I 

115TH CONGRESS 

2D SESSION H. R. 5390 

To amend the Higher Education Act of 1965 to amend the process by 

which students with certain special circumstances apply for Federal financial aid. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2018 

Mr. CUMMINGS introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the Higher Education Act of 1965 to amend 

the process by which students with certain special circumstances apply for Federal financial aid. 

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 ‘‘FAFSA Fairness Act 

5 of 2018’’. 

6 SEC. 2. CHANGES TO THE FAFSA FOR CERTAIN STUDENTS. 

7 Section 483 of the Higher Education Act of 1965 (20 

8 U.S.C. 1090) is amended— 


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1 (1) in subsection (h)(1), by inserting the fol2 lowing before the semicolon: ‘‘, including the special 

3 circumstances under which a student may qualify for 

4 a determination of independence’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(i) PROVISIONAL INDEPENDENT STUDENTS.— 

7 ‘‘(1) REQUIREMENTS FOR THE SECRETARY.— 

8 The Secretary shall— 

9 ‘‘(A) enable each student who, based on 

10 the special circumstance specified in subsection 

11 (h)(1), may qualify for an adjustment under 

12 section 479A that will result in a determination 

13 of independence under such section and section 

14 480(d)(1)(I), to complete the forms developed 

15 by the Secretary under subsection (a) as an 

16 independent student for the purpose of an ini17 tial determination of the student’s Federal fi18 nancial aid award by a financial aid adminis19 trator at an institution of higher education to 

20 which the student is applying for financial aid, 

21 but subject to verification under paragraph 

22 (2)(B) for the purpose of the final determina23 tion of the award; and 

24 ‘‘(B) specify, on the forms, the con25 sequences under section 490(a) of knowingly 


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1 and willfully completing the forms as an inde2 pendent student under subparagraph (A) with3 out meeting the special circumstances to qualify 

4 for such a determination. 

5 ‘‘(2) REQUIREMENTS FOR FINANCIAL AID AD6 MINISTRATORS.—With respect to a student who 

7 completes the forms as an independent student 

8 under paragraph (1)(A), a financial aid adminis9 trator shall— 

10 ‘‘(A) provide an initial determination of 

11 the student’s Federal financial aid award to the 

12 student in the same manner as, and by not 

13 later than the date that, the administrator pro14 vides other independent students their initial 

15 determinations of Federal financial aid awards; 

16 and 

17 ‘‘(B) in making a final determination of 

18 the student’s Federal financial aid award, use 

19 the discretion provided under sections 479A 

20 and 480(d)(1)(I) to verify whether the student 

21 meets the special circumstances to qualify as an 

22 independent student. 

23 ‘‘(3) DEFINITION.—For purposes of this sub24 section, the term ‘other independent students’ means 

25 students— 


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1 ‘‘(A) who meet the definition of ‘inde2 pendent’ under section 480(d)(1); and 

3 ‘‘(B) whose independent status is not sub4 ject to verification by a financial aid adminis5 trator under paragraph (2)(B).’’. 

Æ 


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