20 U.S.C. § 1088a — Clock and credit hour treatment of di-

Page 636 TITLE 20—EDUCATION § 1088a ‘‘(4) section 484(m)(1) [20 U.S.C. 1091(m)(1)], relating to proportion of courses permitted to be correspond- ence courses, as added by such amendments shall be effective on and after October 1, 1992; ‘‘(5) the changes in section 485 [20 U.S.C. 1092], re- lating to disclosures, shall be effective with respect to periods of enrollment beginning on or after July 1, 1993; ‘‘(6) the changes in section 488 [20 U.S.C. 1095], re- lating to transfers of allotments, shall apply with re- spect to funds provided for award years beginning on or after July 1, 1993; and ‘‘(7) the changes in section 489 [20 U.S.C. 1096], re- lating to payments for administrative expenses, shall apply with respect to funds provided for award years beginning on or after July 1, 1993.’’ 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 1990 AMENDMENT Section 3005(c) of Pub. L. 101–508, which provided that the amendments made by section 3005 (amending this section and section 1091 of this title) were to apply to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after Jan. 1, 1991, was repealed by section 2(d)(2)(A) of Pub. L. 102–26. See Construction of 1991 Amendment note below. 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. CONSTRUCTION OF 2006 AMENDMENT Nothing in amendment by section 8007(d) of Pub. L. 109–171 to be construed to authorize any refunding of any repayment of a loan, see section 8007(e) of Pub. L. 109–171, set out as a note under section 1078 of this title. CONSTRUCTION OF 1991 AMENDMENT Pub. L. 102–26, § 2(d)(2)(A), Apr. 9, 1991, 105 Stat. 124, provided that: ‘‘Section 3005 of the Omnibus Reconcili- ation Act of 1990 [Pub. L. 101–508, amending this section and section 1091 of this title and enacting provisions set out as a note above] is repealed. Sections 484(d) and 481(b) of the Act [20 U.S.C. 1091(d), 1088(b)] shall be ap- plied as if such section 3005 had not been enacted.’’ NEED-BASED AID Pub. L. 102–325, title XV, § 1544, July 23, 1992, 106 Stat. 837, authorized institutions of higher education to vol- untarily agree with other such institutions to award fi- nancial aid not awarded under this chapter to students attending such institutions only on basis of dem- onstrated financial need for such aid, and to discuss and adopt principles of professional judgment for deter- mining student financial need for such aid, with excep- tions for cases pending on July 23, 1992, and for discus- sions or agreements on prospective financial aid awards to specific common applicants, and provided that such authorization was to expire on Sept. 30, 1994, prior to repeal by Pub. L. 103–382, title V, § 568(e)(2), Oct. 20, 1994, 108 Stat. 4061. See section 568(a)–(d) of Pub. L. 103–382, set out as a note under section 1 of Title 15, Commerce and Trade. § 1088a. Clock and credit hour treatment of di- ploma nursing schools Notwithstanding any other provision of this chapter, any regulations promulgated by the Secretary concerning the relationship between clock hours and semester, trimester, or quarter hours in calculating student grant, loan, or work assistance under this subchapter, shall not apply to a public or private nonprofit hospital- based school of nursing that awards a diploma at the completion of the school’s program of edu- cation. (Pub. L. 89–329, title IV, § 481A, as added Pub. L. 103–382, title III, § 360(a), Oct. 20, 1994, 108 Stat. 3969.) Editorial Notes PRIOR PROVISIONS Prior sections 1088a to 1088g were omitted in the gen- eral amendment of this part by Pub. L. 96–374. Section 1088a, Pub. L. 89–329, title IV, § 492, formerly § 462, as added Pub. L. 90–575, title I, § 151, Oct. 16, 1968, 82 Stat. 1032; renumbered § 492, Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 272, related to the eligi- bility of residents of the Trust Territory of the Pacific Islands. See section 1091(b) of this title. Section 1088b, Pub. L. 89–329, title IV, § 493, formerly § 463, as added Pub. L. 90–575, title I, § 152, Oct. 16, 1968, 82 Stat. 1033; renumbered § 493, Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 272; amended Pub. L. 94–482, title I, § 131(a), Oct. 12, 1976, 90 Stat. 2147; Pub. L. 95–43, § 1(a)(40), June 15, 1977, 91 Stat. 217, related to ad- ministration expenses. See section 1096 of this title. Section 1088b–1, Pub. L. 89–329, title IV, § 493A, as added Pub. L. 94–482, title I, § 131(b), Oct. 12, 1976, 90 Stat. 2148, related to institutional and financial assist- ance information for students. See section 1092 of this title. Section 1088b–2, Pub. L. 89–329, title IV, § 493B, as added Pub. L. 94–482, title I, § 131(b), Oct. 12, 1976, 90 Stat. 2149, related to student aid information services. Section 1088b–3, Pub. L. 89–329, title IV, § 493C, as added Pub. L. 94–482, title I, § 131(b), Oct. 12, 1976, 90 Stat. 2149, related to the student financial assistance training program. Section 1088c, Pub. L. 89–329, title IV, § 494, formerly § 464, as added Pub. L. 90–575, title I, § 152, Oct. 16, 1968, 82 Stat. 1033; renumbered § 494 and amended Pub. L. 92–318, title I, §§ 137(b), 138(a), June 23, 1972, 86 Stat. 272, 280, related to maintenance of effort requirement. Section 1088d, Pub. L. 89–329, title IV, § 495, as added Pub. L. 92–318, title I, § 139, June 23, 1972, 86 Stat. 280; amended S. Res. 4, Feb. 4, 1977; S. Res. 30, Mar. 7, 1979, related to requirement that copies of rules, regulations, instructions, and application forms be supplied to Con- gressional committees. Section 1088e, Pub. L. 89–329, title IV, § 496, as added Pub. L. 92–318, title I, § 139A(a), June 23, 1972, 86 Stat. 281, related to transfer of funds between programs. See section 1095 of this title. Section 1088f, Pub. L. 89–329, title IV, § 497, as added Pub. L. 92–318, title I, § 139B(a), June 23, 1972, 86 Stat. 281; amended Pub. L. 94–482, title I, § 132, Oct. 12, 1976, 90 Stat. 2150; Pub. L. 95–566, § 7, Nov. 1, 1978, 92 Stat. 2404, related to eligibility for student assistance. See section 1091 of this title. Section 1088f–1, Pub. L. 89–329, title IV, § 497A, as added Pub. L. 94–482, title I, § 133(a), Oct. 12, 1976, 90 Stat. 2150; amended Pub. L. 95–43, § 1(a)(41), June 15, 1977, 91 Stat. 217; Pub. L. 95–561, title XII, § 1231(b), Nov. 1, 1978, 92 Stat. 2346, related to fiscal eligibility of insti- tutions. Section 1088g, Pub. L. 89–329, title IV, § 498, as added Pub. L. 92–318, title I, § 139C(a), June 23, 1972, 86 Stat. 282, related to requirement of an affidavit of edu- cational purpose. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–382, title III, § 360(b), Oct. 20, 1994, 108 Stat. 3969, provided that: ‘‘Subsection (a) [enacting this sec- Page 637 TITLE 20—EDUCATION § 1089 1 See References in Text note below. tion] and the amendment made by subsection (a) shall take effect on July 1, 1994.’’ § 1089. Master calendar (a) Secretary required to comply with schedule To assure adequate notification and timely de- livery of student aid funds under this sub- chapter, the Secretary shall adhere to the fol- lowing calendar dates in the year preceding the award year: (1) Development and distribution of Federal and multiple data entry forms— (A) by February 1: first meeting of the technical committee on forms design of the Department; (B) by March 1: proposed modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) 1 of this title published in the Federal Register; (C) by June 1: final modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) 1 of this title published in the Fed- eral Register; (D) by August 15: application for Federal student assistance and multiple data entry data elements and instructions approved; (E) by August 30: final approved forms de- livered to servicers and printers; (F) by October 1: Federal and multiple data entry forms and instructions printed; and (G) by November 1: Federal and multiple data entry forms, instructions, and training materials distributed. (2) Allocations of campus-based and Pell Grant funds— (A) by August 1: distribution of institu- tional application for campus-based funds (FISAP) to institutions; (B) by October 1: final date for submission of FISAP by institutions to the Department; (C) by November 15: edited FISAP and computer printout received by institutions; (D) by December 1: appeals procedures re- ceived by institutions; (E) by December 15: edits returned by in- stitutions to the Department; (F) by February 1: tentative award levels received by institutions and final Pell Grant payment schedule; (G) by February 15: closing date for receipt of institutional appeals by the Department; (H) by March 1: appeals process completed; (I) by April 1: final award notifications sent to institutions; and (J) by June 1: Pell Grant authorization levels sent to institutions. (3) The Secretary shall, to the extent prac- ticable, notify eligible institutions, guaranty agencies, lenders, interested software pro- viders, and, upon request, other interested par- ties, by December 1 prior to the start of an award year of minimal hardware and software requirements necessary to administer pro- grams under this subchapter. (4) The Secretary shall attempt to conduct training activities for financial aid adminis- trators and others in an expeditious and time- ly manner prior to the start of an award year in order to ensure that all participants are in- formed of all administrative requirements. (b) 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, re- spectively. However, such reallocation shall occur at least once each year, not later than September 30 of that year. (c) Delay of effective date of late publications (1) Except as provided in paragraph (2), any regulatory changes initiated by the Secretary affecting the programs under this subchapter that have not been published in final form by November 1 prior to the start of the award year shall not become effective until the beginning of the second award year after such November 1 date. (2)(A) The Secretary may designate any regu- latory provision that affects the programs under this subchapter and is published in final form after November 1 as one that an entity subject to the provision may, in the entity’s discretion, choose to implement prior to the effective date described in paragraph (1). The Secretary may specify in the designation when, and under what conditions, an entity may implement the provi- sion prior to that effective date. The Secretary shall publish any designation under this sub- paragraph in the Federal Register. (B) If an entity chooses to implement a regu- latory provision prior to the effective date de- scribed in paragraph (1), as permitted by sub- paragraph (A), the provision shall be effective with respect to that entity in accordance with the terms of the Secretary’s designation. (d) Notice to Congress The Secretary shall notify the authorizing committees when a deadline included in the cal- endar 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 informa- tion to the Secretary based on the failure of the Secretary to adhere to the dates specified in this section. (e) Compliance calendar Prior to the beginning of each award year, the Secretary shall provide to institutions of higher education a list of all the reports and disclo- sures required under this chapter. The list shall include— (1) the date each report or disclosure is re- quired to be completed and to be submitted, made available, or disseminated; (2) the required recipients of each report or disclosure; (3) any required method for transmittal or dissemination of each report or disclosure; (4) a description of the content of each re- port or disclosure sufficient to allow the insti- tution to identify the appropriate individuals to be assigned the responsibility for such re- port or disclosure;