20 U.S.C. § 1070 — Statement of purpose; program authoriza-

Page 326 TITLE 20—EDUCATION § 1070 Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to this section. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authorizations for parts A to E for fiscal year 1999 and each of the 4 succeeding fiscal years. 1998—Subsec. (a)(1)(A). Pub. L. 105–244, § 308(h)(1)(A), substituted ‘‘1999’’ for ‘‘1993’’. Subsec. (a)(1)(B). Pub. L. 105–244, § 308(h)(1)(B), redes- ignated cl. (i) as entire subpar., substituted ‘‘$10,000,000 for fiscal year 1999’’ for ‘‘$45,000,000 for fiscal year 1993’’, and struck out cl. (ii) which read as follows: ‘‘No funds are authorized to be appropriated pursuant to clause (i) for any fiscal year unless the amount appropriated pur- suant to paragraph (1)(A) for such fiscal year equals or exceeds $80,000,000.’’ Subsec. (a)(1)(C). Pub. L. 105–244, § 308(h)(1)(C), added subpar. (C). Subsec. (a)(2)(A). Pub. L. 105–244, § 308(h)(2)(A), sub- stituted ‘‘1999’’ for ‘‘1993’’. Subsec. (a)(2)(B). Pub. L. 105–244, § 308(h)(2)(B), sub- stituted ‘‘$35,000,000 for fiscal year 1999’’ for ‘‘$20,000,000 for fiscal year 1993’’. Subsec. (a)(3). Pub. L. 105–244, § 308(h)(3), substituted ‘‘$10,000,000 for fiscal year 1999’’ for ‘‘$50,000,000 for fiscal year 1993’’. Subsec. (a)(4), (5). Pub. L. 105–244, § 308(h)(4), added pars. (4) and (5). Subsec. (c). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (c). Text read as follows: ‘‘If the amount appropriated under subsection (a)(1) of this section for part A of this subchapter for any fiscal year beginning after September 30, 1986, equals or exceeds the amount appropriated for such part for fiscal year 1986, the Secretary shall, for such fiscal year— ‘‘(1) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions at which at least 60 percent of the students are African Ameri- cans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and ‘‘(2) allocate 75 percent of such excess among other eligible institutions.’’ Subsec. (d). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (d). Text read as follows: ‘‘In any fiscal year in which the sums appropriated for part A of this subchapter are insufficient to make the reservations required by subsection (c) of this section, the Secretary shall ratably reduce the amount of the reservation.’’ Subsec. (e). Pub. L. 105–244, § 308(h)(5), struck out heading and text of subsec. (e). Text read as follows: ‘‘In any fiscal year beginning after September 30, 1992, the Secretary shall award at least 25 percent of the amount appropriated pursuant to the authority of paragraph (3) of subsection (a) of this section in each fiscal year to historically black colleges and univer- sities that meet the requirements of part C of this sub- chapter, unless there are an insufficient number of quality applications or an insufficient number of appli- cations due to the provisions in subsection (b)(2)(C) or subsection (b)(4)(B) of section 1065 of this title.’’ 1992—Subsec. (a). Pub. L. 102–325, § 305(e), amended subsec. (a) generally, substituting present provisions for provisions authorizing appropriations for fiscal year 1987 and the four succeeding fiscal years. Subsec. (c). Pub. L. 102–325, § 305(f), substituted ‘‘1986, the Secretary shall, for such fiscal year—’’ for ‘‘1986— ’’ in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as fol- lows: ‘‘(1) the Secretary shall, for such fiscal year, make available for use for the purposes of part A of this sub- chapter to institutions that are junior or community colleges not less than $51,400,000; and ‘‘(2) the Secretary shall, for such fiscal year— ‘‘(A) allocate 25 percent of the excess (above the amount appropriated for part A of this subchapter for fiscal year 1986) among eligible institutions with the highest percentages of students who are Black Ameri- cans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof; and ‘‘(B) allocate 75 percent of such excess among other eligible institutions.’’ Subsec. (e). Pub. L. 102–325, § 305(g), added subsec. (e). Statutory Notes and Related Subsidiaries 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title. SUBCHAPTER IV—STUDENT ASSISTANCE PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION Editorial Notes CODIFICATION Part A of title IV of the Higher Education Act of 1965, comprising this part, was originally enacted by Pub. L. 89–329, title IV, Nov. 8, 1965, 79 Stat. 1232, and amended by Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–328, June 30, 1976, 90 Stat. 727; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–43, June 15, 1977, 91 Stat. 213; Pub. L. 95–336, Aug. 4, 1978, 92 Stat. 451; Pub. L. 95–566, Nov. 1, 1978, 92 Stat. 2402; Pub. L. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 97–301, Oct. 13, 1982, 96 Stat. 1400; Pub. L. 98–558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99–145, Nov. 8, 1985, 99 Stat. 583. Such part is shown herein, however, as having been added by Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1308, without reference to such intervening amendments be- cause of the extensive revision of part A by Pub. L. 99–498. § 1070. Statement of purpose; program authoriza- tion (a) Purpose It is the purpose of this part, to assist in mak- ing available the benefits of postsecondary edu- cation to eligible students (defined in accord- ance with section 1091 of this title) in institu- tions of higher education by— (1) providing Federal Pell Grants to all eligi- ble students; (2) providing supplemental educational op- portunity grants to those students who dem- onstrate financial need; (3) providing for payments to the States to assist them in making financial aid available to such students; (4) providing for special programs and projects designed (A) to identify and encour- age qualified youths with financial or cultural need with a potential for postsecondary edu- cation, (B) to prepare students from low-in- come families for postsecondary education, and (C) to provide remedial (including reme- dial language study) and other services to stu- dents; and Page 327 TITLE 20—EDUCATION § 1070 (5) providing assistance to institutions of higher education. (b) Secretary required to carry out purposes The Secretary shall, in accordance with sub- parts 1 through 9 of this part, carry out pro- grams to achieve the purposes of this part. (Pub. L. 89–329, title IV, § 400, formerly § 401, as added Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1308; renumbered § 400, Pub. L. 102–325, title IV, § 402(a)(3), July 23, 1992, 106 Stat. 482; amended Pub. L. 105–244, title IV, § 401(g)(1), Oct. 7, 1998, 112 Stat. 1652; Pub. L. 111–39, title IV, § 401(a)(1), July 1, 2009, 123 Stat. 1938.) Editorial Notes PRIOR PROVISIONS A prior section 1070, Pub. L. 89–329, title IV, § 401, as added and amended Pub. L. 92–318, title I, § 131(b)(1), title X, § 1001(c)(1), (2), June 23, 1972, 86 Stat. 247, 381; Pub. L. 94–482, title I, § 125, Oct. 12, 1976, 90 Stat. 2096; Pub. L. 96–374, title IV, § 401, title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1401, 1503, stated purpose of program of grants to students in attendance at institutions of higher education, prior to the general revision of this part by Pub. L. 99–498. AMENDMENTS 2009—Subsec. (b). Pub. L. 111–39 substituted ‘‘1 through 9’’ for ‘‘1 through 8’’. 1998—Subsec. (a)(1). Pub. L. 105–244 substituted ‘‘Fed- eral Pell Grants’’ for ‘‘basic educational opportunity grants’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. HIGHER EDUCATION RELIEF OPPORTUNITIES FOR STUDENTS Pub. L. 108–76, §§ 1–5, Aug. 18, 2003, 117 Stat. 904, for- merly set out in a note under this section, was trans- ferred to part G–1 (§ 1098aa et seq.) of this subchapter. Pub. L. 108–76, § 6, Aug. 18, 2003, 117 Stat. 908, as amend- ed by Pub. L. 109–78, § 1, Sept. 30, 2005, 119 Stat. 2043, for- merly set out in the same note under this section, which provided for termination of Pub. L. 108–76 on Sept. 30, 2007, was repealed by Pub. L. 110–93, § 2, Sept. 30, 2007, 121 Stat. 999. Pub. L. 107–122, Jan. 15, 2002, 115 Stat. 2386, known as the Higher Education Relief Opportunities for Students Act of 2001, authorized the Secretary of Education to waive or modify statutory or regulatory provisions ap- plicable to the student financial aid programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) as deemed necessary because of a national emergency, provided sense of Congress as to tuition re- funds from institutions of postsecondary education, and provided that the Act ceased to be effective Sept. 30, 2003. COMMUNITY SCHOLARSHIP MOBILIZATION Pub. L. 105–244, title VIII, part C, Oct. 7, 1998, 112 Stat. 1810, known as the Community Scholarship Mobi- lization Act, which established regional, State and community program centers to foster development of local entities in high poverty areas that promote high- er education goals for low-income students with aca- demic support and scholarship assistance for postsec- ondary education, was repealed by Pub. L. 110–315, title IX, § 931(2), Aug. 14, 2008, 122 Stat. 3456. COMMUNITY SCHOOL PARTNERSHIPS Pub. L. 103–382, title V, part B, Oct. 20, 1994, 108 Stat. 4045, which provided for grants to establish community centers giving academic support and postsecondary scholarships to poor students, was repealed by Pub. L. 105–277, div. A, § 101(f) [title VIII, § 301(a)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–410. STUDY OF FEDERAL BENEFIT COORDINATION Pub. L. 102–325, title XIV, § 1405, July 23, 1992, 106 Stat. 818, directed Secretary of Education to conduct a study to evaluate the coordination of Federal student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) with other programs funded in whole or in part with Federal funds, with Secretary to prepare and submit to appropriate committees of Congress a report on the study not later than 3 years after July 23, 1992, together with such recommendations as the Secretary deemed appropriate, prior to repeal by Pub. L. 105–332, § 6(b)(2), Oct. 31, 1998, 112 Stat. 3128. OLYMPIC SCHOLARSHIPS Pub. L. 102–325, title XV, § 1543, July 23, 1992, 106 Stat. 836, as amended by Pub. L. 105–244, title VIII, § 836, Oct. 7, 1998, 112 Stat. 1820; Pub. L. 106–554, § 1(a)(1) [title III, § 319], Dec. 21, 2000, 114 Stat. 2763, 2763A–49; Pub. L. 107–116, title III, § 305(a), Jan. 10, 2002, 115 Stat. 2208; Pub. L. 110–315, title IX, § 934, Aug. 14, 2008, 122 Stat. 3460, provided that: ‘‘(a) SCHOLARSHIPS AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary of Education is au- thorized to provide financial assistance to the United States Olympic Education Center or the United States Olympic Training Center to enable such cen- ters to provide financial assistance to athletes who are training at such centers and are pursuing postsec- ondary education at institutions of higher education (as such term is defined in section 481(a) of the Higher Education Act of 1965 [20 U.S.C. 1088(a)]). ‘‘(2) AWARD DETERMINATION.—The amount of the fi- nancial assistance provided to an athlete described in paragraph (1) shall be determined in accordance with criteria, and in amounts, specified in the application of the center under subsection (c). Such assistance shall not exceed the athlete’s cost of attendance as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ‘‘(3) INFORMATION ON DISTRIBUTION OF ASSISTANCE.— Each center providing such assistance shall annually report to the Secretary such information as the Sec- retary may reasonably require on the distribution of such assistance among athletes and institutions of higher education. The Secretary shall compile such reports and submit them to the Committees on Edu- cation and the Workforce and Appropriations of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Appro- priations of the Senate. ‘‘(b) ELIGIBILITY.—The Secretary of Education shall ensure that financial assistance provided under this part [part E (§ 1543) of Pub. L. 102–325] is available to both full-time and part-time students who are athletes at centers described in subsection (a). ‘‘(c) APPLICATION.—Each center desiring financial as- sistance under this section shall submit an application to the Secretary of Education at such time, in such manner and accompanied by such information as the Secretary may reasonably require. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years to carry out this section. Page 328 TITLE 20—EDUCATION § 1070 ‘‘(e) DESIGNATION.—Scholarships awarded under this section shall be known as ‘B.J. Stupak Olympic Schol- arships’.’’ [Pub. L. 107–116, title III, § 305(b), Jan. 10, 2002, 115 Stat. 2208, provided that: ‘‘The amendments made by subsection (a) [amending section 1543 of Pub. L. 102–325, set out above] shall apply with respect to any funds ap- propriated pursuant to section 1543(d) of the Higher Education Amendments of 1992 [section 1543(d) of Pub. L. 102–325, set out above], including funds appropriated pursuant to that section in fiscal years 2000 and 2001, that are available for financial assistance under section 1543 on or after the date of enactment of this Act [Jan. 10, 2002].’’] PERSIAN GULF CONFLICT HIGHER EDUCATION ASSISTANCE Pub. L. 102–26, §§ 4–6, Apr. 9, 1991, 105 Stat. 125–127, provided that: ‘‘SEC. 4. OPERATION DESERT SHIELD/DESERT STORM WAIVER AUTHORITY. ‘‘(a) PURPOSE.—It is the purpose of this section to en- sure that— ‘‘(1) the men and women serving on active duty in connection with Operation Desert Shield or Oper- ation Desert Storm who are borrowers of Stafford Loans or Perkins Loans are not placed in a worse po- sition financially in relation to those loans because of such service; ‘‘(2) the administrative requirements placed on all borrowers of student loans made in accordance with title IV of the Act [20 U.S.C. 1070 et seq.] who are en- gaged in such military service are minimized to the extent possible without impairing the integrity of the student loan programs, in order to ease the burden on such borrowers, and to avoid inadvertent, technical defaults; and ‘‘(3) the future eligibility of such an individual for Pell Grants is not reduced by the amount of such as- sistance awarded for a period of instruction that such individual was unable to complete, or for which the individual did not receive academic credit, because he or she was called up for such service. ‘‘(b) WAIVER REQUIREMENT.—Notwithstanding any other provision of law, unless enacted with specific ref- erence to this section, the Secretary of Education shall waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Act that the Secretary deems necessary to achieve the purposes stated in subsection (a), includ- ing— ‘‘(1) the length of, and eligibility requirements for, the military deferments authorized under sections 427(a)(2)(C)(ii), 428(b)(1)(M)(ii), and 464(c)(2)(A)(ii) of the Act [20 U.S.C. 1077(a)(2)(C)(ii), 1078(b)(1)(M)(ii), 1087dd(c)(2)(A)(ii)], in order to enable the borrower of a Stafford Loan or a Perkins Loan who is or was serv- ing on active duty in connection with Operation Desert Shield or Operation Desert Storm to obtain a military deferment, under which interest shall accrue and shall, if otherwise payable by the Secretary, be paid by the Secretary of Education, for the duration of such service; ‘‘(2) administrative requirements placed on all bor- rowers of student loans made in accordance with title IV of the Act who are or were engaged in such mili- tary service; ‘‘(3) the number of years for which individuals who are engaged in such military service may be eligible for Pell Grants under subpart 1 of part A of title IV of the Act [20 U.S.C. 1070a et seq.]; ‘‘(4) the point at which the borrower of a Stafford Loan who is or was engaged in such military service is required to resume repayment of principal and in- terest on such loan after the borrower completes a period of deferment under section 427(a)(2)(C)(ii) or 428(b)(1)(M)(ii) of the Act; ‘‘(5) the point at which the borrower of a Stafford Loan who is or was engaged in such military service is required to resume repayment of principal and in- terest on such loan after the borrower completes a single period of deferment under section 427(a)(2)(C)(i) or 428(b)(1)(M)(i) of the Act subsequent to such serv- ice; and ‘‘(6) the modification of the terms ‘annual adjusted family income’ and ‘available income,’ as used in the determination of need for student financial assist- ance under title IV of the Act for such individual (and the determination of such need for his or her spouse and dependents, if applicable), to mean the sums re- ceived in the first calendar year of the award year for which such determination is made, in order to reflect more accurately the financial condition of such indi- vidual and his or her family. ‘‘(c) NOTICE OF WAIVER.—Notwithstanding section 431 [now 437] of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall, by notice in the Federal Reg- ister, publish the waivers or modifications of statutory and regulatory provisions the Secretary deems nec- essary to achieve the purposes of this section. Such no- tice shall include the terms and conditions to be ap- plied in lieu of such statutory and regulatory provi- sions. The Secretary is not required to exercise the waiver or modification authority under this section on a case-by-case basis. ‘‘(d) DEFINITIONS.—For purposes of this Act [probably should be ‘‘section’’]— ‘‘(1) Individuals ‘serving on active duty in connec- tion with Operation Desert Shield or Operation Desert Storm’ shall include— ‘‘(A) any Reserve of an Armed Force called to ac- tive duty under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], or 688 of title 10, United States Code, for service in connection with Operation Desert Shield or Operation Desert Storm, regardless of the location at which such active duty service is per- formed; and ‘‘(B) for purposes of waivers of administrative re- quirements under subsection (b)(2) only, any other member of an Armed Force on active duty in con- nection with Operation Desert Shield or Operation Desert Storm, who has been assigned to a duty sta- tion at a location other than the location at which such member is normally assigned. ‘‘(2) The term ‘active duty’ has the meaning given such term in section 101(22) of title 10, United States Code [now 10 U.S.C. 101(d)(1)], except that such term does not include active duty for training or attend- ance at a service school. ‘‘SEC. 5. TUITION REFUNDS OR CREDITS. ‘‘(a) SENSE OF CONGRESS.—It is the sense of the Con- gress that all institutions offering postsecondary edu- cation should provide a full refund to any member or Reserve of an Armed Force on active duty service in connection with Operation Desert Shield or Operation Desert Storm for that portion of a period of instruction such individual was unable to complete, or for which such individual did not receive academic credit, be- cause he or she was called up for such service. For pur- poses of this section, a full refund includes a refund of required tuition and fees, or a credit in a comparable amount against future tuition and fees. ‘‘(b) ENCOURAGEMENT AND REPORT.—The Secretary of Education shall encourage institutions to provide such refunds or credits, and shall report to the appropriate committees of Congress on the actions taken in accord- ance with this subsection as well as information he re- ceives regarding any institutions that are not pro- viding such refunds or credits. ‘‘SEC. 6. TERMINATION OF AUTHORITY. ‘‘The provisions of sections 4 and 5 shall cease to be effective on September 30, 1997.’’ Pub. L. 102–25, title III, part E (§§ 371–376), Apr. 6, 1991, 105 Stat. 93, provided that: ‘‘SEC. 371. SHORT TITLE ‘‘This part may be cited as the ‘Persian Gulf Conflict Higher Education Assistance Act’. Page 329 TITLE 20—EDUCATION § 1070a ‘‘SEC. 372. [Superseded by section 4 of Pub. L. 102–26, set out above.] ‘‘SEC. 373. [Superseded by section 5 of Pub. L. 102–26, set out above.] ‘‘SEC. 374. [Amended section 294d of Title 42, The Public Health and Welfare.] ‘‘SEC. 375. [Superseded by section 6 of Pub. L. 102–26, set out above.] ‘‘SEC. 376. COORDINATION WITH OTHER LAW ‘‘If the Higher Education Technical Amendments of 1991 [Pub. L. 102–26, see Short Title of 1991 Amendment note set out under section 1001 of this title] is enacted, the provisions of sections 4, 5, and 6 of that Act shall supersede sections 372, 373, and 375.’’ SUBPART 1—FEDERAL PELL GRANTS Editorial Notes CODIFICATION Pub. L. 105–244, title IV, § 401(g)(2), Oct. 7, 1998, 112 Stat. 1652, amended subpart heading generally. § 1070a. Federal Pell Grants: amount and deter- minations; applications (a) Purpose; definitions (1) Purpose The purpose of this subpart is to provide a Federal Pell Grant to low-income students. (2) Definitions In this section— (A) the term ‘‘adjusted gross income’’ means— (i) in the case of a dependent student, the adjusted gross income (as defined in section 62 of title 26) of the student’s par- ents in the second tax year preceding the academic year; and (ii) in the case of an independent stu- dent, the adjusted gross income (as defined in section 62 of title 26) of the student (and the student’s spouse, if applicable) in the second tax year preceding the academic year; (B) the term ‘‘family size’’ has the mean- ing given the term in section 1087vv(k) of this title; (C) the term ‘‘poverty line’’ means the poverty line (as determined under the pov- erty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the au- thority of section 9902(2) of title 42) applica- ble to the student’s family size and applica- ble to the second tax year preceding the aca- demic year; (D) the term ‘‘single parent’’ means— (i) a parent of a dependent student who was a head of household (as defined in sec- tion 2(b) of title 26) or a surviving spouse (as defined in section 2(a) of title 26) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the aca- demic year; or (ii) an independent student who is a par- ent and was a head of household (as de- fined in section 2(b) of title 26) or a sur- viving spouse (as defined in section 2(a) of title 26) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year pre- ceding the academic year; (E) the term ‘‘total maximum Federal Pell Grant’’ means the total maximum Federal Pell Grant award per student for any aca- demic year described under subsection (b)(5); and (F) the term ‘‘minimum Federal Pell Grant’’ means the minimum amount of a Federal Pell Grant that shall be awarded to a student for any academic year in which that student is attending full time, which shall be equal to 10 percent of the total max- imum Federal Pell Grant for such academic year. (b) Amount and distribution of grants (1) Determination of amount of a Federal Pell Grant Subject to paragraphs (2) and (3), the amount of a Federal Pell Grant for a student shall be determined in accordance with the following: (A) A student shall be eligible for a total maximum Federal Pell Grant for an aca- demic year in which the student is enrolled in an eligible program full time— (i) if the student (and the student’s spouse, if applicable), or, in the case of a dependent student, the dependent stu- dent’s parents (or single parent), is not re- quired to file a Federal income tax return in the second year preceding the academic year; (ii) if the student or, in the case of a de- pendent student, the dependent student’s parent, is a single parent, and the adjusted gross income is greater than zero and equal to or less than 225 percent of the poverty line; or (iii) if the student or, in the case of a de- pendent student, the dependent student’s parent, is not a single parent, and the ad- justed gross income is greater than zero and equal to or less than 175 percent of the poverty line. (B) A student who is not eligible for a total maximum Federal Pell Grant under subpara- graph (A) for an academic year, shall be eli- gible for a Federal Pell Grant for an aca- demic year in which the student is enrolled in an eligible program full time if such stu- dent’s student aid index in such award year is less than the total maximum Federal Pell Grant for that award year. The amount of the Federal Pell Grant for a student eligible under this subparagraph shall be— (i) the total maximum Federal Pell Grant as calculated under paragraph (5)(A) for that year, less (ii) an amount equal to the amount de- termined to be the student aid index with respect to that student for that year, ex- cept that a student aid index of less than zero shall be considered to be zero for the purposes of this clause, rounded to the nearest $5, except that a stu- dent eligible for less than the minimum Fed-