20 USC 1070a - Federal Pell Grants: amount and determinations; applications

U.S Code last checked for updates: Oct 17, 2024

§ 1070a.

Federal Pell Grants: amount and determinations; applications

(a)

Purpose; definitions

(1)

Purpose

(2)

Definitions

In this section—

(A)

the term “adjusted gross income” means—

(i)

in the case of a dependent student, the adjusted gross income (as defined in section 62 of title 26) of the student’s parents in the second tax year preceding the academic year; and

(ii)

in the case of an independent student, the adjusted gross income (as defined in section 62 of title 26) of the student (and the student’s spouse, if applicable) in the second tax year preceding the academic year;

(B)

the term “family size” has the meaning given the term in section 1087vv(k) of this title;

(C)

the term “poverty line” means the poverty line (as determined under the poverty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the authority of section 9902(2) of title 42) applicable to the student’s family size and applicable to the second tax year preceding the academic year;

(D)

the term “single parent” means—

(i)

a parent of a dependent student who was a head of household (as defined in section 2(b) of title 26) or a surviving spouse (as defined in

) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the academic year; or

(ii)

an independent student who is a parent and was a head of household (as defined in section 2(b) of title 26) or a surviving spouse (as defined in section 2(a) of title 26) or was an eligible individual for purposes of the credit under section 32 of such title, in the second tax year preceding the academic year;

(E)

the term “total maximum Federal Pell Grant” means the total maximum Federal Pell Grant award per student for any academic year described under subsection (b)(5); and

(F)

the term “minimum Federal Pell Grant” means the minimum amount of a Federal Pell Grant that shall be awarded to a student for any academic year in which that student is attending full time, which shall be equal to 10 percent of the total maximum Federal Pell Grant for such academic year.

(b)

Amount and distribution of grants

(1)

Determination of amount of a Federal Pell Grant

Subject to paragraphs (2) and (3), the amount of a Federal Pell Grant for a student shall be determined in accordance with the following:

(A)

A student shall be eligible for a total maximum Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time—

(i)

if the student (and the student’s spouse, if applicable), or, in the case of a dependent student, the dependent student’s parents (or single parent), is not required to file a Federal income tax return in the second year preceding the academic year;

(ii)

if the student or, in the case of a dependent student, the dependent student’s parent, is a single parent, and the adjusted gross income is greater than zero and equal to or less than 225 percent of the poverty line; or

(iii)

if the student or, in the case of a dependent student, the dependent student’s parent, is not a single parent, and the adjusted gross income is greater than zero and equal to or less than 175 percent of the poverty line.

(B)

A student who is not eligible for a total maximum Federal Pell Grant under subparagraph (A) for an academic year, shall be eligible for a Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time if such student’s student aid index in such award year is less than the total maximum Federal Pell Grant for that award year. The amount of the Federal Pell Grant for a student eligible under this subparagraph shall be—

(i)

the total maximum Federal Pell Grant as calculated under paragraph (5)(A) for that year, less

(ii)

an amount equal to the amount determined to be the student aid index with respect to that student for that year, except that a student aid index of less than zero shall be considered to be zero for the purposes of this clause,

rounded to the nearest $5, except that a student eligible for less than the minimum Federal Pell Grant as defined in section (a)(2)(F) 1

 So in original. Probably should be “subsection (a)(2)(F)”.

shall not be eligible for an award.

(C)

A student who is not eligible for a Federal Pell Grant under subparagraph (A) or (B) shall be eligible for the minimum Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time—

(i)

in the case of a dependent student—

(I)

if the student’s parent is a single parent, and the adjusted gross income is equal to or less than 325 percent of the poverty line; or

(II)

if the student’s parent is not a single parent, and the adjusted gross income is equal to or less than 275 percent of the poverty line; or

(ii)

in the case of an independent student—

(I)

if the student is a single parent, and the adjusted gross income is equal to or less than 400 percent of the poverty line;

(II)

if the student is a parent and is not a single parent, and the adjusted gross income is equal to or less than 350 percent of the poverty line; or

(III)

if the student is not a parent, and the adjusted gross income is equal to or less than 275 percent of the poverty line.

(D)

A student eligible for the total maximum Federal Pell Grant under subparagraph (A) who has (or whose spouse or parent, as applicable based on whose information is used under such subparagraph, has) foreign income that would, if added to adjusted gross income, result in the student no longer being eligible for such total maximum Federal Pell Grant, shall not be provided a Federal Pell Grant until the student aid administrator evaluates the student’s FAFSA and makes a determination regarding whether it is appropriate to make an adjustment under section 1087tt(b)(1)(B)(v) of this title to account for such foreign income when determining the student’s eligibility for such total maximum Federal Pell Grant.

(E)

With respect to a student who is not eligible for the total maximum Federal Pell Grant under subparagraph (A) or a minimum Federal Pell Grant under subparagraph (C), the Secretary shall subtract from the student or parents’ adjusted gross income, as applicable based on whose income is used for the Federal Pell Grant calculation, the sum of the following for the individual whose income is so used, and consider such difference the adjusted gross income for purposes of determining the student’s eligibility for such Federal Pell Grant award under such subparagraph:

(i)

If the applicant, or, if applicable, the parents or spouse of the applicant, elects to report receiving college grant and scholarship aid included in gross income on a Federal tax return described in section 1087vv(e)(2) of this title, the amount of such aid.

(ii)

Income earned from work under part C of this subchapter.

(2)

Less than full-time enrollment

(3)

Award may not exceed cost of attendance

(4)

Study abroad

(5)

Total maximum Federal Pell Grant

(A)

In general

For award year 2024–2025, and each subsequent award year, the total maximum Federal Pell Grant award per student shall be equal to the sum of—

(i)

$1,060; and

(ii)

the amount specified as the maximum Federal Pell Grant in the last enacted appropriation Act applicable to that award year.

(B)

Rounding

(6)

Funds by fiscal year

(A)

In general

To carry out this section—

(i)

there are authorized to be appropriated and are appropriated (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated) such sums as are necessary to carry out paragraph (5)(A)(i) for fiscal year 2024 and each subsequent fiscal year; and

(ii)

such sums as may be necessary are authorized to be appropriated to carry out paragraph (5)(A)(ii) for each of the fiscal years 2024 through 2034.

(B)

Availability of funds

(7)

Appropriation

(A)

In general

In addition to any funds appropriated under paragraph (6) and any funds made available for this section under any appropriations Act, there are authorized to be appropriated, and there are appropriated (out of any money in the Treasury not otherwise appropriated) to carry out this section—

(i)

$1,170,000,000 for fiscal year 2024;

(ii)

$3,170,000,000 for fiscal year 2025;

(iii)

$2,170,000,000 for fiscal year 2026; and

(iv)

$1,236,000,000 for fiscal year 2027 and each succeeding fiscal year.

(B)

No effect on previous appropriations

The amendments made to this section by the FAFSA Simplification Act shall not—

(i)

increase or decrease the amounts that have been appropriated or are available to carry out this section for fiscal year 2017, 2018, 2019, 2020, 2021, 2022, 2023, or 2024 as of the day before the effective date of such Act; or

(ii)

extend the period of availability for obligation that applied to any such amount, as of the day before such effective date.

(C)

Availability of funds

(8)

Method of distribution

(A)

In general

(B)

Alternative disbursement

(9)

Additional payment periods in same award year

(A)

Effective in the 2017–2018 award year and thereafter, the Secretary shall award an eligible student not more than one and one-half Federal Pell Grants during a single award year to permit such student to work toward completion of an eligible program if, during that single award year, the student has received a Federal Pell Grant for an award year and is enrolled in an eligible program for one or more additional payment periods during the same award year that are not otherwise fully covered by the student’s Federal Pell Grant.

(B)

In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the total maximum Federal Pell Grant available for an award year.

(C)

Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student’s duration limit under subsection (d)(5).

(D)

In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned, as it determines is most beneficial to students.

(c)

Special rule

(1)

In general

(2)

Applicability

Paragraph (1) shall apply to any dependent or independent student—

(A)

whose parent or guardian was—

(i)

an individual who, on or after September 11, 2001, died in the line of duty while serving on active duty as a member of the Armed Forces; or

(ii)

actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and

(B)

who is less than 33 years of age.

(3)

Information

Notwithstanding any other provision of law—

(A)

the Secretary shall establish the necessary data-sharing agreements with the Secretary of Veterans Affairs and the Secretary of Defense, as applicable, to provide the information necessary to determine which students meet the requirements of paragraph (2)(A)(i); and

(B)

the financial aid administrator shall verify with the student that the student is eligible for the adjustment and notify the Secretary of the adjustment of the student’s eligibility.

(4)

Treatment of Pell amount

(5)

Prevention of double benefits

(6)

Terms and conditions

The Secretary shall award grants under this subsection in the same manner and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under subsection (b), except that—

(A)

the award rules and determination of need applicable to the calculation of Federal Pell Grants under subsection (b)(1) shall not apply to grants made under this subsection; and

(B)

the maximum period determined under subsection (d)(5) shall be determined by including all grants made under this section received by the eligible student and all grants so received under subpart 10 before the effective date of this subsection.

(7)

Definition of public safety officer

For purposes of this subsection, the term “public safety officer” means—

(A)

a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); or

(B)

a fire police officer, defined as an individual who—

(i)

is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency;

(ii)

is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew; and

(iii)

provides scene security or directs traffic—

(I)

in response to any fire drill, fire call, or other fire, rescue, or police emergency; or

(II)

at a planned special event.

(d)

Period of eligibility for grants

(1)

In general

(2)

Noncredit or remedial courses; study abroad

(3)

No concurrent payments

(4)

Postbaccalaureate program

Notwithstanding paragraph (1), the Secretary may allow, on a case-by-case basis, a student to receive a Federal Pell Grant if the student—

(A)

is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education; and

(B)

is enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree, and in courses required by a State in order for the student to receive a professional certification or licensing credential that is required for employment as a teacher in an elementary school or secondary school in that State,

except that this paragraph shall not apply to a student who is enrolled in an institution of higher education that offers a baccalaureate degree in education.

(5)

Maximum period

(A)

In general

(B)

Exception

(i)

In general

(ii)

Applicable periods

Clause (i) shall apply with respect to any Federal Pell Grant awarded to a student to enroll in an eligible program at an institution—

(I)

during a period of a student’s attendance at an institution—

(aa)

at which the student was unable to complete a course of study due to the closing of the institution; or

(bb)

for which the student was falsely certified as eligible for Federal aid under this subchapter; or

(II)

during a period—

(aa)

for which the student received a loan under this subchapter; and

(bb)

for which the loan described in item (aa) is discharged under—

(AA)

section 1087(c)(1) of this title or section 1087dd(g)(1) of this title;

(BB)

section 1082(a)(6) of this title; or

(CC)

section 1087e(h) of this title due to the student’s successful assertion of a defense to repayment of the loan, including defenses provided to any applicable groups of students.

(e)

Applications for grants

(1)

Deadlines

(2)

Application

(f)

Distribution of grants to students

(g)

Insufficient appropriations

(h)

Use of excess funds

(1)

15 percent or less

(2)

More than 15 percent

(i)

Treatment of institutions and students under other laws

(j)

Institutional ineligibility based on default rates

(1)

In general

(2)

Sanctions subject to appeal opportunity

(Pub. L. 89–329, title IV, § 401, formerly § 411, as added Pub. L. 99–498, title IV, § 401(a), Oct. 17, 1986, 100 Stat. 1309; amended Pub. L. 100–50, § 3(a), June 3, 1987, 101 Stat. 337; renumbered § 401 and amended Pub. L. 102–325, title IV, §§ 401(a)–(h), 402(a)(3), July 23, 1992, 106 Stat. 479–482; Pub. L. 103–208, § 2(b)(1)–(5), (k)(1), Dec. 20, 1993, 107 Stat. 2458, 2485; Pub. L. 103–322, title II, § 20411(a), Sept. 13, 1994, 108 Stat. 1828; Pub. L. 105–244, title IV, § 401(a)–(f), (g)(3), (4), Oct. 7, 1998, 112 Stat. 1650–1652; Pub. L. 110–84, title I, §§ 101(a), 102, Sept. 27, 2007, 121 Stat. 784; Pub. L. 110–315, title I, § 103(b)(3), title IV, § 401(a)(1), (b), (c)(1), Aug. 14, 2008, 122 Stat. 3088, 3188, 3189; Pub. L. 111–5, div. A, title VIII, § 806, Feb. 17, 2009, 123 Stat. 190; Pub. L. 111–39, title IV, § 401(a)(2), (3), July 1, 2009, 123 Stat. 1938; Pub. L. 111–152, title II, § 2101(a), (b)(1), Mar. 30, 2010, 124 Stat. 1071, 1073; Pub. L. 112–10, div. B, title VIII, § 1860(a), Apr. 15, 2011, 125 Stat. 169; Pub. L. 112–25, title V, § 501, Aug. 2, 2011, 125 Stat. 266; Pub. L. 112–74, div. F, title III, § 309(a), (f), Dec. 23, 2011, 125 Stat. 1100, 1103; Pub. L. 113–235, div. G, title III, § 309(b), Dec. 16, 2014, 128 Stat. 2506; Pub. L. 114–113, div. H, title III, § 313(2), Dec. 18, 2015, 129 Stat. 2639; Pub. L. 115–31, div. H, title III, § 310, May 5, 2017, 131 Stat. 552; Pub. L. 115–141, div. H, title III, § 310, Mar. 23, 2018, 132 Stat. 750; Pub. L. 115–245, div. B, title III, § 311, Sept. 28, 2018, 132 Stat. 3106; Pub. L. 116–91, § 7, Dec. 19, 2019, 133 Stat. 1196; Pub. L. 116–260, div. FF, title VII, § 703, Dec. 27, 2020, 134 Stat. 3191; Pub. L. 117–103, div. R, §§ 102(b)(1), 103(c)(1), Mar. 15, 2022, 136 Stat. 819, 820; Pub. L. 118–40, div. B, § 101(b), (c), Mar. 1, 2024, 138 Stat. 18.)

cite as: 20 USC 1070a