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 related to data base matching and suspension of eligibility for drug-related offenses, respectively.
2019—Subsec. (q). Pub. 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). Pub. L. 114–113 amended par. (2) generally. Prior to amendment, par. (2) contained a different definition of “eligible career pathway program”.
2014—Subsec. (d). Pub. 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). 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 process, or required an institution of higher education, respectively, to determine ability of students to benefit from education or training.
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 original which appear in text as references to part B, part D, or part E, resulting in text identical to that after execution of Pub. L. 103–208, § 2(h)(18). See 1993 Amendment note for subsec. (g) below.
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 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). Pub. L. 110–315, § 485(a)(5), added subsec. (l) and struck out former subsec. (l) which related to courses offered through telecommunications.
Subsec. (q). Pub. 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). 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” before period at end.
Subsec. (l)(1)(B). Pub. L. 109–171, § 8020(c)(2), amended heading 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). Pub. 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 Pub. L. 109–171. See above.
Subsec. (q)(1). Pub. L. 109–171, § 8021(b), amended heading 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). Pub. L. 109–171, § 8021(c), amended heading 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). 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 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). Pub. L. 105–244, § 483(d), amended heading 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). 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) 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). Pub. L. 103–382 amended heading 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). 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 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). 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 appearing, was executed by inserting a comma after “, part D” wherever appearing, to reflect the probable 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 read 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. (k) 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 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. (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) 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 102–325, § 484(h), made technical amendment to directory language of Pub. L. 102–73, § 801(a). See 1991 Amendment note below.
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 before semicolon at end “, 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 note below.
Pub. L. 102–26, § 2(b), 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). Pub. L. 102–73, as amended by Pub. L. 102–325, § 484(h), added subsec. (k).
1990—Subsec. (d). Pub. 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 Pub. L. 102–26, § 2(d)(2)(A). See Construction of 1991 Amendment note below.
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 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. (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 appearing, 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)” before semicolon at end.
Subsec. (b). Pub. 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). Pub. 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). Pub. 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). Pub. L. 99–603 added subsec. (c) requiring immigration status verification.
Subsec. (d). Pub. L. 99–603 added subsec. (d) limiting enforcement actions against institutions.
Subsec. (e). Pub. L. 99–603 added subsec. (e) relating to validity of loan guarantees for loan payments made before completion of immigration status verification.
