 
      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 4--leveraging educational assistance partnership program
 
Sec. 1070c-1. Allotment among States


(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 State's allotment under subsection (a) of this 
section 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) of this section 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 1070c-
2(b) of this title.

(Pub. L. 89-329, title IV, Sec. 415B, as added Pub. L. 99-498, title IV, 
Sec. 401(a), Oct. 17, 1986, 100 Stat. 1333; amended Pub. L. 105-244, 
title IV, Sec. 407(a)(2)(A), (c)(2), Oct. 7, 1998, 112 Stat. 1666, 
1667.)


                            Prior Provisions

    A prior section 1070c-1, Pub. L. 89-329, title IV, Sec. 415B, as 
added Pub. L. 92-318, title I, Sec. 131(b)(1), June 23, 1972, 86 Stat. 
256; amended Pub. L. 94-482, title I, Sec. 123(c)(2), Oct. 12, 1976, 90 
Stat. 2094; Pub. L. 96-374, title IV, Sec. 404(b), title XIII, 
Sec. 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. 99-
498.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-244, Sec. 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. 105-244, Sec. 407(a)(2)(A), substituted 
``leveraging educational assistance partnership'' for ``State student 
grant incentive''.


                    Effective Date of 1998 Amendment

    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.
