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(within the limits specified in the preceding sentence), except that
(1) if the amount appropriated for this subpart for any fiscal year exceeds the amount appropriated for this subpart for fiscal year 1993, the Secretary shall identify to each State educational agency the number of scholarships available to that State under section 419D(b) that are attributable to such excess;
(2) the State educational agency shall award not less than that number of scholarships for a period of 4 years.
(c) USE AT ANY INSTITUTION PERMITTED.-A student awarded a scholarship under this subpart may attend any institution of higher education.
(d) BYRD SCHOLARS.-Individuals awarded scholarships under this subpart shall be known as "Byrd Scholars".
SEC. 419D. [20 U.S.C. 1070d-34] ALLOCATION AMONG STATES.
(a) ALLOCATION FORMULA.-From the sums appropriated pursuant to the authority of section 419K for any fiscal year, the Secretary shall allocate to each State that has an agreement under section 419E an amount equal to $1,500 multiplied by the number of scholarships determined by the Secretary to be available to such State in accordance with subsection (b).
(b) NUMBER OF SCHOLARSHIPS AVAILABLE.-The number of scholarships to be made available in a State for any fiscal year shall bear the same ratio to the number of scholarships made available to all States as the State's population ages 5 through 17 bears to the population ages 5 through 17 in all the States, except that not less than 10 scholarships shall be made available to any State.
(c) USE OF CENSUS DATA.-For the purpose of this section, the population ages 5 through 17 in a State and in all the States shall be determined by the most recently available data, satisfactory to the Secretary, from the Bureau of the Census.
(d) CONSOLIDATION BY INSULAR AREAS PROHIBITED.-Notwithstanding section 501 of Public Law 95-11342 (48 U.S.C. 1469a), funds allocated under this part to an Insular Area described in that section shall be deemed to be direct payments to classes of individuals, and the Insular Area may not consolidate such funds with other funds received by the Insular Area from any department or agency of the United States Government.
(e) FAS ELIGIBILITY.
(1) FISCAL YEARS 2000 THROUGH 2004.-Notwithstanding any other provision of this subpart, in the case of students from the Freely Associated States who may be selected to receive a scholarship under this subpart for the first time for any of the fiscal years 2000 through 2004—
(A) there shall be 10 scholarships in the aggregate awarded to such students for each of the fiscal years 2000 through 2004; and
1So in law (107 Stat. 2460). Probably should end with "and".
2 So in original (107 Stat. 2460). Probably should be "section 501 of Public Law 95-134".
(B) the Pacific Regional Educational Laboratory shall administer the program under this subpart in the case of scholarships for students in the Freely Associated States. (2) TERMINATION OF ELIGIBILITY.-A student from the Freely Associated States shall not be eligible to receive a scholarship under this subpart after September 30, 2004.
SEC. 419E. [20 U.S.C. 1070d-35] AGREEMENTS.
The Secretary shall enter into an agreement with each State desiring to participate in the scholarship program authorized by this subpart. Each such agreement shall include provisions designed to assure that—
(1) the State educational agency will administer the scholarship program authorized by this subpart in the State;
(2) the State educational agency will comply with the eligibility and selection provisions of this subpart;
(3) the State educational agency will conduct outreach activities to publicize the availability of scholarships under this subpart to all eligible students in the State, with particular emphasis on activities designed to assure that students from low-income and moderate-income families have access to the information on the opportunity for full participation in the scholarship program authorized by this subpart; and
(4) the State educational agency will pay to each individual in the State who is awarded a scholarship under this subpart $1,500.
SEC. 419F. [20 U.S.C. 1070d-36] ELIGIBILITY OF SCHOLARS.
(a) HIGH SCHOOL GRADUATION OR EQUIVALENT AND ADMISSION TO INSTITUTION REQUIRED.-Each student awarded a scholarship under this subpart shall be a graduate of a public or private secondary school or have the equivalent of a certificate of graduation as recognized by the State in which the student resides and must have been admitted for enrollment at an institution of higher education.
(b) SELECTION BASED ON PROMISE OF ACADEMIC ACHIEVEMENT. Each student awarded a scholarship under this subpart must demonstrate outstanding academic achievement and show promise of continued academic achievement.
SEC. 419G. [20 U.S.C. 1070d-37] SELECTION OF SCHOLARS.
(a) ESTABLISHMENT OF CRITERIA.-The State educational agency is authorized to establish the criteria for the selection of scholars under this subpart.
(b) ADOPTION OF PROCEDURES.-The State educational agency shall adopt selection procedures designed to ensure an equitable geographic distribution of awards within the State (and in the case of the Federated States of Micronesia, the Republic of the Marshall Islands, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or Palau (until such time as the Compact of Free Association is ratified), not to exceed 10 individuals will be selected from such entities).
(c) CONSULTATION REQUIREMENT.-In carrying out its responsibilities under subsections (a) and (b), the State educational agen
cy shall consult with school administrators, school boards, teachers, counselors, and parents.
(d) TIMING OF SELECTION.-The selection process shall be completed, and the awards made, prior to the end of each secondary school academic year.
SEC. 419H. [20 U.S.C. 1070d-38] STIPENDS AND SCHOLARSHIP CONDITIONS.
(a) AMOUNT OF AWARD.-Each student awarded a scholarship under this subpart shall receive a stipend of $1,500 for the academic year of study for which the scholarship is awarded, except that in no case shall the total amount of financial aid awarded to such student exceed such student's total cost-of-attendance.
(b) USE OF AWARD.-The State educational agency shall establish procedures to assure that a scholar awarded a scholarship under this subpart pursues a course of study at an institution of higher education.
SEC. 419J. [20 U.S.C. 1070d-40]1 CONSTRUCTION OF NEEDS PROVISIONS.
Except as provided in section 471, nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any loan under this Act or any other provision of Federal law relating to educational assistance.
SEC. 419K. [20 U.S.C. 1070d-41] AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for this subpart $45,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.
Subpart 7-Child Care Access Means Parents in
SEC. 419N. [20 U.S.C. 1070e] CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.
(a) PURPOSE.-The purpose of this section is to support the participation of low-income parents in postsecondary education. through the provision of campus-based child care services.
(b) PROGRAM AUTHORIZED.
(1) AUTHORITY.-The Secretary may award grants to institutions of higher education to assist the institutions in providing campus-based child care services to low-income students. (2) AMOUNT OF GRANTS.—
(A) IN GENERAL.-The amount of a grant awarded to an institution of higher education under this section for a fiscal year shall not exceed 1 percent of the total amount of all Federal Pell Grant funds awarded to students enrolled at the institution of higher education for the preceding fiscal year.
(B) MINIMUM.-A grant under this section shall be awarded in an amount that is not less than $10,000.
1Section 4191 was repealed by P.L. 102-325, sec. 406(g)(1), 106 Stat. 509.
(3) DURATION; RENEWAL; AND PAYMENTS.—
(A) DURATION.-The Secretary shall award a grant under this section for a period of 4 years.
(B) PAYMENTS.-Subject to subsection (e)(2), the Secretary shall make annual grant payments under this section.
(4) ELIGIBLE INSTITUTIONS.-An institution of higher education shall be eligible to receive a grant under this section for a fiscal year if the total amount of all Federal Pell Grant funds awarded to students enrolled at the institution of higher education for the preceding fiscal year equals or exceeds $350,000. (5) USE OF FUNDS. Grant funds under this section shall be used by an institution of higher education to support or establish a campus-based child care program primarily serving the needs of low-income students enrolled at the institution of higher education. Grant funds under this section may be used to provide before and after school services to the extent necessary to enable low-income students enrolled at the institution of higher education to pursue postsecondary education.
(6) CONSTRUCTION.-Nothing in this section shall be construed to prohibit an institution of higher education that receives grant funds under this section from serving the child care needs of the community served by the institution.
(7) DEFINITION OF LOW-INCOME STUDENT.-For the purpose of this section, the term "low-income student" means a student who is eligible to receive a Federal Pell Grant for the fiscal year for which the determination is made.
(c) APPLICATIONS.-An institution of higher education desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall(1) demonstrate that the institution is an eligible institution described in subsection (b)(4);
(2) specify the amount of funds requested;
(3) demonstrate the need of low-income students at the institution for campus-based child care services by including in the application—
(A) information regarding student demographics;
(B) an assessment of child care capacity on or near campus;
(C) information regarding the existence of waiting lists for existing child care;
(D) information regarding additional needs created by concentrations of poverty or by geographic isolation; and (E) other relevant data;
(4) contain a description of the activities to be assisted, including whether the grant funds will support an existing child care program or a new child care program;
(5) identify the resources, including technical expertise and financial support, the institution will draw upon to support the child care program and the participation of low-income students in the program, such as accessing social services funding, using student activity fees to help pay the costs of child care, using resources obtained by meeting the needs of parents who
are not low-income students, and accessing foundation, cor-
(8) in the case of an institution seeking assistance for a new child care program
(A) provide a timeline, covering the period from receipt of the grant through the provision of the child care services, delineating the specific steps the institution will take to achieve the goal of providing low-income students with child care services;
(B) specify any measures the institution will take to assist low-income students with child care during the period before the institution provides child care services; and
(C) include a plan for identifying resources needed for the child care services, including space in which to provide child care services, and technical assistance if necessary;
(9) contain an assurance that any child care facility assisted under this section will meet the applicable State or local government licensing, certification, approval, or registration requirements; and
(10) contain a plan for any child care facility assisted under this section to become accredited within 3 years of the date the institution first receives assistance under this section. (d) PRIORITY.-The Secretary shall give priority in awarding grants under this section to institutions of higher education that submit applications describing programs that
(1) leverage significant local or institutional resources, including in-kind contributions, to support the activities assisted under this section; and
(2) utilize a sliding fee scale for child care services provided under this section in order to support a high number of low-income parents pursuing postsecondary education at the institution.
(e) REPORTING REQUIREMENTS; CONTINUING ELIGIBILITY.—
(A) REPORTS.-Each institution of higher education receiving a grant under this section shall report to the Secretary 18 months, and 36 months, after receiving the first grant payment under this section.
(B) CONTENTS.-The report shall include
(i) data on the population served under this section;