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LegalText 20 U.S.C. § 1070c1 Allotment among States us united_states_code code_section 20 EDUCATION 28 HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE 1070c1 20 U.S.C. § 1070c1 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s1070c1 data/legal/raw/us/code/title-20/usc20.xml 6f6da05f389ecbf4b555580c94d0822d550e193012520e5f805398bc0ba98329 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 4e5141b7422501657d9baaac4852de72f6fd658550489629e95ba8969ea950bc 2026-07-04 official
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20 U.S.C. § 1070c1 - Allotment among States

Text

(a) Allotment based on number of eligible students in attendance (1) From the sums appropriated pursuant to section 1070c(b)(1) of this title and not reserved under section 1070c(b)(2) of this title for any fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to such sums as the number of students who are deemed eligible in such State for participation in the grant program authorized by this subpart bears to the total number of such students in all the States, except that no State shall receive less than the State received for fiscal year 1979.

(2) For the purpose of this subsection, the number of students who are deemed eligible in a State for participation in the grant program authorized by this subpart, and the number of such students in all the States, shall be determined for the most recent year for which satisfactory data are available.

(b) Reallotment The amount of any States allotment under subsection (a) for any fiscal year which the Secretary determines will not be required for such fiscal year for the leveraging educational assistance partnership program of that State shall be available for reallotment from time to time, on such dates during such year as the Secretary may fix, to other States in proportion to the original allotments to such States under such part for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use for such year for carrying out the State plan. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this part during a year from funds appropriated pursuant to section 1070c(b)(1) of this title shall be deemed part of its allotment under subsection (a) for such year.

(c) Allotments subject to continuing compliance The Secretary shall make payments for continuing incentive grants only to States which continue to meet the requirements of section 1070c2(b) of this title.

(Pub. L. 89329, title IV, § 415B, as added Pub. L. 99498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1333; amended Pub. L. 105244, title IV, § 407(a)(2)(A), (c)(2), Oct. 7, 1998, 112 Stat. 1666, 1667.)

Notes

Editorial Notes

Prior ProvisionsA prior section 1070c1, Pub. L. 89329, title IV, § 415B, as added Pub. L. 92318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 256; amended Pub. L. 94482, title I, § 123(c)(2), Oct. 12, 1976, 90 Stat. 2094; Pub. L. 96374, title IV, § 404(b), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1407, 1503, related to allotment among States of amounts for grants to States for State student incentives, prior to the general revision of this part by Pub. L. 99498.

Amendments1998—Subsec. (a)(1). Pub. L. 105244, § 407(c)(2), inserted “and not reserved under section 1070c(b)(2) of this title” after “1070c(b)(1) of this title”. Subsec. (b). Pub. L. 105244, § 407(a)(2)(A), substituted “leveraging educational assistance partnership” for “State student grant incentive”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 AmendmentAmendment by Pub. L. 105244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105244, see section 3 of Pub. L. 105244, set out as a note under section 1001 of this title.