Title: FAFSA Simplification Technical Corrections Act
Policy area: Education

Summary:
FAFSA Simplification Technical Corrections Act
This bill allows the Department of Education to waive specified procedural requirements regarding the implementation of certain changes to the Free Application for Federal Student Aid. The bill also allows an institution of higher education, for purposes of calculating federal student-aid eligibility, to include in a student's cost of attendance the average cost (instead of the specific cost) of a loan fee, origination fee, or insurance premium.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1440 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1440

     To make technical corrections to the FAFSA Simplification Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2021

Ms. Hassan (for herself and Mr. Scott of South Carolina) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To make technical corrections to the FAFSA Simplification Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FAFSA Simplification Technical 
Corrections Act''.

SEC. 2. EARLY IMPLEMENTATION OF FAFSA SIMPLIFICATION.

    (a) FAFSA Simplification Act.--The FAFSA Simplification Act (title 
VII of division FF of Public Law 116-260) is amended--
            (1) in section 702--
                    (A) in subsection (n), by adding at the end the 
                following:
            ``(3) Implementation.--In carrying out the amendments made 
        by paragraph (1)(A)(i), and paragraph (1)(A)(iv) to add 
        subsection (s) to section 484 of the Higher Education Act of 
        1965, or any regulations promulgated under such amendments, the 
        Secretary of Education may waive the application of--
                    ``(A) subchapter I of chapter 35 of title 44, 
                United States Code (commonly known as the `Paperwork 
                Reduction Act');
                    ``(B) the master calendar requirements under 
                section 482 of the Higher Education Act of 1965 (20 
                U.S.C. 1089);
                    ``(C) negotiated rulemaking under section 492 of 
                the Higher Education Act of 1965 (20 U.S.C. 1098a); and
                    ``(D) the requirement to publish the notices 
                related to the system of records of the agency before 
                implementation required under paragraphs (4) and (11) 
                of section 552a(e) of title 5, United States Code 
                (commonly known as the `Privacy Act of 1974'), except 
                that the notices shall be published not later than 180 
                days after the date of implementation of the 
                amendments, as determined in accordance with paragraph 
                (2).''; and
                    (B) by adding at the end the following:
    ``(q) Early Effective Date; Implementation.--
            ``(1) Effective date.--Notwithstanding section 701(b) of 
        this title, the Secretary of Education may implement the 
        amendment made by subsection (l)(1) of this section, which 
        pertains only to foster youth and unaccompanied homeless youth, 
        before (but not later than) July 1, 2023. The Secretary shall 
        specify in a designation on what date, under what conditions, 
        and for which award years the Secretary will implement such 
        amendment prior to July 1, 2023. The Secretary shall publish 
        any designation under this paragraph in the Federal Register at 
        least 60 days before implementation.
            ``(2) Implementation.--In carrying out the amendment made 
        by made by subsection (l)(1) of this section, which pertains 
        only to foster youth and unaccompanied homeless youth, or any 
        regulations promulgated under such amendment, which pertains 
        only to foster youth and unaccompanied homeless youth, the 
        Secretary of Education may waive the application of--
                    ``(A) subchapter I of chapter 35 of title 44, 
                United States Code (commonly known as the `Paperwork 
                Reduction Act');
                    ``(B) the master calendar requirements under 
                section 482 of the Higher Education Act of 1965 (20 
                U.S.C. 1089);
                    ``(C) negotiated rulemaking under section 492 of 
                the Higher Education Act of 1965 (20 U.S.C. 1098a); and
                    ``(D) the requirement to publish the notices 
                related to the system of records of the agency before 
                implementation required under paragraphs (4) and (11) 
                of section 552a(e) of title 5, United States Code 
                (commonly known as the `Privacy Act of 1974'), except 
                that the notices shall be published not later than 180 
                days after the date of implementation of the amendment, 
                as determined in accordance with paragraph (1).''; and
            (2) in section 705, by adding at the end the following:
    ``(c) Implementation.--In carrying out the repeal made by 
subsection (a), or any regulations promulgated under such repeal, the 
Secretary of Education may waive the application of--
            ``(1) subchapter I of chapter 35 of title 44, United States 
        Code (commonly known as the `Paperwork Reduction Act');
            ``(2) the master calendar requirements under section 482 of 
        the Higher Education Act of 1965 (20 U.S.C. 1089);
            ``(3) negotiated rulemaking under section 492 of the Higher 
        Education Act of 1965 (20 U.S.C. 1098a); and
            ``(4) the requirement to publish the notices related to the 
        system of records of the agency before implementation required 
        under paragraphs (4) and (11) of section 552a(e) of title 5, 
        United States Code (commonly known as the `Privacy Act of 
        1974'), except that the notices shall be published not later 
        than 180 days after the date of implementation of the repeal, 
        as determined in accordance with subsection (b).''.
    (b) Technical Amendment to Cost of Attendance.--
            (1) In general.--Section 472(a)(13) of the Higher Education 
        Act of 1965, as amended by section 702(b) of the FAFSA 
        Simplification Act (title VII of division FF of Public Law 116-
        260), is amended by inserting ``, or the average cost of any 
        such fee or premium, as applicable'' after ``on such loan''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in section 702 of the FAFSA 
        Simplification Act (title VII of division FF of Public Law 116-
        260) and subject to the effective date of section 701(b) of 
        such Act.
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