FEDERAL EARLY OUTREACH AND STUDENT SERVICES PRO-GRAMS.

SEC. 402. FEDERAL EARLY OUTREACH AND STUDENT SERVICES PRO-GRAMS. (a) Amendments.— Part A of title IV of the Act (20 U.S.C. 1070 et seq.) is amended— (1) by repealing subpart 4; (2) by redesignating subparts 2 and 3 as subparts 3 and 4, respectively; (3) by redesignating sections 401 and 411 as sections 400 and 401, respectively; and (4) by inserting after section 401 (as redesignated by paragraph (3)) the following new subpart: “Subpart 2— Federal Early Outreach and Student Services Programs “CHAPTER 1— FEDERAL TRIO PROGRAMS “SEC. 402A. PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS. “(a) Grants and Contracts Authorized.— The Secretary shall, in accordance with the provisions of this chapter, carry out a program of making grants and contracts designed to identify qualified individuals from disadvantaged backgrounds, to prepare them for 106 STAT. 483a program of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individuals serving or preparing for service in programs and projects so designed. “(b) Recipients, Duration, and Size.— “(1) Recipients.— For the purposes described in subsection (a), the Secretary is authorized, without regard to 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, combinations of such institutions, agencies and organizations, and in exceptional circumstances, secondary schools, for planning, developing, or carrying out one or more of the services assisted under this chapter. “(2) Duration.— Grants or contracts made under this chapter shall be awarded for a period of 4 years, except that the Secretary shall award such grants or contracts for 5 years to applicants whose peer review scores were in the highest 10 percent of scores of all applicants receiving grants or contracts in each program competition for the same award year. “(3) Minimum grant level.— In any year in which the appropriations authorized under this chapter exceed the prior year appropriation as adjusted for inflation, the Secretary shall use 80 percent of the amount appropriated above the current services level to bring each award up to the minimum grant level or the amount requested by the institution or agency, whichever is less. The minimum grant level (A) for programs authorized under section 402D or 402G, shall not be less than $170,000 for fiscal year 1993; (B) for programs authorized under section 402B or 402F shall not be less than $180,000 for fiscal year 1994; and (C) for programs authorized under section 402C or 402E shall not be less than $190,000 for fiscal year 1995. “(c) Procedures for Awarding Grants and Contracts.— “(1) Prior experience.— In making grants and contracts under this chapter, 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. “(2) Order of awards; program fraud.— (A) Except as provided in subparagraph (B), the Secretary shall award grants and contracts under this chapter in the order of the scores received by the application for such grant or contract in the peer review process required under section 1210 and adjusted for prior experience in accordance with paragraph (1). “(B) The Secretary is not required to provide assistance to a program otherwise eligible for assistance under this chapter, if the Secretary has determined that such program has involved the fraudulent use of funds under this chapter. “(3) Peer review process.— (A) The Secretary shall assure that, to the extent practicable, members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans, Alaska Natives, Asian Americans, Native American Pacific Islanders (including Native Hawaiians), are represented as readers of applications submit-106 STAT. 484ted under this chapter. The Secretary shall also assure that persons from urban and rural backgrounds are represented as readers. “(B) The Secretary shall ensure that each application submitted under this chapter is read by at least 3 readers who are not employees of the Federal Government (other than as readers of applications). “(4) Application status.— The Secretary shall inform each entity operating programs under this chapter regarding the status of their application for continued funding at least 8 months prior to the expiration of the grant or contract. The Secretary, in the case of an entity that is continuing to operate a successful program under this chapter, shall ensure that the start-up date for a new grant or contract for such program immediately follows the termination of preceding grant or contract so that no interruption of funding occurs for such successful reapplicants. The Secretary shall inform each entity requesting assistance under this subpart for a new program regarding the status of their application at least 8 months prior to the proposed startup date of such program. “(5) Number of applications for grants and contracts.— The Secretary shall not limit the number of applications submitted by an entity under any program authorized under this chapter if the additional applications describe programs serving different populations or campuses. “(6) Coordination with other programs for disadvantaged students.— The Secretary shall encourage coordination of programs assisted under this chapter with other programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding source of such programs. The Secretary shall not limit an entity’s eligibility to receive funds under this chapter because such entity sponsors a program similar to the program to be assisted under this chapter, regardless of the funding source of such program. The Secretary shall not require a separate Director to administer a program funded under this chapter if the imposition of such requirement will hinder coordination among programs funded under this chapter or between programs funded under this subpart and similar programs funded through other sources. “(d) Outreach.— “(1) In general.— The Secretary shall conduct outreach activities to ensure that entities eligible for assistance under this chapter submit applications proposing programs that serve geographic areas and eligible populations which have been underserved by the programs assisted under this chapter. “(2) Notice.— In carrying out the provisions of paragraph (1), the Secretary shall notify the entities described in subsection (b) of the availability of assistance under this subsection not less than 120 days prior to the deadline for submission of applications under this chapter and shall consult national, State, and regional organizations about candidates for notification. “(3) Technical assistance.— The Secretary shall provide technical training to applicants for projects and programs authorized under this chapter. The Secretary shall give priority to serving programs and projects that serve geographic areas 106 STAT. 485 and eligible populations which have been underserved by the programs assisted under this chapter. Technical training activities shall include the provision of information on authorizing legislation, goals and objectives of the program, required activities, eligibility requirements, the application process and application deadlines, and assistance m the development of program proposals and the completion of program applications. Such training shall be furnished at conferences, seminars, and workshops to be conducted at not less than 10 sites throughout the United States to ensure that all areas of the United States with large concentrations of eligible participants are served. “(4) Special rule.— The Secretary may contract with eligible entities to conduct the outreach activities described in this subsection. “(e) Documentation of Status as a Low-Income Individual.— Documentation of an individual’s status pursuant to subsection (g)(2) shall be made— “(1) in the case of an individual who is eighteen years of age or younger or a dependent student by providing the Secretary with a signed statement from the parent or legal guardian, verification from another governmental source, a signed financial aid application, or a signed United States or Puerto Rican income tax return; and “(2) in the case of an individual who is age 18 or older or who is an independent student, by providing the Secretary with a signed statement from the individual, verification from another governmental source, a signed financial aid form, or a signed United States or Puerto Rican income tax return. “(f) Authorization of Appropriations.— For the purpose of making grants and contracts under this chapter, there are authorized to be appropriated $650,000,000 for fiscal year 1993, and such sums as may be necessary for each of the 4 succeeding fiscal years. Of the amount appropriated under this chapter, the Secretary may use no more than of 1 percent of such amount to obtain additional qualified readers and additional staff to review applications, to increase the level of oversight monitoring, to support impact studies, program assessments and reviews, and to provide technical assistance to potential applicants and current grantees. In expending these funds, the Secretary shall give priority to the additional administrative requirements provided in the Higher Education Amendments of 1992, to outreach activities, and to obtaining additional readers. The Secretary shall report to Congress by October 1, 1994, on the use of these funds. “(g) Definitions.— For the purpose of this chapter: “(1) First generation college student.— The term “first generation college student’ means— “(A) an individual both of whose parents did not complete a baccalaureate degree; or “(B) in the case of any individual who regularly resided with and received support from only one parent, an individual whose only such parent did not complete a baccalaureate degree. “(2) Low-income individual.— The term “low-income individual’ means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. 106 STAT. 486 “(3) Veteran eligibility.— No veteran shall be deemed ineligible to participate in any program under this chapter by reason of such individual’s age who— “(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and was discharged or released therefrom under conditions other than dishonorable; or “(B) served on active duty after January 31, 1955, and was discharged or released therefrom because of a service connected disability. “SEC. 402B. TALENT SEARCH. “(a) Program Authority.— The Secretary shall carry out a program to be known as talent search which shall be designed— “(1) to identify qualified youths with potential for education at the postsecondary level and to encourage such youths to complete secondary school and to undertake a program of postsecondary education; “(2) to publicize the availability of student financial assistance available to persons who pursue a program of postsecondary education; and “(3) to encourage persons who have not completed programs of education at the secondary or postsecondary level, but who have the ability to complete such programs, to reenter such programs. “(b) Permissible Services.— Any talent search project assisted under this chapter may provide services such as— “(1) academic advice and assistance in secondary school and college course selection; “(2) assistance in completing college admission and financial aid applications; “(3) assistance in preparing for college entrance examinations; “(4) guidance on secondary school reentry or entry to general educational development (GED) programs or other alternative education programs for secondary school dropouts; “(5) personal and career counseling; “(6) tutorial services; “(7) exposure to college campuses as well as cultural events, academic programs and other sites or activities not usually available to disadvantaged youth; “(8) workshops and counseling for parents of students served; “(9) mentoring programs involving elementary or secondary school teachers, faculty members at institutions of higher education. students, or any combination of such persons; and “(10) programs and activities as described in paragraphs (1) through (9) which are specially designed for students of limited English proficiency. “(c) Requirements for Approval of Applications.— In approving applications for talent search projects under this chapter for any fiscal year the Secretary shall— “(1) require an assurance that not less than two-thirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students; “(2) require that such participants be persons who either have completed 5 years of elementary education or are at least 11 years of age but not more than 27 years of age, 106 STAT. 487unless the imposition of any such limitation with respect to any person would defeat the purposes of this section or the purposes of section 402F; “(3) require an assurance that individuals participating in the project proposed in the application do not have access to services from another project funded under this section or under section 402F; and “(4) require an assurance that the project will be located in a setting accessible to the persons proposed to be served by the project. “SEC. 402C. UPWARD BOUND. “(a) Program Authority.— The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond secondary school. “(b) Permissible Services.— Any upward bound project assisted under this chapter may provide services such as— “(1) instruction in reading, writing, study skills, mathematics, and other subjects necessary for success beyond secondary school; “(2) personal counseling; “(3) academic advice and assistance in secondary school course selection; “(4) tutorial services; “(5) exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth; “(6) activities designed to acquaint youths participating in the project with the range of career options available to them; “(7) instruction designed to prepare youths participating in the project for careers in which persons from disadvantaged backgrounds are particularly underrepresented; “(8) on-campus residential programs; “(9) mentoring programs involving elementary or secondary school teachers, faculty members at institutions of higher education, students, or any combination of such persons; and “(10) programs and activities as described in paragraphs (1) through (9) which are specially designed for students of limited English proficiency. “(c) Required Services.— Any upward bound project assisted under this chapter which has received funding for two or more years shall include, as part of the core curriculum in the next and succeeding years, instruction in mathematics through precalculus, laboratory science, and foreign language, composition, and literature. “(d) Requirements for Approval of Applications.— In approving applications for upward bound projects under this chapter for any fiscal year, the Secretary shall— “(1) require an assurance that not less than two-thirds of the youths participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students; “(2) require an assurance that the remaining youths participating in the project proposed to be carried out under any application be either low-income individuals or first generation college students; 106 STAT. 488 “(3) require that there be a determination by the institution, with respect to each participant in such project that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school; and “(4) require that such participants be persons who have completed 8 years of elementary education and are at least 13 years of age but not more than 19 years of age, unless the imposition of any such limitation would defeat the purposes of this section. “(e) Maximum Stipends.— Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $60 per month during June, July, and August, and not in excess of $40 per month during the remaining period of the year. “SEC. 402D. STUDENT SUPPORT SERVICES. “(a) Program Authority.— The Secretary shall carry out a program to be known as student support services which shall be designed— “(1) to increase college retention and graduation rates for eligible students; “(2) to increase the transfer rates of eligible students from 2-year to 4-year institutions; and “(3) to foster an institutional climate supportive of the success of low-income and first generation college students and individuals with disabilities. “(b) Permissible Services.— A student support services project assisted under this chapter may provide services such as— “(1) instruction in reading, writing, study skills, mathematics, and other subjects necessary for success beyond secondary school; “(2) personal counseling; “(3) academic advice and assistance in course selection; “(4) tutorial services and counseling and peer counseling; “(5) exposure to cultural events and academic programs not usually available to disadvantaged students; “(6) activities designed to acquaint students participating in the project with the range of career options available to them; “(7) activities designed to assist students participating in the project in securing admission and financial assistance for enrollment in graduate and professional programs; “(8) activities designed to assist students currently enrolled in 2-year institutions in securing admission and financial assistance for enrollment in a four-year program of postsecondary education; “(9) mentoring programs involving faculty or upper class students, or a combination thereof; and “(10) programs and activities as described in paragraphs (1) through (9) which are specially designed for students of limited English proficiency. “(c) Requirements for Approval of Applications.— In approving applications for student support services projects under this chapter for any fiscal year, the Secretary shall— “(1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application— 106 STAT. 489 “(A) be individuals with disabilities; or “(B) be low-income individuals who are first generation college students; “(2) require an assurance that the remaining students participating in the project proposed to be carried out under any application either be low-income individuals, first generation college students, or individuals with disabilities; “(3) require an assurance that not less than one-third of the individuals with disabilities participating in the project be low-income individuals; “(4) require that there be a determination by the institution, with respect to each participant in such project, that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school; “(5) require that such participants be enrolled or accepted for enrollment at the institution which is the recipient of the grant or contract; and “(6) require an assurance from the institution which is the recipient of the grant or contract that each student enrolled in the project will be offered sufficient financial assistance to meet that student’s full financial need. “SEC. 402E. POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY. “(a) Program Authority.— The Secretary shall carry out a program to be known as the ‘Ronald E. McNair Postbaccalaureate Achievement Program’ that shall be designed to provide disadvantaged college students with effective preparation for doctoral study. “(b) Services.— A postbaccalaureate achievement project assisted under this section may provide services such as— “(1) opportunities for research or other scholarly activities at the institution or at graduate centers designed to provide students with effective preparation for doctoral study; “(2) summer internships; “(3) seminars and other educational activities designed to prepare students for doctoral study; “(4) tutoring; “(5) academic counseling; “(6) activities designed to assist students participating in the project in securing admission to and financial assistance for enrollment in graduate programs; “(7) mentoring programs involving faculty members at institutions of higher education, students, or any combination of such persons; and “(8) exposure to cultural events and academic programs not usually available to disadvantaged students. “(c) Requirements.— In approving applications for postbaccalaureate achievement projects assisted under this section for any fiscal year, the Secretary shall require— “(1) an assurance that not less than two-thirds of the individuals participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students; “(2) an assurance that the remaining persons participating in the project proposed to be carried out be from a group that is underrepresented in graduate education; 106 STAT. 490 “(3) an assurance that participants be enrolled in a degree program at an eligible institution having an agreement with the Secretary in accordance with the provisions of section 487; and “(4) an assurance that participants in summer research internships have completed their sophomore year in postsecondary education. “(d) Award Considerations.— In addition to such other selection criteria as may be prescribed by regulations, the Secretary shall consider in making awards to institutions under this section— “(1) the quality of research and other scholarly activities in which students will be involved; “(2) the level of faculty involvement in the project and the description of the research in which students will be involved; and “(3) the institution’s plan for identifying and recruiting participants including students enrolled in projects authorized under this section. “(e) Maximum Stipends.— Students participating in research under a postbaccalaureate achievement project may receive an award that— “(1) shall include a stipend not to exceed $2,400 per annum; and “(2) may include, in addition, the costs of summer tuition, summer room and board, and transportation to summer programs. “(f) Funding.— From amounts appropriated pursuant to the authority of section 402A(f), the Secretary shall, to the extent practicable, allocate funds for projects authorized by this section in an amount which is not less than $11,000,000 for each of the fiscal years 1993 through 1997. “SEC. 402F. EDUCATIONAL OPPORTUNITY CENTERS. “(a) Program Authority; Services Provided.— The Secretary shall carry out a program to be known as educational opportunity centers which shall be designed— “(1) to provide information with respect to financial and academic assistance available for individuals desiring to pursue a program of postsecondary education; and “(2) to provide assistance to such persons in applying for admission to institutions at which a program of postsecondary education is offered, including preparing necessary applications for use by admissions and financial aid officers. “(b) Permissible Services.— An educational opportunity center assisted under this section may provide services such as— “(1) public information campaigns designed to inform the community regarding opportunities for postsecondary education and training; “(2) academic advice and assistance in course selection; “(3) assistance in completing college admission and financial aid applications; “(4) assistance in preparing for college entrance examinations; “(5) guidance on secondary school reentry or entry to a general educational development (GED) program or other alternative education programs for secondary school dropouts; “(6) personal counseling; “(7) tutorial services; 106 STAT. 491 “(8) career workshops and counseling; “(9) mentoring programs involving elementary or secondary school teachers, faculty members at institutions of higher education. students, or any combination of such persons; and “(10) programs and activities as described in paragraphs (1) through (9) which are specially designed for students of limited English proficiency. “(c) Requirements for Approval of Applications.— In approving applications for educational opportunity centers under this section for any fiscal year the Secretary shall— “(1) require an assurance that not less than two-thirds of the persons participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students; “(2) require that such participants be persons who are at least nineteen years of age, unless the imposition of such limitation with respect to any person would defeat the purposes of this section or the purposes of section 402B; and “(3) require an assurance that individuals participating in the project proposed in the application do not have access to services from another project funded under this section or under section 402B. “SEC. 402G. STAFF DEVELOPMENT ACTIVITIES. “(a) Secretary’s Authority.— For the purpose of improving the operation of the programs and projects authorized by this chapter, the Secretary is authorized to make grants to institutions of higher education and other public and private nonprofit institutions and organizations to provide training for staff and leadership personnel employed in, or preparing for employment in, such programs and projects. “(b) Contents of Training Programs.— Such training shall include conferences, internships, seminars, workshops, and the publication of manuals designed to improve the operation of such programs and projects and shall be carried out in the various regions of the Nation in order to ensure that the training opportunities are appropriate to meet the needs in the local areas being served by such programs and projects. Such training shall be offered annually for new directors of projects funded under this chapter as well as annually on the following topics and other topics chosen by the Secretary: “(1) Legislative and regulatory requirements for the operation of programs funded under this chapter. “(2) Assisting students in receiving adequate financial aid from programs assisted under this title and other programs. “(3) The design and operation of model programs for projects funded under this chapter. “(c) Consultation.— Grants for the purposes of this section shall be made only after consultation with regional and State professional associations of persons having special knowledge with respect to the needs and problems of such programs and projects. “SEC. 402H. EVALUATION FOR PROJECT IMPROVEMENT. “(a) In General.— For the purpose of improving the operation of the programs and projects assisted under this chapter, the Secretary is authorized to make grants to and enter into contracts with institutions of higher education and other public and private institutions and organizations to evaluate the effectiveness of the 106 STAT. 492various programs assisted under this subpart in meeting the purposes described in this chapter. “(b) Content.— The evaluations described in subsection (a) shall identify institutional, community and program practices particularly effective in increasing the access of low-income individuals and first-generation college students to postsecondary education, the preparation of such individuals and students for postsecondary education, and such individuals’ and students’ success in postsecondary education. “(c) Results.— In order to improve program effectiveness, the results of the ongoing evaluations described in subsection (a) shall be disseminated by the Secretary to similar programs assisted under this chapter as well as other individuals concerned with the postsecondary access and retention of low-income individuals and first-generation college students. “CHAPTER 2— NATIONAL EARLY INTERVENTION SCHOLARSHIP AND PARTNERSHIP PROGRAM “SEC. 404A. EARLY INTERVENTION PROGRAM AUTHORIZED. “The Secretary is authorized, in accordance with the requirements of this chapter, to establish a program that— “(1) encourages States to provide or maintain a guarantee to eligible low-income students who obtain a high-school diploma (or its equivalent), of the financial assistance necessary to permit them to attend an institution of higher education; and “(2) provides incentives to States, in cooperation with local educational agencies, institutions of higher education, community organizations and business, to provide— “(A) additional counseling, mentoring, academic support, outreach, and supportive services to elementary, middle, and secondary school students who are at risk of dropping out of school; and “(B) information to students and their parents about the advantages of obtaining a postsecondary education and their college financing options. “SEC. 404B. STATE ELIGIBILITY AND STATE PLAN. “(a) Plan Required for Eligibility.— (1) In order for a State to qualify for a grant under this chapter, the State shall submit to the Secretary a plan for carrying out the program under this chapter. Such plan shall provide for the conduct, under the State program, of both a scholarship component in accordance with section 403C and an early intervention component in accordance with section 403D. “(2) Each State plan submitted pursuant to paragraph (1) be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may require by regulation and shall— “(A) describe the activities for which assistance under this section is sought; and “(B) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this section. 106 STAT. 493 “(b) Matching Requirement.— The Secretary shall not approve a plan submitted under subsection (a) unless such plan— “(1) provides that the State will provide, from State, local, or private funds, not less than one-half the cost of the program; “(2) specifies the methods by which such share of the costs will be paid; and “(3) includes provisions designed to assure that funds provided under this chapter shall supplement and not supplant funds expended for existing State and local programs. “(c) Methods for Complying With Matching Requirement.— A State may count toward the contribution required by subsection (b)(1)— “(1) the amount of the grants paid to students from State, local, or private funds under this chapter; “(2) the amount of tuition, fees, room or board waived or reduced for recipients of grants under this chapter; and “(3) the amount expended on documented, targeted, long-term mentoring and counseling provided by volunteers or paid staff of nonschool organizations, including businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other organizations. “(d) Payment Requirements.— Upon submission by a State of such documents as the Secretary may, by regulation, require for demonstrating the total amount expended by the State in accordance with this chapter for a fiscal year, the Secretary shall, from such State’s allotment under section 404E for such fiscal year, pay to such State an amount equal to not more than one-half of the total amount so expended. “SEC. 404C. EARLY INTERVENTION. “(a) In General.— In order to receive payments under section 404B(d), a State shall demonstrate to the satisfaction of the Secretary that the State will provide comprehensive mentoring, counseling, outreach, and supportive services to students participating in programs under this chapter who are enrolled in preschool through grade 12. Such counseling shall include financial aid counseling that provides information on the opportunities for financial assistance under this title. The State shall demonstrate, pursuant to regulations of the Secretary, the methods by which the State will target services on priority students. “(b) Uses of Funds.— “(1) In general.— The Secretary shall, by regulation, establish criteria for determining whether comprehensive mentoring, counseling, outreach, and supportive services programs may be used to meet the requirements of subsection (a). “(2) Allowable providers.— The activities required by subsection (a) may be provided by service providers such as community-based organizations, schools, institutions of higher education, public and private agencies, nonprofit and philanthropic organizations, businesses, institutions and agencies sponsoring programs authorized under subpart 4 of this part, and other organizations the Secretary deems appropriate. “(3) Permissible activities.— Examples of acceptable activities to meet the requirements of subsection (a) include the following: 106 STAT. 494 “(A) Providing eligible students in preschool through grades 12 with a continuing system of mentoring and advising that— “(i) is coordinated with the Federal and State community service initiatives; and “(ii) may include such support services as after school and summer tutoring, assistance in obtaining summer jobs, career mentoring and academic counseling. “(B) Requiring each student to enter into an agreement under which the student agrees to achieve certain academic milestones, such as completing a prescribed set of courses and maintaining satisfactory academic progress as described in section 484(c), in exchange for receiving tuition assistance for a period of time to be established by each State. “(C) Activities designed to ensure high school completion and college enrollment of at-risk children, including identification of at-risk children, after school and summer tutoring, assistance in obtaining summer jobs, academic counseling, volunteer and parent involvement and former or current scholarship recipients as mentor or peer counselors, skills assessment, personal counseling, family counseling and home visits, and staff development, and programs and activities as described in this subparagraph which are specially designed for students of limited English proficiency. “(D) Prefreshman summer programs that— “(i) are at institutions of higher education that also have programs of academic year supportive services for disadvantaged students through projects authorized under section 401D of this subpart or through comparable projects funded by the State or other sources; “(ii) assure the participation of students who qualify as disadvantaged under the provisions of section 401D of this part or who are eligible for comparable programs funded by the State; “(iii) (I) provide summer instruction in remedial, developmental or supportive courses; (II) provide such summer services as counseling, tutoring, or orientation; and (III) provide grant aid to students to cover prefreshman summer costs for books, supplies, living costs and personal expenses; and “(iv) assure that participating students will receive financial aid during each academic year they are enrolled at the participating institution after the prefreshman summer. “(E) Requiring eligible students to meet other standards or requirements as the State determines necessary to meet the purposes of this section. “(c) Priority Students.— In administering the early intervention component, the State shall treat as priority students any student in preschool through grade 12 who is eligible— “(1) to be counted under section 1005(c) of the Elementary and Secondary Education Act of 1965; “(2) for free or reduced price meals pursuant to the National School Lunch Act; or “(3) for assistance pursuant to part A of title IV of the Social Security Act (Aid to Families with Dependent Children). 106 STAT. 495 “SEC. 404D. SCHOLARSHIP COMPONENT. “(a) In General.— In order to receive payments under section 404B(d), a State shall establish or maintain a financial assistance program that awards grants to students in accordance with the requirements of this section. The Secretary shall encourage the State to ensure that the tuition assistance provided pursuant to this section is available to an eligible student for use at any eligible institution. “(b) Grant Amounts.— The maximum amount of the grant that an eligible student in any participating State shall be eligible to receive under this section shall be established by the State. The minimum amount of the grant for each fiscal year shall not be less than the lesser of— “(1) 75 percent of the average cost of attendance for an in-State student, in a 4-year program of instruction, at public institutions of higher education in such State, as determined in accordance with regulations prescribed by the Secretary; or “(2) the maximum grant funded under section 401 for such fiscal year. “(c) Relation to Other Assistance.— Tuition assistance provided under this chapter shall not be considered for the purpose of awarding Federal grant assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed such student’s total cost of attendance. “(d) Eligible Students.— A student eligible for assistance under this chapter is a student who— “(1) is less than 22 years old at time of first grant award; “(2) receives a high school diploma or a certificate of high school equivalence on or after January 1, 1993; “(3) is enrolled or accepted for enrollment in a program of instruction at an institution of higher education that is located within the State’s boundaries; except that, as a State option, a State may offer grant program portability for recipients who attend institutions of higher education outside such State; and “(4) who the participated in the State early intervention component required under section 404C. “(e) Priority; Waiver.— (1) The Secretary shall ensure that each State place a priority on awarding scholarships to students who will receive a Pell Grant for the academic year for which the award is being made under this chapter. “(2) A State may consider students who have successfully participated in programs funded under chapter 1 of this subpart to have met the requirements of subsection (d)(4). “SEC. 404E. DISTRIBUTION OF FUNDS. “(a) Competitive Awards.— If the amount appropriated to carry out this chapter for a fiscal year is less than $50,000,000, then the Secretary shall award grants under this chapter on a competitive basis to States to carry out a program described in section 404A. “(b) Allotment Based on Title I ESEA Allocation.— If the amount appropriated to carry out this chapter for a fiscal year is $50,000,000 or more, then the Secretary shall allot to each State an amount which bears the same ratio to such sums as— 106 STAT. 496 “(1) the amount allocated under section 1005 of the Elementary and Secondary Education Act of 1965 to the local education agencies in the State, bears to— “(2) the total amount allocated under such section to all such agencies in all States. “(c) Limit on Use.— No State may use less than 25 percent or more than 50 percent of its allotment for the early intervention component of the State program, except that the Secretary may waive the 50 percent limitation if the State demonstrates that the State has another means of providing the student’s tuition assistance that is described in the State plan. “(d) Reallotment.— The amount of any State’s allotment under subsection (b) for any fiscal year which the Secretary determines will not be required for such fiscal year for the 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 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 such programs. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. A State shall match, m accordance with section 404B(b) any reallocated funds it receives under this subsection. “(e) Allotment Subject to Continuing Compliance.— The Secretary shall make payments for programs only to States which continue to meet the requirements of the State plan pursuant to section 404B. “SEC. 404F. EVALUATION AND REPORT. “(a) Evaluation.— Each State receiving an allotment under this section shall biannually evaluate the early intervention program assisted under this chapter in accordance with the standards described in subsection (b) and shall submit to the Secretary a copy of such evaluation. The evaluation component shall permit service providers to track eligible student progress during the period such students are participating in the program assisted under this section and must be consistent with the standards developed by the Secretary pursuant to subsection (b). “(b) Evaluation Standards.— The Secretary shall prescribe standards for the evaluation described in subsection (a). Such standards shall— “(1) provide for input from States and service providers; and “(2) ensure that data protocols and procedures are consistent and uniform. “(c) Report.— The Secretary shall biannually report to the Congress on the activities assisted under this chapter and the evaluations conducted pursuant to subsection (a). “SEC. 404G. APPROPRIATIONS. “There is authorized an appropriation to make grants under this chapter $200,000,000 for fiscal year 1993 and such sums as may be necessary for each of the four succeeding fiscal years. No amount may be expended to carry out the provisions of this chapter unless the amount appropriated for such fiscal year to carry out subpart 4 of part A of this title exceeds $60,000,000. 106 STAT. 497 “CHAPTER 3— PRESIDENTIAL ACCESS SCHOLARSHIPS “SEC. 406A. SCHOLARSHIPS AUTHORIZED. “The Secretary is authorized in accordance with this chapter to award Presidential Access Scholarships to students who— “(1) are eligible to receive a Pell Grant for the year in which the scholarship is awarded; “(2) have participated in a preparatory program for postsecondary education; and “(3) demonstrate academic achievement. “SEC. 406B. SCHOLARSHIP PROGRAM REQUIREMENTS. “(a) Amount of Award.— “(1) In general.— Except as provided in paragraph (2), the amount of a scholarship awarded under this chapter for any academic year shall be equal to 25 percent of the Pell Grant that the recipient is awarded for that year or $400, whichever is greater. “(2) Adjustment for insufficient appropriations.— If, after the Secretary determines the total number of eligible applicants for an academic year in accordance with section 406C, funds available in a fiscal year are insufficient to fully fund all awards for that academic year under this chapter, the amount paid to each student shall be reduced proportionately. “(b) Period of Award.— Scholarships under this chapter shall be awarded for a period of not more than four academic years, or in the case of a student who is enrolled in an undergraduate course of study that requires attendance for the full-time equivalent of five academic years, five academic years. “(c) Use at Any Institution Permitted.— An eligible student awarded a scholarship under this chapter may use such scholarship stipend to attend any institution of higher education. “(d) Assistance Not To Exceed Cost of Attendance.— A scholarship awarded under this chapter to any student, in combination with the Pell Grant and other student financial assistance available to such student, may not exceed the student’s cost of attendance (as defined in section 472). “(e) Presidential Access Scholars.— Students awarded scholarships under this chapter shall be known as ‘Presidential Access Scholars’. “SEC. 406C. ELIGIBILITY OF SCHOLARS. “(a) Requirements for Students in First Year of Postsecondary Education.— In order for a student who will be attending the student’s first year of postsecondary education to be eligible to receive a scholarship under this chapter for that academic year, the student shall— “(1) be enrolled or accepted for enrollment in a degree or certificate program of at least 2 years in length; “(2) have demonstrated academic achievement and preparation for postsecondary education by taking college preparatory level coursework in the following areas while in secondary school or the equivalent: “(A) 4 years of English; “(B) 3 years of science; 106 STAT. 498 (C) 3 years of mathematics; “(D) either— “(i) 3 years of history; or “(ii) 2 years of history and 1 year of social studies; and “(E) either— “(i) 2 years of a foreign language; or “(ii) 1 year of computer science and 1 year of a foreign language. “(3) earn a grade point average of 2.5 or higher, on a scale of 4.0, in the final 2 years of high school; and “(4) either— “(A) have participated, for a minimum period of 36 months, in an early intervention program that meets the requirements of section 406D; or “(B) rank, or have ranked, in the top 10 percent, by grade point average, of the student’s secondary school graduating class. “(b) Requirements for All Students.— “(1) Each eligible student desiring a scholarship under this chapter shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. “(2) In order for a student who will be attending a year of postsecondary education, other than the student’s first year, to continue to be eligible to receive a scholarship under this chapter for that academic year the eligible student shall maintain eligibility to receive a Pell Grant, including fulfilling the requirements for satisfactory academic progress as described in section 484(c). “SEC. 406D. ELIGIBLE EARLY INTERVENTION PROGRAMS. “(a) Participation in Trio Programs and National Early Intervention Scholarship and Partnership Programs.— Participation in a program authorized under section 402B, 402C, or 402F, or chapter 2 of subpart 2 of this part for a 36-month period shall meet the requirement of section 406C(a)(4XA). “(b) Other Eligible Early Intervention Program.— Participation in another early intervention program, regardless of sponsorship, for a 36-month period, shall meet the requirements of section 406C(a)(4)(A) if the program— “(1) meets the requirements established by the Secretary; and “(2) is certified by the Governor as an honors scholars program. “SEC. 406E. STUDENT ELIGIBILITY. “(a) Student Eligibility.— For the purpose of this chapter, the term ‘eligible student’ means an individual who— “(1) is a graduate of a public or private secondary school or has the equivalent certificate of graduation as recognized by the State in which the eligible student resides; “(2) not later than 3 years after such individual graduates or obtains an equivalent certificate, has been admitted for enrollment or is enrolled at an institution of higher education; and “(3) is eligible to receive a Pell Grant for the year in which the scholarship is awarded. 106 STAT. 499 “(b) Limitation.— For the purpose of this chapter, the term ‘eligible student’ does not include an individual who has been awarded a baccalaureate degree. “(c) Waivers.— “(1) Early intervention program participation.— The Secretary may waive the requirement described in section 406C(a)(4) for any student who was unable to participate in an early intervention program assisted under this part because such program was not available in the area in which such student resides or the student was unable to participate in an early intervention program where the student resides. “(2) Limited-english proficient students.— The Secretary may waive the requirement described in section 406C(a)(2)(E) for any limited-English proficient student who is fluent in a language other than English and is participating in a program to teach such student the English language or for any English speaking student fluent in a second language. “SEC. 406F. EARLY INTERVENTION SCHOLARSHIP AGREEMENT. “(a) In General.— In order for a student to receive a scholarship under this chapter, the State educational agency serving the State in which such child resides shall have entered into an agreement with the Secretary. “(b) Contents.— Each agreement described in subsection (a) shall include provisions designed to ensure that— “(1) all secondary school students in the State have equal and easy access to the coursework described in section 406C(a)(2); “(2) the State educational agency has procedures in place to verify to the Secretary that students receiving scholarships under this chapter have taken such coursework and that such coursework has been of a college preparatory level, including a requirement that all secondary schools in the State issue a certificate to each eligible student certifying that such student has completed the necessary coursework to qualify for a scholarship under this chapter; “(3) the State educational agency has procedures in place to notify institutions of higher education of the availability of scholarships under this chapter, so that such institutions may award additional scholarships in concert with the scholarships received under this chapter; and “(4) the State educational agency has procedures in place to inform junior high school students and their families about the value of postsecondary education, the availability of student aid to meet college expenses, and the availability of scholarships under this chapter for students who take demanding courses, with particular emphasis on activities designed to ensure that students from low- and moderate-income ramifies have access to such information. “(c) Special Rule.— The Secretary may allow a State to receive assistance under this chapter for students whose secondary schools do not offer the necessary coursework if such students take the required courses at another local secondary school or community college. “SEC. 406G. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $200,000,000 for fiscal year 1993 and such sums as may he necessary for each of the 106 STAT. 5004 succeeding fiscal years to carry out the provisions of this chapter. No amount may be expended to carry out the provisions of this chapter in any fiscal year unless the amount appropriated for such fiscal year to carry out subpart 1 of part A of this title exceeds the amount appropriated to carry out such subpart in the preceding fiscal year. “CHAPTER 4— MODEL PROGRAM COMMUNITY PARTNERSHIP AND COUNSELING GRANTS “SEC. 408A. MODEL PROGRAM GRANTS. “(a) Program Authority.— From the amounts appropriated under section 408C, the Secretary shall award grants to develop model programs— “(1) to counsel students, at an early age, about college opportunities, precollege requirements, the college admissions procedure, financial aid opportunities, and student support services that are specially designed or customized for use in specific geographic, social, and cultural environments; or “(2) which stimulate community partnerships with schools by providing tutoring, mentoring, work experiences, and other services which support making postsecondary education a realistic goal for all students. “(b) Priorities in Selection.— The Secretary shall give priority to those model programs which are directed at areas which have a high proportion of minority, limited English proficiency, economically disadvantaged, disabled, nontraditional, or at-risk students and those model programs which serve these students from rural or urban environments. “(c) Proposal Requirements.— “(1) Tailoring.— To receive a grant under subsection (a)(1), the proposal submitted to the Secretary shall demonstrate that the counseling on college opportunities, precollege requirements, the college admissions procedure, and financial aid opportunities (including early intervention counseling), is tailored to a specific geographic, social or cultural environment. “(2) Community partnerships.— To receive a grant under subsection (a)(2), the proposal submitted to the Secretary shall demonstrate the active involvement of a local educational agency and at least one of the following: “(A) Local businesses. “(B) Labor organizations. “(C) Community groups. “(3) Goals and outcomes.— To receive a grant under this section, each proposal shall contain a statement of specific, measurable goals and methods for obtaining statistics on the number of participants who continue on to postsecondary education. “SEC. 408B. DIFFUSION ACTIVITIES. “(a) Collection of Information.— The Secretary shall collect information concerning— “(1) programs supported under section 408A and programs of demonstrated effectiveness which counsel students about college opportunities, precollege requirements, the college admissions procedure, and financial aid opportunities; 106 STAT. 501 “(2) early intervention programs of demonstrated effectiveness which set students on the path toward staying in school and pursuing a postsecondary education; “(3) model programs which counsel students in specific environments, such as urban, rural, and suburban; and “(4) model programs which develop school/community partnerships to provide mentoring, tutoring, work experiences and other services which support making postsecondary education a realistic goal for all students. “(b) Dissemination.— The Secretary shall ensure that the information collected under subsection (a) is disseminated. “SEC. 408C. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $35,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this chapter. “CHAPTER 5— PUBLIC INFORMATION “SEC. 409A. DATABASE AND INFORMATION LINE. “From the funds available under section 409C, the Secretary shall award a contract to establish and maintain— “(1) a computerized database of all public and private financial assistance programs, to be accessible to schools and libraries through either modems or toll-free telephone lines; and “(2) a toll-free information line, including access by telecommunications devices for the deaf (TDD’s’), to provide individualized financial assistance information to parents, students, and other individuals, including individuals with disabilities, and to refer students with disabilities and their families to the postsecondary clearinghouse that is authorized under section 633(c) of the Individuals with Disabilities Education Act. “SEC. 409B. EARLY AWARENESS INFORMATION PROGRAM. “(a) Program Authority.— The Secretary is authorized to enter into contracts with appropriate public agencies, nonprofit private organizations, and institutions of higher education to conduct an information program designed— “(1) to broaden the early awareness of postsecondary educational opportunities by secondary school students and their parents; and “(2) to encourage economically disadvantaged, minority, or at-risk individuals to seek higher education, and to seek higher education and financial assistance counseling at public schools and libraries. “(b) Contents of Messages.— Announcements and messages supported under this section— “(1) may be specially designed for students of limited English proficiency, “(2) shall publicize— “(A) the availability of Federal student assistance under this Act; “(B) the importance of postsecondary education in long-term career planning; and “(C) the need and necessity to complete a secondary education program successfully in order to meet the requirements for college. 106 STAT. 502 “(c) Informing Congress.— The Secretary shall keep the appropriate committees of the Congress informed with respect to the efforts made pursuant to this section and shall recommend any additional legislative authority that will serve the purposes of this section. “SEC. 409C. DATABASE AND INFORMATION LINE. “There are authorized to be appropriated $20,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this chapter. “CHAPTER 6— NATIONAL STUDENT SAVINGS DEMONSTRATION PROGRAM “SEC. 410A. NATIONAL STUDENT SAVINGS DEMONSTRATION PROGRAM. “(a) Statement of Purpose.— It is the purpose of this section to— “(1) create a demonstration program to test the feasibility of establishing a national student savings program to encourage families to save for their children’s college education and thereby reduce the loan indebtedness of college students; and “(2) help determine the most effective means of achieving the activities described in paragraph (1). “(b) Demonstration Program Authorized.— “(1) In general.— The Secretary is authorized to award a demonstration grant to not more than 5 States to enable each such State to conduct a student savings program in accordance with this section. “(2) Amount of grant.— The amount of each grant awarded pursuant to paragraph (1) shall be computed on the basis of— “(A) a Federal match in an amount equal to the initial State deposit into each account established pursuant to subsection (c)(2)(B), except that such Federal match shall not exceed $50 per child; multiplied by “(B) the number of children participating in the program assisted under this part. “(3) Priority.— In awarding grants under this section the Secretary shall give priority to States proposing programs that establish accounts for a child prior to the age of compulsory school attendance in the State in which such child resides. “(4) Special consideration.— In awarding grants under this section the Secretary shall give special consideration to States— “(A) that permit employers to use pretax income in making contributions to a child’s account; and “(B) that provide assurances that interest earned in accounts shall be exempt from State taxes. “(c) Application.— “(1) In general.— Each State desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. “(2) Contents.— Each application submitted pursuant to paragraph (1) shall— “(A) describe the student savings program to be established and the number of children to be served; 106 STAT. 503 “(B) contain assurances that an account shall be established for each child participating in the program assisted under this section and set forth the initial amount to be deposited into each such account by the State; “(C) contain assurances that deposits into such account shall be invested in a responsible manner that provides a reasonable rate of return; “(D) contain assurances that funds in the account shall only be used to pay the cost of attendance (as such term is defined in section 472) at any eligible institution (as such term is defined in section 481); “(E) describe the amount of the Federal contribution requested for starting each child’s account, which shall not exceed $50 per child participating in the program; “(F) describe the age at which children in the State may establish such accounts; “(G) indicate whether the program will be open to all children, regardless of family income, or only to disadvantaged children; “(H) describe how additional deposits into each account from the State or other resources will be earned by a child for performance of community service, academic performance, or other activities or achievements; “(I) contain assurances that contributions in an account shall be refundable to the contributor without interest if the child is unable to attend college; “(J) contain assurances that the State shall encourage individuals and organizations to make contributions to a child’s account; “(K) contain assurances that the State shall provide incentives to employers to make contributions to a child’s account and participate in the program assisted under this section; and “(L) contain assurances that if a child leaves the State in which such child has an account, then such child shall retain the right to make contributions to the account, except that the State shall not be required to make any additional deposits other than interest. “(d) Authorization of Appropriations.— There are authorized to be appropriated $10,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this section. “CHAPTER 7— PREELIGIBILITY FORM “SEC. 410B. INFORMATION ON ELIGIBILITY FOR ASSISTANCE. “To help ensure access to postsecondary education by providing early notice to students of their potential eligibility for financial aid, the Secretary, as part of the contracts developed pursuant to section 483, may— “(1) develop and process a common preeligibility Federal financial aid form, “(2) distribute and process such form on a year-round basis free of charge to students and parents, and “(3) issue, on the basis of information reported by the student on such form, a preeligibility expected family contribution figure and estimate of the amount of Federal (and, if feasible, non- 106 STAT. 504 Federal) funds for which the student might qualify in later completing and submitting the application form called for under section 483. The Secretary shall widely disseminate the preeligibility form through post offices and other appropriate Federal installations, schools, institutions of higher education, libraries, and community-based agencies, including projects assisted under subparts 2 and 5 of this part. “CHAPTER 8— TECHNICAL ASSISTANCE FOR TEACHERS AND COUNSELORS “SEC. 410C. TECHNICAL ASSISTANCE GRANTS. “(a) Program Authority.— From the amounts appropriated under subsection (f), the Secretary shall award grants to local educational agencies to use for the purpose of obtaining specialized training for guidance counselors, teachers, and principals to counsel students about college opportunities, precollege requirements, the college admissions procedure, and financial aid opportunities. “(b) Selection of Grant Recipients.— “(1) Priority.— In making grants under this section, the Secretary shall give priority to those local educational agencies serving school districts (A) from which the proportion of students who continue on to higher education is significantly below the national average, and (B) in which the proportion of students who are educationally disadvantaged is significantly above the national average. “(2) Selection procedures.— The Secretary shall develop a formal procedure for the submission of proposals and publish in the Federal Register an announcement with respect to that procedure and the availability of funds. “(c) Local Plan.— To receive a grant under this section, a local educational agency shall submit to the Secretary a plan that— “(1) specifies the methods to be used for outreach, implementation, and follow-up with those students most in need and at-risk for dropping out or failing to pursue postsecondary education; “(2) demonstrates the methods by which the agency will target funds to those schools within the district that have the lowest rate of students who continue on to higher education; “(3) utilizes early intervention programs for counseling minority, economically disadvantaged, disabled, and at-risk students about postsecondary education; “(4) includes a strategy for keeping the guidance counselors, teachers (including elementary, secondary, vocational, and special education teachers), and principals who have been trained up-to-date on financial aid information; “(5) contains a statement of specific goals and methods for obtaining statistics on the number of participants who continue on to postsecondary education; and “(6) contains a description of the costs of the training and other activities to be undertaken. “(d) Duration of Grants.— Grants under this section shall be available for 2 years. “(e) Evaluation.— “(1) Conduct of evaluations.— The Secretary shall reserve not more than 2 percent of any amount appropriated under 106 STAT. 505subsection (f) for the purpose of carrying out an independent evaluation of the effectiveness of the training programs assisted under this section in— “(A) increasing the number of personnel in a school who regularly counsel students regarding college opportunities, precollege requirements, the college admission procedure, and financial aid opportunities; and “(B) increasing me number of students who continue on to postsecondary education from a school which has had personnel trained using monies from this section. “(2) Report.— The Secretary shall submit to the appropriate committees of the Congress a report which contains the findings of the evaluation required by paragraph (1). “(f) Technical Assistance Grants.— There are authorized to be appropriated $40,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this section.”. (b) Reference.— Reference in any provision of law (other than the Act) to subpart 2, 3, or 4 of part A of title IV of the Act shall, after the date of enactment of this Act, be deemed to refer to subpart 3, 4, or 2 of such part, respectively.