Financial Aid Form Simplification and Access Act
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5163-5168)
May 12, 2005
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Introduced in Senate
May 12, 2005
Sponsor introductory remarks on measure. (CR S5160-5161)
May 12, 2005
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5163-5168)
May 12, 2005
Floor Debate
20 membersWhat members said about S. 1030 on the floor




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Floor Debate
20 membersWhat members said about S. 1030 on the floor
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Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1030 Introduced in Senate (IS)]
1st Session
S. 1030
To amend the Higher Education Act of 1965 to simplify and improve the
process of applying for student assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2005
Mr. Reed (for himself, Ms. Collins, Mr. Kennedy, and Mrs. Murray)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to simplify and improve the
process of applying for student assistance, and for other purposes.
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 ``Financial Aid Form Simplification
and Access Act''.
SEC. 2. SIMPLIFIED NEEDS TEST AND AUTOMATIC ZERO IMPROVEMENTS.
(a) Simplified Needs Test.--Section 479 of the Higher Education Act
of 1965 (20 U.S.C. 1087ss) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (A)(i) and
inserting the following:
``(i) the student's parents--
``(I) file, or are eligible to
file, a form described in paragraph
(3);
``(II) certify that they are not
required to file an income tax return;
``(III) 1 of whom is a dislocated
worker; or
``(IV) or the student received
benefits at some time during the
previous 24-month period under a means-
tested Federal benefit program as
defined under subsection (d); and'';
and
(ii) by striking subparagraph (B)(i) and
inserting the following:
``(i) the student (and the student's
spouse, if any)--
``(I) files, or is eligible to
file, a form described in paragraph
(3);
``(II) certifies that the student
(and the student's spouse, if any) is
not required to file an income tax
return;
``(III) is a dislocated worker; or
``(IV) received benefits at some
time during the previous 24-month
period under a means-tested Federal
benefit program as defined under
subsection (d); and''; and
(B) in paragraph (3), by striking ``A student or
family files a form described in this subsection, or
subsection (c), as the case may be, if the student or
family, respectively, files'' and inserting ``In the
case of an independent student, the student, or in the
case of a dependent student, the family, files a form
described in this subsection, or subsection (c), as the
case may be, if the student or family, as appropriate,
files'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) the student's parents--
``(i) file, or are eligible to file, a form
described in subsection (b)(3);
``(ii) certify that they are not required
to file an income tax return;
``(iii) 1 of whom is a dislocated worker;
or
``(iv) or the student received benefits at
some time during the previous 24-month period
under a means-tested Federal benefit program as
defined under subsection (d); and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) the sum of the adjusted gross income of the
parents is less than or equal to $25,000; or'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) the student (and the student's spouse, if
any)--
``(i) files, or is eligible to file, a form
described in subsection (b)(3);
``(ii) certifies that the student (and the
student's spouse, if any) is not required to
file an income tax return;
``(iii) is a dislocated worker; or
``(iv) received benefits at some time
during the previous 24-month period under a
means-tested Federal benefit program as defined
under subsection (d); and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) the sum of the adjusted gross income of the
student and spouse (if appropriate) is less than or
equal to $25,000.''; and
(C) by striking the flush matter at the end and
inserting the following:
``The Secretary shall annually adjust the income level necessary to
qualify an applicant for the zero expected family contribution. The
income level shall be adjusted according to increases in the Consumer
Price Index, as defined in section 478(f).''; and
(3) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) Dislocated worker.--The term `dislocated worker' has
the same meaning given the term in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801).
``(2) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a mandatory
spending program of the Federal Government in which eligibility
for the program's benefits, or the amount of such benefits, or
both, are determined on the basis of income or resources of the
individual or family seeking the benefit, and includes the
supplemental security income program under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), the food stamp
program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.), and the free and reduced price school lunch program
established under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).''.
(b) Discretion of Student Financial Aid Administrators.--Section
479A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087tt(a)) is
amended in the third sentence by inserting ``a family member who is a
dislocated worker (as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801)),'' after ``recent unemployment
of a family member,''.
(c) Reporting Requirements.--
(1) Eligibility guidelines.--The Secretary of Education
shall regularly evaluate the impact of the eligibility
guidelines in subsections (b)(1)(A)(i), (b)(1)(B)(i),
(c)(1)(A), and (c)(2)(A) of section 479 of the Higher Education
Act of 1965 (20 U.S.C. 1087ss(b)(1)(A)(i), (b)(1)(B)(i),
(c)(1)(A), and (c)(2)(A)).
(2) Means-tested federal benefit program.--The Secretary
shall evaluate every 3 years the impact of including whether a
student or parent received benefits under a means-tested
Federal benefit program (as defined in section 479(d) of the
Higher Education Act of 1965 (20 U.S.C. 1087ss(d)) as a factor
in determining eligibility under subsections (b) and (c) of
section 479 of the Higher Education Act of 1965 (20 U.S.C.
1087ss(b) and (c)).
SEC. 3 IMPROVING PAPER AND ELECTRONIC FORMS.
(a) Simplified Needs Test.--Section 479(a) of the Higher Education
Act of 1965 (20 U.S.C. 1087ss(a)) is amended by adding at the end the
following:
``(3) Simplified forms.--The Secretary shall make special
efforts to notify families meeting the requirements of
subsection (c) that such families may use the EZ FAFSA
described in section 483(a)(2)(B) and notify families meeting
the requirements of subsection (b) that such families may use
the simplified electronic application form described in section
483(a)(3)(B).''.
(b) Common Financial Aid Form Development and Processing.--Section
483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1), (2), and (5);
(B) by redesignating paragraphs (3), (4), (6), and
(7), as paragraphs (8), (9), (10), and (11),
respectively;
(C) by inserting before paragraph (8), as
redesignated by subparagraph (B), the following:
``(1) In general.--
``(A) Common financial reporting forms.--The
Secretary, in cooperation with representatives of
agencies and organizations involved in student
financial assistance, shall produce, distribute, and
process free of charge common financial reporting forms
as described in this subsection to be used for
application and reapplication to determine the need and
eligibility of a student for financial assistance under
parts A through E (other than subpart 4 of part A).
These forms shall be made available to applicants in
both paper and electronic formats and shall be referred
to (except as otherwise provided in this subsection) as
the `Free Application for Federal Student Aid' or
`FAFSA'.
``(B) Early analysis.--The Secretary shall permit
an applicant to complete a form described in this
subsection prior to enrollment in order to obtain an
estimate from the Secretary of the applicant's expected
family contribution, as defined in section 473. Such
applicant shall be permitted to update information
submitted on a form described in this subsection
completed prior to enrollment using the process
described in paragraph (4).
``(2) Paper format.--
``(A) In general.--Subject to subparagraph (C), the
Secretary shall produce, distribute, and process common
forms in paper format to meet the requirements of
paragraph (1). The Secretary shall develop a common
paper form for applicants who do not meet the
requirements of subparagraph (B).
``(B) EZ FAFSA.--
``(i) In general.--The Secretary shall
develop and use a simplified paper application
form, to be known as the `EZ FAFSA', to be used
for applicants meeting the requirements of
section 479(c).
``(ii) Reduced data requirements.--The EZ
FAFSA shall permit an applicant to submit for
financial assistance purposes, only the data
elements required to make a determination of
whether the applicant meets the requirements
under section 479(c).
``(iii) State data.--The Secretary shall
include on the EZ FAFSA space for information
that is required of an applicant to be eligible
for State financial assistance, as provided
under paragraph (5), except the Secretary shall
not include a State's data if that State does
not permit its applicants for State assistance
to use the EZ FAFSA.
``(iv) Free availability and processing.--
The provisions of paragraph (6) shall apply to
the EZ FAFSA, and the data collected by means
of the EZ FAFSA shall be available to
institutions of higher education, guaranty
agencies, and States in accordance with
paragraph (8).
``(v) Testing.--The Secretary shall conduct
appropriate field testing on the EZ FAFSA.
``(C) Phasing out the paper form for students who
do not meet the requirements of the automatic zero
expected family contribution.--
``(i) In general.--The Secretary shall make
all efforts to encourage all applicants to
utilize the electronic forms described in
paragraph (3).
``(ii) Phaseout of full paper fafsa.--Not
later than 5 years after the date of enactment
of the Financial Aid Form Simplification and
Access Act, to the extent practicable, the
Secretary shall phaseout the printing of the
full paper Free Application for Federal Student
Aid described in subparagraph (A) and used by
applicants who do not meet the requirements of
the EZ FAFSA described in subparagraph (B).
``(iii) Availability of full paper fafsa.--
``(I) In general.--Prior to and
after the phaseout described in clause
(ii), the Secretary shall maintain an
online printable version of the paper
forms described in subparagraphs (A)
and (B).
``(II) Accessibility.--The online
printable version described in
subclause (I) shall be made easily
accessible and downloadable to students
on the same website used to provide
students with the electronic
application forms described in
paragraph (3).
``(III) Submission of forms.--The
Secretary shall enable, to the extent
practicable, students to submit a form
described in this clause that is
downloaded and printed in order to meet
the filing requirements of this section
and to receive aid from programs
established under this title.
``(iv) Use of savings to address the
digital divide.--
``(I) In general.--The Secretary
shall utilize savings accrued by
phasing out the full paper Free
Application for Federal Student Aid and
moving more applicants to the
electronic forms, to improve access to
the electronic forms for applicants
meeting the requirements of section
479(c).
``(II) Report.--The Secretary shall
report annually to the Committee on
Health, Education, Labor, and Pensions
of the Senate and the Committee on
Education and the Workforce of the
House of Representatives on steps taken
to eliminate the digital divide and on
the phaseout of the full paper Free
Application for Federal Student Aid
described in subparagraph (A). The
report shall specifically address the
impact of the digital divide on
independent students, adults, and
dependent students, including students
completing applications described in
this paragraph and paragraphs (3) and
(4).
``(3) Electronic format.--
``(A) In general.--
``(i) Establishment.--The Secretary shall
produce, distribute, and process common
financial reporting forms in electronic format
(such as through a website called `FAFSA on the
Web') to meet the requirements of paragraph
(1). The Secretary shall include an electronic
version of the EZ FAFSA form for applicants who
meet the requirements of paragraph (2)(B) and
develop common electronic forms for applicants
who meet the requirements of subparagraph (B)
and common electronic forms for applicants who
do not meet the requirements of subparagraph
(B).
``(ii) State data.--The Secretary shall
include on the common electronic forms
described in clause (i) space for information
that is required of an applicant to be eligible
for State financial assistance, as provided
under paragraph (5). The Secretary may not
require an applicant to complete data required
by any State other than the applicant's State
of residence.
(iii) Streamlined format.--The Secretary
shall use, to the fullest extent practicable,
all available technology to ensure that a
student answers only the minimum number of
questions necessary.
``(B) Simplified application.--
``(i) In general.--The Secretary shall
develop and use a simplified electronic
application form to be used by applicants
meeting the requirements under section 479(b).
``(ii) Reduced data requirements.--The
simplified electronic application form shall
permit an applicant to submit for financial
assistance purposes, only the data elements
required to make a determination of whether the
applicant meets the requirements under section
479(b).
``(iii) State data.--The Secretary shall
include on the simplified electronic
application form space for information that is
required of an applicant to be eligible for
State financial assistance, as provided under
paragraph (5), except the Secretary shall not
include a State's data if that State does not
permit its applicants for State assistance to
use the simplified electronic application form.
``(iv) Free availability and processing.--
The provisions of paragraph (6) shall apply to
the simplified electronic application form, and
the data collected by means of the simplified
electronic application form shall be available
to institutions of higher education, guaranty
agencies, and States in accordance with
paragraph (8).
``(v) Testing.--The Secretary shall conduct
appropriate field testing on the form developed
under this subparagraph.
``(C) Rule of construction.--Nothing in this
subsection shall be construed to prohibit the use of
the form developed by the Secretary pursuant to this
paragraph by an eligible institution, eligible lender,
guaranty agency, State grant agency, private computer
software providers, a consortium of such entities, or
such other entities as the Secretary may designate.
``(D) Privacy.--The Secretary shall ensure that
data collection under this paragraph complies with
section 552a of title 5, United States Code, and that
any entity using the electronic version of the forms
developed by the Secretary pursuant to this paragraph
shall maintain reasonable and appropriate
administrative, technical, and physical safeguards to
ensure the integrity and confidentiality of the
information, and to protect against security threats,
or unauthorized uses or disclosures of the information
provided on the electronic version of the form. Data
collected by such electronic version of the form shall
be used only for the application, award, and
administration of aid awarded under this title, State
aid, or aid awarded by eligible institutions or such
entities as the Secretary may designate. No data
collected by such electronic version of the form shall
be used for making final aid awards under this title
until such data have been processed by the Secretary or
a contractor or designee of the Secretary, except as
may be permitted under this title.
``(E) Signature.--Notwithstanding any other
provision of this Act, the Secretary may permit an
electronic form to be submitted without a signature, if
a signature is subsequently submitted by the applicant.
``(F) Personal identification numbers authorized.--
The Secretary is authorized to assign to applicants
personal identification numbers--
``(i) to enable the applicants to use such
numbers in lieu of a signature for purposes of
completing a form under this paragraph; and
``(ii) for any purpose determined by the
Secretary to enable the Secretary to carry out
this title.
``(4) Reapplication.--
``(A) In general.--The Secretary shall develop
streamlined reapplication forms and processes,
including both paper and electronic reapplication
processes, consistent with the requirements of this
subsection, for an applicant who applies for financial
assistance under this title in the next succeeding
academic year subsequent to the year in which such
applicant first applied for financial assistance under
this title.
``(B) Updated.--The Secretary shall determine, in
cooperation with States, institutions of higher
education, and agencies and organizations involved in
student financial assistance, the data elements that
can be updated from the previous academic year's
application.
``(C) Rule of construction.--Nothing in this title
shall be construed as limiting the authority of the
Secretary to reduce the number of data elements
required of reapplicants.
``(D) Zero family contribution.--Applicants
determined to have a zero family contribution pursuant
to section 479(c) shall not be required to provide any
financial data in a reapplication form, except that
which is necessary to determine eligibility under such
section.
``(5) State requirements.--
``(A) In general.--The Secretary shall include on
the forms developed under this subsection, such State-
specific data items as the Secretary determines are
necessary to meet State requirements for need-based
State aid. Such items shall be selected in consultation
with States to assist in the awarding of State
financial assistance in accordance with the terms of
this subsection. The number of such data items shall
not be less than the number included on the form on
October 7, 1998, unless States notify the Secretary
that they no longer require those data items for the
distribution of State need-based aid.
``(B) Annual review.--The Secretary shall conduct
an annual review process to determine which forms and
data items the States require to award need-based State
aid and other application requirements that the States
may impose.
``(C) Federal register notice.--The Secretary shall
publish on an annual basis a notice in the Federal
Register requiring each State agency to inform the
Secretary--
``(i) if the agency is unable to permit
applicants to utilize the forms described in
paragraphs (2)(B) and (3)(B); and
``(ii) of the State-specific data that the
agency requires for delivery of State need-
based financial aid.
``(D) State notification to the secretary.--
``(i) In general.--Each State shall notify
the Secretary--
``(I) whether the State permits an
applicant to file a form described in
paragraph (2)(B) or (3)(B) for purposes
of determining eligibility for State
need-based grant aid; and
``(II) of the State-specific data
that the State requires for delivery of
State need-based financial aid.
``(ii) No permission.--In the event that a
State does not permit an applicant to file a
form described in paragraph (2)(B) or (3)(B)
for purposes of determining eligibility for
State need-based grant aid--
``(I) the State shall notify the
Secretary if it is not permitted to do
so because of either State law or
because of agency policy; and
``(II) the notification under
subclause (I) shall include an estimate
of the program cost to permit
applicants to complete the forms
described in paragraphs (2)(B) and
(3)(B).
``(iii) Lack of notification by the
state.--If a State does not notify the
Secretary pursuant to clause (i), the Secretary
shall--
``(I) permit residents of that
State to complete the forms described
in paragraphs (2)(B) and (3)(B); and
``(II) not require any resident of
that State to complete any data
previously required by that State.
``(E) Restriction.--The Secretary shall not require
applicants to complete any nonfinancial data or
financial data that are not required by the applicant's
State agency, except as may be required for applicants
who use the paper forms described in subparagraphs (A)
and (B) of paragraph (2).
``(6) Charges to students and parents for use of forms
prohibited.--The common financial reporting forms prescribed by
the Secretary under this subsection 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 private software provider, or any
other public or private entity for the collection, processing,
or delivery of financial aid through the use of such forms. The
need and eligibility of a student for financial assistance
under parts A through E (other than under subpart 4 of part A)
may only be determined by using a form developed by the
Secretary pursuant to this subsection. No student may receive
assistance under parts A through E (other than under subpart 4
of part A), except by use of a form developed by the Secretary
pursuant to this subsection. No data collected on a paper or
electronic form or other document, which the Secretary
determines was created to replace a form prescribed under this
subsection and therefore violates the integrity of a simplified
and free financial aid application process, for which a fee is
charged shall be used to complete the form prescribed under
this subsection. No person, commercial entity, or other entity
shall request, obtain, or utilize an applicant's Personal
Identification Number for purposes of submitting an application
on an applicant's behalf except State agencies that have
entered into an agreement with the Secretary to streamline
applications, eligible institutions, or programs under this
title as permitted by the Secretary.
``(7) Application processing cycle.--The Secretary shall,
prior to January 1 of a student's planned year of enrollment to
the extent practicable--
``(A) enable the student to submit a form described
under this subsection in order to meet the filing
requirements of this section and receive aid from
programs under this title; and
``(B) initiate the processing of a form under this
subsection submitted by the student.''; and
(D) by adding at the end the following:
``(12) Early application and award demonstration program.--
``(A) In general.--Not later than 2 years after the
date of enactment of this paragraph, the Secretary
shall implement an early application demonstration
program enabling dependent students to--
``(i) complete applications under this
subsection in such students' junior year of
secondary school, or in the academic year that
is 2 years prior to such students' intended
year of enrollment at an institution of higher
education; and
``(ii) be eligible to receive aid under
this title, aid from participants under this
paragraph, State financial assistance as
provided under section 415C, and other aid
provided by participating institutions through
the submission of an application as described
in clause (i).
``(B) Purpose.--The purpose of the demonstration
program under this paragraph is to measure the
benefits, in terms of student aspirations and plans to
attend college, and the adverse effects, in terms of
program costs, integrity, distribution, and delivery of
aid under this title, of implementing an early
application system for all dependent students that
allows dependent students to apply for financial aid
using information from the year prior to the year prior
to enrollment at an institution of higher education.
Additional objectives associated with implementation of
the demonstration program are the following:
``(i) Measure the feasibility of enabling
dependent students to apply for Federal, State,
and institutional financial aid in such
students' junior year of secondary school,
using information from the year prior to the
year prior to enrollment, by completing any of
the application forms under this subsection.
``(ii) Determine the feasibility, benefits,
and adverse effects of implementing a data
match with the Internal Revenue Service.
``(iii) Identify whether receiving final
financial aid awards not later than the fall of
a student's senior year positively impacts the
college aspirations and plans of such student.
``(iv) Measure the impact of using income
information from the year prior to the year
prior to enrollment on--
``(I) eligibility for financial aid
under this title and for other
institutional aid; and
``(II) the cost of financial aid
programs under this title.
``(v) Effectively evaluate the benefits and
adverse effects of the demonstration program on
program costs, integrity, distribution, and
delivery of aid.
``(C) Participants.--The Secretary shall select, in
consultation with States and institutions of higher
education, States and institutions within the States
interested in participating in the demonstration
program under this paragraph. The States and
institutions of higher education shall participate in
programs under this title and be willing to make final
financial aid awards to students based on such
students' application information from the year prior
to the year prior to enrollment. Such awards may be
contingent on the student being admitted to and
enrolling in the participating institution the
following year. The Secretary shall also select as
participants in the demonstration program secondary
schools that are located in the participating States
and dependent students who reside in the participating
States.
``(D) Application process.--The Secretary shall
ensure that the following provisions are included in
the demonstration program:
``(i) Participating States and institutions
of higher education shall--
``(I) allow participating students
to apply for financial aid as provided
under this title during such students'
junior year of secondary school using
information from the year prior to the
year prior to enrollment; and
``(II) award final financial aid
awards to participating students based
on the applications provided under the
demonstration program.
``(ii) Participating States and
institutions of higher education shall not
require students participating in the
demonstration program to complete an additional
application in the year prior to enrollment in
order to receive State aid under section 415C
and any other institutional aid.
``(iii) Financial aid administrators at
participating institutions of higher education
shall be allowed to use such administrators'
discretion in awarding financial aid to
participating students, as outlined under
sections 479A and 480(d).
``(E) Data match with the internal revenue
service.--The Secretary shall include in the
demonstration project a data match with the Internal
Revenue Service in order to verify data provided by
participating students and gauge the feasibility of
implementing such a data match for all students
applying for aid under this title.
``(F) Evaluation.--The Secretary shall conduct a
rigorous evaluation of the demonstration program in
order to measure the program's benefits and adverse
effects as required under subparagraph (B).
``(G) Outreach.--The Secretary shall make
appropriate efforts in order to notify States of the
demonstration program. Upon determination of which
States will be participating in the demonstration
program, the Secretary shall continue to make efforts
to notify institutions of higher education and
dependent students within such participating States of
the opportunity to participate in the demonstration
program and of the participation requirements.
``(H) Consultation.--The Secretary shall consult
with the Advisory Committee on Student Financial
Assistance, established under section 491, on the
design and implementation of the demonstration program
and on the evaluation described in paragraph (F).'';
(2) by striking subsection (b) and inserting the following:
``(b) Early Awareness of Aid Eligibility.--
``(1) In general.--The Secretary shall make every effort to
provide students with early information about potential
financial aid eligibility.
``(2) Availability of means to determine eligibility.--
``(A) In general.--The Secretary shall provide, in
cooperation with States, institutions of higher
education, agencies, and organizations involved in
student financial assistance, both through a widely
disseminated printed form and the Internet or other
electronic means, a system for individuals to determine
easily, by entering relevant data, approximately the
amount of grant, work-study, and loan assistance for
which an individual would be eligible under this title
upon completion and verification of a form under
subsection (a).
``(B) Determination of whether to use simplified
application.--The system established under this
paragraph shall also permit an individual to determine
whether or not the individual may apply for aid using
an EZ FAFSA described in subsection (a)(2)(B) or a
simplified electronic application form described in
subsection (a)(3)(B).
``(3) Availability of means to communicate eligibility.--
``(A) Lower-income students.--The Secretary shall--
``(i) make special efforts to notify
students who qualify for a free or reduced
price lunch under the school lunch program
established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.), benefits under the food stamp program
under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.), or benefits under such programs as
the Secretary shall determine, of such
students' potential eligibility for a maximum
Federal Pell Grant under subpart 1 of part A;
and
``(ii) disseminate informational materials
regarding the linkage between eligibility for
means-tested Federal benefit programs and
eligibility for a Federal Pell Grant, as
determined necessary by the Secretary.
``(B) Middle school students.--The Secretary shall,
in cooperation with States, middle schools, programs
under this title that serve middle school students, and
other cooperating independent outreach programs, make
special efforts to notify middle school students of the
availability of financial assistance under this title
and of the approximate amounts of grant, work-study,
and loan assistance an individual would be eligible for
under this title.
``(C) Secondary school students.--The Secretary
shall, in cooperation with States, secondary schools,
programs under this title that serve secondary school
students, and cooperating independent outreach
programs, make special efforts to notify students in
their junior year of secondary school the approximate
amounts of grant, work-study, and loan assistance an
individual would be eligible for under this title upon
completion and verification of an application form
under subsection (a).'';
(3) in subsection (c), by striking ``Labor and Human
Resources'' and inserting ``Health, Education, Labor, and
Pensions'';
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (d); and
(6) by amending subsection (d), as redesignated by
paragraph (5), to read as follows:
``(d) Assistance in Preparation of Financial Aid Application.--
``(1) Preparation authorized.--Nothing in this Act shall
limit an applicant from using a preparer for consultative or
preparation services for the completion of the common financial
reporting forms described in subsection (a).
``(2) Preparer identification.--Any common financial
reporting form required to be made under this title shall
include the name, signature, address or employer's address,
social security number or employer identification number, and
organizational affiliation of the preparer of such common
financial reporting form.
``(3) Special rule.--Nothing in this Act shall limit
preparers of common financial reporting forms required to be
made under this title from collecting source information,
including Internal Revenue Service tax forms, in providing
consultative and preparation services in completing the forms.
``(4) Additional requirements.--A preparer that provides
consultative or preparation services pursuant to this
subsection shall--
``(A) clearly inform individuals upon initial
contact (including advertising in clear and conspicuous
language on the website of the preparer, including by
providing a link directly to the website described in
subsection (a)(3), if the preparer provides such
services through a website) that the common financial
reporting forms that are required to determine
eligibility for financial assistance under parts A
through E (other than subpart 4 of part A) may be
completed for free via paper or electronic forms
provided by the Secretary;
``(B) refrain from producing or disseminating any
form other than the forms produced by the Secretary
under subsection (a); and
``(C) not charge any fee to any individual seeking
such services who meets the requirements under
subsection (b) or (c) of section 479.''.
(c) Toll-Free Application and Information.--Section 479 of the
Higher Education Act of 1965 (20 U.S.C. 1087ss), as amended by section
2, is further amended by adding at the end the following:
``(e) Toll-Free Application and Information.--The Secretary shall
contract for, or establish, and publicize a toll-free telephone service
to provide an application mechanism and timely and accurate information
to the general public. The information provided shall include specific
instructions on completing the application form for assistance under
this title. Such service shall also include a service accessible by
telecommunications devices for the deaf (TDD's) and shall, in addition
to the services provided for in the previous sentence, refer such
students to the national clearinghouse on postsecondary education or
another appropriate provider of technical assistance and information on
postsecondary educational services, that is supported under section 663
of the Individuals with Disabilities Education Act. Not later than 2
years after the date of enactment of the Financial Aid Form
Simplification and Access Act, the Secretary shall test and implement,
to the extent practicable, a toll-free telephone-based application
system to permit applicants who are eligible to utilize the EZ FAFSA
described in section 483(a) over such system.''.
(d) Master Calendar.--Section 482(a)(1)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1089(a)(1)(B)) is amended to read as follows:
``(B) by March 1: proposed modifications and
updates pursuant to sections 478, 479(c), and 483(a)(5)
published in the Federal Register;''.
(e) Simplifying the Verification Process.--Section 484 of the
Higher Education Act of 1965 (20 U.S.C. 1091) is amended by adding at
the end the following:
``(s) Verification of Student Eligibility.--
``(1) Regulatory review.--The Secretary shall review all
regulations of the Department related to verifying the
information provided on a student's financial aid application
in order to simplify the verification process for students and
institutions.
``(2) Report.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall prepare and
submit a final report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives on
steps taken, to the extent practicable, to simplify the
verification process. The report shall specifically address
steps taken to--
``(A) reduce the burden of verification on students
who are selected for verification at multiple
institutions;
``(B) reduce the number of data elements that are
required to be verified for applicants meeting the
requirements of subsection (b) or (c) of section 479,
so that only those data elements required to determine
eligibility under subsection (b) or (c) of section 479
are subject to verification;
``(C) reduce the burden and costs associated with
verification for institutions that are eligible to
participate in Federal student aid programs under this
title; and
``(D) increase the use of technology in the
verification process.''.
SEC. 4. ALLOWANCE FOR STATE AND OTHER TAXES.
Section 478(g) of the Higher Education Act of 1965 (20 U.S.C.
1087rr(g)) is amended to read as follows:
``(g) State and Other Tax Allowance.--
``(1) Hold harmless.--Notwithstanding any other provision
of law, the annual updates to the allowance for State and other
taxes in the tables used in the Federal Need Analysis
Methodology to determine a student's expected family
contribution for the award year 2005-2006 under part F of title
IV, published in the Federal Register on Thursday, December 23,
2004 (69 Fed. Reg. 76926), shall not apply to a student to the
extent the updates will reduce the amount of Federal student
assistance for which the student is eligible.
``(2) Publication in the federal register.--For each award
year after award year 2005-2006, the Secretary shall publish in
the Federal Register a revised table of State and other tax
allowances for the purpose of sections 475(c)(2), 475(g)(3),
476(b)(2), and 477(b)(2). The Secretary shall develop such
revised table after review of the Department of the Treasury's
Statistics of Income file and determination of the percentage
of income that each State's taxes represent. The Secretary
shall phase-in the State and other tax allowances from the
revised table for an award year proportionately over a period
of time of not less than 2 years if a revised table was not
published in the Federal Register during the previous award
year.
``(3) Agreement.--The Secretary is authorized to enter into
agreement with the Commissioner of the Internal Revenue Service
to develop the data required to revise the table of State and
other tax allowances for the purpose of sections 475(c)(2),
475(g)(3), 476(b)(2), and 477(b)(2).''.
SEC. 5. SUPPORT FOR WORKING STUDENTS.
(a) Dependent Students.--Section 475(g)(2)(D) of the Higher
Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as
follows:
``(D) $9,000;''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C.
1087pp(b)(1)(A)(iv)) is amended to read as follows:
``(iv) an income protection allowance of
the following amount (or a successor amount
prescribed by the Secretary under section
478)--
``(I) $10,000 for single or
separated students;
``(II) $10,000 for married students
where both are enrolled pursuant to
subsection (a)(2); and
``(III) $13,000 for married
students where 1 is enrolled pursuant
to subsection (a)(2);''.
(c) Independent Students With Dependents Other Than a Spouse.--
Section 477(b)(4) of the Higher Education Act of 1965 (20 U.S.C.
1087qq(b)(4)) is amended to read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478):
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Number in College
Family Size ----------------------------------------------------------------
1 2 3 4 5
----------------------------------------------------------------------------------------------------------------
2 $17,580 $15,230
3 20,940 17,610 $16,260
4 24,950 22,600 20,270 $17,930
5 28,740 26,390 24,060 21,720 $19,390
6 32,950 30,610 28,280 25,940 23,610
----------------------------------------------------------------------------------------------------------------
NOTE: For each additional family member, add $3,280.
For each additional college student, subtract $2,330.''.
SEC. 6. SIMPLIFICATION FOR STUDENTS WITH SPECIAL CIRCUMSTANCES.
(a) Independent Student.--Section 480(d) of the Higher Education
Act of 1965 (20 U.S.C. 1087vv(d)) is amended to read as follows:
``(d) Independent Student.--
``(1) Definition.--The term `independent', when used with
respect to a student, means any individual who--
``(A) is 24 years of age or older by December 31 of
the award year;
``(B) is an orphan, in foster care, or a ward of
the court, or was in foster care or a ward of the court
until the individual reached the age of 18;
``(C) is an emancipated minor or is in legal
guardianship as determined by a court of competent
jurisdiction in the individual's State of legal
residence;
``(D) is a veteran of the Armed Forces of the
United States (as defined in subsection (c)(1)) or is
currently serving on active duty in the Armed Forces;
``(E) is a graduate or professional student;
``(F) is a married individual;
``(G) has legal dependents other than a spouse; or
``(H) is a student for whom a financial aid
administrator makes a documented determination of
independence by reason of other unusual circumstances.
``(2) Simplifying the dependency override process.--Nothing
in this section shall prohibit a financial aid administrator
from making a determination of independence, as described in
paragraph (1)(H), based upon a determination of independence
previously made by another financial aid administrator in the
same application year.''.
(b) Tailoring Electronic Applications for Students with Special
Circumstances.--Section 483(a) of the Higher Education Act of 1965 (20
U.S.C. 1090(a)), as amended by section 3, is further amended by adding
at the end the following:
``(13) Applications for students seeking a documented
determination of independence.--In the case of a dependent
student seeking a documented determination of independence by a
financial aid administrator, as described in section 480(d),
nothing in this section shall prohibit the Secretary from--
``(A) allowing such student to--
``(i) indicate the student's request for a
documented determination of independence on an
electronic form developed pursuant to this
subsection; and
``(ii) submit such form for preliminary
processing that only contains those data
elements required of independent students, as
defined in section 480(d);
``(B) collecting and processing on a preliminary
basis data provided by such a student using the
electronic forms developed pursuant to this subsection;
and
``(C) distributing such data to institutions of
higher education, guaranty agencies, and States for the
purposes of processing loan applications and
determining need and eligibility for institutional and
State financial aid awards on a preliminary basis,
pending a documented determination of independence by a
financial aid administrator.''.
SEC. 7. TREATMENT OF PREPAYMENT AND SAVINGS PLANS UNDER STUDENT
FINANCIAL AID NEEDS ANALYSIS.
(a) Definition of Assets.--Section 480(f) of the Higher Education
Act of 1965 (20 U.S.C. 1087vv(f)) is amended--
(1) in paragraph (1), by inserting ``qualified education
benefits, except as provided in subparagraph (2),'' after ``tax
shelters,'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following:
``(2) A qualified education benefit shall not be considered
an asset of a dependent student for purposes of section 475.
The value of a qualified education benefit for purposes of
determining the assets of parents or an independent student
shall be--
``(A) the refund value of any tuition credits or
certificates purchased under a qualified education
benefit; or
``(B) the current balance of any account that is
established as a qualified education benefit for the
purpose of meeting the qualified higher education
expenses of the designated beneficiary of the account.
``(3) In this subsection, the term `qualified education
benefit' means--
``(A) a qualified tuition program (as defined in
section 529(b)(1) of the Internal Revenue Code of 1986)
or another prepaid tuition plan offered by a State; or
``(B) a Coverdell education savings account (as
defined in section 530(b)(1) of the Internal Revenue
Code of 1986).''.
(b) Definition of Other Financial Assistance.--Section 480(j) of
the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended--
(1) in the heading, by striking ``; Tuition Prepayment
Plans'';
(2) by striking paragraph (2);
(3) in paragraph (3), by inserting ``, 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'' after ``1986''; and
(4) by redesignating paragraph (3) as paragraph (2).
(c) Total Income.--Section 480(a)(2) of the Higher Education Act of
1965 (20 U.S.C. 1087vv(a)(2)) is amended to read as follows:
``(2) No portion of any student financial assistance
received from any program by an individual, no portion of a
national service educational award or post-service benefit
received by an individual under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.), no
portion of any tax credit taken under section 25A of the
Internal Revenue Code of 1986, and no distribution from any
qualified education benefit defined in subsection (f)(3) that
is not subject to Federal income tax, shall be included as
income or assets in the computation of expected family
contribution for any program funded in whole or in part under
this Act.''.
SEC. 8. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
Section 491 of the Higher Education Act of 1965 (20 U.S.C. 1098) is
further amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) to provide knowledge and understanding of
early intervention programs and make recommendations
that will result in early awareness by low- and
moderate-income students and families of their
eligibility for assistance under this title, and, to
the extent practicable, their eligibility for other
forms of State and institutional need-based student
assistance; and
``(E) to make recommendations that will expand and
improve partnerships among the Federal Government,
States, institutions, and private entities to increase
the awareness and total amount of need-based student
assistance available to low- and moderate-income
students.'';
(2) in subsection (d)--
(A) in paragraph (6), by striking ``, but nothing
in this section shall authorize the committee to
perform such studies, surveys, or analyses'';
(B) in paragraph (8), by striking ``and'' after the
semicolon;
(C) by redesignating paragraph (9) as paragraph
(10); and
(D) by inserting after paragraph (8) the following:
``(9) monitor the adequacy of total need-based aid
available to low- and moderate-income students from all
sources, assess the implications for access and persistence,
and report those implications annually to Congress and the
Secretary; and'';
(3) in subsection (j)--
(A) in paragraph (4), by striking ``and'' after the
semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) monitor and assess implementation of improvements
called for under this title, make recommendations to the
Secretary that ensure the timely design, testing, and
implementation of the improvements, and report annually to
Congress and the Secretary on progress made toward simplifying
overall delivery, reducing data elements and questions,
incorporating the latest technology, aligning Federal, State,
and institutional eligibility, enhancing partnerships, and
improving early awareness of total student aid eligibility for
low- and moderate-income students and families.''; and
(4) in subsection (k), by striking ``2004'' and inserting
``2011''.
<all>