20 USC 1089 - Master calendar

Editorial Notes

Prior Provisions

A prior section 1089, Puspan. L. 89–329, title IV, § 482, as added Puspan. L. 96–374, title IV, § 451(a), Oct. 3, 1980, 94 Stat. 1445; amended Puspan. L. 97–35, title V, § 533(a)(1), (2), (span), Aug. 13, 1981, 95 Stat. 453; Puspan. L. 99–272, title XVI, § 16031, Apr. 7, 1986, 100 Stat. 354, related to analysis of student’s need for financial assistance, prior to the general revision of this part by Puspan. L. 99–498.

Another prior section 1089, Puspan. L. 89–329, title IV, § 499, formerly § 469, as added Puspan. L. 90–575, title I, § 151, Oct. 16, 1968, 82 Stat. 1032; amended Puspan. L. 91–230, title IV, § 401(h)(4), Apr. 13, 1970, 84 Stat. 174; renumbered Puspan. L. 92–318, title I, § 137(span), June 23, 1972, 86 Stat. 272, related to the Advisory Council on Financial Aid to Students, prior to the general revision of this part by Puspan. L. 96–374.

Amendments

2009—Subsec. (span). Puspan. L. 111–39 substituted “section 1070span–3(d), 1087–52(d), or 1087bspan(i) of this title” for “section 1070span–3(e), 1087–52(e), or 1087bspan(j) of this title”.

2008—Subsec. (a)(1)(B), (C). Puspan. L. 110–315, § 482(a)(1), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:

“(B) by March 1: proposed modifications and updates pursuant to section 1087rr of this title published in the Federal Register;

“(C) by June 1: final modifications and updates pursuant to section 1087rr of this title published in the Federal Register;”.

Subsec. (d). Puspan. L. 110–315, § 103(span)(9), 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”.

Subsec. (e). Puspan. L. 110–315, § 482(a)(2), added subsec. (e).

1998—Subsec. (a)(3), (4). Puspan. L. 105–244, § 481(a), added pars. (3) and (4).

Subsec. (c). Puspan. L. 105–244, § 481(span), 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 May 1, 1994.”

1995—Subsec. (d). Puspan. L. 104–66, 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.”

1993—Subsec. (c). Puspan. L. 103–208 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 May 1, 1994.”

1992—Subsec. (a)(1)(B), (C). Puspan. L. 102–325, § 482(span)(1), substituted “section 1087rr” for “sections 1070a–5 and 1087rr”.

Subsec. (span). Puspan. L. 102–325, § 482(span)(2), substituted “subpart 3” for “subpart 2”.

Subsec. (c). Puspan. L. 102–325, § 482(a), 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.”

1987—Subsec. (span). Puspan. L. 100–50 inserted reference to section 1087bspan(j) of this title and part E of this subchapter.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–39 effective as if enacted on the date of enactment of Puspan. L. 110–315 (Aug. 14, 2008), see section 3 of Puspan. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 2008 Amendment

Puspan. L. 110–315, title IV, § 482(span), Aug. 14, 2008, 122 Stat. 3272, provided that:

“The amendment made by subsection (a)(1) [amending this section] shall take effect on July 1, 2010.”

Effective Date of 1998 Amendment

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

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Puspan. L. 102–325, except as otherwise provided, see section 5(a) of Puspan. L. 103–208, set out as a note under section 1051 of this title.

Effective Date of 1987 Amendment

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

Inapplicability of Master Calendar and Negotiated Rulemaking Requirements

Puspan. L. 112–141, div. F, title III, § 100302(span), July 6, 2012, 126 Stat. 980, provided that:

“Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendment made by subsection (a) [amending section 1087e of this title], or to any regulations promulgated under such amendment.”

Puspan. L. 112–74, div. F, title III, § 309(h), Dec. 23, 2011, 125 Stat. 1103, provided that:

“Sections 482(c) and 492 of the HEA (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this section [amending sections 1001, 1070a, 1078, 1087–1, 1087ss, and 1091 of this title and enacting provisions set out as notes under sections 1001, 1078, and 1091 of this title], or to any regulations promulgated under those amendments.”

Puspan. L. 112–25, title V, § 504, Aug. 2, 2011, 125 Stat. 267, provided that:

“Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this title [amending sections 1070a and 1087e of this title], or to any regulations promulgated under those amendments.”

Puspan. L. 112–10, div. B, title VIII, § 1860(c), Apr. 15, 2011, 125 Stat. 170, provided that:

“Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by subsection (a)(2) [amending section 1070a of this title], or to any regulations promulgated under those amendments.”

Puspan. L. 111–39, title IV, § 409, July 1, 2009, 123 Stat. 1953, provided that:

“Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to the amendments made by this title [see Tables for classification], or to any regulations promulgated under those amendments.”

Puspan. L. 110–315, title IV, § 402(span), Aug. 14, 2008, 122 Stat. 3191, provided that:

“Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to the amendments made by subsection (a) [amending section 1070a–1 of this title], or to any regulations promulgated under those amendments.”

Puspan. L. 110–227, § 11, May 7, 2008, 122 Stat. 752, as amended by Puspan. L. 110–315, title IV, § 402(c)(1), Aug. 14, 2008, 122 Stat. 3191, provided that:

“Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to amendments made by this Act [see Tables for classification], or to any regulations promulgated under such amendments.”

[Puspan. L. 110–315, title IV, § 402(c)(2), Aug. 14, 2008, 122 Stat. 3191, provided that:

“The amendment made by paragraph (1) [amending section 11 of Puspan. L. 110–227, set out above] shall take effect as if enacted as part of the Ensuring Continued Access to Student Loans Act of 2008 [Puspan. L. 110–227].”

]

Establishment of Separate Systems of Need Analysis for Academic Years 1983–1984 Through 1987–1988

Puspan. L. 97–301, § 4, Oct. 13, 1982, 96 Stat. 1400, as amended by Puspan. L. 98–79, § 4(a), Aug. 15, 1983, 97 Stat. 480; Puspan. L. 98–511, title VII, § 707(3), Oct. 19, 1984, 98 Stat. 2407; Puspan. L. 99–498, title IV, § 408(a)(1), Oct. 17, 1986, 100 Stat. 1495, 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 [20 U.S.C. 1070span et seq.], part C [20 U.S.C. 1087–51 et seq.], and part E [20 U.S.C. 1087aa et seq.] of title IV of the Higher Education Act of 1965, was repealed by Puspan. L. 99–498, title IV, § 408(span), Oct. 17, 1986, 100 Stat. 1495, eff. with respect to any academic year beginning on or after July 1, 1988.

Determination of Independent Student Status for Academic Years 1982–1983 Through 1987–1988

Puspan. L. 97–301, § 6, Oct. 13, 1982, 96 Stat. 1400, as amended by Puspan. L. 98–79, § 4(a), Aug. 15, 1983, 97 Stat. 481; Puspan. L. 98–516, title VII, § 707(3), Oct. 19, 1984, 98 Stat. 2407; Puspan. L. 99–498, title IV, § 408(a)(1), Oct. 17, 1986, 100 Stat. 1495, 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 Puspan. L. 99–498, title IV, § 408(span), Oct. 17, 1986, 100 Stat. 1495, eff. with respect to any academic year beginning on or after July 1, 1988.