Amendment of Section
Pub. L. 116–260, div. FF, title VII, §§ 701(b), 702(a)(1), Dec. 27, 2020, 134 Stat. 3137, 3138, provided that, effective July 1, 2023, except as otherwise expressly provided, and applicable with respect to award year 2023–2024 and each subsequent award year, as determined under this chapter, this section is amended to read as follows:
§ 1087kk. Amount of need
Except as otherwise provided therein, for award year 2023–2024 and each subsequent award year, the amount of need of any student for financial assistance under this subchapter (except subpart 1 or 2 of part A) is equal to—
(1) the cost of attendance of such student, minus
(2) the student aid index (as defined in section 1087mm of this title) for such student, minus
(3) other financial assistance not received under this subchapter (as defined in section 1087vv(i) of this title).
See 2020 Amendment note below.
Amendments
2020—Pub. L. 116–260 amended section generally. Prior to amendment, text read as follows: “Except as otherwise provided therein, the amount of need of any student for financial assistance under this subchapter (except subparts 1 or 2 of part A of this subchapter) is equal to—
“(1) the cost of attendance of such student, minus
“(2) the expected family contribution for such student, minus
“(3) estimated financial assistance not received under this subchapter (as defined in section 1087vv(j) of this title).”
1998—Pub. L. 105–244 substituted “or 2” for “or 4” in introductory provisions.
1992—Pub. L. 102–325 amended section generally. Prior to amendment, section read as follows: “Except as otherwise provided therein, the amount of need of any student for financial assistance under this subchapter (except subparts 1 and 3 of part A of this subchapter) is equal to the cost of attendance of such student minus the expected family contribution for such student.”
Effective Date of 1998 Amendment
Pub. L. 105–244, title IV, § 480A, Oct. 7, 1998, 112 Stat. 1732, provided that:
“(a) In General.—
Except as provided in subsection (b), the amendments made by this part [part F (§§ 471–480A) of title IV of
Pub. L. 105–244, amending this section and sections 1087ll to 1087tt and 1087vv of this title] are effective on the date of enactment of this Act [
Oct. 7, 1998].
“(b) Provisions Effective for Academic Year 2000–2001, and Thereafter.—
The amendments made by sections 472, 473, 474, and 475 [amending sections
1087nn to
1087qq of this title] shall apply with respect to determinations of need under part F of title IV of the
Higher Education Act of 1965 [this part] for academic years beginning on or after
July 1, 2000.”
Effective Date of 1992 Amendment
Pub. L. 102–325, title IV, § 471(b), July 23, 1992, 106 Stat. 609, provided that:
“The changes made in part F of title IV of the Act [this part] by the amendment made by this section [amending sections
1087kk to
1087vv of this title] shall apply with respect to determinations of need under such part F for award years beginning on or after
July 1, 1993.”
Effective Date
Pub. L. 99–498, title IV, § 406(b)(1)–(3), Oct. 17, 1986, 100 Stat. 1475, as amended by Pub. L. 100–50, § 22(e)(1), (3), June 3, 1987, 101 Stat. 361, provided that:
“(1) Except as provided in paragraphs (2) through (4)—
“(A)
part F of title IV of the Act [this part] shall apply with respect to determinations of need under such title for academic years beginning with academic year 1988–1989 and succeeding academic years; and
“(2)
With respect to an application filed after the date of enactment of this Act [
Oct. 17, 1986] for a loan under part B of such title [part B of this subchapter] for any academic year preceding academic year 1988–1989, any determination of expected
family contribution shall be made using the system of financial need analysis approved by the
Secretary of Education for use under subpart 2 of part A and parts C and E of such title [subpart 2 of part A of this subchapter and parts C and E of this subchapter].
“(3)
For purposes of sections 413D(d)(2)(B) [now 413D(c)(2)(B)], 442(d)(2)(B) and 462(d)(2)(B) [
20 U.S.C. 1070b–3(c)(2)(B), 1087–52(d)(2)(B), 1087bb(d)(2)(B)] for any academic year preceding academic year 1988–1989, the
Secretary shall, in lieu of average expected
family contribution, use the procedures for sampling expected
family contribution within income categories that was employed for academic year 1986–1987, adjusted to reflect changes in data.
“(4)
Section 479B of the Act [
20 U.S.C. 1087uu] (as so added) shall apply with respect to financial assistance provided for any academic year beginning after such date of enactment [
Oct. 17, 1986].”
[References to subpart 2 of part A of title IV of Pub. L. 89–329 deemed, after July 23, 1992, to refer to subpart 3 of such part, see section 402(b) of Pub. L. 102–325, set out as a note under section 1070a–11 of this title.]
Special Study of Simplification of Need Analysis and Application for Title IV Aid
Pub. L. 108–199, div. E, title III, § 305, Jan. 23, 2004, 118 Stat. 263, provided that:
“(a) Study Required.—
The Advisory Committee on Student Financial Assistance established by section 491 of the
Higher Education Act of 1965 (
20 U.S.C. 1098), hereafter in this section referred to as ‘the Advisory Committee’, shall conduct a thorough study of the feasibility of simplifying the need analysis methodology for all Federal student financial assistance programs and the process of applying for such assistance.
“(b) Required Subjects of Study.—In performing the study, the Advisory Committee shall, at a minimum, examine the following:
“(1)
whether the methodology used to calculate the expected
family contribution can be simplified without significant adverse effects on program intent, costs, integrity, delivery, and distribution of awards;
“(2)
whether the number of data elements, and, accordingly, the number and complexity of questions asked of students and families, used to calculate the expected
family contribution can be reduced without such adverse effects;
“(3)
whether the procedures for determining such data elements, including determining and updating offsets and allowances, is the most efficient, effective, and fair means to determine a family’s available income and
assets;
“(4)
whether the methodology used to calculate the expected
family contribution, specifically the consideration of income earned by a dependent student and its effect on Pell grant eligibility, is an effective and fair means to determine a family’s available income and a student’s need;
“(5)
whether the nature and timing of the application required in section 483 (a)(1) of the
Higher Education Act of 1965 (
20 U.S.C. 1090(a)(1)), eligibility and award determination, financial aid processing, and funds delivery can be streamlined further for students and families, institutions, and States;
“(6)
whether it is feasible to allow students to complete only those limited sections of the financial aid application that apply to their specific circumstances and the State in which they reside;
“(7)
whether a widely disseminated printed form, or the use of an Internet or other electronic means, can be developed to notify individuals of an estimation of their approximate eligibility for grant, work-study, and loan assistance upon completion and verification of the simplified application form;
“(9)
whether any proposed changes to data elements collected, in addition to those used to calculate expected
family contribution, or any proposed changes to the form’s design or the process of applying for aid, may have adverse effects on program costs, integrity, delivery, or distribution of awards, as well as, application development or application processing.
“(c) Additional Considerations.—
In conducting the feasibility study, the Advisory Committee’s primary objective under this subsection shall be simplifying the financial aid application forms and process and obtaining a substantial reduction in the number of required data items. In carrying out that objective, the Advisory Committee shall pay special attention to the needs of low-income and moderate-income students and families.
“(d) Consultation.—
“(1) In general.—
The Advisory Committee shall consult with a broad range of interested parties in higher education, including parents and students, high school guidance counselors, financial aid and other campus administrators, appropriate State administrators, administrators of intervention and outreach programs, and appropriate officials from the Department of Education.
“(2) Forms design expert.—
With the goal of making significant changes to the form to make the questions more easily understandable, the Advisory Committee shall consult a forms design expert to ensure that its recommendations for revision of the application form would assist in making the form easily readable and understood by parents, students, and other members of the public.
“(3) Congressional consultation.—
The Advisory Committee shall consult on a regular basis with the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate in carrying out the feasibility study required by this subsection.
“(4) Departmental consultation.—
The
Secretary of Education shall provide such assistance to the Advisory Committee as is requested and practicable in conducting the study required by this subsection.
“(e) Reports.—
“(1) Interim report.—
The Advisory Committee shall, not later than 6 months after the date of enactment of this Act [
Jan. 23, 2004], prepare and submit an interim report containing any such legislative changes as the Advisory Committee recommends to reform and simplify the needs analysis under part F of title IV of the
Higher Education Act of 1965 (
20 U.S.C. 1087kk et seq.) and forms and other requirements under such title to the Committee on Education and the Workforce of the
House of Representatives, the Committee on Health, Education, Labor, and Pensions of the
Senate, and the
Secretary of Education.
“(2) Final report.—
The Advisory Committee shall, not later than 1 year after the date of enactment of this Act, prepare and submit a full final report on the study, including recommendations for regulatory and administrative changes required by this section, to the Committee on Education and the Workforce of the
House of Representatives, the Committee on Health, Education, Labor, and Pensions of the
Senate, and the
Secretary of Education.
“(f) Implementation.—
The
Secretary of Education shall consult with the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor, and Pensions of the
Senate and shall subsequently initiate a redesign of the form required by section 483 of the
Higher Education Act of 1965 (
20 U.S.C. 1090). Such redesign shall include the testing of alternative simplified versions of the free Federal form. The
Secretary shall keep the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor, and Pensions of the
Senate fully and currently informed on the progress of these efforts.
“(g) Postponement of Tax Table Update Pending Report and Implementation.—
The
Secretary of Education shall not implement or enforce for the award year 2004–2005 the annual update to the allowances for State and other taxes in the tables used in the Federal needs analysis methodology, as prescribed by the
Secretary on
May 30, 2003 (
68 Fed. Reg. 32473).”
