of the grant provided under subsection (b) shall be re-
duced on a pro rata basis among all eligible students.
‘‘(g) TREATMENT OF INSTITUTIONS AND STUDENTS
UNDER OTHER LAWS.—Any institution of higher edu-
cation that enters into an agreement with the Secretary
to disburse to students attending that institution the
amounts those students are eligible to receive under this
subpart shall not be deemed, by virtue of the agreement,
to be a contractor maintaining a system of records to ac-
complish a function of the Secretary. Recipients of farmer
opportunity grants shall not be considered to be individual
grantees for purposes of the Drug-Free Workplace Act of
1988 (41 U.S.C. 701 et seq.).
‘‘SEC. 420F. STUDENT ELIGIBILITY.
‘‘(a) IN GENERAL.—In order to receive any grant
under this subpart, a student shall—
‘‘(1) be a member of a tobacco farm family in
accordance with subsection (b);
‘‘(2) be enrolled or accepted for enrollment in
a degree, certificate, or other program (including a
program of study abroad approved for credit by the
eligible institution at which the student is enrolled)
leading to a recognized educational credential at an
institution of higher education that is an eligible in-
stitution in accordance with section 487, and not be
enrolled in an elementary or secondary school;
‘‘(3) if the student is presently enrolled at an
institution of higher education, be maintaining satis-
factory progress in the course of study the student
is pursuing in accordance with subsection (c);
‘‘(4) not owe a refund on grants previously re-
ceived at any institution of higher education under
this title, or be in default on any loan from a stu-
dent loan fund at any institution provided for in
part D, or a loan made, insured, or guaranteed by
the Secretary under this title for attendance at any
institution;
‘‘(5) file with the institution of higher education
that the student intends to attend, or is attending,
a document, that need not be notarized, but that
shall include—
‘‘(A) a statement of educational purpose
stating that the money attributable to the grant
will be used solely for expenses related to at-
tendance or continued attendance at the institu-
tion; and
‘‘(B) the student’s social security number;
and
‘‘(6) be a citizen of the United States.
‘‘(b) TOBACCO FARM FAMILIES.—
‘‘(1) IN GENERAL.—For the purpose of sub-
section (a)(1), a student is a member of a tobacco
farm family if during calendar year 1998 the stu-
dent was—
‘‘(A) an individual who—
‘‘(i) is a participating tobacco pro-
ducer (as defined in section 1002 of the
LEAF Act); or
‘‘(ii) is otherwise actively engaged in
the production of tobacco;
‘‘(B) a spouse, son, daughter, stepson, or
stepdaughter of an individual described in sub-
paragraph (A);
‘‘(C) an individual—
‘‘(i) who was a brother, sister, step-
brother, stepsister, son-in-law, or daughter-
in-law of an individual described in sub-
paragraph (A); and
‘‘(ii) whose principal place of resi-
dence was the home of the individual de-
scribed in subparagraph (A); or
‘‘(D) an individual who was a dependent
(within the meaning of section 152 of the Inter-
nal Revenue Code of 1986) of an individual de-
scribed in subparagraph (A).
‘‘(2) ADMINISTRATION.—On request, the Sec-
retary of Agriculture shall provide to the Secretary
such information as is necessary to carry out this
subsection.
‘‘(c) SATISFACTORY PROGRESS.—
‘‘(1) IN GENERAL.—For the purpose of sub-
section (a)(3), a student is maintaining satisfactory
progress if—
‘‘(A) the institution at which the student is
in attendance reviews the progress of the stu-
dent at the end of each academic year, or its
equivalent, as determined by the institution;
and
‘‘(B) the student has at least a cumulative
C average or its equivalent, or academic stand-
ing consistent with the requirements for grad-
uation, as determined by the institution, at the
end of the second such academic year.
‘‘(2) SPECIAL RULE.—Whenever a student fails
to meet the eligibility requirements of subsection
(a)(3) as a result of the application of this sub-
section and subsequent to that failure the student
has academic standing consistent with the require-
ments for graduation, as determined by the institu-
tion, for any grading period, the student may, sub-
ject to this subsection, again be eligible under sub-
section (a)(3) for a grant under this subpart.
‘‘(3) WAIVER.—Any institution of higher edu-
cation at which the student is in attendance may
waive paragraph (1) or (2) for undue hardship based
on—
‘‘(A) the death of a relative of the student;
‘‘(B) the personal injury or illness of the
student; or
‘‘(C) special circumstances as determined
by the institution.
‘‘(d) STUDENTS WHO ARE NOT SECONDARY SCHOOL
GRADUATES.—In order for a student who does not have
a certificate of graduation from a school providing second-
ary education, or the recognized equivalent of the certifi-
cate, to be eligible for any assistance under this subpart,
the student shall meet either 1 of the following standards:
‘‘(1) EXAMINATION.—The student shall take an
independently administered examination and shall
achieve a score, specified by the Secretary, dem-
onstrating that the student can benefit from the
education or training being offered. The examination
shall be approved by the Secretary on the basis of