 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
   Part A--Grants to Students in Attendance at Institutions of Higher 
                                Education
 
     subpart 2--federal early outreach and student services programs
 
                    Division 1--Federal TRIO Programs
 
Sec. 1070a-14. Student support services


(a) Program authority

    The Secretary shall carry out a program to be known as student 
support services which shall be designed--
        (1) to increase college retention and graduation rates for 
    eligible students;
        (2) to increase the transfer rates of eligible students from 2-
    year to 4-year institutions; and
        (3) to foster an institutional climate supportive of the success 
    of low-income and first generation college students and individuals 
    with disabilities.

(b) Permissible services

    A student support services project assisted under this division may 
provide services such as--
        (1) instruction in reading, writing, study skills, mathematics, 
    and other subjects necessary for success beyond secondary school;
        (2) personal counseling;
        (3) academic advice and assistance in course selection;
        (4) tutorial services and counseling and peer counseling;
        (5) exposure to cultural events and academic programs not 
    usually available to disadvantaged students;
        (6) activities designed to acquaint students participating in 
    the project with the range of career options available to them;
        (7) activities designed to assist students participating in the 
    project in securing admission and financial assistance for 
    enrollment in graduate and professional programs;
        (8) activities designed to assist students currently enrolled in 
    2-year institutions in securing admission and financial assistance 
    for enrollment in a four-year program of postsecondary education;
        (9) mentoring programs involving faculty or upper class 
    students, or a combination thereof; and
        (10) programs and activities as described in paragraphs (1) 
    through (9) which are specially designed for students of limited 
    English proficiency.

(c) Special rule

                       (1) Use for student aid

        A recipient of a grant that undertakes any of the permissible 
    services identified in subsection (b) of this section may, in 
    addition, use such funds to provide grant aid to students. A grant 
    provided under this paragraph shall not exceed the maximum 
    appropriated Pell Grant or, be less than the minimum appropriated 
    Pell Grant, for the current academic year. In making grants to 
    students under this subsection, an institution shall ensure that 
    adequate consultation takes place between the student support 
    service program office and the institution's financial aid office.

                        (2) Eligible students

        For purposes of receiving grant aid under this subsection, 
    eligible students shall be current participants in the student 
    support services program offered by the institution and be--
            (A) students who are in their first 2 years of postsecondary 
        education and who are receiving Federal Pell Grants under 
        subpart 1 of part A of this subchapter; or
            (B) students who have completed their first 2 years of 
        postsecondary education and who are receiving Federal Pell 
        Grants under subpart 1 of part A of this subchapter if the 
        institution demonstrates to the satisfaction of the Secretary 
        that--
                (i) these students are at high risk of dropping out; and
                (ii) it will first meet the needs of all its eligible 
            first- and second-year students for services under this 
            paragraph.

                      (3) Determination of need

        A grant provided to a student under paragraph (1) shall not be 
    considered in determining that student's need for grant or work 
    assistance under this subchapter, except that in no case shall the 
    total amount of student financial assistance awarded to a student 
    under this subchapter exceed that student's cost of attendance, as 
    defined in section 1087ll of this title.

                        (4) Matching required

        A recipient of a grant who uses such funds for the purpose 
    described in paragraph (1) shall match the funds used for such 
    purpose, in cash, from non-Federal funds, in an amount that is not 
    less than 33 percent of the total amount of funds used for that 
    purpose. This paragraph shall not apply to any grant recipient that 
    is an institution of higher education eligible to receive funds 
    under part A or B of subchapter III or subchapter V of this chapter.

                           (5) Reservation

        In no event may a recipient use more than 20 percent of the 
    funds received under this section for grant aid.

                    (6) Supplement, not supplant

        Funds received by a grant recipient that are used under this 
    subsection shall be used to supplement, and not supplant, non-
    Federal funds expended for student support services programs.

(d) Requirements for approval of applications

    In approving applications for student support services projects 
under this division for any fiscal year, the Secretary shall--
        (1) require an assurance that not less than two-thirds of the 
    persons participating in the project proposed to be carried out 
    under any application--
            (A) be individuals with disabilities; or
            (B) be low-income individuals who are first generation 
        college students;

        (2) require an assurance that the remaining students 
    participating in the project proposed to be carried out under any 
    application be low-income individuals, first generation college 
    students, or individuals with disabilities;
        (3) require an assurance that not less than one-third of the 
    individuals with disabilities participating in the project be low-
    income individuals;
        (4) require that there be a determination by the institution, 
    with respect to each participant in such project, that the 
    participant has a need for academic support in order to pursue 
    successfully a program of education beyond secondary school;
        (5) require that such participants be enrolled or accepted for 
    enrollment at the institution which is the recipient of the grant or 
    contract; and
        (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.

(Pub. L. 89-329, title IV, Sec. 402D, as added Pub. L. 102-325, title 
IV, Sec. 402(a)(4), July 23, 1992, 106 Stat. 488; amended Pub. L. 103-
208, Sec. 2(b)(11), Dec. 20, 1993, 107 Stat. 2459; Pub. L. 105-244, 
title IV, Sec. 402(d), Oct. 7, 1998, 112 Stat. 1655; Pub. L. 106-554, 
Sec. 1(a)(1) [title III, Sec. 317(a)], Dec. 21, 2000, 114 Stat. 2763, 
2763A-48.)


                               Amendments

    2000--Subsecs. (c), (d). Pub. L. 106-554 added subsec. (c) and 
redesignated former subsec. (c) as (d).
    1998--Subsec. (c)(6). Pub. L. 105-244 amended par. (6) generally. 
Prior to amendment, par. (6) read as follows: ``require an assurance 
from the institution which is the recipient of the grant or contract 
that each student enrolled in the project will be offered sufficient 
financial assistance to meet that student's full financial need.''
    1993--Subsec. (c)(2). Pub. L. 103-208 struck out ``either'' after 
``application''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-554, Sec. 1(a)(1) [title III, Sec. 317(b)], Dec. 21, 
2000, 114 Stat. 2763, 2763A-49, provided that: ``The amendments made by 
subsection (a) [amending this section] shall apply with respect to 
student support services grants awarded on or after the date of 
enactment of this Act [Dec. 21, 2000].''


                    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 Pub. L. 103-208 effective as if included in the Higher 
Education Amendments of 1992, Pub. L. 102-325, except as otherwise 
provided, see section 5(a) of Pub. L. 103-208, set out as a note under 
section 1051 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1070a-11, 1070a-24 of this 
title.
