H. R. 133—1970 
‘‘SEC. 478. REGULATIONS; UPDATED TABLES. 
‘‘(a) AUTHORITY TO PRESCRIBE REGULATIONS RESTRICTED.—Not-
withstanding any other provision of law, the Secretary shall not 
have the authority to prescribe regulations to carry out this part 
except— 
‘‘(1) to prescribe updated tables in accordance with sub-
sections (b) through (g); and 
‘‘(2) with respect to the definition of cost of attendance 
under section 472, excluding section 472(a)(1). 
‘‘(b) INCOME
PROTECTION
ALLOWANCE
ADJUSTMENTS.—For 
award year 2023–2024 and each subsequent award year, the Sec-
retary shall publish in the Federal Register revised income protec-
tion 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 allow-
ances in each of such provisions, by a percentage equal to the 
percentage 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. 
‘‘(c) ADJUSTED NET WORTH OF A FARM OR BUSINESS.— 
‘‘(1) TABLE.—The table of the net worth of a farm or busi-
ness for purposes of making determinations 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 reflect the changes 
made pursuant to subparagraph (A). 
‘‘(d) ASSET PROTECTION ALLOWANCE.—For award year 2023– 
2024 and each subsequent award year, the Secretary 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 developed by determining the present value cost, rounded 
to the nearest $100, of an annuity that would provide, for each
H. R. 133—1971 
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 bene-
fits. 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; 
‘‘(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 percent-
age increase in the Consumer Price Index between April 2020 
and the April in the year prior to the beginning of such aca-
demic year, rounded to the nearest $100; and 
‘‘(2) by adjusting the other dollar amounts to reflect the 
changes made pursuant to paragraph (1). 
‘‘(f) CONSUMER PRICE INDEX DEFINED.—In this section, the term 
‘Consumer Price Index’ means the Consumer Price Index for All 
Urban Consumers published by the Department 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. 
‘‘(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 
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. 
‘‘(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:
H. R. 133—1972 
‘‘SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING. 
‘‘(a) IN GENERAL.—Notwithstanding any other provision 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 REPORTING.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (3), 
in carrying out section 483, the Secretary shall not use asset 
information from an eligible applicant or, as applicable, the 
parent or spouse of an eligible 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 student aid index under 
subsection (b) or (c) of section 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 (or equivalent successor schedules) with the 
Federal income tax return for the second preceding tax 
year, and— 
‘‘(i) do not file a Schedule C (or the equivalent 
successor schedule) with the Federal income tax return 
for the second preceding tax year; or 
‘‘(ii) file a Schedule C (or the equivalent 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 successor schedules), with the Federal income 
tax return for the second preceding tax year, and— 
‘‘(i) does not file a Schedule C (or the equivalent 
successor schedule) with the Federal income tax return 
for the second preceding tax year; or 
‘‘(ii) files a Schedule C (or the equivalent 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. 
‘‘(D) Is an applicant who, at any time during the pre-
vious 24-month period, received a benefit under a means- 
tested Federal benefit program (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 students’ 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.
H. R. 133—1973 
‘‘(4) DEFINITIONS.—In this section: 
‘‘(A) SCHEDULE
A.—The term ‘Schedule A’ means a 
form or information by a taxpayer to report itemized deduc-
tions. 
‘‘(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 taxpayer to report sales, 
exchanges or some involuntary 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 taxpayer to report income 
from rental properties, royalties, partnerships, S corpora-
tions, estates, trusts, and residual interests in real estate 
mortgage 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. 
‘‘(H) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The 
term ‘means-tested Federal benefit program’ means any 
of the following: 
‘‘(i) The supplemental security income program 
under title XVI of the Social Security Act (42 U.S.C. 
1381 et seq.). 
‘‘(ii) The supplemental nutrition assistance pro-
gram under the Food and Nutrition 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 assistance pro-
gram carried out under section 3(c) of the Act entitled 
‘An Act to authorize appropriations for certain insular 
areas of the United States, and for other purposes’ 
(Public 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 nutrition program 
for women, infants, and children 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 
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)).
H. R. 133—1974 
‘‘(vii) Other means-tested programs determined by 
the Secretary to be approximately consistent with the 
income eligibility requirements of the means-tested 
programs under clauses (i) through (vi).’’. 
(i) DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.— 
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 ADMINISTRA-
TORS. 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY
OF
FINANCIAL
AID
ADMINISTRATORS.—A 
financial aid administrator shall have the authority to, on 
the basis of adequate documentation, make adjustments to 
any or all of the following on a case-by-case basis: 
‘‘(A) For an applicant with special circumstances under 
subsection (b) to— 
‘‘(i) the cost of attendance; 
‘‘(ii) the values of the data used to calculate 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 circumstances 
under subsection (c), to the dependency status of such 
applicant. 
‘‘(2) LIMITATIONS ON AUTHORITY.— 
‘‘(A) USE OF AUTHORITY.—No institution of higher edu-
cation or financial aid administrator shall maintain a policy 
of denying all requests 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 administrator or for the review of 
a student or parent’s request for adjustments under this 
section including the review of any supplementary informa-
tion or documentation of a student or parent’s special cir-
cumstances or a student’s unusual circumstances. 
‘‘(C) RULE OF CONSTRUCTION.—The authority to make 
adjustments under paragraph (1)(A) shall not be construed 
to permit financial aid administrators to deviate from the 
cost of attendance, 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 unusual circumstances of an individual stu-
dent, and may include, to the extent relevant and appropriate— 
‘‘(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 paragraph (1)(B)— 
‘‘(i) submission of a court order or official Federal 
or State documentation that the student or the stu-
dent’s parents or legal guardians are incarcerated in 
any Federal or State penal institution;
H. R. 133—1975 
‘‘(ii) a documented phone call or a written state-
ment, which confirms the specific unusual cir-
cumstances with— 
‘‘(I) a child welfare agency authorized by a 
State or county; 
‘‘(II) a Tribal welfare authority or agency; 
‘‘(III) an independent living case worker, such 
as a case worker who supports current and former 
foster youth with the transition to adulthood; or 
‘‘(IV) a public or private agency, facility, or 
program servicing the victims of abuse, neglect, 
assault, or violence, which may include domestic 
violence; 
‘‘(iii) a documented phone call or a written state-
ment 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; 
‘‘(iv) a documented phone call or written statement 
from a representative under chapter 1 or 2 of subpart 
2 of part A, which confirms the specific unusual cir-
cumstances and documents the representative’s rela-
tionship to the student; 
‘‘(v) documents, such as utility bills or health insur-
ance documentation, that demonstrate a separation 
from parents or legal guardians; and 
‘‘(vi) in the absence of documentation described 
in this subparagraph, other documentation the finan-
cial aid administrator determines is adequate to con-
firm the unusual circumstances, pursuant to section 
480(d)(9); and 
‘‘(C) supplementary information, as necessary, about 
the financial status or personal circumstances of eligible 
applicants as it relates to the special circumstances or 
unusual circumstances based on which the applicant is 
requesting an adjustment. 
‘‘(4) SPECIAL RULE.—In making adjustments under para-
graph (1), a financial aid administrator may offer a dependent 
student financial assistance under a Federal Direct Unsub-
sidized Stafford Loan without requiring the parents of such 
student to provide their parent information on the Free Applica-
tion for Federal Student Aid if the student does not qualify 
for, or does not choose to use, the unusual circumstance option 
described in section 480(d)(9), and the financial aid adminis-
trator determines that the parents of such student ended finan-
cial support of such student or refuse to file such form. 
‘‘(5) PUBLIC DISCLOSURE.—Each institution of higher edu-
cation shall make publicly available information that students 
applying for aid under this title have the opportunity to pursue 
adjustments under this section. 
‘‘(b) 
ADJUSTMENTS
FOR
STUDENTS
WITH
SPECIAL
CIR-
CUMSTANCES.— 
‘‘(1) SPECIAL CIRCUMSTANCES FOR ADJUSTMENTS RELATED 
TO
PELL
GRANTS.—Special circumstances for adjustments to 
calculate a Federal Pell Grant award—
H. R. 133—1976 
‘‘(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— 
‘‘(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 Opportunity 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 return that substantially 
lower adjusted gross income, such as business, invest-
ment, or real estate losses; 
‘‘(v) receipt of foreign income of permanent resi-
dents or United States citizens exempt from Federal 
taxation, or the foreign 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 
‘‘(vii) other changes or adjustments in the income, 
assets, or size of a family, or a student’s dependency 
status. 
‘‘(2) SPECIAL CIRCUMSTANCES FOR ADJUSTMENTS RELATED 
TO
COST
OF
ATTENDANCE
AND
STUDENT
AID
INDEX.—Special 
circumstances for adjustments 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 section 472; 
‘‘(iv) recent unemployment of a family member 
or student; 
‘‘(v) a student or family member who is a dislocated 
worker (as defined in section 3 of the Workforce 
Innovation and Opportunity Act); 
‘‘(vi) the existence of additional family members 
enrolled in a degree, certificate, or other program 
leading to a recognized educational credential at an 
institution with a program participation agreement 
under section 487; 
‘‘(vii) a change in housing status that results in 
an individual being a homeless youth; 
‘‘(viii) a condition of severe disability of the stu-
dent, or in the case of a dependent student, the 
dependent student’s parent or guardian, or in the case
H. R. 133—1977 
of an independent student, the independent student’s 
dependent or spouse; 
‘‘(ix) unusual amount of claimed losses against 
income on the Federal tax return that substantially 
lower adjusted gross income, such as business, invest-
ment, or real estate losses; or 
‘‘(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 individual student 
from a group of students; and 
‘‘(B) based on unusual circumstances, pursuant to sec-
tion 480(d)(9). 
‘‘(2) PROVISIONAL INDEPENDENT STUDENTS.— 
‘‘(A) REQUIREMENTS
FOR
THE
SECRETARY.—The Sec-
retary shall— 
‘‘(i) enable each student who, based on an unusual 
circumstance described in section 480(d)(9), may 
qualify for an adjustment under subsection (a)(1)(B) 
that will result in a determination of independence 
under this section or section 479D to complete the 
Free Application for Federal Student Aid as an inde-
pendent student for the purpose of a provisional deter-
mination of the student’s Federal financial aid award, 
with the final determination of the award subject to 
the documentation requirements of subsection (a)(3); 
‘‘(ii) upon completion of the Free Application for 
Federal Student Aid provide an estimate of the stu-
dent’s Federal Pell Grant award, and other information 
as specified in section 483(a)(3)(A), based on the 
assumption that the student is determined 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 willfully completing the Free Applica-
tion for Federal Student Aid as an independent student 
under clause (i) without meeting the unusual cir-
cumstances to qualify for such a determination. 
‘‘(B) REQUIREMENTS FOR FINANCIAL AID ADMINISTRA-
TORS.—With respect to a student accepted for admission 
who completes the Free Application for Federal Student 
Aid as an independent student under subparagraph (A), 
a financial aid administrator shall— 
‘‘(i) notify the student of the institutional process, 
requirements, and timeline for an adjustment under 
this section and section 480(d)(9) that will result in 
a review of the student’s request for an adjustment 
and a determination of the student’s dependency status 
under such sections within a reasonable time after 
the student completes the Free Application for Federal 
Student Aid; 
‘‘(ii) provide the student a final determination of 
the student’s dependency status and Federal financial
H. R. 133—1978 
aid award as soon as practicable after all requested 
documentation is provided; 
‘‘(iii) retain all documents related to the adjust-
ment under this section and section 480(d)(9), including 
documented interviews, for at least the duration of 
the student’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 section and section 480(d)(9) 
and a final determination of independence for any pre-
ceding award year at an institution of higher education 
to be independent for each subsequent award year 
at the same institution unless— 
‘‘(I) the student informs the institution that 
circumstances have changed; or 
‘‘(II) the institution has specific conflicting 
information about the student’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 
Unsubsidized Stafford Loan for that award year unless 
such student subsequently completes the Free Application 
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 accordance with this section 
if— 
‘‘(1) the administrator makes adjustments excluding from 
family income or assets any proceeds or losses from a sale 
of farm or business assets of a family if such sale results 
from a voluntary or involuntary foreclosure, forfeiture, or bank-
ruptcy or a voluntary 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 
incurred as a result of such disability. 
‘‘(e) REFUSAL OR ADJUSTMENT OF LOAN CERTIFICATIONS.—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 determined under this part), if the reason for the 
action is documented and provided in writing to the student. No 
eligible institution shall discriminate against any borrower or 
applicant in obtaining a loan on the basis of race, ethnicity, national 
origin, religion, sex, marital status, age, or disability status. 
‘‘(f) SPECIAL
RULE
REGARDING
PROFESSIONAL
JUDGMENT 
DURING A DISASTER, EMERGENCY, OR ECONOMIC DOWNTURN.— 
‘‘(1) IN GENERAL.—For the purposes of making a profes-
sional judgment under this section, financial aid administrators 
may, during a qualifying emergency— 
‘‘(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
H. R. 133—1979 
benefits or confirmation that an application for unemploy-
ment benefits was submitted; and 
‘‘(B) make additional appropriate adjustments to the 
income earned from work for a student, 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 documenting 
unemployment under paragraph (1), documentation 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 financial aid administrator knows that the student, 
parent, or spouse, as applicable, has already obtained other 
employment. 
‘‘(3) PROGRAM REVIEWS.—The Secretary shall make adjust-
ments to the model used to select institutions of higher edu-
cation 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 subsection, the term 
‘qualifying emergency’ means— 
‘‘(A) an event for which the President declared a major 
disaster or an emergency under section 401 or 501, respec-
tively, of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170 and 5191); 
‘‘(B) a national emergency related to the coronavirus 
declared by the President under section 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 Sec-
retary of Labor.’’. 
(j) DISREGARD OF STUDENT AID IN OTHER PROGRAMS.—Section 
479B of the Higher Education Act of 1965 (20 U.S.C. 1087uu) 
is amended to read as follows: 
‘‘SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS. 
‘‘Notwithstanding any other provision of law, student financial 
assistance received under this title, Bureau of Indian Education 
student assistance programs, and employment and training pro-
grams under section 134 of the Workforce Innovation and Oppor-
tunity 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 performed 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
H. R. 133—1980 
Indian Tribal Judgment Funds Use or Distribution Act (25 
U.S.C. 1401 et seq.); and 
‘‘(2) any income received by the student (and spouse) and 
student’s parents under the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.) or the Maine Indian Claims Settle-
ment Act of 1980 (25 U.S.C. 1721 et seq.). 
‘‘(b) GUIDANCE.—The Secretary shall develop guidance, in con-
sultation with Tribal Colleges and Universities (as defined in section 
316) and the State higher education agency in Alaska and Maine, 
to implement the determination under subsection (a) without adding 
additional questions to the FAFSA, including through the use of 
the authority 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 independence under section 
480(d)(8), a financial aid administrator shall comply with the fol-
lowing: 
‘‘(1) Consider documentation of the student’s circumstance 
to be adequate in the absence of documented conflicting 
information, if such documentation is provided through a docu-
mented phone call, written statement, or verifiable electronic 
data match by— 
‘‘(A) a local educational agency homeless liaison, des-
ignated 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 transitional 
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 Readi-
ness 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 another institution 
who documented the student’s circumstance in a prior 
award year. 
‘‘(2) If a student is unable to provide documentation from 
any individual described in paragraph (1), make a case-by- 
case determination, which shall be— 
‘‘(A) based on a written statement from, or a docu-
mented interview with, the student that confirms that the 
student is an unaccompanied homeless youth, or unaccom-
panied, at risk of homelessness, and self-supporting; and 
‘‘(B) made without regard to the reasons that the stu-
dent is an unaccompanied homeless youth, or unaccom-
panied, at risk of homelessness, and self-supporting. 
‘‘(3) Consider a determination made under this subsection 
as distinct from a determination of independence under section 
480(d)(9).
H. R. 133—1981 
‘‘(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 fol-
lowing as adequate documentation, in the absence of documented 
conflicting information: 
‘‘(1) Submission of a court order or official State documenta-
tion 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— 
‘‘(A) a State, county, or tribal agency administering 
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 statement 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 student. 
‘‘(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 statement from 
a financial aid administrator who documented the student’s 
circumstance in a prior award year. 
‘‘(c) TIMING.—A determination of independence under para-
graph (2), (8), or (9) of section 480(d) for a student— 
‘‘(1) shall be made as quickly as practicable; 
‘‘(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 application. 
‘‘(d) USE OF EARLIER DETERMINATIONS.— 
‘‘(1) EARLIER
DETERMINATION
BY
THE
INSTITUTION.—Any 
student who is determined to be independent 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 subsequent award year at the same institution unless— 
‘‘(A) the student informs the institution that cir-
cumstances have changed; or 
‘‘(B) the institution has specific conflicting information 
about the student’s independence and has informed the 
student of this information. 
‘‘(2) EARLIER DETERMINATION BY ANOTHER INSTITUTION.— 
A financial aid administrator may make a determination of 
independence pursuant to section 479A(c), based upon a docu-
mented determination of independence that was previously 
made by another financial aid administrator under such para-
graph in the same award year.
H. R. 133—1982 
‘‘(e) RETENTION OF DOCUMENTS.—A financial aid administrator 
shall retain all documents related to any determination of independ-
ence, including documented interviews, for at least the duration 
of the student’s enrollment and an additional period prescribed 
by the Secretary to enable 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 indicate 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— 
‘‘(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 payments 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 dis-
tributions; 
‘‘(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 BENEFITS.—(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 veterans’ 
benefits under the following provisions of law: 
‘‘(A) Chapter 103 of title 10, United States Code (Senior 
Reserve Officers’ Training Corps). 
‘‘(B) Chapter 106A of title 10, United States Code (Edu-
cational Assistance for Persons Enlisting for Active Duty). 
‘‘(C) Chapter 1606 of title 10, United States Code (Selected 
Reserve Educational Assistance Program). 
‘‘(D) Chapter 1607 of title 10, United States Code (Edu-
cational Assistance Program for Reserve Component Members 
Supporting Contingency Operations and Certain Other Oper-
ations). 
‘‘(E) Chapter 30 of title 38, United States Code (All-Volun-
teer Force Educational Assistance Program, also known as the 
‘Montgomery GI Bill—active duty’).
H. R. 133—1983 
‘‘(F) Chapter 31 of title 38, United States Code (Training 
and Rehabilitation for Veterans with Service-Connected Disabil-
ities). 
‘‘(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). 
‘‘(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) (Educational Assistance Pilot 
Program). 
‘‘(K) Section 156(b) of the ‘Joint Resolution making further 
continuing appropriations and providing for productive employ-
ment 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 DETERMINATIONS.—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; 
‘‘(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 individ-
ual’s State of legal residence; 
‘‘(4) is a veteran of the Armed Forces of the United States 
(as defined in subsection (c)) or is currently 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 unaccom-
panied, at risk of homelessness, and self-supporting, without 
regard to such individual’s age; and 
‘‘(9) is a student for whom a financial aid administrator 
makes a documented determination of independence by reason 
of other unusual circumstances 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 
includes circumstances of— 
‘‘(A) human trafficking, as described in the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); 
‘‘(B) legally granted refugee or asylum status; 
‘‘(C) parental abandonment or estrangement; or 
‘‘(D) student or parental incarceration. 
‘‘(e) EXCLUDABLE
INCOME.—The term ‘excludable income’ 
means—