 
      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 7--child care access means parents in school
 
Sec. 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.

                 (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) of this section, 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) of this section;
        (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, corporate or other 
    institutional support, and demonstrate that the use of the resources 
    will not result in increases in student tuition;
        (6) contain an assurance that the institution will meet the 
    child care needs of low-income students through the provision of 
    services, or through a contract for the provision of services;
        (7) describe the extent to which the child care program will 
    coordinate with the institution's early childhood education 
    curriculum, to the extent the curriculum is available, to meet the 
    needs of the students in the early childhood education program at 
    the institution, and the needs of the parents and children 
    participating in the child care program assisted under this section;
        (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

                     (1) Reporting requirements

        (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;
                (ii) information on campus and community resources and 
            funding used to help low-income students access child care 
            services;
                (iii) information on progress made toward accreditation 
            of any child care facility; and
                (iv) information on the impact of the grant on the 
            quality, availability, and affordability of campus-based 
            child care services.

                     (2) Continuing eligibility

        The Secretary shall make the third annual grant payment under 
    this section to an institution of higher education only if the 
    Secretary determines, on the basis of the 18-month report submitted 
    under paragraph (1), that the institution is making a good faith 
    effort to ensure that low-income students at the institution have 
    access to affordable, quality child care services.

(f) Construction

    No funds provided under this section shall be used for construction, 
except for minor renovation or repair to meet applicable State or local 
health or safety requirements.

(g) Authorization of appropriations

    There are authorized to be appropriated to carry out this section 
$45,000,000 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. 419N, as added Pub. L. 105-244, title 
IV, Sec. 410, Oct. 7, 1998, 112 Stat. 1668.)


                            Prior Provisions

    A prior section 1070e, Pub. L. 89-329, title IV, Sec. 420, as added 
Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1346, 
related to payments to institutions of higher education, prior to repeal 
by Pub. L. 102-325, title IV, Sec. 407, July 23, 1992, 106 Stat. 510.
    Another prior section 1070e, Pub. L. 89-329, title IV, Sec. 420, 
formerly Sec. 419, as added Pub. L. 92-318, title X, Sec. 1001(a), June 
23, 1972, 86 Stat. 375; amended Pub. L. 96-374, title XIII, 
Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1503; renumbered Pub. L. 98-558, 
title VIII, Sec. 801(b)(1), Oct. 30, 1984, 98 Stat. 2902, related to 
payments to institutions of higher education, prior to the general 
amendment of this part by Pub. L. 99-498.
    A prior section 1070e-1, Pub. L. 89-329, title IV, Sec. 420A, as 
added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 
1348; amended Pub. L. 100-50, Sec. 8, June 3, 1987, 101 Stat. 341; Pub. 
L. 102-54, Sec. 13(g)(2), June 13, 1991, 105 Stat. 275; Pub. L. 102-83, 
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, related to veterans education 
outreach program, prior to repeal by Pub. L. 102-325, title IV, 
Sec. 408, July 23, 1992, 106 Stat. 510.
    Another prior section 1070e-1, Pub. L. 89-329, title IV, Sec. 420A, 
formerly Sec. 420, as added Pub. L. 92-318, title X, Sec. 1001(a), June 
23, 1972, 86 Stat. 378; amended Pub. L. 93-380, title VIII, Sec. 834(a), 
Aug. 21, 1974, 88 Stat. 604; Pub. L. 94-482, title I, Sec. 126(a)-(c), 
Oct. 12, 1976, 90 Stat. 2098; Pub. L. 95-336, Sec. 6(a), Aug. 4, 1978, 
92 Stat. 453; Pub. L. 96-49, Sec. 5(a)(7), Aug. 13, 1979, 93 Stat. 352; 
Pub. L. 96-374, title IV, Sec. 407, Oct. 3, 1980, 94 Stat. 1412; Pub. L. 
97-300, title I, Sec. 183, Oct. 13, 1982, 96 Stat. 1357; renumbered 
Sec. 420A, Pub. L. 98-558, title VIII, Sec. 801(b)(2), Oct. 30, 1984, 98 
Stat. 2902, related to veterans' cost-of-instruction payments to 
institutions of higher education, prior to the general amendment of this 
part by Pub. L. 99-498.


                             Effective Date

    Section effective Oct. 1, 1998, except as otherwise provided in Pub. 
L. 105-244, see section 3 of Pub. L. 105-244, set out as an Effective 
Date of 1998 Amendment note under section 1001 of this title.
