Page:United States Statutes at Large Volume 79.djvu/1274

 1234

PUBLIC LAW 89-32Q-NOV. 8, 1965

[79 STAT.

(4) lie would not, but for an educational opportunity grant, be financially able to pursue a course of study at such institution of higher education. ALLOTMENT OF EDUCATIONAL OPPORTUNIITT GRANT F U N D S AMONG STATES

SEC. 405. (a)(1) From the sums appropriated pursuant to the first sentence of section 401(b) for any fiscal year, the Commissioner shall allot to each State an amount which bears the same ratio to the amount so appropriated as the number of persons enrolled on a full-time basis in institutions of higher education in such State bears to the total number of persons enrolled on a full-time basis in institutions of higher education in all the States. The number of persons enrolled on a full-time basis in institutions of higher education for purposes of this section shall be determined by the Commissioner for the most recent year for which satisfactory data are available to him. (2) If the total of the sums determined by the Commissioner to be required under section 406 for any fiscal year for eligible institutions in a State is less than the amount of the allotment to that State under paragraph (1) for that year, the Commissioner may reallot the remaining amount from time to time, on such date or dates as he may fix, to other States in such manner as he determines will best assist in achieving the purposes of this part. (b) Sums appropriated pursuant to the third sentence of section 401(b) for any fiscal year shall be allotted or reallotted among the States in such manner as the Commissioner determines to be necessary to carry out the purposes for which such sums are appropriated. ALLOCATION OF ALLOTIED F U N D S TO INSTITUTIONS

SEC. 406. (a) The Commissioner shall from time to time set dates by which eligible institutions in any State must file applications for allocation, to such institutions, of educational opportunity grant funds from the allotment to that State (including any reallotment thereto) for any fiscal year pursuant to section 405(a), to be used for the purposes specified in the first sentence of section 401(b). Such allocations shall be made in accordance with equitable criteria which the Commissioner shall establish and which shall be designed to achieve such distribution of such funds among eligible institutions within a State as will most effectivelj carry out the purposes of this part. (b) The Commissioner shall further, in accordance with regulations, allocate to eligible institutions, in any State, from funds apportioned or reapportioned pursuant to section 405(b), funds to be used for the educational opportunity grants specified in the third sentence of section 401(b). (c) Payment shall be made from allocations under this section to institutions as needed. AGREEMENTS W I T H INSTITUTIONS

CONDITIONS

SEC. 407. (a) An institution of higher education which desires to obtain funds for educational opportunity grants under this part, shall enter into an agreement with the Commissioner. Such agreement shall— (1) provide that funds received by the institution under this part will be used by it only for the purposes specified in, and in accordance with, the provisions of this part,; (2) provide that in determining whether an individual meets the requirements of section 404(b)(3) the institution will (A)

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