20 U.S.C. § 1087uu — Disregard of student aid in other pro-

Page 624 TITLE 20—EDUCATION § 1087uu 1998—Subsec. (a). Pub. L. 105–244, § 478(1), inserted after second sentence ‘‘Special circumstances may in- clude tuition expenses at an elementary or secondary school, medical or dental expenses not covered by in- surance, unusually high child care costs, recent unem- ployment of a family member, the number of parents enrolled at least half-time in a degree, certificate, or other program leading to a recognized educational cre- dential at an institution with a program participation agreement under section 1094 of this title, or other changes in a family’s income, a family’s assets, or a student’s status.’’ Subsec. (c). Pub. L. 105–244, § 478(2), amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) related to student financial aid administra- tors making adjustments for special circumstances. 1993—Subsec. (c). Pub. L. 103–208 added subsec. (c). 1992—Pub. L. 102–325 amended section generally, re- vising and restating provisions of subsecs. (a) and (b) and striking out former subsec. (c) which related to asset adjustment as example. 1989—Subsec. (a). Pub. L. 101–239 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Nothing in this subchapter shall be interpreted as limiting the authority of the student financial aid administrator, on the basis of adequate documentation, to make necessary adjustments to the cost of attend- ance and expected student or parent contribution (or both) to allow for treatment of individual students with special circumstances. In addition, nothing in this subchapter shall be interpreted as limiting the author- ity of the student financial aid administrator to use supplementary information about the financial status or personal circumstance of eligible applicants in se- lecting recipients and determining the amount of awards under subparts 1 and 2 of part A and parts B, C, and E of this subchapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subse- quent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title. Implementation of amendment by Pub. L. 116–260 allowed on or after July 1, 2023, see section 102(c)(1)(A)(ii) of Pub. L. 117–103, set out as an On-Time Effective Date Permitted note under section 1070a of this title. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–84, title VI, § 603(b), Sept. 27, 2007, 121 Stat. 806, as amended by Pub. L. 110–315, title IV, § 472(b), Aug. 14, 2008, 122 Stat. 3270, provided that: ‘‘The amend- ments made by this section [amending this section] shall take effect on the date of enactment of the Higher Education Opportunity Act [Aug. 14, 2008].’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 7, 1998, see section 480A of Pub. L. 105–244, set out as a note under section 1087kk 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 applicable with re- spect to determinations of need under this part for award years beginning on or after July 1, 1993, see sec- tion 471(a) of Pub. L. 102–325, set out as a note under section 1087kk of this title. EFFECTIVE DATE Section effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see sec- tion 27 of Pub. L. 100–50, set out as an Effective Date of 1987 Amendment note under section 1001 of this title. § 1087uu. Disregard of student aid in other pro- grams Notwithstanding any other provision of law, student financial assistance received under this subchapter, Bureau of Indian Education student assistance programs, and employment and train- ing programs under section 3174 of title 29 shall not be taken into account in determining the need or eligibility of any person for benefits or assistance, or the amount of such benefits or as- sistance, under any Federal, State, or local pro- gram financed in whole or in part with Federal funds. (Pub. L. 89–329, title IV, § 479B, as added Pub. L. 100–50, § 14(27), June 3, 1987, 101 Stat. 353; amend- ed Pub. L. 102–325, title IV, § 471(a), July 23, 1992, 106 Stat. 606; Pub. L. 116–260, div. FF, title VII, § 702(j), Dec. 27, 2020, 134 Stat. 3160.) Editorial Notes PRIOR PROVISIONS A prior section 1087uu, Pub. L. 89–329, title IV, § 479B, as added Pub. L. 99–498, title IV, § 406(a), Oct. 17, 1986, 100 Stat. 1472, related to exclusion of student financial assistance for attendance costs in determining student eligibility for assistance under any other program fund- ed in whole or part with Federal funds, prior to repeal by section 14(27) of Pub. L. 100–50. AMENDMENTS 2020—Pub. L. 116–260 amended section generally. Prior to amendment, text read as follows: ‘‘Notwithstanding any other provision of law, student financial assistance received under this subchapter, or under Bureau of In- dian Affairs student assistance programs, shall not be taken into account in determining the need or eligi- bility of any person for benefits or assistance, or the amount of such benefits or assistance, under any Fed- eral, State, or local program financed in whole or in part with Federal funds.’’ 1992—Pub. L. 102–325 amended section generally, re- vising and restating as a single paragraph provisions formerly contained in subsec. (a) which proscribed con- sideration of aid for attendance costs as income or re- sources, and in subsec. (b) which delineated elements of attendance costs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subse- quent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 applicable with re- spect to determinations of need under this part for Page 625 TITLE 20—EDUCATION § 1087uu–2 1 See References in Text note below. award years beginning on or after July 1, 1993, see sec- tion 471(b) of Pub. L. 102–325, set out as a note under section 1087kk of this title. EFFECTIVE DATE Section effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see sec- tion 27 of Pub. L. 100–50, set out as an Effective Date of 1987 Amendment note under section 1001 of this title. Section applicable with respect to financial assist- ance provided for any academic year beginning after Oct. 17, 1986, see section 406(b)(4) of Pub. L. 99–498, as amended, set out as a note under section 1087kk of this title. § 1087uu–1. Native American students (a) In general In determining the student aid index for Na- tive American students, computations per- formed pursuant to this part shall exclude— (1) any income and assets of $2,000 or less per individual payment received by the student (and spouse) and student’s parents under Pub- lic Law 98–64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known as the ‘‘Per Capita Act’’) or the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); and (2) any income received by the student (and spouse) and student’s parents under the Alas- ka Native Claims Settlement Act (43 U.S.C. 1601 et seq.) or the Maine Indian Claims Set- tlement Act of 1980 (25 U.S.C. 1721 et seq.).1 (b) Guidance The Secretary shall develop guidance, in con- sultation with Tribal Colleges and Universities (as defined in section 1059c of this title) and the State higher education agency in Alaska and Maine, to implement the determination under subsection (a) without adding additional ques- tions to the FAFSA, including through the use of the authority under section 1087tt of this title. (Pub. L. 89–329, title IV, § 479C, as added Pub. L. 100–50, § 14(27), June 3, 1987, 101 Stat. 353; amend- ed Pub. L. 102–325, title IV, § 471(a), July 23, 1992, 106 Stat. 606; Pub. L. 111–39, title IV, § 406(a)(5), July 1, 2009, 123 Stat. 1949; Pub. L. 116–260, div. FF, title VII, § 702(k), Dec. 27, 2020, 134 Stat. 3160.) Editorial Notes REFERENCES IN TEXT Public Law 98–64, referred to in subsec. (a)(1), is Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, commonly known as the Per Capita Act, which enacted sections 117a to 117c of Title 25, Indians, and repealed section 117 of Title 25. For complete classification of this Act to the Code, see Tables. The Indian Tribal Judgment Funds Use or Distribu- tion Act, referred to in subsec. (a)(1), is Pub. L. 93–134, Oct. 19, 1973, 87 Stat. 466, which is classified generally to chapter 16 (§ 1401 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see sec- tion 1401(c) of Title 25 and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (a)(2), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Maine Indian Claims Settlement Act of 1980, re- ferred to in subsec. (a)(2), is Pub. L. 96–420, Oct. 10, 1980, 94 Stat. 1785, which was classified generally to sub- chapter II (§ 1721 et seq.) of chapter 19 of Title 25, Indi- ans, and was omitted from the Code as being of special and not general application. AMENDMENTS 2020—Pub. L. 116–260 amended section generally. Prior to amendment, text read as follows: ‘‘In determining family contributions for Native American students, computations performed pursuant to this part shall ex- clude— ‘‘(1) any income and assets of $2,000 or less per indi- vidual payment received by the student (and spouse) and student’s parents under Public Law 98–64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known as the ‘Per Capita Act’) or the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); and ‘‘(2) any income received by the student (and spouse) and student’s parents under the Alaska Na- tive Claims Settlement Act (43 U.S.C. 1601 et seq.) or the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721 et seq.).’’ 2009—Par. (1). Pub. L. 111–39, § 406(a)(5)(A), substituted ‘‘under Public Law 98–64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known as the ‘Per Capita Act’) or the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); and’’ for ‘‘under the Per Capita Act or the Distribution of Judgment Funds Act; and’’. Par. (2). Pub. L. 111–39, § 406(a)(5)(B), substituted ‘‘Alaska’’ for ‘‘Alaskan’’ and inserted ‘‘(43 U.S.C. 1601 et seq.)’’ after ‘‘Native Claims Settlement Act’’ and ‘‘of 1980 (25 U.S.C. 1721 et seq.)’’ after ‘‘Maine Indian Claims Settlement Act’’. 1992—Pub. L. 102–325 amended section generally, re- enacting provisions without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subse- quent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 applicable with re- spect to determinations of need under this part for award years beginning on or after July 1, 1993, see sec- tion 471(b) of Pub. L. 102–325, set out as a note under section 1087kk of this title. EFFECTIVE DATE Section effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see sec- tion 27 of Pub. L. 100–50, set out as an Effective Date of 1987 Amendment note under section 1001 of this title. § 1087uu–2. Special rules for independent stu- dents (a) Determination process for unaccompanied homeless youth In making a determination of independence under section 1087vv(d)(8) of this title, a finan- cial aid administrator shall comply with the fol- lowing: