assistance to institutions of higher education

assistance to institutions of higher education Sec. 1001. (a) Part A of Title IV of the Higher Education Act of 1965 is amended by inserting at the end thereof the following new subpart: “Subpart 5— Assistance to Institutions of Higher Education “payments to institutions of higher education “Sec. 419. (a) Each institution of higher education shall be entitled for each fiscal year to a cost-of-education payment in accordance with the provisions of this section. 86 Stat. 376 “(b) (1) The amount of the cost-of-education payment to which an institution shall be entitled under this section for a fiscal year shall be, subject to subsection (d), the amount determined under paragraph (2)(A) plus the amount determined under paragraph (2)(B). “(2) (A) (i) The Commissioner shall determine the amount to which an institution is entitled under this subparagraph on the basis of the total number of undergraduate students who are in attendance at the institution and the number of students who are also recipients of basic grants under subpart 1, in accordance with the following table: “If the total number of students in attendance is— The amount of the grant is— Not over 1,000 $500 for each recipient Over 1,000 but not over 2,500 $500 for each of 100 recipients; pans $400 for each recipient in excess of 100. Over 2,500 but not over 5,000 $500 for each of 100 recipients; plus $400 for each of 150 recipients in excess of 100; plus $300 for each recipient in excess of 250. Over 5,000 but not over 10,000 $500 for each 100 recipients; plus $400 for each of 150 recipients in excess Of 100; plus $300 for each of 250 recipients in excess of 250; plus $200 for each recipient in excess of 500. Over 10,000 $500 for each of the 100 recipients; plus $400 for each of 150 recipients in excess of 100; plus $300 for each of 250 recipients in excess of 250; plus $200 for each of 500 recipients in excess of 500; plus $100 for each recipient in excess of 1,000. “(ii) In any case where a recipient of a basic, grant under subpart 1 attends an institution receiving a cost-of-education payment under this subpart on less than a full-time basis, the amount determined under this subparagraph with respect to that student shall be reduced in proportion to the degree to which that student is not attending on a full-time basis. “(iii) If during any period of any fiscal year the funds available for making payments on the basis of entitlements established under this subparagraph are insufficient to satisfy fully all such entitlements, the amount paid with respect to each such entitlement shall be ratably reduced. When additional funds become available for such purpose, the amount of payment from such additional funds shall be in proportion to the degree to which each such entitlement is unsatisfied by the payments made under the first sentence of this division. “(B) (i) The Commissioner shall determine with respect to each institution an amount equal to the appropriate per centum (specified on the table below) of the aggregate of— “(I) supplemental educational opportunity grants under subpart 2; “(II) work-study payments under part C; and “(III) loans to students under part E; made for such year to students who are in attendance at such institution. The Commissioner shall determine such amounts on the basis of percentages of such aggregate, and the number of students in attendance at institutions during the most recent academic year ending prior to such fiscal year, in accordance with the following table: “If the number of students In attendance at the institution is— The percentage of such aggregate shall be— Not over 1,000 50 per centum. Over 1,000 but not over 3,000 46 per centum. Over 3,000 but not over 10,000 42 per centum. Over 10,000 38 per centum. 86 Stat. 377 “(ii) If during any period of any fiscal year the funds available for making payments on the basis of entitlements established under this subparagraph are insufficient to satisfy fully all such entitlements, the amount paid with respect to each such entitlement shall be ratably reduced. When additional funds become available for such purpose, the amount of payment from such additional funds shall be in proportion to the degree to which each such entitlement is unsatisfied by the payments made under the first sentence of this division. “(3) (A) In determining the number of students in attendance at institutions of higher education under this subsection, the Commissioner shall compute the full-time equivalent of part-time students. “(B) The Commissioner shall make a separate determination of the number of students in attendance at an institution of higher education and the number of recipients of basic grants at any such institution at each branch or separate campus of that institution located in a different community from the principal campus of that institution pursuant to criteria established by him. “(c) (1) An institution of higher education may receive a cost-of-education payment in accordance with this section only upon application therefor. An application under this section shall be submitted at such time or times, in such manner, and containing such information as the Commissioner determines necessary to carry out his functions under this title, and shall— “(A) set forth such policies, assurances, and procedures as will insure that— “(i) the funds received by the institution under this section will be used solely to defray instructional expenses in academically related programs of the applicant; “(ii) the funds received by the institution under this section will not be used for a school or department of divinity or for any religious worship or sectarian activity; “(iii) the applicant will expend, during the academic year for which a payment is sought, for all academically related programs of the institution, an amount equal to at least the average amount so expended during the three years preceding the year for which the grant is sought; and “(iv) the applicant will submit to the Commissioner such reports as the Commissioner may require by regulation; and “(B) contain such other statement of policies, assurances, and procedures as the Commissioner may require by regulation in order to protect the financial interests of the United States. “(d) (1) The Commissioner shall pay to each institution of higher education for each fiscal year the amount to which it is entitled under this section. “(2) Of the total sums appropriated to make payments on the basis of entitlements established under this section and on the basis of entitlements established under part F of title IX— “(A) 45 per centum shall be available for making payments on the basis of entitlements established under paragraph (2)(A) of subsection (a); “(B) 45 per centum shall be available for making payments on the basis of entitlements established under paragraph (2)(B) of subsection (a); and “(C) 10 per centum shall be available for making payments on the basis of entitlements established under part F of title IX. “(3) No payments on the basis of entitlements established under paragraph (2)(A) of subsection (a) may be made during any fiscal year for which the appropriations for making grants under subpart 1 does not equal at least 50 per centum of the appropriation necessary86 Stat. 378 for satisfying the total of all entitlements established under such subpart. In no event shall, during any fiscal year, the aggregate of the payments to which this paragraph applies exceed that percentage of the total entitlements established under such paragraph (2)(A) which equals the percentage of the total entitlements established under subpart 1 which are satisfied by appropriations for such purpose for that fiscal year. “veterans’ cost-of-instruction payments to institutions of higher education “Sec. 420. (a) (1) During the period beginning July 1, 1972 and ending June 30, 1975, each institution of higher education shall be entitled to a payment under, and in accordance with, this section during any fiscal year, if the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of title 38, United States Code, or veterans receiving educational assistance under chapter 34 of such title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least 110 per centum of the number of such recipients who were in attendance at such institution during the preceding academic year. “(2) During the period specified in paragraph (1), each institution which has qualified for a payment under this sect ion for any year shall be entitled during the succeeding year, notwithstanding paragraph (1), to a payment under and in accordance with this section, if the number of persons referred to in such paragraph (1) equals at least the number of such persons who were in attendance at such institution during the preceding academic year. Each institution which is entitled to a payment for any fiscal year by reason of the preceding Sentence shall be deemed, for the purposes of any such year succeeding the year for which it is so entitled, to have been entitled to a payment under paragraph (1) during the preceding fiscal year. “(b) (1) The amount of the payment to which any institution shall be entitled under this section for any fiscal year shall be— “(A) $300 for each person who is a veteran receiving vocational rehabilitation under chapter 31 of title 38, United States Code, or a veteran receiving educational assistance under chapter 34 of such title 38, and who is in attendance at such institution as an undergraduate student during such year; and “(B) in addition, $150, except in the case of persons on behalf of whom the institution has received a payment in excess of $150 under section 419, for each person who has been the recipient of educational assistance under subchapter V or subchapter VI of chapter 34 of such title 38, and who is in attendance at such institution as an undergraduate student during such year. “(2) In any case where a person on behalf of whom a payment is made under this section attends an institution on less than a full-time basis, the amount of the payment on behalf of that person shall be reduced in proportion to the degree to which that person is not attending on a full-time basis. “(c) (1) An institution of higher education shall lie eligible to receive the payment to which it is entitled under this section only if it makes application therefor to the Commissioner. An application under this section shall be submitted at such time or times, in such manner, in such form, and containing such information as the Commissioner determines necessary to carry out his functions under this title, and shall— “(A) meet the requirements set forth in clauses (A) and (B) of section 419(c)(1); 86 Stat. 379 “(B) set forth such plans, policies, assurances, and procedures as will insure that the applicant will make an adequate efforts— “(i) to maintain a full-time office of veterans’ affairs which has responsibility for veterans’ outreach, recruitment, and special education programs, including the provision of educational, vocational, and personal counseling for veterans, “(ii) to carry out programs designed to prepare educationally disadvantaged veterans for postsecondary education (I) under subchapter V of chapter 34 of title 38, United States Code, and (II) in the case of any institution located near a military installation, under subchapter VI of such chapter 34, “(iii) to carry out active outreach, recruiting, and counseling activities through the use of funds available under federally assisted work-study programs, and “(iv) to carry out an active tutorial assistance program (including dissemination of information regarding such program) in order to make maximum use of the benefits available under section 1692 of such title 38, except that an institution with less than 2,500 students in attendance (I) which the Commissioner determines, in accordance with regulations jointly prescribed by the Commissioner and the Administrator of Veterans’ Affairs (hereinafter referred to as the ‘Administrator’), cannot feasibly itself carry out any or all of the programs set forth in subclauses (i) through (iv) of this clause, may carry out such program or programs through a consortium agreement with one or more other institutions of higher education, and (II) shall be required to carry out such programs only to the extent that the Commissioner determines, in accordance with regulations jointly prescribed by the Commissioner and the Administrator, is appropriate in terms of the number of veterans in attendance at such institution. The adequacy of efforts to meet the requirements of clause (B) in the preceding sentence shall be determined by the Commissioner, based upon the recommendation of the Administrator, in accordance with criteria established in regulations jointly prescribed by the Commissioner and the Administrator. “(2) The Commissioner shall not approve an application under this subsection unless he determines that the applicant will implement the requirements of clause (B) of paragraph (1) within the first academic year during which it receives a payment under this section. “(d) The Commissioner shall pay to each institution of higher education which has had an application approved under subsection (c) the amount to which it is entitled under this section. Payments under this subsection shall be made in not less than three installments during each academic year and shall be based on the actual number of persons on behalf of whom such payments are made in attendance at the institution at the time of the payment. “(e) No less than 50 per centum of the amount of payments received by any institution under subsection (d) of this section in each academic year shall be applied by such institution to implement the requirement of subclause (i) of clause (B) of paragraph (1) of subsection (c) of this section, and, to the extent that such 50 per centum amount is not exhausted, the requirements of subclauses (ii), (iii), and (iv) of such clause, except that the Commissioner may, in accordance with criteria established in regulations jointly prescribed by the Commissioner with the Administrator, waive the requirement of this subsection to the extent that he finds that such institution is adequately carrying out all such requirements without the necessity for such application of such amount of the payments received under this subsection.”. 86 Stat. 380 (b) Title IX of the Higher Education Act of 1965 is amended by adding at the end thereof the following new part: “Part F— General Assistance to Graduate Schools “general assistance grants “Sec. 981. (a) Each institution of higher education shall, during the period beginning July 1, 1972 and ending June 30, 1975, be entitled to a general assistance grant (hereinafter in this section referred to as ‘grant’) in accordance with the provisions of this section. “(b) The amount of a grant to which an institution shall be entitled for any fiscal year shall be $200 multiplied by the number of students in full-time enrollment (including the full-time equivalent of the part-time enrollment for credit) at such institution who are pursuing a program of post-baccalaureate study. “(c) In order to be eligible for the grant to which it is entitled, an institution shall make application therefor to the Commissioner. Such application shall be submitted at such time or times and in such manner us the Commissioner shall prescribe by regulation. Such application shall be approved if the Commissioner determines that it— “(1) describes general educational goals and specific objectives of the graduate programs of the institution, and the amount of institutional income needed to meet such goals and objectives; “(2) provides satisfactory assurance that— “(A) the proceeds of the grant will be used for programs of the applicant consistent with such goals and objectives, “(B) current operating support from non-Federal sources for educationally related graduate programs of the applicant has not been reduced in anticipation of funds to be received under this section, and “(C) the applicant will make such reports as the Commissioner may require including a summary report describing how the grant was expended and an evaluation of its effectiveness in achieving such goals and objectives; and “(3) contains such provisions as the Commissioner may require by regulation in order to protect the financial interests of the United States. The Commissioner may waive the requirement set forth in clause (2)(B) in the preceding sentence for any fiscal year if he determines, in accordance with criteria prescribed by regulation, that such waiver would promote the purposes of this section. “(d) (1) The Commissioner shall pay to each applicant the amount for which it is eligible under this section. “(2) If during any period, the funds available for making payments pursuant to paragraph (1) are insufficient to satisfy fully the amounts for which all institutions are. eligible under this section, the amounts for which all applicants are eligible shall be ratably reduced. “(e) None of the proceeds from a grant may be used to support a school or department of divinity or for religious worship or sectarian instruction. “(f) The Commissioner shall report to Congress not later than 120 days after the end of each fiscal year regarding the effectiveness of assistance under this section in achieving the goals and objectives of institutions of higher education and in encouraging diversity and autonomy among such institutions of higher education. The Commissioner, in such report, shall include such recommendations as may be appropriate regarding the continuation, modification, or extension of assistance under this section.”. 86 Stat. 381 (c) (1) Section 401(a) of the Higher Education Act of 1965 is amended (A) by striking out the word “and” at the end of paragraph (3) of such section; (B) by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon and the word “and”; and (C) by adding at the end thereof the following new paragraph: “(5) providing assistance to institutions of higher education.”. (2) Section 401 (b) of such Act is amended by striking out “and 4” and inserting in lieu thereof “4 and 5”. (3) Section 491(b)(1) of such Act is amended by inserting after “For the purposes of this title,” the following “except subpart 5 of part A,”. (d) The total of the payments made under subpart 5 of part A of title IV, of the Higher Education Act of 1965 (except section 420) and under part F of title IX of such Act may not exceed $1,000,000,000 during any fiscal year.