[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Pages 32252-32253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12762]


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DEPARTMENT OF EDUCATION


Early Implementation of the FAFSA Simplification Act's Removal of 
Requirements for Title IV Eligibility Related to Selective Service 
Registration and Drug-Related Convictions

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The U.S. Department of Education (Department) publishes this 
notice, as required by the FAFSA Simplification Act (Act), which was 
enacted into law as part of the Consolidated Appropriations Act, 2021, 
of early implementation of the Act's removal of requirements for Title 
IV eligibility related to Selective Service registration and drug-
related convictions.

DATES: 
    Effective date: June 17, 2021.
    Implementation date: August 16, 2021.

FOR FURTHER INFORMATION CONTACT: Aaron Washington, U.S. Department of 
Education, 400 Maryland Ave. SW, Room 2C182, Washington, DC 20202. 
Telephone: (202) 453-7241. Email: <a href="/cdn-cgi/l/email-protection#1d5c7c6f7273334a7c6e7574737a6972735d7879337a726b"><span class="__cf_email__" data-cfemail="1e5f7f6c717030497f6d767770796a71705e7b7a30797168">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: The Department publishes this notice, as 
required by the Act, of early implementation of the Act's removal of 
requirements for Title IV eligibility related to Selective Service 
registration and drug-related convictions. A Dear Colleague Letter 
issued by the Department on June 11, 2021, providing information 
regarding the early implementation of the Act's removal of these 
requirements, including actions institutions must take as these changes 
are implemented in phases across award years 2021-2022, 2022-2023, and 
2023-2024, is available in the Appendix of this notice.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Tiwanda Burse,
Deputy Assistant Secretary for Management & Planning, Office of 
Postsecondary Education.

Appendix--DCL ID: GEN-21-xx

    Subject: Early Implementation of the FAFSA Simplification Act's 
Removal of Selective Service and Drug Conviction Requirements for 
Title IV Eligibility.
    Summary: This letter provides information about the early 
implementation of the FAFSA Simplification Act's removal of 
Selective Service and drug conviction requirements for Title IV 
eligibility, as well as actions that institutions must take as these 
changes are implemented in phases across award years 2021-2022, 
2022-2023, and 2023-2024. Certain other aspects of the law being 
implemented are discussed in separate communications.
    Dear Colleague:
    On December 27, 2020, the FAFSA Simplification Act (Act) was 
enacted into law as part of the Consolidated Appropriations Act, 
2021. The Act makes many important changes to the Higher Education 
Act of 1965 (HEA) and the Free Application for Federal Student Aid 
(FAFSA[supreg]). Two changes referred to by this DCL include 
amending Sec. 484 of the HEA to remove:
    <bullet> The requirement that male students register with the 
Selective Service before the age of 26 to be eligible for federal 
student aid under Title IV of the HEA (Title IV); and
    <bullet> Suspension of eligibility for Title IV aid for drug-
related convictions that occurred while receiving Title IV aid.
    Under the Act, the Department of Education (Department) may 
implement these changes by providing 60 days' notice in the Federal 
Register. The Secretary is issuing this notice in the coming days. 
Institutions may implement the changes as early as the date the 
Federal Register notice publishes. They must implement the changes 
no later than 60 days after the date of the Federal Register notice 
(implementation date). To make Title IV aid accessible to as many 
students as soon as possible, the Department of Education 
(Department) will implement these changes in three phases across 
three award years: The 2021-2022, 2022-2023, and 2023-2024 award 
years.
    Other than statutory and regulatory requirements included in the 
document, the contents of this guidance do not have the force and 
effect of law and are not meant to bind the public. This document is 
intended only to provide clarity to the public regarding existing 
requirements under the law or agency policies.

2021-2022 Award Year

    For the 2021-2022 award year, for which the FAFSA cycle has 
already begun, the Selective Service and drug conviction questions 
(as well as the option to register with the Selective Service via 
the FAFSA) will remain on the FAFSA. However, failing to register 
with the Selective Service or

[[Page 32253]]

having a drug conviction while receiving federal Title IV aid will 
no longer impact a student's Title IV aid eligibility.
    For the 2021-2022 award year, institutions will still see 
Comment Codes 30, 33, or 57 for Selective Service issues and Comment 
Codes 53, 54, 56, or 58 for drug convictions. Each Comment Code will 
still include messaging that a resolution is required to regain 
eligibility for federal student aid. For Institutional Student 
Informational Reports (ISIRs) received on or after the 
implementation date, institutions must ignore the Comment Codes and 
the messaging requiring resolution and proceed to award and disburse 
aid to students if they are otherwise eligible. However, while 
recommended, institutions are not required to go back and reprocess, 
package, or award aid for ISIRs they received for the 2021-2022 
award year prior to the implementation date unless requested by the 
student.
    Federal Student Aid will be proactively sending emails to 
students who are associated with 2021-2022 ISIRs received prior to 
the implementation date and who were determined to be ineligible 
based on their answers to Selective Service and drug conviction 
questions informing them about the change in the law and their 
potential eligibility for Title IV aid. Emails will direct students 
to contact their institution's financial aid office.

2022-2023 Award Year

    For the 2022-2023 award year, we will enhance implementation of 
the removal of Selective Service and drug conviction requirements 
for federal Title IV eligibility. Similar to the 2021-2022 award 
year:
    <bullet> The Selective Service and drug conviction questions (as 
well as the option to register with the Selective Service via the 
FAFSA) will remain on the FAFSA;
    <bullet> Failing to register with the Selective Service or 
having a drug conviction while receiving federal Title IV aid will 
no longer affect a student's Title IV aid eligibility; and
    <bullet> Institutions will still see Comment Codes 30, 33, or 57 
for Selective Service issues and Comment Codes 53, 54, 56, or 58 for 
drug convictions, which institutions must ignore and may not use as 
a reason to deny Title IV aid to a student.
    However, for the 2022-2023 award year, the Department will 
include language in the Comment Codes stating that no further action 
is necessary on the part of the student or the institution.

2023-2024 Award Year

    For the 2023-2024 award year, the Department plans to completely 
remove both the Selective Service and drug conviction questions from 
the FAFSA, as well as the option to register with the Selective 
Service via the FAFSA. We will also remove any associated Comment 
Codes and messaging that indicate a resolution is required for 
federal Title IV eligibility.
    Questions about our early implementation of these provisions of 
the FAFSA Simplification Act should be referred to our Contact 
Customer Support outreach site within FSA's Help Center, located in 
the new Knowledge Center. To submit a question, please enter your 
name, email address, topic, and question. When submitting a question 
related to this Dear Colleague Letter, please select the topic ``FSA 
Ask-A-FED/Policy.''
    Thank you for your continued support of the Title IV federal 
student aid programs.

Sincerely,

Richard Cordray, Chief Operating Officer, Federal Student Aid.
Annmarie Weisman, Deputy Assistant, Secretary for Policy, Planning, 
and Innovation, Office of Postsecondary Education.

[FR Doc. 2021-12762 Filed 6-16-21; 8:45 am]
BILLING CODE 4000-01-P


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