Assistance may be made available under this subpart only to an institution which-
Awards may be made under this subpart only to a student who-
If the institution's allocation under this subpart is directly or indirectly based in part on the financial need demonstrated by students who are independent students or attending the institution on less than a full-time basis, then a reasonable proportion of the allocation shall be made available to such students.
An agreement entered into pursuant to this section shall provide that funds granted to an institution of higher education may be used only to make payments to students participating in a grant program authorized under this subpart, except that an institution may use a portion of the sums allocated to it under this subpart to meet administrative expenses in accordance with section 1096 of this title.
20 U.S.C. § 1070b-2
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 1070b-2, Pub. L. 89-329, title IV, §413C, as added Pub. L. 92-318, title I, §131(b)(1), June 23, 1972, 86 Stat. 253; amended Pub. L. 94-482, title I, §122(b), Oct. 12, 1976, 90 Stat. 2094; Pub. L. 96-374, title IV, §403(d), Oct. 3, 1980, 94 Stat. 1405, related to selection of recipients of supplemental educational opportunity grants and agreements with institutions, prior to the general revision of this part by Pub. L. 99-498.
AMENDMENTS2020-Subsec. (c)(2)(B). Pub. L. 116-260 substituted "student aid indexes" for "expected family contributions". 1998-Subsec. (d). Pub. L. 105-244 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "If the institution's allocation under this subpart is directly or indirectly based in part on the financial need demonstrated by students who are independent students or attending the institution less than full time and if the total financial need of all such students attending the institution exceeds 5 percent of the total financial need of all students attending such institution, then at least 5 percent of such allotment shall be made available to such students."1993-Subsec. (d). Pub. L. 103-208 substituted "and" for ", a reasonable proportion of the institution's allocation shall be made available to such students, except that" and "5 percent of the total financial need" for "5 percent of the need". 1992-Subsec. (a)(2). Pub. L. 102-325, §403(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "agrees that the Federal share of awards under this subpart will not exceed- "(A) 95 percent of such awards in fiscal year 1989, "(B) 90 percent of such awards in fiscal year 1990, and "(C) 85 percent of such awards in fiscal year 1991, except that the Federal share may be exceeded if the Secretary determines, pursuant to regulations establishing objective criteria for such determinations, that a larger Federal share is required to further the purpose of this subpart; and".Subsec. (d). Pub. L. 102-325, §403(e), inserted "who are independent students or" after "demonstrated by students" and inserted before period at end ", except that if the total financial need of all such students attending the institution exceeds 5 percent of the need of all students attending such institution, then at least 5 percent of such allotment shall be made available to such students". Subsec. (e). Pub. L. 102-325, §403(f), struck out before period at end ", and may transfer such funds in accordance with the provisions of section 1095 of this title".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. 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(b) of Pub. L. 116-260, set out as a note under section 1001 of this title.
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.
EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-208 effective on and after July 1, 1994, see section 5(b)(6) of Pub. L. 103-208, set out as a note under section 1051 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-325 effective July 23, 1992, except that changes in subsec. (a)(2) of this section, relating to Federal share for supplemental educational opportunity grant program, applicable to funds provided for such program for award years beginning on or after July 1, 1993, see section 410 of Pub. L. 102-325, set out as a note under section 1070a of this title.
EFFECTIVE DATESection effective Oct. 17, 1986, except as otherwise provided, see section 2 of Pub. L. 99-498, set out as a note under section 1001 of this title.Pub. L. 99-498, title IV, §401(b)(5), Oct. 17, 1986, 100 Stat. 1353, provided that: "Section 413C(c)(2) of the Act [20 U.S.C. 1070b-2(c)(2)] as amended by this section shall apply to the awarding of grants under subpart 2 of part A of title IV of the Act [this subpart] for periods of enrollment beginning on or after July 1, 1987."