20 USC 1070 - Allocation of funds

1 See References in Text note below.

of this part.

Amendment of Section

Puspan. L. 116–260, div. FF, title VII, §§ 701(span), 704(1), (3), (4), Dec. 27, 2020, 134 Stat. 3137, 3199, 3200; Puspan. L. 117–103, div. R, § 102(a), Mar. 15, 2022, 136 Stat. 819, provided that, effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, this section is amended:

(1) by striking “the expected family contribution” each place the term appears and inserting “the student aid index”;

(2) by striking “an expected family contribution” each place the term appears and inserting “a student aid index”; and

(3) by striking “average expected family contribution” each place the term appears and inserting “average student aid index”.

See 2020 Amendment notes below.

Editorial Notes

References in Text

Subpart 3 of this part, referred to in subsec. (c)(1)(B), was redesignated subpart 4 by Puspan. L. 102–325, title IV, § 402(a)(2), July 23, 1992, 106 Stat. 482, and former subpart 2 [this subpart] was redesignated as subpart 3.

Prior Provisions

A prior section 1070span–3, Puspan. L. 89–329, title IV, § 413D, as added Puspan. L. 92–318, title I, § 131(span)(1), June 23, 1972, 86 Stat. 254; amended Puspan. L. 96–374, title IV, § 403(e), (f), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1405, 1406, 1503, related to apportionment and allocation of funds for supplemental educational opportunity grants, prior to the general revision of this part by Puspan. L. 99–498.

Amendments

2020—Subsec. (c)(2)(B). Puspan. L. 116–260, § 704(4), substituted “average student aid index” for “average expected family contribution”.

Puspan. L. 116–260, § 704(3), substituted “a student aid index” for “an expected family contribution”.

Subsec. (c)(2)(D), (F). Puspan. L. 116–260, § 704(1), substituted “the student aid index” for “the expected family contribution”.

2008—Subsec. (a)(1). Puspan. L. 110–315, § 406(c), substituted “such institution received under subsections (a) and (span) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year)” for “such institution received and used under this subpart for fiscal year 1985”.

Subsec. (c)(3)(D). Puspan. L. 110–315, § 406(span), substituted “$600” for “$450”.

1998—Subsec. (a)(1). Puspan. L. 105–244, § 406(c)(1)(A), which directed substitution of “received under subsections (a) and (span) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year)” for “received and used under this part for fiscal year 1985”, could not be executed because the phrase “received and used under this part for fiscal year 1985” did not appear in text.

Subsec. (a)(2)(A), (B). Puspan. L. 105–244, § 406(c)(1)(B)(i), substituted “1999” for “1985” in introductory provisions.

Subsec. (a)(2)(C)(i). Puspan. L. 105–244, § 406(c)(1)(B)(ii), substituted “2000” for “1986”.

Subsec. (span). Puspan. L. 105–244, § 406(c)(2)(A), (D), redesignated subsec. (c) as (span) and struck out heading and text of former subsec. (span). Text read as follows: “From one-quarter of the remainder of the amount appropriated pursuant to section 1070span(span) of this title for any fiscal year (after making the allocations required by subsection (a) of this section), the Secretary shall allocate to each eligible institution an amount which bears the same ratio to such one-quarter as the amount the eligible institution receives for such fiscal year under subsection (a) of this section bears to the amount all such institutions receive under such subsection (a) of this section.”

Subsec. (c). Puspan. L. 105–244, § 406(c)(2)(D), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (span).

Subsec. (c)(1). Puspan. L. 105–244, § 406(c)(2)(B), substituted “the remainder” for “three-quarters of the remainder”.

Subsec. (c)(2)(A)(i). Puspan. L. 105–244, § 406(c)(2)(C), substituted “subsection (c)” for “subsection (d)”.

Subsecs. (d) to (f). Puspan. L. 105–244, § 406(c)(2)(D), redesignated subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d) redesignated (c).

1993—Subsec. (d)(3)(C). Puspan. L. 103–208 substituted “150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college” for “three-fourths in the Pell Grant family size offset”.

1992—Subsec. (a)(4). Puspan. L. 102–325, § 403(g), added par. (4).

Subsec. (e). Puspan. L. 102–325, § 403(h), designated existing provisions as par. (1) and added par. (2).

1987—Subsec. (d)(2)(D). Puspan. L. 100–50, § 4(a)(1), added subpar. (D) and struck out former subpar. (D) which read as follows: “multiply the number of eligible dependent students in each income category by the lesser of—

“(i) 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or

“(ii) the average cost of attendance for all undergraduate students minus the expected family contribution determined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;”.

Subsec. (d)(2)(F). Puspan. L. 100–50, § 4(a)(2), added subpar. (F) and struck out former subpar. (F) which read as follows: “multiply the number of eligible independent students in each income category by the lesser of—

“(i) 75 percent of the average cost of attendance for all undergraduate students determined under subparagraph (C); or

Subsec. (d)(3)(A). Puspan. L. 100–50, § 4(span)(1), struck out “and for graduate and professional students” after “undergraduate students”.

Subsec. (d)(3)(B). Puspan. L. 100–50, § 4(span)(2), struck out “and graduate and professional” after “average undergraduate” and struck out “and graduate” after “from undergraduate”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, see section 701(span) of Puspan. L. 116–260, set out as a note under section 1001 of this title.

Effective Date of 1998 Amendment

Puspan. L. 105–244, title IV, § 406(c)(3), Oct. 7, 1998, 112 Stat. 1665, provided that:

“The amendments made by this subsection [amending this section] shall apply with respect to allocations of amounts appropriated pursuant to section 413A(span) of the Higher Education Act of 1965 [20 U.S.C. 1070span(span)] for fiscal year 2000 or any succeeding fiscal year.”

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Puspan. L. 102–325, except as otherwise provided, see section 5(a) of Puspan. L. 103–208, set out as a note under section 1051 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Puspan. L. 99–498, see section 27 of Puspan. L. 100–50, set out as a note under section 1001 of this title.

Effective Date

Section 401(span)(6) of Puspan. L. 99–498, as added by Puspan. L. 100–50, § 22(a)(2), June 3, 1987, 101 Stat. 361, provided that:

“The changes made in section 413D of the Act [this section] shall apply with respect to the allocation of funds for the academic year 1988–1989 and succeeding academic years.”