Each such application shall The Secretary shall use any such repayments to carry out additional activities under this section. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this title and the types of activities proposed to be carried out. The local educational agency shall inform parents that the parents are entitled to receive the information upon request.
Such report shall include a description of the degree to which the eligible State, in using funds provided under such section, has made substantial progress in meeting the following goals:. The plan shall include objectives and measures for The Secretary shall broadly disseminate successful practices developed by eligible States and eligible partnerships under this title, and shall broadly disseminate information regarding such practices that were found to be ineffective.
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Such information shall be compiled by the Secretary and submitted to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not later than 9 months after the date of enactment of the Higher Education Amendments of Such report shall identify States for which eligible States and eligible partnerships received a grant under this title. Such report shall be so provided, published and made available not later than 2 years 6 months after the date of enactment of the Higher Education Amendments of and annually thereafter.
Such State shall provide the Secretary an annual list of such low-performing institutions that includes an identification of those institutions at-risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based upon information collected pursuant to this title. Such assessment shall be described in the report under section b. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title.
Each such application shall include Such application shall include After funds are made available to each eligible institution under the funding rules described in subsection f , the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available by reason of the failure of an institution to comply with the matching requirements of this paragraph among the institutions that have complied with such matching requirement. More and better prepared scientists, engineers, and technical experts are needed to improve and expand such capacity.
Underrepresentation of minorities in science and technological fields diminishes our Nation's competitiveness by impairing the quantity of well prepared scientists, engineers, and technical experts in these fields. Aid to minority institutions is a good way to address the underrepresentation of minorities in science and technological fields.
Subject to the availability of appropriations to carry out this title, the Secretary may approve an application for assistance under this title only if the Secretary determines that This subsection shall not apply to an institution that was not participating in the loan program authorized under part B or D on the date of enactment of the Higher Education Amendments of , unless the institution subsequently participates in the loan programs.
The level of consideration given the factor of prior experience shall not vary from the level of consideration given such factor during fiscal years through , except that grants made under section H shall not be given prior experience consideration. The Secretary shall also ensure that persons from urban and rural backgrounds are represented as readers. 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. 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. 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.
Chapter 2 of subpart 2 of part A of title IV 20 U. Such plan shall provide for the conduct of a scholarship component if required or undertaken pursuant to section E and an early intervention component required pursuant to section D. Each such plan shall Such counseling shall include The Secretary shall encourage the eligible entity to ensure that a scholarship provided pursuant to this section is available to an eligible student for use at any institution of higher education.
The minimum amount of the scholarship for each fiscal year shall not be less than the lesser of The evaluation shall permit service providers to track eligible student progress during the period such students are participating in the activities and shall be consistent with the standards developed by the Secretary pursuant to subsection b.
Such standards shall Chapter 3 of subpart 2 of part A of title IV 20 U. Such procedures shall include measures to prevent any secondary school from certifying more than 10 percent of the school's students for eligibility under this section.
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For such purposes, the Secretary may provide that, for the first academic year of a student's 2 academic years of eligibility under this chapter, class rank may be determined prior to graduation from secondary school, at such time and in such manner as the Secretary may specify in regulations prescribed under this chapter. Chapters 4 through 8 of subpart 2 of part A of title IV 20 U. D by redesignating subsections c , d , e , and f as subsections b , c , d , and e , respectively.
A in section B b 20 U. B in the heading for section C 20 U. Part A of title IV 20 U. Grant funds under this section may be used to provide before and after school services to the extent necessary to enable low-income students enrolled at the institution of higher education to pursue postsecondary education. Each application shall The agencies, organizations, or institutions may include institutions of higher education, community organizations, and other public and private institutions, agencies, and organizations.
The non-Federal share of project costs may be in cash or in kind, fairly evaluated, including services, supplies, or equipment. For purposes of this paragraph, a guaranty agency's required share shall be determined as follows:. If any additional amount is required to be returned after deducting the total of the required shares under subparagraph B and as a result of the preceding sentence, such additional amount shall be obtained by imposing on each guaranty agency to which the preceding sentence does not apply, an equal percentage reduction in the amount of the agency's remaining reserve funds.
Earnings from the Federal Fund shall be the sole property of the Federal Government. The Secretary may restrict or regulate the use of such asset only to the extent necessary to reasonably protect the Secretary's prorated share of the value of such asset.
The Secretary may direct a guaranty agency, or such agency's officers or directors, to cease any activity involving expenditures, use, or transfer of the Federal Fund administered by the guaranty agency that the Secretary determines is a misapplication, misuse, or improper expenditure of the Federal Fund or the Secretary's share of such asset. Such transfers may occur during the first 3 years following the establishment of the Operating Fund. However, no agency may transfer in excess of 45 percent of the balance, as of September 30, , of the agency's Federal Fund to the agency's Operating Fund during such 3-year period.
In determining the amount that may be transferred, the agency shall ensure that sufficient funds remain in the Federal Fund to pay lender claims within the required time periods and to meet the reserve recall requirements of this section and subsections h and i of section With respect to amounts transferred from the Federal Fund, the guaranty agency shall not be required to repay any interest on the funds transferred and subsequently repaid.
The guaranty agency shall provide to the Secretary a reasonable schedule for repayment of the sums transferred and an annual financial analysis demonstrating the agency's ability to comply with the schedule and repay all outstanding sums transferred. The Secretary shall pay to the guaranty agency any funds withheld in accordance with this paragraph immediately upon making the determination that the guaranty agency has made all such repayments.
Such transfer shall be irrevocable, and any funds so transferred shall become the sole property of the United States. Such period of exclusion shall include the period necessary to resume enrollment at the borrower's next available regular enrollment period. No plan may require a borrower to repay a loan in less than 5 years unless the borrower, during the 6 months immediately preceding the start of the repayment period, specifically requests that repayment be made over of a shorter period.
The borrower may choose from The guaranty agency shall be deemed to have a contractual right against the United States to receive payments according to the provisions of this paragraph. Payments shall be made promptly and without administrative delay to any guaranty agency submitting an accurate and complete application under this subparagraph. If the Secretary makes the determinations described in the preceding sentence and determines that it would be cost-effective to do so, the Secretary may provide advances under this paragraph to such guaranty agency.
If the Secretary determines that such guaranty agency does not have such capability, or will not provide such loans in a timely fashion, the Secretary may provide such advances to enable another guaranty agency, that the Secretary determines to have such capability, to make lender-of-last-resort loans to eligible borrowers in that State who are experiencing loan access problems.
Such fee shall be paid for any loan on which a claim for default has not been paid as a result of the loan being brought into current repayment status by the guaranty agency on or before the th day after the loan becomes 60 days delinquent. A guaranty agency may transfer such fees earned under this subsection not more frequently than monthly.
Such a fee shall not be paid more than once on any loan for which the guaranty agency averts the default unless Beginning in fiscal year , any guaranty agency that has an insurance program agreement with the Secretary may offer blanket certificates of guaranty under this subsection. Part B of title IV 20 U. The Secretary may waive or modify any requirement under such subsections, except that the Secretary may not waive Beginning in fiscal year , any guaranty agency or consortium thereof may enter into a voluntary flexible agreement with the Secretary.
Such report shall include The notice shall contain The heading for subsection b of section F 20 U. During any such period, interest on the loan shall accrue but not be capitalized.
No borrower may receive a reduction of loan obligations under both this section and section Part B 20 U. Such loans shall only be repaid for borrowers who qualify for loan repayment pursuant to the provisions of this section, and shall be repaid in accordance with the provisions of paragraph 1. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. The third sentence of section a 20 U. Such forms shall be available for periods of enrollment beginning not later than July 1, Each form shall allow eligible borrowers to receive, in addition to initial loans, additional loans for the same or subsequent periods of enrollment through a student confirmation process approved by the Secretary.
Such forms shall be used for loans made under this part or part D as directed by the Secretary. Any disclosure required by this subsection may be made by an eligible lender by written or electronic means, including as part of the application material provided to the borrower, as part of the promissory note evidencing the loan, or on a separate written form provided to the borrower.
Each lender shall provide to each borrower a telephone number, and may provide an electronic address, through which additional loan information can be obtained. The disclosure shall include--'. Each eligible lender shall provide to each borrower a telephone number, and may provide an electronic address, through which additional loan information can be obtained. For any loan made, insured, or guaranteed under this part, other than a loan made under section B or C, such disclosure required by this subsection shall be made not less than 30 days nor more than days before the first payment on the loan is due from the borrower.
The amount of time normally required to complete the program for a student who is initially enrolled full-time is the period of time specified in the institution's enrollment contract, catalog, or other materials, for completion of the program by a full-time student.
For a student who is initially enrolled less than full-time, the period is the amount of time it would take the student to complete the program if the student remained enrolled at that level of enrollment throughout the program. The participation rate index shall be determined by multiplying the institution's cohort default rate for loans under part B or D, or weighted average cohort default rate for loans under parts B and D, by the percentage of the institution's regular students, enrolled on at least a half-time basis, who received a loan made under part B or D for a month period ending during the 6 months immediately preceding the fiscal year for which the cohort of borrowers used to calculate the institution's cohort default rate is determined.
In considering appeals with respect to cohort default rates pursuant to subsection a 3 , the Secretary shall exclude, from the calculation of the number of students who entered repayment and from the calculation of the number of students who default,'; and. The Secretary shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate annually as to the dollar amount of loan discharges attributable to failures to make refunds. No Authority shall have a right or cause of action against the Secretary for any amounts paid to or offset by the Secretary pursuant to a final settlement agreement entered into prior to July 1, , resolving any audit or program review findings alleging violations of any provision of section e as in effect prior to such amendment.
Any funds in the insurance fund, as established under section of the Higher Education Act of 20 U. All funds received by the Secretary of Education under subsection a of such section after the date of enactment of this Act shall be deposited into the fund in accordance with such subsection. An eligible institution may only credit the student's account at the institution for 1 tuition and fees, 2 in the case of institutionally owned housing, room and board, and 3 other institutionally provided goods and services.
Such reductions may be offered only if the Secretary determines the reductions are cost neutral and in the best financial interest of the Federal Government. Any increase in subsidy costs resulting from such reductions shall be completely offset by corresponding savings in funds available for the William D. Ford Federal Direct Loan Program in that fiscal year from section and other administrative accounts.
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The Secretary shall not prescribe such regulations in final form unless an official report from the Director of the Office of Management and Budget to the Secretary and a comparable report from the Director of the Congressional Budget Office to the Congress each certify that any such reductions will be completely cost neutral. Such reports shall be transmitted to the Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives not less than 60 days prior to the publication of regulations proposing such reductions.
Notwithstanding any other provision of law, the proceeds of any such sale may be used by the Secretary to offer reductions in the interest rate paid by a borrower of a loan made under this part as the Secretary determines appropriate to encourage on-time repayment in accordance with section b 7. Such reductions may be offered only if the Secretary determines the reductions are in the best financial interests of the Federal Government. Part D of title IV 20 U.
The Secretary shall issue a decision on any such appeal within 45 days after the submission of the appeal. Such decision may permit the institution to continue to participate in a program under this part if The amount discharged under this subsection shall be treated as an amount canceled under section a.
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A borrower only once may obtain the benefit of this paragraph with respect to restored eligibility. Each such incentive repayment program may Section b 3 20 U. No eligible institution shall discriminate against any borrower or applicant in obtaining a loan on the basis of race, national origin, religion, sex, marital status, age, or disability status. The Secretary may specify in the designation when, and under what conditions, an entity may implement the provision prior to that effective date.