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20 U.S.C. § 1015f — State commitment to affordable college education

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1015f — State commitment to affordable college education

**(a) Maintenance of effort required** A State shall provide— (1) for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-direct research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfactory data are available; and (2) for private institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding academic years for which satisfactory data are available. **(b) Adjustments for biennial appropriations** The Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels for postsecondary education in States with biennial appropriation cycles. **(c) Waiver** The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen 11 So in original. Probably should be “unforeseen”. decline in the financial resources of a State or State educational agency, as appropriate. **(d) Violation of maintenance of effort** Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount

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Source file: Laws/federal/codes/united-states-code/title-20/section-1015f-state-commitment-to-affordable-college-education--d6cc4deca6.md
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Source location: Title 20, Chapter 28, § 1015f; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Maintenance of effort required** A State shall provide— (1) for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-direct research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfactory data are available; and (2) for private institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding academic years for which satisfactory data are available. **(b) Adjustments for biennial appropriations** The Secretary shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels for postsecondary education in States with biennial appropriation cycles. **(c) Waiver** The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen 11 So in original. Probably should be “unforeseen”. decline in the financial resources of a State or State educational agency, as appropriate. **(d) Violation of maintenance of effort** Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under [section 1141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1141&num=0&edition=prelim) until such State has made significant efforts to correct such violation.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1141 — Authorization of appropriations

There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1015f — State commitment to affordable college

Page 228 TITLE 20—EDUCATION § 1015f 1 So in original. Probably should be ‘‘unforeseen’’. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title I, § 136, as added Pub. L. 110–315, title I, § 115, Aug. 14, 2008, 122 Stat. 3111; amended Pub. L. 111–39, title I, § 101(b)(4), July 1, 2009, 123 Stat. 1935.) Editorial Notes AMENDMENTS 2009—Subsec. (d)(1). Pub. L. 111–39 substituted ‘‘(com- monly known as the ‘Family Educational Rights and Privacy Act of 1974’)’’ for ‘‘(Family Educational Rights and Privacy Act of 1974)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1015f. State commitment to affordable college education (a) Maintenance of effort required A State shall provide— (1) for public institutions of higher edu- cation in such State for any academic year be- ginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-di- rect research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfac- tory data are available; and (2) for private institutions of higher edu- cation in such State for any academic year be- ginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with posts

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