PUBLIC LAW 102-325—JULY 23, 1992 106 STAT. 495 "SEC. 404D. SCHOLARSHIP COMPONENT. 20 USC "(a) IN GENERAL.— In order to receive payments under section '^" 404B(d), a State shall establish or maintain a financial assistance program that awards grants to students in accordance with the requirements of this section. The Secretary shall encourage the State to ensure that the tuition assistance provided pursuant to this section is available to an eligible student for use at any eligible institution. "(b) GRANT AMOUNTS. —The maximum amount of the grant that an eligible student in any participating State shall be eligible to receive under this section shall be estabhshed by the State. The minimum amount of the grant for each fiscal year shall not be less than the lesser of— "(1) 75 percent of the average cost of attendance for an in-State student, in a 4-year program of instruction, at public institutions of higher education in such State, as determined in accordance with regulations prescribed by the Secretary; or "(2) the maximum grant funded under section 401 for such fiscal year, "(c) RELATION TO OTHER ASSISTANCE. — Tuition assistance provided under this chapter shall not be considered for the purpose of awarding FedergJ grant assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed such student's total cost of attendance. "(d) ELIGIBLE STUDENTS. —^A student eligible for assistance xmder this chapter is a student who— "(1) is less than 22 years old at time of first grant award; "(2) receives a high school diploma or a certificate of high school equivalence on or after January 1, 1993; "(3) is enrolled or accepted for enrollment in a program of instruction at an institution of higher education that is located within the State's boundaries; except that, as a State option, a State may offer grant program portability for recipients who attend institutions of higher education outside such State; and "(4) who the participated in the State early intervention component required under section 404C. "(e) PRIORITY; WAIVER. —(1) The Secretary shall ensure that each State place a priority on awarding scholarships to students who will receive a Pell Grant for the academic year for which the award is being made under this chapter. "(2) A State may consider students who have successfully participated in programs funded under chapter 1 of this subpart to have met the requirements of subsection (d)(4). "SEC. 404E. DISTRroUTION OF FUNDS. 20 USC "(a) COMPETITIVE AWARDS.— If the amount appropriated to carry ^^'^^^-25. out this chapter for a fiscal year is less than $50,000,000, then the Secretary shall award grants under this chapter on a competitive basis to States to carry out a program described in section 404A. "(b) ALLOTMENT BASED ON TITLE I ESEA ALLOCATIONS.— If the amount appropriated to carry out this chapter for a fiscal year is $50,000,000 or more, then the Secretary shall allot to each State an amount which bears the same ratio to such sums as—
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