The Higher Education Amendments of 1992, referred to in subsec. (j), is Puspan. L. 102–325, July 23, 1992, 106 Stat. 448. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 1001 of this title and Tables.

A prior section 1094, Puspan. L. 89–329, title IV, § 487, as added Puspan. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1451; amended Puspan. L. 99–272, title XVI, § 16034, Apr. 7, 1986, 100 Stat. 356, related to program participation agreements, prior to the general revision of this part by Puspan. L. 99–498.

2021—Subsec. (a)(24). Puspan. L. 117–2, § 2013(a), substituted “Federal funds that are disbursed or delivered to or on behalf of a student to be used to attend such institution (referred to in this paragraph and subsection (d) as ‘Federal education assistance funds’)” for “funds provided under this subchapter”.

Subsec. (d). Puspan. L. 117–2, § 2013(span)(1), substituted “non-Federal” for “non-subchapter IV” in heading.

Subsec. (d)(1)(C). Puspan. L. 117–2, § 2013(span)(2), substituted “Federal education assistance funds” for “funds for a program under this subchapter” in introductory provisions.

2009—Subsec. (a)(23)(A). Puspan. L. 111–39, § 407(span)(8)(A), made technical amendment to reference in original act which appears in text as reference to section 20503(span) of title 52.

Subsec. (c)(1)(A)(i), (F), (H). Puspan. L. 111–39, § 407(span)(8)(B), substituted “students receive” for “students receives” in subpar. (A)(i) and “paragraph (3)(B)” for “paragraph (2)(B)” in subpars. (F) and (H).

Subsec. (f)(1). Puspan. L. 111–39, § 407(span)(8)(C), substituted “1099span(c)(3)” for “1099span(c)(4)”.

Subsec. (g)(1). Puspan. L. 111–39, § 407(span)(8)(D), substituted “subsection (e)(2)” for “subsection (f)(2)”.

2008—Subsec. (a)(23)(C), (D). Puspan. L. 110–315, § 493(a)(1)(A)(i), realigned margins of subpar. (C) and added subpar. (D).

Subsec. (a)(24) to (29). Puspan. L. 110–315, § 493(a)(1)(A)(ii), added pars. (24) to (29).

Subsec. (c)(1)(A)(i). Puspan. L. 110–315, § 493(span), inserted before semicolon at end “, except that the Secretary may modify the requirements of this clause with respect to institutions of higher education that are foreign institutions, and may waive such requirements with respect to a foreign institution whose students receives less than $500,000 in loans under this subchapter during the award year preceding the audit period”.

Subsecs. (d) to (h). Puspan. L. 110–315, § 493(c)(2), added subsecs. (d) to (h). Former subsecs. (d) and (e) were redesignated (i) and (j), respectively.

Subsec. (i). Puspan. L. 110–315, § 493(c)(1), (d), redesignated subsec. (d) as (i), substituted “Definitions” for “Definition of eligible institution” in heading, added pars. (1) to (3), inserted par. (4) designation and heading before definition of “eligible institution”, and added pars. (5) and (6).

Subsec. (j). Puspan. L. 110–315, § 493(c)(1), redesignated subsec. (e) as (j).

1999—Subsec. (a)(23)(C). Puspan. L. 106–113 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “This paragraph shall apply to elections as defined in section 431(1) of title 2, and includes the election for Governor or other chief executive within such State).”

1998—Subsec. (a)(3)(B) to (D). Puspan. L. 105–244, § 489(a)(1), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “the appropriate State review entity designated under subpart 1 of part H;”.

Subsec. (a)(4). Puspan. L. 105–244, § 489(a)(2), substituted “subsection (c)” for “subsection (span)”.

Subsec. (a)(9). Puspan. L. 105–244, § 489(a)(3), substituted “part B or D” for “part B”.

Subsec. (a)(14)(A), (B). Puspan. L. 105–244, § 489(a)(4)(A), (B), substituted “part B or D” for “part B”.

Subsec. (a)(14)(C). Puspan. L. 105–244, § 489(a)(4)(C), added subpar. (C).

Subsec. (a)(15). Puspan. L. 105–244, § 489(a)(5), substituted “the State agencies” for “State review entities”.

Subsec. (a)(18). Puspan. L. 105–244, § 489(a)(6), amended par. (18) generally. Prior to amendment, par. (18) required institutions to cause an annual compilation to be prepared of revenues and expenses relating to men’s and women’s sports.

Subsec. (a)(21). Puspan. L. 105–244, § 489(a)(7), amended par. (21) generally. Prior to amendment, par. (21) read as follows: “The institution will meet the requirements established by the Secretary, State postsecondary review entities, and accrediting agencies pursuant to part H of this subchapter.”

Subsec. (a)(23). Puspan. L. 105–244, § 489(span)(1), added par. (23).

Subsec. (c)(1)(A)(i). Puspan. L. 105–244, § 489(c)(1)(A), substituted “clauses (ii) and (iii)” for “clause (ii)” and “appropriate State agency notifying the Secretary under” for “State review entities referred to in” and struck out “or” after semicolon.

Subsec. (c)(1)(A)(iii). Puspan. L. 105–244, § 489(c)(1)(B), (C), added cl. (iii).

Subsec. (c)(4). Puspan. L. 105–244, § 489(c)(2), struck out “, after consultation with each State review entity designated under subpart 1 of part H of this subchapter,” after “shall publish”.

Subsec. (c)(5). Puspan. L. 105–244, § 489(c)(3), substituted “State agencies notifying the Secretary” for “State review entities designated”.

Subsec. (d). Puspan. L. 105–244, § 102(span)(4), substituted “section 1002” for “section 1088”.

1993—Subsec. (a)(2). Puspan. L. 103–208, § 2(h)(42), struck out “, or for completing or handling the Federal Student Assistance Report” after “amount of such assistance”.

Subsec. (c)(1)(F). Puspan. L. 103–208, § 2(h)(43), substituted “participation in any program under this subchapter of an eligible institution,” for “eligibility for any program under this subchapter of any otherwise eligible institution,”.

1992—Subsec. (a). Puspan. L. 102–325, § 490(f)(1), substituted “subpart 4” for “subpart 3”.

Subsec. (a)(2). Puspan. L. 102–325, § 490(f)(2), struck out “provided for in section 1090(e) of this title” after “Report”.

Subsec. (a)(3). Puspan. L. 102–325, § 490(a)(1), inserted before period at end “, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to—” and added subpars. (A) to (D).

Subsec. (a)(8). Puspan. L. 102–325, § 490(a)(2), substituted “application (A)” for “application,” inserted “, and” after “advertisements”, and added subpar. (B).

Subsec. (a)(13) to (22). Puspan. L. 102–325, § 490(a)(3), added pars. (13) to (22).

Subsec. (span)(2). Puspan. L. 102–325, § 490(span)(1), struck out “on the record” after “for a hearing”.

Subsec. (c)(1). Puspan. L. 102–325, § 490(span)(2)(A), substituted “shall” for “is authorized to” in introductory provisions.

Subsec. (c)(1)(A)(i). Puspan. L. 102–325, § 490(c), substituted “a financial audit of an eligible institution with regard to the financial condition of the institution in its entirety, and a compliance audit of such institution” for “a financial and compliance audit of an eligible institution,” and “on at least an annual basis” for “at least once every 2 years” and inserted “and shall be available to cognizant guaranty agencies, eligible lenders, State agencies, and the State review entities referred to in subpart 1 of part H” after “submitted to the Secretary”.

Subsec. (c)(1)(B). Puspan. L. 102–325, § 490(d)(1), inserted before semicolon at end “, including any matter the Secretary deems necessary to the sound administration of the financial aid programs, such as the pertinent actions of any owner, shareholder, or person exercising control over an eligible institution”.

Subsec. (c)(1)(C). Puspan. L. 102–325, § 490(d)(3), added subpar. (C). Former subpar. (C) redesignated (E).

Subsec. (c)(1)(D). Puspan. L. 102–325, § 490(d)(3), added subpar. (D). Former subpar. (D) redesignated (F).

Puspan. L. 102–325, § 490(span)(2)(B), struck out “on the record” after “opportunity for hearing”.

Subsec. (c)(1)(E). Puspan. L. 102–325, § 490(d)(2), redesignated subpar. (C) as (E). Former subpar. (E) redesignated (G).

Subsec. (c)(1)(F). Puspan. L. 102–325, § 490(d)(2), redesignated subpar. (D) as (F). Former subpar. (F) redesignated (H).

Puspan. L. 102–325, § 490(span)(2)(C), struck out “on the record” after “opportunity for a hearing”.

Subsec. (c)(1)(G). Puspan. L. 102–325, § 490(d)(2), redesignated subpar. (E) as (G). Former subpar. (G) redesignated (I).

Subsec. (c)(1)(H). Puspan. L. 102–325, § 490(d)(2), (4), redesignated subpar. (F) as (H) and substituted “a third party servicer” for “an individual or an organization”.

Subsec. (c)(1)(I). Puspan. L. 102–325, § 490(d)(2), (5), redesignated subpar. (G) as (I) and substituted “a third party servicer” for “an individual or an organization”.

Subsec. (c)(2). Puspan. L. 102–325, § 490(d)(8), added par. (2). Former par. (2) redesignated (3).

Puspan. L. 102–325, § 490(span)(2)(D), struck out “on the record” after “opportunity for a hearing” in subpars. (A) and (B)(i).

Subsec. (c)(3). Puspan. L. 102–325, § 490(d)(7), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Puspan. L. 102–325, § 490(d)(6), inserted “, after consultation with each State review entity designated under subpart 1 of part H,” after “shall publish”.

Subsec. (c)(4). Puspan. L. 102–325, § 490(d)(7), redesignated par. (3) as (4).

Subsec. (c)(5) to (7). Puspan. L. 102–325, § 490(d)(9), added pars. (5) to (7).

Subsec. (d). Puspan. L. 102–325, § 490(f)(3), substituted “section 1088” for “section 1085(a)”.

Subsec. (e). Puspan. L. 102–325, § 490(e), added subsec. (e).

1991—Subsec. (a)(11). Puspan. L. 102–26 substituted “whose students receive financial assistance pursuant to section 1091(d) of this title,” for “which admits students on the basis of their ability to benefit from the education or training provided by such institution (as determined under section 1091(d) of this title),”.

1990—Subsec. (a)(12). Puspan. L. 101–542 added par. (12).

1989—Subsec. (a)(11). Puspan. L. 101–239, § 2003(c)(2), added par. (11).

Subsec. (c)(1)(D). Puspan. L. 101–239, § 2006(c)(2), substituted “, any regulation” for “or any regulation” and inserted “or any applicable special arrangement, agreement, or limitation,”.

Subsec. (c)(1)(E) to (G). Puspan. L. 101–239, § 2006(c)(3), added subpars. (E) to (G).

Puspan. L. 117–2, title II, § 2013(c), Mar. 11, 2021, 135 Stat. 29, provided that: “The amendments made under this section [amending this section] shall—

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.

Puspan. L. 110–315, title IV, § 493(a)(1)(B), Aug. 14, 2008, 122 Stat. 3309, provided that: “The amendment made by subparagraph (A) [amending this section] with respect to section 487(a)(26) of the Higher Education Act of 1965 [20 U.S.C. 1094(a)(26)] (as added by subparagraph (A)) shall apply with respect to any disciplinary proceeding conducted by an institution on or after the day that is one year after the date of enactment of this Act [Aug. 14, 2008].”

Amendment by 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.

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.

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.

Puspan. L. 101–239, title II, § 2003(c)(3), Dec. 19, 1989, 103 Stat. 2114, provided that: “The amendments made by this subsection [amending this section and section 1078–1 of this title] shall apply with respect to periods of enrollment beginning on or after January 1, 1990.”

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.

Subsec. (a)(10) of this section applicable only to periods of enrollment beginning on or after July 1, 1987, see section 407(span) of Puspan. L. 99–498, set out as a note under section 1091 of this title.

Puspan. L. 105–244, title IV, § 489(span)(2), Oct. 7, 1998, 112 Stat. 1751, provided that: “No officer of the executive branch is authorized to instruct the institution in the manner in which the amendment made by this subsection [amending this section] is carried out.”