20 U.S.C. 1091: Student eligibility

2020

• Pub. L. 116–260 added subsecs. (p), (s), and (t), redesignated former subsecs. (o), (p), (s), and (t) as (n), (o), (q), and (r), respectively, and struck out former subsecs. (n) and (r) which related to data base matching and suspension of eligibility for drug-related offenses,… (Consolidated Appropriations Act, 2021) Law text · (n), (o), (p), (q), (r), (s), (t)

2019

• Pub. L. 116–91 struck out subsec. (q) which authorized the Secretary of the Treasury to obtain certain information from the Internal Revenue Service regarding applicants' tax returns and to require consent from such applicants as a condition of receiving assistance. See section 1098h o… (Fostering Undergraduate Talent by Unlocking Resources for Education Act" or the "FUTURE Act) Law text · (q)

2015

• Pub. L. 114–113 amended par. (2) generally. Prior to amendment, par. (2) contained a different definition of "eligible career pathway program". (Consolidated Appropriations Act, 2016) Law text · (d)

2014

• Pub. L. 113–235 amended subsec. (d) generally. Prior to amendment, text read as follows: "In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistanc… (Consolidated and Further Continuing Appropriations Act, 2015) Law text · (d)

2011

• Pub. L. 112–74 struck out "meet one of the following standards:" after "the student shall", substituted "have completed" for "(3) The student has completed", and struck out pars. (1), (2) and (4), which required students to take an independently administered examination, required a Sta… (Consolidated Appropriations Act, 2012) Law text · (d)

2009

• Pub. L. 111–39, §407(b)(4)(A), substituted "certification," for "certification,," in introductory provisions. Law text · (a)
• Pub. L. 111–39, §407(b)(4)(B), substituted "have (i)" for "have (A)" and "and (ii)" for "and (B)". Law text · (b)
• Pub. L. 111–39, §407(b)(4)(C), amended references in original which appear in text as references to part B, part D, or part E, resulting in text identical to that after execution of Pub. L. 103–208, §2(h)(18). See 1993 Amendment note for subsec. (g) below. Law text · (f)
• Pub. L. 111–39, §407(b)(4)(D), substituted "(g)(4)(A)(i)" for "(h)(4)(A)(i)" in par. (2) and "(g)(4)(B)(i)" for "(h)(4)(B)(i)" in par. (3). Law text · (h), (3)
• Pub. L. 111–39, §407(b)(4)(E), substituted "section 3811(f) of title 50" for "section 1113 of Public Law 97–252". Law text · (n)

2008

• 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;". (Higher Education Opportunity Act) Law text · (a)
• Pub. L. 110–315, §485(a)(1)(B), inserted "or" after "a permanent resident of the United States," and substituted "citizen or permanent resident;" for "citizen or permanent resident, a citizen of any one of the Freely Associated States;". (Higher Education Opportunity Act) Law text · (a)
• 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". (Higher Education Opportunity Act) Law text · (b)
• Pub. L. 110–315, §485(a)(3), added par. (4). (Higher Education Opportunity Act) Law text · (d)
• Pub. L. 110–315, §485(a)(4), struck out subsec. (j). Text read as follows: "Notwithstanding any other provision of law, a student shall be eligible until September 30, 2004, for assistance under subparts 1 and 3 of part A, and part C, if the student is otherwise qualified and— (Higher Education Opportunity Act) Law text · (j)
• Pub. L. 110–315, §485(a)(5), added subsec. (l) and struck out former subsec. (l) which related to courses offered through telecommunications. (Higher Education Opportunity Act) Law text · (l)
• Pub. L. 110–315, §485(a)(6), added subsec. (q) and struck out former subsec. (q) which related to verification of income data. (Higher Education Opportunity Act) Law text · (q)
• Pub. L. 110–315, §485(a)(7), added subpar. (B) and redesignated former subpar. (B) as (C). (Higher Education Opportunity Act) Law text · (r), (C)
• Pub. L. 110–315, §485(a)(8), added subsec. (s). (Higher Education Opportunity Act) Law text · (s)
• Pub. L. 110–315, §485(a)(9), added subsec. (t). (Higher Education Opportunity Act) Law text · (t)

2006

• Pub. L. 109–171, §8021(a), added par. (6). (Deficit Reduction Act of 2005) Law text · (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 a… (Deficit Reduction Act of 2005) Law text · (l)
• 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— (Deficit Reduction Act of 2005) Law text · (l)
• 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. Law text · (l)
• Pub. L. 109–171, §8021(b), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: "The Secretary of Education, in cooperation with the Secretary of the Treasury, is authorized to confirm with the Internal Revenue Service the adjusted gross income, … (Deficit Reduction Act of 2005) Law text · (q)
• Pub. L. 109–171, §8021(c), amended heading and text of introductory provisions generally. Prior to amendment, text of introductory provisions read as follows: "A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a contro… (Deficit Reduction Act of 2005) Law text · (r)

1998

• Pub. L. 105–244, §483(a)(1), substituted "the Secretary, as part of the original financial aid application process, a certification," for "the institution of higher education which the student intends to attend, or is attending (or in the case of a loan or loan guarantee with the le… (Higher Education Amendments of 1998) Law text · (a)
• Pub. L. 105–244, §483(a)(2), substituted "a citizen of any one of the Freely Associated States" for "or a permanent resident of the Trust Territory of the Pacific Islands, Guam, or the Northern Mariana Islands". (Higher Education Amendments of 1998) Law text · (a)
• Pub. L. 105–244, §483(b), struck out "either" after "shall meet" in introductory provisions and added par. (3). (Higher Education Amendments of 1998) Law text · (d)
• Pub. L. 105–244, §483(c), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: "Notwithstanding any other provision of law, a student shall be eligible, if otherwise qualified, for assistance under subparts 1, 3, and 6, and division 1 of subpart … (Higher Education Amendments of 1998) Law text · (j)
• Pub. L. 105–244, §483(d), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: "A student enrolled in a course of instruction at an eligible institution of higher education (other than an institution that meets the definition in section 2471(4)(C… (Higher Education Amendments of 1998) Law text · (l)
• Pub. L. 105–244, §483(e), added subsec. (q). (Higher Education Amendments of 1998) Law text · (q)
• Pub. L. 105–244, §483(f)(1), added subsec. (r). (Higher Education Amendments of 1998) Law text · (r)

1996

• Pub. L. 104–208 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "the institution shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents for official verification,". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (g)

1994

• Pub. L. 103–382 amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: "Notwithstanding any other provision of law, a student who meets the requirements of paragraph (a)(5) of this section or who is a resident of the freely associated states, and w… · (j)

1993

• Pub. L. 103–208, §2(h)(13), inserted ", except that the provisions of this subparagraph shall not apply to a student from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau" after "number". · (a)
• Pub. L. 103–208, §2(h)(14), substituted "able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident" for "in the United States for o… · (a)
• Pub. L. 103–208, §2(h)(15), added subpar. (C). · (b)
• Pub. L. 103–208, §2(h)(16), substituted "part B or D of this subchapter" for "part B of this subchapter" in closing provisions. · (b)
• Pub. L. 103–208, §2(h)(17), (25), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: "Notwithstanding any other provision of law, the Secretary may not require, or prescribe regulations that require, institutions to verify the a… · (f)
• Pub. L. 103–208, §2(h)(25), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). · (g)
• Pub. L. 103–208, §2(h)(18), which directed insertion of a comma after ", Part D" wherever appearing, was executed by inserting a comma after ", part D" wherever appearing, to reflect the probable intent of Congress. · (g)
• Pub. L. 103–208, §2(h)(25), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). · (h)
• Pub. L. 103–208, §2(h)(19), substituted "constitute" for "constitutes" in introductory provisions of par. (4)(B). · (h)
• Pub. L. 103–208, §2(h)(25), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). · (i)
• Pub. L. 103–208, §2(h)(22), struck out par. (4) which read as follows: "because of a fair hearing process described in subsection (h)(5)(B) of this section." · (i)
• 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). · (i)
• Pub. L. 103–208, §2(h)(20), inserted "or" after "documentation," and substituted "(h)(4)(A)(i)" for "(h)(4)(A)(ii)" in par. (2). · (i)
• Pub. L. 103–208, §2(h)(25), redesignated subsecs. (k) to (n) as (j) to (m), respectively. Former subsec. (j) redesignated (i). · (j), (k), (l), (m)
• Pub. L. 103–208, §2(h)(25), redesignated subsec. (o) as (n). Former subsec. (n) redesignated (m). · (n)
• Pub. L. 103–208, §2(h)(23), substituted "parts B, C," for "part B, C,". · (n)
• Pub. L. 103–208, §2(h)(25), redesignated subsecs. (p) and (q) as (o) and (p), respectively. Former subsec. (o) redesignated (n). · (o), (p)
• Pub. L. 103–208, §2(h)(25), redesignated subsec. (q) as (p). · (q)
• 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). · (q)

1992

• Pub. L. 102–325, §484(a)(1), inserted "(including a program of study abroad approved for credit by the eligible institution at which such student is enrolled)" after "or other program". · (a)
• 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 educatio… · (a)
• Pub. L. 102–325, §484(b)(1)(A), substituted "part B, D, or E or work-study assistance under part C" for "part B" in concluding provisions. · (b)
• Pub. L. 102–325, §484(b)(1)(B), added par. (5). · (b)
• Pub. L. 102–325, §484(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible … · (d)
• Pub. L. 102–325, §484(d), inserted at end "Nothing in this subsection shall preclude the Secretary from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency." · (f)
• Pub. L. 102–325, §484(e), designated existing provisions as par. (1), inserted ", part D" after "part B" in two places and "fraudulently" before "borrowed" in two places, and added par. (2). · (g)
• Pub. L. 102–325, §484(f), amended subsec. (h) generally. Prior to amendment, subsec. (h) contained pars. (1) to (6) relating to requirements for verification of student immigration status. · (h)
• Pub. L. 102–325, §484(h), made technical amendment to directory language of Pub. L. 102–73, §801(a). See 1991 Amendment note below. · (k)
• Pub. L. 102–325, §484(g), added subsecs. (l) to (q). · (l), (m), (n), (o), (p), (q)

1991

• Pub. L. 102–26, §2(c)(2), inserted before semicolon at end ", and not be enrolled in an elementary or secondary school". · (a)
• Pub. L. 102–26, §2(d)(2)(A), repealed Pub. L. 101–508, §3005(a). See 1990 Amendment note below. · (d)
• Pub. L. 102–26, §2(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "A student who is admitted on the basis of the ability to benefit from the education or training in order to remain eligible for any grant, loan, or work assistance under this subchapter shall— · (d)
• Pub. L. 102–73, as amended by Pub. L. 102–325, §484(h), added subsec. (k). · (k)

1990

• Pub. L. 101–508, which amended subsec. (d) generally to read: "In order for a student who is admitted on the basis of ability to benefit from the education or training offered to be eligible for any grant, loan, or work assistance under this subchapter, the student shall, prior to enro… · (d)

1988

• Pub. L. 100–369, §6(1), substituted "subsections (b)(3) and (b)(4)" for "subsection (b)(2)". · (a)
• Pub. L. 100–369, §1(1), substituted "section 1078–2 or 1078–3" for "section 1078–1, 1078–2, or 1078–3". · (b)
• Pub. L. 100–369, §1(2), added subpar. (A) and struck out former subpar. (A) which read as follows: "have received a determination of eligibility or ineligibility for a grant under such subpart 1 for such period of enrollment; or". · (b)
• Pub. L. 100–369, §2, added par. (2) and redesignated former par. (2) as (3). · (b), (3)
• Pub. L. 100–369, §6(2), added par. (4). · (b)
• Pub. L. 100–525 redesignated subsecs. (c) to (e) enacted by Pub. L. 99–603 as (h) to (j), respectively, and inserted headings, substituted references to subsec. (h) for references to subsec. (c) wherever appearing, and in closing provisions of subsec. (j) substitute… · (c), (d), (e)

1987

• Pub. L. 100–50, §15(7)(A), inserted ", except as provided in subsection (b)(2)" before semicolon at end. · (a)
• 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). · (b)
• Pub. L. 100–50, §15(8), added pars. (2) and (3) and last sentence relating to ineligibility for assistance if a student is enrolled in either an elementary or a secondary school, and struck out former par. (2) which read as follows: · (d)
• Pub. L. 100–50, §15(9), inserted at end "In carrying out provisions of this subsection no eligible institution shall be required to verify more than 30 percent of such applications in any award year." · (f)

1986

• Pub. L. 99–603 added subsec. (c) requiring immigration status verification. · (c)
• Pub. L. 99–603 added subsec. (d) limiting enforcement actions against institutions. · (d)
• Pub. L. 99–603 added subsec. (e) relating to validity of loan guarantees for loan payments made before completion of immigration status verification. · (e)