90 STAT. 2090

20 USC 1041.

20 USC 1042.

"Major research library."

20 USC 1043.

20 USC 1044.

Supra.

PUBLIC LAW 94-482-OCT. 12, 1976

REVISION OF RESEARCH LIBRARY RESOURCES

SEC. 107. Part C of title II of the Act is amended to read as follows: "PART C-STRENGTHENING RESEARCH LIBRARY RESOURCES

"FINDINGS AND PURPOSE

"SEC. 231. (a) The Congress finds that

"(1) education, scholarship, and research are significant to the scientific, economic, and cultural development of the Nation, and that steady advances in the social and natural sciences are essential to solve the problems of a complex society;

"(2) the Nation's major research libraries are often an essential element in undergraduate education, and are essential to advanced and professional education and research; and

"(3) the expansion in the scope of educational and research programs and the rapid increase in the worldwide production of recorded knowledge have placed unprecedented demands upon major research libraries, requiring programs and services that strain the capabilities of cooperative action and are beyond the financial competence of individual or collective library budgets. (b) It is the purpose of this part to promote research and education of higher quality throughout the United States by providing financial assistance to major research libraries.

"APPROPRIATIONS AUTHORIZED

"SEC. 232. There are authorized to be appropriated $10.000,000 for the fiscal year 1977, $15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979.

"ELIGIBILITY FOR ASSISTANCE

"SEC. 233. For the purposes of this part, the term 'major research library' means a public or private nonprofit institution, including the library resources of an institution of higher education, an independent research library, or a State or other public library, having library collections which are available to qualified users and which

"(1) make a significant contribution to higher education and research:

"(2) are broadly based and are recognized as having national or international significance for scholarly research;

"(3) are of a unique nature, and contain material not widely available; and

"(4) are in substantial demand by researchers and scholars not connected with that institution.

(b) No institution receiving a grant under this part for any fiscal year may be eligible to receive a basic grant under section 202 of this title for that year.

“EQUITABLE DISTRIBUTION OF ASSISTANCE

"SEC. 234. The Commissioner shall establish criteria designed to achieve regional balance in the allocation of funds under this part which is reasonable in light of the requirements of section 233.

PUBLIC LAW 94-482-OCT. 12, 1976

"LIMITATIONS

90 STAT. 2091

"SEC. 235. (a) No grant may be made under this part for books, 20 USC 1045. periodicals, documents, or other related materials to be used for sectarian instruction or religious worship, or primarily in connection with any part of the program of a school or department of divinity. "(b) Not more than 150 institutions may receive a grant under this part.

"CONSULTATION WITH STATE AGENCY

"SEC. 236. Each institution receiving a grant under this part shall 20 USC 1046. periodically inform the State Library administrative agency and the State agency, if any, concerned with the educational activities of all institutions of higher education in the State in which such institution is located, of its activities under this part.".

PART C-STRENGTHENING DEVELOPING INSTITUTIONS

EXTENSION OF AUTHORIZATION

SEC. 111. Section 301 (b) of the Higher Education Act of 1965 is 20 USC 1051. amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1979".

REMOVAL OF RESTRICTIONS ON WAIVERS

SEC. 112. Section 302(a) (2) of the Act is amended by striking out 20 USC 1052. ', except that such grants may not involve an expenditure of funds in

excess of 1.4 per centum of the sums appropriated pursuant to this title for any fiscal year".

PART D-STUDENT ASSISTANCE

BASIC EDUCATIONAL OPPORTUNITY GRANTS

SEC. 121. (a) Section 411(a)(1) of the Act is amended by strik- 20 USC 1070a. ing 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 Effective date. 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

20 USC 1070a note.

Schedule of expected family

contributions; publication in Federal Register.

Submittal to
Congress.

Publication in
Federal Register.

36-930 - 78 - 39

90 STAT. 2092

20 USC 1070a.

Repeal.

Supra.

Post, p. 2148.

PUBLIC LAW 94-482-OCT. 12, 1976

either 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) (B) 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 shall 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 subpart, 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 be 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.

PUBLIC LAW 94-482-OCT. 12, 1976

90 STAT. 2093

"(2) There are authorized to be appropriated such sums as may be Appropriation 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 20 USC 1070a. 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 grants 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 subpart 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

Regulations.

Fees for processing applications.

90 STAT. 2094

20 USC 1070b.

20 USC 1070b-2.

20 USC 1070c..

20 USC 1070c-2.

20 USC 1070c-1.

20 USC 1070c-4.

20 USC 1070d.

20 USC 1070d-1.

PUBLIC LAW 94-482-OCT. 12, 1976

"(B) coordinating the eligibility announcements of State postsecondary 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.".

SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS

SEC. 122. (a) Section 413A (b) (1) of the Act is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1979”. (b) Section 413C(b) (4) of the Act is amended by striking out "464" and inserting in lieu thereof "494".

STATE STUDENT INCENTIVE GRANTS

SEC. 123. (a) Section 415A (b) of the Act is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1979", and by adding at the end thereof the following new paragraph:

"(3) Sums appropriated pursuant to paragraphs (1) and (2) for any fiscal year shall remain available for payments to States for the award of student grants under this subpart until the end of the fiscal year succeeding the fiscal year for which such sums were appropriated.".

(b) Section 415C (b) of the Act is amended by redesignating clauses (4) and (5) of such section, and all references thereto, as clauses (5) and (6), respectively, and by inserting after clause (3) thereof the following new clause:

"(4) provides that, effective with respect to any academic year beginning on or after July 1, 1977, all nonprofit institutions of higher education in the State are eligible to participate in the State program;"

(c) (1) Section 415A (b) (2) of the Act is amended by inserting before the period a comma and the following: "and to make bonus allotments to States pursuant to section 415E".

(2) Section 415B(b) is amended by striking out the word "Sums" and inserting in lieu thereof the following: "Subject to the provisions of section 415E, sums".

(3) Subpart 3 of part A of title IV of the Act is amended by inserting at the end thereof the following new section:

"BONUS ALLOTMENTS FOR STATE STUDENT INCENTIVE GRANT PROGRAMS

"SEC. 415E. Whenever the sum appropriated pursuant to this subpart for any fiscal year is in excess of $75,000,000 the Commissioner shall allot, from 333 per centum of such excess sums, to each State having an agreement under section 428(b) an amount which bears the same ratio to such sum as the number of students in attendance at institutions of higher education in such State bears to the total number of students in such attendance in all such States.".

SPECIAL FROGRAMS FOR STUDENTS FROM DISADVANTAGED BACKGROUNDS

SEC. 124. (a) Section 417A (b) of the Act is amended by inserting before the period a comma and the following: "and $200,000,000 for each of the fiscal years ending prior to October 1, 1979".

(b) (1) Section 417B (a) of the Act is amended by striking out "section 417A (a)" and inserting in lieu thereof "subsection (b) of this section".