I 

109TH CONGRESS 

1ST SESSION H. R. 2927 

To require the Secretary of Education to rebate lost Pell Grants to students 

whose Pell Grants were reduced or eliminated because of excess expected 

family contributions computed in the needs analysis process for student 

financial aid for academic year 2005–2006. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2005 

Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Mr. TIERNEY, 

Mr. HOLT, Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. BISHOP of New York, 

Mr. PALLONE, Mr. CONYERS, Mr. MCDERMOTT, Ms. MCCOLLUM of Minnesota, Mr. OLVER, and Ms. DELAURO) introduced the following bill; 

which was referred to the Committee on Education and the Workforce, 

and in addition to the Committee on Ways and Means, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To require the Secretary of Education to rebate lost Pell 

Grants to students whose Pell Grants were reduced or 

eliminated because of excess expected family contributions computed in the needs analysis process for student 

financial aid for academic year 2005–2006. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Fairness Act’’. 
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1 SEC. 2. REBATE REQUIRED. 

2 (a) CALCULATION OF LOST PELL GRANT

3 AMOUNTS.—Within 90 days after the date of enactment 

4 of this Act, the Secretary of Education shall, for each stu5 dent who filed a Free Application for Federal Student Aid 

6 for the award year 2005–2006, determine the amount (if 

7 any) by which a Pell Grant to such student was reduced 

8 or eliminated as a result of the amount (if any) by 

9 which— 

10 (1) the expected family contribution, as deter11 mined for such student for such award year on the 

12 basis of the allowance for State and other taxes as 

13 adjusted by the updated tax tables prescribed on De14 cember 23, 2004 (Federal Register, V. 69, No. 246, 

15 pp. 76926–76927), exceeds 

16 (2) the expected family contribution that would 

17 apply to such student if such contribution were de18 termined on the basis of the allowance for State and 

19 other taxes as in effect for the award year 2004– 

20 2005. 

21 (b) REBATE OF LOST PELL GRANT AMOUNTS RE22 QUIRED.—For each student determined under subsection 

23 (a) to have had a Pell Grant reduced or eliminated, the 

24 Secretary shall provide to such student a rebate equal to 

25 the amount of such reduction or elimination. 
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1 (c) AUTHORITY TO USE CONTRACTORS FOR ADMIN2 ISTRATION.—The Secretary may provide by contract for 

3 the administration of the requirements of this section. 

4 (d) USE OF FAFSA DATA PERMITTED.—The Sec5 retary may use information provided on the Free Applica6 tion for Federal Student Aid to comply with the require7 ments of this section. 

8 (e) TREATMENT OF REBATES.—Any rebate provided 

9 under this section— 

10 (1) shall not be treated as income for purposes 

11 of the Internal Revenue Code of 1986; and 

12 (2) shall not be treated as other financial aid, 

13 estimated financial assistance, assets, income, or 

14 other resources for purposes of determining— 

15 (A) whether the student obtained an over16 award for the award year 2005–2006; or 

17 (B) the need for financial assistance for 

18 any award year subsequent to award year 

19 2005–2006. 

20 (f) NO OBLIGATION ON INSTITUTIONS OF HIGHER

21 EDUCATION.—Nothing in this section authorizes the Sec22 retary to impose any obligation on an institution of higher 

23 education that is eligible to participate in programs under 

24 subpart 1 of part A of the title IV of the Higher Education 
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1 Act of 1965 to perform any administrative requirement 

2 to carry out this section. 

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