroad that are approved for credit by the home institution at which the student is enrolled.
(3) No student is entitled to receive Pell Grant payments concurrently from more than one institution or from the Secretary and an institution.
(4) Notwithstanding paragraph (1), the Secretary may allow, on a case-by-case basis, a student to receive a Federal Pell Grant if the student—
(A) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education; and
(B) is enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree, and in courses required by a State in order for the student to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State,
except that this paragraph shall not apply to a student who is enrolled in an institution of higher education that offers a baccalaureate degree in education.
(5) The period during which a student may receive Federal Pell Grants shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but was enrolled at a fraction of full-time, that only that same fraction of such semester or equivalent shall count towards such duration limits.
(d) Applications for grants
(1) The Secretary shall from time to time set dates by which students shall file applications for Federal Pell Grants under this subpart.
(2) Each student desiring a Federal Pell Grant for any year shall file an application therefor containing such information and assurances as the Secretary may deem necessary to enable the Secretary to carry out the functions and responsibilities of this subpart.
(e) Distribution of grants to students
Payments under this section shall be made in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purpose of this section. Any disbursement allowed to be made by crediting the student's account shall be limited to tuition and fees and, in the case of institutionally owned housing, room and board. The student may elect to have the institution provide other such goods and services by crediting the student's account.
(f) Calculation of eligibility
(1) Each contractor processing applications for awards under this subpart (including a central processor, if any, designated by the Secretary) shall, in a timely manner, furnish to the student financial aid administrator (at each institution of higher education which a student awarded a Federal Pell Grant under this subpart is attending), as a part of its regular output document, the expected family contribution for each such student. Each such student financial aid administrator shall—
(A) examine and assess the data used to calculate the expected family contribution of the student furnished pursuant to this subsection;
(B) recalculate the expected family contribution of the student if there has been a change in circumstances of the student or in the data submitted;
(C) make the award to the student in the correct amount; and
(D) after making such award report the corrected data to such contractor and to a central processor (if any) designated by the Secretary for a confirmation of the correct computation of amount of the expected family contribution for each such student.
(2) Whenever a student receives an award under this subpart that, due to recalculation errors by the institution of higher education, is in excess of the amount which the student is entitled to receive under this subpart, such institution of higher education shall pay to the Secretary the amount of such excess unless such excess can be resolved in a subsequent disbursement to the institution.
(3) Each contractor processing applications for awards under this subpart shall for each academic year after academic year 1986–1987 prepare and submit a report to the Secretary on the correctness of the computations of amount of the expected family contribution, and on the accuracy of the questions on the application form under this subpart for the previous academic year for which the contractor is responsible. The Secretary shall transmit the report, together with the comments and recommendations of the Secretary, to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees.
(g) Insufficient appropriations
If, for any fiscal year, the funds appropriated for payments under this subpart are insufficient to satisfy fully all entitlements, as calculated under subsection (b) (but at the maximum grant level specified in such appropriation), the Secretary shall promptly transmit a notice of such insufficiency to each House of the Congress, and identify in such notice the additional amount that would be required to be appropriated to satisfy fully all entitlements (as so calculated at such maximum grant level).
(h) Use of excess funds
(1) If, at the end of a fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make the payments required under this subpart to eligible students by 15 percent or less, then all of the excess funds shall remain available for making payments under this subpart during the next succeeding fiscal year.
(2) If, at the end of a fiscal year, the funds available for making payments under this subpart exceed the amount necessary to make the payments required under this subpart to eligible students by more than 15 percent, then all of such funds shall remain available for making such payments but payments may be made under this paragraph only with respect to entitlements for that fiscal year.
(i) Treatment of institutions and students under other laws
Any institution of higher education which enters into an agreement with the Secretary to disburse to students attending that institution the amounts those students are eligible to receive under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish a function of the Secretary. Recipients of Pell Grants shall not be considered to be individual grantees for purposes of
(j) Institutional ineligibility based on default rates
(1) In general
No institution of higher education shall be an eligible institution for purposes of this subpart if such institution of higher education is ineligible to participate in a loan program under part B or D as a result of a final default rate determination made by the Secretary under part B or D after the final publication of cohort default rates for fiscal year 1996 or a succeeding fiscal year.
(2) Sanctions subject to appeal opportunity
No institution may be subject to the terms of this subsection unless the institution has had the opportunity to appeal the institution's default rate determination under regulations issued by the Secretary for the loan program authorized under part B or D, as applicable. This subsection shall not apply to an institution that was not participating in the loan program authorized under part B or D on October 7, 1998, unless the institution subsequently participates in the loan programs.
(
Codification
In subsec. (i), "
Prior Provisions
A prior section 1070a,
A prior section 401 of
Another prior section 401 of
Amendments
2019—Subsec. (b)(7)(A)(iv)(X).
Subsec. (b)(7)(A)(iv)(XI).
2018—Subsec. (b)(7)(A)(iv)(VIII).
Subsec. (b)(7)(A)(iv)(IX).
2017—Subsec. (b)(7)(A)(iv)(VII).
Subsec. (b)(8).
2015—Subsec. (b)(2)(A)(ii).
2014—Subsec. (b)(2)(A)(ii).
2011—Subsec. (b)(2)(A)(ii).
Subsec. (b)(4).
Subsec. (b)(5).
"(A) The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student's progress toward a degree or certificate if the student is enrolled—
"(i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and
"(ii) in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate.
"(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year."
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(7)(A)(iv).
Subsec. (b)(7)(A)(iv)(II).
Subsec. (b)(7)(A)(iv)(III).
Subsec. (b)(8).
Subsec. (b)(8)(A)(iv).
Subsec. (b)(8)(C)(i)(I), (ii)(I).
Subsec. (c)(5).
2010—Subsec. (b)(2)(A).
Subsec. (b)(4).
Subsec. (b)(6).
Subsec. (b)(8)(A).
Subsec. (b)(8)(A)(iii) to (x).
Subsec. (b)(8)(B).
Subsec. (b)(8)(B)(ii).
Subsec. (b)(8)(B)(iii).
Subsec. (b)(8)(C).
2009—Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (b)(8)(A)(ii), (iii).
Subsec. (b)(8)(A)(vi), (viii).
Subsec. (f)(4).
2008—Subsec. (b).
Subsec. (b)(2)(A).
Subsec. (b)(4).
Subsec. (b)(5).
"(i) the student is enrolled full-time in an associate or baccalaureate degree program of study that is 2 years or longer at an eligible institution that is computed in credit hours; and
"(ii) the student completes course work toward completion of an associate or baccalaureate degree that exceeds the requirements for a full academic year as defined by the institution.
"(B) The Secretary shall promulgate regulations implementing this paragraph."
Subsec. (b)(7).
Subsec. (b)(8)(D).
"(D)
Subsec. (b)(8)(F).
"(F)
Subsec. (c)(5).
Subsec. (f)(3).
Subsec. (f)(4).
2007—Subsec. (a)(1).
Subsec. (b)(3) to (7).
Subsec. (b)(8).
Subsec. (b)(9).
1998—
Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2)(A).
"(i) $3,700 for academic year 1993–1994,
"(ii) $3,900 for academic year 1994–1995,
"(iii) $4,100 for academic year 1995–1996,
"(iv) $4,300 for academic year 1996–1997, and
"(v) $4,500 for academic year 1997–1998,
less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year."
Subsec. (b)(2)(B).
Subsec. (b)(3).
"(3)(A) For any academic year for which an appropriation Act provides a maximum basic grant in an amount in excess of $2,400, the amount of a student's basic grant shall equal $2,400 plus—
"(i) one-half of the amount by which such maximum basic grant exceeds $2,400; plus
"(ii) the lesser of—
"(I) the remaining one-half of such excess; or
"(II) the sum of the student's tuition and the student's allowance determined under subparagraph (B), if applicable.
"(B) For purposes of subparagraph (A)(ii)(II), a student's allowance is $750 if the student has dependent care expenses (as defined in
Subsec. (b)(4), (5).
Subsec. (b)(6).
Subsec. (b)(7), (8).
Subsec. (c)(1).
Subsec. (c)(4).
Subsec. (d)(1).
Subsecs. (d)(2), (f)(1).
Subsec. (f)(3).
Subsec. (j).
1994—Subsec. (b)(8).
"(8)(A) No basic grant shall be awarded to an incarcerated student under this subpart that exceeds the sum of the amount of tuition and fees normally assessed by the institution of higher education for the course of study such student is pursuing plus an allowance (determined in accordance with regulations issued by the Secretary) for books and supplies associated with such course of study, except that no basic grant shall be awarded to any incarcerated student serving under sentence of death or any life sentence without eligibility for parole or release.
"(B) Basic grants under this subpart shall only be awarded to incarcerated individuals in a State if such grants are used to supplement and not supplant the level of postsecondary education assistance provided by such State to incarcerated individuals in fiscal year 1988."
1993—Subsec. (a)(1).
Subsec. (b)(2)(B).
Subsec. (b)(6).
Subsec. (i).
1992—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2)(A)(i) to (v).
"(i) $2,300 for academic year 1987–1988,
"(ii) $2,500 for academic year 1988–1989,
"(iii) $2,700 for academic year 1989–1990,
"(iv) $2,900 for academic year 1990–1991, and
"(v) $3,100 for academic year 1991–1992,".
Subsec. (b)(2)(B).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6) to (8).
Subsec. (c)(1).
"(A) such period may not exceed the full-time equivalent of—
"(i) 5 academic years in the case of an undergraduate degree or certificate program normally requiring 4 years or less;
"(ii) 6 academic years in the case of an undergraduate degree or certificate program normally requiring more than 4 years;
"(B) any period during which the student is enrolled in a noncredit or remedial course of study as defined in paragraph (2) shall not be counted for the purpose of subparagraph (A); and
"(C) an institution of higher education at which the student is in attendance may waive subparagraph (A) for undue hardship based on—
"(i) the death of a relative of the student;
"(ii) the personal injury or illness of the student; or
"(iii) special circumstances as determined by the institution."
Subsec. (c)(2).
Subsec. (f)(1).
Subsec. (f)(3).
Subsec. (g).
"(1) If, for any fiscal year, the funds appropriated for payments under this subpart are insufficient to satisfy fully all entitlements, as calculated under subsection (b) of this section, the amount paid with respect to each entitlement shall be—
"(A) the full amount for any student whose expected family contribution is $200 or less, or
"(B) a percentage of that entitlement, as determined in accordance with a schedule of reductions established by the Secretary for this purpose, for any student whose expected family contribution is more than $200.
"(2) Any schedule established by the Secretary for the purpose of paragraph (1)(B) of this subsection shall contain a single linear reduction formula in which the percentage reduction increases uniformly as the entitlement decreases, and shall provide that if an entitlement is reduced to less than $100, no payment shall be made."
Subsec. (i).
1987—Subsec. (g)(2).
Effective Date of 2011 Amendment
Amendment by section 309(a) of
Effective Date of 2010 Amendment
Effective Date of 2009 Amendment
Amendment by
Effective Date of 2008 Amendment
"(A)
"(B)
Effective Date of 2007 Amendment
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1994 Amendment
Effective Date of 1993 Amendment
Amendment by section 2(b)(1), (3)–(5), (k)(1) of
Effective Date of 1992 Amendment
"(1) as otherwise provided in such part A;
"(2) that the changes made in section 411 [this section], relating to Pell Grants, shall apply to the awarding of Pell Grants for periods of enrollment beginning on or after July 1, 1993; and
"(3) that the changes in section 413C(a)(2) [
Effective Date of 1987 Amendment
Amendment by
Effective Date
Section effective Oct. 17, 1986, except as otherwise provided, see section 2 of
"(3) Section 411(c) of the Act [
"(4) Section 411(f) of the Act [
Study of Pell Grant Eligibility for Less Than Half-Time Students
Maximum Pell Grants
Provisions limiting the maximum Pell grant that a student may receive were contained in the following appropriation acts:
§1070a–1. Omitted
Codification
Section,
A prior section 1070a–1,
§§1070a–2 to 1070a–6. Repealed. Pub. L. 102–325, title IV, §401(i), July 23, 1992, 106 Stat. 482
Section 1070a–2,
Section 1070a–3,
Section 1070a–4,
Section 1070a–5,
Section 1070a–6,
subpart 2—federal early outreach and student services programs
Codification
Division 1—Federal TRIO Programs
§1070a–11. Program authority; authorization of appropriations
(a) Grants and contracts authorized
The Secretary shall, in accordance with the provisions of this division, carry out a program of making grants and contracts designed to identify qualified individuals from disadvantaged backgrounds, to prepare them for a program of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individuals serving or preparing for service in programs and projects so designed.
(b) Recipients, duration, and size
(1) Recipients
For the purposes described in subsection (a), the Secretary is authorized, without regard to
(2) Duration
Grants or contracts made under this division shall be awarded for a period of 5 years, except that—
(A) in order to synchronize the awarding of grants for programs under this division, the Secretary may, under such terms as are consistent with the purposes of this division, provide a one-time, limited extension of the length of such an award;
(B) grants made under
(C) grants under
(3) Minimum grants
Unless the institution or agency requests a smaller amount, an individual grant authorized under this division shall be awarded in an amount that is not less than $200,000, except that an individual grant authorized under
(c) Procedures for awarding grants and contracts
(1) Application requirements
An eligible entity that desires to receive a grant or contract under this division shall submit an application to the Secretary in such manner and form, and containing such information and assurances, as the Secretary may reasonably require.
(2) Considerations
(A) Prior experience
In making grants under this division, the Secretary shall consider each applicant's prior experience of high quality service delivery, as determined under subsection (f), under the particular program for which funds are sought. The level of consideration given the factor of prior experience shall not vary from the level of consideration given such factor during fiscal years 1994 through 1997, except that grants made under
(B) Participant need
In making grants under this division, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served to aid such participants in preparing for, enrolling in, or succeeding in postsecondary education, as appropriate to the particular program for which the eligible entity is applying.
(3) Order of awards; program fraud
(A) Except with respect to grants made under
(B) The Secretary shall not provide assistance to a program otherwise eligible for assistance under this division, if the Secretary has determined that such program has involved the fraudulent use of funds under this division.
(4) Peer review process
(A) The Secretary shall ensure that, to the extent practicable, members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans, Alaska Natives, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians), are represented as readers of applications submitted under this division. The Secretary shall also ensure that persons from urban and rural backgrounds are represented as readers.
(B) The Secretary shall ensure that each application submitted under this division is read by at least three readers who are not employees of the Federal Government (other than as readers of applications).
(5) Number of applications for grants and contracts
The Secretary shall not limit the number of applications submitted by an entity under any program authorized under this division if the additional applications describe programs serving different populations or different campuses.
(6) Coordination with other programs for disadvantaged students
The Secretary shall encourage coordination of programs assisted under this division with other programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding source of such programs. The Secretary shall not limit an entity's eligibility to receive funds under this division because such entity sponsors a program similar to the program to be assisted under this division, regardless of the funding source of such program. The Secretary shall permit the Director of a program receiving funds under this division to administer one or more additional programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding sources of such programs. The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this division to identify and make available services under such program, including mentoring, tutoring, and other services provided by such program, to foster care youth (including youth in foster care and youth who have left foster care after reaching age 13) or to homeless children and youths as defined in
(7) Application status
The Secretary shall inform each entity operating programs under this division regarding the status of their application for continued funding at least 8 months prior to the expiration of the grant or contract. The Secretary, in the case of an entity that is continuing to operate a successful program under this division, shall ensure that the start-up date for a new grant or contract for such program immediately follows the termination of the preceding grant or contract so that no interruption of funding occurs for such successful reapplicants. The Secretary shall inform each entity requesting assistance under this division for a new program regarding the status of their application at least 8 months prior to the proposed startup date of such program.
(8) Review and notification by the Secretary
(A) Guidance
Not later than 180 days after August 14, 2008, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this division, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this division, including—
(i) the responsibility of applicants to submit materials in a timely manner and in accordance with the processes established by the Secretary under the authority of the General Education Provisions Act [
(ii) steps the Secretary will take to ensure that the materials submitted by applicants are processed in a proper and timely manner;
(iii) steps the Secretary will take to ensure that prior experience points for high quality service delivery are awarded in an accurate and transparent manner;
(iv) steps the Secretary will take to ensure the quality and integrity of the peer review process, including assurances that peer reviewers will consider applications for grants under this division in a thorough and complete manner consistent with applicable Federal law; and
(v) steps the Secretary will take to ensure that the final score of an application, including prior experience points for high quality service delivery and points awarded through the peer review process, is determined in an accurate and transparent manner.
(B) Updated guidance
Not later than 45 days before the date of the commencement of each competition for a grant under this division that is held after the expiration of the 180-day period described in subparagraph (A), the Secretary shall update and publish the guidance described in such subparagraph.
(C) Review
(i) In general
With respect to any competition for a grant under this division, an applicant may request a review by the Secretary if the applicant—
(I) has evidence of a specific technical, administrative, or scoring error made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; and
(II) has otherwise met all of the requirements for submission of the application.
(ii) Technical or administrative error
In the case of evidence of a technical or administrative error listed in clause (i)(I), the Secretary shall review such evidence and provide a timely response to the applicant. If the Secretary determines that a technical or administrative error was made by the Department or an agent of the Department, the application of the applicant shall be reconsidered in the peer review process for the applicable grant competition.
(iii) Scoring error
In the case of evidence of a scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality service delivery or to the final score of an application, the Secretary shall—
(I) review such evidence and provide a timely response to the applicant; and
(II) if the Secretary determines that a scoring error was made by the Department or a peer reviewer, adjust the prior experience points or final score of the application appropriately and quickly, so as not to interfere with the timely awarding of grants for the applicable grant competition.
(iv) Error in peer review process
(I) Referral to secondary review
In the case of a peer review process error listed in clause (i)(I), if the Secretary determines that points were withheld for criteria not required in Federal statute, regulation, or guidance governing a program assisted under this division or the application for a grant for such program, or determines that information pertaining to selection criteria was wrongly determined to be missing from an application by a peer reviewer, then the Secretary shall refer the application to a secondary review panel.
(II) Timely review; replacement score
The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review.
(III) Composition of secondary review panel
The secondary review panel shall be composed of reviewers each of whom—
(aa) did not review the application in the original peer review;
(bb) is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; and
(cc) to extent practicable, has conducted peer reviews in not less than two previous competitions for the grant program that is the subject of such secondary review.
(IV) Final score
The final peer review score of an application subject to a secondary review under this clause shall be adjusted appropriately and quickly using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition.
(V) Qualification for secondary review
To qualify for a secondary review under this clause, an applicant shall have evidence of a scoring error and demonstrate that—
(aa) points were withheld for criteria not required in statute, regulation, or guidance governing the Federal TRIO programs or the application for a grant for such programs; or
(bb) information pertaining to selection criteria was wrongly determined to be missing from the application.
(v) Finality
(I) In general
A determination by the Secretary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the Department.
(II) Scoring
The score awarded by a secondary review panel under clause (iv) shall not be reviewable by any officer or employee of the Department other than the Secretary.
(vi) Funding of applications with certain adjusted scores
To the extent feasible based on the availability of appropriations, the Secretary shall fund applications with scores that are adjusted upward under clauses (ii), (iii), and (iv) to equal or exceed the minimum cut off score for the applicable grant competition.
(d) Outreach
(1) In general
The Secretary shall conduct outreach activities to ensure that entities eligible for assistance under this division submit applications proposing programs that serve geographic areas and eligible populations which have been underserved by the programs assisted under this division.
(2) Notice
In carrying out the provisions of paragraph (1), the Secretary shall notify the entities described in subsection (b) of the availability of assistance under this subsection not less than 120 days prior to the deadline for submission of applications under this division and shall consult national, State, and regional organizations about candidates for notification.
(3) Technical assistance
The Secretary shall provide technical training to applicants for projects and programs authorized under this division. The Secretary shall give priority to serving programs and projects that serve geographic areas and eligible populations which have been underserved by the programs assisted under this division. Technical training activities shall include the provision of information on authorizing legislation, goals and objectives of the program, required activities, eligibility requirements, the application process and application deadlines, and assistance in the development of program proposals and the completion of program applications. Such training shall be furnished at conferences, seminars, and workshops to be conducted at not less than 10 sites throughout the United States to ensure that all areas of the United States with large concentrations of eligible participants are served.
(4) Special rule
The Secretary may contract with eligible entities to conduct the outreach activities described in this subsection.
(e) Documentation of status as a low-income individual
(1) Except in the case of an independent student, as defined in
(A) a signed statement from the individual's parent or legal guardian;
(B) verification from another governmental source;
(C) a signed financial aid application; or
(D) a signed United States or Puerto Rico income tax return.
(2) In the case of an independent student, as defined in
(A) a signed statement from the individual;
(B) verification from another governmental source;
(C) a signed financial aid application; or
(D) a signed United States or Puerto Rico income tax return.
(3) Notwithstanding this subsection and subsection (h)(4), individuals who are foster care youth (including youth in foster care and youth who have left foster care after reaching age 13), or homeless children and youths as defined in
(f) Outcome criteria
(1) Use for prior experience determination
For competitions for grants under this division that begin on or after January 1, 2009, the Secretary shall determine an eligible entity's prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria described in paragraphs (2) and (3).
(2) Disaggregation of relevant data
The outcome criteria under this subsection shall be disaggregated by low-income students, first generation college students, and individuals with disabilities, in the schools and institutions of higher education served by the program to be evaluated.
(3) Contents of outcome criteria
The outcome criteria under this subsection shall measure, annually and for longer periods, the quality and effectiveness of programs authorized under this division and shall include the following:
(A) For programs authorized under
(i) the delivery of service to a total number of students served by the program;
(ii) the continued secondary school enrollment of such students;
(iii) the graduation of such students from secondary school with a regular secondary school diploma in the standard number of years;
(iv) the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program;
(v) the enrollment of such students in an institution of higher education; and
(vi) to the extent practicable, the postsecondary education completion of such students.
(B) For programs authorized under
(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;
(ii) such students' school performance, as measured by the grade point average, or its equivalent;
(iii) such students' academic performance, as measured by standardized tests, including tests required by the students' State;
(iv) the retention in, and graduation from, secondary school of such students;
(v) the completion by such students of a rigorous secondary school program of study that will make such students eligible for programs such as the Academic Competitiveness Grants Program;
(vi) the enrollment of such students in an institution of higher education; and
(vii) to the extent practicable, the postsecondary education completion of such students.
(C) For programs authorized under
(i) the extent to which the eligible entity met or exceeded the entity's objectives regarding the retention in postsecondary education of the students served by the program;
(ii)(I) in the case of an entity that is an institution of higher education offering a baccalaureate degree, the extent to which the entity met or exceeded the entity's objectives regarding the percentage of such students' completion of the degree programs in which such students were enrolled; or
(II) in the case of an entity that is an institution of higher education that does not offer a baccalaureate degree, the extent to which such students met or exceeded the entity's objectives regarding—
(aa) the completion of a degree or certificate by such students; and
(bb) the transfer of such students to institutions of higher education that offer baccalaureate degrees;
(iii) the extent to which the entity met or exceeded the entity's objectives regarding the delivery of service to a total number of students, as agreed upon by the entity and the Secretary for the period; and
(iv) the extent to which the entity met or exceeded the entity's objectives regarding the students served under the program who remain in good academic standing.
(D) For programs authorized under
(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period;
(ii) the provision of appropriate scholarly and research activities for the students served by the program;
(iii) the acceptance and enrollment of such students in graduate programs; and
(iv) the continued enrollment of such students in graduate study and the attainment of doctoral degrees by former program participants.
(E) For programs authorized under
(i) the enrollment of students without a secondary school diploma or its recognized equivalent, who were served by the program, in programs leading to such diploma or equivalent;
(ii) the enrollment of secondary school graduates who were served by the program in programs of postsecondary education;
(iii) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; and
(iv) the provision of assistance to students served by the program in completing financial aid applications and college admission applications.
(4) Measurement of progress
In order to determine the extent to which each outcome criterion described in paragraph (2) or (3) is met or exceeded, the Secretary shall compare the agreed upon target for the criterion, as established in the eligible entity's application approved by the Secretary, with the results for the criterion, measured as of the last day of the applicable time period for the determination for the outcome criterion.
(g) Authorization of appropriations
For the purpose of making grants and contracts under this division, there are authorized to be appropriated $900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. Of the amount appropriated under this division, the Secretary may use no more than ½ of 1 percent of such amount to obtain additional qualified readers and additional staff to review applications, to increase the level of oversight monitoring, to support impact studies, program assessments and reviews, and to provide technical assistance to potential applicants and current grantees. In expending these funds, the Secretary shall give priority to the additional administrative requirements provided in the Higher Education Amendments of 1992, to outreach activities, and to obtaining additional readers.
(h) Definitions
For the purpose of this division:
(1) Different campus
The term "different campus" means a site of an institution of higher education that—
(A) is geographically apart from the main campus of the institution;
(B) is permanent in nature; and
(C) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential.
(2) Different population
The term "different population" means a group of individuals that an eligible entity desires to serve through an application for a grant under this division, and that—
(A) is separate and distinct from any other population that the entity has applied for a grant under this division to serve; or
(B) while sharing some of the same needs as another population that the eligible entity has applied for a grant under this division to serve, has distinct needs for specialized services.
(3) First generation college student
The term "first generation college student" means—
(A) an individual both of whose parents did not complete a baccalaureate degree; or
(B) in the case of any individual who regularly resided with and received support from only one parent, an individual whose only such parent did not complete a baccalaureate degree.
(4) Low-income individual
The term "low-income individual" means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.
(5) Veteran eligibility
No veteran shall be deemed ineligible to participate in any program under this division by reason of such individual's age who—
(A) served on active duty for a period of more than 180 days and was discharged or released therefrom under conditions other than dishonorable;
(B) served on active duty and was discharged or released therefrom because of a service connected disability;
(C) was a member of a reserve component of the Armed Forces called to active duty for a period of more than 30 days; or
(D) was a member of a reserve component of the Armed Forces who served on active duty in support of a contingency operation (as that term is defined in
(6) Waiver
The Secretary may waive the service requirements in subparagraph (A), (B), or (C) of paragraph (5) if the Secretary determines the application of the service requirements to a veteran will defeat the purpose of a program under this division.
(
References in Text
The General Education Provisions Act, referred to in subsec. (c)(8)(A)(i), is title IV of
The Higher Education Amendments of 1992, referred to in subsec. (g), is
References to Subpart 2, 3, or 4 of This Part Deemed To Refer to Subpart 3, 4, or 2 of This Part
Section 402(b) of
Codification
In subsec. (b)(1), "
Amendments
2009—Subsec. (b)(1).
Subsec. (c)(8)(C)(iv)(I).
2008—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (b)(3).
"(A) $170,000 for programs authorized by
"(B) $180,000 for programs authorized by
"(C) $190,000 for programs authorized by
Subsec. (c)(2).
Subsec. (c)(3)(B).
Subsec. (c)(5).
Subsec. (c)(6).
Subsec. (c)(8).
Subsec. (e)(1), (2).
Subsec. (e)(3).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (h)(5)(A).
Subsec. (h)(5)(B).
Subsec. (h)(5)(C), (D).
Subsec. (h)(6).
1998—Subsec. (b)(2)(C).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(2).
Subsec. (f).
Subsec. (g)(4).
1993—Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (e).
"(1) in the case of an individual who is eighteen years of age or younger or a dependent student by providing the Secretary with a signed statement from the parent or legal guardian, verification from another governmental source, a signed financial aid application, or a signed United States or Puerto Rican income tax return; and
"(2) in the case of an individual who is age 18 or older or who is an independent student, by providing the Secretary with a signed statement from the individual, verification from another governmental source, a signed financial aid form, or a signed United States or Puerto Rican income tax return."
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by section 2(b)(6), (8), (9) of
Advanced Placement Fee Payment Program
Similar provisions were contained in
§1070a–12. Talent search
(a) Program authority
The Secretary shall carry out a program to be known as talent search which shall be designed—
(1) to identify qualified youths with potential for education at the postsecondary level and to encourage such youths to complete secondary school and to undertake a program of postsecondary education;
(2) to publicize the availability of, and facilitate the application for, student financial assistance available to persons who pursue a program of postsecondary education; and
(3) to encourage persons who have not completed programs of education at the secondary or postsecondary level to enter or reenter, and complete such programs.
(b) Required services
Any project assisted under this section shall provide—
(1) connections to high quality academic tutoring services, to enable students to complete secondary or postsecondary courses;
(2) advice and assistance in secondary course selection and, if applicable, initial postsecondary course selection;
(3) assistance in preparing for college entrance examinations and completing college admission applications;
(4)(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in
(5) guidance on and assistance in—
(A) secondary school reentry;
(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;
(C) entry into general educational development (GED) programs; or
(D) postsecondary education; and
(6) connections to education or counseling services designed to improve the financial literacy and economic literacy of students or the students' parents, including financial planning for postsecondary education.
(c) Permissible services
Any project assisted under this section may provide services such as—
(1) academic tutoring, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
(2) personal and career counseling or activities;
(3) information and activities designed to acquaint youth with the range of career options available to the youth;
(4) exposure to the campuses of institutions of higher education, as well as cultural events, academic programs, and other sites or activities not usually available to disadvantaged youth;
(5) workshops and counseling for families of students served;
(6) mentoring programs involving elementary or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons; and
(7) programs and activities as described in subsection (b) or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in
(d) Requirements for approval of applications
In approving applications for projects under this section for any fiscal year the Secretary shall—
(1) require an assurance that not less than two-thirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
(2) require that such participants be persons who either have completed 5 years of elementary education or are at least 11 years of age but not more than 27 years of age, unless the imposition of any such limitation with respect to any person would defeat the purposes of this section or the purposes of
(3) require an assurance that individuals participating in the project proposed in the application do not have access to services from another project funded under this section or under
(4) require an assurance that the project will be located in a setting accessible to the persons proposed to be served by the project.
(
Amendments
2008—Subsec. (a)(2).
Subsec. (a)(3).
Subsecs. (b), (c).
Subsec. (d).
1998—Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(8).
Subsec. (b)(9).
Effective Date of 1998 Amendment
Amendment by
§1070a–13. Upward bound
(a) Program authority
The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond secondary school.
(b) Required services
Any project assisted under this section shall provide—
(1) academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
(2) advice and assistance in secondary and postsecondary course selection;
(3) assistance in preparing for college entrance examinations and completing college admission applications;
(4)(A) information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in
(5) guidance on and assistance in—
(A) secondary school reentry;
(B) alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;
(C) entry into general educational development (GED) programs; or
(D) postsecondary education; and
(6) education or counseling services designed to improve the financial literacy and economic literacy of students or the students' parents, including financial planning for postsecondary education.
(c) Additional required services for multiple-year grant recipients
Any project assisted under this section which has received funding for two or more years shall include, as part of the core curriculum in the next and succeeding years, instruction in mathematics through precalculus, laboratory science, foreign language, composition, and literature.
(d) Permissible services
Any project assisted under this section may provide such services as—
(1) exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;
(2) information, activities, and instruction designed to acquaint youth participating in the project with the range of career options available to the youth;
(3) on-campus residential programs;
(4) mentoring programs involving elementary school or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons;
(5) work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;
(6) special services, including mathematics and science preparation, to enable veterans to make the transition to postsecondary education; and
(7) programs and activities as described in subsection (b), subsection (c), or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in
(e) Requirements for approval of applications
In approving applications for projects under this section for any fiscal year, the Secretary shall—
(1) require an assurance that not less than two-thirds of the youths participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
(2) require an assurance that the remaining youths participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or students who have a high risk for academic failure;
(3) require that there be a determination by the institution, with respect to each participant in such project that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;
(4) require that such participants be persons who have completed 8 years of elementary education and are at least 13 years of age but not more than 19 years of age, unless the imposition of any such limitation would defeat the purposes of this section; and
(5) require an assurance that no student will be denied participation in a project assisted under this section because the student will enter the project after the 9th grade.
(f) Maximum stipends
Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $60 per month during the summer school recess, for a period not to exceed three months, except that youth participating in a work-study position under subsection (d)(5) may be paid a stipend of $300 per month during the summer school recess, for a period not to exceed three months. Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $40 per month during the remaining period of the year.
(g) Additional funds
(1) Authorization and appropriation
There are authorized to be appropriated, and there are appropriated to the Secretary, from funds not otherwise appropriated, $57,000,000 for each of the fiscal years 2008 through 2011 to carry out paragraph (2), except that any amounts that remain unexpended for such purpose for each of such fiscal years may be available for technical assistance and administration costs for the Upward Bound program. The authority to award grants under this subsection shall expire at the end of fiscal year 2011.
(2) Use of funds
The amounts made available by paragraph (1) shall be available to provide assistance to all Upward Bound projects that did not receive assistance in fiscal year 2007 and that have a grant score above 70. Such assistance shall be made available in the form of 4-year grants.
(h) Absolute priority prohibited in Upward Bound Program
Upon enactment of this subsection and except as otherwise expressly provided by amendment to this section, the Secretary shall not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute priority conditions or restrictions to future participants.
(
Amendments
2008—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (e)(2).
Subsec. (e)(5).
Subsec. (f).
Subsec. (g).
Subsec. (h).
2007—Subsec. (f).
1998—Subsec. (b)(2).
Subsec. (b)(9).
Subsec. (b)(10), (11).
Subsec. (b)(12).
Subsec. (e).
1993—Subsec. (c).
Effective Date of 2007 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§1070a–14. Student support services
(a) Program authority
The Secretary shall carry out a program to be known as student support services which shall be designed—
(1) to increase college retention and graduation rates for eligible students;
(2) to increase the transfer rates of eligible students from 2-year to 4-year institutions;
(3) to foster an institutional climate supportive of the success of students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in
(4) to improve the financial literacy and economic literacy of students, including—
(A) basic personal income, household money management, and financial planning skills; and
(B) basic economic decisionmaking skills.
(b) Required services
A project assisted under this section shall provide—
(1) academic tutoring, directly or through other services provided by the institution, to enable students to complete postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
(2) advice and assistance in postsecondary course selection;
(3)(A) information on both the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
(B) assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in
(4) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;
(5) activities designed to assist students participating in the project in applying for admission to, and obtaining financial assistance for enrollment in, graduate and professional programs; and
(6) activities designed to assist students enrolled in two-year institutions of higher education in applying for admission to, and obtaining financial assistance for enrollment in, a four-year program of postsecondary education.
(c) Permissible services
A project assisted under this section may provide services such as—
(1) individualized counseling for personal, career, and academic matters provided by assigned counselors;
(2) information, activities, and instruction designed to acquaint students participating in the project with the range of career options available to the students;
(3) exposure to cultural events and academic programs not usually available to disadvantaged students;
(4) mentoring programs involving faculty or upper class students, or a combination thereof;
(5) securing temporary housing during breaks in the academic year for—
(A) students who are homeless children and youths (as such term is defined in
(B) students who are in foster care or are aging out of the foster care system; and
(6) programs and activities as described in subsection (b) or paragraphs (1) through (4) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in
(d) Special rule
(1) Use for student aid
A recipient of a grant that undertakes any of the permissible services identified in subsection (c) may, in addition, use such funds to provide grant aid to students. A grant provided under this paragraph shall not exceed the Federal Pell Grant amount, determined under
(2) Eligible students
For purposes of receiving grant aid under this subsection, eligible students shall be current participants in the student support services program offered by the institution and be—
(A) students who are in their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1 of part A; or
(B) students who have completed their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1 if the institution demonstrates to the satisfaction of the Secretary that—
(i) these students are at high risk of dropping out; and
(ii) it will first meet the needs of all its eligible first- and second-year students for services under this paragraph.
(3) Determination of need
A grant provided to a student under paragraph (1) shall not be considered in determining that student's need for grant or work assistance under this subchapter, except that in no case shall the total amount of student financial assistance awarded to a student under this subchapter exceed that student's cost of attendance, as defined in
(4) Matching required
A recipient of a grant who uses such funds for the purpose described in paragraph (1) shall match the funds used for such purpose, in cash, from non-Federal funds, in an amount that is not less than 33 percent of the total amount of funds used for that purpose. This paragraph shall not apply to any grant recipient that is an institution of higher education eligible to receive funds under part A or B of subchapter III or subchapter V.
(5) Reservation
In no event may a recipient use more than 20 percent of the funds received under this section for grant aid.
(6) Supplement, not supplant
Funds received by a grant recipient that are used under this subsection shall be used to supplement, and not supplant, non-Federal funds expended for student support services programs.
(e) Requirements for approval of applications
In approving applications for projects under this section for any fiscal year, the Secretary shall—
(1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application—
(A) be individuals with disabilities; or
(B) be low-income individuals who are first generation college students;
(2) require an assurance that the remaining students participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or individuals with disabilities;
(3) require an assurance that not less than one-third of the individuals with disabilities participating in the project be low-income individuals;
(4) require that there be a determination by the institution, with respect to each participant in such project, that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;
(5) require that such participants be enrolled or accepted for enrollment at the institution which is the recipient of the grant or contract; and
(6) consider, in addition to such other criteria as the Secretary may prescribe, the institution's effort, and where applicable past history, in—
(A) providing sufficient financial assistance to meet the full financial need of each student in the project; and
(B) maintaining the loan burden of each such student at a manageable level.
(
Amendments
2010—Subsec. (d)(1).
2008—Subsec. (a)(3), (4).
Subsec. (b).
Subsecs. (c), (d).
Subsec. (d)(1).
Subsec. (e).
2000—Subsecs. (c), (d).
1998—Subsec. (c)(6).
1993—Subsec. (c)(2).
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2000 Amendment
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
§1070a–15. Postbaccalaureate achievement program authority
(a) Program authority
The Secretary shall carry out a program to be known as the "Ronald E. McNair Postbaccalaureate Achievement Program" that shall be designed to provide disadvantaged college students with effective preparation for doctoral study.
(b) Required services
A project assisted under this section shall provide—
(1) opportunities for research or other scholarly activities at the institution or at graduate centers designed to provide students with effective preparation for doctoral study;
(2) summer internships;
(3) seminars and other educational activities designed to prepare students for doctoral study;
(4) tutoring;
(5) academic counseling; and
(6) activities designed to assist students participating in the project in securing admission to and financial assistance for enrollment in graduate programs.
(c) Permissible services
A project assisted under this section may provide services such as—
(1) education or counseling services designed to improve the financial literacy and economic literacy of students, including financial planning for postsecondary education;
(2) mentoring programs involving faculty members at institutions of higher education, students, or any combination of such persons; and
(3) exposure to cultural events and academic programs not usually available to disadvantaged students.
(d) Requirements
In approving applications for projects assisted under this section for any fiscal year, the Secretary shall require—
(1) an assurance that not less than two-thirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
(2) an assurance that the remaining persons participating in the project proposed to be carried out be from a group that is underrepresented in graduate education, including—
(A) Alaska Natives, as defined in
(B) Native Hawaiians, as defined in
(C) Native American Pacific Islanders, as defined in
(3) an assurance that participants be enrolled in a degree program at an eligible institution having an agreement with the Secretary in accordance with the provisions of
(4) an assurance that participants in summer research internships have completed their sophomore year in postsecondary education.
(e) Award considerations
In addition to such other selection criteria as may be prescribed by regulations, the Secretary shall consider in making awards to institutions under this section—
(1) the quality of research and other scholarly activities in which students will be involved;
(2) the level of faculty involvement in the project and the description of the research in which students will be involved; and
(3) the institution's plan for identifying and recruiting participants including students enrolled in projects authorized under this section.
(f) Maximum stipends
Students participating in research under a project under this section may receive an award that—
(1) shall include a stipend not to exceed $2,800 per annum; and
(2) may include, in addition, the costs of summer tuition, summer room and board, and transportation to summer programs.
(g) Funding
From amounts appropriated pursuant to the authority of
(
Amendments
2015—Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
2009—Subsec. (d)(2)(C).
2008—Subsec. (b).
Subsec. (b)(5) to (8).
"(7) mentoring programs involving faculty members at institutions of higher education, students, or any combination of such persons; and
"(8) exposure to cultural events and academic programs not usually available to disadvantaged students."
Subsec. (c).
Subsec. (d).
Subsec. (d)(2).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1998—Subsec. (e)(1).
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
§1070a–16. Educational opportunity centers
(a) Program authority; services provided
The Secretary shall carry out a program to be known as educational opportunity centers which shall be designed—
(1) to provide information with respect to financial and academic assistance available for individuals desiring to pursue a program of postsecondary education;
(2) to provide assistance to such persons in applying for admission to institutions at which a program of postsecondary education is offered, including preparing necessary applications for use by admissions and financial aid officers; and
(3) to improve the financial literacy and economic literacy of students, including—
(A) basic personal income, household money management, and financial planning skills; and
(B) basic economic decisionmaking skills.
(b) Permissible services
An educational opportunity center assisted under this section may provide services such as—
(1) public information campaigns designed to inform the community regarding opportunities for postsecondary education and training;
(2) academic advice and assistance in course selection;
(3) assistance in completing college admission and financial aid applications;
(4) assistance in preparing for college entrance examinations;
(5) education or counseling services designed to improve the financial literacy and economic literacy of students;
(6) guidance on secondary school reentry or entry to a general educational development (GED) program or other alternative education programs for secondary school dropouts;
(7) individualized personal, career, and academic counseling;
(8) tutorial services;
(9) career workshops and counseling;
(10) mentoring programs involving elementary or secondary school teachers, faculty members at institutions of higher education, students, or any combination of such persons; and
(11) programs and activities as described in paragraphs (1) through (10) that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in
(c) Requirements for approval of applications
In approving applications for educational opportunity centers under this section for any fiscal year the Secretary shall—
(1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
(2) require that such participants be persons who are at least nineteen years of age, unless the imposition of such limitation with respect to any person would defeat the purposes of this section or the purposes of
(3) require an assurance that individuals participating in the project proposed in the application do not have access to services from another project funded under this section or under
(
Amendments
2008—Subsec. (a)(3).
Subsec. (b)(5), (6).
Subsec. (b)(7).
Subsec. (b)(8) to (10).
Subsec. (b)(11).
§1070a–17. Staff development activities
(a) Secretary's authority
For the purpose of improving the operation of the programs and projects authorized by this division, the Secretary is authorized to make grants to institutions of higher education and other public and private nonprofit institutions and organizations to provide training for staff and leadership personnel employed in, participating in, or preparing for employment in, such programs and projects.
(b) Contents of training programs
Such training shall include conferences, internships, seminars, workshops, and the publication of manuals designed to improve the operation of such programs and projects and shall be carried out in the various regions of the Nation in order to ensure that the training opportunities are appropriate to meet the needs in the local areas being served by such programs and projects. Such training shall be offered annually for new directors of projects funded under this division as well as annually on the following topics and other topics chosen by the Secretary:
(1) Legislative and regulatory requirements for the operation of programs funded under this division.
(2) Assisting students in receiving adequate financial aid from programs assisted under this subchapter and other programs.
(3) The design and operation of model programs for projects funded under this division.
(4) The use of appropriate educational technology in the operation of projects assisted under this division.
(5) Strategies for recruiting and serving hard to reach populations, including students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in
(c) Consultation
Grants for the purposes of this section shall be made only after consultation with regional and State professional associations of persons having special knowledge with respect to the needs and problems of such programs and projects.
(
Amendments
2008—Subsec. (b)(5).
1998—Subsec. (a).
Subsec. (b)(4).
Effective Date of 1998 Amendment
Amendment by
§1070a–18. Reports, evaluations, and grants for project improvement and dissemination
(a) Reports to the authorizing committees
(1) In general
The Secretary shall submit annually, to the authorizing committees, a report that documents the performance of all programs funded under this division. Such report shall—
(A) be submitted not later than 12 months after the eligible entities receiving funds under this division are required to report their performance to the Secretary;
(B) focus on the programs' performance on the relevant outcome criteria determined under
(C) aggregate individual project performance data on the outcome criteria in order to provide national performance data for each program;
(D) include, when appropriate, descriptive data, multi-year data, and multi-cohort data; and
(E) include comparable data on the performance nationally of low-income students, first-generation students, and students with disabilities.
(2) Information
The Secretary shall provide, with each report submitted under paragraph (1), information on the impact of the secondary review process described in
(b) Evaluations
(1) In general
(A) Authorization of grants and contracts
For the purpose of improving the effectiveness of the programs and projects assisted under this division, the Secretary shall make grants to, or enter into contracts with, institutions of higher education and other public and private institutions and organizations to rigorously evaluate the effectiveness of the programs and projects assisted under this division, including a rigorous evaluation of the programs and projects assisted under
(B) Content of upward bound evaluation
The evaluation of the programs and projects assisted under
(C) Implementation
Each evaluation described in this paragraph shall be implemented in accordance with the requirements of this section.
(2) Practices
(A) In general
The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are effective in—
(i) enhancing the access of low-income individuals and first-generation college students to postsecondary education;
(ii) the preparation of such individuals and students for postsecondary education; and
(iii) fostering the success of the individuals and students in postsecondary education.
(B) Primary purpose
Any evaluation conducted under this division shall have as the evaluation's primary purpose the identification of particular practices that further the achievement of the outcome criteria determined under
(C) Dissemination and use of evaluation findings
The Secretary shall disseminate to eligible entities and make available to the public the practices identified under subparagraph (B). The practices may be used by eligible entities that receive assistance under this division after the dissemination.
(3) Special rule related to evaluation participation
The Secretary shall not require an eligible entity, as a condition for receiving, or that receives, assistance under any program or project under this division to participate in an evaluation under this section that—
(A) requires the eligible entity to recruit additional students beyond those the program or project would normally recruit; or
(B) results in the denial of services for an eligible student under the program or project.
(4) Consideration
When designing an evaluation under this subsection, the Secretary shall continue to consider—
(A) the burden placed on the program participants or the eligible entity; and
(B) whether the evaluation meets generally accepted standards of institutional review boards.
(c) Grants
The Secretary may award grants to institutions of higher education or other private and public institutions and organizations, that are carrying out a program or project assisted under this division prior to October 7, 1998, to enable the institutions and organizations to expand and leverage the success of such programs or projects by working in partnership with other institutions, community-based organizations, or combinations of such institutions and organizations, that are not receiving assistance under this division and are serving low-income students and first generation college students, in order to—
(1) disseminate and replicate best practices of programs or projects assisted under this division; and
(2) provide technical assistance regarding programs and projects assisted under this division.
(d) Results
In order to improve overall program or project effectiveness, the results of evaluations and grants described in this section shall be disseminated by the Secretary to similar programs or projects assisted under this subpart, as well as other individuals concerned with postsecondary access for and retention of low-income individuals and first-generation college students.
(
Amendments
2008—
Subsec. (a).
Subsec. (b).
"(1)
"(2)
Former subsec. (b) redesignated (c).
Subsecs. (c), (d).
1998—
Effective Date of 1998 Amendment
Amendment by
Division 2—Gaining Early Awareness and Readiness for Undergraduate Programs
Codification
§1070a–21. Early intervention and college awareness program authorized
(a) Program authorized
The Secretary is authorized, in accordance with the requirements of this division, to establish a program that encourages eligible entities to provide support, and maintain a commitment, to eligible low-income students, including students with disabilities, to assist the students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare for and succeed in postsecondary education, by providing—
(1) financial assistance, academic support, additional counseling, mentoring, outreach, and supportive services to secondary school students, including students with disabilities, to reduce—
(A) the risk of such students dropping out of school; or
(B) the need for remedial education for such students at the postsecondary level; and
(2) information to students and their families about the advantages of obtaining a postsecondary education and, college financing options for the students and their families.
(b) Awards
(1) In general
From funds appropriated under
(2) Award period
The Secretary may award a grant under this division to an eligible entity described in paragraphs (1) and (2) of subsection (c) for—
(A) six years; or
(B) in the case of an eligible entity that applies for a grant under this division for seven years to enable the eligible entity to provide services to a student through the student's first year of attendance at an institution of higher education, seven years.
(3) Priority
In making awards to eligible entities described in subsection (c)(1), the Secretary shall—
(A) give priority to eligible entities that—
(i) on the day before August 14, 2008, carried out successful educational opportunity programs under this division (as this division was in effect on such day); and
(ii) have a prior, demonstrated commitment to early intervention leading to college access through collaboration and replication of successful strategies; and
(B) ensure that students served under this division on the day before August 14, 2008, continue to receive assistance through the completion of secondary school.
(c) "Eligible entity" defined
For the purposes of this division, the term "eligible entity" means—
(1) a State; or
(2) a partnership—
(A) consisting of—
(i) one or more local educational agencies; and
(ii) one or more degree granting institutions of higher education; and
(B) which may include not less than two other community organizations or entities, such as businesses, professional organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4, or other public or private agencies or organizations.
(
Prior Provisions
A prior section 1070a–21,
Amendments
2008—Subsec. (a).
"(1) encourages eligible entities to provide or maintain a guarantee to eligible low-income students who obtain a secondary school diploma (or its recognized equivalent), of the financial assistance necessary to permit the students to attend an institution of higher education; and
"(2) supports eligible entities in providing—
"(A) additional counseling, mentoring, academic support, outreach, and supportive services to elementary school, middle school, and secondary school students who are at risk of dropping out of school; and
"(B) information to students and their parents about the advantages of obtaining a postsecondary education and the college financing options for the students and their parents."
Subsec. (b)(2), (3).
Subsec. (c)(2).
"(A) one or more local educational agencies acting on behalf of—
"(i) one or more elementary schools or secondary schools; and
"(ii) the secondary schools that students from the schools described in clause (i) would normally attend;
"(B) one or more degree granting institutions of higher education; and
"(C) at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4 of this part, or other public or private agencies or organizations."
Effective Date
Division effective Oct. 1, 1998, except as otherwise provided in
Evaluation of Tuition Guaranty Programs
§1070a–22. Requirements
(a) Funding rules
In awarding grants from the amount appropriated under
(1) to eligible entities described in
(2) to eligible entities described in
(3) to eligible entities described in paragraph (1) or (2) of
(A) the geographic distribution of such grant awards; and
(B) the distribution of such grant awards between urban and rural applicants.
(b) Coordination
Each eligible entity shall ensure that the activities assisted under this division are, to the extent practicable, coordinated with, and complement and enhance—
(1) services under this division provided by other eligible entities serving the same school district or State; and
(2) related services under other Federal or non-Federal programs.
(c) Designation of fiscal agent
An eligible entity described in
(d) Cohort approach
(1) In general
The Secretary shall require that eligible entities described in
(A) provide services under this division to at least one grade level of students, beginning not later than 7th grade, in a participating school that has a 7th grade and in which at least 50 percent of the students enrolled are eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act [
(B) ensure that the services are provided through the 12th grade to students in the participating grade level and provide the option of continued services through the student's first year of attendance at an institution of higher education to the extent the provision of such services was described in the eligible entity's application for assistance under this division; and
(C) provide services under this division to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.
(2) Coordination requirement
In order for the Secretary to require the cohort approach described in paragraph (1), the Secretary shall, where applicable, ensure that the cohort approach is done in coordination and collaboration with existing early intervention programs and does not duplicate the services already provided to a school or community.
(e) Supplement, not supplant
Grant funds awarded under this division shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities assisted under this division.
(
References in Text
The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(1)(A), is act June 4, 1946, ch. 281,
Prior Provisions
A prior section 1070a–22,
Amendments
2008—Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsec. (d)(1)(B), (C).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1999—Subsec. (g)(1)(A).
§1070a–23. Applications
(a) Application required for eligibility
(1) In general
In order for an eligible entity to qualify for a grant under this division, the eligible entity shall submit to the Secretary an application for carrying out the program under this division.
(2) Contents
Each application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may reasonably require. Each such application shall, at a minimum—
(A) describe the activities for which assistance under this division is sought, including how the eligible entity will carry out the required activities described in
(B) describe, in the case of an eligible entity described in
(C) describe, in the case of an eligible entity described in
(D) provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in
(E) provide assurances that activities assisted under this division will not displace an employee or eliminate a position at a school assisted under this division, including a partial displacement such as a reduction in hours, wages, or employment benefits;
(F) describe, in the case of an eligible entity described in
(i) how vacancies in the program under this division will be filled; and
(ii) how the eligible entity will serve students attending different secondary schools;
(G) describe how the eligible entity will coordinate programs under this division with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;
(H) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division;
(I) provide information about the activities that will be carried out by the eligible entity to support systemic changes from which future cohorts of students will benefit; and
(J) describe the sources of matching funds that will enable the eligible entity to meet the matching requirement described in subsection (b).
(b) Matching requirement
(1) In general
The Secretary shall not approve an application submitted under subsection (a) unless such application—
(A) provides that the eligible entity will provide, from State, local, institutional, or private funds, not less than 50 percent of the cost of the program, which matching funds may be provided in cash or in kind and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period;
(B) specifies the methods by which matching funds will be paid; and
(C) includes provisions designed to ensure that funds provided under this division shall supplement and not supplant funds expended for existing programs.
(2) Special rule
Notwithstanding the matching requirement described in paragraph (1)(A), the Secretary may by regulation modify the percentage requirement described in paragraph (1)(A) for eligible entities described in
(A) at the time of application—
(i) if the eligible entity demonstrates significant economic hardship that precludes the eligible entity from meeting the matching requirement; or
(ii) if the eligible entity is described in
(B) in response to a petition by an eligible entity subsequent to a grant award under this section if the eligible entity demonstrates that the matching funds described in its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching funds.
(c) Methods for complying with matching requirement
An eligible entity may count toward the matching requirement described in subsection (b)(1)(A)—
(1) the amount of the financial assistance obligated to students from State, local, institutional, or private funds under this division, including pre-existing non-Federal financial assistance programs, including—
(A) the amount contributed to a student scholarship fund established under
(B) the amount of the costs of administering the scholarship program under
(2) the amount of tuition, fees, room or board waived or reduced for recipients of financial assistance under this division;
(3) the amount expended on documented, targeted, long-term mentoring and counseling provided by volunteers or paid staff of nonschool organizations, including businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other organizations; and
(4) other resources recognized by the Secretary, including equipment and supplies, cash contributions from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.
(d) Peer review panels
The Secretary shall convene peer review panels to assist in making determinations regarding the awarding of grants under this division.
(
Prior Provisions
A prior section 1070a–23,
Amendments
2008—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
"(A) describe the activities for which assistance under this division is sought; and
"(B) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division."
Subsec. (b)(1).
Subsec. (b)(1)(A).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(4).
§1070a–24. Activities
(a) Required activities
Each eligible entity receiving a grant under this division shall provide comprehensive mentoring, outreach, and supportive services to students participating in the programs under this division. Such activities shall include the following:
(1) Providing information regarding financial aid for postsecondary education to participating students in the cohort described in
(2) Encouraging student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level.
(3) Improving the number of participating students who—
(A) obtain a secondary school diploma; and
(B) complete applications for and enroll in a program of postsecondary education.
(4) In the case of an eligible entity described in
(b) Permissible activities for States and partnerships
An eligible entity that receives a grant under this division may use grant funds to carry out one or more of the following activities:
(1) Providing tutors and mentors, who may include adults or former participants of a program under this division, for eligible students.
(2) Conducting outreach activities to recruit priority students described in subsection (d) to participate in program activities.
(3) Providing supportive services to eligible students.
(4) Supporting the development or implementation of rigorous academic curricula, which may include college preparatory, Advanced Placement, or International Baccalaureate programs, and providing participating students access to rigorous core academic courses that reflect challenging State academic standards.
(5) Supporting dual or concurrent enrollment programs between the secondary school and institution of higher education partners of an eligible entity described in
(A) meeting challenging State academic standards;
(B) successfully applying for postsecondary education;
(C) successfully applying for student financial aid; and
(D) developing graduation and career plans.
(6) Providing special programs or tutoring in science, technology, engineering, or mathematics.
(7) In the case of an eligible entity described in
(8) Introducing eligible students to institutions of higher education, through trips and school-based sessions.
(9) Providing an intensive extended school day, school year, or summer program that offers—
(A) additional academic classes; or
(B) assistance with college admission applications.
(10) Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as—
(A) the identification of at-risk children;
(B) after-school and summer tutoring;
(C) assistance to at-risk children in obtaining summer jobs;
(D) academic counseling;
(E) financial literacy and economic literacy education or counseling;
(F) volunteer and parent involvement;
(G) encouraging former or current participants of a program under this division to serve as peer counselors;
(H) skills assessments;
(I) personal and family counseling, and home visits;
(J) staff development; and
(K) programs and activities described in this subsection that are specially designed for students who are limited English proficient.
(11) Enabling eligible students to enroll in Advanced Placement or International Baccalaureate courses, or college entrance examination preparation courses.
(12) Providing services to eligible students in the participating cohort described in
(13) Fostering and improving parent and family involvement in elementary and secondary education by promoting the advantages of a college education, and emphasizing academic admission requirements and the need to take college preparation courses, through parent engagement and leadership activities.
(14) Disseminating information that promotes the importance of higher education, explains college preparation and admission requirements, and raises awareness of the resources and services provided by the eligible entities to eligible students, their families, and communities.
(15) In the event that matching funds described in the application are no longer available, engaging entities described in
(c) Additional permissible activities for States
In addition to the required activities described in subsection (a) and the permissible activities described in subsection (b), an eligible entity described in
(1) Providing technical assistance to—
(A) secondary schools that are located within the State; or
(B) partnerships described in
(2) Providing professional development opportunities to individuals working with eligible cohorts of students described in
(3) Providing administrative support to help build the capacity of eligible entities described in
(4) Providing strategies and activities that align efforts in the State to prepare eligible students to attend and succeed in postsecondary education, which may include the development of graduation and career plans.
(5) Disseminating information on the use of scientifically valid research and best practices to improve services for eligible students.
(6)(A) Disseminating information on effective coursework and support services that assist students in obtaining the goals described in subparagraph (B)(ii).
(B) Identifying and disseminating information on best practices with respect to—
(i) increasing parental involvement; and
(ii) preparing students, including students with disabilities and students who are limited English proficient, to succeed academically in, and prepare financially for, postsecondary education.
(7) Working to align State academic standards and curricula with the expectations of postsecondary institutions and employers.
(8) Developing alternatives to traditional secondary school that give students a head start on attaining a recognized postsecondary credential (including an industry-recognized certificate, an apprenticeship, or an associate's or a bachelor's degree), including school designs that give students early exposure to college-level courses and experiences and allow students to earn transferable college credits or an associate's degree at the same time as a secondary school diploma.
(9) Creating community college programs for drop-outs that are personalized drop-out recovery programs that allow drop-outs to complete a regular secondary school diploma and begin college-level work.
(d) Priority students
For eligible entities not using a cohort approach, the eligible entity shall treat as a priority student any student in secondary school who is—
(1) eligible to be counted under
(2) eligible for assistance under a State program funded under part A or E of title IV of the Social Security Act (
(3) eligible for assistance under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (
(4) otherwise considered by the eligible entity to be a disconnected student.
(e) Allowable providers
In the case of eligible entities described in
(
References in Text
The Social Security Act, referred to in subsec. (d)(2), is act Aug. 14, 1935, ch. 531,
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (d)(3), is
Prior Provisions
A prior section 1070a–24,
Amendments
2008—
1999—Subsec. (c)(2).
§1070a–25. Scholarship component
(a) In general
(1) States
In order to receive a grant under this division, an eligible entity described in
(2) Partnerships
An eligible entity described in
(b) Limitation
(1) In general
Subject to paragraph (2), each eligible entity described in
(2) Exception
Notwithstanding paragraph (1), the Secretary may allow an eligible entity to use more than 50 percent of grant funds received under this division for such activities, if the eligible entity demonstrates that the eligible entity has another means of providing the students with the financial assistance described in this section and describes such means in the application submitted under
(c) Notification of eligibility
Each eligible entity providing scholarships under this section shall provide information on the eligibility requirements for the scholarships to all participating students upon the students' entry into the programs assisted under this division.
(d) Grant amounts
The maximum amount of a scholarship that an eligible student shall be eligible to receive under this section shall be established by the eligible entity. The minimum amount of the scholarship for each fiscal year shall not be less than the minimum Federal Pell Grant award under
(e) Portability of assistance
(1) In general
Each eligible entity described in
(2) Requirement for portability
Funds held in reserve under paragraph (1) shall be made available to an eligible student when the eligible student has—
(A) completed a secondary school diploma, its recognized equivalent, or another recognized alternative standard for individuals with disabilities; and
(B) enrolled in an institution of higher education.
(3) Qualified educational expenses
Funds available to an eligible student under this subsection may be used for—
(A) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of the eligible student at an institution of higher education; and
(B) in the case of an eligible student with special needs, expenses for special needs services that are incurred in connection with such enrollment or attendance.
(4) Return of funds
(A) Redistribution
(i) In general
Funds held in reserve under paragraph (1) that are not used by an eligible student within six years of the student's scheduled completion of secondary school may be redistributed by the eligible entity to other eligible students.
(ii) Return of excess to the Secretary
If, after meeting the requirements of paragraph (1) and, if applicable, redistributing excess funds in accordance with clause (i) of this subparagraph, an eligible entity has funds held in reserve under paragraph (1) that remain available, the eligible entity shall return such remaining reserved funds to the Secretary for distribution to other grantees under this division in accordance with the funding rules described in
(B) Nonparticipating entity
Notwithstanding subparagraph (A), in the case of an eligible entity that does not receive assistance under this subpart for six fiscal years, the eligible entity shall return any funds held in reserve under paragraph (1) that are not awarded or obligated to eligible students to the Secretary for distribution to other grantees under this division.
(f) Relation to other assistance
Scholarships provided under this section shall not be considered for the purpose of awarding Federal grant assistance under this subchapter, except that in no case shall the total amount of student financial assistance awarded to a student under this subchapter exceed such student's total cost of attendance.
(g) Eligible students
A student eligible for assistance under this section is a student who—
(1) is less than 22 years old at time of first scholarship award under this section;
(2) receives a secondary school diploma or its recognized equivalent on or after January 1, 1993;
(3) is enrolled or accepted for enrollment in a program of undergraduate instruction at an institution of higher education that is located within the State's boundaries, except that, at the State's option, an eligible entity may offer scholarship program portability for recipients who attend institutions of higher education outside such State; and
(4) who participated in the activities required under
(
Prior Provisions
A prior section 1070a–25,
Amendments
2008—Subsecs. (b), (c).
Subsec. (d).
"(1) 75 percent of the average cost of attendance for an in-State student, in a 4-year program of instruction, at public institutions of higher education in such State, as determined in accordance with regulations prescribed by the Secretary; or
"(2) the maximum Federal Pell Grant funded under
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(4).
Effective Date of 2008 Amendment
"(1)
"(2)
§1070a–26. 21st Century Scholar Certificates
(a) In general
An eligible entity that receives a grant under this division shall provide certificates, to be known as 21st Century Scholar Certificates, to all students served by the eligible entity who are participating in a program under this division.
(b) Information required
A 21st Century Scholar Certificate shall be personalized for each student and indicate the amount of Federal financial aid for college and the estimated amount of any scholarship provided under
(
Prior Provisions
A prior section 1070a–26,
Amendments
2008—
1999—Subsec. (a)(2).
§1070a–27. Evaluation and report
(a) Evaluation
Each eligible entity receiving a grant under this division shall biennially evaluate the activities assisted under this division in accordance with the standards described in subsection (b) and shall submit to the Secretary a copy of such evaluation. The evaluation shall permit service providers to track eligible student progress during the period such students are participating in the activities and shall be consistent with the standards developed by the Secretary pursuant to subsection (b).
(b) Evaluation standards
The Secretary shall prescribe standards for the evaluation described in subsection (a). Such standards shall—
(1) provide for input from eligible entities and service providers; and
(2) ensure that data protocols and procedures are consistent and uniform.
(c) Federal evaluation
In order to evaluate and improve the impact of the activities assisted under this division, the Secretary shall, from not more than 0.75 percent of the funds appropriated under
(1) the implementation of the scholarship component described in
(2) the use of methods for complying with matching requirements described in paragraphs (1) and (2) of
(d) Report
The Secretary shall biennially report to Congress regarding the activities assisted under this division and the evaluations conducted pursuant to this section.
(
Prior Provisions
A prior section 1070a–27,
Amendments
2008—Subsec. (c).
§1070a–28. Authorization of appropriations
There are authorized to be appropriated to carry out this division $400,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.
(
Amendments
2008—
Division 3—[Repealed]
Codification
§§1070a–31 to 1070a–35. Repealed. Pub. L. 110–315, title IV, §405, Aug. 14, 2008, 122 Stat. 3215
Section 1070a–31,
A prior section 1070a–31,
Section 1070a–32,
A prior section 1070a–32,
Section 1070a–33,
A prior section 1070a–33,
Section 1070a–34,
A prior section 1070a–34,
Section 1070a–35,
A prior section 1070a–35,
Prior sections 1070a–36 and 1070a–37 were omitted in the general amendment of this division by
Section 1070a–36,
Section 1070a–37,
Division 4—Model Program Community Partnership and Counseling Grants
§§1070a–41 to 1070a–43. Repealed. Pub. L. 105–244, title IV, §405, Oct. 7, 1998, 112 Stat. 1664
Section 1070a–41,
Section 1070a–42,
Section 1070a–43,
Effective Date of Repeal
Repeal effective Oct. 1, 1998, except as otherwise provided in
Division 5—Public Information
§§1070a–51 to 1070a–53. Repealed. Pub. L. 105–244, title IV, §405, Oct. 7, 1998, 112 Stat. 1664
Section 1070a–51,
Section 1070a–52,
Section 1070a–53,
Effective Date of Repeal
Repeal effective Oct. 1, 1998, except as otherwise provided in
Division 6—National Student Savings Demonstration Program
§1070a–61. Repealed. Pub. L. 105–244, title IV, §405, Oct. 7, 1998, 112 Stat. 1664
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1998, except as otherwise provided in
Division 7—Preeligibility Form
§1070a–71. Repealed. Pub. L. 105–244, title IV, §405, Oct. 7, 1998, 112 Stat. 1664
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1998, except as otherwise provided in
Division 8—Technical Assistance for Teachers and Counselors
§1070a–81. Repealed. Pub. L. 105–244, title IV, §405, Oct. 7, 1998, 112 Stat. 1664
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1998, except as otherwise provided in
subpart 3—federal supplemental educational opportunity grants
Codification
§1070b. Purpose; appropriations authorized
(a) Purpose of subpart
It is the purpose of this subpart to provide, through institutions of higher education, supplemental grants to assist in making available the benefits of postsecondary education to qualified students who demonstrate financial need in accordance with the provisions of part F of this subchapter.
(b) Authorization of appropriations
(1) For the purpose of enabling the Secretary to make payments to institutions of higher education which have made agreements with the Secretary in accordance with
(2) Sums appropriated pursuant to this subsection for any fiscal year shall be available for payments to institutions until the end of the second fiscal year succeeding the fiscal year for which such sums were appropriated.
(
Prior Provisions
A prior section 1070b,
Amendments
2008—Subsec. (b)(1).
1998—Subsec. (b)(1).
1992—Subsec. (b).
Effective Date of 1998 Amendment
Amendment by
§1070b–1. Amount and duration of grants
(a) Amount of grant
(1) Except as provided in paragraph (3), from the funds received by it for such purpose under this subpart, an institution which awards a supplemental grant to a student for an academic year under this subpart shall, for each year, pay to that student an amount not to exceed the lesser of (A) the amount determined by the institution, in accordance with the provisions of part F of this subchapter, to be needed by that student to enable the student to pursue a course of study at the institution or in a program of study abroad that is approved for credit by the institution at which the student is enrolled, or (B) $4,000.
(2) If the amount determined under paragraph (1) with respect to a student for any academic year is less than $100, no payment shall be made to that student for that year. For a student enrolled for less than a full academic year, the minimum payment required shall be reduced proportionately.
(3) For students participating in study abroad programs, the institution shall consider all reasonable costs associated with such study abroad when determining student eligibility. The amount of grant to be awarded in such cases may exceed the maximum amount of $4,000 by as much as $400 if reasonable study abroad costs exceed the cost of attendance at the home institution.
(b) Period for receipt of grants; continuing eligibility
(1) The period during which a student may receive supplemental grants shall be the period required for the completion of the first undergraduate baccalaureate course of study being pursued by that student.
(2) A supplemental grant awarded under this subpart shall entitle the student (to whom it is awarded) to payments pursuant to such grant only if the student meets the requirements of
(c) Distribution of grant during academic year
Nothing in this section shall be construed to prohibit an institution from making payments of varying amounts from a supplemental grant to a student during an academic year to cover costs for a period which are not applicable to other periods of such academic year.
(
Prior Provisions
A prior section 1070b–1,
Amendments
1992—Subsec. (a)(1).
Subsec. (a)(3).
§1070b–2. Agreements with institutions; selection of recipients
(a) Institutional eligibility
Assistance may be made available under this subpart only to an institution which—
(1) has, in accordance with
(2) agrees that the Federal share of awards under this subpart will not exceed 75 percent of such awards, except that the Federal share may be exceeded if the Secretary determines, pursuant to regulations establishing objective criteria for such determinations, that a larger Federal share is required to further the purpose of this subpart; and
(3) agrees that the non-Federal share of awards made under this subpart shall be made from the institution's own resources, including—
(A) institutional grants and scholarships;
(B) tuition or fee waivers;
(C) State scholarships; and
(D) foundation or other charitable organization funds.
(b) Eligibility for selection
Awards may be made under this subpart only to a student who—
(1) is an eligible student under
(2) makes application at a time and in a manner consistent with the requirements of the Secretary and that institution.
(c) Selection of individuals and determination of amount of awards
(1) From among individuals who are eligible for supplemental grants for each fiscal year, the institution shall, in accordance with the agreement under
(2)(A) In carrying out paragraph (1) of this subsection, each institution of higher education shall, in the agreement made under
(i) will be designed to award supplemental grants under this subpart, first, to students with exceptional need, and
(ii) will give a priority for supplemental grants under this subpart to students who receive Pell Grants and meet the requirements of
(B) For the purpose of subparagraph (A), the term "students with exceptional need" means students with the lowest expected family contributions at the institution.
(d) Use of funds for less-than-full-time students
If the institution's allocation under this subpart is directly or indirectly based in part on the financial need demonstrated by students who are independent students or attending the institution on less than a full-time basis, then a reasonable proportion of the allocation shall be made available to such students.
(e) Use and transfer of funds for administrative expenses
An agreement entered into pursuant to this section shall provide that funds granted to an institution of higher education may be used only to make payments to students participating in a grant program authorized under this subpart, except that an institution may use a portion of the sums allocated to it under this subpart to meet administrative expenses in accordance with
(
Prior Provisions
A prior section 1070b–2,
Amendments
1998—Subsec. (d).
1993—Subsec. (d).
1992—Subsec. (a)(2).
"(A) 95 percent of such awards in fiscal year 1989,
"(B) 90 percent of such awards in fiscal year 1990, and
"(C) 85 percent of such awards in fiscal year 1991,
except that the Federal share may be exceeded if the Secretary determines, pursuant to regulations establishing objective criteria for such determinations, that a larger Federal share is required to further the purpose of this subpart; and".
Subsec. (d).
Subsec. (e).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective Oct. 17, 1986, except as otherwise provided, see section 2 of
§1070b–3. Allocation of funds
(a) Allocation based on previous allocation
(1) From the amount appropriated pursuant to
(2)(A) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this subpart after fiscal year 1999 but is not a first or second time participant, an amount equal to the greater of—
(i) $5,000; or
(ii) 90 percent of the amount received and used under this subpart for the first year it participated in the program.
(B) From the amount so appropriated, the Secretary shall next allocate to each eligible institution that began participation in the program under this subpart after fiscal year 1999 and is a first or second time participant, an amount equal to the greatest of—
(i) $5,000;
(ii) an amount equal to (I) 90 percent of the amount received and used under this subpart in the second preceding fiscal year by eligible institutions offering comparable programs of instruction, divided by (II) the number of students enrolled at such comparable institutions in such fiscal year, multiplied by (III) the number of students enrolled at the applicant institution in such fiscal year; or
(iii) 90 percent of the institution's allocation under this part for the preceding fiscal year.
(C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the Secretary shall allocate to each eligible institution which—
(i) was a first-time participant in the program in fiscal year 2000 or any subsequent fiscal year, and
(ii) received a larger amount under this subsection in the second year of participation,
an amount equal to 90 percent of the amount it received under this subsection in its second year of participation.
(3)(A) If the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph (1) of this subsection, then the amount of the allocation to each such institution shall be ratably reduced.
(B) If the amount appropriated for any fiscal year is more than the amount required to be allocated to all institutions under paragraph (1) but less than the amount required to be allocated to all institutions under paragraph (2), then—
(i) the Secretary shall allot the amount required to be allocated to all institutions under paragraph (1), and
(ii) the amount of the allocation to each institution under paragraph (2) shall be ratably reduced.
(C) If additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under paragraphs (1) and (2) of this subsection).
(4)(A) Notwithstanding any other provision of this section, the Secretary may allocate an amount equal to not more than 10 percent of the amount by which the amount appropriated in any fiscal year to carry out this part exceeds $700,000,000 among eligible institutions described in subparagraph (B).
(B) In order to receive an allocation pursuant to subparagraph (A) an institution shall be an eligible institution from which 50 percent or more of the Pell Grant recipients attending such eligible institution graduate from or transfer to a 4-year institution of higher education.
(b) Allocation of excess based on fair share
(1) From the remainder of the amount appropriated pursuant to
(2) For any eligible institution, the excess eligible amount is the amount, if any, by which—
(A)(i) the amount of that institution's need (as determined under subsection (c)), divided by (ii) the sum of the need of all institutions (as so determined), multiplied by (iii) the amount appropriated pursuant to
(B) the amount required to be allocated to that institution under subsection (a).
(c) Determination of institution's need
(1) The amount of an institution's need is equal to—
(A) the sum of the need of the institution's eligible undergraduate students; minus
(B) the sum of grant aid received by students under subparts 1 and 3 1 of this part.
(2) To determine the need of an institution's eligible undergraduate students, the Secretary shall—
(A) establish various income categories for dependent and independent undergraduate students;
(B) establish an expected family contribution for each income category of dependent and independent undergraduate students, determined on the basis of the average expected family contribution (computed in accordance with part F of this subchapter) of a representative sample within each income category for the second preceding fiscal year;
(C) compute 75 percent of the average cost of attendance for all undergraduate students;
(D) multiply the number of eligible dependent students in each income category by 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C), minus the expected family contribution determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
(E) add the amounts determined under subparagraph (D) for each income category of dependent students;
(F) multiply the number of eligible independent students in each income category by 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C), minus the expected family contribution determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;
(G) add the amounts determined under subparagraph (F) for each income category of independent students; and
(H) add the amounts determined under subparagraphs (E) and (G).
(3)(A) For purposes of paragraph (2), the term "average cost of attendance" means the average of the attendance costs for undergraduate students, which shall include (i) tuition and fees determined in accordance with subparagraph (B), (ii) standard living expenses determined in accordance with subparagraph (C), and (iii) books and supplies determined in accordance with subparagraph (D).
(B) The average undergraduate tuition and fees described in subparagraph (A)(i) shall be computed on the basis of information reported by the institution to the Secretary, which shall include (i) total revenue received by the institution from undergraduate tuition and fees for the second year preceding the year for which it is applying for an allocation, and (ii) the institution's enrollment for such second preceding year.
(C) The standard living expense described in subparagraph (A)(ii) is equal to 150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college for a single independent student.
(D) The allowance for books and supplies described in subparagraph (A)(iii) is equal to $600.
(d) Reallocation of excess allocations
(1) If an institution returns to the Secretary any portion of the sums allocated to such institution under this section for any fiscal year the Secretary shall, in accordance with regulations, reallocate such excess to other institutions.
(2) If under paragraph (1) of this subsection an institution returns more than 10 percent of its allocation, the institution's allocation for the next fiscal year shall be reduced by the amount returned. The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program.
(e) Filing deadlines
The Secretary shall, from time to time, set dates before which institutions must file applications for allocations under this part.
(
References in Text
Subpart 3 of this part, referred to in subsec. (c)(1)(B), was redesignated subpart 4 by
Prior Provisions
A prior section 1070b–3,
Amendments
2008—Subsec. (a)(1).
Subsec. (c)(3)(D).
1998—Subsec. (a)(1).
Subsec. (a)(2)(A), (B).
Subsec. (a)(2)(C)(i).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2)(A)(i).
Subsecs. (d) to (f).
1993—Subsec. (d)(3)(C).
1992—Subsec. (a)(4).
Subsec. (e).
1987—Subsec. (d)(2)(D).
"(i) 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
"(ii) the average cost of attendance for all undergraduate students minus the expected family contribution determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;".
Subsec. (d)(2)(F).
"(i) 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or
"(ii) the average cost of attendance for all undergraduate students minus the expected family contribution determined under subparagraph (B) for that income category, except that the amount computed by such subtraction for any income category shall not be less than zero;".
Subsec. (d)(3)(A).
Subsec. (d)(3)(B).
Effective Date of 1998 Amendment
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date
Section 401(b)(6) of
1 See References in Text note below.
§1070b–4. Carryover and carryback authority
(a) Carryover authority
Of the sums made available to an eligible institution under this subpart for a fiscal year, not more than 10 percent may, at the discretion of the institution, remain available for expenditure during the succeeding fiscal year to carry out the program under this subpart.
(b) Carryback authority
(1) In general
Of the sums made available to an eligible institution under this subpart for a fiscal year, not more than 10 percent may, at the discretion of the institution, be used by the institution for expenditure for the fiscal year preceding the fiscal year for which the sums were appropriated.
(2) Use of carried-back funds
An eligible institution may make grants to students after the end of the academic year, but prior to the beginning of the succeeding fiscal year, from such succeeding fiscal year's appropriations.
(
Effective Date
Section effective Oct. 1, 1998, except as otherwise provided in
subpart 4—leveraging educational assistance partnership program
Codification
§1070c. Purpose; appropriations authorized
(a) Purpose of subpart
It is the purpose of this subpart to make incentive grants available to States to assist States in—
(1) providing grants to—
(A) eligible students attending institutions of higher education or participating in programs of study abroad that are approved for credit by institutions of higher education at which such students are enrolled; and
(B) eligible students for campus-based community service work-study; and
(2) carrying out the activities described in
(b) Authorization of appropriations; availability
(1) In general
There are authorized to be appropriated to carry out this subpart $200,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.
(2) Reservation
For any fiscal year for which the amount appropriated under paragraph (1) exceeds $30,000,000, the excess amount shall be available to carry out
(3) Availability
Sums appropriated pursuant to the authority of paragraph (1) for any fiscal year shall remain available for payments to States under this subpart until the end of the fiscal year succeeding the fiscal year for which such sums were appropriated.
(
Prior Provisions
A prior section 1070c,
Amendments
2008—Subsec. (b)(1), (2).
2000—Subsec. (a)(2).
1998—Subsec. (a).
"(1) eligible students attending institutions of higher education or participating in programs of study abroad that are approved for credit by institutions of higher education at which such students are enrolled; and
"(2) eligible students for campus-based community service work-study."
Subsec. (b)(1).
Subsec. (b)(2), (3).
1992—
"(a)
"(b)
"(2) Sums appropriated pursuant to paragraph (1) for any fiscal year shall remain available for payments to States under this subpart until the end of the fiscal year succeeding the fiscal year for which such sums were appropriated."
Effective Date of 1998 Amendment
Amendment by