I 
116TH CONGRESS 
1ST SESSION H. R. 1075 
To amend the Higher Education Act of 1965 to amend the process by 
which students with certain special circumstances apply for Federal fi-
nancial aid. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2019 
Mr. CUMMINGS (for himself, Mr. RUPPERSBERGER, and Mr. SARBANES) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor 
A BILL 
To amend the Higher Education Act of 1965 to amend 
the process by which students with certain special cir-
cumstances apply for Federal financial aid. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘FAFSA Fairness Act 
of 2019’’. 
SEC. 2. PROVISIONAL INDEPENDENCE FOR CERTAIN STU-
DENTS. 
Section 483 of the Higher Education Act of 1965 (20 
U.S.C. 1090) is amended— 
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(1) in subsection (h)(1), by inserting the fol-
lowing before the semicolon: ‘‘, including the special 
circumstances under which a student may qualify for 
a determination of independence’’; and 
(2) by adding at the end the following: 
‘‘(i) PROVISIONAL INDEPENDENT STUDENTS.— 
‘‘(1) REQUIREMENTS FOR THE SECRETARY.— 
The Secretary shall— 
‘‘(A) enable each student who, based on 
the special circumstance specified in subsection 
(h)(1), may qualify for an adjustment under 
section 479A that will result in a determination 
of independence under such section and section 
480(d)(1)(I), to complete the forms developed 
by the Secretary under subsection (a) as an 
independent student for the purpose of a provi-
sional determination of the student’s Federal fi-
nancial aid award, but subject to verification 
under paragraph (2)(E) for the purpose of the 
final determination of the award; 
‘‘(B) upon completion of the forms devel-
oped by the Secretary under subsection (a), 
provide an estimate of the student’s Federal 
Pell Grant award, based on the assumption the 
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student is determined to be an independent stu-
dent; 
‘‘(C) ensure that, on each form developed 
under this section, there is a single and easily 
understood screening question to identify an ap-
plicant for aid who wishes to provisionally apply 
for independent status under sections 479A and 
480(d)(1)(I); and 
‘‘(D) specify, on the forms, the con-
sequences under section 490(a) of knowingly 
and willfully completing the forms as an inde-
pendent student under subparagraph (A) with-
out meeting the special circumstances to qualify 
for such a determination. 
‘‘(2) REQUIREMENTS FOR FINANCIAL AID AD-
MINISTRATORS.—With respect to a student accepted 
for admission who completes the forms as an inde-
pendent student under paragraph (1)(A), a financial 
aid administrator— 
‘‘(A) shall notify the student of the institu-
tional process and requirements for an adjust-
ment under sections 479A and 480(d)(1)(I) 
that will result in a determination of independ-
ence under such sections within a reasonable 
time after the student completes the forms de-
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veloped by the Secretary under subsection (a) 
as an independent student for the purpose of a 
provisional determination of the student’s Fed-
eral financial aid award; 
‘‘(B) may make an adjustment under sec-
tions 479A and 480(d)(1)(I) for a determina-
tion of independence in the absence of con-
flicting information; 
‘‘(C) shall provide a final determination of 
the student’s Federal financial aid award to the 
student in the same manner as, and by not 
later than the date that, the administrator pro-
vides most other provisionally independent stu-
dents their final determinations of Federal fi-
nancial aid awards, or during the award year in 
which the student initially submits an applica-
tion, whichever comes sooner; 
‘‘(D) shall, in making a final determination 
of the student’s Federal financial aid award, 
use the discretion provided under sections 479A 
and 480(d)(1)(I) to verify whether the student 
meets the special circumstances to qualify as an 
independent student; 
‘‘(E) in accordance with paragraph (B), 
may consider as adequate verification that a 
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student qualifies for an adjustment under sec-
tions 479A and 480(d)(1)(I)— 
‘‘(i) submission of a court order or of-
ficial Federal or State documentation that 
the student’s parent or legal guardian is 
incarcerated in any Federal or State penal 
institution; 
‘‘(ii) a documented phone call with, or 
a written statement from— 
‘‘(I) a child welfare agency au-
thorized by a State or county; 
‘‘(II) a Tribal child welfare au-
thority; 
‘‘(III) an independent living case 
worker; or 
‘‘(IV) a public or private agency, 
facility, or program serving the vic-
tims of abuse, neglect, assault, or vio-
lence; 
‘‘(iii) a documented phone call with, 
or a written statement from, an attorney, 
a guardian ad litem, or a court appointed 
special advocate, documenting that per-
son’s relationship to the student; 
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‘‘(iv) a documented phone call with, or 
a written statement from, a representative 
of a program under chapter 1 or 2 of sub-
part 2 of part A; or 
‘‘(v) submission of a copy of the stu-
dent’s biological or adoptive parents’ or 
legal guardians’— 
‘‘(I) certificates of death; or 
‘‘(II) verified obituaries; 
‘‘(F) if a student does not have, and can-
not get, documentation from any of the des-
ignated authorities described in subparagraph 
(E) of whether a student may qualify for an ad-
justment under sections 479A and 480(d)(1)(I) 
that will result in a determination of independ-
ence, may base the verification and final deter-
mination on— 
‘‘(i) a documented interview with the 
student that is limited to whether the stu-
dent meets the requirements, and not 
about the reasons for the student’s situa-
tions; and 
‘‘(ii) an attestation from the student 
that they meet the requirements, which in-
cludes a description of the approximate 
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dates that the student ended the financial 
or caregiving relationship with their parent 
or legal guardian, to the best of the stu-
dent’s knowledge; 
‘‘(G) retain all documents related to the 
adjustment 
under 
sections 
479A 
and 
480(d)(1)(I), including documented interviews, 
for the duration of the student’s enrollment at 
the institution and for a minimum of 1 year 
after the student is no longer enrolled at the in-
stitution; and 
‘‘(H) shall presume that any student who 
has obtained an adjustment under sections 
479A and 480(d)(1)(I) and a final determina-
tion of independence for a preceding award year 
at an institution to be independent for a subse-
quent award year at the same institution un-
less— 
‘‘(i) the student informs the institu-
tion that circumstances have changed; or 
‘‘(ii) the institution has specific con-
flicting information about the student’s 
independence.’’. 
Æ 
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