Page:United States Statutes at Large Volume 106 Part 1.djvu/515

 PUBLIC LAW 102-325—JULY 23, 1992 106 STAT. 483 a progrsun of postsecondary education, to provide support services for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and to train individueds serving or preparing for service in programs and projects so designed. "(b) RECIPIENTS, DURATION, AND SIZE.— "(1) RECIPIENTS. — For the purposes described in subsection (a), the Secretary is authorized, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), to make grants to, and contracts with, institutions of higher education, public and private agencies and orgsinizations, combinations of such institutions, agencies and organizations, and in exceptional circumstances, secondary schools, for planning, developing, or carrying out one or more of the services assisted under this chapter. "(2) DURATION.— Grants or contracts made under this chapter shall be awarded for a period of 4 years, except that the Secretary shall award such grants or contracts for 5 years to applicants whose peer review scores were in the highest 10 percent of scores of all applicants receiving grants or contracts in each program competition for the same award year. "(3) MINIMUM GRANT LEVEL.— In any year in which the appropriations authorized under this chapter exceed the prior year appropriation as adjusted for inflation, the Secretary shall use 80 percent of the amount appropriated above the current services level to bring each award up to the minimmn grant level or the amount requested by the institution or agency, whichever is less. The minimum grant level (A) for programs authorized under section 402D or 402G, shall not be less than $170,000 for fiscal year 1993; (B) for programs authorized under section 402B or 402F shall not be less than $180,000 for fiscal year 1994; and (C) for programs authorized under section 402C or 402E shall not be less than $190,000 for fiscal year 1995. "(c) PROCEDURES FOR AWARDING GRANTS AND CONTRACTS.— "(1) PRIOR EXPERIENCE.—In making grants and contracts under this chapter, the Secretary shall consider the prior ^[perience of service dehvery under the particular program for which funds are sought by each applicant. For fiscal years after 1985, the level of consideration given to prior experience shall not vary from the level of consideration given this factor for fiscal year 1985. "(2) ORDER OF AWARDS; PROGRAM FRAUD.— (A) Except as provided in subparagraph (B), the Secretary shall award grants and contracts under this chapter in the order of the scores received by the application for such grant or contract in the peer review process required under section 1210 and adjusted tor prior experience in accordance with paragraph (1). "CB) The Secretary is not required to provide assistance to a program otherwise eligible for assistance under this chapter, if the Secretary has determined that such program has involved the fraudulent use of funds under this chapter. "(3) PEER REVIEW PROCESS. — (A) The Secretary shall assure that, to the extent practicable, members of groups underrepresented in higher education, including Afi*ican Americans, Hispanics, Native Americans, Alaska Natives, Asian Americans, Native American Pacific Islanders (including Native Hawaiians), are represented as readers of applications submit-

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