 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
                          Part E--Need Analysis
 
Sec. 1087nn. Determination of expected family contribution; data 
        elements
        

(a) General rule for determination of expected family contribution

    The expected family contribution--
        (1) for a dependent student shall be determined in accordance 
    with section 1087oo of this title;
        (2) for a single independent student or a married independent 
    student without dependents (other than a spouse) shall be determined 
    in accordance with section 1087pp of this title; and
        (3) for an independent student with dependents other than a 
    spouse shall be determined in accordance with section 1087qq of this 
    title.

(b) Data elements

    The following data elements are considered in determining the 
expected family contribution:
        (1) the available income of (A) the student and the student's 
    spouse, or (B) the student and the student's parents, in the case of 
    a dependent student;
        (2) the number of dependents in the family of the student;
        (3) the number of dependents in the family of the student, 
    excluding the student's parents, who are enrolled or accepted for 
    enrollment, on at least a half-time basis, in a degree, certificate, 
    or other program leading to a recognized educational credential at 
    an institution of higher education that is an eligible institution 
    in accordance with the provisions of section 1094 of this title and 
    for whom the family may reasonably be expected to contribute to 
    their postsecondary education;
        (4) the net assets of (A) the student and the student's spouse, 
    and (B) the student and the student's parents, in the case of a 
    dependent student;
        (5) the marital status of the student;
        (6) the age of the older parent, in the case of a dependent 
    student, and the student; and
        (7) the additional expenses incurred (A) in the case of a 
    dependent student, when both parents of the student are employed or 
    when the family is headed by a single parent who is employed, or (B) 
    in the case of an independent student, when the student is married 
    and the student's spouse is employed, or when the employed student 
    qualifies as a surviving spouse or as a head of a household under 
    section 2 of title 26.

(Pub. L. 89-329, title IV, Sec. 474, as added Pub. L. 99-498, title IV, 
Sec. 406(a), Oct. 17, 1986, 100 Stat. 1456; amended Pub. L. 100-369, 
Sec. 7(c), July 18, 1988, 102 Stat. 837; Pub. L. 102-325, title IV, 
Sec. 471(a), July 23, 1992, 106 Stat. 587; Pub. L. 105-244, title IV, 
Sec. 472, Oct. 7, 1998, 112 Stat. 1729.)


                               Amendments

    1998--Subsec. (b)(3). Pub. L. 105-244 inserted ``, excluding the 
student's parents,'' after ``family of the student''.
    1992--Pub. L. 102-325 substituted ``Determination of expected family 
contribution; data elements'' for ``Data elements used in determining 
expected family contribution'' in section catchline and amended text 
generally, adding subsec. (a), designating existing provisions as 
subsec. (b) and inserting heading, adding the age of the older parent, 
in the case of a dependent student, and the student as a data element 
and striking out consideration of any unusual medical and dental 
expenses and consideration of the number of dependent children other 
than the student enrolled in a private elementary or secondary 
institution and the unreimbursed tuition paid as data elements.
    1988--Par. (8). 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.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244, effective Oct. 7, 1998, and applicable 
with respect to determinations of need under this part for academic 
years beginning on or after July 1, 2000, see section 480A of Pub. L. 
105-244, set out as a note under section 1087kk 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.
