20 U.S.C. § 1070a-11
The Secretary shall, in accordance with the provisions of this division, carry out a program of making grants and contracts designed to identify qualified individuals from disadvantaged backgrounds, to prepare them for a program of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individuals serving or preparing for service in programs and projects so designed.
For the purposes described in subsection (a), the Secretary is authorized, without regard to section 6101 of title 41, to make grants to, and contracts with, institutions of higher education, public and private agencies and organizations, including community-based organizations with experience in serving disadvantaged youth, combinations of such institutions, agencies and organizations, and, as appropriate to the purposes of the program, secondary schools, for planning, developing, or carrying out one or more of the services assisted under this division.
Grants or contracts made under this division shall be awarded for a period of 5 years, except that-
Unless the institution or agency requests a smaller amount, an individual grant authorized under this division shall be awarded in an amount that is not less than $200,000, except that an individual grant authorized under section 1070a-17 of this title shall be awarded in an amount that is not less than $170,000.
An eligible entity that desires to receive a grant or contract under this division shall submit an application to the Secretary in such manner and form, and containing such information and assurances, as the Secretary may reasonably require.
In making grants under this division, the Secretary shall consider each applicant's prior experience of high quality service delivery, as determined under subsection (f), under the particular program for which funds are sought. The level of consideration given the factor of prior experience shall not vary from the level of consideration given such factor during fiscal years 1994 through 1997, except that grants made under section 1070a-18 of this title shall not be given prior experience consideration.
In making grants under this division, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served to aid such participants in preparing for, enrolling in, or succeeding in postsecondary education, as appropriate to the particular program for which the eligible entity is applying.
The Secretary shall not limit the number of applications submitted by an entity under any program authorized under this division if the additional applications describe programs serving different populations or different campuses.
The Secretary shall encourage coordination of programs assisted under this division with other programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding source of such programs. The Secretary shall not limit an entity's eligibility to receive funds under this division because such entity sponsors a program similar to the program to be assisted under this division, regardless of the funding source of such program. The Secretary shall permit the Director of a program receiving funds under this division to administer one or more additional programs for disadvantaged students operated by the sponsoring institution or agency, regardless of the funding sources of such programs. The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this division to identify and make available services under such program, including mentoring, tutoring, and other services provided by such program, to foster care youth (including youth in foster care and youth who have left foster care after reaching age 13) or to homeless children and youths as defined in section 11434a of title 42.
The Secretary shall inform each entity operating programs under this division regarding the status of their application for continued funding at least 8 months prior to the expiration of the grant or contract. The Secretary, in the case of an entity that is continuing to operate a successful program under this division, shall ensure that the start-up date for a new grant or contract for such program immediately follows the termination of the preceding grant or contract so that no interruption of funding occurs for such successful reapplicants. The Secretary shall inform each entity requesting assistance under this division for a new program regarding the status of their application at least 8 months prior to the proposed startup date of such program.
Not later than 180 days after August 14, 2008, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this division, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this division, including-
Not later than 45 days before the date of the commencement of each competition for a grant under this division that is held after the expiration of the 180-day period described in subparagraph (A), the Secretary shall update and publish the guidance described in such subparagraph.
With respect to any competition for a grant under this division, an applicant may request a review by the Secretary if the applicant-
In the case of evidence of a technical or administrative error listed in clause (i)(I), the Secretary shall review such evidence and provide a timely response to the applicant. If the Secretary determines that a technical or administrative error was made by the Department or an agent of the Department, the application of the applicant shall be reconsidered in the peer review process for the applicable grant competition.
In the case of evidence of a scoring error listed in clause (i)(I), when the error relates to either prior experience points for high quality service delivery or to the final score of an application, the Secretary shall-
In the case of a peer review process error listed in clause (i)(I), if the Secretary determines that points were withheld for criteria not required in Federal statute, regulation, or guidance governing a program assisted under this division or the application for a grant for such program, or determines that information pertaining to selection criteria was wrongly determined to be missing from an application by a peer reviewer, then the Secretary shall refer the application to a secondary review panel.
The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review.
The secondary review panel shall be composed of reviewers each of whom-
The final peer review score of an application subject to a secondary review under this clause shall be adjusted appropriately and quickly using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition.
To qualify for a secondary review under this clause, an applicant shall have evidence of a scoring error and demonstrate that-
A determination by the Secretary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the Department.
The score awarded by a secondary review panel under clause (iv) shall not be reviewable by any officer or employee of the Department other than the Secretary.
To the extent feasible based on the availability of appropriations, the Secretary shall fund applications with scores that are adjusted upward under clauses (ii), (iii), and (iv) to equal or exceed the minimum cut off score for the applicable grant competition.
The Secretary shall conduct outreach activities to ensure that entities eligible for assistance under this division submit applications proposing programs that serve geographic areas and eligible populations which have been underserved by the programs assisted under this division.
In carrying out the provisions of paragraph (1), the Secretary shall notify the entities described in subsection (b) of the availability of assistance under this subsection not less than 120 days prior to the deadline for submission of applications under this division and shall consult national, State, and regional organizations about candidates for notification.
The Secretary shall provide technical training to applicants for projects and programs authorized under this division. The Secretary shall give priority to serving programs and projects that serve geographic areas and eligible populations which have been underserved by the programs assisted under this division. Technical training activities shall include the provision of information on authorizing legislation, goals and objectives of the program, required activities, eligibility requirements, the application process and application deadlines, and assistance in the development of program proposals and the completion of program applications. Such training shall be furnished at conferences, seminars, and workshops to be conducted at not less than 10 sites throughout the United States to ensure that all areas of the United States with large concentrations of eligible participants are served.
The Secretary may contract with eligible entities to conduct the outreach activities described in this subsection.
For competitions for grants under this division that begin on or after January 1, 2009, the Secretary shall determine an eligible entity's prior experience of high quality service delivery, as required under subsection (c)(2), based on the outcome criteria described in paragraphs (2) and (3).
The outcome criteria under this subsection shall be disaggregated by low-income students, first generation college students, and individuals with disabilities, in the schools and institutions of higher education served by the program to be evaluated.
The outcome criteria under this subsection shall measure, annually and for longer periods, the quality and effectiveness of programs authorized under this division and shall include the following:
In order to determine the extent to which each outcome criterion described in paragraph (2) or (3) is met or exceeded, the Secretary shall compare the agreed upon target for the criterion, as established in the eligible entity's application approved by the Secretary, with the results for the criterion, measured as of the last day of the applicable time period for the determination for the outcome criterion.
For the purpose of making grants and contracts under this division, there are authorized to be appropriated $900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years. Of the amount appropriated under this division, the Secretary may use no more than 1/2 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.
For the purpose of this division:
The term "different campus" means a site of an institution of higher education that-
The term "different population" means a group of individuals that an eligible entity desires to serve through an application for a grant under this division, and that-
The term "first generation college student" means-
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.
No veteran shall be deemed ineligible to participate in any program under this division by reason of such individual's age who-
The Secretary may waive the service requirements in subparagraph (A), (B), or (C) of paragraph (5) if the Secretary determines the application of the service requirements to a veteran will defeat the purpose of a program under this division.
20 U.S.C. § 1070a-11
EDITORIAL NOTES
REFERENCES IN TEXTThe General Education Provisions Act, referred to in subsec. (c)(8)(A)(i), is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, which is classified generally to chapter 31 (§1221 et seq.) of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables. The Higher Education Amendments of 1992, referred to in subsec. (g), is Pub. L. 102-325, 106 Stat. 448. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 1001 of this title and Tables.
CODIFICATIONIn subsec. (b)(1), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS2009-Subsec. (b)(1). Pub. L. 111-39, §401(a)(4)(A), substituted "organizations, including" for "organizations including". Subsec. (c)(8)(C)(iv)(I). Pub. L. 111-39, §401(a)(4)(B), inserted "to be" after "determined".2008-Subsec. (b)(1). Pub. L. 110-315, §403(a)(1)(A), inserted "including community-based organizations with experience in serving disadvantaged youth" after "private agencies and organizations" and substituted ", as appropriate to the purposes of the program" for "in exceptional circumstances". Subsec. (b)(2). Pub. L. 110-315, §403(a)(1)(B)(i), substituted "5 years" for "4 years" in introductory provisions.Subsec. (b)(2)(A). Pub. L. 110-315, §403(a)(1)(B) (ii), amended subpar. (A) generally. Prior to amendment subpar. (A) read as follows: "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;".Subsec. (b)(3). Pub. L. 110-315, §403(a)(1)(C), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "Unless the institution or agency requests a smaller amount, individual grants under this division shall be no less than- "(A) $170,000 for programs authorized by sections 1070a-14 and 1070a-17 of this title;"(B) $180,000 for programs authorized by sections 1070a-12 and 1070a-16 of this title; and"(C) $190,000 for programs authorized by sections 1070a-13 and 1070a-15 of this title."Subsec. (c)(2). Pub. L. 110-315, §403(a)(2)(A), inserted par. heading, designated former par. heading as subpar. (A) heading and existing provisions as subpar. (A), substituted "high quality service delivery, as determined under subsection (f)," for "service delivery", and added subpar. (B).Subsec. (c)(3)(B). Pub. L. 110-315, §403(a)(2)(B), substituted "shall not" for "is not required to". Subsec. (c)(5). Pub. L. 110-315, §403(a)(2)(C), substituted "different campuses" for "campuses".Subsec. (c)(6). Pub. L. 110-315, §403(a)(2)(D), inserted at end "The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this division to identify and make available services under such program, including mentoring, tutoring, and other services provided by such program, to foster care youth (including youth in foster care and youth who have left foster care after reaching age 13) or to homeless children and youths as defined in section 11434a of title 42."Subsec. (c)(8). Pub. L. 110-315, §403(a)(2)(E), added par. (8).Subsec. (e)(1), (2). Pub. L. 110-315, §403(a)(3)(A), substituted "subsection (h)(4)" for "subsection (g)(2)" in introductory provisions. Subsec. (e)(3). Pub. L. 110-315, §403(a)(3)(B), added par. (3). Subsec. (f). Pub. L. 110-315, §403(a)(5), added subsec. (f). Former subsec. (f) redesignated (g).Subsec. (g). Pub. L. 110-315, §403(a)(6), substituted "$900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years" for "$700,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years" and struck out last sentence which read as follows: "The Secretary shall report to Congress by October 1, 1994, on the use of these funds." Pub. L. 110-315, §403(a)(4), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).Subsec. (h). Pub. L. 110-315, §403(a)(7)(A), (B), added pars. (1) and (2) and redesignated former pars. (1) to (4) as (3) to (6), respectively. Pub. L. 110-315, §403(a)(4), redesignated subsec. (g) as (h).Subsec. (h)(5)(A). Pub. L. 110-315, §403(a)(7)(C)(i), struck out ", any part of which occurred after January 31, 1955," after "more than 180 days" and "or" after semicolon.Subsec. (h)(5)(B). Pub. L. 110-315, §403(a)(7)(C) (ii), struck out "after January 31, 1955," after "active duty" and substituted a semicolon for period at end.Subsec. (h)(5)(C), (D). Pub. L. 110-315, §403(a)(7)(C) (iii), added subpars. (C) and (D). Subsec. (h)(6). Pub. L. 110-315, §403(a)(7)(D), substituted "subparagraph (A), (B), or (C) of paragraph (5)" for "subparagraph (A) or (B) of paragraph (3)". 1998-Subsec. (b)(2)(C). Pub. L. 105-244, §402(a)(1), added subpar. (C).Subsec. (b)(3). Pub. L. 105-244, §402(a)(2), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: "In any year in which the appropriations authorized under this division 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 1070a-14 or 1070a-17 of this title, shall not be less than $170,000 for fiscal year 1993; (B) for programs authorized under section 1070a-12 or 1070a-16 of this title shall not be less than $180,000 for fiscal year 1994; and (C) for programs authorized under section 1070a-13 or 1070a-15 of this title shall not be less than $190,000 for fiscal year 1995." Subsec. (c). Pub. L. 105-244, §402(a)(3), amended subsec. (c) generally, revising and restating former pars. (1) to (6), relating to procedures for awarding grants and contracts, as pars. (1) to (7). Subsec. (c)(2). Pub. L. 105-244, §102(b)(1), substituted "section 1011g" for "section 1145d-1".Subsec. (f). Pub. L. 105-244, §402(a)(4), substituted "$700,000,000 for fiscal year 1999" for "$650,000,000 for fiscal year 1993".Subsec. (g)(4). Pub. L. 105-244, §402(a)(5), added par. (4).1993-Subsec. (b)(2). Pub. L. 103-208, §2(b)(6), added par. (2) and struck out former par. (2) which read as follows: "Grants or contracts made under this division 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."Subsec. (c)(1). Pub. L. 103-208, §2(b)(7), inserted before period at end of second sentence ", except that in the case of the programs authorized in sections 1070a-15 and 1070a-17 of this title, the level of consideration given to prior experience shall be the same as the level of consideration given this factor in the other programs authorized in this division". Subsec. (c)(2)(A). Pub. L. 103-208, §2(b)(8), inserted "with respect to grants made under section 1070a-17 of this title, and" after "Except". Subsec. (e). Pub. L. 103-208, §2(b)(9), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Documentation of an individual's status pursuant to subsection (g)(2) of this section 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."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111-39 effective as if enacted on the date of enactment of Pub. L. 110-315 (Aug. 14, 2008), see section 3 of Pub. L. 111-39, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as a note under section 1001 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 2(b)(6), (8), (9) of Pub. L. 103-208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102-325 except as otherwise provided, and amendment by section 2(b)(7) of Pub. L. 103-208 effective on and after Dec. 20, 1993, see section 5(a), (b)(2) of Pub. L. 103-208 set out as a note under section 1051 of this title.
ADVANCED PLACEMENT FEE PAYMENT PROGRAM Pub. L. 105-244, §810, 112 Stat. 1808, which authorized grants to States to enable States to reimburse low-income individuals to cover part or all of the cost of advanced placement test fees, required dissemination of information regarding availability of payments, set forth requirements for approval of applications and funding rules, authorized regulations, required annual report, defined terms, and authorized appropriations, was repealed by Pub. L. 107-110, §1011(2), Jan. 8, 2002, 115 Stat. 1986.Similar provisions were contained in Pub. L. 102-325, §1545, 106 Stat. 837, which was repealed by Pub. L. 107-110, §1011(1), Jan. 8, 2002, 115 Stat. 1986.
REFERENCES TO SUBPART 2, 3, OR 4 OF THIS PART DEEMED TO REFER TO SUBPART 3, 4, OR 2 OF THIS PART Pub. L. 102-325, §402, 106 Stat. 505, provided that: "Reference in any provision of law (other than the Act [20 U.S.C. 1001 et seq.]) to subpart 2, 3, or 4 of part A of title IV of the Act shall, after the date of enactment of this Act [July 23, 1992], be deemed to refer to subpart 3 [20 U.S.C. 1070b et seq.], 4 [20 U.S.C. 1070c et seq.], or 2 [20 U.S.C. 1070a-11 et seq.] of such part, respectively."