20 U.S.C. § 1091 — Student eligibility

Page 649 TITLE 20—EDUCATION § 1091 1 See References in Text note below. under which such students may be eligible to receive assistance.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 113–76, div. H, title III, § 310, Jan. 17, 2014, 128 Stat. 400. DELAYED IMPLEMENTATION OF EZ FAFSA Pub. L. 111–39, title IV, § 407(a), July 1, 2009, 123 Stat. 1950, provided that: ‘‘Notwithstanding any other provi- sion of law, the Secretary of Education shall be re- quired to carry out the requirements under the fol- lowing provisions of section 483 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1090) only for academic year 2010–2011 and subsequent academic years: ‘‘(1) In subsection (a) of such section— ‘‘(A) subparagraphs (A)(i) and (B) of paragraph (2); ‘‘(B) in paragraph (3)— ‘‘(i) the second sentence of subparagraph (A); ‘‘(ii) clauses (i) and (ii) of subparagraph (B); and ‘‘(iii) subparagraph (C); ‘‘(C) paragraph (4)(A)(iv); and ‘‘(D) paragraph (5)(E). ‘‘(2) Subsection (h) of such section.’’ § 1091. Student eligibility (a) In general In order to receive any grant, loan, or work as- sistance under this subchapter, a student must— (1) be enrolled or accepted for enrollment in a degree, certificate, or other program (includ- ing a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an institution of higher education that is an eligible institution in accordance with the provisions of section 1094 of this title, except as provided in sub- sections (b)(3) and (b)(4), and not be enrolled in an elementary or secondary school; (2) if the student is presently enrolled at an institution, be maintaining satisfactory progress in the course of study the student is pursuing in accordance with the provisions of subsection (c);(q) (3) not owe a refund on grants previously re- ceived at any institution under this sub- chapter, or be in default on any loan from a student loan fund at any institution provided for in part E, or a loan made, insured, or guar- anteed by the Secretary under this subchapter for attendance at any institution; (4) file with the Secretary, as part of the original financial aid application process, a certification, which need not be notarized, but which shall include— (A) a statement of educational purpose 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 (B) such student’s social security number; (5) be a citizen or national of the United States, a permanent resident of the United States, or 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 be- coming a citizen or permanent resident; and (6) if the student has been convicted of, or has pled nolo contendere or guilty to, a crime involving fraud in obtaining funds under this subchapter, have completed the repayment of such funds to the Secretary, or to the holder in the case of a loan under this subchapter ob- tained by fraud. (b) Eligibility for student loans (1) In order to be eligible to receive any loan under this subchapter (other than a loan under section 1078–2 or 1078–3 of this title, or under sec- tion 1078–8 of this title pursuant to an exercise of discretion under section 1087tt of this title) for any period of enrollment, a student who is not a graduate or professional student (as de- fined in regulations of the Secretary), and who is enrolled in a program at an institution which has a participation agreement with the Sec- retary to make awards under subpart 1 of part A of this subchapter, shall— (A)(i) have received a determination of eligi- bility or ineligibility for a Pell Grant under such subpart 1 for such period of enrollment; and (ii) if determined to be eligible, have filed an application for a Pell Grant for such enroll- ment period; or (B) have (i) filed an application with the Pell Grant processor for such institution for such enrollment period, and (ii) received from the financial aid administrator of the institution a preliminary determination of the student’s eligibility or ineligibility for a grant under such subpart 1. (2) In order to be eligible to receive any loan under section 1078–1 1 of this title for any period of enrollment, a student shall— (A) have received a determination of need for a loan under section 1078(a)(2)(B) of this title; (B) if determined to have need for a loan under section 1078 of this title, have applied for such a loan; and (C) has applied for a loan under section 1078–8 of this title, if such student is eligible to apply for such a loan. (3) A student who— (A) is carrying at least one-half the normal full-time work load for the course of study that the student is pursuing, as determined by an eligible institution, and (B) is enrolled in a course of study necessary for enrollment in a program leading to a de- gree or certificate, shall be, notwithstanding paragraph (1) of sub- section (a), eligible to apply for loans under part B or D of this subchapter. The eligibility de- scribed in this paragraph shall be restricted to one 12-month period. (4) A student who— (A) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the in- stitution, and (B) is enrolled or accepted for enrollment in a program at an eligible institution necessary for a professional credential or certification from a State that is required for employment as a teacher in an elementary or secondary school in that State, Page 650 TITLE 20—EDUCATION § 1091 shall be, notwithstanding paragraph (1) of sub- section (a), eligible to apply for loans under part B, D, or E or work-study assistance under part C of this subchapter. (5) Notwithstanding any other provision of this subsection, no incarcerated student is eligi- ble to receive a loan under this subchapter. (c) Satisfactory progress (1) For the purpose of subsection (a)(2), a stu- dent is maintaining satisfactory progress if— (A) the institution at which the student is in attendance, reviews the progress of the stu- dent at the end of each academic year, or its equivalent, as determined by the institution, and (B) the student has a cumulative C average, or its equivalent or academic standing con- sistent with the requirements for graduation, as determined by the institution, at the end of the second such academic year. (2) Whenever a student fails to meet the eligi- bility requirements of subsection (a)(2) as a re- sult of the application of this subsection and subsequent to that failure the student has aca- demic standing consistent with the require- ments for graduation, as determined by the in- stitution, for any grading period, the student may, subject to this subsection, again be eligible under subsection (a)(2) for a grant, loan, or work assistance under this subchapter. (3) Any institution of higher education at which the student is in attendance may waive the provisions of paragraph (1) or paragraph (2) of this subsection for undue hardship based on— (A) the death of a relative of the student, (B) the personal injury or illness of the stu- dent, or (C) special circumstances as determined by the institution. (d) Students who are not high school graduates (1) Student eligibility In order for a student who does not have a certificate of graduation from a school pro- viding 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 sub- chapter, the student shall meet the require- ments of one of the following subparagraphs: (A) The student is enrolled in an eligible career pathway program and meets one of the following standards: (i) The student shall take an independ- ently administered examination and shall achieve a score, specified by the Secretary, demonstrating that such student can ben- efit from the education or training being offered. Such examination shall be ap- proved by the Secretary on the basis of compliance with such standards for devel- opment, administration, and scoring as the Secretary may prescribe in regulations. (ii) The student shall be determined as having the ability to benefit from the edu- cation or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of sub- mission to the Secretary unless the Sec- retary disapproves such process. In deter- mining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without secondary school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions. (iii) The student shall be determined by the institution of higher education as hav- ing the ability to benefit from the edu- cation or training offered by the institu- tion of higher education upon satisfactory completion of 6 credit hours or the equiva- lent coursework that are applicable to- ward a degree or certificate offered by the institution of higher education. (B) The student has completed a secondary school education in a home school setting that is treated as a home school or private school under State law. (2) Eligible career pathway program In this subsection, the term ‘‘eligible career pathway program’’ means a program that combines rigorous and high-quality education, training, and other services that— (A) aligns with the skill needs of indus- tries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or post- secondary education options, including ap- prenticeships registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (referred to individually in this chapter as an ‘‘appren- ticeship’’, except in section 171); 1 (C) includes counseling to support an indi- vidual in achieving the individual’s edu- cation and career goals; (D) includes, as appropriate, education of- fered concurrently with and in the same con- text as workforce preparation activities and training for a specific occupation or occupa- tional cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that acceler- ates the educational and career advance- ment of the individual to the extent prac- ticable; (F) enables an individual to attain a sec- ondary school diploma or its recognized equivalent, and at least 1 recognized postsec- ondary credential; and (G) helps an individual enter or advance within a specific occupation or occupational cluster. (e) Certification for GSL eligibility Each eligible institution may certify student eligibility for a loan by an eligible lender under part B of this subchapter prior to completing the review for accuracy of the information sub- Page 651 TITLE 20—EDUCATION § 1091 mitted by the applicant required by regulations issued under this subchapter, if— (1) checks for the loans are mailed to the eli- gible institution prior to disbursements; (2) the disbursement is not made until the review is complete; and (3) the eligible institution has no evidence or documentation on which the institution may base a determination that the information submitted by the applicant is incorrect. (f) Loss of eligibility for violation of loan limits (1) No student shall be eligible to receive any grant, loan, or work assistance under this sub- chapter if the eligible institution determines that the student fraudulently borrowed in viola- tion of the annual loan limits under part B, part D, or part E of this subchapter in the same aca- demic year, or if the student fraudulently bor- rowed in excess of the aggregate maximum loan limits under such part B, part D, or part E. (2) If the institution determines that the stu- dent inadvertently borrowed amounts in excess of such annual or aggregate maximum loan lim- its, such institution shall allow the student to repay any amount borrowed in excess of such limits prior to certifying the student’s eligi- bility for further assistance under this sub- chapter. (g) Verification of immigration status (1) In general The Secretary shall implement a system under which the statements and supporting documentation, if required, of an individual declaring that such individual is in compli- ance with the requirements of subsection (a)(5) shall be verified prior to the individual’s re- ceipt of a grant, loan, or work assistance under this subchapter. (2) Special rule The documents collected and maintained by an eligible institution in the admission of a student to the institution may be used by the student in lieu of the documents used to estab- lish both employment authorization and iden- tity under section 1324a(b)(1)(B) of title 8 to verify eligibility to participate in work-study programs under part C of this subchapter. (3) Verification mechanisms The Secretary is authorized to verify such statements and supporting documentation through a data match, using an automated or other system, with other Federal agencies that may be in possession of information rel- evant to such statements and supporting docu- mentation. (4) Review In the case of such an individual who is not a citizen or national of the United States, if the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)— (A) the institution— (i) shall provide a reasonable oppor- tunity to submit to the institution evi- dence indicating a satisfactory immigra- tion status, and (ii) may not delay, deny, reduce, or ter- minate the individual’s eligibility for the grant, loan, or work assistance on the basis of the individual’s immigration sta- tus until such a reasonable opportunity has been provided; and (B) if there are submitted documents which the institution determines constitute reasonable evidence indicating such status— (i) the institution shall transmit to the Immigration and Naturalization Service either photostatic or other similar copies of such documents, or information from such documents, as specified by the Immi- gration and Naturalization Service, for of- ficial verification, (ii) pending such verification, the insti- tution may not delay, deny, reduce, or ter- minate the individual’s eligibility for the grant, loan, or work assistance on the basis of the individual’s immigration sta- tus, and (iii) the institution shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification. (h) Limitations of enforcement actions against institutions The Secretary shall not take any compliance, disallowance, penalty, or other regulatory ac- tion against an institution of higher education with respect to any error in the institution’s de- termination to make a student eligible for a grant, loan, or work assistance based on citizen- ship or immigration status— (1) if the institution has provided such eligi- bility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service, (2) because the institution, under subsection (g)(4)(A)(i), was required to provide a reason- able opportunity to submit documentation, or (3) because the institution, under subsection (g)(4)(B)(i), was required to wait for the re- sponse of the Immigration and Naturalization Service to the institution’s request for official verification of the immigration status of the student. (i) Validity of loan guarantees for loan payments made before immigration status verification completed Notwithstanding subsection (h),1 if— (1) a guaranty is made under this subchapter for a loan made with respect to an individual, (2) at the time the guaranty is entered into, the provisions of subsection (h) 1 had been complied with, (3) amounts are paid under the loan subject to such guaranty, and (4) there is a subsequent determination that, because of an unsatisfactory immigration sta- tus, the individual is not eligible for the loan, the official of the institution making the deter- mination shall notify and instruct the entity making the loan to cease further payments under the loan, but such guaranty shall not be voided or otherwise nullified with respect to Page 652 TITLE 20—EDUCATION § 1091 such payments made before the date the entity receives the notice. (j) Repealed. Pub. L. 110–315, title IV, § 485(a)(4), Aug. 14, 2008, 122 Stat. 3288 (k) Special rule for correspondence courses A student shall not be eligible to receive grant, loan, or work assistance under this sub- chapter for a correspondence course unless such course is part of a program leading to an asso- ciate, bachelor or graduate degree. (l) Courses offered through distance education (1) Relation to correspondence courses (A) In general A student enrolled in a course of instruc- tion at an institution of higher education that is offered principally through distance education and leads to a recognized certifi- cate, or recognized associate, recognized baccalaureate, or recognized graduate de- gree, conferred by such institution, shall not be considered to be enrolled in correspond- ence courses. (B) Exception An institution of higher education referred to in subparagraph (A) shall not include an institution or school described in section 2302(3)(C) of this title. (2) Reductions of financial aid A student’s eligibility to receive grants, loans, or work assistance under this sub- chapter shall be reduced if a financial aid offi- cer determines under the discretionary au- thority provided in section 1087tt of this title that distance education results in a substan- tially reduced cost of attendance to such stu- dent. (3) Special rule For award years beginning prior to July 1, 2008, the Secretary shall not take any compli- ance, disallowance, penalty, or other action based on a violation of this subsection against a student or an eligible institution when such action arises out of such institution’s prior award of student assistance under this sub- chapter if the institution demonstrates to the satisfaction of the Secretary that its course of instruction would have been in conformance with the requirements of this subsection. (m) Students with a first baccalaureate or pro- fessional degree A student shall not be ineligible for assistance under parts B, C, D, and E of this subchapter be- cause such student has previously received a baccalaureate or professional degree. (n) Study abroad Nothing in this chapter shall be construed to limit or otherwise prohibit access to study abroad programs approved by the home institu- tion at which a student is enrolled. An otherwise eligible student who is engaged in a program of study abroad approved for academic credit by the home institution at which the student is en- rolled shall be eligible to receive grant, loan, or work assistance under this subchapter, without regard to whether such study abroad program is required as part of the student’s degree pro- gram. (o) Verification of social security number The Secretary of Education, in cooperation with the Commissioner of the Social Security Administration, shall verify any social security number provided by a student to an eligible in- stitution under subsection (a)(4) and shall en- force the following conditions: (1) Except as provided in paragraphs (2) and (3), an institution shall not deny, reduce, delay, or terminate a student’s eligibility for assistance under this part because social secu- rity number verification is pending. (2) If there is a determination by the Sec- retary that the social security number pro- vided to an eligible institution by a student is incorrect, the institution shall deny or termi- nate the student’s eligibility for any grant, loan, or work assistance under this subchapter until such time as the student provides docu- mented evidence of a social security number that is determined by the institution to be correct. (3) If there is a determination by the Sec- retary that the social security number pro- vided to an eligible institution by a student is incorrect, and a correct social security num- ber cannot be provided by such student, and a loan has been guaranteed for such student under part B of this subchapter, the institu- tion shall notify and instruct the lender and guaranty agency making and guaranteeing the loan, respectively, to cease further disburse- ments of the loan, but such guaranty shall not be voided or otherwise nullified with respect to such disbursements made before the date that the lender and the guaranty agency re- ceives such notice. (4) Nothing in this subsection shall permit the Secretary to take any compliance, dis- allowance, penalty, or other regulatory action against— (A) any institution of higher education with respect to any error in a social security number, unless such error was a result of fraud on the part of the institution; or (B) any student with respect to any error in a social security number, unless such error was a result of fraud on the part of the student. (p) Use of income data with IRS The Secretary, in cooperation with the Sec- retary of the Treasury, shall fulfill the data transfer requirements under section 6103(l)(13) of title 26 and the procedure and requirements out- lined in section 1098h of this title. (q) Students with intellectual disabilities (1) Definitions In this subsection the terms ‘‘comprehensive transition and postsecondary program for stu- dents with intellectual disabilities’’ and ‘‘stu- dent with an intellectual disability’’ have the meanings given the terms in section 1140 of this title. (2) Requirements Notwithstanding subsections (a), (c), and (d), in order to receive any grant or work assist- Page 653 TITLE 20—EDUCATION § 1091 ance under section 1070a of this title, subpart 3 of part A, or part C, a student with an intel- lectual disability shall— (A) be enrolled or accepted for enrollment in a comprehensive transition and postsec- ondary program for students with intellec- tual disabilities at an institution of higher education; (B) be maintaining satisfactory progress in the program as determined by the institu- tion, in accordance with standards estab- lished by the institution; and (C) meet the requirements of paragraphs (3), (4), (5), and (6) of subsection (a). (3) Authority Notwithstanding any other provision of law unless such provision is enacted with specific reference to this section, the Secretary is au- thorized to waive any statutory provision ap- plicable to the student financial assistance programs under section 1070a of this title, sub- part 3 of part A, or part C (other than a provi- sion of part F related to such a program), or any institutional eligibility provisions of this subchapter, as the Secretary determines nec- essary to ensure that programs enrolling stu- dents with intellectual disabilities otherwise determined to be eligible under this subsection may receive such financial assistance. (4) Regulations Notwithstanding regulations applicable to grant or work assistance awards made under section 1070a of this title, subpart 3 of part A, and part C (other than a regulation under part F related to such an award), including with re- spect to eligible programs, instructional time, credit status, and enrollment status as de- scribed in section 1088 of this title, the Sec- retary shall promulgate regulations allowing programs enrolling students with intellectual disabilities otherwise determined to be eligi- ble under this subsection to receive such awards. (r) Data analysis on access to Federal student aid for certain populations (1) Development of the system Within one year of August 14, 2008, the Sec- retary shall analyze data from the FAFSA containing information regarding the number, characteristics, and circumstances of students denied Federal student aid based on a drug conviction while receiving Federal aid. (2) Results from analysis The results from the analysis of such infor- mation shall be made available on a contin- uous basis via the Department website and the Digest of Education Statistics. (3) Data updating The data analyzed under this subsection shall be updated at the beginning of each award year and at least one additional time during such award year. (4) Report to Congress The Secretary shall prepare and submit to the authorizing committees, in each fiscal year, a report describing the results obtained by the establishment and operation of the data system authorized by this subsection. (s) Exception to required registration with the Selective Service System Notwithstanding section 3811(f) of title 50, an individual shall not be ineligible for assistance or a benefit provided under this subchapter if the individual is required under section 3802 of title 50 to present himself for and submit to reg- istration under such section and fails to do so in accordance with any proclamation issued under such section, or in accordance with any rule or regulation issued under such section. (t) Confined or incarcerated individuals (1) Definitions In this subsection: (A) Confined or incarcerated individual The term ‘‘confined or incarcerated indi- vidual’’— (i) means an individual who is serving a criminal sentence in a Federal, State, or local penal institution, prison, jail, re- formatory, work farm, or other similar correctional institution; and (ii) does not include an individual who is in a halfway house or home detention or is sentenced to serve only weekends. (B) Prison education program The term ‘‘prison education program’’ means an education or training program that— (i) is an eligible program under this sub- chapter offered by an institution of higher education (as defined in section 1001 or 1002(a)(1)(B) of this title); (ii) is offered by an institution that has been approved to operate in a correctional facility by the appropriate State depart- ment of corrections or other entity that is responsible for overseeing correctional fa- cilities, or by the Bureau of Prisons; (iii) has been determined by the appro- priate State department of corrections or other entity that is responsible for over- seeing correctional facilities, or by the Bu- reau of Prisons, to be operating in the best interest of students, the determination of which shall be made by the State depart- ment of corrections or other entity or by the Bureau of Prisons, respectively, and may be based on— (I) rates of confined or incarcerated in- dividuals continuing their education post-release; (II) job placement rates for such indi- viduals; (III) earnings for such individuals; (IV) rates of recidivism for such indi- viduals; (V) the experience, credentials, and rates of turnover or departure of instruc- tors; (VI) the transferability of credits for courses available to confined or incarcer- ated individuals and the applicability of such credits toward related degree or certificate programs; or (VII) offering relevant academic and career advising services to participating confined or incarcerated individuals Page 654 TITLE 20—EDUCATION § 1091 while they are confined or incarcerated, in advance of reentry, and upon release; (iv) offers transferability of credits to at least 1 institution of higher education (as defined in section 1001 or 1002(a)(1)(B) of this title) in the State in which the correc- tional facility is located, or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release; (v) is offered by an institution that has not been subject, during the 5 years pre- ceding the date of the determination, to— (I) any suspension, emergency action, or termination of programs under this subchapter; (II) any adverse action by the institu- tion’s accrediting agency or association; or (III) any action by the State to revoke a license or other authority to operate; (vi) satisfies any applicable educational requirements for professional licensure or certification, including licensure or cer- tification examinations needed to practice or find employment in the sectors or occu- pations for which the program prepares the individual, in the State in which the correctional facility is located or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release; and (vii) does not offer education that is de- signed to lead to licensure or employment for a specific job or occupation in the State if such job or occupation typically involves prohibitions on the licensure or employment of formerly incarcerated indi- viduals in the State in which the correc- tional facility is located, or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release. (2) Technical assistance The Secretary, in collaboration with the At- torney General, shall provide technical assist- ance and guidance to the Bureau of Prisons, State departments of corrections, and other entities that are responsible for overseeing correctional facilities in making determina- tions under paragraph (1)(B)(iii). (3) Federal Pell Grant eligibility Notwithstanding subsection (a), in order for a confined or incarcerated individual who oth- erwise meets the eligibility requirements of this subchapter to be eligible to receive a Fed- eral Pell Grant under section 1070a of this title, the individual shall be enrolled or ac- cepted for enrollment in a prison education program. (4) Evaluation (A) In general Not later than 1 year after December 27, 2020, in order to evaluate and improve the impact of activities supported under this subsection, the Secretary, in partnership with the Director of the Institute of Edu- cation Sciences, shall award 1 or more grants or contracts to, or enter into coopera- tive agreements with, experienced public and private institutions and organizations to enable the institutions and organizations to conduct an external evaluation that shall— (i) assess the ability of confined or incar- cerated individuals to access and complete the Free Application for Federal Student Aid; (ii) examine in-custody outcomes and post-release outcomes related to providing Federal Pell Grants to confined or incar- cerated individuals, including— (I) attainment of a postsecondary de- gree or credential; (II) safety in penal institutions with prison education programs; (III) the size of waiting lists for prison education programs; (IV) the extent to which such individ- uals continue their education post-re- lease; (V) employment and earnings out- comes for such individuals; and (VI) rates of recidivism for such indi- viduals; (iii) track individuals who received Fed- eral Pell Grants under subpart 1 of part A at 1, 3, and 5 years after the individuals’ release from confinement or incarceration; and (iv) examine the extent to which institu- tions provide re-entry or relevant career services to participating confined or incar- cerated individuals as part of the prison education program and the efficacy of such services, if offered. (B) Report Beginning not later than 1 year after the Secretary awards the grant, contract, or co- operative agreement described in subpara- graph (A) and annually thereafter, each in- stitution of higher education operating a prison education program under this sub- section shall submit a report to the Sec- retary on activities assisted and students served under this subsection, which shall in- clude the information, as applicable, con- tained in clauses (i) through (iv) of subpara- graph (A). (5) Report Not later than 1 year after December 27, 2020, and on at least an annual basis there- after, the Secretary shall submit to the au- thorizing committees, and make publicly available on the website of the Department, a report on the— (A) impact of this subsection which shall include, at a minimum— (i) the names and types of institutions of higher education offering prison education programs at which confined or incarcer- ated individuals are enrolled and receiving Federal Pell Grants; (ii) the number of confined or incarcer- ated individuals receiving Federal Pell Page 655 TITLE 20—EDUCATION § 1091 Grants through each prison education pro- gram; (iii) the amount of Federal Pell Grant expenditures for each prison education program; (iv) the average amount of Federal Pell Grant expenditures per full-time equiva- lent students in a prison education pro- gram compared to the average amount of Federal Pell Grant expenditures per full- time equivalent students not in prison education programs; (v) the demographics of confined or in- carcerated individuals receiving Federal Pell Grants; (vi) the cost of attendance for such indi- viduals; (vii) the mode of instruction (such as dis- tance education, in-person instruction, or a combination of such modes) for each prison education program; (viii) information on the academic out- comes of such individuals (such as credits attempted and earned, and credential and degree completion) and any information available from student satisfaction sur- veys conducted by the applicable institu- tion or correctional facility; (ix) information on post-release out- comes of such individuals, including, to the extent practicable, continued postsec- ondary enrollment, earnings, credit trans- fer, and job placement; (x) rates of recidivism for confined or in- carcerated individuals receiving Federal Pell Grants; (xi) information on transfers of confined or incarcerated individuals between prison education programs; (xii) the most common programs and courses offered in prison education pro- grams; and (xiii) rates of instructor turnover or de- parture for courses offered in prison edu- cation programs; (B) results of each prison education pro- gram at each institution of higher edu- cation, including the information described in clauses (ii) through (xiii) of subparagraph (A); and (C) findings regarding best practices with respect to prison education programs. (Pub. L. 89–329, title IV, § 484, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1479; amended Pub. L. 99–603, title I, § 121(a)(3), Nov. 6, 1986, 100 Stat. 3388; Pub. L. 100–50, § 15(7)–(9), June 3, 1987, 101 Stat. 356, 357; Pub. L. 100–369, §§ 1, 2, 6, July 18, 1988, 102 Stat. 835, 836; Pub. L. 100–525, § 2(g), Oct. 24, 1988, 102 Stat. 2611; Pub. L. 101–508, title III, § 3005(a), Nov. 5, 1990, 104 Stat. 1388–27; Pub. L. 102–26, § 2(b), (c)(2), (d)(2)(A), Apr. 9, 1991, 105 Stat. 123, 124; Pub. L. 102–73, title VIII, § 801(a), July 25, 1991, 105 Stat. 359; Pub. L. 102–325, title IV, § 484(a), (b)(1), (c)–(h), July 23, 1992, 106 Stat. 615–619; Pub. L. 103–208, § 2(h)(13)–(25), Dec. 20, 1993, 107 Stat. 2476, 2477; Pub. L. 103–382, title III, § 360A, Oct. 20, 1994, 108 Stat. 3969; Pub. L. 104–208, div. C, title V, § 507(b), Sept. 30, 1996, 110 Stat. 3009–673; Pub. L. 105–244, title IV, § 483(a)–(f)(1), Oct. 7, 1998, 112 Stat. 1735, 1736; Pub. L. 109–171, title VIII, §§ 8020(c), 8021, Feb. 8, 2006, 120 Stat. 178; Pub. L. 109–270, § 2(c)(2), Aug. 12, 2006, 120 Stat. 746; Pub. L. 110–315, title IV, § 485(a), Aug. 14, 2008, 122 Stat. 3287; Pub. L. 111–39, title IV, § 407(b)(4), July 1, 2009, 123 Stat. 1950; Pub. L. 112–74, div. F, title III, § 309(c)(1), Dec. 23, 2011, 125 Stat. 1100; Pub. L. 113–235, div. G, title III, § 309(a)(1), Dec. 16, 2014, 128 Stat. 2504; Pub. L. 114–113, div. H, title III, § 313(1), Dec. 18, 2015, 129 Stat. 2638; Pub. L. 116–91, § 6(b), Dec. 19, 2019, 133 Stat. 1196; Pub. L. 116–260, div. FF, title VII, § 702(n)(1)(A), Dec. 27, 2020, 134 Stat. 3182.) Editorial Notes REFERENCES IN TEXT Section 1078–1 of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 103–66, title IV, § 4047(b)–(d), Aug. 10, 1993, 107 Stat. 364, eff. July 1, 1994, except with respect to loans provided under that sec- tion as it existed prior to Aug. 10, 1993. Subsequently, a new section 1078–1, relating to voluntary flexible agreements with guaranty agencies, was enacted by Pub. L. 105–244, title IV, § 418, Oct. 7, 1998, 112 Stat. 1691. Act of August 16, 1937, commonly known as the Na- tional Apprenticeship Act, referred to in subsec. (d)(2)(B), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables. Section 171, referred to in subsec. (d)(2)(B), may have been intended as a reference to section 171 of the Work- force Innovation and Opportunity Act, Pub. L. 113–128, which is classified to section 3226 of Title 29, Labor. Neither the National Apprenticeship Act nor the High- er Education Act of 1965 contains a section 171. Subsection (h), referred to in subsec. (i), was redesig- nated subsec. (g) of this section by Pub. L. 103–208, § 2(h)(25), Dec. 20, 1993, 107 Stat. 2477. PRIOR PROVISIONS A prior section 1091, Pub. L. 89–329, title IV, § 484, as added Pub. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1448; Pub. L. 99–272, title XVI, § 16032(a), (b), Apr. 7, 1986, 100 Stat. 354, related to student eligibility for assistance, prior to the general revision of this part by Pub. L. 99–498. Another prior section 1091, Pub. L. 89–329, title V, § 501, Nov. 8, 1965, 79 Stat. 1254; Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 82; Pub. L. 92–318, title I, § 141(b)(1), June 23, 1972, 86 Stat. 285, set forth statement of pur- pose and authorization of appropriations for education professions development program, prior to repeal effec- tive Sept. 30, 1976, by Pub. L. 94–482, title I, § 151(a)(2), (b), Oct. 12, 1976, 90 Stat. 2151. 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-re- lated offenses, respectively. 2019—Subsec. (q). Pub. L. 116–91 struck out subsec. (q) which authorized the Secretary of the Treasury to ob- tain certain information from the Internal Revenue Service regarding applicants’ tax returns and to require consent from such applicants as a condition of receiv- ing 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 dif- ferent 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 Page 656 TITLE 20—EDUCATION § 1091 of graduation from a school providing secondary edu- cation, 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 adminis- tered examination, required a State process, or re- quired an institution of higher education, respectively, to determine ability of students to benefit from edu- cation or training. 2009—Subsec. (a)(4). Pub. L. 111–39, § 407(b)(4)(A), sub- stituted ‘‘certification,’’ for ‘‘certification,,’’ in intro- ductory provisions. Subsec. (b)(1)(B). Pub. L. 111–39, § 407(b)(4)(B), sub- stituted ‘‘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 ref- erences 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), sub- stituted ‘‘(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 resi- dent;’’ 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 sub- sec. (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 head- ing 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 au- thorized 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 Fed- eral income tax returns for the purpose of verifying the information reported by applicants on student finan- cial aid applications.’’ Subsec. (r)(1). Pub. L. 109–171, § 8021(c), amended head- ing and text of introductory provisions generally. Prior to amendment, text of introductory provisions read as follows: ‘‘A student who has been convicted of any of- fense under any Federal or State law involving the pos- session or sale of a controlled substance shall not be el- igible 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 inter- val specified in the following table:’’. 1998—Subsec. (a)(4). Pub. L. 105–244, § 483(a)(1), sub- stituted ‘‘the Secretary, as part of the original finan- cial aid application process, a certification,’’ for ‘‘the institution of higher education which the student in- tends to attend, or is attending (or in the case of a loan or loan guarantee with the lender), a document’’ in in- troductory 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 Is- lands’’. Subsec. (d). Pub. L. 105–244, § 483(b), struck out ‘‘ei- ther’’ 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 provi- sion 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 Micro- nesia, the Republic of the Marshall Islands, or the Re- public 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 Is- lands, 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 Is- lands, or the Republic of Palau.’’ Subsec. (l)(1). Pub. L. 105–244, § 483(d), amended head- ing and text of par. (1) generally. Prior to amendment, Page 657 TITLE 20—EDUCATION § 1091 text read as follows: ‘‘A student enrolled in a course of instruction at an eligible institution of higher edu- cation (other than an institution that meets the defini- tion 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 fol- lows: ‘‘the institution shall transmit to the Immigra- tion 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 para- graph (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 sub- chapter.’’ 1993—Subsec. (a)(4)(B). Pub. L. 103–208, § 2(h)(13), in- serted ‘‘, except that the provisions of this subpara- graph shall not apply to a student from the Republic of the Marshall Islands, the Federated States of Micro- nesia, 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 in- tention 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 Immi- gration 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 sub- par. (C). Subsec. (b)(3). Pub. L. 103–208, § 2(h)(16), substituted ‘‘part B or D of this subchapter’’ for ‘‘part B of this sub- chapter’’ in closing provisions. Subsec. (f). Pub. L. 103–208, § 2(h)(17), (25), redesig- nated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: ‘‘Notwith- standing any other provision of law, the Secretary may not require, or prescribe regulations that require, insti- tutions to verify the accuracy of data used to deter- mine the eligibility for any program under this sub- chapter 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 exe- cuted 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 de- scribed 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 ‘‘docu- mentation,’’ 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), redesig- nated 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), redesig- nated 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), in- serted ‘‘(including a program of study abroad approved for credit by the eligible institution at which such stu- dent 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 so- cial security number, such student’s student identifica- tion number) stating that the money attributable to such grant, loan, or loan guarantee will be used solely for expenses related to attendance or continued attend- ance at such institution; and’’. Subsec. (b)(4). Pub. L. 102–325, § 484(b)(1)(A), sub- stituted ‘‘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 sec- ondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under sub- parts 1, 2, and 3 of part A and parts B, C, D, and E of this subchapter, the student shall pass an independ- ently administered examination approved by the Sec- retary.’’ Subsec. (f). Pub. L. 102–325, § 484(d), inserted at end ‘‘Nothing in this subsection shall preclude the Sec- retary from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agen- cy.’’ Subsec. (g). Pub. L. 102–325, § 484(e), designated exist- ing provisions as par. (1), inserted ‘‘, part D’’ after ‘‘part B’’ in two places and ‘‘fraudulently’’ before ‘‘bor- rowed’’ in two places, and added par. (2). Subsec. (h). Pub. L. 102–325, § 484(f), amended subsec. (h) generally. Prior to amendment, subsec. (h) con- tained 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 sub- secs. (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 el- ementary 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 Page 658 TITLE 20—EDUCATION § 1091 student who is admitted on the basis of the ability to benefit from the education or training in order to re- main 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 pre- scribed program of remedial or developmental edu- cation not to exceed one academic year or its equiva- lent; or ‘‘(3)(A) be administered a nationally recognized, standardized, or industry developed test, subject to criteria developed by the appropriate accrediting as- sociation, measuring the applicant’s aptitude to com- plete successfully the program to which the applicant has applied; and ‘‘(B) with respect to applicants who are unable to satisfy the institutions’ admissions testing require- ments specified in subparagraph (A), be enrolled in and successfully complete an institutionally pre- scribed program or course of remedial or develop- mental 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 sub- sec. (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 inde- pendently 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 ‘‘sec- tion 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 fol- lows: ‘‘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 redesig- nated 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 semi- colon 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 assist- ance 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 adminis- tered a nationally recognized standardized or industry developed test, subject to criteria developed by the ap- propriate accrediting association, measuring the appli- cant’s aptitude to complete successfully the program to which he has applied; and ‘‘(B) with respect to applicants who are unable to sat- isfy the institution’s admissions testing requirements specified in subparagraph (A), be enrolled in an institu- tionally 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 per- cent of such applications in any award year.’’ 1986—Subsec. (c). Pub. L. 99–603 added subsec. (c) re- quiring 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subse- quent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title. Amendment by Pub. L. 116–260 may be implemented by Secretary of Education before (but not later than) July 1, 2023, notwithstanding certain provisions, with such date of implementation required to be published in the Federal Register, see section 702(n)(2) of Pub. L. 116–260, set out as a note under section 1078–2 of this title. Effective date of title VII of div. FF of Pub. L. 116–260 was changed from July 1, 2023, to July 1, 2024, by section 102(a) of Pub. L. 117–103, see section 701(b) of div. FF of Pub. L. 116–260, set out as a note under sec- tion 1001 of this title. However, the July 1, 2023, imple- mentation dates in section 702(n)(2) of Pub. L. 116–260 were not correspondingly amended. EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–235, div. G, title III, § 309(a)(2), Dec. 16, 2014, 128 Stat. 2506, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect as if such amendment was enacted on June 30, 2014, and shall apply to students who are enrolled or who first enroll in an eligible program of study on or after July 1, 2014.’’ EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–74, div. F, title III, § 309(c)(2), Dec. 23, 2011, 125 Stat. 1100, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to students who first enroll in a program of study on or after July 1, 2012.’’ Amendment by Pub. L. 112–74 effective July 1, 2012, see section 309(g) of Pub. L. 112–74, set out as a note under section 1001 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 2008 AMENDMENT Pub. L. 110–315, title IV, § 485(b), Aug. 14, 2008, 122 Stat. 3290, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on July 1, 2010, except that the amendments made by paragraphs (3), (4), and (8) of such subsection shall take effect on the date of enactment of this Act [August 14, 2008].’’ 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 AMENDMENT Amendment by section 483(a)–(e) of Pub. L. 105–244 ef- fective Oct. 1, 1998, except as otherwise provided in Pub. Page 659 TITLE 20—EDUCATION § 1091 L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. Pub. L. 105–244, title IV, § 483(f)(2), Oct. 7, 1998, 112 Stat. 1737, provided that: ‘‘The amendment made by paragraph (1) [amending this section], regarding sus- pension of eligibility for drug-related offenses, shall apply with respect to financial assistance to cover the costs of attendance for periods of enrollment beginning after the date of enactment of this Act [Oct. 7, 1998].’’ 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 Amendment by section 484(a), (b)(1)(B), and (c) to (h) of Pub. L. 102–325 effective July 23, 1992, except that subsec. (m)(1) of this section, relating to proportion of courses permitted to be correspondence courses, as added by such amendment, effective on and after Oct. 1, 1992, see section 498 of Pub. L. 102–325, set out as a note under section 1088 of this title, and subsec. (n) of this section, relating to eligibility of students with first baccalaureate or professional degree for assist- ance, as added by such amendment, effective on and after Dec. 1, 1987, see section 484(i) of Pub. L. 102–325, set out below. Pub. L. 102–325, title IV, § 484(b)(2), July 23, 1992, 106 Stat. 615, provided that: ‘‘The amendments made by paragraph (1)(A) of this subsection [amending this sec- tion] shall be effective on and after December 1, 1987.’’ Section 484(i) of Pub. L. 102–325, as added by Pub. L. 103–208, § 2(k)(8), Dec. 20, 1993, 107 Stat. 2486, provided that: ‘‘The amendments made by subsection (g) [section 484(g) of Pub. L. 102–325] with respect to the addition of subsection (n) [adding subsec. (n) of this section] shall be effective on and after December 1, 1987.’’ 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 1988 AMENDMENTS Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of Title 8, Aliens and Nationality. Pub. L. 100–369, § 13, July 18, 1988, 102 Stat. 838, pro- vided that: ‘‘(a) GENERAL RULE.—Except as otherwise provided, the amendments made by this Act to title IV of the Higher Education Act of 1965 [amending this section and section 1078–1 of this title] shall be effective for any loan for which the eligibility of the borrower is cer- tified by the institution 30 days after the date of enact- ment of this Act [July 18, 1988]. ‘‘(b) SPECIAL RULES.—(1) The amendments made by section 5 [amending this section and sections 1077 and 1078 of this title] shall be effective with respect to loans made on or after October 1, 1988. ‘‘(2) The amendments made by sections 6, 7, 8, 9, 10, 11, and 12 [amending this section, sections 1058, 1061, 1062, 1070a–1, 1070a–3, 1070a–4, 1070a–6, 1071, 1077, 1078, 1087–2, 1087dd, 1087ee, 1087nn, 1087ss, 1087vv, 1132d–1, 1132g–1, and 1134m of this title, and section 1905 of Title 48, Territories and Insular Possessions] shall take ef- fect on the date of enactment of this Act [July 18, 1988].’’ 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. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–603 effective Oct. 1, 1988, with certain exceptions and qualifications, see section 121(c)(3), (4) of Pub. L. 99–603, set out as a note under section 1320b–7 of Title 42, The Public Health and Wel- fare. EFFECTIVE DATE Section effective Oct. 17, 1986, except as otherwise provided, see section 2 of Pub. L. 99–498, set out as a note under section 1001 of this title. Pub. L. 99–498, title IV, § 407(b), Oct. 17, 1986, 100 Stat. 1494, provided that: ‘‘(1) Sections 483(e) and 484(d) of the Act [20 U.S.C. 1090(e), 1091(d)] as amended by this section shall apply to student assistance awarded for periods of enrollment beginning on or after July 1, 1987. ‘‘(2) The changes made in section 484(a)(1) of the Act [20 U.S.C. 1091(a)(1)] shall apply to student assistance awarded for periods of enrollment beginning on or after July 1, 1987. ‘‘(3) Section 484(c) of the Act [20 U.S.C. 1091(c)] as amended by this section shall apply only to student as- sistance awarded for periods of enrollment beginning on or after July 1, 1987, to individuals who were not awarded such assistance for any preceding period of en- rollment. ‘‘(4) Sections 484(f), 485(b), and 487(a)(10) of the Act [20 U.S.C. 1091(f), 1092(b), 1094(a)(10)] as amended by this section shall apply only to periods of enrollment begin- ning on or after July 1, 1987.’’ CONSTRUCTION OF 1991 AMENDMENT For repeal of section 3005 of Pub. L. 101–508 and appli- cation of subsec. (d) of this section as if such section 3005 had not been enacted, see section 2(d)(2)(A) of Pub. L. 102–26, set out as a note under section 1088 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. SATISFACTORY PROGRESS Pub. L. 99–498, title XIII, § 1301, Oct. 17, 1986, 100 Stat. 1579, as amended by Pub. L. 100–50, § 23(1), June 3, 1987, 101 Stat. 362, directed Secretary, through the Office of Educational Research and Improvement, to conduct survey over 5-year period ending Sept. 30, 1991, on im- pact on grades of students of amendments made by Pub. L. 99–498 to subsec. (c) of this section and to sub- mit annual reports to Congress of survey, prior to re- peal by Pub. L. 105–332, § 6(a), Oct. 31, 1998, 112 Stat. 3127. DENIAL OF STUDENT ASSISTANCE TO CERTAIN NONCITIZENS Pub. L. 99–498, title XIII, § 1361, Oct. 17, 1986, 100 Stat. 1588, established in Department of Education the Alien Youth Education Opportunity Panel and provided for Panel’s composition, duties, reports, administrative and clerical support, compensation and expenses, and access to information, prior to repeal by Pub. L. 105–332, § 6(a), Oct. 31, 1998, 112 Stat. 3127. FINANCIAL AID TO STUDENTS NOT DEEMED INCOME OR RESOURCES FOR PURPOSES OF CERTAIN SOCIAL SECU- RITY ACT PROGRAMS Pub. L. 90–575, title V, § 507, Oct. 16, 1968, 82 Stat. 1063, as amended by Pub. L. 96–88, title III, § 301(a)(1), Oct. 17, 1979, 93 Stat. 677, provided that: ‘‘For the purpose of any program assisted under title I, IV, X, XIV, XVI, or Page 660 TITLE 20—EDUCATION § 1091a XIX of the Social Security Act [subchapters I, IV, X, XIV, XVI, or XIX of chapter 7 of Title 42, The Public Health and Welfare], no grant or loan to any under- graduate student for educational purposes made or in- sured under any program administered by the Sec- retary of Education shall be considered to be income or resources.’’ § 1091a. Statute of limitations, and State court judgments (a) In general (1) It is the purpose of this subsection to en- sure that obligations to repay loans and grant overpayments are enforced without regard to any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced. (2) Notwithstanding any other provision of statute, regulation, or administrative limita- tion, no limitation shall terminate the period within which suit may be filed, a judgment may be enforced, or an offset, garnishment, or other action initiated or taken by— (A) an institution that receives funds under this subchapter that is seeking to collect a re- fund due from a student on a grant made, or work assistance awarded, under this sub- chapter; (B) a guaranty agency that has an agree- ment with the Secretary under section 1078(c) of this title that is seeking the repayment of the amount due from a borrower on a loan made under part B of this subchapter after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower; (C) an institution that has an agreement with the Secretary pursuant to section 1087c or 1087cc(a) of this title that is seeking the re- payment of the amount due from a borrower on a loan made under part D or E of this sub- chapter after the default of the borrower on such loan; or (D) the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, for payment of a refund due from a student on a grant made under this subchapter, or for the repayment of the amount due from a borrower on a loan made under this subchapter that has been as- signed to the Secretary under this subchapter. (b) Assessment of costs and other charges Notwithstanding any provision of State law to the contrary— (1) a borrower who has defaulted on a loan made under this subchapter shall be required to pay, in addition to other charges specified in this subchapter reasonable collection costs; (2) in collecting any obligation arising from a loan made under part B of this subchapter, a guaranty agency or the Secretary shall not be subject to a defense raised by any borrower based on a claim of infancy; and (3) in collecting any obligation arising from a loan made under part E, an institution of higher education that has an agreement with the Secretary pursuant to section 1087cc(a) of this title shall not be subject to a defense raised by any borrower based on a claim of in- fancy. (c) State court judgments A judgment of a State court for the recovery of money provided as grant, loan, or work assist- ance under this subchapter that has been as- signed or transferred to the Secretary under this subchapter may be registered in any district court of the United States by filing a certified copy of the judgment and a copy of the assign- ment or transfer. A judgment so registered shall have the same force and effect, and may be en- forced in the same manner, as a judgment of the district court of the district in which the judg- ment is registered. (d) Special rule This section shall not apply in the case of a student who is deceased, or to a deceased stu- dent’s estate or the estate of such student’s fam- ily. If a student is deceased, then the student’s estate or the estate of the student’s family shall not be required to repay any financial assistance under this subchapter, including interest paid on the student’s behalf, collection costs, or other charges specified in this subchapter. (Pub. L. 89–329, title IV, § 484A, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1482; amended Pub. L. 102–26, § 3(a), Apr. 9, 1991, 105 Stat. 124; Pub. L. 105–244, title IV, § 484, Oct. 7, 1998, 112 Stat. 1737; Pub. L. 110–315, title IV, § 486, Aug. 14, 2008, 122 Stat. 3290.) Editorial Notes PRIOR PROVISIONS A prior section 1091a, Pub. L. 89–329, title IV, § 484A, as added Pub. L. 99–272, title XVI, § 16033, Apr. 7, 1986, 100 Stat. 355, related to statute of limitations, collec- tion costs, and defense of infancy, prior to the general revision of this part by Pub. L. 99–498. Another prior section 1091a, Pub. L. 89–329, title V, § 502, as added Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 82; amended Pub. L. 91–230, title IV, § 401(h)(4), title VIII, § 802, Apr. 13, 1970, 84 Stat. 174, 190; Pub. L. 92–318, title I, § 141(c)(1)(A), June 23, 1972, 86 Stat. 285, estab- lished the National Advisory Council on Education Pro- fessions Development and set forth functions, composi- tion, etc., of the Council, prior to repeal by Pub. L. 94–482, title I, § 151(a)(2), (b), Oct. 12, 1976, 90 Stat. 2151, effective Sept. 30, 1976. AMENDMENTS 2008—Subsec. (b)(3). Pub. L. 110–315, § 486(1), added par. (3). Subsec. (d). Pub. L. 110–315, § 486(2), added subsec. (d). 1998—Pub. L. 105–244, § 484(1), inserted ‘‘, and State court judgments’’ after ‘‘limitations’’ in section catch- line. Subsec. (c). Pub. L. 105–244, § 484(2), added subsec. (c). 1991—Subsec. (a). Pub. L. 102–26 amended subsec. (a) generally, substituting provisions eliminating statute of limitations for student loan collections for provi- sions establishing six year limitations period for collec- tion of such loans. 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 1991 AMENDMENT Pub. L. 102–26, § 3(c), Apr. 9, 1991, 105 Stat. 125, as amended by Pub. L. 102–325, title XV, § 1551, July 23,