---
kind: "section"
citation: "20 U.S.C. § 1070c–1"
title: "20"
title_heading: "Education"
number: "1070c–1"
heading: "Allotment among States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1070c-1"
units:
  - "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"
---

# §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](/usc/20/1070c.md?p=b-1) and not reserved under [section 1070c(b)(2) of this title](/usc/20/1070c.md?p=b-2) for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allot to each [State](/usc/20/1003.md?p=21-A) an amount which bears the same ratio to such sums as the number of students who are deemed eligible in such [State](/usc/20/1003.md?p=21-A) for participation in the grant program authorized by this subpart bears to the total number of such students in all the [States](/usc/20/1003.md?p=21-A), except that no [State](/usc/20/1003.md?p=21-A) shall receive less than the [State](/usc/20/1003.md?p=21-A) received for fiscal year 1979.
  - (2) For the purpose of this subsection, the number of students who are deemed eligible in a [State](/usc/20/1003.md?p=21-A) for participation in the grant program authorized by this subpart, and the number of such students in all the [States](/usc/20/1003.md?p=21-A), shall be determined for the most recent year for which satisfactory data are available.
- (b) **Reallotment—** The amount of any [State](/usc/20/1003.md?p=21-A)’s allotment under [subsection (a)](#a) for any fiscal year which the [Secretary](/usc/20/1003.md?p=17) determines will not be required for such fiscal year for the leveraging educational assistance partnership program of that [State](/usc/20/1003.md?p=21-A) shall be available for reallotment from time to time, on such dates during such year as the [Secretary](/usc/20/1003.md?p=17) may fix, to other [States](/usc/20/1003.md?p=21-A) in proportion to the original allotments to such [States](/usc/20/1003.md?p=21-A) under such part for such year, but with such proportionate amount for any of such [States](/usc/20/1003.md?p=21-A) being reduced to the extent it exceeds the sum the [Secretary](/usc/20/1003.md?p=17) estimates such [State](/usc/20/1003.md?p=21-A) needs and will be able to use for such year for carrying out the [State](/usc/20/1003.md?p=21-A) plan. The total of such reductions shall be similarly reallotted among the [States](/usc/20/1003.md?p=21-A) whose proportionate amounts were not so reduced. Any amount reallotted to a [State](/usc/20/1003.md?p=21-A) under this part during a year from funds appropriated pursuant to [section 1070c(b)(1) of this title](/usc/20/1070c.md?p=b-1) shall be deemed part of its allotment under [subsection (a)](#a) for such year.
- (c) **Allotments subject to continuing compliance—** The [Secretary](/usc/20/1003.md?p=17) shall make payments for continuing incentive grants only to [States](/usc/20/1003.md?p=21-A) which continue to meet the requirements of [section 1070c–2(b) of this title](/usc/20/1070c–2.md?p=b).

## Source credit

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

## Notes

### Editorial Notes

### Prior Provisions

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

### Amendments

1998—Subsec. (a)(1). Pub. L. 105–244, § 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, § 407(a)(2)(A), substituted “leveraging educational assistance partnership” for “State student grant incentive”.

### Statutory Notes and Related Subsidiaries

### 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.