United States Code

USC most recently checked for updates: Jul 13, 2024

§ 1089.
Master calendar
(a)
Secretary required to comply with schedule
To assure adequate notification and timely delivery of student aid funds under this subchapter, the Secretary shall adhere to the following calendar dates in the year preceding the award year:
(1)
Development and distribution of Federal and multiple data entry forms—
(A)
by February 1: first meeting of the technical committee on forms design of the Department;
(B)
by March 1: proposed modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) of this title published in the Federal Register;
(C)
by June 1: final modifications, updates, and notices pursuant to sections 1087rr and 1090(a)(5) of this title published in the Federal Register;
(D)
by August 15: application for Federal student assistance and multiple data entry data elements and instructions approved;
(E)
by August 30: final approved forms delivered to servicers and printers;
(F)
by October 1: Federal and multiple data entry forms and instructions printed; and
(G)
by November 1: Federal and multiple data entry forms, instructions, and training materials distributed.
(2)
Allocations of campus-based and Pell Grant funds—
(A)
by August 1: distribution of institutional application for campus-based funds (FISAP) to institutions;
(B)
by October 1: final date for submission of FISAP by institutions to the Department;
(C)
by November 15: edited FISAP and computer printout received by institutions;
(D)
by December 1: appeals procedures received by institutions;
(E)
by December 15: edits returned by institutions to the Department;
(F)
by February 1: tentative award levels received by institutions and final Pell Grant payment schedule;
(G)
by February 15: closing date for receipt of institutional appeals by the Department;
(H)
by March 1: appeals process completed;
(I)
by April 1: final award notifications sent to institutions; and
(J)
by June 1: Pell Grant authorization levels sent to institutions.
(3)
The Secretary shall, to the extent practicable, notify eligible institutions, guaranty agencies, lenders, interested software providers, and, upon request, other interested parties, by December 1 prior to the start of an award year of minimal hardware and software requirements necessary to administer programs under this subchapter.
(4)
The Secretary shall attempt to conduct training activities for financial aid administrators and others in an expeditious and timely manner prior to the start of an award year in order to ensure that all participants are informed of all administrative requirements.
(b)
Timing for reallocations

With respect to any funds reallocated under section 1070b–3(d), 1087–52(d), or 1087bb(i) of this title, the Secretary shall reallocate such funds at any time during the course of the year that will best meet the purpose of the programs under subpart 3 of part A, part C, and part E, respectively. However, such reallocation shall occur at least once each year, not later than September 30 of that year.

(c)
Delay of effective date of late publications
(1)
Except as provided in paragraph (2), any regulatory changes initiated by the Secretary affecting the programs under this subchapter that have not been published in final form by November 1 prior to the start of the award year shall not become effective until the beginning of the second award year after such November 1 date.
(2)
(A)
The Secretary may designate any regulatory provision that affects the programs under this subchapter and is published in final form after November 1 as one that an entity subject to the provision may, in the entity’s discretion, choose to implement prior to the effective date described in paragraph (1). The Secretary may specify in the designation when, and under what conditions, an entity may implement the provision prior to that effective date. The Secretary shall publish any designation under this subparagraph in the Federal Register.
(B)
If an entity chooses to implement a regulatory provision prior to the effective date described in paragraph (1), as permitted by subparagraph (A), the provision shall be effective with respect to that entity in accordance with the terms of the Secretary’s designation.
(d)
Notice to Congress

The Secretary shall notify the authorizing committees when a deadline included in the calendar described in subsection (a) is not met. Nothing in this section shall be interpreted to penalize institutions or deny them the specified times allotted to enable them to return information to the Secretary based on the failure of the Secretary to adhere to the dates specified in this section.

Compliance calendar
Prior to the beginning of each award year, the Secretary shall provide to institutions of higher education a list of all the reports and disclosures required under this chapter. The list shall include—
(1)
the date each report or disclosure is required to be completed and to be submitted, made available, or disseminated;
(2)
the required recipients of each report or disclosure;
(3)
any required method for transmittal or dissemination of each report or disclosure;
(4)
a description of the content of each report or disclosure sufficient to allow the institution to identify the appropriate individuals to be assigned the responsibility for such report or disclosure;
(5)
references to the statutory authority, applicable regulations, and current guidance issued by the Secretary regarding each report or disclosure; and
(6)
any other information which is pertinent to the content or distribution of the report or disclosure.
(Pub. L. 89–329, title IV, § 482, as added Pub. L. 99–498, title IV, § 407(a), Oct. 17, 1986, 100 Stat. 1477; amended Pub. L. 100–50, § 15(2), June 3, 1987, 101 Stat. 355; Pub. L. 102–325, title IV, § 482, July 23, 1992, 106 Stat. 612; Pub. L. 103–208, § 2(h)(7), Dec. 20, 1993, 107 Stat. 2476; Pub. L. 104–66, title I, § 1042(b), Dec. 21, 1995, 109 Stat. 715; Pub. L. 105–244, title IV, § 481, Oct. 7, 1998, 112 Stat. 1732; Pub. L. 110–315, title I, § 103(b)(9), title IV, § 482(a), Aug. 14, 2008, 122 Stat. 3089, 3271; Pub. L. 111–39, title IV, § 407(b)(2), July 1, 2009, 123 Stat. 1950.)
cite as: 20 USC 1089