Laws & Guidance HIGHER EDUCATION
1998 Amendments to Higher Education Act of 1965
P.L. 105-244

TITLE IV--STUDENT ASSISTANCE

Part A--Grants to Students

SEC. 402. FEDERAL TRIO PROGRAMS

(a) PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS-

(1) DURATION OF GRANTS- Section 402A(b)(2) (20 U.S.C. 1070a-11(b)(2)) is amended--

(A) by striking `and' at the end of subparagraph (A);

(B) by striking the period at the end of subparagraph (B) and inserting `; and'; and

(C) by inserting after subparagraph (B) the following new subparagraph:

`(C) grants under section 402H shall be awarded for a period determined by the Secretary.'.

(2) MINIMUM GRANTS- Section 402A(b)(3) is amended to read as follows:

`(3) MINIMUM GRANTS- Unless the institution or agency requests a smaller amount, individual grants under this chapter shall be no less than--

`(A) $170,000 for programs authorized by sections 402D and 402G;

`(B) $180,000 for programs authorized by sections 402B and 402F; and

`(C) $190,000 for programs authorized by sections 402C and 402E.'.

(3) PROCEDURES FOR AWARDING GRANTS AND CONTRACTS- Subsection (c) of section 402A is amended to read as follows:

`(c) PROCEDURES FOR AWARDING GRANTS AND CONTRACTS-

`(1) APPLICATION REQUIREMENTS- An eligible entity that desires to receive a grant or contract under this chapter shall submit an application to the Secretary in such manner and form, and containing such information and assurances, as the Secretary may reasonably require.

`(2) PRIOR EXPERIENCE- In making grants under this chapter, the Secretary shall consider each applicant's prior experience of service delivery 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 402H shall not be given prior experience consideration.

`(3) ORDER OF AWARDS; PROGRAM FRAUD-

(A) Except with respect to grants made under sections 402G and 402H and 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 paragraph (4) and adjusted for prior experience in accordance with paragraph (2) of this subsection.

`(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.

`(4) PEER REVIEW PROCESS- (A) The Secretary shall ensure that, to the extent practicable, members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans, Alaska Natives, Asian Americans, and Native American Pacific Islanders (including Native Hawaiians), are represented as readers of applications submitted under this chapter. The Secretary shall also ensure 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 three readers who are not employees of the Federal Government (other than as readers of applications).

`(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 permit the Director of a program receiving funds under this chapter 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.

`(7) 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 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 chapter for a new program regarding the status of their application at least 8 months prior to the proposed startup date of such program.'.

(4) AUTHORIZATION OF APPROPRIATIONS- Section 402A(f) is amended by striking `$650,000,000 for fiscal year 1993' and inserting `$700,000,000 for fiscal year 1999'.

(5) WAIVER- Section 402A(g) is amended by adding at the end the following:

`(4) WAIVER- The Secretary may waive the service requirements in subparagraph (A) or (B) of paragraph (3) if the Secretary determines the application of the service requirements to a veteran will defeat the purpose of a program under this chapter.'.

(b) TALENT SEARCH- Section 402B(b) (20 U.S.C. 1070a-12(b)) is amended--

(1) by striking paragraph (4) and inserting the following:

`(4) guidance on and assistance in secondary school reentry, entry to general educational development (GED) programs, other alternative education programs for secondary school dropouts, or postsecondary education;';

(2) in paragraph (5), by inserting `, or activities designed to acquaint individuals from disadvantaged backgrounds with careers in which the individuals are particularly underrepresented' before the semicolon;

(3) in paragraph (8), by striking `parents' and inserting `families'; and

(4) in paragraph (9), by inserting `or counselors' after `teachers'.

(c) UPWARD BOUND- Section 402C (20 U.S.C. 1070a-13) is amended--

(1) in subsection (b)--

(A) in paragraph (2), by striking `personal counseling' and inserting `counseling and workshops';

(B) in paragraph (9)--

(i) by inserting `or counselors' after `teachers'; and

(ii) by striking `and' after the semicolon;

(C) by redesignating paragraph (10) as paragraph (12);

(D) by inserting after paragraph (9) the following:

`(10) work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;

`(11) special services to enable veterans to make the transition to postsecondary education; and'; and

(E) in paragraph (12) (as redesignated by subparagraph (C)), by striking `(9)' and inserting `(11)'; and

(2) in subsection (e), by striking `and not in excess of $40 per month during the remaining period of the year.' and inserting `except that youth participating in a work-study position under subsection (b)(10) may be paid a stipend of $300 per month during June, July, and August. Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $40 per month during the remaining period of the year.'.

(d) STUDENT SUPPORT SERVICES- Paragraph (6) of section 402D(c) (20 U.S.C. 1070a-14(c)(6)) is amended to read as follows:

`(6) consider, in addition to such other criteria as the Secretary may prescribe, the institution's effort, and where applicable past history, in--

`(A) providing sufficient financial assistance to meet the full financial need of each student in the project; and

`(B) maintaining the loan burden of each such student at a manageable level.'.

(e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM- Section 402E(e)(1) (20 U.S.C. 1070a-15(e)(1)) is amended by striking `$2,400' and inserting `$2,800'.

(f) STAFF DEVELOPMENT ACTIVITIES- Section 402G (20 U.S.C. 1070a-17) is amended--

(1) in subsection (a), by inserting `participating in,' after `leadership personnel employed in,'; and

(2) in subsection (b), by inserting after paragraph (3) the following new paragraph:

`(4) The use of appropriate educational technology in the operation of projects assisted under this chapter.'.

(g) EVALUATION AND DISSEMINATION- Section 402H (20 U.S.C. 1070a-18) is amended to read as follows:

`SEC. 402H. EVALUATIONS AND GRANTS FOR PROJECT IMPROVEMENT AND DISSEMINATION PARTNERSHIP PROJECTS.

`(a) EVALUATIONS-

`(1) IN GENERAL- For the purpose of improving the effectiveness of the programs and projects assisted under this chapter, the Secretary may make grants to or enter into contracts with institutions of higher education and other public and private institutions and organizations to evaluate the effectiveness of the programs and projects assisted under this chapter.

`(2) PRACTICES- The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are particularly effective in enhancing the access of low-income individuals and first-generation college students to postsecondary education, the preparation of the individuals and students for postsecondary education, and the success of the individuals and students in postsecondary education. Such evaluations shall also investigate the effectiveness of alternative and innovative methods within Federal TRIO programs of increasing access to, and retention of, students in postsecondary education.

`(b) GRANTS- The Secretary may award grants to institutions of higher education or other private and public institutions and organizations, that are carrying out a program or project assisted under this chapter prior to the date of enactment of the Higher Education Amendments of 1998, to enable the institutions and organizations to expand and leverage the success of such programs or projects by working in partnership with other institutions, community-based organizations, or combinations of such institutions and organizations, that are not receiving assistance under this chapter and are serving low-income students and first generation college students, in order to--

`(1) disseminate and replicate best practices of programs or projects assisted under this chapter; and

`(2) provide technical assistance regarding programs and projects assisted under this chapter.

`(c) RESULTS- In order to improve overall program or project effectiveness, the results of evaluations and grants described in this section shall be disseminated by the Secretary to similar programs or projects assisted under this subpart, as well as other individuals concerned with postsecondary access for and retention of low-income individuals and first-generation college students.'.

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Last Modified: 09/23/2003