 
      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 5--special programs for students whose families are engaged in 
                      migrant and seasonal farmwork
 
Sec. 1070d-2. Maintenance and expansion of existing programs


(a) Program authority

    The Secretary shall maintain and expand existing secondary and 
postsecondary high school equivalency program and college assistance 
migrant program projects located at institutions of higher education or 
at private nonprofit organizations working in cooperation with 
institutions of higher education.

(b) Services provided by high school equivalency program

    The services authorized by this subpart for the high school 
equivalency program include--
        (1) recruitment services to reach persons--
            (A)(i) who are 16 years of age and over; or
            (ii) who are beyond the age of compulsory school attendance 
        in the State in which such persons reside and are not enrolled 
        in school;
            (B)(i) who themselves, or whose parents, have spent a 
        minimum of 75 days during the past 24 months in migrant and 
        seasonal farmwork; or
            (ii) who are eligible to participate, or have participated 
        within the preceding 2 years, in programs under part C of title 
        I of the Elementary and Secondary Education Act of 1965 [20 
        U.S.C. 6391 et seq.] or section 2912 of title 29; and
            (C) who lack a high school diploma or its equivalent;

        (2) educational services which provide instruction designed to 
    help students obtain a general education diploma which meets the 
    guidelines established by the State in which the project is located 
    for high school equivalency;
        (3) supportive services which include the following:
            (A) personal, vocational, and academic counseling;
            (B) placement services designed to place students in a 
        university, college, or junior college program, or in military 
        service or career positions; and
            (C) health services;

        (4) information concerning, and assistance in obtaining, 
    available student financial aid;
        (5) weekly stipends for high school equivalency program 
    participants;
        (6) housing for those enrolled in residential programs;
        (7) exposure to cultural events, academic programs, and other 
    educational and cultural activities usually not available to migrant 
    youth; and
        (8) other essential supportive services, as needed to ensure the 
    success of eligible students.

(c) Services provided by college assistance migrant program

    (1) Services authorized by this subpart for the college assistance 
migrant program include--
        (A) outreach and recruitment services to reach persons who 
    themselves or whose parents have spent a minimum of 75 days during 
    the past 24 months in migrant and seasonal farmwork or who have 
    participated or are eligible to participate, in programs under part 
    C of title I of the Elementary and Secondary Education Act of 1965 
    [20 U.S.C. 6391 et seq.] (or such part's predecessor authority) or 
    section 2912 of title 29, and who meet the minimum qualifications 
    for attendance at a college or university;
        (B) supportive and instructional services which include:
            (i) personal, academic, and career counseling as an ongoing 
        part of the program;
            (ii) tutoring and academic skill building instruction and 
        assistance;
            (iii) assistance with special admissions;
            (iv) health services; and
            (v) other services as necessary to assist students in 
        completing program requirements;

        (C) assistance in obtaining student financial aid which 
    includes, but is not limited to:
            (i) stipends;
            (ii) scholarships;
            (iii) student travel;
            (iv) career oriented work study;
            (v) books and supplies;
            (vi) tuition and fees;
            (vii) room and board; and
            (viii) other assistance necessary to assist students in 
        completing their first year of college;

        (D) housing support for students living in institutional 
    facilities and commuting students;
        (E) exposure to cultural events, academic programs, and other 
    activities not usually available to migrant youth; and
        (F) other support services as necessary to ensure the success of 
    eligible students.

    (2) A recipient of a grant to operate a college assistance migrant 
program under this subpart shall provide followup services for migrant 
students after such students have completed their first year of college, 
and shall not use more than 10 percent of such grant for such followup 
services. Such followup services may include--
        (A) monitoring and reporting the academic progress of students 
    who participated in the project during such student's first year of 
    college and during such student's subsequent years in college; and
        (B) referring such students to on- or off-campus providers of 
    counseling services, academic assistance, or financial aid.

(d) Management plan required

    Each project application shall include a management plan which 
contains assurances that the grant recipient will coordinate the 
project, to the extent feasible, with other local, State, and Federal 
programs to maximize the resources available for migrant students, and 
that staff shall have a demonstrated knowledge and be sensitive to the 
unique characteristics and needs of the migrant and seasonal farmworker 
population, and provisions for:
        (1) staff in-service training;
        (2) training and technical assistance;
        (3) staff travel;
        (4) student travel;
        (5) interagency coordination; and
        (6) an evaluation plan.

(e) Five-year grant period; consideration of prior experience

    Except under extraordinary circumstances, the Secretary shall award 
grants for a 5-year period. For the purpose of making grants under this 
subpart, the Secretary shall consider the prior experience of service 
delivery under the particular project for which funds are sought by each 
applicant. Such prior experience shall be awarded the same level of 
consideration given this factor for applicants for programs in 
accordance with section 1070a-11(c)(1) of this title.

(f) Minimum allocations

    The Secretary shall not allocate an amount less than--
        (1) $150,000 for each project under the high school equivalency 
    program, and
        (2) $150,000 for each project under the college assistance 
    migrant program.

(g) Data collection

    The National Center for Education Statistics shall collect 
postsecondary education data on migrant students.

(h) Authorization of appropriations

    (1) There are authorized to be appropriated for the high school 
equivalency program $15,000,000 for fiscal year 1999 and such sums as 
may be necessary for each of the 4 succeeding fiscal years.
    (2) There are authorized to be appropriated for the college 
assistance migrant program $5,000,000 for fiscal year 1999 and such sums 
as may be necessary for each of the 4 succeeding fiscal years.

(Pub. L. 89-329, title IV, Sec. 418A, as added Pub. L. 99-498, title IV, 
Sec. 401(a), Oct. 17, 1986, 100 Stat. 1341; amended Pub. L. 100-50, 
Sec. 7, June 3, 1987, 101 Stat. 340; Pub. L. 102-325, title IV, 
Sec. 405, July 23, 1992, 106 Stat. 507; Pub. L. 103-382, title III, 
Sec. 391(e)(1), (2), Oct. 20, 1994, 108 Stat. 4022; Pub. L. 105-244, 
title IV, Sec. 408, Oct. 7, 1998, 112 Stat. 1667; Pub. L. 105-277, div. 
A, Sec. 101(f) [title VIII, Sec. 405(d)(15)(A), (f)(12)(A)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-421, 2681-431.)

                       References in Text

    The Elementary and Secondary Education Act of 1965, referred to in 
subsecs. (b)(1)(B)(ii) and (c)(1)(A), is Pub. L. 89-10, Apr. 11, 1965, 
79 Stat. 27, as amended generally by Pub. L. 103-382, title I, Sec. 101, 
Oct. 20, 1994, 108 Stat. 3519. Part C of title I of the Act is 
classified generally to part C (Sec. 6391 et seq.) of subchapter I of 
chapter 70 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 6301 of this title and 
Tables.


                            Prior Provisions

    A prior section 1070d-2, Pub. L. 89-329, title IV, Sec. 418A, as 
added Pub. L. 96-374, title IV, Sec. 406, Oct. 3, 1980, 94 Stat. 1411, 
related to secondary and postsecondary high school equivalency programs 
and college assistance migrant programs, prior to the general revision 
of this part by Pub. L. 99-498.
    Another prior section 1070d-2, Pub. L. 89-329, title IV, Sec. 418A, 
as added Pub. L. 94-482, title I, Sec. 125, Oct. 12, 1976, 90 Stat. 
2096; amended Pub. L. 96-49, Sec. 5(a)(6), Aug. 13, 1979, 93 Stat. 352, 
provided for the Educational Information Centers program, prior to 
repeal by Pub. L. 96-374, title I, Sec. 101(b), Oct. 3, 1980, 94 Stat. 
1383. See section 1070d-1c of this title.
    A prior section 1070d-3, Pub. L. 89-329, title IV, Sec. 418B, as 
added Pub. L. 94-482, title I, Sec. 125, Oct. 12, 1976, 90 Stat. 2097, 
related to administration by States of Educational Information Centers 
program, prior to repeal by Pub. L. 96-374, title I, Sec. 101(b), Oct. 
3, 1980, 94 Stat. 1383, eff. Oct. 1, 1980.


                               Amendments

    1998--Subsecs. (b)(1)(B)(ii), (c)(1)(A). Pub. L. 105-277, 
Sec. 101(f) [title VIII, Sec. 405(f)(12)(A)], struck out ``section 1672 
of title 29 or'' before ``section 2912 of title 29''.
    Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(15)(A)], 
substituted ``section 1672 of title 29 or section 2912 of title 29'' for 
``section 1672 of title 29''.
    Subsec. (d). Pub. L. 105-244, Sec. 408(a), inserted ``that the grant 
recipient will coordinate the project, to the extent feasible, with 
other local, State, and Federal programs to maximize the resources 
available for migrant students, and'' after ``contains assurances'' in 
introductory provisions.
    Subsec. (e). Pub. L. 105-244, Sec. 408(d), substituted ``in 
accordance with section 1070a-11(c)(1) of this title'' for ``authorized 
by subpart 4 of this part in accordance with section 1070d(b)(2) of this 
title.''
    Subsec. (g). Pub. L. 105-244, Sec. 408(c)(2), added subsec. (g). 
Former subsec. (g) redesignated (h).
    Pub. L. 105-244, Sec. 408(b), substituted ``1999'' for ``1993'' in 
pars. (1) and (2).
    Subsec. (h). Pub. L. 105-244, Sec. 408(c)(1), redesignated subsec. 
(g) as (h).
    1994--Subsec. (b)(1)(B)(ii). Pub. L. 103-382, Sec. 391(e)(1), 
substituted ``part C'' for ``subpart 1 of part D of chapter 1''.
    Subsec. (c)(1)(A). Pub. L. 103-382, Sec. 391(e)(2), substituted 
``part C'' for ``subpart 1 of part D of chapter 1'' and inserted ``(or 
such part's predecessor authority)'' after ``1965''.
    1992--Subsec. (b)(1). Pub. L. 102-325, Sec. 405(a)(1)(A), added par. 
(1) and struck out former par. (1) which read as follows: ``recruitment 
services to reach persons who are 17 years of age and over, who 
themselves or whose parents have spent a minimum of 75 days during the 
past 24 months in migrant and seasonal farmwork, and who lack a high 
school diploma or its equivalent;''.
    Subsec. (b)(4). Pub. L. 102-325, Sec. 405(a)(1)(B), inserted comma 
after ``concerning'' and after ``obtaining''.
    Subsec. (c). Pub. L. 102-325, Sec. 405(a)(2), (b), designated 
existing provisions as par. (1), redesignated former par. (1) as subpar. 
(A) and amended it generally, redesignated par. (2) and its subpars. (A) 
to (E) as subpar. (B) and cls. (i) to (v), respectively, redesignated 
par. (3) and its subpars. (A) to (H) as subpar. (C) and cls. (i) to 
(viii), respectively, redesignated pars. (4) to (6) as subpars. (D) to 
(F), respectively, and added par. (2). Prior to amendment, par. (1) read 
as follows: ``outreach and recruitment services to reach persons who 
themselves or whose parents have spent a minimum of 75 days during the 
past 24 months in migrant and seasonal farmwork, and who meet the 
minimum qualifications for attendance at a college or university;''.
    Subsec. (e). Pub. L. 102-325, Sec. 405(c), substituted ``Five-year'' 
for ``Three-year'' in heading and ``5-year'' for ``3-year'' in text.
    Subsec. (g). Pub. L. 102-325, Sec. 405(d), amended subsec. (g) 
generally, substituting present provisions for former provisions which 
authorized appropriations for fiscal years 1987 through 1991.
    1987--Subsec. (g). Pub. L. 100-50 amended subsec. (g) generally. 
Prior to amendment, subsec. (g) read as follows: ``There is authorized 
to be appropriated for this part $9,000,000 for fiscal year 1987, and 
such sums as may be necessary for the 4 succeeding fiscal years.''


                    Effective Date of 1998 Amendments

    Amendment by section 101(f) [title VIII, Sec. 405(d)(15)(A)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(12)(A)] of Pub. L. 105-277 effective July 1, 
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 
105-277, set out as a note under section 3502 of Title 5, Government 
Organization and Employees.
    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-50 effective as if enacted as part of the 
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of 
Pub. L. 100-50, set out as a note under section 1001 of this title.
