20 U.S.C. § 1087ss
Notwithstanding any other provision of law, this section shall be effective for each individual seeking to apply for Federal financial aid under this subchapter, as part of the simplified application for Federal student financial aid under section 1090 of this title, on or after July 1, 2024.
Except as provided in paragraph (3), in carrying out section 1090 of this title, the Secretary shall not use asset information from an eligible applicant or, as applicable, the parent or spouse of an eligible applicant.
In this subsection, the term "eligible applicant" means an applicant who meets at least one of the following criteria:
An eligible applicant shall not be exempt from asset reporting under this section if the applicant is a dependent student and the students' parents do not-
In this section:
The term "Schedule A" means a form or information by a taxpayer to report itemized deductions.
The term "Schedule B" means a form or information filed by a taxpayer to report interest and ordinary dividend income.
The term "Schedule C" means a form or information filed by a taxpayer to report income or loss from a business operated or a profession practiced as a sole proprietor.
The term "Schedule D" means a form or information filed by a taxpayer to report sales, exchanges or some involuntary conversions of capital assets, certain capital gain distributions, and nonbusiness bad debts.
The term "Schedule E" means a form or information filed by a taxpayer to report income from rental properties, royalties, partnerships, S corporations, estates, trusts, and residual interests in real estate mortgage investment conduits.
The term "Schedule F" means a form or information filed by a taxpayer to report farm income and expenses.
The term "Schedule H" means a form or information filed by a taxpayer to report household employment taxes.
The term "means-tested Federal benefit program" means any of the following:
20 U.S.C. § 1087ss
EDITORIAL NOTES
REFERENCES IN TEXTThe Social Security Act, referred to in subsec. (b)(4)(H)(i), (iii), (v), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Title XVI of the Act is classified generally to subchapter XVI (§1381 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.The Food and Nutrition Act of 2008, referred to in subsec. (b)(4)(H)(ii), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.
CODIFICATIONPub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
AMENDMENTS2022-Subsec. (a). Pub. L. 117-103 substituted "July 1, 2024" for "July 1, 2023". 2020- Pub. L. 116-260 amended section generally. Prior to amendment, section related to simplified needs test. 2014-Subsec. (d)(1). Pub. L. 113-128 substituted "The term 'dislocated worker' has the meaning given the term in section 3102 of title 29" for "The term 'dislocated worker' has the meaning given the term in section 2801 of title 29".2011-Subsec. (c)(1)(B). Pub. L. 112-74, §309(b)(1), substituted "$23,000" for "$30,000".Subsec. (c)(2)(B). Pub. L. 112-74, §309(b)(2), substituted "$23,000" for "$30,000". 2009-Subsec. (b)(1)(A)(i)(III). Pub. L. 111-39, §406(a)(4)(A)(i), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: "1 of whom is a dislocated worker; or". Subsec. (b)(1)(B)(i)(III). Pub. L. 111-39, §406(a)(4)(A) (ii), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: "1 of whom is a dislocated worker; or".Subsec. (c)(1)(A)(iii). Pub. L. 111-39, §406(a)(4)(B)(i), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "1 of whom is a dislocated worker; or".Subsec. (c)(2)(A)(iii). Pub. L. 111-39, §406(a)(4)(B) (ii), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "1 of whom is a dislocated worker; or". 2008-Subsec. (d)(2). Pub. L. 110-246, §4002(b)(1)(A), (B), (2)(N), substituted "supplemental nutrition assistance program" for "food stamp program" and "Food and Nutrition Act of 2008" for "Food Stamp Act of 1977".2007-Subsec. (b)(1)(A)(i), (B)(i). Pub. L. 110-84, §602(a)(1), added subcl. (III), redesignated former subcl. (III) as (IV), and, in subcl. (IV), substituted "24-month" for "12-month". Subsec. (c). Pub. L. 110-84, §602(a)(2)(C), inserted at end of concluding provisions "The Secretary shall annually adjust the income level necessary to qualify an applicant for the zero expected family contribution. The income level shall be adjusted according to increases in the Consumer Price Index, as defined in section 1087rr(f) of this title." Subsec. (c)(1)(A). Pub. L. 110-84, §602(a)(2)(A)(i), added cl. (iii), redesignated former cl. (iii) as (iv), and, in cl. (iv), substituted "24-month" for "12-month". Subsec. (c)(1)(B). Pub. L. 110-84, §602(a)(2)(A) (ii), substituted "$30,000" for "$20,000". Subsec. (c)(2)(A). Pub. L. 110-84, §602(a)(2)(B)(i), added cl. (iii), redesignated former cl. (iii) as (iv), and, in cl. (iv), substituted "24-month" for "12-month". Subsec. (c)(2)(B). Pub. L. 110-84, §602(a)(2)(B) (ii), substituted "$30,000" for "$20,000". Subsec. (d). Pub. L. 110-84, §602(a)(3), substituted "Definitions" for "Definition of means-tested Federal benefit program" in heading, added par. (1), designated existing provisions as par. (2) and substituted "The term" for "In this section, the term" in introductory provisions, redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (2), and realigned margins.2006-Subsec. (b)(1)(A)(i). Pub. L. 109-171, §8018(a)(1)(A)(i), added cl. (i) and struck out former cl. (i) which read as follows: "the student's parents file or are eligible to file a form described in paragraph (3) or certify that they are not required to file an income tax return and the student files or is eligible to file such a form or certifies that the student is not required to file an income tax return; and".Subsec. (b)(1)(B)(i). Pub. L. 109-171, §8018(a)(1)(A) (ii), added cl. (i) and struck out former cl. (i) which read as follows: "the student (and the student's spouse, if any) files or is eligible to file a form described in paragraph (3) or certifies that the student (and the student's spouse, if any) is not required to file an income tax return; and".Subsec. (b)(3). Pub. L. 109-171, §8018(a)(1)(B), in introductory provisions substituted "In the case of an independent student, the student, or in the case of a dependent student, the family, files a form described in this subsection, or subsection (c), as the case may be, if the student or family, as appropriate, files" for "A student or family files a form described in this subsection, or subsection (c) of this section, as the case may be, if the student or family, respectively, files". Subsec. (c)(1)(A). Pub. L. 109-171, §8018(a)(2)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "the student's parents file, or are eligible to file, a form described in subsection (b)(3) of this section, or certify that the parents are not required to file an income tax return and the student files, or is eligible to file, such a form, or certifies that the student is not required to file an income tax return; and".Subsec. (c)(1)(B). Pub. L. 109-171, §8018(a)(2)(A) (ii), added subpar. (B) and struck out former subpar. (B) which read as follows: "the sum of the adjusted gross income of the parents is less than or equal to the maximum amount of income (rounded annually to the nearest thousand dollars) that may be earned in 1992 or the current year, whichever is higher, in order to claim the maximum Federal earned income credit; or". Subsec. (c)(2)(A). Pub. L. 109-171, §8018(a)(2)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "the student (and the student's spouse, if any) files, or is eligible to file, a form described in subsection (b)(3) of this section, or certifies that the student (and the student's spouse, if any) is not required to file an income tax return; and".Subsec. (c)(2)(B). Pub. L. 109-171, §8018(a)(2)(B) (ii), added subpar. (B) and struck out former subpar. (B) which read as follows: "the sum of the adjusted gross income of the student and spouse (if appropriate) is less than or equal to the maximum amount of income (rounded annually to the nearest thousand dollars) that may be earned in 1992 or the current year, whichever is higher, in order to claim the maximum Federal earned income credit." Subsec. (d). Pub. L. 109-171, §8018(a)(3), added subsec. (d).1998-Subsec. (b)(3). Pub. L. 105-244, §477(1)(A), substituted "this subsection, or subsection (c) of this section, as the case may be," for "this paragraph" in introductory provisions.Subsec. (b)(3)(A). Pub. L. 105-244, §477(1)(B), struck out "or" at end.Subsec. (b)(3)(B), (C). Pub. L. 105-244, §477(1)(C), (D), added subpar. (B) and redesignated former subpar. (B) as (C).Subsec. (c)(1)(A). Pub. L. 105-244, §477(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the student's parents were not required to file an income tax return under section 6012(a)(1) of title 26; and". Subsec. (c)(2)(A). Pub. L. 105-244, §477(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the student (and the student's spouse, if any) was not required to file an income tax return under section 6012(a)(1) of title 26; and". 1993-Subsec. (a)(1). Pub. L. 103-208, §2(g) (10), inserted "of" after "(c)".Subsec. (b)(1)(B)(i). Pub. L. 103-208, §2(g) (11), inserted "(and the student's spouse, if any)" after "student" in two places and struck out "such" before "an income tax return".Subsec. (b)(2). Pub. L. 103-208, §2(g) (12), (13), substituted "six elements" for "five elements" in introductory provisions and a comma for semicolon in subpar. (E).Subsec. (b)(3)(A). Pub. L. 103-208, §2(g) (14)(A), inserted "(including any prepared or electronic version of such form)" before "required".Subsec. (b)(3)(B). Pub. L. 103-208, §2(g) (14)(B), inserted "(including any prepared or electronic version of such return)" before "required". Subsec. (c)(1)(A). Pub. L. 103-208, §2(g) (15)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the student's parents did not file, and were not required to file, a form 1040 required pursuant to title 26; and".Subsec. (c)(1)(B). Pub. L. 103-208, §2(g) (15)(C), inserted "in 1992 or the current year, whichever is higher," after "that may be earned".Subsec. (c)(2)(A). Pub. L. 103-208, §2(g) (15)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the student (and the student's spouse, if any) did not file, and was not required to file, a form 1040 required pursuant to title 26; and". Subsec. (c)(2)(B). Pub. L. 103-208, §2(g) (15)(C), inserted "in 1992 or the current year, whichever is higher," after "that may be earned". 1992- Pub. L. 102-325 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), analysis applicable to all title IV programs; in subsec. (b), elements in tests; and in subsec. (c), simplified application form. 1991-Subsec. (a). Pub. L. 102-26 inserted before period at end ", or who file an income tax return pursuant to the tax code of the Commonwealth of Puerto Rico or who are not required to file pursuant to that tax code". 1988-Subsec. (a). 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.1987-Subsec. (a). Pub. L. 100-50, §14(23), substituted "subsection (b) of this section" for "paragraph (2)", "families (1) who" for "families which", and "and (2) who file a form 1040A or 1040EZ pursuant to title 26, or are not required to file pursuant to such title" for "and which file a form 1040A pursuant to title 26". Subsec. (b)(2). Pub. L. 100-50, §14(24)(A), struck out "and State" after "Federal".Subsec. (b)(6). Pub. L. 100-50, §14(24)(B)-(D), added par. (6).Subsec. (c). Pub. L. 100-50, §14(25), added subsec. (c).
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 subsequent 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 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 2011 AMENDMENT Amendment by Pub. L. 112-74 effective July 1, 2012, see section 309(g) of Pub. L. 112-74, 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 as part of amendments made by section 602(a) of Pub. L. 110-84 and effective July 1, 2009, see section 406(b)(2) of Pub. L. 111-39, set out as a note under section 1087mm of this title.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234, except as otherwise provided, see section 4 of Pub. L. 110-246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(A), (B), (2)(N) of Pub. L. 110-246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246, set out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110-84, §602, 121 Stat. 805, provided that: "The amendments made by this section [amending this section] shall be effective on July 1, 2009."
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 respect to determinations of need under this part for award years beginning on or after July 1, 1993, see section 471(b) of Pub. L. 102-325, set out as a note under section 1087kk of this title.
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.
EVALUATION OF SIMPLIFIED NEEDS TEST Pub. L. 109-171, §8018, 120 Stat. 175, provided that:"(1) ELIGIBILITY GUIDELINES.-The Secretary of Education shall regularly evaluate the impact of the eligibility guidelines in subsections (b)(1)(A)(i), (b)(1)(B)(i), (c)(1)(A), and (c)(2)(A) of section 479 of the Higher Education Act of 1965 (20 U.S.C. 1087ss(b)(1)(A)(i), (b)(1)(B)(i), (c)(1)(A), and (c)(2)(A)). "(2) MEANS-TESTED FEDERAL BENEFIT PROGRAM.-For each 3-year period, the Secretary of Education shall evaluate the impact of including the receipt of benefits by a student or parent under a means-tested Federal benefit program (as defined in section 479(d) of the Higher Education Act of 1965 (20 U.S.C. 1087ss(d))[)] as a factor in determining eligibility under subsections (b) and (c) of section 479 of the Higher Education Act of 1965 (20 U.S.C. 1087ss(b) and (c))."