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119th Congress

Title 20 — Education

Part A · Chapter 28 — Higher Education Resources and Student Assistance

§ 1058. Definitions; eligibility

Statutory text

(a)

Educational and general expenditures

For the purpose of this part, the term “educational and general expenditures” means the total amount expended by an institution of higher education for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers which the institution is required to pay by law.

(b)

Eligible institution

For the purpose of this part, the term “eligible institution” means—

(1)

an institution of higher education—

(A)

which has an enrollment of needy students as required by subsection (d);

(B)

except as provided in section 1068a(b) of this title, the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction;

(C)

which is—

(i)

legally authorized to provide, and provides within the State, an educational program for which such institution awards a bachelor’s degree;

(ii)

a junior or community college; or

(iii)

the College of the Marshall Islands, the College of Micronesia/Federated States of Micronesia, and Palau Community College;

(D)

which is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or which is, according to such an agency or association, making reasonable progress toward accreditation;

(E)

which meets such other requirements as the Secretary may prescribe; and

(F)

located in a State; and

(2)

any branch of any institution of higher education described under paragraph (1) which by itself satisfies the requirements contained in subparagraphs (A) and (B) of such paragraph.

For purposes of the determination of whether an institution is an eligible institution under this paragraph,1 the factor described under paragraph (1)(A) shall be given twice the weight of the factor described under paragraph (1)(B).

(c)

Endowment fund

For the purpose of this part, the term “endowment fund” means a fund that—

(1)

is established by State law, by an institution of higher education, or by a foundation that is exempt from Federal income taxation;

(2)

is maintained for the purpose of generating income for the support of the institution; and

(3)

does not include real estate.

(d)

Enrollment of needy students

Except as provided in section 1059e(b) of this title, for the purpose of this part, the term “enrollment of needy students” means an enrollment at an institution of higher education or a junior or community college which includes—

(1)

at least 50 percent of the degree students so enrolled who are receiving need-based assistance under subchapter IV of this chapter in the second fiscal year preceding the fiscal year for which the determination is being made (other than loans for which an interest subsidy is paid pursuant to section 1078 of this title), or

(2)

a substantial percentage of students receiving Pell Grants in the second fiscal year preceding the fiscal year for which determination is being made, in comparison with the percentage of students receiving Pell Grants at all such institutions in the second fiscal year preceding the fiscal year for which the determination is made, unless the requirement of this paragraph is waived under section 1068a(a) of this title.

(e)

Full-time equivalent students

For the purpose of this part, the term “full-time equivalent students” means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution.

(f)

Junior or community college

For the purpose of this part, the term “junior or community college” means an institution of higher education—

(1)

that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution;

(2)

that does not provide an educational program for which it awards a bachelor’s degree (or an equivalent degree); and

(3)

that—

(A)

provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree, or

(B)

offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge.

(g)

Low-income individual

For the purpose of this part, the term “low-income individual” means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.

(h)

Historically black college or university

For the purposes of this section, no historically black college or university which is eligible for and receives funds under part B of this subchapter is eligible for or may receive funds under this part.

Footnotes

  1. 1 So in original. Probably should be “subsection,”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title III § 312 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1058

    Pub. L. 89–329, title III, § 312, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1292

    Source evidence

    Code source credit
    Pub. L. 89–329, title III, § 312, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1292

  2. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 2(a)(2)(A) · 101 Stat. 335

    Inserted · 20 U.S.C. § 1058(b)(1)(C); 20 U.S.C. § 1058(b)(1)(D)

    Pub. L. 100–50, § 2(a)(2)(A), inserted “which” before “is” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C), (D). Pub. L. 100–50, § 2(a)(2)(A), inserted “which” before “is” wherever appearing.

    Enacted provision · exact public law section
    (A) by inserting “which” before “is” each place it appears in subparagraphs (C) and (D);

  3. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 2(a)(2)(B) · 101 Stat. 335

    Inserted · 20 U.S.C. § 1058(b)(1)(E)

    Pub. L. 100–50, § 2(a)(2)(B), inserted “which” before “has”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 100–50, § 2(a)(2)(B), inserted “which” before “has”.

    Enacted provision · exact public law section
    (B) by inserting “which” before “has” in subparagraph (E); and

  4. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 2(a)(2)(C) · 101 Stat. 335

    Inserted · 20 U.S.C. § 1058(b)(1)(F)

    Pub. L. 100–50, § 2(a)(2)(C), inserted “which” before “meets”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F). Pub. L. 100–50, § 2(a)(2)(C), inserted “which” before “meets”.

    Enacted provision · exact public law section
    (C) by inserting “which” before “meets” in subparagraph (F);

  5. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 2(a)(3) · 101 Stat. 335

    Substituted · 20 U.S.C. § 1058(b)(3); 20 U.S.C. § 1058(b)(5)

    Pub. L. 100–50, § 2(a)(3), (4), substituted “subparagraphs (A), (B), (C), and (D)” for “subparagraphs (A) and (B)”

    Source evidence

    Code amendment note
    Subsec. (b)(3), (5). Pub. L. 100–50, § 2(a)(3), (4), substituted “subparagraphs (A), (B), (C), and (D)” for “subparagraphs (A) and (B)”.

    Enacted provision · exact public law section
    (3) in section 312(b)(3), by striking out “subparagraphs (A) and (B)” and inserting in lieu thereof “subparagraphs (A), (Bl, (C), and (D)”;

  6. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 2(a)(5) · 101 Stat. 335

    Inserted · 20 U.S.C. § 1058(c)(1)

    Pub. L. 100–50, § 2(a)(5), inserted “in the second fiscal year preceding the fiscal year for which the determination is being made” after “chapter 34 of title 42”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 100–50, § 2(a)(5), inserted “in the second fiscal year preceding the fiscal year for which the determination is being made” after “chapter 34 of title 42”.

    Enacted provision · exact public law section
    (5) in section 312(c)(1), by inserting “in the second fiscal year preceding the fiscal year for which the determination is being made” immediately after “Act”;

  7. Higher Education Technical Amendments Act of 1987

    Pub. L. 100–50 § 2(a)(6) · 101 Stat. 335

    1. Substituted · 20 U.S.C. § 1058(c)(2)

      Pub. L. 100–50, § 2(a)(6), substituted “fiscal year preceding the fiscal year for which determination is being made” for “preceding fiscal year”

    2. Substituted · 20 U.S.C. § 1058(c)(2)

      Pub. L. 100–50, § 2(a)(6), substituted “second preceding fiscal year” for “such fiscal year”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 100–50, § 2(a)(6), substituted “fiscal year preceding the fiscal year for which determination is being made” for “preceding fiscal year” and “second preceding fiscal year” for “such fiscal year”.

    Enacted provision · exact public law section
    (6) in section 312(c)(2)— (A) by striking out “preceding fiscal year,” and inserting in lieu thereof “fiscal year preceding the fiscal year for which determination is being made,”; and (B) by striking out “such fiscal year” and inserting in lieu thereof “second preceding fiscal year”;

  8. Pub. L. 100–369 § 10(a) · 102 Stat. 835

    Added · 20 U.S.C. § 1058(f)

    Pub. L. 100–369 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–369 added subsec. (f).

    Enacted provision · exact public law section
    (a) Historically Black College Eligibility for Part A Funds.— Section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058) is amended by adding at the end thereof the following new subsection: “(f) Historically Black College or University.— For the purposes of this section, no historically black college or university which is eligible for and receives funds under part B of this title is eligible for or may receive funds under this part.”.

  9. Higher Education Amendments of 1992

    Pub. L. 102–325 § 302(a)(1) · 106 Stat. 448

    1. Inserted · 20 U.S.C. § 1058(b)(1); 20 U.S.C. § 1058(b)(2)

      Pub. L. 102–325, § 302(a)(1), (2), inserted “and” at end of subpar. (D)

    2. Struck · 20 U.S.C. § 1058(b)(1); 20 U.S.C. § 1058(b)(2)

      Pub. L. 102–325, § 302(a)(1), (2), struck out subpar. (E)

    3. Redesignated · 20 U.S.C. § 1058(b)(1); 20 U.S.C. § 1058(b)(2)

      Pub. L. 102–325, § 302(a)(1), (2), redesignated subpar. (F) as (E)

    4. Inserted · 20 U.S.C. § 1058(b)(1); 20 U.S.C. § 1058(b)(2)

      Pub. L. 102–325, § 302(a)(1), (2), inserted “and” at end

    5. Substituted · 20 U.S.C. § 1058(b)(1); 20 U.S.C. § 1058(b)(2)

      Pub. L. 102–325, § 302(a)(1), (2), substituted period for semicolon at end of par. (2). Prior to amendment, subpar. (E) of par. (1) read as follows: “except as provided in section 1067(b) of this title which has, during the 5 academic years preceding the academic year for which it seeks assistance under this part—

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 102–325, § 302(a)(1), (2), inserted “and” at end of subpar. (D), struck out subpar. (E), redesignated subpar. (F) as (E) and inserted “and” at end, and substituted period for semicolon at end of par. (2). Prior to amendment, subpar. (E) of par. (1) read as follows: “except as provided in section 1067(b) of this title which has, during the 5 academic years preceding the academic year for which it seeks assistance under this part—

    “(i) met the requirement of either subparagraph (C)(i) or (C)(ii), or of both such subparagraphs (simultaneously or consecutively); and “(ii) met the requirement of subparagraph (D); and”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by inserting “and” after the semicolon at the end of subparagraph (D); (B) by striking subparagraph (E); (C) by redesignating subparagraph (F) as subparagraph (E); and (D) by inserting “and” after the semicolon at the end of subparagraph (E) (as redesignated in subparagraph (C));

  10. Higher Education Amendments of 1992

    Pub. L. 102–325 § 302(a)(3) · 106 Stat. 448

    Struck · 20 U.S.C. § 1058(b)(3)(5)

    Pub. L. 102–325, § 302(a)(3), struck out pars. (3) to (5) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(3) to (5). Pub. L. 102–325, § 302(a)(3), struck out pars. (3) to (5) which read as follows:

    “(3) any institution of higher education which has an enrollment of which at least 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); “(4) any institution of higher education which has an enrollment of at least 60 percent American Indian, or in the case of Alaska natives, an enrollment of at least 5 percent, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); and “(5) any institution of higher education which has an enrollment of which at least 5 percent are Native Hawaiian, Asian American, American Samoan, Micronesian, Guamian (Chamorro), and Northern Marianian, or any combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1).”

    Enacted provision · exact public law section
    (3) by striking paragraphs (3), (4), and (5).

  11. Higher Education Amendments of 1992

    Pub. L. 102–325 § 302(b) · 106 Stat. 448

    Substituted · 20 U.S.C. § 1058(c)(2)

    Pub. L. 102–325, § 302(b), substituted “second fiscal year preceding the fiscal year for which the determination is made, unless the requirement” for “second preceding fiscal year, unless the requirement”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–325, § 302(b), substituted “second fiscal year preceding the fiscal year for which the determination is made, unless the requirement” for “second preceding fiscal year, unless the requirement”.

    Enacted provision · exact public law section
    (b) Enrollment of Needy Students.— Section 312(c)(2) of the Act is amended by striking “second preceding fiscal year” and inserting “second fiscal year preceding the fiscal year for which the determination is made”.

  12. Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2(a)(5) · 107 Stat. 2457

    Inserted · 20 U.S.C. § 1058(c)(2)

    Pub. L. 103–208 inserted “the” after “such institutions in”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 103–208 inserted “the” after “such institutions in”.

    Enacted provision · exact public law section
    (5) in section 312(c)(2), by inserting “the” before “second 20 USC 1058. fiscal year” the second place it appears;

  13. Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 353(1) · 108 Stat. 3518

    Amended · 20 U.S.C. § 1058(b)(1)(C)

    Pub. L. 103–382, § 353(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(C)(i) which is legally authorized to provide, and provides within the State, an educational program for which it awards a bachelor’s degree, or (ii) which is a junior or community college;”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 103–382, § 353(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(C)(i) which is legally authorized to provide, and provides within the State, an educational program for which it awards a bachelor’s degree, or (ii) which is a junior or community college;”.

    Enacted provision · exact public law section
    (1) by amending subparagraph (C) to read as follows: “(C) which is— “(i) legally authorized to provide, and provides within the State, an educational program for which such institution awards a bachelor’s degree; “(ii) a junior or community college; or “(iii) the College of the Marshall Islands, the College of Micronesia/Federated States of Micronesia, and Palau Community College;”.

  14. Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 353(2) · 108 Stat. 3518

    Added · 20 U.S.C. § 1058(b)(1)(F)

    Pub. L. 103–382, § 353(2), (3), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F). Pub. L. 103–382, § 353(2), (3), added subpar. (F).

    Enacted provision · exact public law section
    (2) in subparagraph (D), by striking “and” after the semicolon; and

  15. Higher Education Amendments of 1998

    Pub. L. 105–244 § 301(c)(2)(A) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1058(b)(1)(B)

    Pub. L. 105–244, § 301(c)(2)(A), substituted “section 1068a(b)” for “section 1067(b)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 105–244, § 301(c)(2)(A), substituted “section 1068a(b)” for “section 1067(b)”.

    Enacted provision · exact public law section
    (A) in subsection (b)(1)(B), by striking “352(b)” and inserting “392(b)”; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  16. Higher Education Amendments of 1998

    Pub. L. 105–244 § 303(b)(2) · 112 Stat. 1581

    Redesignated · 20 U.S.C. § 1058(c)

    Pub. L. 105–244, § 303(b)(2), added subsec. (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–244, § 303(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (2) by inserting after subsection (b) the following: “(c) Endowment fund.— For the purpose of this part, the term ‘endowment fund’ means a fund that— “(1) is established by State law, by an institution of higher education, or by a foundation that is exempt from Federal income taxation; “(2) is maintained for the purpose of generating income for the support of the institution; and “(3) does not include real estate.”.

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  17. Higher Education Amendments of 1998

    Pub. L. 105–244 § 301(c)(2)(B) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1058(c)(2)

    Pub. L. 105–244, § 301(c)(2)(B), substituted “section 1068a(a)” for “section 1067(a)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 105–244, § 301(c)(2)(B), substituted “section 1068a(a)” for “section 1067(a)”.

    Enacted provision · exact public law section
    (B) in subsection (c)(2), by striking “352(a)” and inserting “392(a)”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  18. Higher Education Amendments of 1998

    Pub. L. 105–244 § 303(b)(1) · 112 Stat. 1581

    Redesignated · 20 U.S.C. § 1058(d)(g)

    Pub. L. 105–244, § 303(b)(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (g). Pub. L. 105–244, § 303(b)(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  19. Higher Education Opportunity Act

    Pub. L. 110–315 § 302(1) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1058(b)(1)(A)

    Pub. L. 110–315, § 302(1), substituted “subsection (d)” for “subsection (c) of this section”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 110–315, § 302(1), substituted “subsection (d)” for “subsection (c) of this section”.

    Enacted provision · exact public law section
    (1) in subsection (b)(1)(A), by striking “subsection (c) of this section” and inserting “subsection (d)”;

  20. Higher Education Opportunity Act

    Pub. L. 110–315 § 305(b) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1058(d)

    Pub. L. 110–315, § 305(b), substituted “Except as provided in section 1059e(b) of this title, for the purpose” for “For the purpose” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–315, § 305(b), substituted “Except as provided in section 1059e(b) of this title, for the purpose” for “For the purpose” in introductory provisions.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 312(d) (20 U.S.C. 1058(d)) is amended by striking “For the purpose” and inserting “Except as provided in section 318(b), for the purpose”.

  21. Higher Education Opportunity Act

    Pub. L. 110–315 § 302(2) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1058(d)(2)

    Pub. L. 110–315, § 302(2), substituted “paragraph” for “subdivision”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 110–315, § 302(2), substituted “paragraph” for “subdivision”.

    Enacted provision · exact public law section
    (2) in subsection (d)(2), by striking “subdivision” and inserting “paragraph”;

  22. Higher Education Opportunity Act

    Pub. L. 110–315 § 302(3) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1058(g); 20 U.S.C. § 1058(h)

      Pub. L. 110–315, § 302(3), (4), added subsec. (g)

    2. Redesignated · 20 U.S.C. § 1058(g); 20 U.S.C. § 1058(h)

      Pub. L. 110–315, § 302(3), (4), redesignated former subsec. (g) as (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 110–315, § 302(3), (4), added subsec. (g) and redesignated former subsec. (g) as (h).

    Enacted provision · exact public law section
    (3) by redesignating subsection (g) as subsection (h); and

27 of 28 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 1058, Pub. L. 89–329, title III, § 312, as added Pub. L. 96–374, title III, § 301, , 94 Stat. 1391, defined terms used in this subchapter, prior to the general revision of this subchapter by Pub. L. 99–498.

Amendments1987–2008 · 7 rounds

2008

Subsec. (b)(1)(A). Pub. L. 110–315, § 302(1), substituted “subsection (d)” for “subsection (c) of this section”.

Subsec. (d). Pub. L. 110–315, § 305(b), substituted “Except as provided in section 1059e(b) of this title, for the purpose” for “For the purpose” in introductory provisions.

Subsec. (d)(2). Pub. L. 110–315, § 302(2), substituted “paragraph” for “subdivision”.

Subsecs. (g), (h). Pub. L. 110–315, § 302(3), (4), added subsec. (g) and redesignated former subsec. (g) as (h).

1998

Subsec. (b)(1)(B). Pub. L. 105–244, § 301(c)(2)(A), substituted “section 1068a(b)” for “section 1067(b)”.

Subsec. (c). Pub. L. 105–244, § 303(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (c)(2). Pub. L. 105–244, § 301(c)(2)(B), substituted “section 1068a(a)” for “section 1067(a)”.

Subsecs. (d) to (g). Pub. L. 105–244, § 303(b)(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively.

1994

Subsec. (b)(1)(C). Pub. L. 103–382, § 353(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(C)(i) which is legally authorized to provide, and provides within the State, an educational program for which it awards a bachelor’s degree, or (ii) which is a junior or community college;”.

Subsec. (b)(1)(F). Pub. L. 103–382, § 353(2), (3), added subpar. (F).

1993

Subsec. (c)(2). Pub. L. 103–208 inserted “the” after “such institutions in”.

1992

Subsec. (b)(1), (2). Pub. L. 102–325, § 302(a)(1), (2), inserted “and” at end of subpar. (D), struck out subpar. (E), redesignated subpar. (F) as (E) and inserted “and” at end, and substituted period for semicolon at end of par. (2). Prior to amendment, subpar. (E) of par. (1) read as follows: “except as provided in section 1067(b) of this title which has, during the 5 academic years preceding the academic year for which it seeks assistance under this part—

“(i) met the requirement of either subparagraph (C)(i) or (C)(ii), or of both such subparagraphs (simultaneously or consecutively); and

“(ii) met the requirement of subparagraph (D); and”.

Subsec. (b)(3) to (5). Pub. L. 102–325, § 302(a)(3), struck out pars. (3) to (5) which read as follows:

“(3) any institution of higher education which has an enrollment of which at least 20 percent are Mexican American, Puerto Rican, Cuban, or other Hispanic students, or combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1);

“(4) any institution of higher education which has an enrollment of at least 60 percent American Indian, or in the case of Alaska natives, an enrollment of at least 5 percent, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1); and

“(5) any institution of higher education which has an enrollment of which at least 5 percent are Native Hawaiian, Asian American, American Samoan, Micronesian, Guamian (Chamorro), and Northern Marianian, or any combination thereof, and which also satisfies the requirements of subparagraphs (A), (B), (C), and (D) of paragraph (1).”

Subsec. (c)(2). Pub. L. 102–325, § 302(b), substituted “second fiscal year preceding the fiscal year for which the determination is made, unless the requirement” for “second preceding fiscal year, unless the requirement”.

1988

Subsec. (f). Pub. L. 100–369 added subsec. (f).

1987

Subsec. (b)(1)(C), (D). Pub. L. 100–50, § 2(a)(2)(A), inserted “which” before “is” wherever appearing.

Subsec. (b)(1)(E). Pub. L. 100–50, § 2(a)(2)(B), inserted “which” before “has”.

Subsec. (b)(1)(F). Pub. L. 100–50, § 2(a)(2)(C), inserted “which” before “meets”.

Subsec. (b)(3), (5). Pub. L. 100–50, § 2(a)(3), (4), substituted “subparagraphs (A), (B), (C), and (D)” for “subparagraphs (A) and (B)”.

Subsec. (c)(1). Pub. L. 100–50, § 2(a)(5), inserted “in the second fiscal year preceding the fiscal year for which the determination is being made” after “chapter 34 of title 42”.

Subsec. (c)(2). Pub. L. 100–50, § 2(a)(6), substituted “fiscal year preceding the fiscal year for which determination is being made” for “preceding fiscal year” and “second preceding fiscal year” for “such fiscal year”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

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 Pub. L. 102–325 effective , see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title.

Credits

1986–2008 · 8 acts
  1. 1986Pub. L. 89–329, title III, § 312, as added Pub. L. 99–498, title III, § 301(a), , 100 Stat. 1292
  2. 1987amended Pub. L. 100–50, § 2(a)(2)–(6), , 101 Stat. 335
  3. 1988Pub. L. 100–369, § 10(a), , 102 Stat. 837
  4. 1992Pub. L. 102–325, title III, § 302(a), (b), , 106 Stat. 472
  5. 1993Pub. L. 103–208, § 2(a)(5), , 107 Stat. 2457
  6. 1994Pub. L. 103–382, title III, § 353, , 108 Stat. 3966
  7. 1998Pub. L. 105–244, title III, §§ 301(c)(2), 303(b), , 112 Stat. 1636, 1639
  8. 2008Pub. L. 110–315, title III, §§ 302, 305(b), , 122 Stat. 3167, 3173.
Show as published

(Pub. L. 89–329, title III, § 312, as added Pub. L. 99–498, title III, § 301(a), , 100 Stat. 1292; amended Pub. L. 100–50, § 2(a)(2)–(6), , 101 Stat. 335; Pub. L. 100–369, § 10(a), , 102 Stat. 837; Pub. L. 102–325, title III, § 302(a), (b), , 106 Stat. 472; Pub. L. 103–208, § 2(a)(5), , 107 Stat. 2457; Pub. L. 103–382, title III, § 353, , 108 Stat. 3966; Pub. L. 105–244, title III, §§ 301(c)(2), 303(b), , 112 Stat. 1636, 1639; Pub. L. 110–315, title III, §§ 302, 305(b), , 122 Stat. 3167, 3173.)

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