Source
(Pub. L. 89–329, title IV, § 482, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1477; amended Pub. L. 100–50, § 15(2), June 3, 1987, 101 Stat. 355; Pub. L. 102–325, title IV, § 482, July 23, 1992, 106 Stat. 612; Pub. L. 103–208, § 2(h)(7), Dec. 20, 1993, 107 Stat. 2476; Pub. L. 104–66, title I, § 1042(b), Dec. 21, 1995, 109 Stat. 715; Pub. L. 105–244, title IV, § 481, Oct. 7, 1998, 112 Stat. 1732; Pub. L. 110–315, title I, § 103(b)(9), title IV, § 482(a), Aug. 14, 2008, 122 Stat. 3089, 3271.)
Amendment of Subsection (a)(1)(B), (C)
Pub. L. 110–315, title IV, § 482(a)(1), (b), Aug. 14, 2008, 122 Stat. 3271, 3272, provided that, effective July 1, 2010, subsection (a)(1) is amended by striking subparagraphs (B) and (C) and inserting the following:
“(B) by March 1: proposed modifications, updates, and notices pursuant to sections
1087rr and
1090
(a)(5) of this title published in the Federal Register;
“(C) by June 1: final modifications, updates, and notices pursuant to sections
1087rr and
1090
(a)(5) of this title published in the Federal Register;”.
References in Text
Section
1070b–3 of this title, referred to in subsec. (b), was amended by
Pub. L. 105–244, title IV, § 406(c)(2)(D), Oct. 7, 1998,
112 Stat. 1665, which redesignated subsecs. (e) and (f) as (d) and (e), respectively.
Section
2752 of title
42, referred to in subsec. (b), was amended by
Pub. L. 105–244, title IV, § 442(b)(2), Oct. 7, 1998,
112 Stat. 1712, which redesignated subsecs. (e) and (f) as (d) and (e), respectively.
Section
1087bb
(j) of this title, referred to in subsec. (b), was redesignated section
1087bb
(i) by
Pub. L. 105–244, title IV, § 462(a)(2)(H), Oct. 7, 1998,
112 Stat. 1721.
This chapter, referred to in subsec. (e), was in the original “this Act”, meaning
Pub. L. 89–329, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section
1001 of this title and Tables.
Prior Provisions
A prior section
1089,
Pub. L. 89–329, title IV, § 482, as added
Pub. L. 96–374, title IV, § 451(a), Oct. 3, 1980,
94 Stat. 1445; amended
Pub. L. 97–35, title V, § 533(a)(1), (2), (b), Aug. 13, 1981,
95 Stat. 453;
Pub. L. 99–272, title XVI, § 16031, Apr. 7, 1986,
100 Stat. 354, related to analysis of student’s need for financial assistance, prior to the general revision of this part by
Pub. L. 99–498.
Another prior section
1089,
Pub. L. 89–329, title IV, § 499, formerly § 469, as added
Pub. L. 90–575, title I, § 151, Oct. 16, 1968,
82 Stat. 1032; amended
Pub. L. 91–230, title IV, § 401(h)(4), Apr. 13, 1970,
84 Stat. 174; renumbered
Pub. L. 92–318, title I, § 137(b), June 23, 1972,
86 Stat. 272, related to the Advisory Council on Financial Aid to Students, prior to the general revision of this part by
Pub. L. 96–374.
Amendments
2008—Subsec. (d).
Pub. L. 110–315, § 103(b)(9), substituted “authorizing committees” for “Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives”.
Subsec. (e).
Pub. L. 110–315, § 482(a)(2), added subsec. (e).
1998—Subsec. (a)(3), (4).
Pub. L. 105–244, § 481(a), added pars. (3) and (4).
Subsec. (c).
Pub. L. 105–244, § 481(b), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Any regulatory changes initiated by the Secretary affecting the programs pursuant to this subchapter and part
C of subchapter
I of chapter
34 of title
42 that have not been published in final form by December 1 prior to the start of the award year shall not become effective until the beginning of the second award year after such December 1 date. For award year 1994–95, this subsection shall not require a delay in the effectiveness of regulatory changes affecting this part and parts B and G of this subchapter that are published in final form by May 1, 1994.”
1995—Subsec. (d).
Pub. L. 104–66, in first sentence substituted “a deadline included in the calendar described in subsection (a) of this section is not met” for “the items specified in the calendar have been completed and provide all relevant forms, rules, and instructions with such notice” and after first sentence struck out “When a deadline included in the calendar is not met, the Secretary, within 7 days, shall submit to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives a written report, including proper documentation, as to why the deadline was not adhered to and a detailed plan for ensuring that subsequent dates are met.”
1993—Subsec. (c).
Pub. L. 103–208 inserted at end “For award year 1994–95, this subsection shall not require a delay in the effectiveness of regulatory changes affecting this part and parts B and G of this subchapter that are published in final form by May 1, 1994.”
1992—Subsec. (a)(1)(B), (C).
Pub. L. 102–325, § 482(b)(1), substituted “section
1087rr” for “sections
1070a–5 and
1087rr”.
Subsec. (b).
Pub. L. 102–325, § 482(b)(2), substituted “subpart 3” for “subpart 2”.
Subsec. (c).
Pub. L. 102–325, § 482(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any additional regulatory changes initiated by the Secretary affecting the general administration of the programs pursuant to this subchapter and part
C of subchapter
I of chapter
34 of title
42 that have not been published in final form by December 1 prior to the start of the award year shall not become effective until the beginning of the second award year after the December 1 date.”
1987—Subsec. (b).
Pub. L. 100–50 inserted reference to section
1087bb
(j) of this title and part D of this subchapter.
Effective Date of 2008 Amendment
Pub. L. 110–315, title IV, § 482(b), Aug. 14, 2008,
122 Stat. 3272, provided that: “The amendment made by subsection (a)(1) [amending this section] shall take effect on July 1, 2010.”
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in
Pub. L. 105–244, see section 3 of
Pub. L. 105–244, set out as a note under section
1001 of this title.
Effective Date of 1993 Amendment
Amendment by
Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992,
Pub. L. 102–325, except as otherwise provided, see section 5(a) of
Pub. L. 103–208, set out as a note under section
1051 of this title.
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986,
Pub. L. 99–498, see section 27 of
Pub. L. 100–50, set out as a note under section
1001 of this title.
Inapplicability of Master Calendar and Negotiated Rulemaking Requirements
Pub. L. 110–315, title IV, § 402(b), Aug. 14, 2008,
122 Stat. 3191, provided that: “Sections 482 and 492 of the Higher Education Act of 1965 (
20 U.S.C.
1089,
1098a) shall not apply to the amendments made by subsection (a) [amending section
1070a–1 of this title], or to any regulations promulgated under those amendments.”
Pub. L. 110–227, § 11, May 7, 2008,
122 Stat. 752, as amended by
Pub. L. 110–315, title IV, § 402(c)(1), Aug. 14, 2008,
122 Stat. 3191, provided that: “Sections 482 and 492 of the Higher Education Act of 1965 (
20 U.S.C.
1089,
1098a) shall not apply to amendments made by this Act [see Tables for classification], or to any regulations promulgated under such amendments.”
[
Pub. L. 110–315, title IV, § 402(c)(2), Aug. 14, 2008,
122 Stat. 3191, provided that: “The amendment made by paragraph (1) [amending section 11 of
Pub. L. 110–227, set out above] shall take effect as if enacted as part of the Ensuring Continued Access to Student Loans Act of 2008 [
Pub. L. 110–227].”]
Establishment of Separate Systems of Need Analysis for Academic Years 1983–1984 Through 1987–1988
Pub. L. 97–301, § 4, Oct. 13, 1982,
96 Stat. 1400, as amended by
Pub. L. 98–79, § 4(a), Aug. 15, 1983,
97 Stat. 480;
Pub. L. 98–511, title VII, § 707(3), Oct. 19, 1984,
98 Stat. 2407;
Pub. L. 99–498, title IV, § 408(a)(1), Oct. 17, 1986,
100 Stat. 1495, which required Secretary of Education to establish or approve separate systems of need analysis for the academic years 1983–1984, 1984–1985, 1985–1986, 1986–1987, and 1987–1988 for the programs authorized under subpart 2 [now 3] of part A [
20 U.S.C.
1070b et seq.], part C [
42 U.S.C.
2751 et seq.], and part E [
20 U.S.C.
1087aa et seq.] of title IV of the Higher Education Act of 1965, was repealed by
Pub. L. 99–498, title IV, § 408(b), Oct. 17, 1986,
100 Stat. 1495, eff. with respect to any academic year beginning on or after July 1, 1988.
Determination of Independent Student Status for Academic Years 1982–1983 Through 1987–1988
Pub. L. 97–301, § 6, Oct. 13, 1982,
96 Stat. 1400, as amended by
Pub. L. 98–79, § 4(a), Aug. 15, 1983,
97 Stat. 481;
Pub. L. 98–516, title VII, § 707(3), Oct. 19, 1984,
98 Stat. 2407;
Pub. L. 99–498, title IV, § 408(a)(1), Oct. 17, 1986,
100 Stat. 1495, which provided that notwithstanding any rule or regulation, the criteria for the determination of independent student status, prescribed under subsec. (c)(2) of this section, in effect for academic year 1982–1983, was to be the criteria for such determinations for each of the academic years 1983–1984, 1984–1985, 1985–1986, 1986–1987, and 1987–1988, was repealed by
Pub. L. 99–498, title IV, § 408(b), Oct. 17, 1986,
100 Stat. 1495, eff. with respect to any academic year beginning on or after July 1, 1988.