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"(A) identify the factors referred to in paragraph (1) which were considered by the Secretary as factors that distorted the determination of compHance with subparagraphs (A) and (B) of section 312(b)(1); and "(B) contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination. APPLICATION REVIEW PROCESS

353. (a) REVIEW PANEL.—(1) All applications submitted 20 USC 1068. under this title by institutions of higher education shall be read by a panel of readers composed of individuals selected by the Secretary. The Secretary shall assure that no individual assigned under this section to review any application has any conflict of interest with regard to the application which might impair the impartiality with which the individual conducts the review under this section. "(2) The Secretary shall take care to assure that representatives of historically and predominantly Black colleges, Hispanic institutions, Native American colleges and universities, and institutions with substantial numbers of Hispanics, Native Americans, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians) are included as readers. ', "(3) All readers selected by the Secretary shall receive thorough Grants, instruction from the Secretary regarding the evaluation process for applications submitted under this title and consistent with the provisions of this title, including— "(A) explanations and examples of the types of activities referred to in section 311(b) that should receive special consideration for grants awarded under part A and of the types of activities referred to in section 323 that should receive special consideration for grants awarded under part B; f "(B) an enumeration of the factors to be used to determine the quality of applications submitted under this title; and "(C) an enumeration of the factors to be used to determine whether a grant should be awarded for a project under this title, the amount of any such grant, and the duration of any such grant. "(b) RECOMMENDATIONS OF PANEL.—In awarding grants under this title, the Secretary shall take into consideration the recommendations of the panel made under subsection (a). "(c) NOTIFICATION.—Not later than June 30 of each year, the Secretary shall notify each institution of higher education making an application under this title of— "(1) the scores given the applicant by the panel pursuant to this section; ,;, "(2) the recommendations of the panel with respect to such WGl C^application; and "(3) the reasons for the decision of the Secretary in awarding or refusing to award a grant under this title, and any modifications, if any, in the recommendations of the panel made by the Secretary. "SEC.

"COOPERATIVE ARRANGEMENTS

354. (a) GENERAL AUTHORITY.—The Secretary may make Grants. grants to encourage cooperative arrangements— 20 USC 1069. "SEC.

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"(1) with funds available to carry out part A, between institutions eligible for assistance under part A and between such institutions and institutions not receiving assistance under this title; or "(2) with funds available to carry out part B, between institutions eligible for assistance under part B and institutions not receiving assistance under this title; for the activities described in section 311(b) or section 323, as the case may be, so that the resources of the cooperating institutions might be combined and shared to achieve the purposes of such parts and avoid costly duplicative efforts and to enhance the development of part A and part B eligible institutions. "(b) PRIORITY.—The Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant institution. "(c) DURATION.—Grants to institutions having a cooperative arrangement may be made under this section for a period as determined under section 313 or section 323. iGrants.

20 USC 1069a.

SPECIAL PAYMENTS RULES

" SEC. 355. (a) HISTORICALLY B L A C K COLLEGE PAYMENTS RULE.—

Any historically Black college or university which, prior to September 30, 1986, received a grant under part A of this title as in effect prior to such date and continues to receive a grant under such part A for any fiscal year beginning after September 30, 1986, and ending prior to October 1, 1991, shall be paid from amounts appropriated to carry out part B of this title. "(b) OTHER INSTITUTIONS SPECIAL PAYMENT RULE.—Each eligible

institution other than an historically Black college or university which received a grant under part B of this title as in effect prior to such date and continues to receive a grant under such part B for any fiscal year beginning after September 30, 1986, and ending prior to October 1, 1991, shall be paid out of appropriations made pursuant to part A. "(c) SPECIAL RULE FOR UNOBLIGATED PART A AND PART B FUNDS.—

In any fiscal year in which amounts appropriated pursuant to part A or part B for this title are available for obligation in the year succeeding the year in which the funds were appropriated, the Secretary shall make such funds available for grants under section 332, relating to the endowment challenge grant program, for the same type of institution for which the grants would have been made had the funds been paid pursuant to such part A or part B. "ASSISTANCE TO INSTITUTIONS UNDER OTHER PROGRAMS

20 USC 1069b.

356. (a) ASSISTANCE ELIGIBILITY.—Each institution which the Secretary determines to be an institution eligible under part A or an institution eligible under part B shall be eligible for waivers in accordance with subsection (b). "(b) WAIVER APPLICABILITY.—(1) Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by an institution referred to in subsection (a) for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such application is otherwise approvable, to waive any requirement for a non-Federal share of the cost of the "SEC.

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program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions. "(2) The provisions of this section shall apply to any program authorized by title II, IV, VII, or VIII of this Act. "(c) LIMITATION.—The Secretary shall not waive, under subsection (b), the non-Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year. "LIMITATIONS

"SEC. 357. The funds appropriated under section 360 may not be State and local governments. used— "(1) for a school or department of divinity or any religious 20 USC 1069c. worship or sectarian activity; "(2) for an activity that is inconsistent with a State plan for desegregation of higher education applicable to such institution; "(3) for an activity that is inconsistent with a State plan of higher education applicable to such institution; or "(4) for purposes other than the purposes set forth in the approved application under which the funds were made available to the institution. PENALTIES

"SEC. 358. Whoever, being an officer, director, agent, or employee 20 USC I069d. of, or connected in any capacity with, any recipient of Federal financial assistance or grant pursuant to this title embezzles, willfully misapplies, steals, or obtains by fraud any of the funds which are the subject of such grant or assistance, shall be fined not more than $10,000 or imprisoned for not more than 2 years, or both. "CHALLENGE GRANT APPLICATION REQUIRED

"SEC. 359. The Secretary shall not make a Challenge Grant to any 20 USC 1069e. grantee institution under section 313(a)(2) or under part B which has not applied for funds under part C and complied with section 332(a)(1) of part C after September 30, 1989. "AUTHORIZATIONS OF APPROPRIATIONS

"SEC, 360. (a) AUTHORIZATIONS.—(1) There are authorized to be 20 USC I069f. appropriated to carry out part A $120,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(2)(A) There are authorized to be appropriated to carry out part B (other than section 326) $100,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(B) There are authorized to be appropriated to carry out section 326 $5,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(3) There are authorized to be appropriated to carry out part C $20,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(4) Funds appropriated for part C shall remain available until expended. "(b) USE OF MULTIPLE YEAR AWARDS.—In the event of a multiple year award to any institution under this title, the Secretary shall

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make funds available for such award from funds appropriated for this title for the fiscal year in which such funds are to be used by the recipient. "(c) RESERVATIONS.—If the amount appropriated under subsection (a)(1) for part A for any fiscal year beginning after September 30, 1986, equals or exceeds the amount appropriated for such part for fiscal year 1986— "(1) the Secretary shall, for such fiscal year, make available for use for the purposes of part A to institutions that are junior or community colleges not less than $51,400,000; and "(2) the Secretary shall, for such fiscal year— "(A) allocate 25 percent of the excess (above the amount ^d,. appropriated for part A for fiscal year 1986) among eligible institutions with the highest percentages of students who are Black Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and "(B) allocate 75 percent of such excess among other eligible institutions. "(d) RATABLE REDUCTION IN FISCAL YEARS IN WHICH AMOUNTS APPROPRIATED ARE INSUFFICIENT.—In any fiscal year in which the

sums appropriated for part A are insufficient to make the reservations required by subsection (c) of this section, the Secretary shall ratably reduce the amount of the reservation.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect July 1, 1987.

20 USC 1051 note.

TITLE IV—STUDENT ASSISTANCE SEC. 401. STUDENTS GRANTS REAUTHORIZED.

(a) AMENDMENT.—Part A of title IV of the Act (20 U.S.C. 1070 et seq.) is amended to read as follows: "TITLE IV—STUDENT ASSISTANCE U< "PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION STATEMENT OF PURPOSE; PROGRAM AUTHORIZATION

State and local governments. Disadvantaged persons. 20 USC 1070.

"SEC. 401. (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 section 484) in institutions of higher education by— "(1) providing basic educational opportunity grants to all it, eligible students; "(2) providing supplemental educational opportunity grants to ISO those students who demonstrate financial need; St* "(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) •ii to prepare students from low-income families for postsecondary education, and (C) to provide remedial (including remedial lansk guage study) and other services to students; and J "(5) providing assistance to institutions of higher education.

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"(b) SECRETARY REQUIRED TO CARRY OUT PURPOSES.—The Secretary shall, in accordance with subparts 1 through 8, carry out programs to achieve the purposes of this part. "SUBPART 1—BASIC EDUCATIONAL OPPORTUNITY GRANTS BASIC E D U C A T I O N A L OPPORTUNITY GRANTS: AMOUNT AND DETERMINATIONS; APPLICATIONS

411. (a) PROGRAM AUTHORITY AND METHOD OF DISTRIBUTION.—(1) The Secretary shall, during the period beginning July 1, 1972, and ending September 30, 1992, pay to each eligible institution such sums as may be necessary to pay to each eligible student (defined in accordance with section 484) for each academic year during which that student is in attendance at an institution of higher education, as an undergraduate, a basic grant in the amount for which that student is eligible, as determined pursuant to paragraph (2). Not less than 85 percent of such sums shall be advanced to eligible institutions prior to the start of each payment period and shall be based upon an amount requested by the institution as needed to pay eligible students. "(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) Basic grants made under this subpart shall be known as 'Pell Grants'. "(b) PURPOSE AND AMOUNT OF GRANTS.—(1) The purpose of this subpart is to provide a basic grant that (A) as determined under paragraph (2), will meet 60 percent of a student's cost of attendance (as defined in section 41 IF); and (B) in combination with reasonable parental or independent student contribution and supplemented by the programs authorized under subparts 2 and 3 of this part, will meet 75 percent of a student's cost of attendance (as defined in section 472), unless the institution determines that a greater amount of assistance would better serve the purposes of section 401. "(2)(A) The amount of the basic grant for a student eligible under this part shall be— "(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, less 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 during any academic year, the amount of the basic 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. Such schedule of reductions shall be established by regulation and published in the Federal Register in accordance with section 482 of this Act. "(3) The amount of a basic grant to which a student is entitled under this subpart for any academic year shall not exceed 60 "SEC.

20 USC i070a.

Regulations. Federal Register, publication.

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percent of the cost of attendance (as defined in section 411F) at the institution at which the student is in attendance for that year. "(4) No basic grant under this subpart shall exceed the difference between the expected family contribution for a student and the cost of attendance (as defined in section 41 IF) at the institution at which that student is in attendance. If, with respect to any student, it is determined that the amount of a basic grant plus the amount of the expected family contribution for that student exceeds the cost of attendance for that year, the amount of the basic grant shall be reduced until the combination of expected family contribution and the amount of the bfisic grant does not exceed the cost of attendance at such institution. "(5) No basic 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 $200. "(6) No basic grant shall be awarded under this subpart to any student who is attending on a less than half-time basis— "(A) from funds appropriated for fiscal years before fiscal year 1989; "(B) from funds appropriated for fiscal year 1989 or 1990, unless the expected family contribution for such student is less than or equal to zero; or "(C) from funds appropriated for fiscal year 1991, unless the expected family contribution for such student is less than or equal to $200. "(7) No basic grant shall be awarded under this subpart from funds appropriated for fiscal year 1989 to students who are attending on a less than half-time basis if awarding basic grants to such students would cause basic grants to other students to be reduced pursuant to subsection (g). The provisions of this paragraph may not be waived unless enacted in express limitation of this paragraph.

.&y:ii 31

"(c) PERIOD OF ELIGIBILITY FOR GRANTS.—(1) The period during

,.

•

which a student may receive basic 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— "(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. "(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

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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. "(3) No student is entitled to receive Pell Grant payments concurrently from more than one institution or from the Secretary and an institution. "(d) APPLICATIONS FOR GRANTS.—(1) The Secretary shall from time to time set dates by which students shall file applications for basic grants under this subpart. "(2) Each student desiring a basic 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. "(1) 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 basic grant under this subpart is attending) an estimate of the eligibility index for each such student. Each such student financial aid administrator shall— "(A) examine and assess the data used to calculate the eligibility index of the student furnished pursuant to this subsection; "(B) recalculate the eligibility index 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 eligibility index 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 Reports, 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 eligibility index, 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

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comments and recommendations of the Secretary, to the Committee on Appropriations and the Committee on Labor and Human Resources of the Senate and the Committee on Appropriations and the Committee on Education and Labor of the House of Representatives. "(g) ADJUSTMENTS FOR INSUFFICIENT APPROPRIATIONS.—(1) If,

for

any fiscal year, the funds appropriated for pa3mients under this subpart are insufficient to satisfy fully all entitlements, as calculated under subsection (b), 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) 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. "(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) NoNCONTRACTOR STATUS OF INSTITUTIONS.—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. " F A M I L Y CONTRIBUTION SCHEDULE FOR PELL GRANTS; DATA ELEMENTS 20 USC I070a-i.

"SEC. 411A.

(a) GENERAL RULE FOR DETERMINATION OF EXPECTED

FAMILY CONTRIBUTION.—(1) The expected family contribution— "(A) for a dependent student shall be determined in accordance with section 41 IB, "(B) for an independent student with dependents other than a spouse shall be determined in accordance with section 41IC, and "(C) for a single independent student or a married independent student without other dependents shall be determined in accordance with section 41 ID. "(2) The following data elements are considered in determining the expected family contribution: "(A) the effective income of (i) the student and the student's spouse; and (ii) the student's parents, in the case of a dependent student; "(B) the number of family members in the household;

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"(C) the number of family members in the household who are enrolled, on at least a half-time basis, in a program of postsecondary education; "(D) the assets of (i) the student and the student's spouse, and (ii) the student's parents, in the case of a dependent student; "(E) the marital status of the student; "(F) the unusual medical expenses of (i) the student's parents, in the case of a dependent student, or (ii) the student and the student's spouse, in the case of an independent student; "(G) the additional expenses incurred (i) in the case of a dependent student, when both parents of the student are employed or when the family is headed by a single parent who is employed, or (ii) in the case of an independent student, when both the student and the student's spouse are employed or when the employed student qualifies as a surviving spouse or as a head of a household under section 2 of the Internal Revenue Code of 1954; and "(H) the tuition paid (i) in the case of a dependent student, by the student's parents for dependent children, other than the student, who are enrolled in an elementary or secondary school, (ii) in the case of an independent student, by the student or the student's spouse for dependent children who are so enrolled.

26 USC 2.

"ELIGIBILITY DETERMINATION FOR DEPENDENT STUDENTS

411B, (a) COMPUTATION OF STUDENT AID INDEX.—For each 20 USC i070a-2. dependent student, the student aid index is equal to the sum of— "(1) the contribution from parents' income and assets, determined in accordance with subsection (b); "(2) the contribution from student's (and spouse's) income, determined in accordance with subsection (h); and "(3) the contribution from student's (and spouse's) assets, determined in accordance with subsection (1). "(b) CONTRIBUTION FROM PARENTS' INCOME AND ASSETS.—The parents' contribution from income and assets is equal to the amount determined by— "(1) computing the standard contribution from parents' income, determined in accordance with subsection (c); "(2) adding the contribution from parents' assets, determined in accordance with subsection (g); and "(3) dividing the resultant amount by the number of family members who will be attending, on at least a half-time basis, a program of postsecondary education during the award period for which aid under this subpart is requested. "(c) STANDARD CONTRIBUTION FROM PARENTS' INCOME.—The standard contribution from parents' income is determined by calculating the effective family income in accordance with subsection (d); by deducting the total offsets against income, as determined in accordance with subsection (e); and by assessing the results in accordance with subsection (f). "(d) DETERMINATION OF EFFECTIVE FAMILY INCOME.—The effective Taxes, family income is equal to— "(1) the sum of— "(A) the adjusted gross income of the parents as reported to the Internal Revenue Service for the year immediately /..ij preceding the award year, and income earned from work but not reported on a Federal income tax return; and "SEC.

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f )c

, *, 3*1

"(B) the total annual amount of untaxed income and benefits, received by the parents in the year immediately preceding the award year; minus "(2) the sum of— "(A) the amount of United States income tax paid or payable by the parents in the tax year preceding the award year; and "(B) an allowance for State and other taxes, as determined by multiplying the parents' total income (as determined under paragraph (D) by a percentage determined according to the following table: "Percentages for CTomputation of State and Other Tax Allowance

If parents' State or territory of residence is—

And parents' total income is— , .. gy QQQ $15,000 more then the percentage is—

Alaska, Puerto Rico, Wyoming American Samoa, Guam, Louisiana, Nevada, Texas, Trust Territory, Virgin Islands Florida, South Dakota, Tennessee, New Mexico North Dakota, Washington Alabama, Arizona, Arkansas, Indiana, Mississippi, Missouri, Montana, New Hampshire, Oklahoma, West Virginia Colorado, Connecticut, Georgia, Illinois, Kansas, Kentucky California, Delaware, Idaho, Iowa, Nebraska, North Carolina, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Virginia, Canada, Mexico Maine, New Jersey District of Columbia, Hawaii, Maryland, Massachusetts, Oregon, Rhode Island Michigan, Minnesota Wisconsin New York

3

2

4 5 6

3 4 5

7

6

8

7

9 10

8 9

11 12 13 14

10 11 12 13

"(e) TOTAL OFFSETS AGAINST INCOME.—Total offsets

against

income are determined by deducting— "(1) a family size offset as determined by the following table: I

"Family Size Offsets Family members

2 3 4 5 6 7 or more

^

../, Amount $6,700 8,100 10,400 12,300 13,800 13,800 plus $1,800 for each member over 6

"(2) an offset for unusual medical and dental expenses; "(3) an offset for employment expenses; and "(4) an offset for unreimbursed elementary and secondary school tuition and fees.

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"(f) ASSESSMENT OF EFFECTIVE FAMILY INCOME.—(1) If the effective

family income (as determined under subsection (d)) minus the total offsets (as determined under subsection (e)) is a negative amount, the standard contribution from the parents' income is zero. "(2) If such effective family income is a positive amount, the standard contribution from effective family income is determined in accordance with the following chart: "Effective family income $0 to $5,000 $5,001 to $10,000 $10,001 to $15,000

Expected contribution 11% of effective family income. $550, plus 13% of amount over $5,000. $1,200, plus 18% of amount over $10,000. $15,001 and above $2,100, plus 25% of amount over $15,000. "(g) CONTRIBUTION FROM PARENTS' ASSETS.—The standard con-

tribution from parents' assets is determined in accordance with paragraphs (1) through (7): "(1) If the parental assets include a principal place of residence, deduct $30,000 from the net value of the principal place of residence. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. "(2) If the parental assets include assets other than a principal place of residence and other than farm and business assets, deduct $25,000 from the net value of those other assets. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. "(3) If the parental assets include farm or business assets, or both, deduct $80,000 in the case of business assets or $100,000 in the case of farm assets from the net value of the farm or business assets, or both. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. "(4) If the sum of the farm and business deduction and the deductions in paragraphs (1) and (2) exceeds $110,000 in the case of business deductions or $130,000 in the case of farm deductions, the farm and business deduction shall be reduced by the amount that that sum exceeds $110,000, or $130,000, as the case may be. "(5)(A) The expected contribution from parental assets equals 5 percent of the total of the amounts obtained under paragraphs (1), (2), and (3). "(B) If the calculation of effective family income required by subsection (d) produces a negative number, the expected contribution from parental assets, calculated under this paragraph, shall be reduced by the amount of that negative effective family income. If the subtraction required by the preceding sentence of this subparagraph produces a negative number, the amount determined under this subparagraph shall be zero. "(6)(A) If the student's parents are separated, or divorced and not remarried, only the assets of the parent whose income is included in computing annual adjusted family income shall be considered. "(B) If that parent has remarried, or if the parent was a widow or widower who has remarried, and the parent's spouse's

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PUBLIC LAW 99-498—OCT. 17, 1986 income also is included in computing effective family income, the assets of that parent's spouse shall also be included. "(1) The Secretary shall promulgate special regulations to permit, in the computation of family contributions for the programs under this subpart for any academic year, the exclusion from family income of any proceeds of a sale of farm or business assets of that family if such sale results from a voluntary or involuntary foreclosure, forfeiture, liquidation, or bankruptcy. "(h) CONTRIBUTION FROM STUDENT'S (AND SPOUSE'S) INCOME.—The

contribution from student's (and spouse's) income is determined by calculating the student's (and spouse's) effective income, as determined in accordance with subsection (i), by deducting the total offsets against income, as determined in accordance with subsection (j), and by assessing the results in accordance with subsection (k). "(i) DETERMINATION OF STUDENT'S (AND SPOUSE'S) EFFECTIVE

INCOME.—The effective income of the student (and spouse) is equal to— "(1) the sum of— "(A) the adjusted gross income of the student (and spouse) as reported to the Internal Revenue Service for the year immediately preceding the award year, or income earned from work other than amounts earned under part C of this title, but not reported on a Federal income tax return; and "(B) the total annual amount of untaxed income and benefits received by the student (and spouse) in the year ' ' immediately preceding the award year; minus "(2) the amount of United States income tax paid or payable by the student (and spouse) in the tax year preceding the award year. "(j) TOTAL OFFSETS AGAINST STUDENT'S (AND SPOUSE'S) INCOME.—

Total offsets against student's (and spouse's) income are determined by deducting— "(1) a dependent student offset of $3,500, or $5,100 in the case of a dependent student with a spouse; and "(2) if the parental effective family income (as determined under subsection (f)) is a negative amount, the amount, if any, by which the result of the subtraction performed under subsection (g)(5) is less than zero. "(k) ASSESSMENT OF STUDENT'S (AND SPOUSE'S) INCOME.—If the

student's (and spouse's) effective income (as determined under subsection (i)) minus the total offsets (as determined under subsection (j)) is a negative amount, the contribution from student income is zero. If the student's (and spouse's) effective income is a positive amount, multiply it by 75 percent to determine the contribution from student's income. "(1) DETERMINATION OF CONTRIBUTION FROM STUDENT'S (AND SPOUSE'S) ASSETS.—The contribution from the student's (and

spouse's) assets is determined by calculating the net assets of the student (and spouse) and multiplying the amount by 33 percent. "ELIGIBILITY DETERMINATION FOR INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSE 20 USC 1070a-3.

" SEC. 411C.

(a)

COMPUTATION

OF

STUDENT

AID

INDEX.—For

independent students with dependents other than a spouse, the student aid index is equal to the amount determined by—

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Page:United States Statutes at Large Volume 100 Part 2.djvu/215

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1317

"(1) computing the standard contribution from student's (and spouse's) income determined in accordance with subsection (b); "(2) adding the contribution from student's (and spouse's) assets determined in accordance with subsection (f); and "(3) dividing the resultant amount by the number of family members who will be attending, on at least a half-time basis, a program of postsecondary education during the award period for which aid under this subpart is requested. "(b) COMPUTING THE STANDARD CONTRIBUTION FROM STUDENT'S (AND SPOUSE'S) INCOME.—The standard contribution from the stu-

dent's (and spouse's) income is determined by calculating the effective family income in accordance with subsection (c); by deducting the total offsets against income, as determined in accordance with subsection (d); and by assessing the results in accordance with subsection (e). "(c) DETERMINATION OF EFFECTIVE FAMILY INCOME.—The effective Taxes, family income is equal to— "(1) the sum of— "(A) the adjusted gross income of the student (and spouse) .i;i,r r as reported to the Internal Revenue Service for the year immediately preceding the award year and income earned from work, other than amounts received under part C of this title, but not reported on a Federal income tax return; "(B) the total annual amount of untaxed income and i benefits which is received by the student (and spouse) in the year immediately preceding the award year; and "(C) one-half of the student's total veterans educational benefits, excluding Veterans' Administration contributory benefits, expected to be received during the award period; minus -^¥ ' "(2) the sum of—• "(A) the amount of United States income tax paid or payable by the student (and spouse) in the tax year preceding the award year; and .., "(B) an allowance for State and other taxes as determined "•^ by multiplying the student's (and spouse's) total income (as determined under paragraph (1)) by a percentage deter\, mined according to the following table: "Percentages for Computation of State and Other Tax Allowance

If student's State or territory of residence is—

Alaska, Puerto Rico, Wyoming American Samoa, Guam, Louisiana, Nevada, Texas, Trust Territory, Virgin Islands Florida, South Dakota, Tennessee, New Mexico North Dakota, Washington Alabama, Arizona, Arkansas, Indiana, Mississippi, Missouri, Montana, New Hampshire, Oklahoma, West Virginia Colorado, Connecticut, Georgia, Illinois, Kansas, Kentucky

And student's (and spouse's) total income is— less than $15,000

$15,000 or more

then the percentage is— 3 2 4 5 6

3 4 5

7

6

8

7

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Page:United States Statutes at Large Volume 100 Part 2.djvu/216

 100 STAT. 1318

PUBLIC LAW 99-498—OCT. 17, 1986 "Percentages for Computation of State and Other Tax Allowance—Continued And student's (and spouse's) total income is—

If student's State or territory of residence i s ^

less than $15,000 or $15,000 more then the percentage is—

California, Delaware, Idaho, Iowa, Nebraska, North Carolina, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Virginia, Canada, Mexico Maine, New Jersey District of Columbia, Hawaii, Maryland, Massachusetts, Oregon, Rhode Island Michigan, Minnesota Wisconsin New York

9 10

8 9

11 12 13 14

10 11 12 13

"(d) TOTAL OFFSETS AGAINST INCOME.—Total offsets

against

income are determined by deducting— "(1) a family size offset equal to the amount specified in the following table: "Family Size Offsets Family members

Amount

2 3 4 5 6 7 or more .ii

26 USC 2.

$6,700 8,100 10,400 12,300 13,800 13,800 plus $1,800 for each member over 6

"(2) an offset for unusual medical euid dental expenses; "(3) in the case of a married independent student when both the student and spouse were employed in the year for which income is reported, or in the case of a student who qualifies as a head of household as defined in section 2 of the Internal Revenue Code of 1954, an offset for employment expenses; and "(4) an offset for unreimbursed elementary and secondary school tuition and fees. "(e) ASSESSMENT OF EFFECTIVE FAMILY INCOME.—(1) If the effective

family income (as determined under subsection (c)) minus the total offsets (as determined under subsection (d)) is a negative amount, the standard contribution from the student's (and spouse's) income is zero. "(2) If such effective family income is a positive amount, the standard contribution from effective family income is determined in accordance with the following chart: "Effective family income $0 to $5,000 $5,001 to $10,000 $10,001 to $15,000 $15,001 and above

Expected contribution 11% of effective family income. $550, plus 13% of amount over $5,000. $1,200, plus 18% of amount over $10,000. $2,100, plus 25% of amount over $15,000.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/217

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1319

"(f) CONTRIBUTION FROM STUDENT'S (AND SPOUSE'S) ASSETS.—The

standard contribution from student's (and spouse's) assets is determined in accordance with paragraphs (1) through (7): "(1) If the student's (and spouse's) assets include a principal place of residence, deduct $30,000 from the net value of the principal place of residence. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be . zero. "(2) If the student's (and spouse's) assets include assets other than a principal place of residence and other than farm and business assets, deduct $25,000 from the net value of those other assets. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. "(3) If the student's (and spouse's) assets include farm or ^ business assets, or both, deduct $80,000 in the case of business assets or $100,000 in the case of farm assets from the net value of the farm or business assets, or both. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. "(4) If the sum of the farm and business deduction and the deductions in paragraphs (1) and (2) exceeds $110,000 in the case of business deductions or $130,000 in the case of farm deduc* tions, the farm and business deduction shall be reduced by the amount that that sum exceeds $110,000, or $130,000, as the case ' • may be. ''(5)(A) The expected contribution from student's (and U spouse's) assets equals 5 percent of the total of the amounts obtained under paragraphs (1), (2), and (3). "(B) If the calculation of effective family income required by subsection (c) produces a negative number, the expected contribution from student's (and spouse's) assets, calculated under this paragraph, shall be reduced by the amount of that negative '^y effective family income. If the subtraction required by the preceding sentence of this subparagraph produces a negative number, the amount determined under this subparagraph shall be zero. "(6) If the married independent student with dependents is separated or divorced, only assets of the independent student shall be considered. "(7) The Secretary shall promulgate special regulations to permit, in the computation of family contributions for the programs under this subpart for any academic year, the exclusion from family income of any proceeds of a sale of farm or business assets of that family if such sale results from a voluntary or involuntary foreclosure, forfeiture, liquidation, or bankruptcy.

Agriculture and agricultuFEil commodities.

ELIGIBILITY DETERMINATION FOR SINGLE INDEPENDENT STUDENTS OR FOR MARRIED INDEPENDENT STUDENTS WITHOUT OTHER DEPENDENTS

411D. (a) COMPUTATION OF STUDENT AID INDEX.—For single independent students or married independent students without other dependents, the student aid index is equal to the amount determined by— "SEC.

20 USC 1070a-4.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/218

 100 STAT. 1320

PUBLIC LAW 99-498—OCT. 17, 1986

ri "(1) computing the standard contribution from student's (and ^ spouse's) income determined in accordance with subsection (b); "(2) adding contribution from student's (and spouse's) assets determined in accordance with subsection (f); and "(3) dividing the resultant amount by the number of family members who will be attending, on at least a half-time basis, a program of postsecondary education during the award period for which aid under this subpart is requested. "(b) COMPUTING THE STANDARD CONTRIBUTION FROM STUDENT'S (AND SPOUSE'S) INCOME.—The standard contribution from the stu-

dent's (and spouse's) income is determined by calculating the effective family income in accordance with subsection (c); by deducting the total offsets against income, as determined in accordance with subsection (d); and by assessing the results in accordance with subsection (e). Taxes.

"(c) DETERMINATION OF EFFECTIVE FAMILY INCOME.—The effective

family income is equal to— eu! iw- '>vt! "(1) the sum of—• "(A) the adjusted gross income of the student (and spouse) as reported to the Internal Revenue Service for the year immediately preceding the award year and income earned p.,, from work, other than amounts received under part C of this title, but not reported on a Federal income tax return; "(B) the total annual amount of untaxed income and benefits which is received by the student (and spouse) in the year immediately preceding the award year; and "(C) one-half of the student's total veterans educational hn^; r benefits, excluding Veterans' Administration contributory 3 iii. benefits, expected to be received during the award period; minus "(2) the sum of— "(A) the amount of United States income tax paid or payable by the student (and spouse) in the tax year preceding the award year; and "(B) an allowance for State and other taxes as determined by multiplying the student's (and spouse's) total income (as determined under paragraph (1)), by a percentage determined according to the following table: "Percentages for Computation of State and Other Tax Allowance And student's (and spouse's) total income is— If student's State or territory of residence is— less than $15,000

$15,000 or more

then the percentage is— Alaska, Puerto Rico, Wyoming American Samoa, Guam, Louisiana, Nevada, Texas, Trust Territory, Virgin Islands Florida, South Dakota, Tennessee, New Mexico North Dakota, Washington Alabama, Arizona, Arkansas, Indiana, Mississippi, Missouri, Montana, New Hampshire, Oklahoma, West Virginia Colorado, Connecticut, Georgia, Illinois, Kansas, Kentucky

3

2

4 5 6

3 4 R,, >»,

i 7 8

6 "

"7

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Page:United States Statutes at Large Volume 100 Part 2.djvu/219

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1321

"Percentages for Computation of State and Other Tax Allowance—Continued And student's (and spouse's) total income is— If student's State or territory of residence is—

California, Delaware, Idaho, Iowa, Nebraska, North Carolina, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Virginia, Canada, Mexico Maine, New Jersey District of Columbia, Hawaii, Maryland, Massachusetts, Oregon, Rhode Island Michigan, Minnesota , Wisconsin New York

less than $15,000 or $15,000 more then the percentage is-

9 10

8 9

11 12 13 14

10 11 12 13

"(d) TOTAL OFFSETS AGAINST INCOME.—Total offsets

against

income are determined by deducting— "(1) a family size offset equal to the amount specified in the following table: "Family Size Offsets Family members 1 2

Amount $5,300 6,700

"(2) an offset for unusual medical and dental expenses; and "(3) in the case of a married independent student when both the student and spouse were employed in the year for which income is reported, or in the case of a student who qualifies as a head of household as defined in section 2 of the Internal Revenue Code of 1954, an offset for employment expenses. "(e) ASSESSMENT OF EFFECTIVE FAMILY INCOME.—(1) If the effective

family income (as determined under subsection (c)), minus the total offsets (as determined under subsection (d)) is a negative amount, the standard contribution from the student's (and spouse's) income is zero. "(2) If such effective family income is a positive amount, the standard contribution from student's (and spouse's) income is multiplied by 75 percent. "(f) CONTRIBUTION FROM STUDENT'S (AND SPOUSE'S) ASSETS.—(1)

The asset contribution amount of an independent student and the student's spouse is equal to 5 percent of the sum of the amounts computed under paragraphs (3) and (4), reduced by the amount, if any, by which effective family income as computed under subsection (c) is less than zero. If the result of such subtraction is a negative amount, the family asset contribution amount is zero. "(2) The family asset contribution amount of a single independent student is equal to 33 percent of such student's net asset value, reduced by the amount, if any, by which effective family income as computed under subsection (c) is less than zero. If such value minus such amount is a negative amount, the family sisset contribution amount is zero.

26 USC 2.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/220

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1322

Agriculture and agricultural commodities.

"(3) If the assets of an independent student with a spouse include a principal place of residence, deduct $30,000 from the net value of the principal place of residence. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. "(4)(A) If the assets of an independent student with a spouse include assets other than a principal place of residence and other than farm and business assets, deduct $25,000 from the net value of those other assets. If the subtraction required by the preceding sentence of this subparagraph produces a negative number, the amount determined under this subparagraph shall be zero. "(B)(i) If the assets of an independent student with a spouse include farm or business assets, or both, deduct $80,000 in the case of business assets or $100,000 in the case of farm assets from the net value of the farm or business assets, or both. If the subtraction required by the preceding sentence of this subparagraph produces a negative number, the amount determined under this subparagraph shall be zero. "(ii) If the sum of the farm and business deduction and the deductions in paragraphs (3) and (4)(A) exceeds $110,000 in the case of business deductions or $130,000 in the case of farm deductions, the farm and business deduction shall be reduced by the amount that that sum exceeds $110,000, or $130,000, as the case may be. "(5) The Secretary shall promulgate special regulations to permit, in the computation of family contributions for the programs under this subpart for any academic year, the exclusion from family income of any proceeds of a sale of farm or business assets of that family if such sale results from a voluntary or involuntary foreclosure, forfeiture, liquidation, or bankruptcy. REGULATIONS; UPDATED TABLES

20 USC 1070a-5.

Federal Register, publication.

"SEC.

411E.

(a)

AUTHORITY TO PRESCRIBE REGULATIONS RE-

STRICTED.—(1) Notwithstanding any other provision of law, the Secretary shall not have the authority to prescribe regulations to carry out this subpart except— "(A) to prescribe updated tables under sections 41 IB through 411D;or "(B) to propose modifications in the need analysis methodology required by this subpart. "(2) Any regulation proposed by the Secretary that (A) updates tables in a manner that does not comply with subsection (b), or (B) that proposes modifications under paragraph (1)(B) of this subsection, shall not be effective unless approved by joint resolution of the Congress by May 1 following the date such regulations are published in the Federal Register in accordance with section 482, If the Congress fails to approve such regulations by such May 1, the Secretary shall publish in the Federal Register in accordance with section 482 updated tables for the applicable award year that are prescribed in accordance with subsection (b) of this section. "(b) PROVISIONS GOVERNING UPDATED TABLES.—(1)(A) Each of the amounts allowed as an offset for family size for dependent and independent students shall, for each academic year after academic year 1988-1989, be adjusted by the Secretary by increasing (or decreasing) the comparable amount for the preceding academic year by a percentage equal to the percentage increase (or decrease) in the Consumer Price Index for Wage Earners and Clerical Workers

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Page:United States Statutes at Large Volume 100 Part 2.djvu/221

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1323

published by the Department of Labor, and rounded to the nearest $100. "(B) The Secretary shall publish in the Federal Register a revised table for an offset for family size in accordance with section 482. "(2)(A) The Secretary shall, for each academic year after academic year 1988-1989, publish in the Federal Register such revisions in offsets against income, asset determination, and assessment rates as are necessary to reflect the most recent and relevant data. "(B) The Secretary shall publish in the Federal Register the revised determinations required by subparagraph (A) in accordance with section 482.

Federal Register, publication. Federal Register, publication.

"DEFINITIONS; DETERMINATIONS

"SEC. 41 IF. For the purpose of this subpart— "(1) The term 'annual adjusted family income' means the sum received in the year immediately preceding the award year, by the student's parents (in the case of a dependent student), or by the student and, if applicable, the student's spouse (in the case of an independent student), except excludable income under paragraph (9) of this subsection, from the following sources subject to the following rules: "(A) Adjusted gross income, as defined in section 62 of the Internal Revenue Code of 1954. "(B) Untaxed income and benefits, as defined in paragraph (13) of this section. "(C) Income from one-half of any veteran's benefits expected to be paid to the student during the award period under chapters 34 and 35 of title 38 of the United States Code. "(D) Income for a student whose parents are divorced or separated is determined under the following procedures: "(i) Include only the income of the parent with whom the student resided for the greater portion of the 12month period preceding the date of the application, "(ii) If the preceding criterion does not apply, include only the income of the parent who provided the greater portion of the student's support for the 12-month period preceding the date of application. "(iii) If neither of the preceding criteria apply, include only the income of the parent who provided the greater support during the most recent calendar year for which parental support was provided. "(E) Income in the case of the death of any parent as follows: "(i) If either of the parents have died, the student shall include only the income of the surviving parent, "(ii) If both parents have died, the student shall not report any parental income. "(F) Income in the case of a parent whose income is taken into account under subparagraph (D) of this paragraph, or a parent who is a widow or widower and whose income is taken into account under clause (i) of this subparagraph, has remarried, under the following rule: The income of that parent's spouse shall be included in determining the student's annual adjusted family income if—

20 USC 1070a-6.

26 USC 62.

38 USC 1651 et. seq., 1700 et seq.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/222

 100 STAT. 1324 tHiY js, -n •'.''

,,. . h>.,... 29 USC 1651.

sOVi

PUBLIC LAW 99-498—OCT. 17, 1986

"(i) the student's parent and the stepparent are married as of the date of appHcation for the award year concerned; and "(ii) the student is not an independent student. "(G)(i) Income in the case of a dislocated worker shall be the income for the year for which the determination is . ., made. "(ii) For the purpose of this subparagraph, a dislocated worker is a worker identified pursuant to title III of the Job Training Partnership Act. "(2) The term 'assets' means cash on hand, including amount in checking and savings accounts, time deposits, money market funds, trusts, stocks, bonds, other securities, mutual funds, tax shelters, and the net value of real estate, income producing property, and business and farm assets. "(3) The term 'award year' is the period of time between July 1 of the first year and June 30 of the following year. "(4) The term 'business assets' means property that is used in the operation of a trade or business, including real estate, inventories, buildings, machinery, and other equipment, pat- ents, franchise rights, and copyrights. "(5) The term 'cost of attendance' means— "(A) the student's tuition and uniform compulsory fees at the institution at which the student is in attendance for any ' i award year, plus "(B)(i) an allowance for room and board costs, books, y« supplies, transportation, and miscellaneous expenses incurred by the student which shall not exceed $1,700 for a student without dependents residing at home with parents; "(ii) an allowance for room and board costs, books, supplies, transportation, and miscellaneous expenses incurred by the student which shall not exceed $2,300 for all other students, subject to clause (iii); "(iii) an allowance for only books, supplies, and transportation (as determined by the institution) and dependent care expenses (in accordance with clause (iv)) for less than half-time students (as determined by the institution); "(iv) an allowance for child care which shall not exceed $1,000; and "(v) an allowance for the costs of special services and ~^"'' equipment required for attendance by the handicapped that are not provided by other assisting agencies; except that, if the meiximum award under this subpart is less than or greater than $2,300, then the dollar amounts specified ' in clauses (i) and (ii) of subparagraph (B) of this paragraph shall be increased or decreased by an amount equal to the amount by which such meiximum award is greater than or less than $2,300, respectively. "(6) Except as otherwise provided, the term 'dependent of the student' means the parents of the student, the student's spouse, any of the student's dependent children, dependent children of the student's parents, including those children who are deemed to be dependent students when applying for aid under this title, and other persons who live with and receive more than one-half of their support from the parents and will continue to receive more than half of their support from the parents during the award year. --ii'^i.B.Jv-.. t«=-..).?:>.-•'.-•-,•.•- ....:...-««.....,....

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 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1325

"(7) Effective family income shall be determined on the basis Taxes. of the annual adjusted family income minus the Federal taxes and imputed State and other taxes paid or payable for the year that adjusted gross income is used in the calculation of the student's Pell Grant. "(8)(A) The employment expense offset is determined as follows: 1 "(i) If both parents were employed in the year for which their income is reported and both have their incomes re•••' ported in determining the expected family contribution, such offset is equal to the lesser of $1,500 or 50 percent of the earned income (income earned by work) of the parent with the lesser earned income. "(ii) If a parent qualifies as a head of household as • defined in section 2 of the Internal Revenue Code of 1954, 26 USC 2. such offset is equal to the lesser of $1,500 or 50 percent of the parent's earned income. "(B) 'The employment expense offset in the case of an i independent student with dependents is determined as follows: "(i) If both the student and the student's spouse were employed in the year for which their income is reported and both have their incomes reported in determining the ii expected family contribution, such offset is equal to the lesser of $1,500 or 50 percent of the earned income (income earned by work) of the spouse with the lesser earned ' • income. I'cii "(ii) If a student qualifies as a head of household as defined in section 2 of the Internal Revenue Code of 1954, such offset is equal to the lesser of $1,500 or 50 percent of the student's earned income. "(9)(A) The term 'excludable income' means the income dec scribed in subparagraphs (B), (C), and (D) of this paragraph which is excluded for the purpose of determining 'annual adj justed family income' under paragraph (1). "(B) For a Native American student, the annual adjusted Indians, family income does not include the income received by the student, the student's spouse, or the student's parents under the Distribution of Judgment Funds Act (25 U.S.C. 1401, et seq.), the Alaska Native Claims Settlement Act (43 U.S.C. 1601, et seq.), or the Maine Indians Claims Settlement Act (25 U.S.C. 1721, et seq.). "(C) In the case of a student who is divorced or separated, or whose spouse has died, the spouse's income shall not be considered in determining the effective family income. "(D) The annual adjusted family income does not include any I student financial assistance except veterans' or Social Security benefits set forth in paragraph (15) of this subsection. "(lOXA) In determining family size in the case of a dependent student— "(i) if the parents are not divorced or separated, family members include the student's parents, and the dependents of the student's parents including the student; > "(ii) if the parents are divorced or separated, family members include the parent whose income is included in computing the effective family income and that parent's dependents, including the student; and
 * fi

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Page:United States Statutes at Large Volume 100 Part 2.djvu/224

 100 STAT. 1326 H!

5' i

PUBLIC LAW 99-498—OCT. 17, 1986

"(iii) if the parents are divorced and the parent whose income is so included is remarried, or if the parent was a widow or widower who has remarried, family members also include, in addition to those individuals referred to in subparagraph (B), the new spouse and any dependents of the new spouse if that spouse's income is included in determining effective family income. "(B) In determining family size in the case of an independent student with dependents— "(i) family members include the student, the student's spouse, and the student's dependents; and "(ii) if the student is divorced or separated, family members do not include the spouse (or ex-spouse), but do include the student and the student's dependents. "(11) The term 'farm assets' means any property owned and used in the operation of a farm for profit, including real estate, livestock, livestock products, crops, farm machinery, and other equipment inventories. A farm is not considered to be operated for profit if crops or livestock are raised mainly for the use of the family, even if some income is derived from incidental sales. "(12)(A) The term 'independent', when used with respect to a student, means any individual who— "(i) is 24 years of age or older by December 31 of the award year; or "(ii) meets the requirements of subparagraph (B). "(B) Except as provided in subparagraph (C), an individual meets the requirements of this subparagraph if such individual— "(i) is an orphan or ward of the court; "(ii) is a veteran of the Armed Forces of the United States; "(iii) is a gradulate or professional student who declares V that he or she will not be claimed as a dependent for income tax purposes by his or her parents (or guardian) for the first calendar year of the award year; "(iv) is a married individual who declares that he or she will not be claimed as a dependent for income tax purposes by his or her parents (or guardian) for the first calendar year of the award year; "(v) has legal dependents other than a spouse; "(vi) is a single undergraduate student with no depend* s ents who was not claimed as a dependent by his or her parents (or guardian) for income tax purposes for the 2 calendar years preceding the award year and demonstrates to the student financial aid administrator total self-sufficiency during the 2 calendar years preceding the award year in which the initial award will be granted by demonstrating an annual total income of $4,000; or "(vii) is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances. "(C) An individual may not be treated as an independent student pursuant to clauses (iii), (iv), and (vi) of subparagraph (B) if the financial aid administrator determines that such individual was treated as an independent student during the preceding award year, but was claimed as a dependent by any

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Page:United States Statutes at Large Volume 100 Part 2.djvu/225

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1327

other individual (other than a spouse) for income tax purposes for the first calendar year of such award year. "(D) The financial aid administrator may certify an individual described in clause (iii), (iv), or (vi) of subparagraph (B) on the basis of a demonstration made by the individual, but no disbursal of an award may be made without documentation. "(13) The term 'net assets' means the current market value at the time of application of the assets included in the definition of 'assets', minus the outstanding liabilities (indebtedness) against the assets. "(14) The term 'unreimbursed elementary and secondary school tuition and fees' means the unreimbursed tuition and fees paid by the student's parents for each dependent other than the student, or by an independent student (and spouse) for •^ dependents enrolled in elementary or secondary school, and may not exceed for each such dependent the national average per pupil instructional cost as published by the Center for Education Statistics using the most recent available data. "(15) The term 'untaxed income and benefits' means— "(A) investment income upon which no Federal income tax is required to be paid, such as the interest on municipal bonds; "(B) untaxed portions of capital gains; "(C) credit for Federal tax on special fuels; "(D) dividend exclusions and dividend reinvestment exclusions; "(E) foreign income exclusions; "(F) child support received; "(G) welfare benefits, including aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act, and aid to depend- 42 USC 601. ent children; "(H) veterans benefits such as Death Pension and Dependency and Indemnity Compensation, except that veterans educational benefits paid under chapters 34 and 35 of title 38 of the United States Code, Veterans' Administra- 38 USC 1651 et. tion contributory benefits, and Veterans' Administration s«9v 1700 et seq. vocational rehabilitation program benefits for postsecondary education shall not be included; "(I) untaxed Social Security benefits, including supplemental security income which individuals receive for themselves and for children under age 18; "(J) interest on teix free bonds; "(K) housing, food, and other living allowances, excluding rent subsidies for low-income housing, paid to members of the military, the clergy, and others; and "(L) Job Training Partnership Act noneducational bene- 29 USC 1501 fits.

"(16)(A) The term 'unusual medical and dental expenses' means an amount equal to the amount by which the sum of unreimbursed medical and dental expenses exceeds 20 percent of the effective family income of the parents. The expenses of both parents are included only if the income of both parents is included in determining effective family income. A stepparent's expenses are included only if the parent's income is included in determining effective family income.

note.

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 100 STAT. 1328

PUBLIC LAW 99-498—OCT. 17, 1986

•m, •

"(B) The term 'unusual medical and dental expenses', in the case of an independent student with dependents, means an amount equal to the amount by which the sum of unreimbursed medical and dental expenses exceeds 20 percent of the effective family income of the independent student with dependents. The expenses of both the student and the student's spouse are included only if the incomes of both are included in determining effective family income.

"SUBPART 2—SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS PURPOSE; APPROPRIATIONS AUTHORIZED

20 USC 1070b.

"SEC. 413A. (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 title. "(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 section 413C(a), for use by such institutions for payments to undergraduate students of supplemental grants awarded to them under this subpart, there are authorized to be appropriated $490,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(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 they were appropriated. ,£ ,

-

20 USC 1070b-l.

"AMOUNT AND DURATION OF GRANTS "SEC. 413B. (a) AMOUNT OF GRANT.—(1) 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 title, to be needed by that student to enable the student to pursue a course of study at the institution, 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. "(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 section 484, except as provided in section 413C(c). "(c) DISTRIBUTION OP 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

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Page:United States Statutes at Large Volume 100 Part 2.djvu/227

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1329

a student during an academic year to cover costs for a period which are not appHcable to other periods of such academic year. "AGREEMENTS WITH INSTITUTIONS; SELECTION OF RECIPIENTS

"SEC. 413C. (a) INSTITUTIONAL ELIGIBILITY.—Assistance may be

made available under this subpart only to an institution which— "(1) has, in accordance with section 487, an agreement with the Secretary applicable to this subpart; "(2) agrees that the Federal share of awards under this subpart will not exceed— "(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 "(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 section 484; and "(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 section 487, and within the amount allocated to the institution for that purpose for that year under section 413D, select individuals who are to be awarded such grants and determine, in accordance with section 413B, the amounts to be paid to them. "(2)(A) In carrying out paragraph (1) of this subsection, each institution of higher education shall, in the agreement made under section 487, assure that the selection procedures— "(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 section 484. "(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 attending the institution less than full time, a reasonable proportion of the institution's allocation shall be made available to such students. "(e)

USE AND TRANSFER OF FUNDS FOR ADMINISTRATIVE EX-

PENSES.—An agreement entered into pursuant to this section shall

20 USC i070b-2.

,.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/228

 100 STAT. 1330

"-' ^"'

PUBLIC LAW 99-498—OCT. 17, 1986

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 section 489 of this title, and may transfer such funds in accordance with the provisions of section 488. "ALLOCATION OF FUNDS

20 USC i070b-3.

"SEC. 413D. (a) ALLOCATION BASED ON PREVIOUS ALLOCATION.—(1)

From the amount appropriated pursuant to section 413A(b) for each fiscal year, the Secretary shall first allocate to each eligible institution an amount equal to 100 percent of the amount such institution received and used under this subpart for fiscal year 1985. "(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 1985 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 1985 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 1986 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.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/229

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1331

"(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). "(b) ALLOCATION OF EXCESS BASED ON PRO RATA SHARE.—From

one-quarter of the remainder of the amount appropriated pursuant to section 413A(b) for any fiscal year (after making the allocations required by subsection (a)), the Secretary shall allocate to each eligible institution an amount which bears the same ratio to such one-quarter as the amount the eligible institution receives for such fiscal year under subsection (a) bears to the amount all such institutions receive under such subsection (a). "(c) ALLOCATION OF EXCESS BASED ON FAIR SHARE.—(1) From three-quarters of the remainder of the amount appropriated pursuant to section 413A(b) for each year (after making the allocations required by subsection (a)), the Secretary shall allocate to each eligible institution which has an excess eligible amount an amount which bears the same ratio to such remainder as such excess eligible amount bears to the sum of the excess eligible amounts of all such eligible institutions (having such excess eligible amounts), "(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 (d)), divided by (ii) the sum of the need of all institutions (as so determined), multiplied by (iii) the amount appropriated pursuant to section 413A(b) of the fiscal year; exceeds "(B) the amount required to be allocated to that institution under subsection (a). "(d) 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 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 title) 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 the lesser of— "(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,

71-19A 0 - 8 9 - 9

 * QL. 3 Part2

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Page:United States Statutes at Large Volume 100 Part 2.djvu/230

 100 STAT. 1332

PUBLIC LAW 99-498—OCT. 17, 1986

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 the lesser of— "(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; "(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 and for graduate and professional 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 and graduate and professional 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 and graduate 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 three-fourths in the Pell Grant family size offset for a single independent student. "(D) The allowance for books and supplies described in subparagraph (A)(iii) is equal to $450. "(e) REALLOCATION OP EXCESS ALLOCATIONS.—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. "(f) FILING DEADUNES.—The Secretary shall, from time to time, set dates before which institutions must file applications for allocations under this part. "SUBPART 3—GRANTS TO STATES FOR STATE STUDENT INCENTIVES "PURPOSE; APPROPRIATIONS AUTHORIZED

20 USC 1070c.

"

-

415A. (a) PURPOSE OF SUBPART.—It is the purpose of this subpart to make incentive grants available to the States to assist them in providing grants to eligible students attending institutions of higher education and grants to eligible students for campus-based community service work learning study. "SEC.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/231

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1333

"(b) AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY.—(1) There are authorized to be appropriated $85,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(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. "ALLOTMENT AMONG STATES "SEC. 415B. (a) ALLOTMENT BASED ON NUMBER OF ELIGIBLE STUDENTS IN ATTENDANCE.—(1) From the sums appropriated pursuant to

20 USC I070c-i.

section 415A(b)(l) for any fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to such sums as the number of students who are deemed eligible in such State for participation in the grant program authorized by this subpart bears to the total number of such students in all the States, except that no State shall receive less than the State received for fiscal year 1979. "(2) For the purpose of this subsection, the number of students who are deemed eligible in a State for participation in the grant program authorized by this subpart, and the number of such students in all the States, shall be determined for the most recent year for which satisfactory data are available. "(b) REALLOTMENT.—The amount of any State's allotment under subsection (a) for any fiscal year which the Secretary determines will not be required for such fiscal year for the State student grant incentive program of that State shall be available for reallotment from time to time, on such dates during such year as the Secretary may fix, to other States in proportion to the original allotments to such States under such part for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use for such year for carrying out the State plan. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this part during a year from funds appropriated pursuant to section 415A(b)(l) shall be deemed part of its allotment under subsection (a) for such year. "(c) ALLOTMENTS SUBJECT TO CONTINUING COMPLIANCE.—The Secretary shall make payments for continuing incentive grants only to States which continue to meet the requirements of section 415C0t)). APPLICATIONS FOR STATE STUDENT INCENTIVE GRANT PROGRAMS "SEC.

415C.

(a) SUBMISSION AND CONTENTS OF APPLICATIONS.—A

State which desires to obtain a payment under this subpart for any fiscal year shall submit annually an application therefor through the State agency administering its program under this subpart as of July 1, 1985, unless the Governor of that State so designates, in writing, a different agency to administer the program. The application shall contain such information as may be required by, or pursuant to, regulation for the purpose of enabling the Secretary to make the determinations required under this subpart. "(b) PAYMENT OF FEDERAL SHARE OF GRANTS MADE BY QUALIFIED

PROGRAM.—From a State's allotment under this subpart for any fiscal year the Secretary is authorized to make payments to such

20 USC i070c-2.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/232

 100 STAT. 1334

5

PUBLIC LAW 99-498—OCT. 17, 1986

State for paying up to 50 percent of the amount of student grants pursuant to a State program which— "(1) is administered by a single State agency; "(2) provides that such grants will be in amounts not in excess of $2,500 per academic year (A) for attendance on a full-time basis at an institution of higher education, and (B) for campusbased community service work learning study jobs; "(3) provides that— "(A) not more than 20 percent of the allotment to the State for each fiscal year may be used for the purpose described in paragraph (2)(B); "(B) grants for the campus-based community work learning study jobs may be made only to students who are u otherwise eligible for assistance under this subpart; and "(C) grants for such jobs be made in accordance with the provisions of section 443(b)(1); "(4) provides for the selection of recipients of such grants or of such State work-study jobs on the basis of substantial financial need determined annually on the basis of criteria established by the State and approved by the Secretary; "(5) provides that, effective with respect to any academic year beginning on or after October 1, 1978, all nonprofit institutions of higher education in the State are eligible to participate in the State program, except in any State in which participation of nonprofit institutions of higher education is in violation of the constitution of the State or in any State in which participation of nonprofit institutions of higher education is in violation of a statute of the State which was enacted prior to October 1, 1978; "(6) provides for the payment of the non-Federal portion of such grants or of such work-study jobs from funds supplied by such State which represent an additional expenditure for such year by such State for grants or work-study jobs for students attending institutions of higher education over the amount expended by such State for such grants or work-study jobs, if any, during the second fiscal year preceding the fiscal year in which such State initially received funds under this subpart; "(7) provides that, if the institution's allocation under this subpart is based in part on the financial need demonstrated by students attending the institution less than full time, a reasonable proportion of the institution's allocation shall be made available to such students; "(8) provides for State expenditures under such program of an amount not less than the average annual aggregate expenditures for the preceding three fiscal years or the average annual expenditure per full-time equivalent student for such years; "(9) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State agency under this subpart, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his functions under this subpart; and "(10) for any academic year beginning after June 30, 1987, provides the non-Federal share of the amount of student grants or work-study jobs under this subpart through a direct appropriation of State funds for the program under this subpart.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/233

 PUBLIC LAW 99-498—OCT. 17, 1986 "(c)

RESERVATION

AND

DISBURSEMENT OF

100 STAT. 1335

ALLOTMENTS AND

REALLOTMENTS.—Upon Kis approval of any application for a payment under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available therefor, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the students' incentive grants or work-study jobs covered by such application. The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. The Secretary may amend the reservation of any amount under this section, either upon approval of an amendment of the application or upon revision of the estimated cost of the student grants or work-study jobs with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval. "ADMINISTRATION OF STATE PROGRAMS; JUDICIAL REVIEW "SEC.

415D.

(a) DISAPPROVAL OF APPLICATIONS; SUSPENSION OF

ELIGIBILITY.—(1) The Secretary shall not finally disapprove any application for a State program submitted under section 415C, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing. "(2) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this subpart, finds— "(A) that the State program has been so changed that it no longer complies with the provisions of this subpart, or "(B) that in the administration of the program there is a failure to comply substantially with any such provisions, the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply. "(b) REVIEW OF DECISIONS.—(1) If any State is dissatisfied with the Secretary's final action with respect to the approval of its State program submitted under this subpart or with his final action under subsection (a), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action. "(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United

20 USC i070c-3.

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CH. VII.] with a bowl of pure water. I began to think the habits of my new friend, Don Simon, very abstemious. My former companion used to shudder when I put water to my brandy, but this one would not even allow me brandy to my water.

We reached Apaneca about ten o'clock, so called from the mountain at the foot of which it stands: it contains about 1,000 inhabitants, all Indians and mixed castes. It struck me, from the appearance and bearing of the mountain, that it was the town we had remarked as the only symptoms of habitation which we had been able to notice on coasting down to Sonsonate. The belfry-door of the church being open, I ascended to the top of the steeple, when the view of the surrounding country and the ocean, which was just visible, confirmed these conjectures.

We stopped at the house of the padre or curate. His sister, the widow of an officer who died in the late revolution, a matronly woman, above fifty, took care of the


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Page:United States Statutes at Large Volume 100 Part 2.djvu/234

 100 STAT. 1336

PUBLIC LAW 99-498—OCT. 17, 1986

States upon certiorari or certification as provided in title 28, United States Code, section 1254. "DEFINITION 20 USC 1070C-4.

)3li

^

"SEC. 415E. For the purpose of this subpart, the term 'community service' means services, including direct service, planning, and applied research which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, and which— "(1) are designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to the needs of such residents, including but not limited to, such fields as health care, child care, education, literary training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood improvement, rural development, and community improvement; and "(2) provide participating students with work-learning opportunities related to their educational or vocational programs or goals. ,;.• r "SUBPART 4—SPECIAL PROGRAMS FOR STUDENTS FROM DISADVANTAGED BACKGROUNDS PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS

20 USC I070d.

417A. (a) GRANTS AND CONTRACTS AUTHORIZED.—The Secretary shall, in accordance with the provisions of this subpart, 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, and to train individuals serving or preparing for service in programs and projects so designed. "(b) ELIGIBLE GRANT AND CONTRACT RECIPIENTS.—(1) For the purposes described in subsection (a), the Secretary is authorized, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, and, in exceptional circumstances, secondary schools for planning, developing, or carrying out one or more of the services assisted under this subpart. "(2) In making grants and contracts under this subpart, the Secretary shall consider the prior experience of service delivery under the particular program for which funds are sought by each applicant. For fiscal years after 1985, the level of consideration given to prior experience shall not vary from the level of consideration given this factor for fiscal year 1985. "SEC.

"(c)

AUTHORIZATION OF APPROPRIATIONS.—For the

purpose

of

making grants and contracts under this subpart, there are authorized to be appropriated $205,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years. "(d) DEFINITIONS.—For the purpose of this subpart— \ > "(1) the term 'first generation college student' means— "(A) an individual both of whose parents did not complete ! a baccalaureate degree; or

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