basic educational opportunity grants

basic educational opportunity grants Sec. 121. (a) Section 411(a)(1) of the Act is amended by striking out “June 30, 1975” and inserting in lieu thereof “September 30, 1979”. (b) (1) Section 411(a)(2) (A) (i) of the Act is amended by striking out “$1,400” and inserting in lieu thereof “$1,800”. (2) The amendment made by paragraph (1) of this subsection shall be effective for academic year 1978–1979 and thereafter. (c) Divisions (i) and (ii) of section 411(a) (3) (A) of the Act are amended to read as follows: “(3) (A) (i) Not later than July 1 of each calendar year, the Commissioner shall publish in the Federal Register a schedule of expected family contributions for the academic year which begins after July 1 of the calendar year which succeeds such calendar year for various levels of family income, which, except as is otherwise provided in division (ii), together with any amendments thereto, shall become effective July 1 of the calendar year which succeeds such calendar year. During the thirty-day period following such publication the Commissioner shall provide interested parties with an opportunity’ to present their views and make recommendations with respect to such schedule. “(ii) The schedule of expected family contributions required by division (i) for each academic year shall be submitted to the President of the Senate and the Speaker of the House of Representatives not later than the time of its publication in the Federal Register. If 90 STAT. 2092either the Senate or the House of Representatives adopts, prior to the first day of October next following the submission of said Schedule as required by this division, a resolution of disapproval of such schedule, the Commissioner shall publish a new schedule of expected family contributions in the Federal Register’ not later than fifteen days after the adoption of such resolution of disapproval. Such new schedule shall take into consideration such recommendations as may be made in either House in connection with such resolution and shall become effective, together with any amendments thereto, with respect to grants to be made on or after the first day of July next following. The Commissioner shall publish together with such new schedule, a statement identifying the recommendations made in either House in connection with such resolution of disapproval and explaining his reasons for the new schedule.”. (d) Section 411(a) (3) (B) of the Act is amended— (1) by inserting at the end of division (ii) the following new subdivision: “(VI) Any educational expenses of other dependent children in the family.”. (2) by inserting immediately after “student)” in division (iii) the following: “, and including any amount paid under the Social Security Act to or on account of, the student which would not be paid if he were not a student and one-half any amount paid the student under chapters 34 and 35 of title 38, United States Code,”; and (3) by striking out division (iv). (e) Section 411(b) of the Act is amended by striking division (ii) of paragraph (3) (U) and redesignating subsequent divisions accordingly, and by redesignating paragraph (4) and any references thereto as paragraph (5) and inserting after paragraph (3) a new paragraph as follows: “(4) (A) If 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 per centum or less, then all of excess funds shall remain available for making payments under this subpart during the next succeeding fiscal year. “(B) If 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 per centum, then all of such funds shrill remain available for making such payments but payments may be made under this division only with respect to entitlements for that fiscal year.”. (f) Section 411 (b) (3) (C) of the Act is repealed. (g) Section 411(b)(5) of the Act (as redesignated by subsection (e) ) is amended by striking out “July 1, 1975” and inserting in lieu thereof “October 1, 1979”. (h) Section 411 of the Act is amended by adding at the end thereof the following new subsection: “(d) (1) In addition to payments made with respect to entitlements under this sub part, each institution of higher education shall be eligible to receive from the Commissioner the payment of $10 per academic year for each student enrolled in that institution who is receiving a basic grant under this subpart for that year. Payment received by an institution under this subsection shall he used first to carry out the provisions of section 493A of this Act and then for such additional administrative costs as the institution of higher education determines necessary. 90 STAT. 2093 “(2) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection. If the sums appropriated for any fiscal year for making payments under this subsection are not sufficient to pay in full the amounts provided for in paragraph (1), then such amount will be ratably reduced. In case additional funds become available for making payments for any fiscal year during which the preceding sentence has been applied, such reduced amounts shall be increased on the same basis as they were reduced.” (i) Section 411 of the Act is further amended by adding at the end thereof the following additional subsection: “(e) (1) The Commissioner shall enter into agreements with not less than two nor more than five States for the processing by such States of all applications of their residents (through an instrumentality or agent selected by such State) for grants made under this subpart for the academic year beginning after July 1, 1977. on condition that any State giants which are subsidized in part by Federal funds, during the period for which State processing of basic education opportunity grant applications is carried out by the State, will be available to eligible State residents for use at the majority of educational institutions outside that State which are eligible institutions under subpart 1 of this part. No later than ninety days after termination of the agreements, the Commissioner shall report to the Congress on the experience with multiple State processing, including its impact on the delivery of student aid to students, and including recommendations concerning whether the option of processing applications for grants under this subpart should be made available to all States having the capacity to do so. “(2) Any State entering into an agreement with the Commissioner shall— “(A) not be required, without the State’s consent, to perform services in excess of those required of any private agency or organization with whom the Commissioner has a contract to perform similar application processing, except such additional services as may be necessary to produce processing services of a type and quality equivalent to those produced, through the same or other means; and “(B) be required to determine student eligibility for awards under this submit solely on the basis of criteria set forth in this subpart and regulations promulgated by the Commissioner pursuant thereto. “(3) The Commissioner shall promulgate such regulations as may be necessary— “(A) to determine a fair per unit fee for application processing which, if the Commissioner has a contract with an agency or organization to perform similar application processing, shall be no more than the amount paid by the Commissioner per application for the same academic year to any such agency or organization; and “(B) to otherwise carry out the purposes of this subsection. “(4) Nothing contained in this section or other enactments of law shall be construed to prohibit any eligible State under subsection (c) of this section from— “(A) employing student application forms that solicit information required for both the determination of eligibility under this subpart and for the determination of eligibility under the postsecondary educational grant programs of such State; and 90 STAT. 2094 “(B) coordinating the eligibility announcements of State post-secondary educational grants and grants under this subpart. “(5) No State which enters into an agreement with the Commissioner may impose any fee or other charge upon a student for processing of the student’s application for a grant under this subpart.”.