PUBLIC LAW 94-482—OCT. 12, 1976 " (2) There are authorized to be appropriated such sums as may be necessary to carry out the provisi(ms 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. I n case additional funds become available for making payments for any fiscal year during which the preceding sentence has been applied, such reduced amounts sluill be increased on the same basis as they Avere reduced." (i) Section 411 of the Act is further amended by adding at the end thereof the following additional subsection: " (e)(1) The Connnissioner 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 g r a n t 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. Xo 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 requiivd, 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 svich 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) Xothing 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 elioibility under this subpart and for the determination of eligibility under the postsecondary educational g r a n t programs of such State; and
9-194 O—78—pt. 2
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90 STAT. 2093 Appropriation authorization.
20 USC 1070a. Agreement.
Report to Congress.
Regulations. Fees for processing applications.
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