20 U.S.C. § 1087mm — Special rules for student aid index

Page 606 TITLE 20—EDUCATION § 1087mm 2006—Par. (4). Pub. L. 109–171, § 8016(1), added par. (4) and struck out former par. (4), which read as follows: ‘‘for less than half-time students (as determined by the institution) tuition and fees and an allowance for only books, supplies, and transportation (as determined by the institution) and dependent care expenses (in ac- cordance with paragraph (8));’’. Par. (13). Pub. L. 109–171, § 8016(2)–(4), added par. (13). 1998—Par. (2). Pub. L. 105–244, § 471(1), inserted ‘‘, including a reasonable allowance for the docu- mented rental or purchase of a personal computer,’’ after ‘‘personal expenses’’. Par. (3)(A). Pub. L. 105–244, § 471(2)(A), substituted ‘‘determined by the institution’’ for ‘‘of not less than $1,500’’. Par. (3)(C). Pub. L. 105–244, § 471(2)(B), struck out ‘‘, except that the amount may not be less than $2,500’’ after ‘‘room and board’’. Par. (10). Pub. L. 105–244, § 471(3), substituted a semi- colon for ‘‘, but this paragraph shall not be construed to permit including the cost of rental or purchase of equipment;’’. Par. (11). Pub. L. 105–244, § 471(4), substituted ‘‘en- gaged’’ for ‘‘placed’’. 1993—Par. (12). Pub. L. 103–208 added par. (12). 1992—Pub. L. 102–325 amended section generally, re- vising and restating as pars. (1) to (11) provisions for- merly contained in pars. (1) to (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 effective as if included in title VII of div. FF of Pub. L. 116–260 and subject to the effective date of section 701(b) of title VII (July 1, 2024), see section 103(d) of div. R of Pub. L. 117–103, set out as a note under section 1070a of this title. 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)(i) of Pub. L. 117–103, set out as an On-Time Effective Date Permitted note under section 1070a of this title. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–315, title IV, § 471(b), Aug. 14, 2008, 122 Stat. 3269, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on July 1, 2010.’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title. 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(b) of Pub. L. 102–325, set out as a note under section 1087kk of this title. § 1087mm. Special rules for student aid index (a) In general For the purpose of this chapter, the term ‘‘stu- dent aid index’’ means, with respect to a stu- dent, an index that reflects an evaluation of a student’s approximate financial resources to contribute toward the student’s postsecondary education for the academic year, as determined in accordance with this part. (b) Special rule for students eligible for the total maximum Pell Grant The Secretary shall consider an applicant to automatically have a student aid index equal to zero if the applicant is eligible for the total maximum Federal Pell Grant under section 1070a(b)(1)(A) of this title, except that, if the ap- plicant has a calculated student aid index of less than zero the Secretary shall consider the nega- tive number as the student aid index for the ap- plicant. (c) Special rule for nonfilers Notwithstanding subsection (b), for an appli- cant (or, as applicable, an applicant and spouse, or an applicant’s parents) who is not required to file a Federal tax return for the second pre- ceding tax year, the Secretary shall for the pur- poses of this subchapter consider the student aid index as equal to ¥ $1,500 for the applicant. (Pub. L. 89–329, title IV, § 473, as added Pub. L. 99–498, title IV, § 406(a), Oct. 17, 1986, 100 Stat. 1455; amended Pub. L. 102–325, title IV, § 471(a), July 23, 1992, 106 Stat. 586; Pub. L. 105–244, title IV, § 480(b), Oct. 7, 1998, 112 Stat. 1732; Pub. L. 111–39, title IV, § 406(a)(1), July 1, 2009, 123 Stat. 1948; Pub. L. 115–141, div. H, title III, § 317, Mar. 23, 2018, 132 Stat. 753; Pub. L. 116–260, div. FF, title VII, § 702(b), Dec. 27, 2020, 134 Stat. 3138.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 amended section generally. Prior to amendment, section provided definition of family contribution with respect to any student for the pur- pose of this subchapter, other than subpart 2 of part A, and provided special rule related to family contribu- tion. 2018—Subsec. (b)(2). Pub. L. 115–141, § 317(1)(A), in- serted ‘‘(in the case of a student who meets the require- ment of subparagraph (B)(i)), or academic year 2018–2019 (in the case of a student who meets the requirement of subparagraph (B)(ii)),’’ after ‘‘academic year 2009–2010’’ in introductory provisions. Subsec. (b)(2)(B). Pub. L. 115–141, § 317(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘whose parent or guardian was a mem- ber of the Armed Forces of the United States and died as a result of performing military service in Iraq or Af- ghanistan after September 11, 2001; and’’. Subsec. (b)(3). Pub. L. 115–141, § 317(2), designated ex- isting provisions as subpar. (A), inserted heading, sub- stituted ‘‘subparagraphs (A), (B)(i), and (C) of para- graph (2)’’ for ‘‘paragraph (2)’’, and added subpar. (B). Subsec. (b)(4), (5). Pub. L. 115–141, § 317(3), added pars. (4) and (5). 2009—Pub. L. 111–39 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘For the pur- pose of this subchapter, other than subpart 2 of part A, and except as provided in subsection (b),’’ for ‘‘For the Page 607 TITLE 20—EDUCATION § 1087oo purpose of this subchapter, except subpart 2 of part A,’’, and added subsec. (b). 1998—Pub. L. 105–244 substituted ‘‘subpart 2’’ for ‘‘sub- part 4’’. 1992—Pub. L. 102–325 amended section generally. Prior to amendment, section read as follows: ‘‘For the pur- pose of this subchapter, except subparts 1 and 3 of part A, the term ‘family contribution’ with respect to any student means the amount which the student and his or her family may be reasonably expected to contribute toward his or her postsecondary education for the aca- demic year for which the determination is made, as de- termined in accordance with this part.’’ 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)(i) of Pub. L. 117–103, set out as an On-Time Effective Date Permitted note under section 1070a of this title. EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–39, title IV, § 406(b), July 1, 2009, 123 Stat. 1950, provided that: ‘‘The amendments made by— ‘‘(1) paragraph (1) of subsection (a) [amending this section] shall take effect on July 1, 2009; and ‘‘(2) paragraph (4) of such subsection [amending sec- tion 1087ss of this title] shall be effective as if en- acted as part of the amendments in section 602(a) of the College Cost Reduction and Access Act (Public Law 110–84), and shall take effect on July 1, 2009.’’ 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 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. § 1087nn. Determination of student aid index The student aid index— (1) for a dependent student shall be deter- mined in accordance with section 1087oo of this title; (2) for a single independent student or a married independent student without depend- ents (other than a spouse) shall be determined in accordance with section 1087pp of this title; and (3) for an independent student with depend- ents other than a spouse shall be determined in accordance with section 1087qq of this title. (Pub. L. 89–329, title IV, § 474, as added Pub. L. 99–498, title IV, § 406(a), Oct. 17, 1986, 100 Stat. 1456; amended Pub. L. 100–369, § 7(c), July 18, 1988, 102 Stat. 837; Pub. L. 102–325, title IV, § 471(a), July 23, 1992, 106 Stat. 587; Pub. L. 105–244, title IV, § 472, Oct. 7, 1998, 112 Stat. 1729; Pub. L. 116–260, div. FF, title VII, § 702(c), Dec. 27, 2020, 134 Stat. 3141.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 amended section generally. Prior to amendment, section related to determination of ex- pected family contribution and the data elements to be considered. 1998—Subsec. (b)(3). Pub. L. 105–244 inserted ‘‘, excluding the student’s parents,’’ after ‘‘family of the student’’. 1992—Pub. L. 102–325 substituted ‘‘Determination of expected family contribution; data elements’’ for ‘‘Data elements used in determining expected family contribution’’ in section catchline and amended text generally, adding subsec. (a), designating existing pro- visions as subsec. (b) and inserting heading, adding the age of the older parent, in the case of a dependent stu- dent, and the student as a data element and striking out consideration of any unusual medical and dental expenses and consideration of the number of dependent children other than the student enrolled in a private el- ementary or secondary institution and the unreim- bursed tuition paid as data elements. 1988—Par. (8). Pub. L. 100–369 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 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 1998 AMENDMENT Amendment by Pub. L. 105–244, effective Oct. 7, 1998, and applicable with respect to determinations of need under this part for academic years beginning on or after July 1, 2000, see section 480A of Pub. L. 105–244, set out as a note under section 1087kk 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. § 1087oo. Student aid index for dependent stu- dents (a) Computation of student aid index (1) In general Except as provided in paragraph (2), for each dependent student, the student aid index is equal to the sum of— (A) the assessment of the parents’ adjusted available income (determined in accordance with subsection (b)); (B) the assessment of the student’s avail- able income (determined in accordance with subsection (g)); and (C) the student’s available assets (deter- mined in accordance with subsection (h)). (2) Exception If the sum determined under paragraph (1) with respect to a dependent student is less than ¥ $1,500, the student aid index for the de- pendent student shall be ¥ $1,500. (b) Assessment of parents’ adjusted available in- come The assessment of parents’ adjusted available income is equal to the amount determined by— (1) computing adjusted available income by adding—