20 U.S.C. § 1088 — Definitions

Page 632 TITLE 20—EDUCATION § 1088 the amendment made by this section shall take effect on July 1, 2009.’’ Pub. L. 110–84, title VI, § 604(b), Sept. 27, 2007, 121 Stat. 808, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall be effective on July 1, 2009.’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title. EFFECTIVE DATE OF 1998 AMENDMENTS Amendment by Pub. L. 105–244 effective Oct. 7, 1998, see section 480A of Pub. L. 105–244, set out as a note under section 1087kk of this title. Amendment by section 101(f) [title VIII, § 405(d)(15)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(12)(B)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1993 AMENDMENTS 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. Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 applicable with re- spect to determinations of need under this part for award years beginning on or after July 1, 1993, see sec- tion 471(b) of Pub. L. 102–325, set out as a note under section 1087kk 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. DEFINITION OF ‘‘INDEPENDENT STUDENT’’; APPLICATION TO SPECIFIED PERIODS OF ENROLLMENT Pub. L. 99–498, title IV, § 406(b)(5), formerly § 406(b)(4), Oct. 17, 1986, 100 Stat. 1475; renumbered § 406(b)(5), Pub. L. 100–50, § 22(e)(2), June 3, 1987, 101 Stat. 361, provided that: ‘‘The definition of independent student contained in section 480(d) of the Act [20 U.S.C. 1087vv(d)] as amended by subsection (a) of this section shall apply with respect to the determination of such need for peri- ods of enrollment beginning on or after January 1, 1987, in the case of programs operated under part B of title IV of the Act [part B of this subchapter], or for periods of enrollment beginning on or after July 1, 1987, in the case of programs operated under subpart 2 of part A and parts C and E of such title [subpart 2 of part A of this subchapter and parts C and E of this subchapter].’’ [References to subpart 2 of part A of title IV of Pub. L. 89–329 deemed, after July 23, 1992, to refer to subpart 3 of such part, see section 402(b) of Pub. L. 102–325, set out as a note under section 1070a–11 of this title.] PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS Editorial Notes CODIFICATION Part G of title IV of the Higher Education Act of 1965, comprising this part, was originally enacted by Pub. L. 89–329, title IV, §§ 461 to 464 and 469, as added by Pub. L. 90–575, title I, §§ 151, 152, Oct. 16, 1968, 82 Stat. 1032, 1033; amended Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–43, June 15, 1977, 91 Stat. 213; Pub. L. 95–180, Nov. 15, 1977, 91 Stat. 1372; Pub. L. 95–566, Nov. 1, 1978, 92 Stat. 2402; S. Res. 30, Mar. 7, 1979; Pub. L. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98–79, Aug. 15, 1983, 97 Stat. 476; Pub. L. 99–272, Apr. 7, 1986, 100 Stat. 82. Such part is shown herein, however, as having been added by Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1475, without reference to such intervening amendments be- cause of the extensive revision of the part’s provisions by Pub. L. 99–498. Part G of title IV of the Higher Education Act of 1965, Pub. L. 89–329, comprising this part, was formerly clas- sified to part F of this subchapter. See Codification note preceding section 1087a of this title. Prior to be- coming this part, part G of title IV of Pub. L. 89–329 was originally added as part E of title IV of the Act by Pub. L. 90–575, title I, § 151, Oct. 16, 1968, 82 Stat. 1032, and classified to part D of this subchapter; then redes- ignated part F of title IV of the Act by Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 273, and classified to part E of this subchapter; then redesignated part G of title IV of the Act by Pub. L. 99–498, title IV, § 406(a), Oct. 17, 1986, 100 Stat. 1454, and classified to part F of this subchapter. PRIOR PROVISIONS A prior part G, consisting of part H of title IV of Pub. L. 89–329, was redesignated part H of this subchapter. § 1088. Definitions (a) Academic and award year (1) For the purpose of any program under this subchapter, the term ‘‘award year’’ shall be de- fined as the period beginning July 1 and ending June 30 of the following year. (2)(A) For the purpose of any program under this subchapter, the term ‘‘academic year’’ shall— (i) require a minimum of 30 weeks of instruc- tional time for a course of study that meas- ures its program length in credit hours; or (ii) require a minimum of 26 weeks of in- structional time for a course of study that measures its program length in clock hours; and (iii) require an undergraduate course of study to contain an amount of instructional Page 633 TITLE 20—EDUCATION § 1088 time whereby a full-time student is expected to complete at least— (I) 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or (II) 900 clock hours in a course of study that measures its program length in clock hours. (B) The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case- by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree and that measures program length in credit hours or clock hours. (b) Eligible program (1) For purposes of this subchapter, the term ‘‘eligible program’’ means a program of at least— (A) 600 clock hours of instruction, 16 semes- ter hours, or 24 quarter hours, offered during a minimum of 15 weeks, in the case of a program that— (i) provides a program of training to pre- pare students for gainful employment in a recognized profession; and (ii) admits students who have not com- pleted the equivalent of an associate degree; or (B) 300 clock hours of instruction, 8 semester hours, or 12 hours, offered during a minimum of 10 weeks, in the case of— (i) an undergraduate program that requires the equivalent of an associate degree for ad- missions; or (ii) a graduate or professional program. (2)(A) A program is an eligible program for purposes of part B of this subchapter if it is a program of at least 300 clock hours of instruc- tion, but less than 600 clock hours of instruc- tion, offered during a minimum of 10 weeks, that— (i) has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; (ii) has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and (iii) satisfies such further criteria as the Secretary may prescribe by regulation. (B) In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Sec- retary before such program is considered to have satisfied the requirements of this paragraph. (3) An otherwise eligible program that is of- fered in whole or in part through telecommuni- cations is eligible for the purposes of this sub- chapter if the program is offered by an institu- tion, other than a foreign institution, that has been evaluated and determined (before or after February 8, 2006) to have the capability to effec- tively deliver distance education programs by an accrediting agency or association that— (A) is recognized by the Secretary under sub- part 2 of part H; and (B) has evaluation of distance education pro- grams within the scope of its recognition, as described in section 1099b(n)(3) of this title. (4) For purposes of this subchapter, the term ‘‘eligible program’’ includes an instructional program that, in lieu of credit hours or clock hours as the measure of student learning, uti- lizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if such assessment is con- sistent with the accreditation of the institution or program utilizing the results of the assess- ment. In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Sec- retary before such program is considered to be an eligible program. (c) Third party servicer For purposes of this subchapter, the term ‘‘third party servicer’’ means any individual, any State, or any private, for-profit or nonprofit organization, which enters into a contract with— (1) any eligible institution of higher edu- cation to administer, through either manual or automated processing, any aspect of such institution’s student assistance programs under this subchapter; or (2) any guaranty agency, or any eligible lender, to administer, through either manual or automated processing, any aspect of such guaranty agency’s or lender’s student loan programs under part B of this subchapter, in- cluding originating, guaranteeing, monitoring, processing, servicing, or collecting loans. (d) Definitions for military deferments For purposes of parts B, D, and E of this sub- chapter: (1) Active duty The term ‘‘active duty’’ has the meaning given such term in section 101(d)(1) of title 10, except that such term does not include active duty for training or attendance at a service school. (2) Military operation The term ‘‘military operation’’ means a con- tingency operation as such term is defined in section 101(a)(13) of title 10. (3) National emergency The term ‘‘national emergency’’ means the national emergency by reason of certain ter- rorist attacks declared by the President on September 14, 2001, or subsequent national emergencies declared by the President by rea- son of terrorist attacks. (4) Serving on active duty The term ‘‘serving on active duty during a war or other military operation or national emergency’’ means service by an individual who is— (A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10 or any retired member of an Armed Force or- dered to active duty under section 688 of such title, for service in connection with a war or other military operation or national Page 634 TITLE 20—EDUCATION § 1088 1 So in original. Probably should not be capitalized. emergency, regardless of the location at which such active duty service is performed; and (B) any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or condi- tions who has been assigned to a duty sta- tion at a location other than the location at which such member is normally assigned. (5) Qualifying National Guard duty The term ‘‘qualifying National Guard duty during a war or other military operation or national emergency’’ means service as a mem- ber of the National Guard on full-time Na- tional Guard duty (as defined in section 101(d)(5) of title 10) under a call to active serv- ice authorized by the President or the Sec- retary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 in connection with a war, other military oper- ation, or a national emergency declared by the President and supported by Federal funds. (e) Consumer reporting agency For purposes of this subchapter, the term ‘‘consumer reporting agency’’ has the meaning given the term ‘‘consumer reporting agency that compiles and maintains files on consumers on a nationwide basis’’ in Section 1 1681a(p) of title 15. (f) Definition of educational service agency For purposes of parts B, D, and E, the term ‘‘educational service agency’’ has the meaning given the term in section 7801 of this title. (Pub. L. 89–329, title IV, § 481, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1476; amended Pub. L. 100–50, § 15(1), June 3, 1987, 101 Stat. 355; Pub. L. 101–239, title II, § 2007(b), (c), Dec. 19, 1989, 103 Stat. 2120, 2121; Pub. L. 101–508, title III, § 3005(b), Nov. 5, 1990, 104 Stat. 1388–28; Pub. L. 102–26, § 2(a)(2), (3), (d)(2)(A), Apr. 9, 1991, 105 Stat. 123, 124; Pub. L. 102–325, title IV, § 481, July 23, 1992, 106 Stat. 609; Pub. L. 103–208, § 2(h)(1)–(6), Dec. 20, 1993, 107 Stat. 2475, 2476; Pub. L. 105–216, § 12, July 29, 1998, 112 Stat. 908; Pub. L. 105–244, title I, § 101(c), Oct. 7, 1998, 112 Stat. 1617; Pub. L. 109–171, title VIII, §§ 8007(d), 8020(a), (b), Feb. 8, 2006, 120 Stat. 161, 177; Pub. L. 110–315, title IV, § 481, Aug. 14, 2008, 122 Stat. 3271; Pub. L. 111–39, title IV, § 407(b)(1), July 1, 2009, 123 Stat. 1950; Pub. L. 114–95, title IX, § 9215(oo)(10), Dec. 10, 2015, 129 Stat. 2180.) Editorial Notes PRIOR PROVISIONS A prior section 1088, Pub. L. 89–329, title IV, § 481, as added Pub. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1443, defined ‘‘institution of higher education’’ for this subchapter, prior to the general amendment of this part by Pub. L. 99–498. Another prior section 1088, Pub. L. 89–329, title IV, § 491, formerly § 461, as added Pub. L. 90–575, title I, § 151, Oct. 16, 1968, 82 Stat. 1032, renumbered § 491 and amend- ed Pub. L. 92–318, title I, §§ 131(c), 137(b), title X, § 1001(c)(3), June 23, 1972, 86 Stat. 259, 272, 381; amended Pub. L. 95–180, § 1(b), Nov. 15, 1977, 91 Stat. 1372; Pub. L. 95–566, § 6, Nov. 1, 1978, 92 Stat. 2403; Pub. L. 96–49, § 5(e), Aug. 13, 1979, 93 Stat. 352, defined terms for this sub- chapter, prior to the general revision of this part by Pub. L. 96–374. AMENDMENTS 2015—Subsec. (f). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of this title. 2009—Subsec. (c). Pub. L. 111–39 substituted ‘‘any State, or any private, for-profit or nonprofit organiza- tion,’’ for ‘‘or any State, or private, profit or nonprofit organization’’ in introductory provisions. 2008—Subsec. (a)(2)(B). Pub. L. 110–315, § 481(1), in- serted ‘‘and that measures program length in credit hours or clock hours’’ after ‘‘baccalaureate degree’’. Subsecs. (e), (f). Pub. L. 110–315, § 481(2), added sub- secs. (e) and (f). 2006—Subsec. (a)(2). Pub. L. 109–171, § 8020(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘For the purpose of any program under this subchapter, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time, and, with respect to an undergraduate course of study, shall re- quire that during such minimum period of instruc- tional time a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution that measures program length in credit hours, or at least 900 clock hours at an insti- tution that measures program length in clock hours. The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2- year or 4-year program of instruction for which the in- stitution awards an associate or baccalaureate degree.’’ Subsec. (b)(3), (4). Pub. L. 109–171, § 8020(b), added pars. (3) and (4). Subsec. (d). Pub. L. 109–171, § 8007(d), added subsec. (d). 1998—Pub. L. 105–244 redesignated subsecs. (d) to (f) as (a) to (c), respectively, and struck out former subsecs. (a) to (c) which defined the terms ‘‘institution of higher education’’, ‘‘proprietary institution of higher edu- cation’’, and ‘‘postsecondary vocational institution’’. See section 1002 of this title. Subsec. (a)(4). Pub. L. 105–216, which directed the amendment of par. (4), effective 1 year after July 29, 1998, by designating existing provisions as subpar. (A), redesignating former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and by adding subpar. (B) to read as follows: ‘‘Subparagraph (A)(i) shall not apply to a nonprofit institution whose primary func- tion is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or poli- cies) that files for bankruptcy under chapter 11 of title 11 between July 1, and December 31, 1998.’’, could not be executed because subsec. (a) did not contain a par. (4) subsequent to amendment by Pub. L. 105–244. See above. 1993—Subsec. (a)(3)(B). Pub. L. 103–208, § 2(h)(1), in- serted before semicolon at end ‘‘, except that the Sec- retary, at the request of such institution, may waive the applicability of this subparagraph to such institu- tion for good cause, as determined by the Secretary in the case of an institution of higher education that pro- vides a 2-year or 4-year program of instruction for which the institution awards an associate or bacca- laureate degree’’. Subsec. (a)(3)(D). Pub. L. 103–208, § 2(h)(2), substituted ‘‘do not have a high school diploma or its recognized equivalent’’ for ‘‘are admitted pursuant to section 1091(d) of this title’’ and inserted before period at end ‘‘, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institu- tion demonstrates to the satisfaction of the Secretary that it exceeds such limitation because it serves, through contracts with Federal, State, or local govern- ment agencies, significant numbers of students who do not have a high school diploma or its recognized equiv- alent’’. Subsec. (a)(4)(A). Pub. L. 103–208, § 2(h)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) Page 635 TITLE 20—EDUCATION § 1088 read as follows: ‘‘such institution has filed for bank- ruptcy; or’’. Subsec. (d)(2). Pub. L. 103–208, § 2(h)(4), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘For the purpose of any program under this sub- chapter, the term ‘academic year’ shall require a min- imum of 30 weeks of instructional time in which a full- time student is expected to complete at least 24 semes- ter or trimester hours or 36 quarter hours at an institu- tion which measures program length in credit hours or at least 900 clock hours at an institution which meas- ures program length in clock hours.’’ Subsec. (e)(2). Pub. L. 103–208, § 2(h)(5), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The Secretary shall develop regulations to de- termine the quality of programs of less than 600 clock hours in length. Such regulations shall require, at a minimum, that the programs have a verified rate of completion of at least 70 percent and a verified rate of placement of at least 70 percent. Pursuant to these reg- ulations and notwithstanding paragraph (1), the Sec- retary shall allow programs of less than 600 clock hours, but greater than 300 clock hours, in length to be eligible to participate in the programs authorized under part B of this subchapter.’’ Subsec. (f). Pub. L. 103–208, § 2(h)(6), substituted ‘‘indi- vidual, or any State,’’ for ‘‘State’’ in introductory pro- visions. 1992—Pub. L. 102–325, § 481(a), amended section catch- line. Subsec. (a). Pub. L. 102–325, § 481(a), added subsec. (a) and struck out former subsec. (a) which contained pars. (1) and (2) defining ‘‘institution of higher education’’ and ‘‘accredited’’ and par. (3) which related to recogni- tion of accreditation of eligible institutions of higher education. Subsec. (b). Pub. L. 102–325, § 481(b)(4), struck out at end ‘‘For the purpose of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reli- able authority as to the quality of training offered.’’ Subsec. (b)(1). Pub. L. 102–325, § 481(b)(1), substituted ‘‘an eligible program’’ for ‘‘not less than a 6-month pro- gram’’. Subsec. (b)(4). Pub. L. 102–325, § 481(b)(2), substituted ‘‘pursuant to part H of this subchapter,’’ for ‘‘for this purpose, and’’. Subsec. (b)(5), (6). Pub. L. 102–325, § 481(b)(3), sub- stituted ‘‘years, and’’ for ‘‘years.’’ in cl. (5) and added cl. (6). Subsec. (c)(1). Pub. L. 102–325, § 481(c), substituted ‘‘an eligible program’’ for ‘‘not less than a six-month pro- gram’’. Subsec. (d). Pub. L. 102–325, § 481(d), inserted ‘‘and award’’ after ‘‘Academic’’ in heading and amended text generally. Prior to amendment, text read as follows: ‘‘For the purpose of any program under this sub- chapter, the term ‘academic year’ shall be defined by the Secretary by regulation.’’ Subsec. (e). Pub. L. 102–325, § 481(e), amended subsec. (e) generally, substituting provisions relating to eligi- ble program for provisions relating to impact of loss of accreditation. Subsec. (f). Pub. L. 102–325, § 481(f), added subsec. (f). 1991—Subsec. (b). Pub. L. 102–26, § 2(d)(2)(A), repealed Pub. L. 101–508, § 3005(b). See 1990 Amendment note below. Pub. L. 102–26, § 2(a)(2), struck out ‘‘and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training of- fered by the institution’’ before period at end of second sentence, and struck out at end ‘‘The Secretary shall not promulgate regulations defining the admissions procedures or remediation programs that must be used by an institution in admitting students on the basis of their ability to benefit from the training offered and shall not, as a condition of recognition under section 413(e) of this Act, impose upon any accrediting body or bodies standards which are different or more restrictive than the standards provided in this subsection.’’ Subsec. (c). Pub. L. 102–26, § 2(a)(3), struck out before period at end ‘‘and who have the ability to benefit (as determined by the institution under section 1091(d) of this title) from the training offered by the institution’’. 1990—Subsec. (b). Pub. L. 101–508, which inserted ‘‘, except in accordance with section 1091(d) of this title,’’ after ‘‘shall not’’ in fourth sentence, was re- pealed by Pub. L. 102–26, § 2(d)(2)(A). See Construction of 1991 Amendment note below. 1989—Subsec. (a)(1). Pub. L. 101–239, § 2007(b)(1), sub- stituted ‘‘Subject to subsection (e) of this section, for the purpose’’ for ‘‘For the purpose’’. Subsec. (a)(3). Pub. L. 101–239, § 2007(c), added par. (3). Subsec. (e). Pub. L. 101–239, § 2007(b)(2), added subsec. (e). 1987—Subsec. (c). Pub. L. 100–50 substituted ‘‘section 1091(d) of this title’’ for ‘‘subsection (d) of this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. 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 2006 AMENDMENT Amendment by Pub. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title. Amendment by section 8007(d) of Pub. L. 109–171 ap- plicable with respect to all loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), see section 8007(f) of Pub. L. 109–171, set out as a note under section 1078 of this title. EFFECTIVE DATE OF 1998 AMENDMENTS 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. Amendment by Pub. L. 105–216 effective 1 year after July 29, 1998, see section 13 of Pub. L. 105–216, set out as an Effective Date note under section 4901 of Title 12, Banks and Banking. 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 1992 AMENDMENT Pub. L. 102–325, title IV, § 498, July 23, 1992, 106 Stat. 634, provided that: ‘‘The changes made in part G of title IV of the Act [20 U.S.C. 1088 et seq.] by the amendments made by this part [part G (§§ 481–498) of title IV of Pub. L. 102–325, enacting sections 1091b, 1092c, 1094a, 1094b, 1098a, and 1098b of this title, amending sections 1088 to 1091, 1092, 1092b, 1093, 1094, 1095, 1096, 1097, and 1098 of this title, and repealing section 1096a of this title] shall take effect on the date of enactment of this Act [July 23, 1992], except that— ‘‘(1) as otherwise provided in such part G; ‘‘(2) the changes in section 481(a) [20 U.S.C. 1088(a)], relating to the definition of institution of higher edu- cation, other than paragraph (4) of such section, shall be effective on and after October 1, 1992; ‘‘(3) section 481(e) as added by such amendments, re- lating to the definition of eligible program, shall be effective on and after July 1, 1993; Page 636 TITLE 20—EDUCATION § 1088a ‘‘(4) section 484(m)(1) [20 U.S.C. 1091(m)(1)], relating to proportion of courses permitted to be correspond- ence courses, as added by such amendments shall be effective on and after October 1, 1992; ‘‘(5) the changes in section 485 [20 U.S.C. 1092], re- lating to disclosures, shall be effective with respect to periods of enrollment beginning on or after July 1, 1993; ‘‘(6) the changes in section 488 [20 U.S.C. 1095], re- lating to transfers of allotments, shall apply with re- spect to funds provided for award years beginning on or after July 1, 1993; and ‘‘(7) the changes in section 489 [20 U.S.C. 1096], re- lating to payments for administrative expenses, shall apply with respect to funds provided for award years beginning on or after July 1, 1993.’’ EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–26 applicable to any grant, loan, or work assistance to cover the cost of instruc- tion for periods of enrollment beginning on or after July 1, 1991, see section 2(d)(1) of Pub. L. 102–26, set out as a note under section 1085 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Section 3005(c) of Pub. L. 101–508, which provided that the amendments made by section 3005 (amending this section and section 1091 of this title) were to apply to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after Jan. 1, 1991, was repealed by section 2(d)(2)(A) of Pub. L. 102–26. See Construction of 1991 Amendment note below. 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. CONSTRUCTION OF 2006 AMENDMENT Nothing in amendment by section 8007(d) of Pub. L. 109–171 to be construed to authorize any refunding of any repayment of a loan, see section 8007(e) of Pub. L. 109–171, set out as a note under section 1078 of this title. CONSTRUCTION OF 1991 AMENDMENT Pub. L. 102–26, § 2(d)(2)(A), Apr. 9, 1991, 105 Stat. 124, provided that: ‘‘Section 3005 of the Omnibus Reconcili- ation Act of 1990 [Pub. L. 101–508, amending this section and section 1091 of this title and enacting provisions set out as a note above] is repealed. Sections 484(d) and 481(b) of the Act [20 U.S.C. 1091(d), 1088(b)] shall be ap- plied as if such section 3005 had not been enacted.’’ NEED-BASED AID Pub. L. 102–325, title XV, § 1544, July 23, 1992, 106 Stat. 837, authorized institutions of higher education to vol- untarily agree with other such institutions to award fi- nancial aid not awarded under this chapter to students attending such institutions only on basis of dem- onstrated financial need for such aid, and to discuss and adopt principles of professional judgment for deter- mining student financial need for such aid, with excep- tions for cases pending on July 23, 1992, and for discus- sions or agreements on prospective financial aid awards to specific common applicants, and provided that such authorization was to expire on Sept. 30, 1994, prior to repeal by Pub. L. 103–382, title V, § 568(e)(2), Oct. 20, 1994, 108 Stat. 4061. See section 568(a)–(d) of Pub. L. 103–382, set out as a note under section 1 of Title 15, Commerce and Trade. § 1088a. Clock and credit hour treatment of di- ploma nursing schools Notwithstanding any other provision of this chapter, any regulations promulgated by the Secretary concerning the relationship between clock hours and semester, trimester, or quarter hours in calculating student grant, loan, or work assistance under this subchapter, shall not apply to a public or private nonprofit hospital- based school of nursing that awards a diploma at the completion of the school’s program of edu- cation. (Pub. L. 89–329, title IV, § 481A, as added Pub. L. 103–382, title III, § 360(a), Oct. 20, 1994, 108 Stat. 3969.) Editorial Notes PRIOR PROVISIONS Prior sections 1088a to 1088g were omitted in the gen- eral amendment of this part by Pub. L. 96–374. Section 1088a, Pub. L. 89–329, title IV, § 492, formerly § 462, as added Pub. L. 90–575, title I, § 151, Oct. 16, 1968, 82 Stat. 1032; renumbered § 492, Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 272, related to the eligi- bility of residents of the Trust Territory of the Pacific Islands. See section 1091(b) of this title. Section 1088b, Pub. L. 89–329, title IV, § 493, formerly § 463, as added Pub. L. 90–575, title I, § 152, Oct. 16, 1968, 82 Stat. 1033; renumbered § 493, Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 272; amended Pub. L. 94–482, title I, § 131(a), Oct. 12, 1976, 90 Stat. 2147; Pub. L. 95–43, § 1(a)(40), June 15, 1977, 91 Stat. 217, related to ad- ministration expenses. See section 1096 of this title. Section 1088b–1, Pub. L. 89–329, title IV, § 493A, as added Pub. L. 94–482, title I, § 131(b), Oct. 12, 1976, 90 Stat. 2148, related to institutional and financial assist- ance information for students. See section 1092 of this title. Section 1088b–2, Pub. L. 89–329, title IV, § 493B, as added Pub. L. 94–482, title I, § 131(b), Oct. 12, 1976, 90 Stat. 2149, related to student aid information services. Section 1088b–3, Pub. L. 89–329, title IV, § 493C, as added Pub. L. 94–482, title I, § 131(b), Oct. 12, 1976, 90 Stat. 2149, related to the student financial assistance training program. Section 1088c, Pub. L. 89–329, title IV, § 494, formerly § 464, as added Pub. L. 90–575, title I, § 152, Oct. 16, 1968, 82 Stat. 1033; renumbered § 494 and amended Pub. L. 92–318, title I, §§ 137(b), 138(a), June 23, 1972, 86 Stat. 272, 280, related to maintenance of effort requirement. Section 1088d, Pub. L. 89–329, title IV, § 495, as added Pub. L. 92–318, title I, § 139, June 23, 1972, 86 Stat. 280; amended S. Res. 4, Feb. 4, 1977; S. Res. 30, Mar. 7, 1979, related to requirement that copies of rules, regulations, instructions, and application forms be supplied to Con- gressional committees. Section 1088e, Pub. L. 89–329, title IV, § 496, as added Pub. L. 92–318, title I, § 139A(a), June 23, 1972, 86 Stat. 281, related to transfer of funds between programs. See section 1095 of this title. Section 1088f, Pub. L. 89–329, title IV, § 497, as added Pub. L. 92–318, title I, § 139B(a), June 23, 1972, 86 Stat. 281; amended Pub. L. 94–482, title I, § 132, Oct. 12, 1976, 90 Stat. 2150; Pub. L. 95–566, § 7, Nov. 1, 1978, 92 Stat. 2404, related to eligibility for student assistance. See section 1091 of this title. Section 1088f–1, Pub. L. 89–329, title IV, § 497A, as added Pub. L. 94–482, title I, § 133(a), Oct. 12, 1976, 90 Stat. 2150; amended Pub. L. 95–43, § 1(a)(41), June 15, 1977, 91 Stat. 217; Pub. L. 95–561, title XII, § 1231(b), Nov. 1, 1978, 92 Stat. 2346, related to fiscal eligibility of insti- tutions. Section 1088g, Pub. L. 89–329, title IV, § 498, as added Pub. L. 92–318, title I, § 139C(a), June 23, 1972, 86 Stat. 282, related to requirement of an affidavit of edu- cational purpose. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–382, title III, § 360(b), Oct. 20, 1994, 108 Stat. 3969, provided that: ‘‘Subsection (a) [enacting this sec-