4995 
an index that reflects an evaluation of a student’s approxi-
mate financial resources to contribute toward the student’s 
postsecondary education for the academic year, as deter-
mined in accordance with this part. 
‘‘(b) SPECIAL RULE FOR STUDENTS ELIGIBLE FOR 
THE TOTAL MAXIMUM PELL GRANT.—The Secretary shall 
consider an applicant to automatically have a student aid 
index equal to zero if the applicant is eligible for the total 
maximum Federal Pell Grant under section 401(b)(1)(A), 
except that, if the applicant has a calculated student aid 
index of less than zero the Secretary shall consider the nega-
tive number as the student aid index for the applicant. 
‘‘(c) SPECIAL
RULE
FOR
NONFILERS.—Notwith-
standing subsection (b), for an applicant (or, as applicable, 
an applicant and spouse, or an applicant’s parents) who 
is not required to file a Federal tax return for the second 
preceding tax year, the Secretary shall for the purposes of 
this title consider the student aid index as equal to – $1,500 
for the applicant.’’. 
(c) DETERMINATION OF STUDENT AID INDEX.—Sec-
tion 474 of the Higher Education Act of 1965 (20 U.S.C. 
1087nn) is amended to read as follows: 
‘‘SEC. 474. DETERMINATION OF STUDENT AID INDEX. 
‘‘The student aid index— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 04995
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
4996 
‘‘(1) for a dependent student shall be determined 
in accordance with section 475; 
‘‘(2) for a single independent student or a mar-
ried independent student without dependents (other 
than a spouse) shall be determined in accordance with 
section 476; and 
‘‘(3) for an independent student with dependents 
other than a spouse shall be determined in accordance 
with section 477.’’. 
(d) STUDENT AID INDEX
FOR DEPENDENT STU-
DENTS.—Section 475 of the Higher Education Act of 1965 
(20 U.S.C. 1087oo) is amended to read as follows: 
‘‘SEC. 475. STUDENT AID INDEX FOR DEPENDENT STU-
DENTS. 
‘‘(a) COMPUTATION OF STUDENT AID INDEX.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), for each dependent student, the student aid 
index is equal to the sum of— 
‘‘(A) the assessment of the parents’ adjusted 
available income (determined in accordance with 
subsection (b)); 
‘‘(B) the assessment of the student’s avail-
able income (determined in accordance with sub-
section (g)); and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 04996
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
4997 
‘‘(C) the student’s available assets (deter-
mined in accordance with subsection (h)). 
‘‘(2) EXCEPTION.—If the sum determined under 
paragraph (1) with respect to a dependent student is 
less than – $1,500, the student aid index for the de-
pendent student shall be – $1,500. 
‘‘(b) ASSESSMENT OF PARENTS’ ADJUSTED AVAIL-
ABLE INCOME.—The assessment of parents’ adjusted avail-
able income is equal to the amount determined by— 
‘‘(1) computing adjusted available income by 
adding— 
‘‘(A) the parents’ available income (deter-
mined in accordance with subsection (c)); and 
‘‘(B) the parents’ available assets (deter-
mined in accordance with subsection (d)); 
‘‘(2) assessing such adjusted available income in 
accordance with the assessment schedule set forth in 
subsection (e); and 
‘‘(3) considering such assessment resulting under 
paragraph (2) as the amount determined under this 
subsection. 
‘‘(c) PARENTS’ AVAILABLE INCOME.— 
‘‘(1) IN GENERAL.—The parents’ available in-
come is determined by subtracting from total income 
(as defined in section 480)— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 04997
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
4998 
‘‘(A) Federal income taxes; 
‘‘(B) an allowance for payroll taxes, deter-
mined in accordance with paragraph (2); 
‘‘(C) an income protection allowance, deter-
mined in accordance with paragraph (3); and 
‘‘(D) an employment expense allowance, de-
termined in accordance with paragraph (4). 
‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The al-
lowance for payroll taxes is equal to the sum of— 
‘‘(A) the total amount earned by the par-
ents, multiplied by the rate of tax under section 
3101(b) of the Internal Revenue Code of 1986; 
and 
‘‘(B) the amount earned by the parents that 
does not exceed such contribution and benefit 
base (twice such contribution and benefit base, in 
the case of a joint return) for the year of the 
earnings, multiplied by the rate of tax applicable 
to such earnings under section 3101(a) of the In-
ternal Revenue Code of 1986. 
‘‘(3) INCOME PROTECTION ALLOWANCE.—The in-
come protection allowance shall equal the amount de-
termined in the following table, as adjusted by the 
Secretary pursuant to section 478(b): 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 04998
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
4999 
‘‘Income Protection Allowance (to be adjusted for 2023–2024 and 
succeeding years) 
Family Size (including student) 
Amount 
2 ...............................................................................................................
$23,330
3 ...............................................................................................................
$29,040
4 ...............................................................................................................
$35,870
5 ...............................................................................................................
$42,320
6 ...............................................................................................................
$49,500
For each additional add ........................................................................
$5,590. 
‘‘(4) EMPLOYMENT EXPENSE ALLOWANCE.—The 
employment expense allowance is equal to the lesser of 
$4,000 or 35 percent of the single parent’s earned in-
come or married parents’ combined earned income (as 
adjusted by the Secretary pursuant to section 478(g)). 
‘‘(d) PARENTS’ AVAILABLE ASSETS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DETERMINATION.—Except as provided 
in subparagraph (B), the parents’ available as-
sets are equal to— 
‘‘(i) the difference between the parents’ 
assets and the asset protection allowance 
(determined in accordance with paragraph 
(2)); multiplied by 
‘‘(ii) 12 percent. 
‘‘(B) NOT LESS THAN ZERO.—The parents’ 
available assets under this subsection shall not be 
less than zero. 
‘‘(2) ASSET PROTECTION ALLOWANCE.—The asset 
protection allowance is calculated based on the fol-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 04999
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5000 
lowing table (as revised by the Secretary pursuant to 
section 478(d)): 
‘‘Asset Protection Allowances for Parents of Dependent Students 
If the age of the oldest parent 
is— 
And there are 
two parents 
one parent 
then the allowance is— 
25 or less .................................
$0 
$0
26 .............................................
$400 
$100
27 .............................................
$700 
$300
28 .............................................
$1,100 
$400
29 .............................................
$1,500 
$600
30 .............................................
$1,800 
$700
31 .............................................
$2,200 
$800
32 .............................................
$2,600 
$1,000
33 .............................................
$2,900 
$1,100
34 .............................................
$3,300 
$1,300
35 .............................................
$3,700 
$1,400
36 .............................................
$4,000 
$1,500
37 .............................................
$4,400 
$1,700
38 .............................................
$4,800 
$1,800
39 .............................................
$5,100 
$2,000
40 .............................................
$5,500 
$2,100
41 .............................................
$5,600 
$2,200
42 .............................................
$5,700 
$2,200
43 .............................................
$5,900 
$2,300
44 .............................................
$6,000 
$2,300
45 .............................................
$6,200 
$2,400
46 .............................................
$6,300 
$2,400
47 .............................................
$6,500 
$2,500
48 .............................................
$6,600 
$2,500
49 .............................................
$6,800 
$2,600
50 .............................................
$7,000 
$2,700
51 .............................................
$7,100 
$2,700
52 .............................................
$7,300 
$2,800
53 .............................................
$7,500 
$2,900
54 .............................................
$7,700 
$2,900
55 .............................................
$7,900 
$3,000
56 .............................................
$8,100 
$3,100
57 .............................................
$8,400 
$3,100
58 .............................................
$8,600 
$3,200
59 .............................................
$8,800 
$3,300
60 .............................................
$9,100 
$3,400
61 .............................................
$9,300 
$3,500
62 .............................................
$9,600 
$3,600
63 .............................................
$9,900 
$3,700
64 .............................................
$10,200 
$3,800
65 or more ...............................
$10,500 
$3,900. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05000
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5001 
‘‘(e) ASSESSMENT SCHEDULE.—The assessment of the 
parents’ adjusted available income (as determined under 
subsection (b)(1) and hereafter in this subsection referred 
to as ‘AAI’) is calculated based on the following table (as 
revised by the Secretary pursuant to section 478(e)): 
‘‘Parents’ Contribution From AAI 
If the parents’ AAI is— 
Then the parents’ contribution from AAI is— 
Less than – $6,820 ....................................................
– $1,500 
– $6,820 to $17,400 ..................................................
22% of AAI 
$17,401 to $21,800 ...................................................
$3,828 + 25% of AAI over $17,400 
$21,801 to $26,200 ...................................................
$4,928 + 29% of AAI over $21,800 
$26,201 to $30,700 ...................................................
$6,204 + 34% of AAI over $26,200 
$30,701 to $35,100 ...................................................
$7,734 + 40% of AAI over $30,700 
$35,101 or more .......................................................
$9,494 + 47% of AAI over $35,100. 
‘‘(f) CONSIDERATION OF PARENTAL INCOME.— 
‘‘(1) PARENTS WHO LIVE TOGETHER.—Parental 
income and assets in the case of student whose par-
ents are married and not separated, or who are un-
married but live together, shall include the income 
and assets of both parents. 
‘‘(2) DIVORCED OR SEPARATED PARENTS.—Pa-
rental income and assets for a student whose parents 
are divorced or separated, but not remarried, is deter-
mined by including only the income and assets of the 
parent who provides the greater portion of the stu-
dent’s financial support. 
‘‘(3) DEATH
OF
A
PARENT.—Parental income 
and assets in the case of the death of any parent is 
determined as follows: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05001
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5002 
‘‘(A) If either of the parents has died, the 
surviving parent shall be considered a single 
parent, until that parent has remarried. 
‘‘(B) If both parents have died, the student 
shall not report any parental income or assets. 
‘‘(4) REMARRIED PARENTS.—If a parent whose 
income and assets are taken into account under para-
graph (2), or if a parent who is a widow or widower 
and whose income is taken into account under para-
graph (3), has remarried, the income of that parent’s 
spouse shall be included in determining the parent’s 
assessment of adjusted available income if the stu-
dent’s parent and the stepparent are married as of 
the date of application for the award year concerned. 
‘‘(5) SINGLE PARENT WHO IS NOT DIVORCED OR 
SEPARATED.—Parental income and assets in the case 
of a student whose parent is not described in para-
graph (1) and is a single parent who is not divorced, 
separated, or remarried, shall include the income and 
assets of such single parent. 
‘‘(g) STUDENT’S AVAILABLE INCOME.— 
‘‘(1) IN GENERAL.—The student’s available in-
come is equal to— 
‘‘(A) the difference between the student’s 
total income (determined in accordance with sec-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05002
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5003 
tion 480) and the adjustment to student income 
(determined in accordance with paragraph (2)); 
multiplied by 
‘‘(B) 50 percent. 
‘‘(2) ADJUSTMENT TO STUDENT INCOME.—The 
adjustment to student income is equal to the sum of— 
‘‘(A) Federal income taxes; 
‘‘(B) an allowance for payroll taxes deter-
mined in accordance with paragraph (3); 
‘‘(C) an income protection allowance that is 
equal to $9,410, as adjusted pursuant to section 
478(b); and 
‘‘(D) an allowance for parents’ negative 
available income, determined in accordance with 
paragraph (4). 
‘‘(3) ALLOWANCE FOR PAYROLL TAXES.—The al-
lowance for payroll taxes is equal to the sum of— 
‘‘(A) the total amount earned by the stu-
dent, multiplied by the rate of tax under section 
3101(b) of the Internal Revenue Code of 1986; 
and 
‘‘(B) the amount earned by the student that 
does not exceed such contribution and benefit 
base for the year of the earnings, multiplied by 
the rate of tax applicable to such earnings under 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05003
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5004 
section 3101(a) of the Internal Revenue Code of 
1986. 
‘‘(4) ALLOWANCE
FOR
PARENTS’ 
NEGATIVE 
AVAILABLE INCOME.—The allowance for parents’ neg-
ative available income is the amount, if any, by 
which the sum of the amounts deducted under sub-
section (c)(1) exceeds the sum of the parents’ total in-
come (as defined in section 480) and the parents’ 
available assets (as determined in accordance with 
subsection (d)). 
‘‘(h) STUDENT’S ASSETS.—The student’s assets are de-
termined by calculating the assets of the student and multi-
plying such amount by 20 percent, except that the result 
shall not be less than zero.’’. 
(e) STUDENT AID INDEX FOR INDEPENDENT STU-
DENTS WITHOUT DEPENDENTS OTHER THAN A SPOUSE.— 
Section 476 of the Higher Education Act of 1965 (20 U.S.C. 
1087pp) is amended to read as follows: 
‘‘SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STU-
DENTS WITHOUT DEPENDENTS OTHER THAN 
A SPOUSE. 
‘‘(a) COMPUTATION OF STUDENT AID INDEX.— 
‘‘(1) IN GENERAL.—For each independent stu-
dent without dependents other than a spouse, the stu-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05004
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5005 
dent aid index is equal to (except as provided in 
paragraph (2)) the sum of— 
‘‘(A) the family’s available income (deter-
mined in accordance with subsection (b)); and 
‘‘(B) the family’s available assets (deter-
mined in accordance with subsection (c)). 
‘‘(2) EXCEPTION.—If the sum determined under 
paragraph (1) with respect to an independent student 
without dependents other than a spouse is less than 
– $1,500, the student aid index for the independent 
student shall be – $1,500. 
‘‘(b) FAMILY’S AVAILABLE INCOME.— 
‘‘(1) IN GENERAL.—The family’s available in-
come is determined by— 
‘‘(A) deducting from total income (as de-
fined in section 480)— 
‘‘(i) Federal income taxes; 
‘‘(ii) an allowance for payroll taxes, 
determined in accordance with paragraph 
(2); 
‘‘(iii) an income protection allowance 
that is equal to— 
‘‘(I) in the case of a single inde-
pendent student without dependents, 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05005
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5006 
$14,630, as adjusted pursuant to sec-
tion 478(b); and 
‘‘(II) in the case of a married 
independent student without depend-
ents, $23,460, as adjusted pursuant to 
section 478(b); and 
‘‘(iv) in the case of a married inde-
pendent student, an employment expense al-
lowance, as determined in accordance with 
paragraph (3); and 
‘‘(B) multiplying the amount determined 
under subparagraph (A) by 50 percent. 
‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The al-
lowance for payroll taxes is equal to the sum of— 
‘‘(A) the total amount earned by the student 
(and spouse, if appropriate), multiplied by the 
rate of tax under section 3101(b) of the Internal 
Revenue Code of 1986; and 
‘‘(B) the amount earned by the student (and 
spouse, if appropriate) that does not exceed such 
contribution and benefit base (twice such con-
tribution and benefit base, in the case of a joint 
return) for the year of the earnings, multiplied 
by the rate of tax applicable to such earnings 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05006
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5007 
under section 3101(a) of the Internal Revenue 
Code of 1986. 
‘‘(3) EMPLOYMENT EXPENSE ALLOWANCE.—The 
employment expense allowance is equal to the fol-
lowing: 
‘‘(A) If the student is married, such allow-
ance is equal to the lesser of $4,000 or 35 percent 
of the couple’s combined earned income (as ad-
justed by the Secretary pursuant to section 
478(g)). 
‘‘(B) If the student is not married, the em-
ployment expense allowance is zero. 
‘‘(c) FAMILY’S AVAILABLE ASSETS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DETERMINATION.—Except as provided 
in subparagraph (B), the family’s available as-
sets are equal to— 
‘‘(i) the difference between the family’s 
assets (as defined in section 480(f)) and the 
asset protection allowance (determined in 
accordance with paragraph (2)); multiplied 
by 
‘‘(ii) 20 percent. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05007
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5008 
‘‘(B) NOT LESS THAN ZERO.—The family’s 
available assets under this subsection shall not be 
less than zero. 
‘‘(2) ASSET PROTECTION ALLOWANCE.—The asset 
protection allowance is calculated based on the fol-
lowing table (as revised by the Secretary pursuant to 
section 478(d)): 
‘‘Asset Protection Allowances for Families and Students 
If the age of the student is— 
And the student is 
married 
single 
then the allowance is— 
25 or less .................................
$0 
$0
26 .............................................
$400 
$100
27 .............................................
$700 
$300
28 .............................................
$1,100 
$400
29 .............................................
$1,500 
$600
30 .............................................
$1,800 
$700
31 .............................................
$2,200 
$800
32 .............................................
$2,600 
$1,000
33 .............................................
$2,900 
$1,100
34 .............................................
$3,300 
$1,300
35 .............................................
$3,700 
$1,400
36 .............................................
$4,000 
$1,500
37 .............................................
$4,400 
$1,700
38 .............................................
$4,800 
$1,800
39 .............................................
$5,100 
$2,000
40 .............................................
$5,500 
$2,100
41 .............................................
$5,600 
$2,200
42 .............................................
$5,700 
$2,200
43 .............................................
$5,900 
$2,300
44 .............................................
$6,000 
$2,300
45 .............................................
$6,200 
$2,400
46 .............................................
$6,300 
$2,400
47 .............................................
$6,500 
$2,500
48 .............................................
$6,600 
$2,500
49 .............................................
$6,800 
$2,600
50 .............................................
$7,000 
$2,700
51 .............................................
$7,100 
$2,700
52 .............................................
$7,300 
$2,800
53 .............................................
$7,500 
$2,900
54 .............................................
$7,700 
$2,900
55 .............................................
$7,900 
$3,000
56 .............................................
$8,100 
$3,100
57 .............................................
$8,400 
$3,100
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05008
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5009 
‘‘Asset Protection Allowances for Families and Students—Continued 
If the age of the student is— 
And the student is 
married 
single 
then the allowance is— 
58 .............................................
$8,600 
$3,200
59 .............................................
$8,800 
$3,300
60 .............................................
$9,100 
$3,400
61 .............................................
$9,300 
$3,500
62 .............................................
$9,600 
$3,600
63 .............................................
$9,900 
$3,700
64 .............................................
$10,200 
$3,800
65 or more ...............................
$10,500 
$3,900. 
‘‘(d) COMPUTATIONS IN CASE OF SEPARATION, DI-
VORCE, OR DEATH.—In the case of a student who is di-
vorced or separated, or whose spouse has died, the spouse’s 
income and assets shall not be considered in determining 
the family’s available income or assets.’’. 
(f) STUDENT AID INDEX
FOR INDEPENDENT STU-
DENTS WITH DEPENDENTS OTHER THAN A SPOUSE.—Sec-
tion 477 of the Higher Education Act of 1965 (20 U.S.C. 
1087qq) is amended to read as follows: 
‘‘SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STU-
DENTS WITH DEPENDENTS OTHER THAN A 
SPOUSE. 
‘‘(a) COMPUTATION OF STUDENT AID INDEX.— 
‘‘(1) IN GENERAL.—For each independent stu-
dent with dependents other than a spouse, the student 
aid index is equal to the amount determined by— 
‘‘(A) computing adjusted available income 
by adding— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05009
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5010 
‘‘(i) the family’s available income (de-
termined in accordance with subsection (b)); 
and 
‘‘(ii) the family’s available assets (de-
termined in accordance with subsection (c)); 
‘‘(B) assessing such adjusted available in-
come in accordance with an assessment schedule 
set forth in subsection (d); and 
‘‘(C) considering such assessment resulting 
under subparagraph (B) as the amount deter-
mined under this subsection. 
‘‘(2) EXCEPTION.—If the sum determined under 
paragraph (1) with respect to an independent student 
with dependents other than a spouse is less than – 
$1,500, the student aid index for the independent stu-
dent shall be – $1,500. 
‘‘(b) FAMILY’S AVAILABLE INCOME.— 
‘‘(1) IN GENERAL.—The family’s available in-
come is determined by deducting from total income 
(as defined in section 480)— 
‘‘(A) Federal income taxes; 
‘‘(B) an allowance for payroll taxes, deter-
mined in accordance with paragraph (2); 
‘‘(C) an income protection allowance, deter-
mined in accordance with paragraph (3); and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05010
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5011 
‘‘(D) an employment expense allowance, de-
termined in accordance with paragraph (4). 
‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The al-
lowance for payroll taxes is equal to the sum of— 
‘‘(A) the total amount earned by the student 
(and spouse, if appropriate), multiplied by the 
rate of tax under section 3101(b) of the Internal 
Revenue Code of 1986; and 
‘‘(B) the amount earned by the student (and 
spouse, if appropriate) that does not exceed such 
contribution and benefit base (twice such con-
tribution and benefit base, in the case of a joint 
return) for the year of the earnings, multiplied 
by the rate of tax applicable to such earnings 
under section 3101(a) of the Internal Revenue 
Code of 1986. 
‘‘(3) INCOME PROTECTION ALLOWANCE.—The in-
come protection allowance shall equal the amount de-
termined in the following table, as adjusted by the 
Secretary pursuant to section 478(b): 
‘‘(A) In the case of a married independent 
student with dependents: 
‘‘Income Protection Allowance (to be adjusted for 2023–2024 and 
succeeding years) 
Family Size (including student) 
Amount 
3 ...............................................................................................................
$46,140
4 ...............................................................................................................
$56,970
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05011
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5012 
‘‘Income Protection Allowance (to be adjusted for 2023–2024 and 
succeeding years)—Continued 
Family Size (including student) 
Amount 
5 ...............................................................................................................
$67,230
6 ...............................................................................................................
$78,620
For each additional add ........................................................................
$8,880. 
‘‘(B) In the case of a single independent 
student with dependents: 
‘‘Income Protection Allowance (to be adjusted for 2023–2024 and 
succeeding years) 
Family Size (including student) 
Amount 
2 ...............................................................................................................
$43,920
3 ...............................................................................................................
$54,690
4 ...............................................................................................................
$67,520
5 ...............................................................................................................
$79,680
6 ...............................................................................................................
$93,180
For each additional add ........................................................................
$10,530. 
‘‘(4) EMPLOYMENT EXPENSE ALLOWANCE.—The 
employment expense allowance is equal to the lesser of 
$4,000 or 35 percent of the student’s earned income 
or the combined earned income of the student and the 
student’s spouse, if applicable (as adjusted by the Sec-
retary pursuant to section 478(g)). 
‘‘(c) FAMILY’S AVAILABLE ASSETS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DETERMINATION.—Except as provided 
in subparagraph (B), the family’s available as-
sets are equal to— 
‘‘(i) the difference between the family’s 
assets (as defined in 480(f)) and the asset 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05012
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5013 
protection allowance (determined in accord-
ance with paragraph (2)); multiplied by 
‘‘(ii) 7 percent. 
‘‘(B) NOT LESS THAN ZERO.—The family’s 
available assets under this subsection shall not be 
less than zero. 
‘‘(2) ASSET PROTECTION ALLOWANCE.—The asset 
protection allowance is calculated based on the fol-
lowing table (as revised by the Secretary pursuant to 
section 478(d)): 
‘‘Asset Protection Allowances for Families and Students 
If the age of the student is— 
And the student is 
married 
single 
then the allowance is— 
25 or less .................................
$0 
$0
26 .............................................
$400 
$100
27 .............................................
$700 
$300
28 .............................................
$1,100 
$400
29 .............................................
$1,500 
$600
30 .............................................
$1,800 
$700
31 .............................................
$2,200 
$800
32 .............................................
$2,600 
$1,000
33 .............................................
$2,900 
$1,100
34 .............................................
$3,300 
$1,300
35 .............................................
$3,700 
$1,400
36 .............................................
$4,000 
$1,500
37 .............................................
$4,400 
$1,700
38 .............................................
$4,800 
$1,800
39 .............................................
$5,100 
$2,000
40 .............................................
$5,500 
$2,100
41 .............................................
$5,600 
$2,200
42 .............................................
$5,700 
$2,200
43 .............................................
$5,900 
$2,300
44 .............................................
$6,000 
$2,300
45 .............................................
$6,200 
$2,400
46 .............................................
$6,300 
$2,400
47 .............................................
$6,500 
$2,500
48 .............................................
$6,600 
$2,500
49 .............................................
$6,800 
$2,600
50 .............................................
$7,000 
$2,700
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05013
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5014 
‘‘Asset Protection Allowances for Families and Students—Continued 
If the age of the student is— 
And the student is 
married 
single 
then the allowance is— 
51 .............................................
$7,100 
$2,700
52 .............................................
$7,300 
$2,800
53 .............................................
$7,500 
$2,900
54 .............................................
$7,700 
$2,900
55 .............................................
$7,900 
$3,000
56 .............................................
$8,100 
$3,100
57 .............................................
$8,400 
$3,100
58 .............................................
$8,600 
$3,200
59 .............................................
$8,800 
$3,300
60 .............................................
$9,100 
$3,400
61 .............................................
$9,300 
$3,500
62 .............................................
$9,600 
$3,600
63 .............................................
$9,900 
$3,700
64 .............................................
$10,200 
$3,800
65 or more ...............................
$10,500 
$3,900. 
‘‘(d) ASSESSMENT SCHEDULE.—The assessment of ad-
justed available income (as determined under subsection 
(a)(1) and hereafter in this subsection referred to as ‘AAI’) 
is calculated based on the following table (as revised by the 
Secretary pursuant to section 478(e)): 
‘‘Assessment From Adjusted Available Income 
If AAI is— 
Then the assessment is— 
Less than – $6,820 ....................................................
– $1,500 
– $6,820 to $17,400 ..................................................
22% of AAI 
$17,401 to $21,800 ...................................................
$3,828 + 25% of AAI over $17,400 
$21,801 to $26,200 ...................................................
$4,928 + 29% of AAI over $21,800 
$26,201 to $30,700 ...................................................
$6,204 + 34% of AAI over $26,200 
$30,701 to $35,100 ...................................................
$7,734 + 40% of AAI over $30,700 
$35,101 or more .......................................................
$9,494 + 47% of AAI over $35,100. 
‘‘(e) COMPUTATIONS IN CASE OF SEPARATION, DI-
VORCE, OR DEATH.—In the case of a student who is di-
vorced or separated, or whose spouse has died, the spouse’s 
income and assets shall not be considered in determining 
the family’s available income or assets.’’. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05014
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5015 
(g) REGULATIONS; UPDATED TABLES.—Section 478 of 
the Higher Education Act of 1965 (20 U.S.C. 1087rr) is 
amended to read as follows: 
‘‘SEC. 478. REGULATIONS; UPDATED TABLES. 
‘‘(a) AUTHORITY TO PRESCRIBE REGULATIONS RE-
STRICTED.—Notwithstanding any other provision of law, 
the Secretary shall not have the authority to prescribe regu-
lations to carry out this part except— 
‘‘(1) to prescribe updated tables in accordance 
with subsections (b) through (g); and 
‘‘(2) with respect to the definition of cost of at-
tendance 
under 
section 
472, 
excluding 
section 
472(a)(1). 
‘‘(b) INCOME
PROTECTION
ALLOWANCE
ADJUST-
MENTS.—For award year 2023–2024 and each subsequent 
award year, the Secretary shall publish in the Federal Reg-
ister revised income protection allowances for the purposes 
of subsections (c)(3) and (g)(2)(C) of section 475, subclauses 
(I) and (II) of section 476(b)(1)(A)(iii), and section 
477(b)(3), by increasing the income protection allowances 
in each of such provisions, by a percentage equal to the per-
centage increase in the Consumer Price Index, as defined 
in subsection (f), between April 2020 and the April in the 
year prior to the beginning of the award year and rounding 
the result to the nearest $10. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05015
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5016 
‘‘(c) ADJUSTED NET WORTH OF A FARM OR BUSI-
NESS.— 
‘‘(1) TABLE.—The table of the net worth of a 
farm or business for purposes of making determina-
tions of assets as defined under section 480(f) is the 
following: 
‘‘Farm/Business Net Worth Adjustment 
If the net worth of a farm or business is— 
Then the adjusted net worth is— 
Less than $1 ..............................................................
$0 
$1 to $140,000 .........................................................
40% of net worth of farm/business 
$140,001 to $415,000 ...............................................
$56,000 + 50% of net worth over $140,000 
$415,001 to $695,000 ...............................................
$193,500 + 60% of net worth over $415,000 
$695,001 or more .....................................................
$361,500 + 100% of net worth over $695,000. 
‘‘(2) REVISED TABLES.—For award year 2023– 
2024 and each subsequent award year, the Secretary 
shall publish in the Federal Register a revised table 
of the adjusted net worth of a farm or business for 
purposes of section 480(f). Such revised table shall be 
developed— 
‘‘(A) by increasing each dollar amount that 
refers to net worth of a farm or business by a 
percentage equal to the percentage increase in the 
Consumer Price Index between April 2020 and 
the April in the year prior to the beginning of 
such award year, and rounding the result to the 
nearest $5,000; and 
‘‘(B) by adjusting the dollar amounts in the 
column referring to the adjusted net worth to re-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05016
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5017 
flect the changes made pursuant to subparagraph 
(A). 
‘‘(d) ASSET PROTECTION ALLOWANCE.—For award 
year 2023–2024 and each subsequent award year, the Sec-
retary shall publish in the Federal Register a revised table 
of allowances for the purpose of sections 475(d)(2), 
476(c)(2), and 477(c)(2). Such revised table shall be devel-
oped by determining the present value cost, rounded to the 
nearest $100, of an annuity that would provide, for each 
age cohort of 40 and above, a supplemental income at age 
65 (adjusted for inflation) equal to the difference between 
the moderate family income (as most recently determined 
by the Bureau of Labor Statistics), and the current average 
social security retirement benefits. For each age cohort 
below 40, the allowance shall be computed by decreasing the 
allowance for age 40, as updated, by one-fifteenth for each 
year of age below age 40 and rounding the result to the 
nearest $100. In making such determinations— 
‘‘(1) the tables of allowances specified in sections 
475(d)(2), 476(c)(2), and 477(c)(2) shall be considered 
to be for award year 2021–2022 for the purposes of 
calculating inflation; 
‘‘(2) inflation shall be presumed to be 6 percent 
per year; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05017
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5018 
‘‘(3) the rate of return of an annuity shall be 
presumed to be 8 percent; and 
‘‘(4) the sales commission on an annuity shall be 
presumed to be 6 percent. 
‘‘(e) ASSESSMENT
SCHEDULES
AND
RATES.—For 
award year 2023–2024 and each subsequent award year, 
the Secretary shall publish in the Federal Register a revised 
table of assessments from adjusted available income for the 
purpose of sections 475(e) and 477(d). Such revised table 
shall be developed— 
‘‘(1) by increasing each dollar amount that refers 
to adjusted available income by a percentage equal to 
the percentage increase in the Consumer Price Index 
between April 2020 and the April in the year prior 
to the beginning of such academic year, rounded to 
the nearest $100; and 
‘‘(2) by adjusting the other dollar amounts to re-
flect the changes made pursuant to paragraph (1). 
‘‘(f) CONSUMER PRICE INDEX DEFINED.—In this sec-
tion, the term ‘Consumer Price Index’ means the Consumer 
Price Index for All Urban Consumers published by the De-
partment of Labor. Each annual update of tables to reflect 
changes in the Consumer Price Index shall be corrected for 
misestimation of actual changes in such Index in previous 
years. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05018
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5019 
‘‘(g) 
EMPLOYMENT
EXPENSE
ALLOWANCE.—For 
award year 2023–2024 and each succeeding award year, 
the Secretary shall publish in the Federal Register a revised 
table of employment expense allowances for the purpose of 
sections 475(c)(4), 476(b)(3), and 477(b)(4). Such revised 
table shall be developed by increasing the dollar amount 
specified in sections 475(c)(4), 476(b)(3), and 477(b)(4) by 
a percentage equal to the percentage increase in the Con-
sumer Price Index, as defined in subsection (f), between 
April 2020 and the April in the year prior to the beginning 
of the award year and rounding the result to the nearest 
$10. 
‘‘(h) CLARIFICATION FOR AWARD YEAR 2023–2024.— 
For award year 2023–2024, the Secretary shall determine 
adjusted amounts and prescribe revised tables with respect 
to the income protection, employment expense, and asset 
protection allowances and the assessment schedules under 
sections 475, 476, and 477, pursuant to this section. The 
amounts and tables specified in sections 475, 476, and 477 
with respect to such allowances and schedules shall only be 
used by the Secretary as a baseline for adjustments and 
table revisions prescribed in accordance with this section.’’. 
(h) APPLICANTS EXEMPT FROM ASSET REPORTING.— 
Section 479 of the Higher Education Act of 1965 (20 U.S.C. 
1087ss) is amended to read as follows: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05019
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5020 
‘‘SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET RE-
PORTING. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, this section shall be effective for each individual 
seeking to apply for Federal financial aid under this title, 
as part of the simplified application for Federal student 
financial aid under section 483, on or after July 1, 2023. 
‘‘(b) APPLICANTS EXEMPT FROM ASSET REPORT-
ING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), in carrying out section 483, the Secretary 
shall not use asset information from an eligible appli-
cant or, as applicable, the parent or spouse of an eli-
gible applicant. 
‘‘(2) ELIGIBLE APPLICANTS.—In this subsection, 
the term ‘eligible applicant’ means an applicant who 
meets at least one of the following criteria: 
‘‘(A) Is an applicant who qualifies for an 
automatic zero student aid index or negative stu-
dent aid index under subsection (b) or (c) of sec-
tion 473. 
‘‘(B) Is an applicant who is a dependent 
student and the student’s parents have a total 
adjusted gross income (excluding any income of 
the dependent student) that is less than $60,000 
and do not file a Schedule A, B, D, E, F, or H 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05020
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5021 
(or equivalent successor schedules) with the Fed-
eral income tax return for the second preceding 
tax year, and— 
‘‘(i) do not file a Schedule C (or the 
equivalent successor schedule) with the Fed-
eral income tax return for the second pre-
ceding tax year; or 
‘‘(ii) file a Schedule C (or the equiva-
lent successor schedule) with net business 
income of not more than a $10,000 loss or 
gain with the Federal income tax return for 
the second preceding tax year. 
‘‘(C) Is an applicant who is an independent 
student and the student (including the student’s 
spouse, if any) has a total adjusted gross income 
that is less than $60,000 and does not file a 
Schedule A, B, D, E, F, or H (or equivalent suc-
cessor schedules), with the Federal income tax re-
turn for the second preceding tax year, and— 
‘‘(i) does not file a Schedule C (or the 
equivalent successor schedule) with the Fed-
eral income tax return for the second pre-
ceding tax year; or 
‘‘(ii) files a Schedule C (or the equiva-
lent successor schedule) with net business 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05021
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5022 
income of not more than a $10,000 loss or 
gain with the Federal income tax return for 
the second preceding tax year. 
‘‘(D) Is an applicant who, at any time dur-
ing the previous 24-month period, received a 
benefit under a means-tested Federal benefit pro-
gram (or whose parent or spouse received such a 
benefit, as applicable). 
‘‘(3) SPECIAL RULE.—An eligible applicant shall 
not be exempt from asset reporting under this section 
if the applicant is a dependent student and the stu-
dents’ parents do not— 
‘‘(A) reside in the United States or a 
United States territory; or 
‘‘(B) file taxes in the United States or a 
United States territory, except if such nonfiling 
is due to not being required to file a Federal tax 
return for the applicable tax year due to a low 
income. 
‘‘(4) DEFINITIONS.—In this section: 
‘‘(A) SCHEDULE A.—The term ‘Schedule A’ 
means a form or information by a taxpayer to 
report itemized deductions. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05022
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5023 
‘‘(B) SCHEDULE B.—The term ‘Schedule B’ 
means a form or information filed by a taxpayer 
to report interest and ordinary dividend income. 
‘‘(C) SCHEDULE C.—The term ‘Schedule C’ 
means a form or information filed by a taxpayer 
to report income or loss from a business operated 
or a profession practiced as a sole proprietor. 
‘‘(D) SCHEDULE D .—The term ‘Schedule 
D’ means a form or information filed by a tax-
payer to report sales, exchanges or some involun-
tary conversions of capital assets, certain capital 
gain distributions, and nonbusiness bad debts. 
‘‘(E) SCHEDULE E .—The term ‘Schedule 
E’ means a form or information filed by a tax-
payer to report income from rental properties, 
royalties, partnerships, S corporations, estates, 
trusts, and residual interests in real estate mort-
gage investment conduits. 
‘‘(F) SCHEDULE F.—The term ‘Schedule F’ 
means a form or information filed by a taxpayer 
to report farm income and expenses. 
‘‘(G) SCHEDULE H.—The term ‘Schedule H’ 
means a form or information filed by a taxpayer 
to report household employment taxes. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05023
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5024 
‘‘(H) MEANS-TESTED
FEDERAL
BENEFIT 
PROGRAM.—The term ‘means-tested Federal ben-
efit program’ means any of the following: 
‘‘(i) The supplemental security income 
program under title XVI of the Social Secu-
rity Act (42 U.S.C. 1381 et seq.). 
‘‘(ii) The supplemental nutrition as-
sistance program under the Food and Nu-
trition Act of 2008 (7 U.S.C. 2011 et seq.), 
a nutrition assistance program carried out 
under section 19 of such Act (7 U.S.C. 
2028), and a supplemental nutrition assist-
ance program carried out under section 3(c) 
of the Act entitled ‘An Act to authorize ap-
propriations for certain insular areas of the 
United States, and for other purposes’ (Pub-
lic Law 95–348). 
‘‘(iii) The program of block grants for 
States for temporary assistance for needy 
families established under part A of title IV 
of the Social Security Act (42 U.S.C. 601 et 
seq.). 
‘‘(iv) The special supplemental nutri-
tion program for women, infants, and chil-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05024
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5025 
dren established by section 17 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786). 
‘‘(v) The Medicaid program under title 
XIX of the Social Security Act (42 U.S.C. 
1396 et seq.). 
‘‘(vi) Federal housing assistance pro-
grams, including tenant-based assistance 
under section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)), 
and public housing, as defined in section 
3(b)(1) of such Act (42 U.S.C. 1437a(b)(1)). 
‘‘(vii) Other means-tested programs de-
termined by the Secretary to be approxi-
mately consistent with the income eligibility 
requirements of the means-tested programs 
under clauses (i) through (vi).’’. 
(i) DISCRETION OF STUDENT FINANCIAL AID ADMIN-
ISTRATORS.—Section 479A of the Higher Education Act of 
1965 (20 U.S.C. 1087tt) is amended to read as follows: 
‘‘SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID AD-
MINISTRATORS. 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY OF FINANCIAL AID ADMINISTRA-
TORS.—A financial aid administrator shall have the 
authority to, on the basis of adequate documentation, 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05025
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5026 
make adjustments to any or all of the following on a 
case-by-case basis: 
‘‘(A) For an applicant with special cir-
cumstances under subsection (b) to— 
‘‘(i) the cost of attendance; 
‘‘(ii) the values of the data used to cal-
culate the student aid index; or 
‘‘(iii) the values of the data used to 
calculate the Federal Pell Grant award. 
‘‘(B) For an applicant with unusual cir-
cumstances under subsection (c), to the depend-
ency status of such applicant. 
‘‘(2) LIMITATIONS ON AUTHORITY.— 
‘‘(A) USE OF AUTHORITY.—No institution 
of higher education or financial aid adminis-
trator shall maintain a policy of denying all re-
quests for adjustments under this section. 
‘‘(B) NO ADDITIONAL FEE.—No student or 
parent shall be charged a fee for a documented 
interview of the student by the financial aid ad-
ministrator or for the review of a student or par-
ent’s request for adjustments under this section 
including the review of any supplementary infor-
mation or documentation of a student or par-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05026
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5027 
ent’s special circumstances or a student’s un-
usual circumstances. 
‘‘(C) RULE
OF
CONSTRUCTION.—The au-
thority to make adjustments under paragraph 
(1)(A) shall not be construed to permit financial 
aid administrators to deviate from the cost of at-
tendance, the values of data used to calculate the 
student aid index or the values of data used to 
calculate the Federal Pell Grant award (or both) 
for awarding aid under this title in the absence 
of special circumstances. 
‘‘(3) 
ADEQUATE
DOCUMENTATION.—Adequate 
documentation for adjustments under this section 
must substantiate the special circumstances or un-
usual circumstances of an individual student, and 
may include, to the extent relevant and appro-
priate— 
‘‘(A) a documented interview between the 
student and the financial aid administrator; 
‘‘(B) for the purposes of determining that a 
student qualifies for an adjustment under para-
graph (1)(B)— 
‘‘(i) submission of a court order or offi-
cial Federal or State documentation that 
the student or the student’s parents or legal 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05027
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5028 
guardians are incarcerated in any Federal 
or State penal institution; 
‘‘(ii) a documented phone call or a 
written statement, which confirms the spe-
cific unusual circumstances with— 
‘‘(I) a child welfare agency au-
thorized by a State or county; 
‘‘(II) a Tribal welfare authority 
or agency; 
‘‘(III) an independent living case 
worker, such as a case worker who sup-
ports current and former foster youth 
with the transition to adulthood; or 
‘‘(IV) a public or private agency, 
facility, or program servicing the vic-
tims of abuse, neglect, assault, or vio-
lence, which may include domestic vio-
lence; 
‘‘(iii) a documented phone call or a 
written statement from an attorney, a 
guardian ad litem, or a court-appointed 
special advocate, or a person serving in a 
similar capacity which confirms the specific 
unusual circumstances and documents the 
person’s relationship to the student; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05028
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5029 
‘‘(iv) a documented phone call or writ-
ten statement from a representative under 
chapter 1 or 2 of subpart 2 of part A, which 
confirms the specific unusual circumstances 
and documents the representative’s relation-
ship to the student; 
‘‘(v) documents, such as utility bills or 
health insurance documentation, that dem-
onstrate a separation from parents or legal 
guardians; and 
‘‘(vi) in the absence of documentation 
described in this subparagraph, other docu-
mentation the financial aid administrator 
determines is adequate to confirm the un-
usual circumstances, pursuant to section 
480(d)(9); and 
‘‘(C) supplementary information, as nec-
essary, about the financial status or personal cir-
cumstances of eligible applicants as it relates to 
the special circumstances or unusual cir-
cumstances based on which the applicant is re-
questing an adjustment. 
‘‘(4) SPECIAL
RULE.—In making adjustments 
under paragraph (1), a financial aid administrator 
may offer a dependent student financial assistance 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05029
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5030 
under a Federal Direct Unsubsidized Stafford Loan 
without requiring the parents of such student to pro-
vide their parent information on the Free Application 
for Federal Student Aid if the student does not qual-
ify for, or does not choose to use, the unusual cir-
cumstance option described in section 480(d)(9), and 
the financial aid administrator determines that the 
parents of such student ended financial support of 
such student or refuse to file such form. 
‘‘(5) PUBLIC DISCLOSURE.—Each institution of 
higher education shall make publicly available infor-
mation that students applying for aid under this title 
have the opportunity to pursue adjustments under 
this section. 
‘‘(b) ADJUSTMENTS FOR STUDENTS WITH SPECIAL 
CIRCUMSTANCES.— 
‘‘(1) SPECIAL
CIRCUMSTANCES
FOR
ADJUST-
MENTS
RELATED
TO
PELL
GRANTS.—Special cir-
cumstances for adjustments to calculate a Federal Pell 
Grant award— 
‘‘(A) shall be conditions that differentiate 
an individual student from a group of students 
rather than conditions that exist across a group 
of students; and 
‘‘(B) may include— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05030
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5031 
‘‘(i) recent unemployment of a family 
member or student; 
‘‘(ii) a student or family member who 
is a dislocated worker (as defined in section 
3 of the Workforce Innovation and Oppor-
tunity Act); 
‘‘(iii) a change in housing status that 
results in an individual being a homeless 
youth; 
‘‘(iv) an unusual amount of claimed 
losses against income on the Federal tax re-
turn that substantially lower adjusted gross 
income, such as business, investment, or 
real estate losses; 
‘‘(v) receipt of foreign income of per-
manent residents or United States citizens 
exempt from Federal taxation, or the for-
eign income for which a permanent resident 
or citizen received a foreign tax credit; 
‘‘(vi) in the case of an applicant who 
does not qualify for the exemption from 
asset reporting under section 479, assets as 
defined in section 480(f); or 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05031
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5032 
‘‘(vii) other changes or adjustments in 
the income, assets, or size of a family, or a 
student’s dependency status. 
‘‘(2) SPECIAL
CIRCUMSTANCES
FOR
ADJUST-
MENTS RELATED TO COST OF ATTENDANCE AND STU-
DENT AID INDEX.—Special circumstances for adjust-
ments to the cost of attendance or the values of the 
data used to calculate the student aid index— 
‘‘(A) shall be conditions that differentiate 
an individual student from a group of students 
rather than conditions that exist across a group 
of students, except as provided in sections 479B 
and 479C; and 
‘‘(B) may include— 
‘‘(i) tuition expenses at an elementary 
school or secondary school; 
‘‘(ii) medical, dental, or nursing home 
expenses not covered by insurance; 
‘‘(iii) child care or dependent care 
costs not covered by the dependent care cost 
allowance calculated in accordance with sec-
tion 472; 
‘‘(iv) recent unemployment of a family 
member or student; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05032
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5033 
‘‘(v) a student or family member who 
is a dislocated worker (as defined in section 
3 of the Workforce Innovation and Oppor-
tunity Act); 
‘‘(vi) the existence of additional family 
members enrolled in a degree, certificate, or 
other program leading to a recognized edu-
cational credential at an institution with a 
program participation agreement under sec-
tion 487; 
‘‘(vii) a change in housing status that 
results in an individual being a homeless 
youth; 
‘‘(viii) a condition of severe disability 
of the student, or in the case of a dependent 
student, the dependent student’s parent or 
guardian, or in the case of an independent 
student, the independent student’s depend-
ent or spouse; 
‘‘(ix) unusual amount of claimed losses 
against income on the Federal tax return 
that substantially lower adjusted gross in-
come, such as business, investment, or real 
estate losses; or 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05033
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5034 
‘‘(x) other changes or adjustments in 
the income, assets, or size of a family, or a 
student’s dependency status. 
‘‘(c) UNUSUAL CIRCUMSTANCES ADJUSTMENTS.— 
‘‘(1) IN GENERAL.—Unusual circumstances for 
adjustments to the dependency status of an applicant 
shall be— 
‘‘(A) conditions that differentiate an indi-
vidual student from a group of students; and 
‘‘(B) based on unusual circumstances, pur-
suant to section 480(d)(9). 
‘‘(2) PROVISIONAL INDEPENDENT STUDENTS.— 
‘‘(A) 
REQUIREMENTS
FOR
THE
SEC-
RETARY.—The Secretary shall— 
‘‘(i) enable each student who, based on 
an unusual circumstance described in sec-
tion 480(d)(9), may qualify for an adjust-
ment under subsection (a)(1)(B) that will 
result in a determination of independence 
under this section or section 479D to com-
plete the Free Application for Federal Stu-
dent Aid as an independent student for the 
purpose of a provisional determination of 
the student’s Federal financial aid award, 
with the final determination of the award 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05034
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5035 
subject to the documentation requirements of 
subsection (a)(3); 
‘‘(ii) upon completion of the Free Ap-
plication for Federal Student Aid provide 
an estimate of the student’s Federal Pell 
Grant award, and other information as 
specified in section 483(a)(3)(A), based on 
the assumption that the student is deter-
mined to be an independent student; and 
‘‘(iii) specify, on the Free Application 
for Federal Student Aid, the consequences 
under section 490(a) of knowingly and will-
fully completing the Free Application for 
Federal Student Aid as an independent stu-
dent under clause (i) without meeting the 
unusual circumstances to qualify for such a 
determination. 
‘‘(B) REQUIREMENTS
FOR
FINANCIAL
AID 
ADMINISTRATORS.—With respect to a student ac-
cepted for admission who completes the Free Ap-
plication for Federal Student Aid as an inde-
pendent student under subparagraph (A), a fi-
nancial aid administrator shall— 
‘‘(i) notify the student of the institu-
tional process, requirements, and timeline 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05035
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5036 
for an adjustment under this section and 
section 480(d)(9) that will result in a re-
view of the student’s request for an adjust-
ment and a determination of the student’s 
dependency status under such sections with-
in a reasonable time after the student com-
pletes the Free Application for Federal Stu-
dent Aid; 
‘‘(ii) provide the student a final deter-
mination of the student’s dependency status 
and Federal financial aid award as soon as 
practicable after all requested documenta-
tion is provided; 
‘‘(iii) retain all documents related to 
the adjustment under this section and sec-
tion 480(d)(9), including documented inter-
views, for at least the duration of the stu-
dent’s enrollment, and shall abide by all 
other record keeping requirements of this 
Act; and 
‘‘(iv) presume that any student who 
has obtained an adjustment under this sec-
tion and section 480(d)(9) and a final de-
termination of independence for any pre-
ceding award year at an institution of 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05036
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5037 
higher education to be independent for each 
subsequent award year at the same institu-
tion unless— 
‘‘(I) the student informs the insti-
tution 
that 
circumstances 
have 
changed; or 
‘‘(II) the institution has specific 
conflicting information about the stu-
dent’s independence. 
‘‘(C) ELIGIBILITY.—If a student pursues 
provisional independent student status and is 
not determined to be an independent student by 
a financial aid administrator, such student shall 
only be eligible for a Federal Direct Unsub-
sidized Stafford Loan for that award year unless 
such student subsequently completes the Free Ap-
plication for Federal Student Aid as a dependent 
student. 
‘‘(d) ADJUSTMENTS TO ASSETS OR INCOME TAKEN 
INTO ACCOUNT.—A financial aid administrator shall be 
considered to be making a necessary adjustment in accord-
ance with this section if— 
‘‘(1) the administrator makes adjustments ex-
cluding from family income or assets any proceeds or 
losses from a sale of farm or business assets of a fam-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05037
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5038 
ily if such sale results from a voluntary or involun-
tary foreclosure, forfeiture, or bankruptcy or a vol-
untary or involuntary liquidation; or 
‘‘(2) the administrator makes adjustments for a 
condition of disability of a student, or in the case of 
a dependent student, the dependent student’s parent 
or guardian, or in the case of an independent student, 
the independent student’s dependent or spouse, so as 
to take into consideration the additional costs in-
curred as a result of such disability. 
‘‘(e) REFUSAL OR ADJUSTMENT OF LOAN CERTIFI-
CATIONS.—On a case-by-case basis, an eligible institution 
may refuse to use the authority provided under this section, 
certify a statement that permits a student to receive a loan 
under part D, certify a loan amount, or make a loan that 
is less than the student’s determination of need (as deter-
mined under this part), if the reason for the action is docu-
mented and provided in writing to the student. No eligible 
institution shall discriminate against any borrower or ap-
plicant in obtaining a loan on the basis of race, ethnicity, 
national origin, religion, sex, marital status, age, or dis-
ability status. 
‘‘(f) SPECIAL RULE REGARDING PROFESSIONAL JUDG-
MENT DURING A DISASTER, EMERGENCY, OR ECONOMIC 
DOWNTURN.— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05038
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5039 
‘‘(1) IN GENERAL.—For the purposes of making 
a professional judgment under this section, financial 
aid administrators may, during a qualifying emer-
gency— 
‘‘(A) determine that the income earned from 
work for an applicant is zero, if the applicant 
can provide paper or electronic documentation of 
receipt of unemployment benefits or confirmation 
that an application for unemployment benefits 
was submitted; and 
‘‘(B) make additional appropriate adjust-
ments to the income earned from work for a stu-
dent, parent, or spouse, as applicable, based on 
the totality of the family’s situation, including 
consideration of unemployment benefits. 
‘‘(2) DOCUMENTATION.—For the purposes of doc-
umenting unemployment under paragraph (1), docu-
mentation shall be accepted if such documentation is 
submitted not more than 90 days from the date on 
which such documentation was issued, except if a fi-
nancial aid administrator knows that the student, 
parent, or spouse, as applicable, has already obtained 
other employment. 
‘‘(3) PROGRAM REVIEWS.—The Secretary shall 
make adjustments to the model used to select institu-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05039
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5040 
tions of higher education participating under this 
title for program reviews in order to account for any 
rise in the use of professional judgment under this 
section during the award years applicable to the 
qualifying emergency, as determined by the Secretary. 
‘‘(4) QUALIFYING
EMERGENCY.—In this sub-
section, the term ‘qualifying emergency’ means— 
‘‘(A) an event for which the President de-
clared a major disaster or an emergency under 
section 401 or 501, respectively, of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170 and 5191); 
‘‘(B) a national emergency related to the 
coronavirus declared by the President under sec-
tion 201 of the National Emergencies Act (50 
U.S.C. 1601 et seq.); or 
‘‘(C) a period of recession or economic 
downturn as determined by the Secretary, in 
consultation with the Secretary of Labor.’’. 
(j) DISREGARD OF STUDENT AID IN OTHER PRO-
GRAMS.—Section 479B of the Higher Education Act of 1965 
(20 U.S.C. 1087uu) is amended to read as follows: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05040
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5041 
‘‘SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PRO-
GRAMS. 
‘‘Notwithstanding any other provision of law, student 
financial assistance received under this title, Bureau of In-
dian Education student assistance programs, and employ-
ment and training programs under section 134 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 3174 et. 
seq.) shall not be taken into account in determining the need 
or eligibility of any person for benefits or assistance, or the 
amount of such benefits or assistance, under any Federal, 
State, or local program financed in whole or in part with 
Federal funds.’’. 
(k) NATIVE AMERICAN STUDENTS.—Section 479C of 
the Higher Education Act of 1965 (20 U.S.C. 1087uu–1) 
is amended to read as follows: 
‘‘SEC. 479C. NATIVE AMERICAN STUDENTS. 
‘‘(a) IN GENERAL.—In determining the student aid 
index for Native American students, computations per-
formed pursuant to this part shall exclude— 
‘‘(1) any income and assets of $2,000 or less per 
individual payment received by the student (and 
spouse) and student’s parents under Public Law 98– 
64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly 
known as the ‘Per Capita Act’) or the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 
1401 et seq.); and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05041
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5042 
‘‘(2) any income received by the student (and 
spouse) and student’s parents under the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 
or the Maine Indian Claims Settlement Act of 1980 
(25 U.S.C. 1721 et seq.). 
‘‘(b) GUIDANCE.—The Secretary shall develop guid-
ance, in consultation with Tribal Colleges and Universities 
(as defined in section 316) and the State higher education 
agency in Alaska and Maine, to implement the determina-
tion under subsection (a) without adding additional ques-
tions to the FAFSA, including through the use of the au-
thority under section 479A.’’. 
(l) SPECIAL RULES FOR INDEPENDENT STUDENTS.— 
Part F of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1087kk et seq.) is further amended— 
(1) by inserting after section 479C the following: 
‘‘SEC. 479D. SPECIAL RULES FOR INDEPENDENT STUDENTS. 
‘‘(a) DETERMINATION PROCESS FOR UNACCOMPANIED 
HOMELESS YOUTH.—In making a determination of inde-
pendence under section 480(d)(8), a financial aid adminis-
trator shall comply with the following: 
‘‘(1) Consider documentation of the student’s cir-
cumstance to be adequate in the absence of docu-
mented conflicting information, if such documenta-
tion is provided through a documented phone call, 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05042
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5043 
written statement, or verifiable electronic data match 
by— 
‘‘(A) a local educational agency homeless li-
aison, 
designated 
pursuant 
to 
section 
722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) or 
a designee of the liaison; 
‘‘(B) the director of an emergency or transi-
tional shelter, street outreach program, homeless 
youth drop-in center, or other program serving 
individuals who are experiencing homelessness, 
or a designee of the director; 
‘‘(C) the director of a project supported by 
a Federal TRIO program or a Gaining Early 
Awareness and Readiness for Undergraduate 
program grant under chapter 1 or 2 of subpart 
2 of part A, or a designee of the director; or 
‘‘(D) a financial aid administrator at an-
other institution who documented the student’s 
circumstance in a prior award year. 
‘‘(2) If a student is unable to provide docu-
mentation from any individual described in para-
graph (1), make a case-by-case determination, which 
shall be— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05043
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5044 
‘‘(A) based on a written statement from, or 
a documented interview with, the student that 
confirms that the student is an unaccompanied 
homeless youth, or unaccompanied, at risk of 
homelessness, and self-supporting; and 
‘‘(B) made without regard to the reasons 
that the student is an unaccompanied homeless 
youth, or unaccompanied, at risk of homeless-
ness, and self-supporting. 
‘‘(3) Consider a determination made under this 
subsection as distinct from a determination of inde-
pendence under section 480(d)(9). 
‘‘(b) DOCUMENTATION PROCESS FOR FOSTER CARE 
YOUTH.—If an institution requires that a student provide 
documentation that the student was in foster care when the 
student was age 13 or older, a financial aid administrator 
shall consider any of the following as adequate documenta-
tion, in the absence of documented conflicting information: 
‘‘(1) Submission of a court order or official State 
documentation that the student received Federal or 
State support in foster care. 
‘‘(2) A documented phone call, written statement, 
or verifiable electronic data match, which confirms 
the student was in foster care at an applicable age, 
from— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05044
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5045 
‘‘(A) a State, county, or tribal agency ad-
ministering a program under part B or E of 
title IV of the Social Security Act (42 U.S.C. 
621 et seq. and 670 et seq.); 
‘‘(B) a State Medicaid agency; or 
‘‘(C) a public or private foster care placing 
agency or foster care facility or placement. 
‘‘(3) A documented phone call or a written state-
ment from an attorney, a guardian ad litem, or a 
Court Appointed Special Advocate that confirms that 
the student was in foster care at an applicable age 
and documents the person’s relationship to the stu-
dent. 
‘‘(4) Verification of the student’s eligibility for 
an education and training voucher under the John H. 
Chafee Foster Care Program under section 477 of the 
Social Security Act (42 U.S.C. 677). 
‘‘(5) A documented phone call or written state-
ment from a financial aid administrator who docu-
mented the student’s circumstance in a prior award 
year. 
‘‘(c) TIMING.—A determination of independence under 
paragraph (2), (8), or (9) of section 480(d) for a student— 
‘‘(1) shall be made as quickly as practicable; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05045
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5046 
‘‘(2) may be made as early as the year before the 
award year for which the student initially submits an 
application; and 
‘‘(3) shall be made not later than 60 days after 
the date of the student’s enrollment during the award 
year for which the student initially submits an appli-
cation. 
‘‘(d) USE OF EARLIER DETERMINATIONS.— 
‘‘(1) EARLIER DETERMINATION BY THE INSTITU-
TION.—Any student who is determined to be inde-
pendent under paragraph (2), (8), or (9) of section 
480(d) for a preceding award year at an institution 
shall be presumed to be independent for each subse-
quent award year at the same institution unless— 
‘‘(A) the student informs the institution 
that circumstances have changed; or 
‘‘(B) the institution has specific conflicting 
information about the student’s independence 
and has informed the student of this informa-
tion. 
‘‘(2) EARLIER DETERMINATION BY ANOTHER IN-
STITUTION.—A financial aid administrator may 
make a determination of independence pursuant to 
section 479A(c), based upon a documented determina-
tion of independence that was previously made by an-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05046
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5047 
other financial aid administrator under such para-
graph in the same award year. 
‘‘(e) RETENTION OF DOCUMENTS.—A financial aid 
administrator shall retain all documents related to any de-
termination of independence, including documented inter-
views, for at least the duration of the student’s enrollment 
and an additional period prescribed by the Secretary to en-
able a student to utilize the documents for the purposes of 
subsection (a)(1)(D), (b)(5), or (d) of this section.’’; and 
(2) by amending section 480 to read as follows: 
‘‘SEC. 480. DEFINITIONS. 
‘‘In this part: 
‘‘(a) TOTAL INCOME.—The term ‘total income’ means 
the amount equal to adjusted gross income for the second 
preceding tax year plus untaxed income and benefits for 
the second preceding tax year minus excludable income for 
the second preceding tax year. The factors used to determine 
total income shall be derived from the Federal income tax 
return, if available, except for the applicant’s ability to in-
dicate a qualified rollover in the second preceding tax year 
as outlined in section 483 or foreign income described in 
subsection (b)(5). 
‘‘(b) UNTAXED INCOME AND BENEFITS.—The term 
‘untaxed income and benefits’ means— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05047
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5048 
‘‘(1) deductions and payments to self-employed 
SEP, SIMPLE, Keogh, and other qualified individual 
retirement accounts excluded from income for Federal 
tax purposes, except such term shall not include pay-
ments made to tax-deferred pension and retirement 
plans, paid directly or withheld from earnings, that 
are not delineated on the Federal tax return; 
‘‘(2) tax-exempt interest income; 
‘‘(3) untaxed portion of individual retirement 
account distributions; 
‘‘(4) untaxed portion of pensions; and 
‘‘(5) foreign income of permanent residents of the 
United States or United States citizens exempt from 
Federal taxation, or the foreign income for which such 
a permanent resident or citizen receives a foreign tax 
credit. 
‘‘(c) VETERANS AND VETERANS’ EDUCATION BENE-
FITS.—(1) The term ‘veteran’ has the meaning given the 
term in section 101(2) of title 38, United States Code, and 
includes individuals who served in the United States Armed 
Forces as described in sections 101(21), 101(22), and 
101(23) of title 38, United States Code. 
‘‘(2) The term ‘veterans’ education benefits’ means vet-
erans’ benefits under the following provisions of law: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05048
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5049 
‘‘(A) Chapter 103 of title 10, United States Code 
(Senior Reserve Officers’ Training Corps). 
‘‘(B) Chapter 106A of title 10, United States 
Code (Educational Assistance for Persons Enlisting 
for Active Duty). 
‘‘(C) Chapter 1606 of title 10, United States 
Code (Selected Reserve Educational Assistance Pro-
gram). 
‘‘(D) Chapter 1607 of title 10, United States 
Code (Educational Assistance Program for Reserve 
Component Members Supporting Contingency Oper-
ations and Certain Other Operations). 
‘‘(E) Chapter 30 of title 38, United States Code 
(All-Volunteer Force Educational Assistance Program, 
also known as the ‘Montgomery GI Bill—active 
duty’). 
‘‘(F) Chapter 31 of title 38, United States Code 
(Training and Rehabilitation for Veterans with Serv-
ice-Connected Disabilities). 
‘‘(G) Chapter 32 of title 38, United States Code 
(Post-Vietnam Era Veterans’ Educational Assistance 
Program). 
‘‘(H) Chapter 33 of title 38, United States Code 
(Post-9/11 Educational Assistance). 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05049
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5050 
‘‘(I) Chapter 35 of title 38, United States Code 
(Survivors’ and Dependents’ Educational Assistance 
Program). 
‘‘(J) Section 903 of the Department of Defense 
Authorization Act, 1981 (10 U.S.C. 2141 note) (Edu-
cational Assistance Pilot Program). 
‘‘(K) Section 156(b) of the ‘Joint Resolution 
making further continuing appropriations and pro-
viding for productive employment for the fiscal year 
1983, and for other purposes’ (42 U.S.C. 402 note) 
(Restored Entitlement Program for Survivors, also 
known as ‘Quayle benefits’). 
‘‘(L) The provisions of chapter 3 of title 37, 
United States Code, related to subsistence allowances 
for members of the Reserve Officers Training Corps. 
‘‘(d) INDEPENDENT
STUDENTS
AND
DETERMINA-
TIONS.—The term ‘independent’, when used with respect to 
a student, means any individual who— 
‘‘(1) is 24 years of age or older by December 31 
of the award year; 
‘‘(2) is, or was at any time when the individual 
was 13 years of age or older— 
‘‘(A) an orphan; 
‘‘(B) a ward of the court; or 
‘‘(C) in foster care; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05050
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5051 
‘‘(3) is, or was immediately prior to attaining 
the age of majority, an emancipated minor or in legal 
guardianship as determined by a court of competent 
jurisdiction in the individual’s State of legal resi-
dence; 
‘‘(4) is a veteran of the Armed Forces of the 
United States (as defined in subsection (c)) or is cur-
rently serving on active duty in the Armed Forces for 
other than training purposes; 
‘‘(5) is a graduate or professional student; 
‘‘(6) is married and not separated; 
‘‘(7) has legal dependents other than a spouse; 
‘‘(8) is an unaccompanied homeless youth or is 
unaccompanied, at risk of homelessness, and self-sup-
porting, without regard to such individual’s age; and 
‘‘(9) is a student for whom a financial aid ad-
ministrator makes a documented determination of 
independence by reason of other unusual cir-
cumstances pursuant to section 479A(c) in which the 
student is unable to contact a parent or where contact 
with parents poses a risk to such student, which in-
cludes circumstances of— 
‘‘(A) human trafficking, as described in the 
Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7101 et seq.); 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05051
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5052 
‘‘(B) legally granted refugee or asylum sta-
tus; 
‘‘(C) parental abandonment or estrange-
ment; or 
‘‘(D) student or parental incarceration. 
‘‘(e) EXCLUDABLE INCOME.—The term ‘excludable in-
come’ means— 
‘‘(1) an amount equal to the education credits 
described in paragraphs (1) and (2) of section 25A(a) 
of the Internal Revenue Code of 1986; 
‘‘(2) if an applicant elects to report it, college 
grant and scholarship aid included in gross income 
on a Federal tax return, including amounts attrib-
utable to grant and scholarship portions of fellowships 
and assistantships and any national service edu-
cational award or post-service benefit received by an 
individual under title I of the National and Commu-
nity Service Act of 1990 (42 U.S.C. 12511 et seq.), 
including awards, living allowances, and interest ac-
crual payments; and 
‘‘(3) income earned from work under part C of 
this title. 
‘‘(f) ASSETS.— 
‘‘(1) IN GENERAL.—The term ‘assets’ means the 
amount in checking and savings accounts, time depos-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05052
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5053 
its, money market funds, investments, trusts, stocks, 
bonds, derivatives, securities, mutual funds, tax shel-
ters, qualified education benefits (except as provided 
in paragraph (3)), the annual amount of child sup-
port received and the net value of real estate, vacation 
homes, income producing property, and business and 
farm assets, determined in accordance with section 
478(c). 
‘‘(2) EXCLUSIONS.—With respect to determina-
tions of need under this title, the term ‘assets’ shall 
not include the net value of the family’s principal 
place of residence. 
‘‘(3) CONSIDERATION OF QUALIFIED EDUCATION 
BENEFIT.—A qualified education benefit shall be con-
sidered an asset of— 
‘‘(A) the student if the student is an inde-
pendent student; or 
‘‘(B) the parent if the student is a depend-
ent student and the account is designated for the 
student, regardless of whether the owner of the 
account is the student or the parent. 
‘‘(4) DEFINITION OF QUALIFIED EDUCATION BEN-
EFIT.—In this subsection, the term ‘qualified edu-
cation benefit’ means— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05053
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5054 
‘‘(A) a qualified tuition program (as de-
fined in section 529(b)(1)(A) of the Internal Rev-
enue Code of 1986) or other prepaid tuition plan 
offered by a State; and 
‘‘(B) a Coverdell education savings account 
(as defined in section 530(b)(1) of the Internal 
Revenue Code of 1986). 
‘‘(g) NET VALUE.—The term ‘net value’ means the 
market value at the time of application of the assets (as 
defined in subsection (f)), minus the outstanding liabilities 
or indebtedness against the assets. 
‘‘(h) TREATMENT OF INCOME TAXES PAID TO OTHER 
JURISDICTIONS.— 
‘‘(1) The tax on income paid to the Governments 
of the Commonwealth of Puerto Rico, Guam, Amer-
ican Samoa, the Virgin Islands, or the Common-
wealth of the Northern Mariana Islands, the Republic 
of the Marshall Islands, the Federated States of Mi-
cronesia, or Palau under the laws applicable to those 
jurisdictions, or the comparable tax paid to the cen-
tral government of a foreign country, shall be treated 
as Federal income taxes. 
‘‘(2) References in this part to the Internal Rev-
enue Code of 1986, Federal income tax forms, and the 
Internal Revenue Service shall, for purposes of the tax 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05054
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5055 
described in paragraph (1), be treated as references to 
the corresponding laws, tax forms, and tax collection 
agencies of those jurisdictions, respectively, subject to 
such adjustments as the Secretary may provide by 
regulation. 
‘‘(i) OTHER FINANCIAL ASSISTANCE.— 
‘‘(1) For purposes of determining a student’s eli-
gibility for funds under this title, other financial as-
sistance not received under this title shall include all 
scholarships, grants, loans, or other assistance known 
to the institution at the time the determination of the 
student’s need is made, including national service 
educational awards or post-service benefits under title 
I of the National and Community Service Act of 1990 
(42 U.S.C. 12511 et seq.), but excluding veterans’ edu-
cation benefits. 
‘‘(2) Notwithstanding paragraph (1), a tax cred-
it taken under section 25A of the Internal Revenue 
Code of 1986, or a distribution that is not includable 
in gross income under section 529 of such Code, under 
another prepaid tuition plan offered by a State, or 
under a Coverdell education savings account under 
section 530 of such Code, shall not be treated as other 
financial assistance for purposes of section 471(a)(3). 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05055
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5056 
‘‘(3) Notwithstanding paragraph (1) and section 
472, assistance not received under this title may be 
excluded from both other financial assistance and cost 
of attendance, if that assistance is provided by a 
State and is designated by such State to offset a spe-
cific component of the cost of attendance. If that as-
sistance is excluded from either other financial assist-
ance or cost of attendance, it shall be excluded from 
both. 
‘‘(4) Notwithstanding paragraph (1), payments 
made and services provided under part E of title IV 
of the Social Security Act to or on behalf of any child 
or youth over whom the State agency has responsi-
bility for placement, care, or supervision, including 
the value of vouchers for education and training and 
amounts expended for room and board for youth who 
are not in foster care but are receiving services under 
section 477 of such Act, shall not be treated as other 
financial assistance for purposes of section 471(a)(3). 
‘‘(5) Notwithstanding paragraph (1), emergency 
financial assistance provided to the student for unex-
pected expenses that are a component of the student’s 
cost of attendance, and not otherwise considered when 
the determination of the student’s need is made, shall 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05056
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5057 
not be treated as other financial assistance for pur-
poses of section 471(a)(3). 
‘‘(j) DEPENDENTS.— 
‘‘(1) Except as otherwise provided, the term ‘de-
pendent of the parent’ means the student who is 
deemed to be a dependent student when applying for 
aid under this title, and any other person who lives 
with and receives more than one-half of their support 
from the parent (or parents) and will continue to re-
ceive more than half of their support from the parent 
(or parents) during the award year. 
‘‘(2) Except as otherwise provided, the term ‘de-
pendent of the student’ means the student’s dependent 
children and other persons (except the student’s 
spouse) who live with and receive more than one-half 
of their support from the student and will continue 
to receive more than half of their support from the 
student during the award year. 
‘‘(k) FAMILY SIZE.— 
‘‘(1) DEPENDENT STUDENT.—Except as provided 
in paragraph (3), in determining family size in the 
case of a dependent student— 
‘‘(A) if the parents are not divorced or sepa-
rated, family members include the student’s par-
ents, and any dependent (within the meaning of 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05057
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5058 
section 152 of the Internal Revenue Code of 1986 
or an eligible individual for purposes of the cred-
it under section 24 of the Internal Revenue Code 
of 1986) of the student’s parents for the taxable 
year used in determining the amount of need of 
the student for financial assistance under this 
title; 
‘‘(B) if the parents are divorced or sepa-
rated, family members include the parent whose 
income is included in computing available in-
come and any dependent (within the meaning of 
section 152 of the Internal Revenue Code of 1986 
or an eligible individual for purposes of the cred-
it under section 24 of the Internal Revenue Code 
of 1986) of that parent for the taxable year used 
in determining the amount of need of the student 
for financial assistance under this title; 
‘‘(C) if the parents are divorced and the 
parents whose income is so included are remar-
ried, or if the parent was a widow or widower 
who has remarried, family members also include, 
in addition to those individuals referred to in 
subparagraph (B), the new spouse and any de-
pendent (within the meaning of section 152 of 
the Internal Revenue Code of 1986 or an eligible 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05058
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5059 
individual for purposes of the credit under sec-
tion 24 of the Internal Revenue Code of 1986) of 
the new spouse for the taxable year used in deter-
mining the amount of need of the student for fi-
nancial assistance under this title, if that 
spouse’s income is included in determining the 
parent’s adjusted available income; and 
‘‘(D) if the student is not considered as a 
dependent (within the meaning of section 152 of 
the Internal Revenue Code of 1986 or an eligible 
individual for purposes of the credit under sec-
tion 24 of the Internal Revenue Code of 1986) of 
any parent, the parents’ family size shall include 
the student and the family members applicable 
to the parents’ situation under subparagraph 
(A), (B), or (C). 
‘‘(2) INDEPENDENT STUDENT.—Except as pro-
vided in paragraph (3), in determining family size in 
the case of an independent student— 
‘‘(A) family members include the student, 
the student’s spouse, and any dependent (within 
the meaning of section 152 of the Internal Rev-
enue Code of 1986 or an eligible individual for 
purposes of the credit under section 24 of the In-
ternal Revenue Code of 1986) of that student for 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05059
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5060 
the taxable year used in determining the amount 
of need of the student for financial assistance 
under this title; and 
‘‘(B) if the student is divorced or separated, 
family members do not include the spouse (or ex- 
spouse), but do include the student and any de-
pendent (within the meaning of section 152 of 
the Internal Revenue Code of 1986 or an eligible 
individual for purposes of the credit under sec-
tion 24 of the Internal Revenue Code of 1986) of 
that student for the taxable year used in deter-
mining the amount of need of the student for fi-
nancial assistance under this title. 
‘‘(3) PROCEDURES
AND
MODIFICATION.—The 
Secretary shall provide procedures for determining 
family size in cases in which information for the tax-
able year used in determining the amount of need of 
the student for financial assistance under this title 
has changed or does not accurately reflect the appli-
cant’s current household size, including when a di-
vorce settlement only allows a parent to file for the 
Earned Income Tax Credit available under section 32 
of the Internal Revenue Code of 1986. 
‘‘(l) BUSINESS ASSETS.—The term ‘business assets’ 
means property that is used in the operation of a trade 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05060
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5061 
or business, including real estate, inventories, buildings, 
machinery, and other equipment, patents, franchise rights, 
and copyrights. 
‘‘(m) HOMELESS YOUTH.—The term ‘homeless youth’ 
has the meaning given the term ‘homeless children and 
youths’ in section 725 of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11434a). 
‘‘(n) UNACCOMPANIED.—The terms ‘unaccompanied’, 
‘unaccompanied youth’, or ‘unaccompanied homeless youth’ 
have the meaning given the term ‘unaccompanied youth’ 
in section 725 of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a).’’. 
(m) FAFSA.— 
(1) IN
GENERAL.—Section 483 of the Higher 
Education Act of 1965 (20 U.S.C. 1090) is amended 
to read as follows: 
‘‘SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID. 
‘‘(a) SIMPLIFIED APPLICATION FOR FEDERAL STU-
DENT FINANCIAL AID.— 
‘‘(1) IN GENERAL.—Each individual seeking to 
apply for Federal financial aid under this title for 
award year 2023–2024 and any subsequent award 
year shall file a free application with the Secretary, 
known as the ‘Free Application for Federal Student 
Aid’, to determine eligibility for such aid, as de-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05061
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5062 
scribed in paragraph (2), and in accordance with sec-
tion 479. 
‘‘(2) FREE APPLICATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make available, for the purposes of paragraph 
(1), a free application to determine the eligi-
bility of a student for Federal financial aid 
under this title. 
‘‘(B) INFORMATION REQUIRED BY THE AP-
PLICANT.— 
‘‘(i) IN
GENERAL.—The applicant, 
and, if necessary, the parents or spouse of 
the applicant, shall provide the Secretary 
with the applicable information described 
in clause (ii) in order to be eligible for Fed-
eral financial aid under this title. 
‘‘(ii) 
INFORMATION
TO
BE
PRO-
VIDED.—The information described in this 
clause is the following: 
‘‘(I) Name. 
‘‘(II) Contact information, includ-
ing address, phone number, email ad-
dress, or other electronic address. 
‘‘(III) Social security number. 
‘‘(IV) Date of birth. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05062
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5063 
‘‘(V) Marital status. 
‘‘(VI) Citizenship status, includ-
ing alien registration number, if appli-
cable. 
‘‘(VII) Sex. 
‘‘(VIII) Race or ethnicity, using 
categories developed in consultation 
with the Bureau of the Census and the 
Director of the Institute of Education 
Sciences that, to the greatest extent 
practicable, separately capture the ra-
cial groups specified in the American 
Community Survey of the Bureau of 
the Census. 
‘‘(IX) State of legal residence and 
date of residency. 
‘‘(X) The following information 
on secondary school completion: 
‘‘(aa) Name and location of 
the high school from which the ap-
plicant received, or will receive 
prior to the period of enrollment 
for which aid is sought, a regular 
high school diploma; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05063
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5064 
‘‘(bb) name and location of 
the entity from which the appli-
cant received, or will receive prior 
to the period of enrollment for 
which aid is sought, a recognized 
equivalent of a regular high school 
diploma; or 
‘‘(cc) if the applicant com-
pleted or will complete prior to 
the period of enrollment for which 
aid is sought, a secondary school 
education in a home school setting 
that is treated as a home school or 
private school under State law. 
‘‘(XI) Name of each institution 
where the applicant intends to apply 
for enrollment or continue enrollment. 
‘‘(XII) Year in school for period of 
enrollment for which aid is sought, in-
cluding whether applicant will have 
finished first bachelor’s degree prior to 
the period of enrollment for which aid 
is sought. 
‘‘(XIII) Whether one or both of the 
applicant’s parents attended college. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05064
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5065 
‘‘(XIV) Any required asset infor-
mation, unless exempt under section 
479, in which the applicant shall indi-
cate— 
‘‘(aa) the annual amount of 
child support received, if applica-
ble; and 
‘‘(bb) all required asset infor-
mation not described in item (aa). 
‘‘(XV) The number of members of 
the applicant’s family who will also be 
enrolled in an eligible institution of 
higher education on at least a half- 
time basis during the same enrollment 
period as the applicant. 
‘‘(XVI) If the applicant meets any 
of the following designations: 
‘‘(aa) Is an unaccompanied 
homeless youth, or is unaccom-
panied, at risk of homelessness, 
and self-supporting. 
‘‘(bb) Is an emancipated 
minor. 
‘‘(cc) Is in legal guardian-
ship. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05065
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5066 
‘‘(dd) Has been a dependent 
ward of the court at any time 
since the applicant turned 13. 
‘‘(ee) Has been in foster care 
at any time since the applicant 
turned 13. 
‘‘(ff) Both parents have died 
since the applicant turned 13. 
‘‘(gg) Is a veteran of the 
Armed Forces of the United States 
or is serving (on the date of the 
application) on active duty in the 
Armed Forces for other than 
training purposes. 
‘‘(hh) Is under the age of 24 
and has a dependent child or rel-
ative. 
‘‘(ii) Does not have access to 
parental information due to an 
unusual circumstance described in 
section 480(d)(9). 
‘‘(XVII) If the applicant receives 
or has received any of the following 
means-tested Federal benefits within 
the last two years: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05066
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5067 
‘‘(aa) The supplemental secu-
rity income program under title 
XVI of the Social Security Act (42 
U.S.C. 1381 et seq.). 
‘‘(bb) The supplemental nu-
trition assistance program under 
the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), a 
nutrition assistance program car-
ried out under section 19 of such 
Act (7 U.S.C. 2028), or a supple-
mental nutrition assistance pro-
gram carried out under section 
3(c) of the Act entitled ‘An Act to 
authorize appropriations for cer-
tain insular areas of the United 
States, and for other purposes’ 
(Public Law 95–348). 
‘‘(cc) The free and reduced 
price school lunch program estab-
lished under the Richard B. Rus-
sell National School Lunch Act 
(42 U.S.C. 1751 et seq.). 
‘‘(dd) The program of block 
grants for States for temporary 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05067
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5068 
assistance for needy families es-
tablished under part A of title IV 
of the Social Security Act (42 
U.S.C. 601 et seq.). 
‘‘(ee) The special supple-
mental nutrition program for 
women, infants, and children es-
tablished by section 17 of the 
Child Nutrition Act of 1966 (42 
U.S.C. 1786). 
‘‘(ff) The Medicaid program 
under title XIX of the Social Se-
curity Act (42 U.S.C. 1396 et 
seq.). 
‘‘(gg) Federal housing assist-
ance programs, including tenant- 
based assistance under section 
8(o) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(o)), 
and public housing, as defined in 
section 3(b)(1) of such Act (42 
U.S.C. 1437a(b)(1)). 
‘‘(hh) Refundable credit for 
coverage under a qualified health 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05068
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5069 
plan under section 36B of the In-
ternal Revenue Code of 1986. 
‘‘(ii) The Earned Income 
Tax Credit under section 32 of the 
Internal Revenue Code of 1986. 
‘‘(jj) Any other means-tested 
program determined by the Sec-
retary to be appropriate. 
‘‘(XVIII) If the applicant, or, if 
necessary, the parents or spouse of the 
applicant, reported receiving tax ex-
empt payments from an individual re-
tirement plan (as defined in section 
7701 of the Internal Revenue Code of 
1986) distribution or from pensions or 
annuities on a Federal tax return, in-
formation as to how much of the indi-
vidual retirement plan distribution or 
pension or annuity disbursement was 
a qualified rollover. 
‘‘(XIX) If the applicant, or, if 
necessary, the parents or spouse of the 
applicant, reported receiving foreign 
income that is exempt from Federal 
taxation or for which a permanent 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05069
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5070 
resident of the United States or United 
States citizen receives a foreign tax 
credit, 
information 
regarding 
the 
amount of such foreign income. 
‘‘(XX) If the applicant, or, if ap-
plicable, the parents or spouse of the 
applicant, elects to report receiving col-
lege grant and scholarship aid included 
in gross income on a Federal tax re-
turn described in section 480(e)(2), in-
formation regarding the amount of 
such aid 
‘‘(iii) PROHIBITION AGAINST REQUEST-
ING INFORMATION MORE THAN ONCE.—Any 
information requested during the process of 
creating an account for completing the free 
application under this subsection, shall, to 
the fullest extent possible, not be required a 
second time for the same award year, or in 
a duplicative manner, when completing 
such free application except in the case of 
an unusual situation, such as a temporary 
inability to access an account for com-
pleting such free application. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05070
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5071 
‘‘(iv) CHANGE IN FAMILY SIZE.—The 
Secretary shall provide a process by which 
an applicant shall confirm the accuracy of 
family size or update the family size with 
respect to such applicant for purposes of de-
termining the need of such applicant for fi-
nancial assistance under this title based on 
a change in family size from the tax year 
data used for such determination. 
‘‘(v) SINGLE QUESTION FOR HOMELESS 
STATUS.—The Secretary shall ensure that— 
‘‘(I) on the form developed under 
this section for which the information 
is applicable, there is a single, easily 
understood screening question to iden-
tify an applicant who is an unaccom-
panied homeless youth or is unaccom-
panied, at risk of homelessness, and 
self-supporting; and 
‘‘(II) such question is distinct 
from those relating to an individual 
who does not have access to parental 
income 
due 
to 
an 
unusual 
cir-
cumstance. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05071
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5072 
‘‘(vi) ADJUSTMENTS.—The Secretary 
shall disclose on the FAFSA that the stu-
dent may, on a case-by-case basis, qualify 
for an adjustment under section 479A to the 
cost of attendance or the values of the data 
items required to calculate the student’s eli-
gibility for a Federal Pell Grant or the stu-
dent aid index for the student or parent. 
‘‘(C) NOTIFICATION AND APPROVAL OF RE-
QUEST
FOR
TAX
RETURN
INFORMATION.—The 
Secretary shall notify students and borrowers 
who wish to submit an application for Federal 
student financial aid under this title (as well as 
parents and spouses who must sign such an ap-
plication or request or a Master Promissory Note 
on behalf of those students and borrowers) of the 
authority of the Secretary to require that such 
persons affirmatively approve that the Internal 
Revenue Service disclose their tax return infor-
mation as described in section 494. 
‘‘(D) AUTHORIZATIONS AVAILABLE TO THE 
APPLICANT.— 
‘‘(i) AUTHORIZATION
TO
DISCLOSE 
FAFSA
INFORMATION, 
INCLUDING
A
RE-
DISCLOSURE OF TAX RETURN INFORMATION, 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05072
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5073 
TO INSTITUTION, STATE HIGHER EDUCATION 
AGENCY, AND
DESIGNATED
SCHOLARSHIP 
ORGANIZATIONS.—An applicant and, if nec-
essary, the parents or spouse of the appli-
cant shall provide the Secretary with au-
thorization to disclose to an institution, 
State higher education agency, and scholar-
ship organizations (designated (prior to the 
date of enactment of the FUTURE Act 
(Public Law 116–91)) by the Secretary 
under section 483(a)(3)(E)) as in effect on 
such date of enactment, as specified by the 
applicant and in accordance with section 
494, in order for the applicant’s eligibility 
for Federal financial aid programs, State 
financial aid programs, institutional finan-
cial aid programs, and scholarship pro-
grams at scholarship organizations (des-
ignated (prior to the date of enactment of 
the FUTURE Act (Public Law 116–91)) by 
the Secretary under section 483(a)(3)(E)) 
as in effect on such date of enactment, to be 
determined, the following: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05073
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5074 
‘‘(I) Information described under 
section 6103(l)(13) of the Internal Rev-
enue Code of 1986. 
‘‘(II) All information provided by 
the applicant on the application de-
scribed by this subsection to determine 
the applicant’s eligibility for Federal 
financial aid under this title and for 
the application, award, and adminis-
tration of such Federal financial aid, 
except the name of an institution to 
which an applicant selects to redisclose 
information shall not be disclosed to 
any other institution. 
‘‘(ii) AUTHORIZATION TO DISCLOSE TO 
BENEFITS PROGRAMS.—An applicant and, 
if necessary, the parents or spouse of the ap-
plicant may provide the Secretary with au-
thorization to disclose to applicable agencies 
that handle applications for means-tested 
Federal benefit programs, as defined in sec-
tion 479(b)(4)(H), all information provided 
by the applicant on the application de-
scribed by this subsection as well as such 
applicant’s student aid index and scheduled 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05074
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5075 
Federal Pell Grant award to assist in iden-
tification, outreach and application efforts 
for the application, award, and administra-
tion of such means-tested Federal benefits 
programs, except such information shall not 
include Federal tax information as specified 
in section 6103(l)(13)(C) of the Internal 
Revenue Code of 1986. 
‘‘(E) ACTION BY THE SECRETARY.—Upon 
receiving— 
‘‘(i) an application under this section, 
the Secretary shall, as soon as practicable, 
perform the necessary functions with the 
Commissioner of Internal Revenue to cal-
culate the applicant’s student aid index and 
scheduled award for a Federal Pell Grant, 
if applicable, assuming full-time enrollment 
for an academic year, and note to the ap-
plicant the assumptions relationship to the 
scheduled award; and 
‘‘(ii) an authorization under subpara-
graph (D), the Secretary shall, as soon as 
practicable, disclose the information de-
scribed under such subparagraph, as speci-
fied by the applicant, in order for the appli-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05075
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5076 
cant’s eligibility for Federal, State, or insti-
tutional student financial aid programs or 
means-tested Federal benefit programs to be 
estimated or determined. 
‘‘(F) WORK STUDY WAGES.—With respect to 
an applicant who has received income earned 
from work under part C of this title, the Sec-
retary shall take the steps necessary to collect in-
formation on the amount of such income for the 
purposes of calculating such applicant’s student 
aid index and scheduled award for a Federal 
Pell Grant, if applicable, without adding addi-
tional questions to the FAFSA, including by col-
lecting such information from institutions of 
higher education participating in work-study 
programs under part C of this title. 
‘‘(3) INFORMATION
TO
BE
SUPPLIED
BY
THE 
SECRETARY OF EDUCATION.— 
‘‘(A) IN
GENERAL.—Upon receiving and 
timely processing a free application that con-
tains the information described in paragraph 
(2), the Secretary shall provide to the applicant 
the following information based on full-time at-
tendance for an academic year: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05076
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5077 
‘‘(i) The estimated dollar amount of a 
Federal Pell Grant scheduled award for 
which the applicant is eligible for such 
award year. 
‘‘(ii) Information on other types of 
Federal financial aid for which the appli-
cant may be eligible (including situations 
in which the applicant could qualify for 
150 percent of a scheduled Federal Pell 
Grant award and loans made under this 
title) and how the applicant can find addi-
tional information regarding such aid. 
‘‘(iii) Consumer-tested information re-
garding each institution selected by the ap-
plicant in accordance with paragraph 
(2)(B)(ii)(XI), which may include the fol-
lowing: 
‘‘(I) The following information, as 
collected through the Integrated Post-
secondary Education Data System or 
a successor Federal data system as des-
ignated by the Secretary: 
‘‘(aa) Net price by the in-
come 
categories, 
as 
described 
under 
section 
132(i)(6), 
and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05077
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5078 
disaggregated by undergraduate 
and graduate programs, as appli-
cable. 
‘‘(bb) Graduation rate. 
‘‘(cc) Retention rate. 
‘‘(dd) Transfer rate, if avail-
able. 
‘‘(II) Median debt of students 
upon completion. 
‘‘(III) Institutional default rate, 
as calculated under section 435. 
‘‘(iv) If the student is eligible for a stu-
dent aid index of less than or equal to zero 
under section 473, a notification of the Fed-
eral means-tested benefits that they have not 
already indicated they receive, but for 
which they may be eligible, and relevant 
links and information on how to apply for 
such benefits. 
‘‘(v) Information on education tax ben-
efits described in paragraphs (1) and (2) of 
section 25A(a) of the Internal Revenue Code 
of 1986 or other applicable education tax 
benefits determined in consultation with the 
Secretary of the Treasury. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05078
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5079 
‘‘(vi) If the individual identified as a 
veteran, or as serving (on the date of the 
application) on active duty in the Armed 
Forces for other than training purposes, in-
formation on benefits administered by the 
Department of Veteran Affairs or Depart-
ment of Defense, respectively. 
‘‘(vii) If applicable, the applicant’s 
current outstanding balance of loans under 
this title. 
‘‘(B) INFORMATION
PROVIDED
TO
THE 
STATE.— 
‘‘(i) IN GENERAL.—The Secretary shall 
redisclose, with authorization from the ap-
plicant in accordance with paragraph 
(2)(D)(i), to a State higher education agen-
cy administering State-based financial aid 
and serving the applicant’s State of resi-
dence, the information described under sec-
tion 6103(l)(13) of the Internal Revenue 
Code of 1986 and information described in 
paragraph (2)(B) for the application, 
award, and administration of grants and 
other student financial aid provided di-
rectly from the State to be determined by 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05079
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5080 
such State. Such information shall include 
the list of institutions provided by the ap-
plicant on the application. 
‘‘(ii) USE OF INFORMATION.—A State 
agency administering State-based financial 
aid— 
‘‘(I) shall use the information pro-
vided under clause (i) solely for the ap-
plication, award, and administration 
of State-based financial aid for which 
the applicant is eligible; 
‘‘(II) may use the information, ex-
cept for the information described 
under section 6103(l)(13) of the Inter-
nal Revenue Code of 1986, for State 
agency research that does not release 
any individually identifiable informa-
tion on any applicant to promote col-
lege attendance, persistence, and com-
pletion; 
‘‘(III) may use identifying infor-
mation provided by student applicants 
on the FAFSA to determine whether or 
not a graduating secondary student 
has filed the application in coordina-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05080
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5081 
tion with local educational agencies or 
secondary schools to encourage students 
to complete the application; and 
‘‘(IV) may share the application 
information, excluding the information 
described under section 6103(l)(13) of 
the Internal Revenue Code of 1986, 
with any other entity, only if such ap-
plicant provides explicit written con-
sent of the applicant, except as pro-
vided in subclause (III). 
‘‘(iii) LIMITATION ON CONSENT PROC-
ESS.—A State may provide a consent proc-
ess whereby an applicant may elect to share 
the information described in clause (i), ex-
cept for the information described in section 
6103(l)(13) of the Internal Revenue Code of 
1986, through explicit written consent to 
Federal, State, or local government agencies 
or tribal organizations to assist such appli-
cant in applying for and receiving Federal, 
State, or local government assistance, or 
tribal assistance for any component of the 
applicant’s cost of attendance that may in-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05081
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5082 
clude financial assistance or non-monetary 
assistance. 
‘‘(iv) PROHIBITION.—Any entity that 
receives applicant information under clause 
(iii) shall not sell, share, or otherwise use 
applicant information other than for the 
purposes outlined in clause (iii). 
‘‘(C) USE OF INFORMATION PROVIDED TO 
THE INSTITUTION.—An institution— 
‘‘(i) shall use the information provided 
to it solely for the application, award, and 
administration of financial aid to the ap-
plicant; 
‘‘(ii) may use the information pro-
vided, excluding the information described 
under section 6013(l)(13) of the Internal 
Revenue Code of 1986, for research that does 
not release any individually identifiable in-
formation on any applicant, to promote col-
lege attendance, persistence, and completion; 
and 
‘‘(iii) shall not share such educational 
record information with any other entity 
without the explicit written consent of the 
applicant. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05082
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5083 
‘‘(D) PROHIBITION.—Any entity that re-
ceives applicant information under subpara-
graph (C)(iii) shall not sell, share, or otherwise 
use applicant information other than for the 
purposes outlined in subparagraph (C). 
‘‘(E) FAFSA INFORMATION THAT INCLUDES 
TAX
RETURN
INFORMATION.—An applicant’s 
FAFSA information that includes return or re-
turn 
information 
as 
described 
in 
section 
6103(l)(13) of the Internal Revenue Code of 1986 
may be disclosed or redisclosed (which shall in-
clude obtaining, sharing, or discussing such in-
formation) only in accordance with the proce-
dures described in section 494. 
‘‘(4) DEVELOPMENT OF FORM AND INFORMATION 
EXCHANGE.—Prior to the design of the free applica-
tion under this subsection, the Secretary shall, to the 
maximum extent practicable, on an annual basis— 
‘‘(A) consult with stakeholders to gather in-
formation about innovations and technology 
available to— 
‘‘(i) ensure an efficient and effective 
process; 
‘‘(ii) mitigate unintended consequences; 
and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05083
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5084 
‘‘(iii) determine the best practices for 
outreach to students and families during the 
transition to the streamlined process for the 
determination of Federal financial aid and 
Federal Pell Grant eligibility while reduc-
ing the data burden on applicants and fam-
ilies; and 
‘‘(B) solicit public comments for the format 
of the free application that provides for adequate 
time to incorporate feedback prior to develop-
ment of the application for the succeeding award 
year. 
‘‘(5) NO
ADDITIONAL
INFORMATION
REQUESTS 
PERMITTED.—In carrying out this subsection, the 
Secretary may not require additional information to 
be submitted by an applicant (or the parents or 
spouse of an applicant) for Federal financial aid 
through other requirements or reporting, except as re-
quired under a process or procedure exercised in ac-
cordance with the authority under section 479A. 
‘‘(6) STATE-RUN PROGRAMS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct outreach to States in order to research 
the benefits to students of States relying solely on 
the student aid index, scheduled Pell Grant 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05084
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5085 
Award, or the financial data made available, 
upon authorization by the applicant, as a result 
of an application for aid under this subsection 
for determining the eligibility of the applicant 
for State provided financial aid. 
‘‘(B) SECRETARIAL REVIEW.—If a State de-
termines that there is a need for additional data 
elements beyond those provided pursuant to this 
subsection for determining the eligibility of an 
applicant for State provided financial aid, the 
State shall forward a list of those additional 
data elements determined necessary, but not pro-
vided by virtue of the application under this sub-
section, to the Secretary. The Secretary shall 
make readily available to the public through the 
Department’s websites and other means— 
‘‘(i) a list of States that do not require 
additional financial information separate 
from the Free Application for Federal Stu-
dent Aid and do not require asset informa-
tion from students who qualify for the ex-
emption from asset reporting under section 
479 for the purposes of awarding State 
scholarships and grant aid; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05085
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5086 
‘‘(ii) a list of States that require asset 
information from students who qualify for 
the exemption from asset reporting under 
section 479 for the purposes of awarding 
State scholarships and grant aid; 
‘‘(iii) a list of States that have indi-
cated that they require additional financial 
information separate from the Free Appli-
cation for Federal Student Aid for purposes 
of awarding State scholarships and grant 
aid; and 
‘‘(iv) with the publication of the lists 
under this subparagraph, information about 
additional resources available to applicants, 
including links to such State websites. 
‘‘(7) INSTITUTION-RUN FINANCIAL AID.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct outreach to institutions of higher edu-
cation to describe the benefits to students of rely-
ing solely on the student aid index, scheduled 
Pell Grant Award, or the financial data made 
available, upon authorization for release by the 
applicant, as a result of an application for aid 
under this subsection for determining the eligi-
bility of the applicant for institutional financial 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05086
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5087 
aid. The Secretary shall make readily available 
to the public through its websites and other 
means— 
‘‘(i) a list of institutions that do not 
require additional financial information 
separate from the Free Application for Fed-
eral Student Aid and do not require asset 
information from students who qualify for 
the exemption from asset reporting under 
section 479 for the purpose of awarding in-
stitution-run financial aid; 
‘‘(ii) a list of institutions that require 
asset information from students who qualify 
for the exemption from asset reporting 
under section 479 for the purpose of award-
ing institution-run financial aid; 
‘‘(iii) a list of institutions that require 
additional financial information separate 
from the Free Application for Federal Stu-
dent Aid for the purpose of awarding insti-
tution-run financial aid; and 
‘‘(iv) with the publication of the list in 
clause (iii), information about additional 
resources available to applicants. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05087
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5088 
‘‘(8) SECURITY OF DATA.—The Secretary shall, 
in consultation with the Secretary of the Treasury— 
‘‘(A) take all necessary steps to safeguard 
the data required to be transmitted for the pur-
pose of this section between Federal agencies and 
to States and institutions of higher education 
and secure the transmittal of such data; 
‘‘(B) provide guidance to States and insti-
tutions of higher education regarding their obli-
gation to ensure the security of the data provided 
under this section and section 6103 of the Inter-
nal Revenue Code of 1986; and 
‘‘(C) provide guidance on the implementa-
tion of section 6103 of the Internal Revenue Code 
of 1986, including how it intersects with the pro-
visions of section 444 of the General Education 
Provisions Act (commonly known as the ‘Family 
Educational Rights and Privacy Act of 1974’), 
and any additional consent processes that may 
be available to applicants in accordance with the 
Internal Revenue Code of 1986 regarding shar-
ing of Federal tax information. 
‘‘(9) REPORT TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the FAFSA Sim-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05088
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5089 
plification Act, the Secretary shall report to the 
authorizing committees on the progress of the 
Secretary in carrying out this subsection, includ-
ing planning and stakeholder consultation. Such 
report shall include— 
‘‘(i) benchmarks for implementation; 
‘‘(ii) entities and organizations that 
the Secretary consulted; 
‘‘(iii) system requirements for such im-
plementation and how they will be ad-
dressed; 
‘‘(iv) any areas of concern and poten-
tial problem issues uncovered that may 
hamper such implementation; and 
‘‘(v) solutions determined to address 
such issues. 
‘‘(B) UPDATES.—The Secretary shall pro-
vide updates to the authorizing committees— 
‘‘(i) as to the progress and planning 
described in subparagraph (A) prior to im-
plementation of the revisions to the Free 
Application for Federal Student Aid under 
this subsection not less often than quarterly; 
and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05089
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5090 
‘‘(ii) at least 6 months and 1 year 
after implementation of the revisions to the 
Free Application for Federal Student Aid. 
‘‘(b) ADJUSTMENTS AND IMPROVEMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall disclose 
in a consumer-tested format, upon completion of the 
Free Application for Federal Student Aid under this 
section, that the student may, on a case-by-case basis, 
qualify for an adjustment under section 479A to the 
cost of attendance or the values of the data items re-
quired to calculate the Federal Pell Grant or the need 
analysis for the student or parent. Such disclosure 
shall specify— 
‘‘(A) examples of the special circumstances 
under which a student or family member may 
qualify for such adjustment or determination of 
independence; and 
‘‘(B) additional information regarding the 
steps a student or family member may take in 
order to seek an adjustment under section 479A. 
‘‘(2) CONSUMER TESTING.— 
‘‘(A) IN
GENERAL.—Not later than 9 
months after the date of enactment of the FAFSA 
Simplification Act, the Secretary shall begin 
consumer testing the design of the Free Applica-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05090
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5091 
tion for Federal Student Aid under this section 
with prospective first-generation college students, 
representatives of students (including low-income 
students, English learners, first-generation col-
lege 
students, 
adult 
students, 
veterans, 
servicemembers, and prospective students), stu-
dents’ families (including low-income families, 
families with English learners, families with 
first-generation college students, and families 
with prospective students), institutions of higher 
education, secondary school and postsecondary 
counselors, and nonprofit consumer groups. 
‘‘(B) UPDATES.—For award year 2023– 
2024 and at least each fourth succeeding award 
year thereafter, the Secretary shall update the 
design of the Free Application for Federal Stu-
dent Aid based on additional consumer testing 
with the populations described in subparagraph 
(A) in order to improve the usability and acces-
sibility of the application. 
‘‘(3) ACCESSIBILITY OF THE FAFSA.—The Sec-
retary shall— 
‘‘(A) in conjunction with the Bureau of the 
Census, determine the most common languages 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05091
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5092 
spoken by English learner students and their 
parents in the United States; 
‘‘(B) develop and make publicly available 
versions of the Free Application for Federal Stu-
dent Aid form in not fewer than 11 of the most 
common languages determined under subpara-
graph (A) and make such versions available and 
accessible to applicants in paper and electronic 
formats; and 
‘‘(C) ensure that the Free Application for 
Federal Student Aid is available in formats ac-
cessible to individuals with disabilities and com-
pliant with the most recent Web Content Accessi-
bility Guidelines, or successor guidelines. 
‘‘(4) REAPPLICATION
IN
A
SUCCEEDING
ACA-
DEMIC YEAR.—In order to streamline an applicant’s 
experience in applying for financial aid, the Sec-
retary shall allow an applicant who electronically ap-
plies for financial assistance under this title for an 
academic year subsequent to an academic year for 
which such applicant applied for financial assistance 
under this title to automatically electronically import 
all of the applicant’s (including parents’, guardians’, 
or spouses’, as applicable) identifying, demographic, 
and school data from the previous application and to 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05092
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5093 
update such information to reflect any circumstances 
that have changed. 
‘‘(5) TECHNOLOGY
ACCESSIBILITY.—The Sec-
retary shall make the application under this section 
available through prevalent technology. Such tech-
nology shall, at a minimum, enable applicants to— 
‘‘(A) save data; and 
‘‘(B) submit the application under this title 
to the Secretary through such technology. 
‘‘(6) VERIFICATION
BURDEN.—The Secretary 
shall— 
‘‘(A) to the maximum extent practicable, 
streamline 
and 
simplify 
the 
process 
of 
verification for applicants for Federal financial 
aid; 
‘‘(B) in establishing policies and procedures 
to verify applicants’ eligibility for Federal finan-
cial aid, consider— 
‘‘(i) the burden placed on low-income 
applicants; 
‘‘(ii) the risk to low-income applicants 
of failing to complete the application, enroll 
in college, or complete a postsecondary cre-
dential as a result of being selected for 
verification; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05093
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5094 
‘‘(iii) the effectiveness of the policies 
and procedures in preventing overpayments; 
and 
‘‘(iv) the reasons for the source of any 
improper payments; and 
‘‘(C) issue a public report not less often 
than annually that includes the number and per-
centage of applicants subject to verification, 
whether the applicants ultimately received Fed-
eral financial aid disbursements, the extent to 
which the student aid index changed for such ap-
plicants as a result of verification, and the ex-
tent to which such applicants’ eligibility for Fed-
eral financial aid under this title changed. 
‘‘(7) STUDIES.—The Secretary shall periodically 
conduct studies on— 
‘‘(A) whether the Free Application for Fed-
eral Student Aid is a barrier to college enroll-
ment by examining— 
‘‘(i) the effect of States requiring addi-
tional information specified in clauses (ii) 
and (iii) of subsection (a)(6)(B) on the de-
termination of State financial aid awards, 
including— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05094
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5095 
‘‘(I) how much financial aid 
awards would change if the additional 
information were not required; and 
‘‘(II) the number of students who 
started but did not finish the Free Ap-
plication for Federal Student Aid, 
compared to the baseline year of 2021; 
and 
‘‘(ii) the number of students who— 
‘‘(I) started a Free Application 
for Federal Student Aid but did not re-
ceive financial assistance under this 
title for the applicable academic year; 
and 
‘‘(II) if available, did not enroll 
in an institution of higher education 
in the applicable academic year; 
‘‘(B) the most common barriers faced by ap-
plicants in completing the Free Application for 
Federal Student Aid; and 
‘‘(C) the most common reasons that students 
and families do not fill out the Free Applications 
for Federal Student Aid. 
‘‘(c) DATA AND INFORMATION.— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05095
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5096 
‘‘(1) IN GENERAL.—The Secretary shall publish 
data in a publicly accessible manner— 
‘‘(A) annually on the total number of Free 
Applications for Federal Student Aid submitted 
by application cycle, disaggregated by demo-
graphic characteristics, type of institution or in-
stitutions of higher education to which the appli-
cant applied, the applicant’s State of legal resi-
dence, and high school and public school district; 
‘‘(B) quarterly on the total number of Free 
Applications for Federal Student Aid submitted 
by application cycle, disaggregated by type of in-
stitution or institutions of higher education to 
which the applicant applied, the applicant’s 
State of legal residence, and high school and 
public school district; 
‘‘(C) weekly on the total number of Free Ap-
plications for Federal Student Aid submitted, 
disaggregated by high school and public school 
district; and 
‘‘(D) annually on the number of individuals 
who apply for federal financial aid pursuant to 
this section who indicated that they are— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05096
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5097 
‘‘(i) an unaccompanied homeless youth 
or unaccompanied, at risk of homelessness, 
and self-supporting; or 
‘‘(ii) a foster care youth. 
‘‘(2) CONTENTS.—The data described in para-
graph (1)(D) with respect to homeless youth shall in-
clude, at a minimum, for each application cycle— 
‘‘(A) the total number of all applicants who 
were determined to be individuals described in 
section 480(d)(8); and 
‘‘(B) the number of applicants described in 
subparagraph (A), disaggregated— 
‘‘(i) by State; and 
‘‘(ii) by the sources of determination as 
described in section 479D(b). 
‘‘(3) DATA SHARING.—The Secretary may enter 
into data sharing agreements with the appropriate 
Federal or State agencies to conduct outreach regard-
ing, and connect applicants directly with, the means- 
tested Federal benefit programs described in sub-
section (a)(2)(B)(ii)(XVII) for which the applicants 
may be eligible. 
‘‘(d) ENSURING FORM USABILITY.— 
‘‘(1) SIGNATURE.—Notwithstanding any other 
provision of this title, the Secretary may permit the 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05097
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5098 
Free Application for Federal Student Aid to be sub-
mitted without a signature, if a signature is subse-
quently submitted by the applicant, or if the appli-
cant uses an access device provided by the Secretary. 
‘‘(2) FREE
PREPARATION
AUTHORIZED.—Not-
withstanding any other provision of this title, an ap-
plicant may use a preparer for consultative or prepa-
ration services for the completion of the Free Applica-
tion for Federal Student Aid without charging a fee 
to the applicant if the preparer— 
‘‘(A) includes, at the time the application is 
submitted to the Department, the name, address 
or employer’s address, social security number or 
employer identification number, and organiza-
tional affiliation of the preparer on the appli-
cant’s form; 
‘‘(B) is subject to the same penalties as an 
applicant for purposely giving false or mis-
leading information in the application; 
‘‘(C) clearly informs each individual upon 
initial contact, that the Free Application for 
Federal Student Aid is a free form that may be 
completed without professional assistance; and 
‘‘(D) does not produce, use, or disseminate 
any other form for the purpose of applying for 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05098
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5099 
Federal financial aid other than the Free Appli-
cation for Federal Student Aid developed by the 
Secretary under this section. 
‘‘(3) CHARGES TO STUDENTS AND PARENTS FOR 
USE OF FORMS PROHIBITED.—The need for and eligi-
bility of a student for financial assistance under this 
title may be determined only by using the Free Appli-
cation for Federal Student Aid developed by the Sec-
retary under this section. Such application shall be 
produced, distributed, and processed by the Secretary, 
and no parent or student shall be charged a fee by the 
Secretary, a contractor, a third-party servicer or pri-
vate software provider, or any other public or private 
entity for the collection, processing, or delivery of 
Federal financial aid through the use of such applica-
tion. No data collected on a form for which a fee is 
charged shall be used to complete the Free Application 
for Federal Student Aid prescribed under this section, 
except that a Federal or State income tax form pre-
pared by a paid income tax preparer or preparer 
service for the primary purpose of filing a Federal or 
State income tax return may be used to complete the 
Free Application for Federal Student Aid prescribed 
under this section. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05099
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5100 
‘‘(4) APPLICATION
PROCESSING
CYCLE.—The 
Secretary shall enable applicants to submit a Free 
Application for Federal Student Aid developed under 
this section and initiate the processing of such appli-
cation, not later than January 1 of the applicant’s 
planned year of enrollment, to the maximum extent 
practicable, on or around October 1 prior to the ap-
plicant’s planned year of enrollment. 
‘‘(5) EARLY
ESTIMATES.—The Secretary shall 
maintain an electronic method for applicants to enter 
income and family size information to calculate a 
non-binding estimate of the applicant’s Federal fi-
nancial aid available under this title and shall place 
such calculator on a prominent location at the begin-
ning of the Free Application for Federal Student Aid. 
‘‘(6) ADDITIONAL FORMS.—Notwithstanding any 
other provision of this title, an institution may not 
condition the packaging or receipt of Federal finan-
cial aid on the completion of additional requests for 
financial information beyond the Free Application for 
Federal Student Aid, unless such information is re-
quired for verification, a determination of independ-
ence, or professional judgement.’’. 
(2) REPORTS.—Notwithstanding section 701(b) 
of this title, the Secretary of Education shall have the 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05100
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5101 
authority to issue reports and begin consumer testing 
prior to July 1, 2023, as provided in the amendment 
made by paragraph (1). 
(n) STUDENT ELIGIBILITY.— 
(1) AMENDMENTS.— 
(A) IN GENERAL.—Section 484 of the High-
er Education Act of 1965 (20 U.S.C. 1091) is 
amended— 
(i) by striking subsections (n) and (r); 
(ii) by redesignating subsections (o), 
(p), (s), and (t), as subsections (n), (o), (q), 
and (r), respectively; 
(iii) by inserting between subsections 
(o) and (q), as redesignated under clause 
(i), the following: 
‘‘(p) USE OF INCOME DATA WITH IRS.—The Sec-
retary, in cooperation with the Secretary of the Treasury, 
shall fulfill the data transfer requirements under section 
6103(l)(13) of the Internal Revenue Code of 1986 and the 
procedure and requirements outlined in section 494.’’; and 
(iv) by adding at the end the following: 
‘‘(s) EXCEPTION TO REQUIRED REGISTRATION WITH 
THE SELECTIVE SERVICE SYSTEM.—Notwithstanding sec-
tion 12(f) of the Military Selective Service Act (50 U.S.C. 
3811(f)), an individual shall not be ineligible for assistance 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05101
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5102 
or a benefit provided under this title if the individual is 
required under section 3 of such Act (50 U.S.C. 3802) to 
present himself for and submit to registration under such 
section and fails to do so in accordance with any proclama-
tion issued under such section, or in accordance with any 
rule or regulation issued under such section. 
‘‘(t) CONFINED OR INCARCERATED INDIVIDUALS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CONFINED
OR
INCARCERATED
INDI-
VIDUAL.—The term ‘confined or incarcerated in-
dividual’— 
‘‘(i) means an individual who is serv-
ing a criminal sentence in a Federal, State, 
or local penal institution, prison, jail, re-
formatory, work farm, or other similar cor-
rectional institution; and 
‘‘(ii) does not include an individual 
who is in a halfway house or home deten-
tion or is sentenced to serve only weekends. 
‘‘(B) PRISON
EDUCATION
PROGRAM.—The 
term ‘prison education program’ means an edu-
cation or training program that— 
‘‘(i) is an eligible program under this 
title offered by an institution of higher edu-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05102
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5103 
cation (as defined in section 101 or 
102(a)(1)(B)); 
‘‘(ii) is offered by an institution that 
has been approved to operate in a correc-
tional facility by the appropriate State de-
partment of corrections or other entity that 
is responsible for overseeing correctional fa-
cilities, or by the Bureau of Prisons; 
‘‘(iii) has been determined by the ap-
propriate State department of corrections or 
other entity that is responsible for over-
seeing correctional facilities, or by the Bu-
reau of Prisons, to be operating in the best 
interest of students, the determination of 
which shall be made by the State depart-
ment of corrections or other entity or by the 
Bureau of Prisons, respectively, and may be 
based on— 
‘‘(I) rates of confined or incarcer-
ated individuals continuing their edu-
cation post-release; 
‘‘(II) job placement rates for such 
individuals; 
‘‘(III) earnings for such individ-
uals; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05103
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5104 
‘‘(IV) rates of recidivism for such 
individuals; 
‘‘(V) the experience, credentials, 
and rates of turnover or departure of 
instructors; 
‘‘(VI) the transferability of credits 
for courses available to confined or in-
carcerated individuals and the appli-
cability of such credits toward related 
degree or certificate programs; or 
‘‘(VII) offering relevant academic 
and career advising services to partici-
pating confined or incarcerated indi-
viduals while they are confined or in-
carcerated, in advance of reentry, and 
upon release; 
‘‘(iv) offers transferability of credits to 
at least 1 institution of higher education (as 
defined in section 101 or 102(a)(1)(B)) in 
the State in which the correctional facility 
is located, or, in the case of a Federal cor-
rectional facility, in the State in which 
most of the individuals confined or incar-
cerated in such facility will reside upon re-
lease; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05104
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5105 
‘‘(v) is offered by an institution that 
has not been subject, during the 5 years pre-
ceding the date of the determination, to— 
‘‘(I) any suspension, emergency 
action, or termination of programs 
under this title; 
‘‘(II) any adverse action by the 
institution’s accrediting agency or as-
sociation; or 
‘‘(III) any action by the State to 
revoke a license or other authority to 
operate; 
‘‘(vi) satisfies any applicable edu-
cational requirements for professional licen-
sure or certification, including licensure or 
certification examinations needed to prac-
tice or find employment in the sectors or oc-
cupations for which the program prepares 
the individual, in the State in which the 
correctional facility is located or, in the 
case of a Federal correctional facility, in the 
State in which most of the individuals con-
fined or incarcerated in such facility will 
reside upon release; and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05105
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5106 
‘‘(vii) does not offer education that is 
designed to lead to licensure or employment 
for a specific job or occupation in the State 
if such job or occupation typically involves 
prohibitions on the licensure or employment 
of formerly incarcerated individuals in the 
State in which the correctional facility is 
located, or, in the case of a Federal correc-
tional facility, in the State in which most 
of the individuals confined or incarcerated 
in such facility will reside upon release. 
‘‘(2) TECHNICAL
ASSISTANCE.—The Secretary, 
in collaboration with the Attorney General, shall pro-
vide technical assistance and guidance to the Bureau 
of Prisons, State departments of corrections, and 
other entities that are responsible for overseeing cor-
rectional facilities in making determinations under 
paragraph (1)(B)(iii). 
‘‘(3) FEDERAL PELL GRANT ELIGIBILITY.—Not-
withstanding subsection (a), in order for a confined 
or incarcerated individual who otherwise meets the 
eligibility requirements of this title to be eligible to re-
ceive a Federal Pell Grant under section 401, the in-
dividual shall be enrolled or accepted for enrollment 
in a prison education program. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05106
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5107 
‘‘(4) EVALUATION.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the FAFSA Sim-
plification Act, in order to evaluate and improve 
the impact of activities supported under this sub-
section, the Secretary, in partnership with the 
Director of the Institute of Education Sciences, 
shall award 1 or more grants or contracts to, or 
enter into cooperative agreements with, experi-
enced public and private institutions and orga-
nizations to enable the institutions and organi-
zations to conduct an external evaluation that 
shall— 
‘‘(i) assess the ability of confined or in-
carcerated individuals to access and com-
plete the Free Application for Federal Stu-
dent Aid; 
‘‘(ii) examine in-custody outcomes and 
post-release outcomes related to providing 
Federal Pell Grants to confined or incarcer-
ated individuals, including— 
‘‘(I) attainment of a postsec-
ondary degree or credential; 
‘‘(II) safety in penal institutions 
with prison education programs; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05107
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5108 
‘‘(III) the size of waiting lists for 
prison education programs; 
‘‘(IV) the extent to which such in-
dividuals continue their education 
post-release; 
‘‘(V) employment and earnings 
outcomes for such individuals; and 
‘‘(VI) rates of recidivism for such 
individuals; 
‘‘(iii) track individuals who received 
Federal Pell Grants under subpart 1 of part 
A at 1, 3, and 5 years after the individuals’ 
release from confinement or incarceration; 
and 
‘‘(iv) examine the extent to which in-
stitutions provide re-entry or relevant ca-
reer services to participating confined or in-
carcerated individuals as part of the prison 
education program and the efficacy of such 
services, if offered. 
‘‘(B) REPORT.—Beginning not later than 1 
year after the Secretary awards the grant, con-
tract, or cooperative agreement described in sub-
paragraph (A) and annually thereafter, each in-
stitution of higher education operating a prison 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05108
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5109 
education program under this subsection shall 
submit a report to the Secretary on activities as-
sisted and students served under this subsection, 
which shall include the information, as applica-
ble, contained in clauses (i) through (iv) of sub-
paragraph (A). 
‘‘(5) REPORT.—Not later than 1 year after the 
date of enactment of the FAFSA Simplification Act 
and on at least an annual basis thereafter, the Sec-
retary shall submit to the authorizing committees, 
and make publicly available on the website of the De-
partment, a report on the— 
‘‘(A) impact of this subsection which shall 
include, at a minimum— 
‘‘(i) the names and types of institu-
tions of higher education offering prison 
education programs at which confined or 
incarcerated individuals are enrolled and 
receiving Federal Pell Grants; 
‘‘(ii) the number of confined or incar-
cerated individuals receiving Federal Pell 
Grants through each prison education pro-
gram; 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05109
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5111 
veys conducted by the applicable institution 
or correctional facility; 
‘‘(ix) information on post-release out-
comes of such individuals, including, to the 
extent practicable, continued postsecondary 
enrollment, earnings, credit transfer, and 
job placement; 
‘‘(x) rates of recidivism for confined or 
incarcerated individuals receiving Federal 
Pell Grants; 
‘‘(xi) information on transfers of con-
fined or incarcerated individuals between 
prison education programs; 
‘‘(xii) the most common programs and 
courses offered in prison education pro-
grams; and 
‘‘(xiii) rates of instructor turnover or 
departure for courses offered in prison edu-
cation programs; 
‘‘(B) results of each prison education pro-
gram at each institution of higher education, in-
cluding the information described in clauses (ii) 
through (xiii) of subparagraph (A); and 
‘‘(C) findings regarding best practices with 
respect to prison education programs.’’. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05111
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5112 
(B) 
CONFORMING
AMENDMENT.—Section 
428B(f)(2) of the Higher Education Act of 1965 
(20 U.S.C. 1078–2(f)(2)) is amended by striking 
‘‘section 484(p)’’ and inserting ‘‘section 484(o)’’. 
(C) INSTITUTIONAL AND FINANCIAL ASSIST-
ANCE
INFORMATION
FOR
STUDENTS.—Section 
485 of the Higher Education Act of 1965 (20 
U.S.C. 1092) is amended by repealing subsection 
(k). 
(2) EARLY EFFECTIVE DATE PERMITTED.—Not-
withstanding section 701(b) of this Act, sections 
401(b)(6) and 484(r) of the Higher Education Act of 
1965 (20 U.S.C. 1070a(b)(6); 1091(r)) as in effect on 
the date of enactment of this Act, and section 12(f) of 
the Military Selective Service Act (50 U.S.C. 3811(f)), 
the Secretary of Education may implement the 
amendments made by paragraph (1) of this subsection 
before (but not later than) July 1, 2023. The Sec-
retary shall specify in a designation on what date, 
under what conditions, and for which award years 
the Secretary will implement such amendments prior 
to July 1, 2023. The Secretary shall publish any des-
ignation under this paragraph in the Federal Reg-
ister at least 60 days before implementation. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05112
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5113 
(o) EARLY AWARENESS OF FINANCIAL AID ELIGI-
BILITY.—Section 485E of the Higher Education Act of 1965 
(20 U.S.C. 1092f) is amended to read as follows: 
‘‘SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINAN-
CIAL AID ELIGIBILITY. 
‘‘(a) IN GENERAL.—The Secretary shall implement 
early outreach activities in order to provide prospective stu-
dents and their families with information about financial 
aid and estimates of financial aid. Such early outreach ac-
tivities shall include the activities described in subsections 
(b), (c), and (d). 
‘‘(b) PELL GRANT EARLY AWARENESS ESTIMATES.— 
‘‘(1) IN GENERAL.—The Secretary shall produce 
a consumer-tested method of estimating student eligi-
bility for Federal Pell Grants under section 401(b) 
utilizing the variables of family size and adjusted 
gross income, presented in electronic format. There 
shall be a method for students to indicate whether 
they are, or will be in— 
‘‘(A) a single-parent household; 
‘‘(B) a household with two parents; or 
‘‘(C) a household with no children or de-
pendents. 
‘‘(2) CONSUMER TESTING.— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05113
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5114 
‘‘(A) IN
GENERAL.—The method of esti-
mating eligibility described in paragraph (1) 
shall be consumer tested with prospective first- 
generation students and families as well as low- 
income individuals and families. 
‘‘(B) UPDATES.—For award year 2023– 
2024 and each fourth succeeding award year 
thereafter, the design of the method of estimating 
eligibility shall be updated based on additional 
consumer testing with the populations described 
in subparagraph (A). 
‘‘(3) DISTRIBUTION.—The method of estimating 
eligibility described in paragraph (1) shall be— 
‘‘(A) made publicly and prominently avail-
able on the Department’s website; and 
‘‘(B) actively shared by the Secretary 
with— 
‘‘(i) institutions of higher education 
participating in programs under this title; 
‘‘(ii) all middle and secondary schools 
eligible for funds under part A of title I of 
the Elementary and Secondary Education 
Act of 1965; 
‘‘(iii) local educational agencies and 
middle schools and high schools that serve 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05114
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5115 
students not less than 25 percent of whom 
meet a measure of poverty as described in 
section 1113(a)(5) of the Elementary and 
Secondary Education Act of 1965; and 
‘‘(iv) agencies responsible for admin-
istering means-tested Federal benefit pro-
grams, as defined in section 479(b)(4)(H). 
‘‘(4) ELECTRONIC ESTIMATOR ON FAFSA.—In ac-
cordance with subsection (d)(5) of section 483, the 
Secretary shall maintain an electronic method for ap-
plicants to enter income and family size, and level of 
education sought information to calculate a non-bind-
ing estimate (which may include a range, ceiling, or 
minimum) of the applicant’s Federal financial aid 
available under this title and shall place such calcu-
lator on a prominent location on the FAFSA website 
and in a manner that encourages students to fill out 
the FAFSA. 
‘‘(c) EARLY AWARENESS PLANS.—The Secretary shall 
establish and implement early awareness and outreach 
plans to provide early information about the availability 
of Federal financial aid and estimates of prospective stu-
dents’ eligibility for Federal financial aid as well as to pro-
mote the attainment of postsecondary education specifically 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05115
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5116 
among prospective first-generation students and families as 
well as low-income individuals and families, as follows: 
‘‘(1) OUTREACH PLANS FOR LOW-INCOME FAMI-
LIES.— 
‘‘(A) IN GENERAL.—The Secretary shall de-
velop plans for each population described in this 
subparagraph to disseminate information about 
the availability of Federal financial aid under 
this title, in addition to and in coordination 
with the distribution of the method of estimating 
eligibility under subsection (b), to— 
‘‘(i) all middle schools and secondary 
schools eligible for funds under part A of 
title I of the Elementary and Secondary 
Education Act of 1965; 
‘‘(ii) local educational agencies and 
middle schools and high schools that serve 
students not less than 25 percent of whom 
meet a measure of poverty as described in 
section 1113(a)(5) of the Elementary and 
Secondary Education Act; 
‘‘(iii) households receiving assistance 
under the supplemental nutrition assistance 
program established under the Food and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05116
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5117 
Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.); and 
‘‘(iv) agencies responsible for admin-
istering means-tested Federal benefit pro-
grams, as defined in section 479(b)(4)(H). 
‘‘(B) CONTENT OF PLANS.—The plans de-
scribed in paragraph (A) shall— 
‘‘(i) provide students and their families 
with information on— 
‘‘(I) the availability of the College 
Scorecard or any similar successor 
website; 
‘‘(II) the electronic estimates of fi-
nancial aid available under subsection 
(b); 
‘‘(III) Federal financial aid avail-
able to students, including eligibility 
criteria for the Federal financial aid 
and an explanation of the Federal fi-
nancial aid programs (including ap-
plicable Federal educational tax cred-
its); and 
‘‘(IV) resources that can inform 
students of financial aid that may be 
available from state-based financial 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05117
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5118 
aid, state-based college savings pro-
grams, and scholarships and other 
non-governmental sources; 
‘‘(ii) describe how the dissemination of 
information will be conducted by the Sec-
retary. 
‘‘(C) REPORTING AND UPDATES.—The Sec-
retary shall post the information about the plans 
under subparagraph (A) and associated goals 
publicly on the Department’s website. On an an-
nual basis, the Secretary shall report qualitative 
and quantitative outcomes regarding the imple-
mentation of the plans under subparagraph (A). 
The Secretary shall review and update such 
plans not less often than every 4 award years 
with the goal of progressively increasing the im-
pact of the activities under this paragraph. 
‘‘(D) PARTNERSHIP.—The Secretary may 
partner with States, State systems of higher edu-
cation, institutions of higher education, or college 
access organizations to carry out this paragraph. 
‘‘(2) INTERAGENCY COORDINATION PLANS.— 
‘‘(A) IN GENERAL.—The Secretary shall de-
velop interagency coordination plans in order to 
inform more students and families, including 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05118
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5119 
low-income individuals or families and recipi-
ents of means-tested Federal benefits, about the 
availability of Federal financial aid under this 
title through participation in existing Federal 
programs or tax benefits that serve low-income 
individuals or families, in coordination with the 
following Secretaries: 
‘‘(i) The Secretary of the Treasury. 
‘‘(ii) The Secretary of Labor. 
‘‘(iii) The Secretary of Health and 
Human Services. 
‘‘(iv) The Secretary of Agriculture. 
‘‘(v) The Secretary of Housing and 
Urban Development. 
‘‘(vi) The Secretary of Commerce. 
‘‘(vii) The Secretary of Veterans Af-
fairs. 
‘‘(viii) The Secretary of the Interior. 
‘‘(B) PROCESS, ACTIVITIES, AND GOALS.— 
Each interagency coordination plan under sub-
paragraph (A) shall— 
‘‘(i) identify opportunities in which 
low-income individuals and families could 
be informed of the availability of Federal fi-
nancial aid under this title through access 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05119
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5120 
to other Federal programs that serve low-in-
come individuals and families; 
‘‘(ii) identify methods to effectively in-
form low-income individuals and families of 
the availability of Federal financial aid for 
postsecondary education under this title 
and assist such individuals in completing 
the Free Application for Federal Student 
Aid; 
‘‘(iii) develop early awareness and 
FAFSA completion activities that align 
with the opportunities and methods identi-
fied under clauses (i) and (ii); 
‘‘(iv) establish goals regarding the ef-
fects of the activities to be implemented 
under clause (iii); and 
‘‘(v) provide information on how stu-
dents and families can maintain access to 
Federal programs that serve low-income in-
dividuals and families operated by the 
agencies identified under subsection (A) 
while attending an institution of higher 
education. 
‘‘(C) PLAN
WITH
SECRETARY
OF
THE 
TREASURY.—The interagency coordination plan 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05120
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5121 
under subparagraph (A)(i) between the Secretary 
and the Secretary of the Treasury shall further 
include specific methods to increase the applica-
tion for Federal financial aid under this title 
from individuals who file Federal tax returns, 
including collaboration with tax preparation en-
tities or other third parties, as appropriate. 
‘‘(D) REPORTING AND UPDATES.—The Sec-
retary shall post the information about the inter-
agency coordination plans under this paragraph 
and associated goals publicly on the Depart-
ment’s website. The plans shall have the goal of 
progressively increasing the impact of the activi-
ties under this paragraph by increasing the 
number of low-income applicants for, and recipi-
ents of, Federal financial aid. The plans shall be 
updated not less than once every 4 years. 
‘‘(3) NATIONWIDE
PARTICIPATION
IN
EARLY 
AWARENESS PLANS.— 
‘‘(A) IN GENERAL.—The Secretary shall so-
licit voluntary public commitments from entities, 
such as States, State systems of higher education, 
institutions of higher education, and other inter-
ested organizations, to carry out early awareness 
plans, which shall include goals, to— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05121
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5122 
‘‘(i) notify prospective and existing 
students who are low-income individuals 
and families about their eligibility for Fed-
eral aid under this title, as well as State- 
based financial aid, if applicable, on an an-
nual basis; 
‘‘(ii) increase the number of prospec-
tive and current students who are low-in-
come individuals and families filing the 
Free Application for Federal Student Aid; 
and 
‘‘(iii) increase the number of prospec-
tive and current students who are low-in-
come individuals and families enrolling in 
postsecondary education. 
‘‘(B) REPORTING AND UPDATES.—Each en-
tity that makes a voluntary public commitment 
to carry out an early awareness plan may sub-
mit quantitative and qualitative data based on 
the entity’s progress toward the goals of the plan 
annually prior to a date selected by the Sec-
retary. 
‘‘(C) EARLY
AWARENESS
CHAMPIONS.— 
Based on data submitted by entities, the Sec-
retary shall select and designate entities submit-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05122
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5123 
ting public commitments, plans, and goals, as 
Early Awareness Champions on an annual 
basis. Those entities designated as Early Aware-
ness Champions shall provide one or more case 
studies regarding the activities the entity under-
took under this paragraph which shall be made 
public by the Secretary on the Department of 
Education website to promote best practices. 
‘‘(d) PUBLIC AWARENESS CAMPAIGN.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and implement a public awareness campaign de-
signed using current and relevant independent re-
search regarding strategies and media platforms 
found to be most effective in communicating with low- 
income populations in order to increase national 
awareness regarding the availability of Federal Pell 
Grants and financial aid under this title and, at the 
option of the Secretary, potential availability of state 
need-based financial aid. 
‘‘(2) COORDINATION.—The public awareness 
campaign described in paragraph (1) shall leverage 
the activities in subsections (b) and (c) to highlight 
eligibility among low-income populations. In devel-
oping and implementing the campaign, the Secretary 
may work in coordination with States, institutions of 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05123
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5124 
higher education, early intervention and outreach 
programs under this title, other Federal agencies, 
agencies responsible for administering means-tested 
Federal benefit programs (as defined in section 
479(b)(4)(H)), organizations involved in college access 
and student financial aid, secondary schools, local 
educational agencies, public libraries, community 
centers, businesses, employers, workforce investment 
boards, and organizations that provide services to in-
dividuals who are or were homeless, in foster care, or 
are disconnected youth. 
‘‘(3) REPORTING.—The Secretary shall report on 
the success of the public awareness campaign de-
scribed in paragraph (1) annually regarding the ex-
tent to which the public and target populations were 
reached using data commonly used to evaluate adver-
tising and outreach campaigns and data regarding 
whether the campaign produced any increase in ap-
plicants for Federal aid under this title publicly on 
the Department of Education website.’’. 
(p) PROCEDURE AND REQUIREMENTS FOR REQUEST-
ING TAX RETURN INFORMATION FROM THE INTERNAL REV-
ENUE SERVICE.—Section 494(a)(1) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1098h(a)(1)) is amended— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05124
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5125 
(1) in subparagraph (A)(ii), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) if an individual is pursuing provi-
sional independent student status due to an un-
usual circumstance, as described in section 479A 
and provided for in section 479D, require such 
individual to provide an affirmative approval 
under subparagraph (B), but not require a par-
ent of such individual to provide an affirmative 
approval under subparagraph (B).’’. 
SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETER-
MINATIONS; APPLICATIONS. 
Section 401 of the Higher Education Act of 1965 (20 
U.S.C. 1070a) is amended to read as follows: 
‘‘SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETER-
MINATIONS; APPLICATIONS. 
‘‘(a) PURPOSE; DEFINITIONS.— 
‘‘(1) PURPOSE.—The purpose of this subpart is 
to provide a Federal Pell Grant to low-income stu-
dents. 
‘‘(2) DEFINITIONS.—In this section— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05125
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5126 
‘‘(A) the term ‘adjusted gross income’ 
means— 
‘‘(i) in the case of a dependent student, 
the adjusted gross income (as defined in sec-
tion 62 of the Internal Revenue Code of 
1986) of the student’s parents in the second 
tax year preceding the academic year; and 
‘‘(ii) in the case of an independent stu-
dent, the adjusted gross income (as defined 
in section 62 of the Internal Revenue Code 
of 1986) of the student (and the student’s 
spouse, if applicable) in the second tax year 
preceding the academic year; 
‘‘(B) the term ‘family size’ has the meaning 
given the term in section 480(k); 
‘‘(C) the term ‘poverty line’ means the pov-
erty line (as determined under the poverty guide-
lines updated periodically in the Federal Reg-
ister by the Department of Health and Human 
Services under the authority of section 673(2) of 
the Community Services Block Grant Act (42 
U.S.C. 9902(2))) applicable to the student’s fam-
ily size and applicable to the second tax year 
preceding the academic year; 
‘‘(D) the term ‘single parent’ means— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05126
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5127 
‘‘(i) a parent of a dependent student 
who was a head of household (as defined in 
section 2(b) of the Internal Revenue Code of 
1986) or a surviving spouse (as defined in 
section 2(a) of the Internal Revenue Code of 
1986) or was an eligible individual for pur-
poses of the credit under section 32 of such 
Code, in the second tax year preceding the 
academic year; or 
‘‘(ii) an independent student who is a 
parent and was a head of household (as de-
fined in section 2(b) of the Internal Revenue 
Code of 1986) or a surviving spouse (as de-
fined in section 2(a) of the Internal Rev-
enue Code of 1986) or was an eligible indi-
vidual for purposes of the credit under sec-
tion 32 of such Code, in the second tax year 
preceding the academic year; 
‘‘(E) the term ‘total maximum Federal Pell 
Grant’ means the total maximum Federal Pell 
Grant award per student for any academic year 
described under subsection (b)(5); and 
‘‘(F) the term ‘minimum Federal Pell 
Grant’ means the minimum amount of a Federal 
Pell Grant that shall be awarded to a student for 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05127
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5128 
any academic year in which that student is at-
tending full time, which shall be equal to 10 per-
cent of the total maximum Federal Pell Grant 
for such academic year. 
‘‘(b) AMOUNT AND DISTRIBUTION OF GRANTS.— 
‘‘(1) DETERMINATION OF AMOUNT OF A FEDERAL 
PELL GRANT.—Subject to paragraphs (2) and (3), the 
amount of a Federal Pell Grant for a student shall 
be determined in accordance with the following: 
‘‘(A) A student shall be eligible for a total 
maximum Federal Pell Grant for an academic 
year in which the student is enrolled in an eligi-
ble program full time— 
‘‘(i) if the student (and the student’s 
spouse, if applicable), or, in the case of a 
dependent student, the dependent student’s 
parents (or single parent), is not required 
to file a Federal income tax return in the 
second year preceding the academic year; 
‘‘(ii) if the student or, in the case of a 
dependent student, the dependent student’s 
parent, is a single parent, and the adjusted 
gross income is greater than zero and equal 
to or less than 225 percent of the poverty 
line; or 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05128
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5129 
‘‘(iii) if the student or, in the case of 
a dependent student, the dependent student’s 
parent, is not a single parent, and the ad-
justed gross income is greater than zero and 
equal to or less than 175 percent of the pov-
erty line. 
‘‘(B) A student who is not eligible for a 
total maximum Federal Pell Grant under sub-
paragraph (A) for an academic year, shall be eli-
gible for a Federal Pell Grant for an academic 
year in which the student is enrolled in an eligi-
ble program full time if such student’s student 
aid index in such award year is less than the 
total maximum Federal Pell Grant for that 
award year. The amount of the Federal Pell 
Grant for a student eligible under this subpara-
graph shall be— 
‘‘(i) the total maximum Federal Pell 
Grant as calculated under paragraph (5)(A) 
for that year, less 
‘‘(ii) an amount equal to the amount 
determined to be the student aid index with 
respect to that student for that year, except 
that a student aid index of less than zero 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05129
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5132 
such foreign income when determining the stu-
dent’s eligibility for such total maximum Federal 
Pell Grant. 
‘‘(E) With respect to a student who is not 
eligible for the total maximum Federal Pell 
Grant under subparagraph (A) or a minimum 
Federal Pell Grant under subparagraph (C), the 
Secretary shall subtract from the student or par-
ents’ adjusted gross income, as applicable based 
on whose income is used for the Federal Pell 
Grant calculation, the sum of the following for 
the individual whose income is so used, and con-
sider such difference the adjusted gross income 
for purposes of determining the student’s eligi-
bility for such Federal Pell Grant award under 
such subparagraph: 
‘‘(i) If the applicant, or, if applicable, 
the parents or spouse of the applicant, elects 
to report receiving college grant and schol-
arship aid included in gross income on a 
Federal tax return described in section 
480(e)(2), the amount of such aid. 
‘‘(ii) Income earned from work under 
part C of this title. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05132
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5133 
‘‘(2) LESS THAN FULL-TIME ENROLLMENT.—In 
any case where a student is enrolled in an eligible 
program of an institution of higher education on less 
than a full-time basis (including a student who at-
tends an institution of higher education on less than 
a half-time basis) during any academic year, the 
amount of the Federal Pell Grant to which that stu-
dent is entitled shall be reduced in direct proportion 
to the degree to which that student is not so enrolled 
on a full-time basis, rounded to the nearest whole per-
centage point, as provided in a schedule of reductions 
published by the Secretary computed in accordance 
with this subpart. Such schedule of reductions shall be 
published in the Federal Register in accordance with 
section 482. Such reduced Federal Pell Grant for a 
student enrolled on a less than full-time basis shall 
also apply proportionally to students who are other-
wise eligible to receive the minimum Federal Pell 
Grant, if enrolled full-time. 
‘‘(3) AWARD MAY NOT EXCEED COST OF ATTEND-
ANCE.—No Federal Pell Grant under this subpart 
shall exceed the cost of attendance (as defined in sec-
tion 472) at the institution at which that student is 
in attendance. If, with respect to any student, it is 
determined that the amount of a Federal Pell Grant 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05133
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5134 
for that student exceeds the cost of attendance for that 
year, the amount of the Federal Pell Grant shall be 
reduced until the Federal Pell Grant does not exceed 
the cost of attendance at such institution. 
‘‘(4) STUDY
ABROAD.—Notwithstanding any 
other provision of this subpart, the Secretary shall 
allow the amount of the Federal Pell Grant to be ex-
ceeded for students participating in a program of 
study abroad approved for credit by the institution at 
which the student is enrolled when the reasonable 
costs of such program are greater than the cost of at-
tendance at the student’s home institution, except that 
the amount of such Federal Pell Grant in any fiscal 
year shall not exceed the maximum amount of a Fed-
eral Pell Grant for which a student is eligible under 
paragraph (1) or (2) during such award year. If the 
preceding sentence applies, the financial aid adminis-
trator at the home institution may use the cost of the 
study abroad program, rather than the home institu-
tion’s cost, to determine the cost of attendance of the 
student. 
‘‘(5) TOTAL MAXIMUM FEDERAL PELL GRANT.— 
‘‘(A) IN GENERAL.—For award year 2023– 
2024, and each subsequent award year, the total 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05134
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5135 
maximum Federal Pell Grant award per student 
shall be equal to the sum of— 
‘‘(i) $1,060; and 
‘‘(ii) the amount specified as the max-
imum Federal Pell Grant in the last en-
acted appropriation Act applicable to that 
award year. 
‘‘(B) ROUNDING.—The total maximum Fed-
eral Pell Grant for any award year shall be 
rounded to the nearest $5. 
‘‘(6) FUNDS BY FISCAL YEAR.— 
‘‘(A) IN GENERAL.—To carry out this sec-
tion— 
‘‘(i) there are authorized to be appro-
priated and are appropriated (in addition 
to any other amounts appropriated to carry 
out this section and out of any money in 
the Treasury not otherwise appropriated) 
such sums as are necessary to carry out 
paragraph (5)(A)(i) for fiscal year 2023 
and each subsequent fiscal year; and 
‘‘(ii) such sums as may be necessary 
are authorized to be appropriated to carry 
out paragraph (5)(A)(ii) for each of the fis-
cal years 2023 through 2033. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05135
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5136 
‘‘(B) 
AVAILABILITY
OF
FUNDS.—The 
amounts made available by subparagraph (A) 
for any fiscal year shall be available beginning 
on October 1 of that fiscal year, and shall re-
main available through September 30 of the suc-
ceeding fiscal year. 
‘‘(7) APPROPRIATION.— 
‘‘(A) IN
GENERAL.—In addition to any 
funds appropriated under paragraph (6) and 
any funds made available for this section under 
any appropriations Act, there are authorized to 
be appropriated, and there are appropriated (out 
of any money in the Treasury not otherwise ap-
propriated) 
to 
carry 
out 
this 
section, 
$1,170,000,000 for fiscal year 2023 and each 
subsequent award year. 
‘‘(B) NO EFFECT ON PREVIOUS APPROPRIA-
TIONS.—The amendments made to this section 
by the FAFSA Simplification Act shall not— 
‘‘(i) increase or decrease the amounts 
that have been appropriated or are avail-
able to carry out this section for fiscal year 
2017, 2018, 2019, 2020, 2021, or 2022 as of 
the day before the effective date of such Act; 
or 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05136
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5137 
‘‘(ii) extend the period of availability 
for obligation that applied to any such 
amount, as of the day before such effective 
date. 
‘‘(C) 
AVAILABILITY
OF
FUNDS.—The 
amounts made available by this paragraph for 
any fiscal year shall be available beginning on 
October 1 of that fiscal year, and shall remain 
available through September 30 of the succeeding 
fiscal year. 
‘‘(8) METHOD OF DISTRIBUTION.— 
‘‘(A) IN
GENERAL.—For each fiscal year 
through fiscal year 2033, the Secretary shall pay 
to each eligible institution such sums as may be 
necessary to pay each eligible student for each 
academic year during which that student is in 
attendance at an institution of higher education 
as an undergraduate, a Federal Pell Grant in 
the amount for which that student is eligible. 
‘‘(B) ALTERNATIVE DISBURSEMENT.—Noth-
ing in this section shall be interpreted to pro-
hibit the Secretary from paying directly to stu-
dents, in advance of the beginning of the aca-
demic term, an amount for which they are eligi-
ble, in the cases where an eligible institution does 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05137
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5138 
not participate in the disbursement system under 
subparagraph (A). 
‘‘(9) ADDITIONAL
PAYMENT
PERIODS
IN
SAME 
AWARD YEAR.— 
‘‘(A) Effective in the 2017–2018 award year 
and thereafter, the Secretary shall award an eli-
gible student not more than one and one-half 
Federal Pell Grants during a single award year 
to permit such student to work toward comple-
tion of an eligible program if, during that single 
award year, the student has received a Federal 
Pell Grant for an award year and is enrolled in 
an eligible program for one or more additional 
payment periods during the same award year 
that are not otherwise fully covered by the stu-
dent’s Federal Pell Grant. 
‘‘(B) In the case of a student receiving more 
than one Federal Pell Grant in a single award 
year under subparagraph (A), the total amount 
of Federal Pell Grants awarded to such student 
for the award year may exceed the total max-
imum Federal Pell Grant available for an award 
year. 
‘‘(C) Any period of study covered by a Fed-
eral Pell Grant awarded under subparagraph 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05138
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5139 
(A) shall be included in determining a student’s 
duration limit under subsection (d)(5). 
‘‘(D) In any case where an eligible student 
is receiving a Federal Pell Grant for a payment 
period that spans 2 award years, the Secretary 
shall allow the eligible institution in which the 
student is enrolled to determine the award year 
to which the additional period shall be assigned, 
as it determines is most beneficial to students. 
‘‘(c) SPECIAL RULE.— 
‘‘(1) IN GENERAL.—A student described in para-
graph (2) shall be eligible for the total maximum Fed-
eral Pell Grant. 
‘‘(2) APPLICABILITY.—Paragraph (1) shall apply 
to any dependent or independent student— 
‘‘(A) who is eligible to receive a Federal Pell 
Grant according to subsection (b)(1) for the 
award year for which the determination is made; 
‘‘(B) whose parent or guardian was— 
‘‘(i) an individual who, on or after 
September 11, 2001, died in the line of duty 
while serving on active duty as a member 
of the Armed Forces; or 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05139
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5140 
‘‘(ii) actively serving as a public safety 
officer and died in the line of duty while 
performing as a public safety officer; and 
‘‘(C) who is less than 33 years of age. 
‘‘(3) INFORMATION.—Notwithstanding any other 
provision of law— 
‘‘(A) the Secretary shall establish the nec-
essary data-sharing agreements with the Sec-
retary of Veterans Affairs and the Secretary of 
Defense, as applicable, to provide the informa-
tion necessary to determine which students meet 
the requirements of paragraph (2)(B)(i); and 
‘‘(B) the financial aid administrator shall 
verify with the student that the student is eligible 
for the adjustment and notify the Secretary of 
the adjustment of the student’s eligibility. 
‘‘(4) TREATMENT OF PELL AMOUNT.—Notwith-
standing section 1212 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10302), in 
the case of a student who receives an increased Fed-
eral Pell Grant amount under this section, the total 
amount of such Federal Pell Grant, including the in-
crease under this subsection, shall not be considered 
in calculating that student’s educational assistance 
benefits under the Public Safety Officers’ Benefits 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05140
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5141 
program under subpart 2 of part L of title I of such 
Act. 
‘‘(5) DEFINITION OF PUBLIC SAFETY OFFICER.— 
For purposes of this subsection, the term ‘public safe-
ty officer’ means— 
‘‘(A) a public safety officer, as defined in 
section 1204 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 
10284); or 
‘‘(B) a fire police officer, defined as an in-
dividual who— 
‘‘(i) is serving in accordance with 
State or local law as an officially recog-
nized or designated member of a legally or-
ganized public safety agency; 
‘‘(ii) is not a law enforcement officer, 
a firefighter, a chaplain, or a member of a 
rescue squad or ambulance crew; and 
‘‘(iii) provides scene security or directs 
traffic— 
‘‘(I) in response to any fire drill, 
fire call, or other fire, rescue, or police 
emergency; or 
‘‘(II) at a planned special event. 
‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.— 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05141
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5142 
‘‘(1) IN GENERAL.—The period during which a 
student may receive Federal Pell Grants shall be the 
period required for the completion of the first under-
graduate baccalaureate course of study being pursued 
by that student at the institution at which the student 
is in attendance, except that any period during which 
the student is enrolled in a noncredit or remedial 
course of study, as described in paragraph (2), shall 
not be counted for the purpose of this paragraph. 
‘‘(2) NONCREDIT OR REMEDIAL COURSES; STUDY 
ABROAD.—Nothing in this section shall exclude from 
eligibility courses of study which are noncredit or re-
medial in nature (including courses in English lan-
guage instruction) which are determined by the insti-
tution to be necessary to help the student be prepared 
for the pursuit of a first undergraduate baccalaureate 
degree or certificate or, in the case of courses in 
English language instruction, to be necessary to en-
able the student to use already existing knowledge, 
training, or skills. Nothing in this section shall ex-
clude from eligibility programs of study abroad that 
are approved for credit by the home institution at 
which the student is enrolled. 
‘‘(3) NO CONCURRENT PAYMENTS.—No student is 
entitled to receive Pell Grant payments concurrently 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05142
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5143 
from more than one institution or from both the Sec-
retary and an institution. 
‘‘(4) POSTBACCALAUREATE PROGRAM.—Notwith-
standing paragraph (1), the Secretary may allow, on 
a case-by-case basis, a student to receive a Federal 
Pell Grant if the student— 
‘‘(A) is carrying at least one-half the nor-
mal full-time work load for the course of study 
the student is pursuing, as determined by the in-
stitution of higher education; and 
‘‘(B) is enrolled or accepted for enrollment 
in a postbaccalaureate program that does not 
lead to a graduate degree, and in courses re-
quired by a State in order for the student to re-
ceive a professional certification or licensing cre-
dential that is required for employment as a 
teacher in an elementary school or secondary 
school in that State, 
except that this paragraph shall not apply to a stu-
dent who is enrolled in an institution of higher edu-
cation that offers a baccalaureate degree in education. 
‘‘(5) MAXIMUM PERIOD.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the period during which a 
student may receive Federal Pell Grants shall 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05143
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5144 
not exceed 12 semesters, or the equivalent of 12 
semesters, as determined by the Secretary by reg-
ulation. Such regulations shall provide, with re-
spect to a student who received a Federal Pell 
Grant for a term but was enrolled at a fraction 
of full time, that only that same fraction of such 
semester or equivalent shall count towards such 
duration limits. 
‘‘(B) EXCEPTION.— 
‘‘(i) IN GENERAL.—Any Federal Pell 
Grant that a student received during a pe-
riod described in subclause (I) or (II) of 
clause (ii) shall not count towards the stu-
dent’s duration limits under this para-
graph. 
‘‘(ii) APPLICABLE
PERIODS.—Clause 
(i) shall apply with respect to any Federal 
Pell Grant awarded to a student to enroll 
in an eligible program at an institution— 
‘‘(I) during a period of a student’s 
attendance at an institution— 
‘‘(aa) at which the student 
was unable to complete a course of 
study due to the closing of the in-
stitution; or 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05144
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5145 
‘‘(bb) for which the student 
was falsely certified as eligible for 
Federal aid under this title; or 
‘‘(II) during a period— 
‘‘(aa) for which the student 
received a loan under this title; 
and 
‘‘(bb) for which the loan de-
scribed in item (aa) is discharged 
under— 
‘‘(AA) section 437(c)(1) 
or section 464(g)(1); 
‘‘(BB) section 432(a)(6); 
or 
‘‘(CC) 
section 
455(h) 
due to the student’s successful 
assertion of a defense to re-
payment of the loan, includ-
ing defenses provided to any 
applicable groups of students. 
‘‘(e) APPLICATIONS FOR GRANTS.— 
‘‘(1) DEADLINES.—The Secretary shall from 
time to time set dates by which students shall file the 
Free Application for Federal Student Aid under sec-
tion 483. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05145
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5146 
‘‘(2) APPLICATION.—Each student desiring a 
Federal Pell Grant for any year shall file the Free 
Application for Federal Student Aid containing the 
information necessary to enable the Secretary to carry 
out the functions and responsibilities of this subpart. 
‘‘(f) DISTRIBUTION OF GRANTS TO STUDENTS.—Pay-
ments under this section shall be made in accordance with 
regulations promulgated by the Secretary for such purpose, 
in such manner as will best accomplish the purpose of this 
section. Any disbursement allowed to be made by crediting 
the student’s account shall be limited to tuition and fees, 
and food and housing if that food and housing is institu-
tionally owned or operated. The student may elect to have 
the institution provide other such goods and services by 
crediting the student’s account. 
‘‘(g) INSUFFICIENT APPROPRIATIONS.—If, for any fis-
cal year, the funds appropriated for payments under this 
subpart are insufficient to satisfy fully all entitlements, as 
calculated under subsections (b) and (c) (but at the max-
imum grant level specified in such appropriation), the Sec-
retary shall promptly transmit a notice of such insuffi-
ciency to each House of the Congress, and identify in such 
notice the additional amount that would be required to be 
appropriated to satisfy fully all entitlements (as so cal-
culated at such maximum grant level). 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05146
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5147 
‘‘(h) USE OF EXCESS FUNDS.— 
‘‘(1) 15 PERCENT OR LESS.—If, at the end of a 
fiscal year, the funds available for making payments 
under this subpart exceed the amount necessary to 
make the payments required under this subpart to eli-
gible students by 15 percent or less, then all of the ex-
cess funds shall remain available for making pay-
ments under this subpart during the next succeeding 
fiscal year. 
‘‘(2) MORE THAN 15 PERCENT.—If, at the end of 
a fiscal year, the funds available for making pay-
ments under this subpart exceed the amount necessary 
to make the payments required under this subpart to 
eligible students by more than 15 percent, then all of 
such funds shall remain available for making such 
payments but payments may be made under this 
paragraph only with respect to entitlements for that 
fiscal year. 
‘‘(i) TREATMENT OF INSTITUTIONS AND STUDENTS 
UNDER OTHER LAWS.—Any institution of higher education 
which enters into an agreement with the Secretary to dis-
burse to students attending that institution the amounts 
those students are eligible to receive under this subpart shall 
not be deemed, by virtue of such agreement, a contractor 
maintaining a system of records to accomplish a function 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05147
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5148 
of the Secretary. Recipients of Pell Grants shall not be con-
sidered to be individual grantees for purposes of chapter 
81 of title 41, United States Code. 
‘‘(j) INSTITUTIONAL INELIGIBILITY BASED
ON DE-
FAULT RATES.— 
‘‘(1) IN GENERAL.—No institution of higher edu-
cation shall be an eligible institution for purposes of 
this subpart if such institution of higher education is 
ineligible to participate in a loan program under 
part B or D as a result of a final default rate deter-
mination made by the Secretary under part B or D 
after the final publication of cohort default rates for 
fiscal year 1996 or a succeeding fiscal year. 
‘‘(2) SANCTIONS
SUBJECT
TO
APPEAL
OPPOR-
TUNITY.—No institution may be subject to the terms 
of this subsection unless the institution has had the 
opportunity to appeal the institution’s default rate 
determination under regulations issued by the Sec-
retary for the loan program authorized under part B 
or D, as applicable. This subsection shall not apply 
to an institution that was not participating in the 
loan program authorized under part B or D on Octo-
ber 7, 1998, unless the institution subsequently par-
ticipates in the loan programs.’’. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05148
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5149 
SEC. 704. CONFORMING AMENDMENTS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.) is amended— 
(1) by striking ‘‘the expected family contribu-
tion’’ each place the term appears and inserting ‘‘the 
student aid index’’; 
(2) by striking ‘‘expected family contributions’’ 
each place the term appears and inserting ‘‘student 
aid indexes’’; 
(3) by striking ‘‘an expected family contribu-
tion’’ each place the term appears and inserting ‘‘a 
student aid index’’; 
(4) by striking ‘‘average expected family con-
tribution’’ each place the term appears and inserting 
‘‘average student aid index’’; 
(5) in section 415E(c)(1)(B)(vii), by striking 
‘‘automatic zero expected family contribution’’ and 
inserting ‘‘automatic zero student aid index’’; and 
(6) in section 428(a)(2)(B), by striking ‘‘expected 
family contribution’’ and inserting ‘‘student aid 
index’’. 
SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT AP-
PLIES (SULA) RESTRICTION. 
(a) REPEAL.—Section 455(q) of the Higher Education 
Act of 1965 (20 U.S.C. 1087e(q)) is repealed. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05149
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5150 
(b) EARLY EFFECTIVE DATE PERMITTED.—Notwith-
standing section 701(b) of this Act and section 455(q) of 
the Higher Education Act of 1965 (20 U.S.C. 1087e(q)) as 
in effect on the date of enactment of this Act, the Secretary 
of Education may implement the repeal authorized under 
subsection (a) before (but not later than) July 1, 2023. The 
Secretary shall specify in a designation on what date and 
for which award years the implementation of such repeal 
will be effective prior to July 1, 2023. The Secretary shall 
publish any designation under this paragraph in the Fed-
eral Register at least 60 days before implementation. 
SEC. 706. FORGIVENESS OF HBCU CAPITAL FINANCING 
LOANS. 
(a) FORGIVENESS.—Not later than 90 days after the 
effective date of this section, the Secretary of Education 
shall repay each institution of higher education’s out-
standing balance of principal, interest, fees, and costs on 
the disbursed loan amounts (as of such effective date) under 
each applicable closed loan agreement, including paying 
any reimbursement (including reimbursements of escrow 
and return of fees and deposits) relating to the applicable 
closed loan agreement that are usual and customary when 
the loan is paid off by the institution. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05150
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5151 
(b) APPLICABLE CLOSED LOAN AGREEMENT.—In this 
section, the term ‘‘applicable closed loan agreement’’ means 
each of the following: 
(1) A closed loan agreement executed before the 
date of enactment of this Act and made under part 
D of title III of the Higher Education Act of 1965 (20 
U.S.C. 1066 et seq.). 
(2) A closed loan agreement executed before the 
date of enactment of this Act and made for deferment 
balances authorized under— 
(A) section 3512 of the CARES Act (20 
U.S.C. 1001 note); 
(B) title III of division A of the Further 
Consolidated Appropriations Act, 2020 (Public 
Law 116–94; 133 Stat. 2586); 
(C) title III of division B of the Department 
of Defense and Labor, Health and Human Serv-
ices, and Education Appropriations Act, 2019 
and Continuing Appropriations Act, 2019 (Pub-
lic Law 115–245; 132 Stat. 3097); or 
(D) title III of division H of the Consoli-
dated Appropriations Act, 2018 (Public Law 
115–141; 132 Stat. 741). 
(c) AUTHORIZATION AND APPROPRIATION.—There are 
authorized to be appropriated, and there are appropriated, 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05151
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5152 
out of any amounts in the Treasury not otherwise appro-
priated, such sums as may be necessary to carry out sub-
section (a). 
(d) 
EFFECTIVE
DATE.—Notwithstanding 
section 
701(b), this section shall take effect on the date of enactment 
of this Act. 
TITLE VIII—ACCESS TO DEATH 
INFORMATION 
FURNISHED 
TO OR MAINTAINED BY THE 
SOCIAL SECURITY ADMINIS-
TRATION 
SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO 
OR MAINTAINED BY THE SOCIAL SECURITY 
ADMINISTRATION. 
(a) IN GENERAL.—Section 205(r) of the Social Secu-
rity Act (42 U.S.C. 405(r)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘Each State’’ and inserting 
‘‘(A) Each State’’; 
(B) by striking ‘‘may’’ and inserting 
‘‘shall’’; 
(C) by striking ‘‘from amounts available for 
administration of this Act the reasonable costs 
(established by the Commissioner of Social Secu-
rity in consultations with the States) for tran-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05152
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5153 
scribing and transmitting such information to 
the Commissioner of Social Security.’’ and in-
serting ‘‘for the following: 
‘‘(i) A fee, to be established pursuant to 
subparagraph (B), for the use of such infor-
mation by— 
‘‘(I) the Commissioner; and 
‘‘(II) any other agency that re-
ceives such information from the Com-
missioner and is subject to the require-
ments of subparagraph (3)(A). 
‘‘(ii) The full documented cost to the 
State of transmitting such information to 
the Commissioner, including the costs of 
maintaining, enhancing, and operating any 
electronic system used solely for transmit-
ting such information to the Commissioner. 
‘‘(B) The fee for the use of such information 
shall be established by the Commissioner of So-
cial Security in consultations with the States, 
and shall include— 
‘‘(i) a share of the costs to the State as-
sociated with collecting and maintaining 
such information; ensuring the complete-
ness, timeliness, and accuracy of such infor-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05153
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5154 
mation; and maintaining, enhancing, and 
operating the electronic systems that allow 
for the transmission of such information; 
and 
‘‘(ii) a fee for the right to use such in-
formation. 
‘‘(C) The Commissioner of Social Security 
shall not use amounts provided for a fiscal year 
in an appropriation Act under the heading 
‘Limitation on Administrative Expenses’ for the 
Social Security Administration for the amounts 
under paragraph (3)(A), except as the Commis-
sioner determines is necessary on a temporary 
basis and subject to reimbursement under such 
paragraph.’’; 
(2) in paragraph (3)(A), by striking ‘‘for the 
reasonable cost of carrying out such arrangement, 
and’’ and inserting ‘‘for— 
‘‘(i) the agency’s proportional share (as 
determined by the Commissioner in con-
sultation with the head of the agency) of— 
‘‘(I) the payments to States re-
quired under paragraph (2)(A); 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05154
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5155 
‘‘(II) the costs to the Commis-
sioner of developing the contracts de-
scribed in paragraph (1); and 
‘‘(III) the costs to the Commis-
sioner of carrying out the study re-
quired under section 802 of division 
FF of the Consolidated Appropriations 
Act, 2021; and 
‘‘(ii) the full documented cost to the 
Commissioner of developing such arrange-
ment and transmitting such information to 
the agency; and’’; 
(3) in paragraph (5)— 
(A) by striking ‘‘such records as may be cor-
rected under this section’’ and inserting ‘‘all in-
formation regarding deceased individuals fur-
nished to or maintained by the Commissioner 
under this subsection’’; and 
(B) by striking ‘‘by Federal and State agen-
cies’’ and inserting ‘‘by a Federal or State agen-
cy, provided that the requirements of subpara-
graphs (A) and (B) of paragraph (3) are met’’; 
(4) by redesignating paragraphs (7) through (9) 
as paragraphs (8) through (10), respectively, and in-
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05155
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5156 
serting after paragraph (6) the following new para-
graph: 
‘‘(7) In the event an individual is incorrectly 
identified as deceased in the records furnished by a 
State to the Commissioner of Social Security under 
this subsection and the individual provides the Com-
missioner with the necessary documentation to correct 
such identification, the Commissioner may— 
‘‘(A) notify the State of the error in the 
records so furnished; and 
‘‘(B) inform the individual of the source of 
the incorrect death data.’’; 
(5) in paragraph (9)(F), as so redesignated, by 
striking ‘‘the Commission’’ and inserting ‘‘the Com-
missioner’’; 
(6) in paragraph (10), as so redesignated— 
(A) by adjusting the left margin so as to 
align with the left margin of paragraph (9); and 
(B) in subparagraph (A)(i), by inserting ‘‘, 
provided that the requirements of subparagraphs 
(A) and (B) of paragraph (3) are met with re-
spect to such agreement’’ before the semicolon; 
and 
(7) by adding at the end the following new para-
graph: 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05156
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5157 
‘‘(11) During the 3-year period that begins on 
the effective date of this paragraph, the Commissioner 
of Social Security shall, to the extent feasible, provide 
information furnished to the Commissioner under 
paragraph (1) to the agency operating the Do Not 
Pay working system described in section 3354(c) of 
title 31, United States Code, to prevent improper 
payments to deceased individuals through a coopera-
tive arrangement with such agency, provided that the 
requirements of subparagraphs (A) and (B) of para-
graph (3) are met with respect to such arrangement 
with such agency.’’. 
(b) EFFECTIVE DATES.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
amendments made by this section shall take effect on 
the date of enactment of this Act. 
(2) DELAY.—The amendment made by para-
graph (7) of subsection (a) shall take effect on the date 
that is 3 years after the date of enactment of this Act. 
SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES 
AND ACCESS TO DEATH DATA. 
(a) STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Commissioner of Social Secu-
rity shall enter into an agreement with the National Acad-
emy of Public Administration to conduct an independent 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05157
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5158 
study of the current and potential sources for, and provision 
of access to, State-owned death data for limited use by Fed-
eral agencies and programs for purposes of program admin-
istration and payment integrity. Such study shall be per-
formed in consultation with State vital records agencies, 
the National Association for Public Health Statistics and 
Information Systems (NAPHSIS), the Commissioner of So-
cial Security, the agency operating the Do Not Pay working 
system described in section 3354(c) of title 31, United 
States Code, and other Federal agencies using such death 
data, as appropriate, and shall include the following: 
(1) Analysis of the following: 
(A) The sources and owners of the death 
data. 
(B) The timeliness, accuracy, and complete-
ness of State-owned death data, including the 
process for correcting inaccuracies . 
(C) Federal and State laws that may affect 
legal access to, and protections for, State-owned 
death data. 
(D) Federalism and the appropriate roles of 
the relevant Federal and State entities, including 
States’ role in recording vital records and the 
core mission and responsibility of any Federal 
agency involved. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05158
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5159 
(E) The costs incurred for each step of the 
death data collection, management, protection 
(legal and otherwise), and transmission proc-
esses, and the challenges to adequate funding of 
State vital records programs. 
(F) Unmet needs (if any) for these data 
among Federal agencies or programs. 
(G) Options for providing Federal agencies 
with limited access to State-owned death data, 
including Federal agencies contracting directly 
with States for access to such data or distribu-
tion of such data via the Commissioner of Social 
Security or another Federal agency or program, 
and corresponding options for appropriate reim-
bursement structures. 
(2) An assessment of the strengths and limita-
tions of the options for distribution and reimburse-
ment identified in paragraph (1)(G). 
(b) REPORT.—Upon completion of the study required 
under subsection (a), the Commissioner of Social Security 
shall transmit the study to the Committees on Ways and 
Means and Oversight and Reform of the House of Rep-
resentatives, and the Committees on Finance and Home-
land Security and Governmental Affairs of the Senate. 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05159
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133
5160 
TITLE 
IX—TELECOMMUNI-
CATIONS 
AND 
CONSUMER 
PROTECTION 
SEC. 
901. 
PERFORMANCE 
STANDARDS 
TO 
PROTECT 
AGAINST PORTABLE FUEL CONTAINER EX-
PLOSIONS NEAR OPEN FLAMES OR OTHER IG-
NITION SOURCES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Portable Fuel Container Safety Act of 2020’’. 
(b) STANDARDS.— 
(1) RULE ON SAFETY PERFORMANCE STANDARDS 
REQUIRED.—Not later than 30 months after the date 
of enactment of this Act, the Consumer Product Safe-
ty Commission (referred to in this Act as the ‘‘Com-
mission’’) shall promulgate a final rule to require 
flame mitigation devices in portable fuel containers 
that impede the propagation of flame into the con-
tainer, except as provided in paragraph (3). 
(2) RULEMAKING; CONSUMER PRODUCT SAFETY 
STANDARD.—A rule under paragraph (1)— 
(A) shall be promulgated in accordance 
with section 553 of title 5, United States Code; 
and 
VerDate Sep 11 2014 
22:37 Dec 23, 2020
Jkt 000000
PO 00000
Frm 05160
Fmt 6652
Sfmt 6203
Z:\116\ENGROSS\H133.EAH
h133