Title 20EducationRelease 119-73not60

§1161m Incentives and Rewards for Low Tuition

Title 20 › Chapter 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter IX— ADDITIONAL PROGRAMS › Part M— Low Tuition › § 1161m

Last updated Apr 5, 2026|Official source

Summary

The Education Secretary must give grants from the money set aside under subsection (e) to colleges and trade schools that, for the 2009–2010 school year or any year after that, keep tuition increases very low. A school can get a grant if one of these is true: its tuition increase is in the lowest 20% for its category; it is a public school and its tuition is in the lowest quartile for its category (this applies to public 4‑year, 2‑year, and less‑than‑2‑year schools); or it is a public school whose tuition increase for a first‑time, full‑time undergraduate is less than $600. The school must use the grant as need‑based aid for students who qualify for Federal Pell Grants, and no student can get more aid than the school’s cost of attendance. The law groups schools into nine categories (4‑year, 2‑year, and less‑than‑2‑year, each split into public, private nonprofit, and private for‑profit). The Secretary also gives a bonus to schools that meet extra low‑tuition rules. For schools that award bachelor’s degrees, a bonus applies if the public school is in the lowest tuition quartile, or if any school promises a tuition cap starting on or after July 1, 2009 and lasting for that year plus the four following continuous academic years. For schools that do not award bachelor’s degrees, the same rules apply but the promise must last for that year plus the 1.5 following continuous academic years. For public schools the cap can be $600 per year for a full‑time undergraduate. For other schools the cap is the student’s initial charge plus the school’s recent three‑year percentage change applied to that amount. Bonus aid must go first to Pell students who were enrolled when the school met the rule, then to other Pell students. “Tuition and fees” and “net price” mean what section 1015a says. Money was authorized for fiscal year 2009 and the five fiscal years after that.

Full Legal Text

Title 20, §1161m

Education — Source: USLM XML via OLRC

(a)(1)From funds made available under subsection (e), the Secretary shall award grants to institutions of higher education that, for academic year 2009–2010 or any succeeding academic year—
(A)have an annual tuition and fee increase, expressed as a percentage change, for the most recent academic year for which satisfactory data is available, that is in the lowest 20 percent of such increases for each category described in subsection (b);
(B)are public institutions of higher education that have tuition and fees that are in the lowest quartile of institutions in each category described in subsection (b)(1), (b)(4), or (b)(7); or
(C)are public institutions of higher education that have a tuition and fee increase of less than $600 for a first-time, full-time undergraduate student.
(2)Funds awarded to an institution of higher education under paragraph (1) shall be distributed by the institution in the form of need-based grant aid to students who are eligible for Federal Pell Grants, except that no student shall receive an amount under this section that would cause the amount of total financial aid received by such student to exceed the cost of attendance of the institution.
(b)The categories of institutions described in subsection (a) shall be the following:
(1)four-year public institutions of higher education;
(2)four-year private, nonprofit institutions of higher education;
(3)four-year private, for-profit institutions of higher education;
(4)two-year public institutions of higher education;
(5)two-year private, nonprofit institutions of higher education;
(6)two-year private, for-profit institutions of higher education;
(7)less than two-year public institutions of higher education;
(8)less than two-year private, nonprofit institutions of higher education; and
(9)less than two-year private, for-profit institutions of higher education.
(c)(1)For each institution of higher education that the Secretary determines complies with the requirements of paragraph (2) or (3) of this subsection, the Secretary shall provide to such institution a bonus amount. Such institution shall award the bonus amount in the form of need-based aid first to students who are eligible for Federal Pell Grants who were in attendance at the institution during the award year that such institution satisfied the eligibility criteria for maintaining low tuition and fees, then to students who are eligible for Federal Pell Grants who were not in attendance at the institution during such award year.
(2)An institution of higher education that provides a program of instruction for which it awards a bachelor’s degree complies with the requirements of this paragraph if—
(A)for a public institution of higher education, such institution’s tuition and fees are in the lowest quartile of institutions in the same category as described under subsection (b); or
(B)for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of the four succeeding continuous academic years, the tuition and fees charged to an undergraduate student will not exceed—
(i)for a public institution of higher education, $600 per year for a full-time undergraduate student; or
(ii)for any other institution of higher education—
(I)the amount that the student was charged for an academic year at the time the student first enrolled in the institution of higher education, plus
(II)the percentage change in tuition and fees at the institution for the three most recent academic years for which data is available, multiplied by the amount determined under subclause (I).
(3)An institution of higher education that does not provide a program of instruction for which it awards a bachelor’s degree complies with the requirements of this paragraph if—
(A)for a public institution of higher education, such institution’s tuition is in the lowest quartile of institutions in the same category as described under subsection (b); or
(B)for any institution of higher education, such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2009, and for each of the 1.5 succeeding continuous academic years, the tuition and fees charged to an undergraduate student will not exceed—
(i)for a public institution of higher education, $600 per year for a full-time undergraduate student; or
(ii)for any other institution of higher education—
(I)the amount that the student was charged for an academic year at the time the student first enrolled in the institution of higher education, plus
(II)the percentage change in tuition and fees at the institution for the three most recent academic years for which data is available, multiplied by the amount determined under subclause (I).
(d)In this section, the terms “tuition and fees” and “net price” have the meaning given to such terms in section 1015a of this title.
(e)There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a)(1)(B). Pub. L. 111–39 substituted “of institutions” for “of for institutions”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1161m

Title 20Education

Last Updated

Apr 5, 2026

Release point: 119-73not60