20 U.S.C. § 1015f — State commitment to affordable college

Page 228 TITLE 20—EDUCATION § 1015f 1 So in original. Probably should be ‘‘unforeseen’’. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title I, § 136, as added Pub. L. 110–315, title I, § 115, Aug. 14, 2008, 122 Stat. 3111; amended Pub. L. 111–39, title I, § 101(b)(4), July 1, 2009, 123 Stat. 1935.) Editorial Notes AMENDMENTS 2009—Subsec. (d)(1). Pub. L. 111–39 substituted ‘‘(com- monly known as the ‘Family Educational Rights and Privacy Act of 1974’)’’ for ‘‘(Family Educational Rights and Privacy Act of 1974)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1015f. State commitment to affordable college education (a) Maintenance of effort required A State shall provide— (1) for public institutions of higher edu- cation in such State for any academic year be- ginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-di- rect research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfac- tory data are available; and (2) for private institutions of higher edu- cation in such State for any academic year be- ginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding aca- demic years for which satisfactory data are available. (b) Adjustments for biennial appropriations The Secretary shall take into consideration any adjustments to the calculations under sub- section (a) that may be required to accurately reflect funding levels for postsecondary edu- cation in States with biennial appropriation cy- cles. (c) Waiver The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to excep- tional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen 1 decline in the financial resources of a State or State educational agency, as appro- priate. (d) Violation of maintenance of effort Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under section 1141 of this title until such State has made significant efforts to correct such vio- lation. (Pub. L. 89–329, title I, § 137, as added Pub. L. 110–315, title I, § 116, Aug. 14, 2008, 122 Stat. 3113.) Editorial Notes PRIOR PROVISIONS A prior section 1016, Pub. L. 89–329, title I, § 121, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to adult learning research, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1016, Pub. L. 89–329, title I, § 116, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1381, provided for Federal discretionary grants, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1016a, Pub. L. 89–329, title I, § 122, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, limited funds authorized to be appropriated, prior to the general amendment of this subchapter by Pub. L. 102–325. A prior section 1017, Pub. L. 89–329, title I, § 131, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286; Pub. L. 102–54, § 13(g)(1)(A), June 13, 1991, 105 Stat. 275, related to National Advisory Council on Con- tinuing Education, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1017, Pub. L. 89–329, title I, § 117, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1382; amended Pub. L. 99–386, title I, § 103(a), Aug. 22, 1986, 100 Stat. 821, related to establishment and ad- ministration of the National Advisory Council on Con- tinuing Education, prior to the general amendment of this subchapter by Pub. L. 99–498. PART D—ADMINISTRATIVE PROVISIONS FOR DELIVERY OF STUDENT FINANCIAL ASSISTANCE § 1018. Performance-Based Organization for de- livery of Federal student financial assistance (a) Establishment and purpose (1) Establishment There is established in the Department a Performance-Based Organization (hereafter re- ferred to as the ‘‘PBO’’) which shall be a dis- crete management unit responsible for man- aging the administrative and oversight func- tions supporting the programs authorized under subchapter IV of this chapter, as speci- fied in subsection (b). (2) Purposes The purposes of the PBO are— (A) to improve service to students and other participants in the student financial assistance programs authorized under sub- chapter IV, including making those pro- grams more understandable to students and their parents; (B) to reduce the costs of administering those programs; (C) to increase the accountability of the officials responsible for administering the operational aspects of these programs; (D) to provide greater flexibility in the management and administration of the Fed- eral student financial assistance programs;