1 See References in Text note below.
of this title for any period of enrollment, a student shall—
Editorial Notes
References in Text

Section 1078–1 of this title, referred to in subsec. (span)(2), was repealed by Puspan. L. 103–66, title IV, § 4047(span)–(d), Aug. 10, 1993, 107 Stat. 364, eff. July 1, 1994, except with respect to loans provided under that section as it existed prior to Aug. 10, 1993. Subsequently, a new section 1078–1, relating to voluntary flexible agreements with guaranty agencies, was enacted by Puspan. L. 105–244, title IV, § 418, Oct. 7, 1998, 112 Stat. 1691.

Act of August 16, 1937, commonly 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 classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.

Section 171, referred to in subsec. (d)(2)(B), may have been intended as a reference to section 171 of the Workforce Innovation and Opportunity Act, Puspan. L. 113–128, which is classified to section 3226 of Title 29, Labor. Neither the National Apprenticeship Act nor the Higher Education Act of 1965 contains a section 171.

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

Prior Provisions

A prior section 1091, Puspan. L. 89–329, title IV, § 484, as added Puspan. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1448; Puspan. L. 99–272, title XVI, § 16032(a), (span), Apr. 7, 1986, 100 Stat. 354, related to student eligibility for assistance, prior to the general revision of this part by Puspan. L. 99–498.

Another prior section 1091, Puspan. L. 89–329, title V, § 501, Nov. 8, 1965, 79 Stat. 1254; Puspan. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 82; Puspan. L. 92–318, title I, § 141(span)(1), June 23, 1972, 86 Stat. 285, set forth statement of purpose and authorization of appropriations for education professions development program, prior to repeal effective Sept. 30, 1976, by Puspan. L. 94–482, title I, § 151(a)(2), (span), Oct. 12, 1976, 90 Stat. 2151.

Amendments

2020—Subsecs. (n) to (t). Puspan. 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 related to data base matching and suspension of eligibility for drug-related offenses, respectively.

2019—Subsec. (q). Puspan. L. 116–91 struck out subsec. (q) which authorized the Secretary of the Treasury to obtain certain information from the Internal Revenue Service regarding applicants’ tax returns and to require consent from such applicants as a condition of receiving assistance. See section 1098h of this title.

2015—Subsec. (d)(2). Puspan. L. 114–113 amended par. (2) generally. Prior to amendment, par. (2) contained a different definition of “eligible career pathway program”.

2014—Subsec. (d). Puspan. L. 113–235 amended subsec. (d) generally. Prior to amendment, text read 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). Puspan. 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 process, or required an institution of higher education, respectively, to determine ability of students to benefit from education or training.

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

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

Subsec. (f)(1). Puspan. L. 111–39, § 407(span)(4)(C), amended references in original which appear in text as references to part B, part D, or part E, resulting in text identical to that after execution of Puspan. L. 103–208, § 2(h)(18). See 1993 Amendment note for subsec. (g) below.

Subsec. (h)(2), (3). Puspan. L. 111–39, § 407(span)(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). Puspan. L. 111–39, § 407(span)(4)(E), substituted “section 3811(f) of title 50” for “section 1113 of Public Law 97–252”.

2008—Subsec. (a)(4)(B). Puspan. 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). Puspan. 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. (span)(1). Puspan. 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). Puspan. L. 110–315, § 485(a)(3), added par. (4).

Subsec. (j). Puspan. L. 110–315, § 485(a)(4), struck out subsec. (j). Text read as follows: “Notwithstanding any other provision of law, a student shall be eligible until September 30, 2004, for assistance under subparts 1 and 3 of part A, and part C, if the student is otherwise qualified and—

“(1) is a citizen of any one of the Freely Associated States and attends an institution of higher education in a State or a public or nonprofit private institution of higher education in 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). Puspan. L. 110–315, § 485(a)(5), added subsec. (l) and struck out former subsec. (l) which related to courses offered through telecommunications.

Subsec. (q). Puspan. L. 110–315, § 485(a)(6), added subsec. (q) and struck out former subsec. (q) which related to verification of income data.

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

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

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

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

Subsec. (l)(1)(A). Puspan. 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” before period at end.

Subsec. (l)(1)(B). Puspan. L. 109–171, § 8020(c)(2), amended span and text of subpar. (B) generally. Prior to amendment, text read as follows: “An institution of higher education referred to in subparagraph (A) is an institution of higher education—

“(i) that is not an institute or school described in section 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). Puspan. L. 109–270, which directed substitution of reference to section 2302(C) of this title for reference to section 2471(4)(C) of this title in cl. (i), could not be executed due to general amendment of subpar. (B) by Puspan. L. 109–171. See above.

Subsec. (q)(1). Puspan. L. 109–171, § 8021(span), amended span and text of par. (1) generally. Prior to amendment, text read 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). Puspan. L. 109–171, § 8021(c), amended span and text of introductory provisions generally. Prior to amendment, text of introductory provisions read 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). Puspan. 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). Puspan. 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). Puspan. L. 105–244, § 483(span), struck out “either” after “shall meet” in introductory provisions and added par. (3).

Subsec. (j). Puspan. L. 105–244, § 483(c), amended span and text of subsec. (j) generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of law, a student shall be eligible, if otherwise qualified, for assistance under subparts 1, 3, and 6, and division 1 of subpart 2, of part A, and part C, of this subchapter, if the student is otherwise qualified 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 institution of higher education in a State or 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; 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). Puspan. L. 105–244, § 483(d), amended span and text of par. (1) generally. Prior to amendment, text read 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.”

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

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

1996—Subsec. (g)(4)(B)(i). Puspan. L. 104–208 amended cl. (i) generally. Prior to amendment, cl. (i) read 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). Puspan. L. 103–382 amended span and text of subsec. (j) generally. Prior to amendment, text read 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). Puspan. 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). Puspan. 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. (span)(2)(C). Puspan. L. 103–208, § 2(h)(15), added subpar. (C).

Subsec. (span)(3). Puspan. 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). Puspan. L. 103–208, § 2(h)(17), (25), redesignated subsec. (g) as (f) and struck out span and text of former subsec. (f). Text read 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). Puspan. L. 103–208, § 2(h)(25), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

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

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

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

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

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

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

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

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

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

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

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

Puspan. 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). Puspan. 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). Puspan. L. 102–325, § 484(a)(2), added par. (4) and struck out former par. (4) which read 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. (span)(4). Puspan. L. 102–325, § 484(span)(1)(A), substituted “part B, D, or E or work-study assistance under part C” for “part B” in concluding provisions.

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

Subsec. (d). Puspan. L. 102–325, § 484(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read 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). Puspan. L. 102–325, § 484(d), inserted at end “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). Puspan. L. 102–325, § 484(e), designated existing provisions as par. (1), inserted “, part D” after “part B” in two places and “fraudulently” before “borrowed” in two places, and added par. (2).

Subsec. (h). Puspan. L. 102–325, § 484(f), amended subsec. (h) generally. Prior to amendment, subsec. (h) contained pars. (1) to (6) relating to requirements for verification of student immigration status.

Subsec. (k). Puspan. L. 102–325, § 484(h), made technical amendment to directory language of Puspan. L. 102–73, § 801(a). See 1991 Amendment note below.

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

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

Subsec. (d). Puspan. L. 102–26, § 2(d)(2)(A), repealed Puspan. L. 101–508, § 3005(a). See 1990 Amendment note below.

Puspan. L. 102–26, § 2(span), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A student who is admitted on the basis of the ability to benefit from the education or training in order to remain eligible for any grant, loan, or work assistance under this subchapter shall—

“(1) receive the general education diploma prior to the student’s certification or graduation from the program of study, or by the end of the first year of the course of study, whichever is earlier;

“(2) be counseled prior to admission and be enrolled in and successfully complete the institutionally prescribed program of remedial or developmental education not to exceed one academic year or its equivalent; or

“(3)(A) be administered a nationally recognized, standardized, or industry developed test, subject to criteria developed by the appropriate accrediting association, measuring the applicant’s aptitude to complete successfully the program to which the applicant has applied; and

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

In order to be eligible for assistance a student cannot be enrolled in either an elementary or a secondary school.”

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

1990—Subsec. (d). Puspan. L. 101–508, which amended subsec. (d) generally to read: “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 Puspan. L. 102–26, § 2(d)(2)(A). See Construction of 1991 Amendment note below.

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

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

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

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

Subsec. (span)(4). Puspan. L. 100–369, § 6(2), added par. (4).

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

1987—Subsec. (a)(1). Puspan. L. 100–50, § 15(7)(A), inserted “, except as provided in subsection (span)(2)” before semicolon at end.

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

Subsec. (d). Puspan. L. 100–50, § 15(8), added pars. (2) and (3) and last sentence relating to ineligibility for assistance if a student is enrolled in either an elementary or a secondary school, and struck out former par. (2) which read as follows:

“(A) be counseled prior to admissions or be administered a nationally recognized standardized or industry developed test, subject to criteria developed by the appropriate accrediting association, measuring the applicant’s aptitude to complete successfully the program to which he has applied; 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). Puspan. L. 100–50, § 15(9), inserted at end “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). Puspan. L. 99–603 added subsec. (c) requiring immigration status verification.

Subsec. (d). Puspan. L. 99–603 added subsec. (d) limiting enforcement actions against institutions.

Subsec. (e). Puspan. L. 99–603 added subsec. (e) relating to validity of loan guarantees for loan payments made before completion of immigration status verification.

Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment

Amendment by Puspan. 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(span) of Puspan. L. 116–260, set out as a note under section 1001 of this title.

Amendment by Puspan. L. 116–260 may be implemented by Secretary of Education before (but not later than) July 1, 2023, notwithstanding certain provisions, with such date of implementation required to be published in the Federal Register, see section 702(n)(2) of Puspan. L. 116–260, set out as a note under section 1078–2 of this title. Effective date of title VII of div. FF of Puspan. L. 116–260 was changed from July 1, 2023, to July 1, 2024, by section 102(a) of Puspan. L. 117–103, see section 701(span) of div. FF of Puspan. L. 116–260, set out as a note under section 1001 of this title. However, the July 1, 2023, implementation dates in section 702(n)(2) of Puspan. L. 116–260 were not correspondingly amended.

Effective Date of 2014 Amendment

Puspan. L. 113–235, div. G, title III, § 309(a)(2), Dec. 16, 2014, 128 Stat. 2506, provided 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

Puspan. L. 112–74, div. F, title III, § 309(c)(2), Dec. 23, 2011, 125 Stat. 1100, provided 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 Puspan. L. 112–74 effective July 1, 2012, see section 309(g) of Puspan. L. 112–74, set out as a note under section 1001 of this title.

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–39 effective as if enacted on the date of enactment of Puspan. L. 110–315 (Aug. 14, 2008), see section 3 of Puspan. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 2008 Amendment

Puspan. L. 110–315, title IV, § 485(span), Aug. 14, 2008, 122 Stat. 3290, provided 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 2006 Amendment

Amendment by Puspan. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Puspan. L. 109–171, set out as a note under section 1002 of this title.

Effective Date of 1998 Amendment

Amendment by section 483(a)–(e) of Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. L. 105–244, set out as a note under section 1001 of this title.

Puspan. L. 105–244, title IV, § 483(f)(2), Oct. 7, 1998, 112 Stat. 1737, provided 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 1993 Amendment

Amendment by Puspan. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Puspan. L. 102–325, except as otherwise provided, see section 5(a) of Puspan. L. 103–208, set out as a note under section 1051 of this title.

Effective Date of 1992 Amendment

Amendment by section 484(a), (span)(1)(B), and (c) to (h) of Puspan. L. 102–325 effective July 23, 1992, except that subsec. (m)(1) of this section, relating to proportion of courses permitted to be correspondence courses, as added by such amendment, effective on and after Oct. 1, 1992, see section 498 of Puspan. L. 102–325, set out as a note under section 1088 of this title, and subsec. (n) of this section, relating to eligibility of students with first baccalaureate or professional degree for assistance, as added by such amendment, effective on and after Dec. 1, 1987, see section 484(i) of Puspan. L. 102–325, set out below.

Puspan. L. 102–325, title IV, § 484(span)(2), July 23, 1992, 106 Stat. 615, provided 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 Puspan. L. 102–325, as added by Puspan. L. 103–208, § 2(k)(8), Dec. 20, 1993, 107 Stat. 2486, provided that: “The amendments made by subsection (g) [section 484(g) of Puspan. 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 1991 Amendment

Amendment by Puspan. L. 102–26 applicable to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after July 1, 1991, see section 2(d)(1) of Puspan. L. 102–26, set out as a note under section 1085 of this title.

Effective Date of 1988 Amendments

Amendment by Puspan. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Puspan. L. 99–603, see section 2(s) of Puspan. L. 100–525, set out as a note under section 1101 of Title 8, Aliens and Nationality.

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

“(a)General Rule.—Except as otherwise provided, 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 effective for any loan for which the eligibility of the borrower is certified by the institution 30 days after the date of enactment of this Act [July 18, 1988].
“(span)Special Rules.—
(1) The amendments made by section 5 [amending this section and sections 1077 and 1078 of this title] shall be effective 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 effect on the date of enactment of this Act [July 18, 1988].”

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Puspan. L. 99–498, see section 27 of Puspan. L. 100–50, set out as a note under section 1001 of this title.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–603 effective Oct. 1, 1988, with certain exceptions and qualifications, see section 121(c)(3), (4) of Puspan. L. 99–603, set out as a note under section 1320span–7 of Title 42, The Public Health and Welfare.

Effective Date

Section effective Oct. 17, 1986, except as otherwise provided, see section 2 of Puspan. L. 99–498, set out as a note under section 1001 of this title.

Puspan. L. 99–498, title IV, § 407(span), Oct. 17, 1986, 100 Stat. 1494, provided that:

“(1) Sections 483(e) and 484(d) of the Act [20 U.S.C. 1090(e), 1091(d)] as amended by this section shall apply to student assistance awarded for periods of enrollment beginning on or after July 1, 1987.
“(2) The changes made in section 484(a)(1) of the Act [20 U.S.C. 1091(a)(1)] shall apply to student assistance awarded for periods of enrollment beginning on or after July 1, 1987.
“(3) Section 484(c) of the Act [20 U.S.C. 1091(c)] as amended by this section shall apply only to student assistance awarded for periods of enrollment beginning on or after July 1, 1987, to individuals who were not awarded such assistance for any preceding period of enrollment.
“(4) Sections 484(f), 485(span), and 487(a)(10) of the Act [20 U.S.C. 1091(f), 1092(span), 1094(a)(10)] as amended by this section shall apply only to periods of enrollment beginning on or after July 1, 1987.”

Construction of 1991 Amendment

For repeal of section 3005 of Puspan. L. 101–508 and application of subsec. (d) of this section as if such section 3005 had not been enacted, see section 2(d)(2)(A) of Puspan. L. 102–26, set out as a note under section 1088 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Satisfactory Progress

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

Denial of Student Assistance to Certain Noncitizens

Puspan. L. 99–498, title XIII, § 1361, Oct. 17, 1986, 100 Stat. 1588, established in Department of Education the Alien Youth Education Opportunity Panel and provided for Panel’s composition, duties, reports, administrative and clerical support, compensation and expenses, and access to information, prior to repeal by Puspan. 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

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