Pub. L. 111-39, tit. IV, sec. 406
NEED ANALYSIS.
SEC. 406. NEED ANALYSIS.(a) Amendments.—Part F of title IV (20 U.S.C. 1087kk et seq.) is amended—(1) in section 473 (20 U.S.C. 1087mm)—(A) by striking “For the purpose of this title, except subpart 2 of part A,” and inserting “(a) In General.—For the purpose of this title, other than subpart 2 of part A, and except as provided in subsection (b),”; and(B) by adding at the end the following:“(b) Special Rule.—“(1) In general.—Notwithstanding any other provision of this title, the family contribution of each student described in paragraph (2) shall be deemed to be zero for the academic year for which the determination is made.“(2) Applicability.—Paragraph (1) shall apply to any dependent or independent student with respect to determinations of need for academic year 2009–2010 and succeeding academic years—“(A) who is eligible to receive a Federal Pell Grant for the academic year for which the determination is made;“(B) whose parent or guardian was a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; and“(C) who, at the time of the parent or guardian’s death, was—“(i) less than 24 years of age; or“(ii) enrolled at an institution of higher education on a part-time or full-time basis.“(3) Information.—Notwithstanding any other provision of law, the Secretary of Veterans Affairs and the Secretary of Defense, as appropriate, shall provide the Secretary of Education with information necessary to determine which students meet the requirements of paragraph (2).”;(2) in section 475(c)(5)(B) (20 U.S.C. 1087oo(c)(5)(B)), by inserting “of 1986” after “Code”;(3) in section 477(b)(5)(B) (20 U.S.C. 1087qq(b)(5)(B)), by inserting “of 1986” after “Code”;(4) in section 479 (20 U.S.C. 1087ss)—(A) in subsection (b) (as amended by section 602 of the College Cost Reduction and Access Act (Public Law 110–84))—(i) in paragraph (1)(A)(i), by amending subclause (III) to read as follows:“(III) include at least one parent who is a dislocated worker; or”; and(ii) in paragraph (1)(B)(i), by amending subclause (III) to read as follows:“(III) is a dislocated worker or has a spouse who is a dislocated worker; or”; and(B) in subsection (c) (as amended by such section 602)—(i) in paragraph (1)(A), by amending clause (iii) to read as follows:“(iii) include at least one parent who is a dislocated worker; or”; and(ii) in paragraph (2)(A), by amending clause (iii) to read as follows:123 STAT. 1949 “(iii) is a dislocated worker or has a spouse who is a dislocated worker; or”;(5) in section 479C (20 U.S.C. 1087uu–1)—(A) in paragraph (1), by striking “under” and all that follows through “; and” and inserting “under Public Law 98–64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known as the ‘Per Capita Act’) or the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); and”; and(B) in paragraph (2)—(i) by striking “Alaskan” and inserting “Alaska”;(ii) by inserting “(43 U.S.C. 1601 et seq.)” before “or the”; and(iii) by inserting “of 1980 (25 U.S.C. 1721 et seq.)” after “Maine Indian Claims Settlement Act”;(6) in section 480(a)(2) (20 U.S.C. 1087vv(a)(2)), by striking “12571” and inserting “12511”;(7) in section 480(c)(2) (20 U.S.C. 1087vv(c)(2))—(A) in the matter preceding subparagraph (A), by striking “the following” and inserting “benefits under the following provisions of law”; and(B) by striking subparagraphs (A) through (J) and inserting the following:“(A) Chapter 103 of title 10, United States Code (Senior Reserve Officers’ Training Corps).“(B) Chapter 106A of title 10, United States Code (Educational Assistance for Persons Enlisting for Active Duty).“(C) Chapter 1606 of title 10, United States Code (Selected Reserve Educational Assistance Program).“(D) Chapter 1607 of title 10, United States Code (Educational Assistance Program for Reserve Component Members Supporting Contingency Operations and Certain Other Operations).“(E) Chapter 30 of title 38, United States Code (All-Volunteer Force Educational Assistance Program, also known as the ‘Montgomery GI Bill—active duty’).“(F) Chapter 31 of title 38, United States Code (Training and Rehabilitation for Veterans with Service-Connected Disabilities).“(G) Chapter 32 of title 38, United States Code (Post-Vietnam Era Veterans’ Educational Assistance Program).“(H) Chapter 33 of title 38, United States Code (Post-9/11 Educational Assistance).“(I) Chapter 35 of title 38, United States Code (Survivors’ and Dependents’ Educational Assistance Program).“(J) Section 903 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot Program).“(K) Section 156(b) of the ‘Joint Resolution making further continuing appropriations and providing for productive employment for the fiscal year 1983, and for other purposes’ (42 U.S.C. 402 note) (Restored Entitlement Program for Survivors, also known as ‘Quayle benefits’).“(L) The provisions of chapter 3 of title 37, United States Code, related to subsistence allowances for members of the Reserve Officers Training Corps.”; and123 STAT. 1950(8) in section 480(j)(1) (20 U.S.C. 1087vv(j)(1)), by striking “12571” and inserting “12511”.(b) Effective Date.—The amendments made by—(1) paragraph (1) of subsection (a) shall take effect on July 1, 2009; and(2) paragraph (4) of such subsection shall be effective as if enacted 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.(c) Higher Education Opportunity Act.—Section 473(f) of the Higher Education Opportunity Act (Public Law 110–315) is amended by inserting “, except that the amendments made in subsection (e) shall take effect on July 1, 2009” before the period at the end.