Secretary required to comply with schedule
Timing for reallocations
With respect to any funds reallocated under section 1070b–3(d), 1087–52(d), or 1087bb(i) of this title, the Secretary shall reallocate such funds at any time during the course of the year that will best meet the purpose of the programs under subpart 3 of part A, part C, and part E, respectively. However, such reallocation shall occur at least once each year, not later than September 30 of that year.
Delay of effective date of late publications
Notice to Congress
The Secretary shall notify the authorizing committees when a deadline included in the calendar described in subsection (a) is not met. Nothing in this section shall be interpreted to penalize institutions or deny them the specified times allotted to enable them to return information to the Secretary based on the failure of the Secretary to adhere to the dates specified in this section.
Compliance calendar
Pub. L. 89–329, title IV, § 482Pub. L. 99–498, title IV, § 407(a)100 Stat. 1477 Pub. L. 100–50, § 15(2)101 Stat. 355 Pub. L. 102–325, title IV, § 482106 Stat. 612 Pub. L. 103–208, § 2(h)(7)107 Stat. 2476 Pub. L. 104–66, title I, § 1042(b)109 Stat. 715 Pub. L. 105–244, title IV, § 481112 Stat. 1732 Pub. L. 110–315, title I, § 103(b)(9)122 Stat. 3089 Pub. L. 111–39, title IV, § 407(b)(2)123 Stat. 1950 (, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , title IV, § 482(a), , , 3271; , , .)
Editorial Notes
References in Text
Section 1090 of this titlePub. L. 116–260, div. FF, title VII, § 702(m)(1)134 Stat. 3168 section 1090 of this title, referred to in subsec. (a)(1)(B), (C), was generally amended by , , . For a similar provision to former subsec. (a)(5), see subsec. (a)(6) of .
Prior Provisions
Pub. L. 89–329, title IV, § 482Pub. L. 96–374, title IV, § 451(a)94 Stat. 1445 Pub. L. 97–35, title V, § 533(a)(1)95 Stat. 453 Pub. L. 99–272, title XVI, § 16031100 Stat. 354 Pub. L. 99–498A prior section 1089, , as added , , ; amended , (2), (b), , ; , , , related to analysis of student’s need for financial assistance, prior to the general revision of this part by .
Pub. L. 89–329, title IV, § 499Pub. L. 90–575, title I, § 15182 Stat. 1032 Pub. L. 91–230, title IV, § 401(h)(4)84 Stat. 174 Pub. L. 92–318, title I, § 137(b)86 Stat. 272 Pub. L. 96–374Another prior section 1089, , formerly § 469, as added , , ; amended , , ; renumbered , , , related to the Advisory Council on Financial Aid to Students, prior to the general revision of this part by .
Amendments
Pub. L. 111–392009—Subsec. (b). substituted “section 1070b–3(d), 1087–52(d), or 1087bb(i) of this title” for “section 1070b–3(e), 1087–52(e), or 1087bb(j) of this title”.
Pub. L. 110–315, § 482(a)(1)2008—Subsec. (a)(1)(B), (C). , added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:
section 1087rr of this title“(B) by March 1: proposed modifications and updates pursuant to published in the Federal Register;
section 1087rr of this title“(C) by June 1: final modifications and updates pursuant to published in the Federal Register;”.
Pub. L. 110–315, § 103(b)(9)Subsec. (d). , substituted “authorizing committees” for “Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives”.
Pub. L. 110–315, § 482(a)(2)Subsec. (e). , added subsec. (e).
Pub. L. 105–244, § 481(a)1998—Subsec. (a)(3), (4). , added pars. (3) and (4).
Pub. L. 105–244, § 481(b)Subsec. (c). , amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Any regulatory changes initiated by the Secretary affecting the programs pursuant to this subchapter that have not been published in final form by December 1 prior to the start of the award year shall not become effective until the beginning of the second award year after such December 1 date. For award year 1994–95, this subsection shall not require a delay in the effectiveness of regulatory changes affecting parts B, G, and H of this subchapter that are published in final form by .”
Pub. L. 104–661995—Subsec. (d). , in first sentence substituted “a deadline included in the calendar described in subsection (a) is not met” for “the items specified in the calendar have been completed and provide all relevant forms, rules, and instructions with such notice” and after first sentence struck out “When a deadline included in the calendar is not met, the Secretary, within 7 days, shall submit to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives a written report, including proper documentation, as to why the deadline was not adhered to and a detailed plan for ensuring that subsequent dates are met.”
Pub. L. 103–2081993—Subsec. (c). inserted at end “For award year 1994–95, this subsection shall not require a delay in the effectiveness of regulatory changes affecting parts B, G, and H of this subchapter that are published in final form by .”
Pub. L. 102–325, § 482(b)(1)1992—Subsec. (a)(1)(B), (C). , substituted “section 1087rr” for “sections 1070a–5 and 1087rr”.
Pub. L. 102–325, § 482(b)(2)Subsec. (b). , substituted “subpart 3” for “subpart 2”.
Pub. L. 102–325, § 482(a)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any additional regulatory changes initiated by the Secretary affecting the general administration of the programs pursuant to this subchapter that have not been published in final form by December 1 prior to the start of the award year shall not become effective until the beginning of the second award year after the December 1 date.”
Pub. L. 100–50section 1087bb(j) of this title1987—Subsec. (b). inserted reference to and part E of this subchapter.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–39Pub. L. 110–315section 3 of Pub. L. 111–39section 1001 of this titleAmendment by effective as if enacted on the date of enactment of (), see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–315, title IV, § 482(b)122 Stat. 3272
Effective Date of 1998 Amendment
Pub. L. 105–244Pub. L. 105–244section 3 of Pub. L. 105–244section 1001 of this titleAmendment by effective , except as otherwise provided in , see , set out as a note under .
Effective Date of 1993 Amendment
Pub. L. 103–208Pub. L. 102–325section 5(a) of Pub. L. 103–208section 1051 of this titleAmendment by effective as if included in the Higher Education Amendments of 1992, , except as otherwise provided, see , set out as a note under .
Effective Date of 1987 Amendment
Pub. L. 100–50Pub. L. 99–498section 27 of Pub. L. 100–50section 1001 of this titleAmendment by effective as if enacted as part of the Higher Education Amendments of 1986, , see , set out as a note under .
Inapplicability of Master Calendar and Negotiated Rulemaking Requirements
Pub. L. 112–141, div. F, title III, § 100302(b)126 Stat. 980
Pub. L. 112–74, div. F, title III, § 309(h)125 Stat. 1103
Pub. L. 112–25, title V, § 504125 Stat. 267
Pub. L. 112–10, div. B, title VIII, § 1860(c)125 Stat. 170
Pub. L. 111–39, title IV, § 409123 Stat. 1953
Pub. L. 110–315, title IV, § 402(b)122 Stat. 3191
Pub. L. 110–227, § 11122 Stat. 752 Pub. L. 110–315, title IV, § 402(c)(1)122 Stat. 3191
Pub. L. 110–315, title IV, § 402(c)(2)122 Stat. 3191
Establishment of Separate Systems of Need Analysis for Academic Years 1983–1984 Through 1987–1988
Pub. L. 97–301, § 496 Stat. 1400 Pub. L. 98–79, § 4(a)97 Stat. 480 Pub. L. 98–511, title VII, § 707(3)98 Stat. 2407 Pub. L. 99–498, title IV, § 408(a)(1)100 Stat. 1495 20 U.S.C. 1070b20 U.S.C. 1087–5120 U.S.C. 1087aaPub. L. 99–498, title IV, § 408(b)100 Stat. 1495 , , , as amended by , , ; , , ; , , , which required Secretary of Education to establish or approve separate systems of need analysis for the academic years 1983–1984, 1984–1985, 1985–1986, 1986–1987, and 1987–1988 for the programs authorized under subpart 2 [now 3] of part A [ et seq.], part C [ et seq.], and part E [ et seq.] of title IV of the Higher Education Act of 1965, was repealed by , , , eff. with respect to any academic year beginning on or after .
Determination of Independent Student Status for Academic Years 1982–1983 Through 1987–1988
Pub. L. 97–301, § 696 Stat. 1400 Pub. L. 98–79, § 4(a)97 Stat. 481 Pub. L. 98–516, title VII, § 707(3)98 Stat. 2407 Pub. L. 99–498, title IV, § 408(a)(1)100 Stat. 1495 Pub. L. 99–498, title IV, § 408(b)100 Stat. 1495 , , , as amended by , , ; , , ; , , , which provided that notwithstanding any rule or regulation, the criteria for the determination of independent student status, prescribed under subsec. (c)(2) of this section, in effect for academic year 1982–1983, was to be the criteria for such determinations for each of the academic years 1983–1984, 1984–1985, 1985–1986, 1986–1987, and 1987–1988, was repealed by , , , eff. with respect to any academic year beginning on or after .