11 U.S. Code § 523 - Exceptions to discharge | U.S. Code | US Law

20 U.S. Code § 1091 – Student eligibility | U.S. Code | US Law

Amendment of Section

Pub. L. 116–260, div. FF, title VII, §§ 701(b), 702(n)(1)(A), (2), Dec. 27, 2020, 134 Stat. 3137, 3182, 3186, supplied that, efficient July 1, 2023, and relevant with respect to award yr 2023–2024 and every subsequent award yr, as decided below this chapter, with further provisions authorizing the Secretary of Education to implement modification earlier than (however not later than) July 1, 2023, this part is amended as follows:

(1) by putting subsections (n) and (r);

(2) by redesignating subsections (o), (p), (s), and (t), as subsections (n), (o), (q), and (r), respectively; and

(3) by including the next new subsections:

“(p) Use of earnings information with IRS

“The Secretary, in cooperation with the Secretary of the Treasury, shall fulfill the data transfer requirements under section 6103(l)(13) of title 26 and the procedure and requirements outlined in section 1098h of this title.”

“(s) Exception to required registration with the Selective Service System

“Notwithstanding part 3811(f) of title 50, a person shall not be ineligible for help or a profit supplied below this subchapter if the person is required below part 3802 of title 50 to current himself for and undergo registration below such part and fails to take action in accordance with any proclamation issued below such part, or in accordance with any rule or regulation issued below such part.

“(t) Confined or incarcerated people

“(1) Definitions

“In this subsection:

“(A) Confined or incarcerated particular person

“The time period ‘confined or incarcerated individual’—

“(i) means a person who’s serving a felony sentence in a Federal, State, or native penal establishment, jail, jail, reformatory, work farm, or different comparable correctional establishment; and

“(ii) doesn’t embrace a person who’s in a midway home or house detention or is sentenced to serve solely weekends.

“(B) Prison training program

“The time period ‘prison education program’ means an training or coaching program that—

“(i) is an eligible program below this subchapter supplied by an establishment of upper training (as outlined in part 1001 or 1002(a)(1)(B) of this title);

“(ii) is obtainable by an establishment that has been accredited to function in a correctional facility by the suitable State division of corrections or different entity that’s accountable for overseeing correctional amenities, or by the Bureau of Prisons;

“(iii) has been decided by the suitable State division of corrections or different entity that’s accountable for overseeing correctional amenities, or by the Bureau of Prisons, to be working in the perfect curiosity of students, the willpower of which shall be made by the State division of corrections or different entity or by the Bureau of Prisons, respectively, and could also be based mostly on—

“(I) charges of confined or incarcerated people persevering with their training post-release;

“(II) job placement charges for such people;

“(III) earnings for such people;

“(IV) charges of recidivism for such people;

“(V) the expertise, credentials, and charges of turnover or departure of instructors;

“(VI) the transferability of credit for programs accessible to confined or incarcerated people and the applicability of such credit towards associated diploma or certificates applications; or

“(VII) providing related educational and profession advising companies to collaborating confined or incarcerated people whereas they’re confined or incarcerated, upfront of reentry, and upon launch;

“(iv) gives transferability of credit to at the very least 1 establishment of upper training (as outlined in part 1001 or 1002(a)(1)(B) of this title) within the State through which the correctional facility is situated, or, within the case of a Federal correctional facility, within the State through which a lot of the people confined or incarcerated in such facility will reside upon launch;

“(v) is obtainable by an establishment that has not been topic, through the 5 years previous the date of the willpower, to—

“(I) any suspension, emergency motion, or termination of applications below this subchapter;

“(II) any adversarial motion by the establishment’s accrediting company or affiliation; or

“(III) any motion by the State to revoke a license or different authority to function;

“(vi) satisfies any relevant instructional necessities for skilled licensure or certification, together with licensure or certification examinations wanted to apply or discover employment within the sectors or occupations for which this system prepares the person, within the State through which the correctional facility is situated or, within the case of a Federal correctional facility, within the State through which a lot of the people confined or incarcerated in such facility will reside upon launch; and

“(vii) doesn’t supply training that’s designed to result in licensure or employment for a particular job or occupation within the State if such job or occupation sometimes entails prohibitions on the licensure or employment of previously incarcerated people within the State through which the correctional facility is situated, or, within the case of a Federal correctional facility, within the State through which a lot of the people confined or incarcerated in such facility will reside upon launch.

“(2) Technical help

“The Secretary, in collaboration with the Attorney General, shall present technical help and steering to the Bureau of Prisons, State departments of corrections, and different entities which are accountable for overseeing correctional amenities in making determinations below paragraph (1)(B)(iii).

“(3) Federal Pell Grant eligibility

“Notwithstanding subsection (a), to ensure that a confined or incarcerated particular person who in any other case meets the eligibility necessities of this subchapter to be eligible to obtain a Federal Pell Grant below part 1070a of this title, the person shall be enrolled or accepted for enrollment in a jail training program.

“(4) Evaluation

“(A) In common

“Not later than 1 yr after December 27, 2020, with a purpose to consider and enhance the impression of actions supported below this subsection, the Secretary, in partnership with the Director of the Institute of Education Sciences, shall award 1 or extra grants or contracts to, or enter into cooperative agreements with, skilled private and non-private establishments and organizations to allow the establishments and organizations to conduct an exterior analysis that shall—

“(i) assess the flexibility of confined or incarcerated people to entry and full the Free Application for Federal Student Aid;

“(ii) study in-custody outcomes and post-release outcomes associated to offering Federal Pell Grants to confined or incarcerated people, together with—

“(I) attainment of a postsecondary diploma or credential;

“(II) security in penal establishments with jail education schemes;

“(III) the dimensions of ready lists for jail education schemes;

“(IV) the extent to which such people proceed their training post-release;

“(V) employment and earnings outcomes for such people; and

“(VI) charges of recidivism for such people;

“(iii) observe people who acquired Federal Pell Grants below subpart 1 of half A at 1, 3, and 5 years after the people’ launch from confinement or incarceration; and

“(iv) study the extent to which establishments present re-entry or related profession companies to collaborating confined or incarcerated people as a part of the jail training program and the efficacy of such companies, if supplied.

“(B) Report

“Beginning not later than 1 yr after the Secretary awards the grant, contract, or cooperative settlement described in subparagraph (A) and yearly thereafter, every establishment of upper training working a jail training program below this subsection shall submit a report back to the Secretary on actions assisted and students served below this subsection, which shall embrace the knowledge, as relevant, contained in clauses (i) via (iv) of subparagraph (A).

“(5) Report

“Not later than 1 yr after December 27, 2020, and on at the very least an annual foundation thereafter, the Secretary shall undergo the authorizing committees, and make publicly accessible on the web site of the Department, a report on the—

“(A) impression of this subsection which shall embrace, at a minimal—

“(i) the names and varieties of establishments of upper training providing jail education schemes at which confined or incarcerated people are enrolled and receiving Federal Pell Grants;

“(ii) the variety of confined or incarcerated people receiving Federal Pell Grants via every jail training program;

“(iii) the quantity of Federal Pell Grant expenditures for every jail training program;

“(iv) the common quantity of Federal Pell Grant expenditures per full-time equal students in a jail training program in comparison with the common quantity of Federal Pell Grant expenditures per full-time equal students not in jail education schemes;

“(v) the demographics of confined or incarcerated people receiving Federal Pell Grants;

“(vi) the price of attendance for such people;

“(vii) the mode of instruction (reminiscent of distance training, in-person instruction, or a mixture of such modes) for every jail training program;

“(viii) info on the educational outcomes of such people (reminiscent of credit tried and earned, and credential and diploma completion) and any info accessible from student satisfaction surveys performed by the relevant establishment or correctional facility;

“(ix) info on post-release outcomes of such people, together with, to the extent practicable, continued postsecondary enrollment, earnings, credit switch, and job placement;

“(x) charges of recidivism for confined or incarcerated people receiving Federal Pell Grants;

“(xi) info on transfers of confined or incarcerated people between jail education schemes;

“(xii) the commonest applications and programs supplied in jail education schemes; and

“(xiii) charges of teacher turnover or departure for programs supplied in jail education schemes;

“(B) outcomes of every jail training program at every establishment of upper training, together with the knowledge described in clauses (ii) via (xiii) of subparagraph (A); and

“(C) findings regarding best practices with respect to prison education programs.”

See 2020 Amendment be aware beneath.

References in Text

Section 1078–1 of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 103–66, title IV, § 4047(b)–(d), Aug. 10, 1993, 107 Stat. 364, eff. July 1, 1994, besides with respect to loans supplied below that part because it existed previous to Aug. 10, 1993. Subsequently, a brand new part 1078–1, regarding voluntary versatile agreements with warranty companies, was enacted by Pub. L. 105–244, title IV, § 418, Oct. 7, 1998, 112 Stat. 1691.

Act of August 16, 1937, generally generally known as the National Apprenticeship Act, referred to in subsec. (d)(2)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classed typically to chapter 4C (§ 50 et seq.) of Title 29, Labor. For full classification of this Act to the Code, see Short Title be aware set out below part 50 of Title 29 and Tables.

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Section 171, referred to in subsec. (d)(2)(B), might have been supposed as a reference to part 171 of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, which is classed to part 3226 of Title 29, Labor. Neither the National Apprenticeship Act nor the Higher Education Act of 1965 accommodates a piece 171.

Subsection (h), referred to in subsec. (i), was redesignated subsec. (g) of this part by Pub. L. 103–208, § 2(h)(25), Dec. 20, 1993, 107 Stat. 2477.

Prior Provisions

A previous part 1091, Pub. L. 89–329, title IV, § 484, as added Pub. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1448; Pub. L. 99–272, title XVI, § 16032(a), (b), Apr. 7, 1986, 100 Stat. 354, associated to student eligibility for help, previous to the overall revision of this half by Pub. L. 99–498.

Another prior part 1091, Pub. L. 89–329, title V, § 501, Nov. 8, 1965, 79 Stat. 1254; Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 82; Pub. L. 92–318, title I, § 141(b)(1), June 23, 1972, 86 Stat. 285, set forth assertion of function and authorization of appropriations for training professions growth program, previous to repeal efficient Sept. 30, 1976, by Pub. L. 94–482, title I, § 151(a)(2), (b), Oct. 12, 1976, 90 Stat. 2151.

Amendments

2020—Subsecs. (n) to (t). Pub. L. 116–260 added subsecs. (p), (s), and (t), redesignated former subsecs. (o), (p), (s), and (t) as (n), (o), (q), and (r), respectively, and struck out former subsecs. (n) and (r) which associated to information base matching and suspension of eligibility for drug-related offenses, respectively.

2019—Subsec. (q). Pub. L. 116–91 struck out subsec. (q) which approved the Secretary of the Treasury to acquire sure info from the Internal Revenue Service concerning candidates’ tax returns and to require consent from such candidates as a situation of receiving help. See part 1098h of this title.

2015—Subsec. (d)(2). Pub. L. 114–113 amended par. (2) typically. Prior to modification, par. (2) contained a distinct definition of “eligible career pathway program”.

2014—Subsec. (d). Pub. L. 113–235 amended subsec. (d) typically. Prior to modification, textual content learn as follows: “In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this subchapter, the student shall have completed a secondary school education in a home school setting that is treated as a home school or private school under State law.”

2011—Subsec. (d). Pub. L. 112–74 struck out “meet one of the following standards:” after “the student shall”, substituted “have completed” for “(3) The student has completed”, and struck out pars. (1), (2) and (4), which required students to take an independently administered examination, required a State course of, or required an establishment of upper training, respectively, to find out skill of students to profit from training or coaching.

2009—Subsec. (a)(4). Pub. L. 111–39, § 407(b)(4)(A), substituted “certification,” for “certification,,” in introductory provisions.

Subsec. (b)(1)(B). Pub. L. 111–39, § 407(b)(4)(B), substituted “have (i)” for “have (A)” and “and (ii)” for “and (B)”.

Subsec. (f)(1). Pub. L. 111–39, § 407(b)(4)(C), amended references in unique which seem in textual content as references to half B, half D, or half E, leading to textual content equivalent to that after execution of Pub. L. 103–208, § 2(h)(18). See 1993 Amendment be aware for subsec. (g) beneath.

Subsec. (h)(2), (3). Pub. L. 111–39, § 407(b)(4)(D), substituted “(g)(4)(A)(i)” for “(h)(4)(A)(i)” in par. (2) and “(g)(4)(B)(i)” for “(h)(4)(B)(i)” in par. (3).

Subsec. (n). Pub. L. 111–39, § 407(b)(4)(E), substituted “section 3811(f) of title 50” for “section 1113 of Public Law 97–252”.

2008—Subsec. (a)(4)(B). Pub. L. 110–315, § 485(a)(1)(A), substituted “number;” for “number, except that the provisions of this subparagraph shall not apply to a student from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau;”.

Subsec. (a)(5). Pub. L. 110–315, § 485(a)(1)(B), inserted “or” after “a permanent resident of the United States,” and substituted “citizen or permanent resident;” for “citizen or permanent resident, a citizen of any one of the Freely Associated States;”.

Subsec. (b)(1). Pub. L. 110–315, § 485(a)(2), inserted “, or under section 1078–8 of this title pursuant to an exercise of discretion under section 1087tt of this title” after “1078–3 of this title”.

Subsec. (d)(4). Pub. L. 110–315, § 485(a)(3), added par. (4).

Subsec. (j). Pub. L. 110–315, § 485(a)(4), struck out subsec. (j). Text learn as follows: “Notwithstanding another provision of legislation, a student shall be eligible till September 30, 2004, for help below subparts 1 and three of half A, and half C, if the student is in any other case certified and—

“(1) is a citizen of any one of many Freely Associated States and attends an establishment of upper training in a State or a public or nonprofit non-public establishment of upper training within the Freely Associated States; or

“(2) meets the requirements of subsection (a)(5) of this section and attends a public or nonprofit private institution of higher education in any one of the Freely Associated States.”

Subsec. (l). Pub. L. 110–315, § 485(a)(5), added subsec. (l) and struck out former subsec. (l) which associated to programs supplied via telecommunications.

Subsec. (q). Pub. L. 110–315, § 485(a)(6), added subsec. (q) and struck out former subsec. (q) which associated to verification of earnings information.

Subsec. (r)(2)(B), (C). Pub. L. 110–315, § 485(a)(7), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (s). Pub. L. 110–315, § 485(a)(8), added subsec. (s).

Subsec. (t). Pub. L. 110–315, § 485(a)(9), added subsec. (t).

2006—Subsec. (a)(6). Pub. L. 109–171, § 8021(a), added par. (6).

Subsec. (l)(1)(A). Pub. L. 109–171, § 8020(c)(1), struck out “for a program of study of 1 year or longer” after “recognized certificate” and “unless the total amount of telecommunications and correspondence courses at such institution equals or exceeds 50 percent of the total amount of all courses at the institution” earlier than interval at finish.

Subsec. (l)(1)(B). Pub. L. 109–171, § 8020(c)(2), amended heading and textual content of subpar. (B) typically. Prior to modification, textual content learn as follows: “An establishment of upper training referred to in subparagraph (A) is an establishment of upper training—

“(i) that isn’t an institute or college described in part 2471(4)(C) of this title; and

“(ii) for which at least 50 percent of the programs of study offered by the institution lead to the award of a recognized associate, baccalaureate, or graduate degree.”

Subsec. (l)(1)(B)(i). Pub. L. 109–270, which directed substitution of reference to part 2302(C) of this title for reference to part 2471(4)(C) of this title in cl. (i), couldn’t be executed resulting from common modification of subpar. (B) by Pub. L. 109–171. See above.

Subsec. (q)(1). Pub. L. 109–171, § 8021(b), amended heading and textual content of par. (1) typically. Prior to modification, textual content learn as follows: “The Secretary of Education, in cooperation with the Secretary of the Treasury, is authorized to confirm with the Internal Revenue Service the adjusted gross income, Federal income taxes paid, filing status, and exemptions reported by applicants (including parents) under this subchapter on their Federal income tax returns for the purpose of verifying the information reported by applicants on student financial aid applications.”

Subsec. (r)(1). Pub. L. 109–171, § 8021(c), amended heading and textual content of introductory provisions typically. Prior to modification, textual content of introductory provisions learn as follows: “A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this subchapter during the period beginning on the date of such conviction and ending after the interval specified in the following table:”.

1998—Subsec. (a)(4). Pub. L. 105–244, § 483(a)(1), substituted “the Secretary, as part of the original financial aid application process, a certification,” for “the institution of higher education which the student intends to attend, or is attending (or in the case of a loan or loan guarantee with the lender), a document” in introductory provisions.

Subsec. (a)(5). Pub. L. 105–244, § 483(a)(2), substituted “a citizen of any one of the Freely Associated States” for “or a permanent resident of the Trust Territory of the Pacific Islands, Guam, or the Northern Mariana Islands”.

Subsec. (d). Pub. L. 105–244, § 483(b), struck out “either” after “shall meet” in introductory provisions and added par. (3).

Subsec. (j). Pub. L. 105–244, § 483(c), amended heading and textual content of subsec. (j) typically. Prior to modification, textual content learn as follows: “Notwithstanding another provision of legislation, a student shall be eligible, if in any other case certified, for help below subparts 1, 3, and 6, and division 1 of subpart 2, of half A, and half C, of this subchapter, if the student is in any other case certified and—

“(1) is a citizen of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, and attends an establishment of upper training in a State or a public or nonprofit non-public establishment of upper training within the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau; or

“(2) meets the requirements of subsection (a)(5) of this section and attends a public or nonprofit private institution of higher education in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.”

Subsec. (l)(1). Pub. L. 105–244, § 483(d), amended heading and textual content of par. (1) typically. Prior to modification, textual content learn as follows: “A student enrolled in a course of instruction at an eligible institution of higher education (other than an institution that meets the definition in section 2471(4)(C) of this title) that is offered in whole or in part through telecommunications and leads to a recognized associate, bachelor, or graduate degree conferred by such institution shall not be considered to be enrolled in correspondence courses unless the total amount of telecommunications and correspondence courses at such institution equals or exceeds 50 percent of such courses.”

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Subsec. (q). Pub. L. 105–244, § 483(e), added subsec. (q).

Subsec. (r). Pub. L. 105–244, § 483(f)(1), added subsec. (r).

1996—Subsec. (g)(4)(B)(i). Pub. L. 104–208 amended cl. (i) typically. Prior to modification, cl. (i) learn as follows: “the institution shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents for official verification,”.

1994—Subsec. (j). Pub. L. 103–382 amended heading and textual content of subsec. (j) typically. Prior to modification, textual content learn as follows: “Notwithstanding any other provision of law, a student who meets the requirements of paragraph (a)(5) of this section or who is a resident of the freely associated states, and who attends a public or nonprofit institution of higher education located in any of the freely associated states rather than a State, shall be eligible, if otherwise qualified, for assistance under subpart 1, 2, or 4 of part A or part C of this subchapter.”

1993—Subsec. (a)(4)(B). Pub. L. 103–208, § 2(h)(13), inserted “, except that the provisions of this subparagraph shall not apply to a student from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau” after “number”.

Subsec. (a)(5). Pub. L. 103–208, § 2(h)(14), substituted “able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident” for “in the United States for other than a temporary purpose and able to provide evidence from the Immigration and Naturalization Service of his or her intent to become a permanent resident”.

Subsec. (b)(2)(C). Pub. L. 103–208, § 2(h)(15), added subpar. (C).

Subsec. (b)(3). Pub. L. 103–208, § 2(h)(16), substituted “part B or D of this subchapter” for “part B of this subchapter” in closing provisions.

Subsec. (f). Pub. L. 103–208, § 2(h)(17), (25), redesignated subsec. (g) as (f) and struck out heading and textual content of former subsec. (f). Text learn as follows: “Notwithstanding any other provision of law, the Secretary may not require, or prescribe regulations that require, institutions to verify the accuracy of data used to determine the eligibility for any program under this subchapter for more than 30 percent of the applicants in any award year. In carrying out the provisions of this subsection no eligible institution shall be required to verify more than 30 percent of such applicants in any award year. Nothing in this subsection shall preclude the Secretary from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency.”

Subsec. (g). Pub. L. 103–208, § 2(h)(25), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Pub. L. 103–208, § 2(h)(18), which directed insertion of a comma after “, Part D” wherever showing, was executed by inserting a comma after “, part D” wherever showing, to replicate the possible intent of Congress.

Subsec. (h). Pub. L. 103–208, § 2(h)(25), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).

Pub. L. 103–208, § 2(h)(19), substituted “constitute” for “constitutes” in introductory provisions of par. (4)(B).

Subsec. (i). Pub. L. 103–208, § 2(h)(25), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).

Pub. L. 103–208, § 2(h)(22), struck out par. (4) which learn as follows: “because of a fair hearing process described in subsection (h)(5)(B) of this section.”

Pub. L. 103–208, § 2(h)(21), substituted “(h)(4)(B)(i)” for “(h)(4)(B)(ii)” and “student.” for “student, or” in par. (3).

Pub. L. 103–208, § 2(h)(20), inserted “or” after “documentation,” and substituted “(h)(4)(A)(i)” for “(h)(4)(A)(ii)” in par. (2).

Subsecs. (j) to (m). Pub. L. 103–208, § 2(h)(25), redesignated subsecs. (ok) to (n) as (j) to (m), respectively. Former subsec. (j) redesignated (i).

Subsec. (n). Pub. L. 103–208, § 2(h)(25), redesignated subsec. (o) as (n). Former subsec. (n) redesignated (m).

Pub. L. 103–208, § 2(h)(23), substituted “parts B, C,” for “part B, C,”.

Subsecs. (o), (p). Pub. L. 103–208, § 2(h)(25), redesignated subsecs. (p) and (q) as (o) and (p), respectively. Former subsec. (o) redesignated (n).

Subsec. (q). Pub. L. 103–208, § 2(h)(25), redesignated subsec. (q) as (p).

Pub. L. 103–208, § 2(h)(24), substituted “documented evidence of a social security number that is determined by the institution to be correct” for “a correct social security number” in par. (2).

1992—Subsec. (a)(1). Pub. L. 102–325, § 484(a)(1), inserted “(including a program of study abroad approved for credit by the eligible institution at which such student is enrolled)” after “or other program”.

Subsec. (a)(4). Pub. L. 102–325, § 484(a)(2), added par. (4) and struck out former par. (4) which learn as follows: “file with the institution of higher education which the student intends to attend, or is attending (or in the case of a loan or loan guarantee with the lender), a statement of educational purpose (which need not be notarized but which shall include such student’s social security number or, if the student does not have a social security number, such student’s student identification number) stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attendance at such institution; and”.

Subsec. (b)(4). Pub. L. 102–325, § 484(b)(1)(A), substituted “part B, D, or E or work-study assistance under part C” for “part B” in concluding provisions.

Subsec. (b)(5). Pub. L. 102–325, § 484(b)(1)(B), added par. (5).

Subsec. (d). Pub. L. 102–325, § 484(c), amended subsec. (d) typically. Prior to modification, subsec. (d) learn as follows: “In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 2, and 3 of part A and parts B, C, D, and E of this subchapter, the student shall pass an independently administered examination approved by the Secretary.”

Subsec. (f). Pub. L. 102–325, § 484(d), inserted at finish “Nothing in this subsection shall preclude the Secretary from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency.”

Subsec. (g). Pub. L. 102–325, § 484(e), designated present provisions as par. (1), inserted “, part D” after “part B” in two locations and “fraudulently” earlier than “borrowed” in two locations, and added par. (2).

Subsec. (h). Pub. L. 102–325, § 484(f), amended subsec. (h) typically. Prior to modification, subsec. (h) contained pars. (1) to (6) regarding necessities for verification of student immigration standing.

Subsec. (ok). Pub. L. 102–325, § 484(h), made technical modification to listing language of Pub. L. 102–73, § 801(a). See 1991 Amendment be aware beneath.

Subsecs. (l) to (q). Pub. L. 102–325, § 484(g), added subsecs. (l) to (q).

1991—Subsec. (a)(1). Pub. L. 102–26, § 2(c)(2), inserted earlier than semicolon at finish “, and not be enrolled in an elementary or secondary school”.

Subsec. (d). Pub. L. 102–26, § 2(d)(2)(A), repealed Pub. L. 101–508, § 3005(a). See 1990 Amendment be aware beneath.

Pub. L. 102–26, § 2(b), amended subsec. (d) typically. Prior to modification, subsec. (d) learn as follows: “A student who’s admitted on the premise of the flexibility to profit from the training or coaching with a purpose to stay eligible for any grant, loan, or work help below this subchapter shall—

“(1) obtain the overall training diploma previous to the student’s certification or commencement from this system of research, or by the top of the primary yr of the course of research, whichever is earlier;

“(2) be recommended previous to admission and be enrolled in and efficiently full the institutionally prescribed program of remedial or developmental training to not exceed one educational yr or its equal; or

“(3)(A) be administered a nationally acknowledged, standardized, or trade developed check, topic to standards developed by the suitable accrediting affiliation, measuring the applicant’s aptitude to finish efficiently this system to which the applicant has utilized; and

“(B) with respect to candidates who’re unable to fulfill the establishments’ admissions testing necessities laid out in subparagraph (A), be enrolled in and efficiently full an institutionally prescribed program or course of remedial or developmental training to not exceed one educational yr or its equal.

In order to be eligible for help a student can’t be enrolled in both an elementary or a secondary college.”

Subsec. (ok). Pub. L. 102–73, as amended by Pub. L. 102–325, § 484(h), added subsec. (ok).

1990—Subsec. (d). Pub. L. 101–508, which amended subsec. (d) typically to learn: “In order for a student who is admitted on the basis of ability to benefit from the education or training offered to be eligible for any grant, loan, or work assistance under this subchapter, the student shall, prior to enrollment, pass an independently administered examination approved by the Secretary.”, was repealed by Pub. L. 102–26, § 2(d)(2)(A). See Construction of 1991 Amendment be aware beneath.

1988—Subsec. (a)(1). Pub. L. 100–369, § 6(1), substituted “subsections (b)(3) and (b)(4)” for “subsection (b)(2)”.

Subsec. (b)(1). Pub. L. 100–369, § 1(1), substituted “section 1078–2 or 1078–3” for “section 1078–1, 1078–2, or 1078–3”.

Subsec. (b)(1)(A). Pub. L. 100–369, § 1(2), added subpar. (A) and struck out former subpar. (A) which learn as follows: “have received a determination of eligibility or ineligibility for a grant under such subpart 1 for such period of enrollment; or”.

Subsec. (b)(2), (3). Pub. L. 100–369, § 2, added par. (2) and redesignated former par. (2) as (3).

Subsec. (b)(4). Pub. L. 100–369, § 6(2), added par. (4).

Subsecs. (c) to (e), (h) to (j). Pub. L. 100–525 redesignated subsecs. (c) to (e) enacted by Pub. L. 99–603 as (h) to (j), respectively, and inserted headings, substituted references to subsec. (h) for references to subsec. (c) wherever showing, and in closing provisions of subsec. (j) substituted “date” for “date of”.

1987—Subsec. (a)(1). Pub. L. 100–50, § 15(7)(A), inserted “, except as provided in subsection (b)(2)” earlier than semicolon at finish.

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Subsec. (b). Pub. L. 100–50, § 15(7)(B)–(D), designated present provision as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).

Subsec. (d). Pub. L. 100–50, § 15(8), added pars. (2) and (3) and final sentence regarding ineligibility for help if a student is enrolled in both an elementary or a secondary college, and struck out former par. (2) which learn as follows:

“(A) be recommended previous to admissions or be administered a nationally acknowledged standardized or trade developed check, topic to standards developed by the suitable accrediting affiliation, measuring the applicant’s aptitude to finish efficiently this system to which he has utilized; and

“(B) with respect to applicants who are unable to satisfy the institution’s admissions testing requirements specified in subparagraph (A), be enrolled in an institutionally prescribed program or course of remedial or developmental education, not to exceed one academic year or its equivalent.”

Subsec. (f). Pub. L. 100–50, § 15(9), inserted at finish “In carrying out provisions of this subsection no eligible institution shall be required to verify more than 30 percent of such applications in any award year.”

1986—Subsec. (c). Pub. L. 99–603 added subsec. (c) requiring immigration standing verification.

Subsec. (d). Pub. L. 99–603 added subsec. (d) limiting enforcement actions in opposition to establishments.

Subsec. (e). Pub. L. 99–603 added subsec. (e) regarding validity of loan ensures for loan funds made earlier than completion of immigration standing verification.

Effective Date of 2020 Amendment

Amendment by Pub. L. 116–260 efficient July 1, 2023, besides as in any other case expressly supplied, and relevant with respect to award yr 2023–2024 and every subsequent award yr, as decided below this chapter, see part 701(b) of Pub. L. 116–260, set out as a be aware below part 1001 of this title.

Amendment by Pub. L. 116–260 could also be applied by Secretary of Education earlier than (however not later than) July 1, 2023, however sure provisions, with such date of implementation required to be printed within the Federal Register, see part 702(n)(2) of Pub. L. 116–260, set out as a be aware below part 1078–2 of this title.

Effective Date of 2014 Amendment

Pub. L. 113–235, div. G, title III, § 309(a)(2), Dec. 16, 2014, 128 Stat. 2506, supplied that:

“The amendment made by paragraph (1) [amending this section] shall take effect as if such amendment was enacted on June 30, 2014, and shall apply to students who are enrolled or who first enroll in an eligible program of study on or after July 1, 2014.”
Effective Date of 2011 Amendment

Pub. L. 112–74, div. F, title III, § 309(c)(2), Dec. 23, 2011, 125 Stat. 1100, supplied that:

“The amendment made by paragraph (1) [amending this section] shall apply to students who first enroll in a program of study on or after July 1, 2012.”

Amendment by Pub. L. 112–74 efficient July 1, 2012, see part 309(g) of Pub. L. 112–74, set out as a be aware below part 1001 of this title.

Effective Date of 2008 Amendment

Pub. L. 110–315, title IV, § 485(b), Aug. 14, 2008, 122 Stat. 3290, supplied that:

“The amendments made by subsection (a) [amending this section] shall take effect on July 1, 2010, except that the amendments made by paragraphs (3), (4), and (8) of such subsection shall take effect on the date of enactment of this Act [August 14, 2008].”

Effective Date of 1998 Amendment

Amendment by part 483(a)–(e) of Pub. L. 105–244 efficient Oct. 1, 1998, besides as in any other case supplied in Pub. L. 105–244, see part 3 of Pub. L. 105–244, set out as a be aware below part 1001 of this title.

Pub. L. 105–244, title IV, § 483(f)(2), Oct. 7, 1998, 112 Stat. 1737, supplied that:

“The amendment made by paragraph (1) [amending this section], regarding suspension of eligibility for drug-related offenses, shall apply with respect to financial assistance to cover the costs of attendance for periods of enrollment beginning after the date of enactment of this Act [Oct. 7, 1998].”

Effective Date of 1992 Amendment

Amendment by part 484(a), (b)(1)(B), and (c) to (h) of Pub. L. 102–325 efficient July 23, 1992, besides that subsec. (m)(1) of this part, regarding proportion of programs permitted to be correspondence programs, as added by such modification, efficient on and after Oct. 1, 1992, see part 498 of Pub. L. 102–325, set out as a be aware below part 1088 of this title, and subsec. (n) of this part, regarding eligibility of students with first baccalaureate or skilled diploma for help, as added by such modification, efficient on and after Dec. 1, 1987, see part 484(i) of Pub. L. 102–325, set out beneath.

Pub. L. 102–325, title IV, § 484(b)(2), July 23, 1992, 106 Stat. 615, supplied that:

“The amendments made by paragraph (1)(A) of this subsection [amending this section] shall be effective on and after December 1, 1987.”

Section 484(i) of Pub. L. 102–325, as added by Pub. L. 103–208, § 2(ok)(8), Dec. 20, 1993, 107 Stat. 2486, supplied that:

“The amendments made by subsection (g) [section 484(g) of Pub. L. 102–325] with respect to the addition of subsection (n) [adding subsec. (n) of this section] shall be effective on and after December 1, 1987.”
Effective Date of 1988 Amendments

Amendment by Pub. L. 100–525 efficient as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see part 2(s) of Pub. L. 100–525, set out as a be aware below part 1101 of Title 8, Aliens and Nationality.

Pub. L. 100–369, § 13, July 18, 1988, 102 Stat. 838, supplied that:

“(a) General Rule.—

Except as in any other case supplied, the amendments made by this Act to title IV of the Higher Education Act of 1965 [amending this section and section 1078–1 of this title] shall be efficient for any loan for which the eligibility of the borrower is licensed by the establishment 30 days after the date of enactment of this Act [July 18, 1988].
“(b) Special Rules.—

(1)

The amendments made by part 5 [amending this section and sections 1077 and 1078 of this title] shall be efficient with respect to loans made on or after October 1, 1988.
“(2)

The amendments made by sections 6, 7, 8, 9, 10, 11, and 12 [amending this section, sections 1058, 1061, 1062, 1070a–1, 1070a–3, 1070a–4, 1070a–6, 1071, 1077, 1078, 1087–2, 1087dd, 1087ee, 1087nn, 1087ss, 1087vv, 1132d–1, 1132g–1, and 1134m of this title, and section 1905 of Title 48, Territories and Insular Possessions] shall take impact on the date of enactment of this Act [July 18, 1988].”
Effective Date

Section efficient Oct. 17, 1986, besides as in any other case supplied, see part 2 of Pub. L. 99–498, set out as a be aware below part 1001 of this title.

Pub. L. 99–498, title IV, § 407(b), Oct. 17, 1986, 100 Stat. 1494, supplied that:

“(1)

Sections 483(e) and 484(d) of the Act [20 U.S.C. 1090(e), 1091(d)] as amended by this part shall apply to student help awarded for durations of enrollment starting on or after July 1, 1987.
“(2)

The modifications made in part 484(a)(1) of the Act [20 U.S.C. 1091(a)(1)] shall apply to student help awarded for durations of enrollment starting on or after July 1, 1987.
“(3)

Section 484(c) of the Act [20 U.S.C. 1091(c)] as amended by this part shall apply solely to student help awarded for durations of enrollment starting on or after July 1, 1987, to people who weren’t awarded such help for any previous interval of enrollment.
“(4)

Sections 484(f), 485(b), and 487(a)(10) of the Act [20 U.S.C. 1091(f), 1092(b), 1094(a)(10)] as amended by this part shall apply solely to durations of enrollment starting on or after July 1, 1987.”
Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, switch of features, and therapy of associated references, see be aware set out below part 1551 of Title 8, Aliens and Nationality.

Satisfactory Progress

Pub. L. 99–498, title XIII, § 1301, Oct. 17, 1986, 100 Stat. 1579, as amended by Pub. L. 100–50, § 23(1), June 3, 1987, 101 Stat. 362, directed Secretary, via the Office of Educational Research and Improvement, to conduct survey over 5-year interval ending Sept. 30, 1991, on impression on grades of students of amendments made by Pub. L. 99–498 to subsec. (c) of this part and to submit annual studies to Congress of survey, previous to repeal by Pub. L. 105–332, § 6(a), Oct. 31, 1998, 112 Stat. 3127.

Denial of Student Assistance to Certain Noncitizens

Pub. L. 99–498, title XIII, § 1361, Oct. 17, 1986, 100 Stat. 1588, established in Department of Education the Alien Youth Education Opportunity Panel and supplied for Panel’s composition, duties, studies, administrative and clerical help, compensation and bills, and entry to info, previous to repeal by Pub. L. 105–332, § 6(a), Oct. 31, 1998, 112 Stat. 3127.

Financial Aid to Students Not Deemed Income or Resources for Purposes of Certain Social Security Act Programs

Pub. L. 90–575, title V, § 507, Oct. 16, 1968, 82 Stat. 1063, as amended by Pub. L. 96–88, title III, § 301(a)(1), Oct. 17, 1979, 93 Stat. 677, supplied that:

“For the purpose of any program assisted under title I, IV, X, XIV, XVI, or XIX of the Social Security Act [subchapters I, IV, X, XIV, XVI, or XIX of chapter 7 of Title 42, The Public Health and Welfare], no grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the Secretary of Education shall be considered to be income or resources.”