 
      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 2--Gaining Early Awareness and Readiness for Undergraduate 
                                Programs
 
Sec. 1070a-22. Requirements


(a) Funding rules

                       (1) Continuation awards

        From the amount appropriated under section 1070a-28 of this 
    title for a fiscal year, the Secretary shall continue to award 
    grants to States under this division (as this division was in effect 
    on the day before October 7, 1998) in accordance with the terms and 
    conditions of such grants.

                          (2) Distribution

        From the amount appropriated under section 1070a-28 of this 
    title that remains after making continuation awards under paragraph 
    (1) for a fiscal year, the Secretary shall--
            (A) make available--
                (i) not less than 33 percent of the amount to eligible 
            entities described in section 1070a-21(c)(1) of this title; 
            and
                (ii) not less than 33 percent of the amount to eligible 
            entities described in section 1070a-21(c)(2) of this title; 
            and

            (B) award the remainder of the amount to eligible entities 
        described in paragraph (1) or (2) of section 1070a-21(c) of this 
        title.

                          (3) Special rule

        The Secretary shall annually reevaluate the distribution of 
    funds described in paragraph (2)(B) based on number, quality, and 
    promise of the applications and adjust the distribution accordingly.

(b) Limitation

    Each eligible entity described in section 1070a-21(c)(1) of this 
title, and each eligible entity described in section 1070a-21(c)(2) of 
this title that conducts a scholarship component under section 1070a-25 
of this title, shall use not less than 25 percent and not more than 50 
percent of grant funds received under this division for the early 
intervention component of an eligible entity's program under this 
division, except that the Secretary may waive the 50 percent limitation 
if the eligible entity demonstrates that the eligible entity has another 
means of providing the students with financial assistance that is 
described in the plan submitted under section 1070a-23 of this title.

(c) Coordination

    Each eligible entity shall ensure that the activities assisted under 
this division are, to the extent practicable, coordinated with, and 
complement and enhance--
        (1) services under this division provided by other eligible 
    entities serving the same school district or State; and
        (2) related services under other Federal or non-Federal 
    programs.

(d) Designation of fiscal agent

    An eligible entity described in section 1070a-21(c)(2) of this title 
shall designate an institution of higher education or a local 
educational agency as the fiscal agent for the eligible entity.

(e) Coordinators

    An eligible entity described in section 1070a-21(c)(2) of this title 
shall have a full-time program coordinator or a part-time program 
coordinator, whose primary responsibility is a project under section 
1070a-23 of this title.

(f) Displacement

    An eligible entity described in \1\ 1070a-21(c)(2) of this title 
shall ensure that the activities assisted under this division will not 
displace an employee or eliminate a position at a school assisted under 
this division, including a partial displacement such as a reduction in 
hours, wages or employment benefits.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``section''.
---------------------------------------------------------------------------

(g) Cohort approach

                           (1) In general

        The Secretary shall require that eligible entities described in 
    section 1070a-21(c)(2) of this title--
            (A) provide services under this division to at least one 
        grade level of students, beginning not later than 7th grade, in 
        a participating school that has a 7th grade and in which at 
        least 50 percent of the students enrolled are eligible for free 
        or reduced-price lunch under the Richard B. Russell National 
        School Lunch Act [42 U.S.C. 1751 et seq.] (or, if an eligible 
        entity determines that it would promote the effectiveness of a 
        program, an entire grade level of students, beginning not later 
        than the 7th grade, who reside in public housing as defined in 
        section 1437a(b)(1) of title 42); and
            (B) ensure that the services are provided through the 12th 
        grade to students in the participating grade level.

                    (2) Coordination requirement

        In order for the Secretary to require the cohort approach 
    described in paragraph (1), the Secretary shall, where applicable, 
    ensure that the cohort approach is done in coordination and 
    collaboration with existing early intervention programs and does not 
    duplicate the services already provided to a school or community.

(Pub. L. 89-329, title IV, Sec. 404B, as added Pub. L. 105-244, title 
IV, Sec. 403, Oct. 7, 1998, 112 Stat. 1657; amended Pub. L. 106-78, 
title VII, Sec. 752(b)(8), Oct. 22, 1999, 113 Stat. 1169.)

                       References in Text

    The Richard B. Russell National School Lunch Act, referred to in 
subsec. (g)(1)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as 
amended, which is classified generally to chapter 13 (Sec. 1751 et seq.) 
of Title 42, The Public Health and Welfare. For complete classification 
of this Act to the Code, see Short Title note set out under section 1751 
of Title 42 and Tables.


                            Prior Provisions

    A prior section 1070a-22, Pub. L. 89-329, title IV, Sec. 404B, as 
added Pub. L. 102-325, title IV, Sec. 402(a)(4), July 23, 1992, 106 
Stat. 492; amended Pub. L. 103-208, Sec. 2(b)(13), (14), Dec. 20, 1993, 
107 Stat. 2459, related to State eligibility and State plan, prior to 
the general amendment of this division by Pub. L. 105-244.


                               Amendments

    1999--Subsec. (g)(1)(A). Pub. L. 106-78 substituted ``Richard B. 
Russell National School Lunch Act'' for ``National School Lunch Act''.
